NPDES PERMIT NO. PR0000591 

AUTHORIZATION TO DISCHARGE UNDER THE 

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM 

In compliance with the provisions of the Clean Water Act, as amended, 33 U.S.C. §1251 

et. seq. (the "Act"), 

Bacardi Corporation 

PO Box 363549 

San Juan, Puerto Rico 00936 - 3549 

hereinafter referred to as "the permittee" is authorized to discharge from a facility located 

at 

Bacardi Corporation 

State Road No. 165, Km 2.6 

Industrial Area 

Cataño, Puerto Rico 00632 

to receiving water 

Atlantic Ocean 

in accordance with effluent limitations, monitoring requirements and other conditions set 

forth in Parts I and II hereof. All references to Title 40 of the Code of Federal 

Regulations are to regulations that are in effect on the effective date of this permit, 

including all amendments thereto published in the Federal Register. Unless otherwise 

specified herein, all terms are defined as provided in the applicable regulations under 

Title 40 of the Code of Federal Regulations. 

This permit shall become effective on July 1, 2008. 

This permit and the authorization to discharge shall expire at midnight, June 30, 2013. 

Signed this day of 

___________________________

Walter E. Mugdan 

Director 

Division of Environmental Planning 

 and Protection 

U.S. Environmental Protection Agency 

Region II 
 TABLE A-1 EFFLUENT LIMITATIONS AND REQUIREMENTS During the period beginning on July 1, 2008 and lasting through June 30, 2013, the permittee is authorized to discharge 001 (treated process, sanitary, utility, and miscellaneous wastewater). Such discharge shall be limited and monitored by below: Effluent Characteristics Gross Discharge Limitations 

kg/day (lbs/day) Other Units (specified) M

F

Monthly Avg. Daily Max. Monthly Avg. Daily Max. 

Flow m

3/day (MGD) 4,5 7,570.80 (2.0) 

Arsenic (As) (

μg/l) 2,4 36.4 

BOD5 (mg/l) 1,2,3,4

α 17,700 

Cadmium (Cd) (

μg/l) 2,3,4 16.00 

Color (Pt-Co units) 2,3,4 98,621 Copper (Cu) (

μg/l) 2,3,4 3,836 

Cyanide, Free (

μg/l) 2,3,4

β

γ 40 

Dissolved Oxygen (mg/l) 1,2,3,4 ----- Lead (Pb) (

μg/l) 2,3,4 43.8 

Mercury (Hg) (

μg/l) 2,3,4

γ 0.67 
 TABLE A-1 EFFLUENT LIMITATIONS AND REQUIREMENTS During the period beginning on July 1, 2008 and lasting through June 30, 2013, the permittee is authorized to discharge 001 (treated process, sanitary, utility, and miscellaneous wastewater). Such discharge shall be limited and monitored by below: Effluent Characteristics Gross Discharge Limitations 

kg/day (lbs/day) Other Units (specified) M

F

Monthly Avg. Daily Max. Monthly Avg. Daily Max. 

Nickel (Ni) (

μg/l) 2,3,4 569 

Nitrogen (NO3, NO2, NH3) (mg/l) 2,3,4 207.000 Oil and Grease (mg/l) 2,3,4 The waters of Puerto Rico shall be substantially free from floating 

non-petroleum oils and greases as well as petroleum derived oils and greases. 

T

pH (SU) 2,3,4 Shall always lie between 6.0 and 9.0. 

Radioactive Materials (picocuries/l) 2,4 ----- Silver (Ag) (

μg/l) 2,3,4 81.2 

Solids and Other Matter 2,4

The waters of Puerto Rico shall not contain floating debris, scum and other floating material attributable to discharges in amounts sufficient to be unsightly or deleterious to the existing or designated uses of the waterbody. 
 TABLE A-1 EFFLUENT LIMITATIONS AND REQUIREMENTS During the period beginning on July 1, 2008 and lasting through June 30, 2013, the permittee is authorized to discharge 001 (treated process, sanitary, utility, and miscellaneous wastewater). Such discharge shall be limited and monitored by below: Effluent Characteristics Gross Discharge Limitations 

kg/day (lbs/day) Other Units (specified) M

F

Monthly Avg. Daily Max. Monthly Avg. Daily Max. 

Sulfide (S) (

μg/l) 2,3

δ @ 

(undissociated H2S) 

108,401 

Surfactants as MBAS 1,2,3,4 (

μg/l) 1,657 

Suspended, Colloidal or Settleable Solids (ml/l) 1,2,3 # 

Solids from wastewater sources shall not cause deposition in or be deleterious to the existing or designated uses of the waters. 

Taste and Odor Producing Substances 

2 Shall contain none in amounts that will render any undesirable taste or 

odor to edible aquatic life. 

Temperature EF (EC) 2,3 105.8 (41) Thallium (TI) (

μg/l) 2,3,4 36.3 

Total Coliforms (colonies/100ml) 1,2,3,4

The coliform geometric mean of a series of representative samples (at least five samples) of the waters taken sequentially in a given instance shall not exceed 10,000 colonies/100 ml. 
 TABLE A-1 EFFLUENT LIMITATIONS AND REQUIREMENTS During the period beginning on July 1, 2008 and lasting through June 30, 2013, the permittee is authorized to discharge 001 (treated process, sanitary, utility, and miscellaneous wastewater). Such discharge shall be limited and monitored by below: Effluent Characteristics Gross Discharge Limitations 

kg/day (lbs/day) Other Units (specified) M

F

Monthly Avg. Daily Max. Monthly Avg. Daily Max. 

Turbidity (NTU) 2,3,4 11,498 Zinc (Zn) (

μg/l) 2,3,4 3269.00 
TABLE A-1 Notes: _____________________________ To comply with the monitoring requirements specified above, samples shall be taken at point of discharge 001. All flow measurements shall achieve accuracy within the range of ± 10%. The wastewaters to be discharged from Bacardi, through the discharge point 001 are the following: a. boiler blowdown, wash and extraction b. mosto (distillation, fermentation and washes) c. clarification plant wash d. anaerobic treatment plant discharges - cooling tower. e. flavor steam traps. f. sulfur plant rinses and condensate. g. bottling plant and broken bottles wash. h. process washes (lock). i. molasses unloading and seal flush. j. fermentation floor drains. k. distillery floor wash. l. barrel wash. m. cooling tower wash. n. cooling tower blowdown and other. o. CO2 plant condensate and washes. p. sanitary plant (discharge 003). q. sanitary plant (discharge 004). r. process water treatment steam traps. α The effluent limitation for BOD5 is based on the Mixing Zone Application for the Puerto Rico Aqueduct and Sew

Puerto Nuevo and Bayamón facilities, and the Bacardi Corporation, after determining that there is a reasonable a

not cause violations to the water quality standard for Dissolved Oxygen for Class SC. 

φ The permittee shall implement a monthly monitoring program using the analytical method approved by EPA wit

detection level, in accordance with Section 6.2.3 of the Puerto Rico Water Quality Standards Regulation (PRWQyear period, after which they will be conducted annually. The monitoring program shall commence no later than 
EQB's written approval of the Quality Assurance Project Plan (QAPP). The QAPP must be submitted for evalua

later than July 1, 2008. The results of the monitoring program shall be submitted to EQB and EPA Region II no 

completion of the one year monitoring program. Based on the evaluation of the results obtained, EQB will deteris necessary for these parameters. In such case the Water Quality Certificate will be reopened to include the applconsidered necessary. 

EPA Addendum: the one year monitoring program must be completed and submitted by June 30, 2013. 

β The samples shall be analyzed using the method approved by EPA in letter dated February 20, 2007. γ See Special Condition number 3. δ See Special Condition number 5. # The permittee shall perform the tests for Settleable Solids. @ The permittee shall use the approved EPA analytical method with the lowest possible detection limit, currently, E

Methods 4500-S2- D (18th Edition), or HACH Company Method 8131 for the determination of the dissolved Suthe sample. Using the dissolved Sulfide concentration, the permittee shall calculate the Undissociated Hydrogen Standard Methods Method 4500-S2- F (18th Edition). If the sample result for dissolved Sulfide is below the dete376.2 or Standard Methods 4500-S2- D (18th Edition), i.e., < 100 μg/l, then the permittee has demonstrated that Undissociated Hydrogen Sulfide is below that same detection limit, and that compliance with the permit limit of Hydrogen Sulfide was achieved. 

1, 2, 3, 4, 5, 6, and 7 See the endnotes to the Special Conditions 
TABLE A-2 EFFLUENT LIMITATIONS AND REQUIREMENTS During the period beginning on July 1, 2008 and lasting through June 30, 2010** the permittee is authorized to discharg

numbers 001 the combined wastewaters described below Table A-1. Such discharge shall be limited and monitored by below: Effluent Characteristics Gross Discharge Limitations Monitoring 

Daily Maximum* Measurement 

Frequency 

Enterococci (colonies/100 ml) 1,2,4,7 ---- Weekly Fecal Coliforms (colonies/100ml) 1,2,3,4 1,200,000 Weekly Notes: To comply with the monitoring requirements specified above, samples shall be taken at the outfall of discharge serial nu* The geometric mean of a series of representative samples (at least five samples) of the water taken sequentially in a ** See Special Condition 18.b EPA Addendum: A permit modification finalized by EPA shall be the sole mechanism by which the interim effluent limand/or Fecal Coliforms may be extended beyond June 30, 2010. 1, 2, 3, 4, 5, 6, and 7 See the endnotes to the Special Conditions 
TABLE A-3 EFFLUENT LIMITATIONS AND REQUIREMENTS During the period beginning on July 1, 2010* and lasting through the permit expiration date, the permittee is authorized tserial numbers 001 the combined wastewaters described below Table A-1. Such discharge shall be limited and monitored specified below: Effluent Characteristics Gross Discharge Limitations 

Other Units (specified) 

Enterococci (colonies/100 ml) 1,2,4,8 The enterococci density in terms of geometric mean of at least 5 

representative samples taken sequentially shall not exceed 

35/100 ml. No single sample should exceed the upper confidence limit of 75% as the log standard deviation until sufficient site data exist to establish a site-specific log standard 

deviation. 

Fecal Coliforms (colonies/100ml) 1,2,3,4

The coliform geometric mean of a series of representative 

samples (at least five samples) of the waters taken sequentially in a given instance shall not exceed 200 colonies/100 ml. Not

more than 20 percent of the samples shall exceed 400 colonies/100 ml. 

Notes: To comply with the requirements specified above, samples shall be taken at the outfall of discharge serial number 001. * See Special Condition 18b. 
TABLE A-4 EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS During the period beginning on July 1, 2008 and lasting through June 30, 2013 the permittee is authorized to discharge f

point 002. Such discharge shall be limited and monitored by the permittee as specified below: 

Effluent Characteristics 

Quarterly Rolling 

Average (QRA)* 

Monthly Avg. 

kg/day (lb/day) 

Daily Maximum 

kg/day (lb/day) 

Flow m

3/day (MGD) ---- 

BOD5 30,000 (66,200) 42,400 (93,280) Total Suspended Solids (mg/l) 45,200 (99,440) 71,200 (156,640) 

Influent BOD5 Concentration (mg/l) Monitor influent BOD5 concentration on a weekly basis 

Effluent BOD5 Concentration (mg/l) Monitor influent BOD5 concentration on a weekly basis (A) Influent QRA BOD5 Concentration (mg/l)

1 Calculate and report QRA Influent BOD5 concentration on a mo

(B) QRA Influent BOD5 Loading (lb/day)

2 Calculate and report QRA Influent BOD5 loading on a monthly b

(C) QRA Effluent BOD5 Loading (lb/day)

3 Calculate and report QRA Effluent BOD5 loading on a monthly b

Tiered QRA Percentage Removal RequirementWhen QRA Influent BOD5 Concentration (Row (A)) is 

$23,600 mg/l

4 Calculate and report QRA Percentage Removal monthly. 

QRA Percentage Removal shall be no less than 70% 

When QRA Influent BOD5 Concentration (Row (A)) is < 23,600 mg/l

4 Calculate and report QRA Percentage Removal monthly. 
Table A-4 Notes:* All Quarterly Rolling Averages (QRA) shall be calculated on a monthly basis, using the previous thirteen weekly re

reported on a spreadsheet as a supplement to the DMR. This spreadsheet shall include all flow rates, concentration

thirteen weeks of results used to calculated any QRA numbers. 

1 The QRA Influent BOD5 Concentration to the anaerobic digesters shall be calculated over the previous thirteen wee

calculated result will determine whether the limitation of a minimum of 70% removal rate applies. This value must 

2 The QRA Influent BOD5 Loading shall be calculated based on the influent concentration and the flow. This calcula

supplement to the DMR. 

3 The QRA Effluent BOD5 Loading shall be calculated based on the effluent concentration and flow. This calculatio

supplement to the DMR. 

4 The QRA Percentage Removal for BOD5 shall be the calculated as the percentage difference between the QRA Infl

(B)) results, and the QRA Effluent BOD5 Loading results (Row (C)). This calculation shall be included in the suppcalculated value shall be reported in the DMR. 

Internal monitoring point 002 is in the vicinity of a flow measuring device after anaerobic treatment, and is designed to 

flows from the anaerobic digesters prior to mixing with any other waste streams. Production data for the days of sampling for each month, in proof gallons per day, is required to be submitted with the 
TABLE A-4 EFFLUENT LIMITATIONS AND REQUIREMENTS During the period beginning on July 1, 2008 and lasting through June 30, 2013, the permittee is authorized to discharge 003 and 004 (treated sanitary wastewater). Such discharge shall be limited and monitored by the permittee as specified 

Effluent Characteristics Gross Discharge Limitations 

Other Units (specified) M

F

Monthly Avg. 7-day Average 

Flow m

3/day (MGD) ---- 

BOD5 (mg/l) * 30 45 

Total Suspended Solids (mg/l) * 30 45 * The arithmetic mean of the values for effluent samples collected in a period of 30 consecutive days shall not exceed 

means of the values of influent samples collected at approximately the same time during the same period (85 percent 

To comply with the monitoring requirements specified above, samples shall be taken at sampling location 003 and 004 wastewater treatment plant. All flow measurements shall achieve accuracy within the range 10%. 
Part I 

Page 13 of 41 

Permit No. PR0000591 

SPECIAL CONDITIONS 

These special conditions are an integral part of the Water Quality Certificate (WQC) and shall be 

incorporated into the NPDES permit in order to satisfy the provisions of Section 301(b)(1)(C) of the 

Federal Clean Water Act (CWA) as amended (33 U.S.C. 466 et. seq.): 

1. The flow of discharge 001 shall not exceed the limitation of 7,570.80 m3/day (2.0 MGD) as 

daily maximum. No increase in flow shall be authorized without a recertification from the 

Puerto Rico Environmental Quality Board (EQB). 1,4,5 

2. No toxic substances shall be discharged, in toxic concentrations, other than those allowed as 

specified in the NPDES permit. Those toxic substances included in the Permit Renewal 

Application, but not regulated by the permit, shall not exceed those concentrations as specified in 

the applicable regulatory limitations. 1,2 

3. The samples taken for the analysis of cyanide and mercury shall be analyzed using the analytic 

method approved by the Environmental Protection Agency (EPA) with the lowest possible 

detection level, in accordance with Section 6.2.3 of the Puerto Rico Water Quality Standards 

Regulation (PRWQSR), as amended. 4

4. All sample collection, preservation, and analysis shall be carried out in accordance with the Code 

of Federal Regulation (CFR) Number 40, Part 136. A licensed chemist authorized to practice the 

profession in Puerto Rico shall certify all chemical analyses. All bacteriological tests shall be 

certified by a licensed microbiologist or a medical technician authorized to practice the 

profession in Puerto Rico. 1,3 

5. The permittee shall use the approved EPA analytical method, with the lowest possible detection 

limit, in accordance with the 40 CFR Part 136 for Sulfide (as S). Also, the permittee shall 

complete the calculations specified in Method 4500-S-2 F, Calculation of Un-ionized Hydrogen 

Sulfide, of Standards Methods 18th Edition, 1992, to determine the concentration of 

undissociated H2S. If the sample results of Dissolved Sulfide are below the detection limit of the 

approved EPA method established in the 40 CFR Part 136, then, the concentration of 

undissociated H2S should be reported as “below detection limit”. 2,3 

6. The solid wastes (sludge, screenings and grit) generated due to the treatment system operation 

shall be: 

a. Disposed in compliance with the applicable requirements established in the 40 CFR, Part 

257. A semiannual report shall be submitted to EQB and EPA notifying the method or 

methods used to dispose the solid wastes generated in the facility. Also, a copy of the 

approval or permit applicable to the disposal method used shall be submitted, if any. 

b. Transported adequately in such way that access is not gained to any body of water or soil. 

In the event of a spill of solid waste on land or into a body of water, the permittee shall 

notify the Point Sources Permits Division of EQB’s Water Quality Area in the following 

manners: 
Part I 

Page 14 of 41 

Permit No. PR0000591 

1) By telephone communication within a term no longer than twenty four (24) hours 

after the spill (787-767-8073). 

2) By letter, within a term no longer than five (5) days after the spill. 

 These notifications shall include the following information: 

a) Spill material 

b) Spill volume 

c) Measures taken to prevent the spill material from gaining access to any 

body of water 

This special condition does not relieve the permittee from its responsibility to obtain the 

corresponding permits from the EQB’s Solid Wastes Program and other state and federal 

agencies, if any. 4,6

7. A log book should be kept for the material removed from the treatment system, such as sludge, 

screenings and grit, detailing the following items: 

a. Removed material, date and source of it. 

b. Approximate volume and weight. 

c. Method by which it is removed and transported. 

d. Final disposal and location. 

e. Person that offers the service. 

A copy of the Non-Hazardous Solid Waste Collection and Transportation Service Permit issued 

by the authorized official from the EQB should be attached to the log book. 3 

8. The sludge produced within the facility due to the operation of the treatment system shall be 

analyzed and all constituents shall be identified as required by “Standards for the Use or 

Disposal of Sewage Sludge” (40 CFR Part 503). The sludge shall be disposed properly in such 

manner that water pollution or other adverse effects to surface waters or to ground water do not 

occur. 4,6 

9. If any standard or prohibition to the sanitary sludge disposal is promulgated and said prohibition 

or standard is more stringent than any condition, restriction, prohibition or standard contained in 

the NPDES permit, such permit shall be modified accordingly or revoked and reissued to be 

adjusted with regard to such prohibition or standard. 6 

10. No changes in the design or capacity of the treatment system will be permitted without the 

previous authorization of EQB. 5 

11. Prior to the construction of any additional treatment systems or prior to the modification of the 

existing one, the permittee shall obtain the approval of the engineering report, plans and 

specifications from EQB. 5 

12. The permittee shall install, maintain and operate all water pollution control equipment in such 

manner as to be in compliance with the applicable Rules and Regulations. 1,4
Part I 

Page 15 of 41 

Permit No. PR0000591 

13. The flow measurement device for the discharge 001 shall be periodically calibrated and properly 

maintained. Calibration and maintenance records must be kept in compliance with the applicable 

Rules and Regulations. 4,5 

14. The sampling point for discharge 001 shall be located immediately after the primary flow 

measuring device of the effluent of the facility. 

15. The sampling point for discharge 001 shall be labeled with an 18 inches x 12 inches (minimum 

dimensions) sign that reads as follows: 

"PUNTO DE MUESTREO PARA LA DESCARGA 001" 

16. All water or wastewater treatment facilities, whether publicly or privately owned, must be 

operated by a person licensed by the Potable Water and Wastewater Treatment Plants Operators 

Examining Board of the Commonwealth of Puerto Rico. 4 

17. The EQB has defined and authorized a Mixing Zone (MZ) pursuant to Article 5 of the 

PRWQSR. 3 

a. The MZ is delineated by the following points (See Diagram-I on the following page). 

b. The MZ is defined for the following parameters: 

Parameter

Daily Maximum 

Discharge 

Limitation at Outfall 

Serial Number 001

Daily Maximum 

Limitation at 

 the Edge 

of the MZ

 

Arsenic (As) (μg/l) 36 1.4 

Cadmium (Cd) (μg/l) 16.00 9.30 

Color (Pt-Co) 98,621 * 

Copper (Cu) (μg/l) 3,836 3.1 

Cyanide, Free (CN) (μg/l) 40 1 

Dissolved Oxygen (mg/l) Monitoring Only ≥4.0 

Lead (Pb) (μg/l) 43.8 8.1 

Mercury (Hg) (μg/l) 0.6 0.051 

Nickel (Ni) (μg/l) 569 8.2 

Nitrogen (mg/l) (NO2, NO3, NH3) 207.000 5.000 

pH (SU) 6.0 - 9.0 7.3 - 8.5 

Silver (Ag) (μg/l) 81.2 2.0 

Sulfide (μg/l) (undissociated H2S) 108,401 2 

Surfactants (MBAS) (μg/l) 1,657 500 

Temperature °F (°C) 105.8 (41) ** 

Thallium (Tl) (μg/l) 36.3 6.3 

Turbidity (NTU) 11,498 10 

Zinc (Zn) (μg/l) 3,269.00 81.00 

* The color at the edge of the mixing zone shall not exceed the color of the receiving water body (background 

monitoring station). 

** No heat may be added to the waters of Puerto Rico, which would cause the temperature of any site to exceed 90oF 

(32.2oC). 
Part I 

Page 16 of 41 

Permit No. PR0000591 

DIAGRAM – 1: Bacardi Corporation Mixing Zone 

Geographic Coordinates * 

Point 1 Lat. 18o 29.179' 

Long. 66o 08.516' 

Point 2 Lat. 18o 29.202' 

Long. 66o 08.509' 

Point 3 Lat. 18o 29.112' 

Long. 66o 08.336' 

Point 4 Lat. 18o 29.096' 

Long. 66o 08.140' 

Point 5 Lat. 18o 29.074' 

Long. 66o 08.147' 

Point 6 Lat. 18o 29.089' 

Long. 66o 08.343' 

 * NAD 83 State Plane Coordinates 

1 

2 

 5 

 4 

3

6

BG 
Part I 

Page 17 of 41 

Permit No. PR0000591 

The diffuser configuration is a one hundred twenty (120) degree “Y” type consisting of two (2) legs of 

one thousand ten (1,010) feet long and a constant diameter of eighty four (84) inches. A total of one 

hundred two (102) ports along each diffuser’s leg shall be opened. There are twenty (20) ports of seven 

(7) inches at the end of each diffuser’s leg and eighty two (82) ports of six (6) inches between the “Y” 

split and the larger ports at the end of each diffuser’s leg. The ports discharge in alternate directions at a

constant spacing of ten (10) feet. 

 

 

c. The permittee shall conduct annually definitive acute and chronic toxicity tests using the 

organisms Mysidopsis bahia, Cyprinodon variegatus and Arbacia punctulata for the 

wastewater discharge identified as 001. See Special Condition No. 19 for further toxicity 

testing requirements. 

 

d. The toxicity test shall be conducted according to the most recent editions of the following 

publications of EPA: 

1) Methods for Measuring the Acute Toxicity of Effluents and Receiving Waters to 

Freshwater and Marine Organisms, (EPA-821-R-02-012) Fifth Edition, October 

2002. 

2) Short Term Methods for Estimating the Chronic Toxicity of Effluents and 

Receiving Waters to Marine and Estuarine Organisms, (EPA-821-R-02-013) 

Fourth Edition, October 2002. 

e. The procedures, methods, techniques, conditions, etc., included in the above mentioned 

publications shall be followed at all times. If the permittee wishes to use other 

procedures, methods, etc., because he understands that: 

1) by the nature or conditions of this case it is impossible to follow such 

publications; 

2) other procedures, methods, etc., are adequate; 

then, the permittee shall, prior to the utilization of other procedures, methods, etc., obtain 

the EPA and EQB written approval for their usage. 

f. The effluent samples for the toxicity tests shall be used in or before 36 hours after being 

collected. 

g. A report on the toxicity tests conducted shall be submitted to the EQB, during the sixty 

(60) days period after the tests were conducted. This report shall be prepared according 

to the aforementioned publications of EPA. 
Part I 

Page 18 of 41 

Permit No. PR0000591 

h. Based on the review of the test results, EPA or the EQB can require additional toxicity 

tests, including toxicity/treatability studies and can revoke the final mixing zone 

authorization according with Section 5.14 of the PRWQSR. 

i. Solids from wastewater sources shall not cause deposition in, or be deleterious to, the 

existing or designated uses of the waters. 

j. The discharge shall not cause the growth or propagation of organisms that negatively 

disturb the ecological equilibrium in the areas adjacent to the mixing zone. 

k. The mixing zone shall be free of debris, scum, floating oil and any other substances that 

produce objectionable odors. 

l. The permittee shall maintain in good operating conditions the discharge system 

[discharge outfall (land and submarine), diffuser, ports, etc.] At least once a year, the 

discharge system shall be inspected to determine if some repairs, replacing, etc., on the 

discharge system is required. A report of such inspections shall be submitted to EPA and 

EQB not later than sixty (60) days after the performance of the inspection. 

m. The EQB can require that the permittee conduct bioaccumulation studies, dye studies, 

water quality studies or any other pertinent studies. If the EQB requires one or more of 

the aforementioned studies, the permittee will be notified to conduct such study(ies). 

One hundred and twenty (120) days after the notification of the EQB, the permittee shall 

submit, for evaluation and approval of the EQB, a protocol to conduct such study(ies). 

Sixty (60) days after the EQB approval, the permittee shall initiate such study(ies). 

Ninety (90) days after conducting such study(ies), the permittee shall submit a report that 

includes the results of such study(ies). 

n. The permittee shall conduct a dye study to verify the Critical Initial Dilution and the 

plume behavior within the mixing zone. The dye study shall be conducted ninety (90) 

days after the written approval of the corresponding Protocol and Quality Assurance 

Project Plan (QAPP). Such Protocol and QAPP shall be submitted to by October 1, 2008. 

This study shall consist of at least one set of the required samples, as established in the 

QAPP for a complete sampling event. 

o. The authorization for the mixing zone will not be transferable and does not convey any 

property rights of any sort or any exclusive privileges, nor does it authorizes any injury to 

persons or property or invasion of other private rights, or any infringement of Federal or 

State Laws or Regulations. 

18. No later than September 1, 2008, the permittee shall initiate a study to collect all available 

information on key factors affecting regulated bacterial concentrations in the receiving waters. 

The implementation of such study shall predict and verify enterococci, fecal and total coliforms 

and residual chlorine concentrations in the receiving waters based on the concentrations present 
Part I 

Page 19 of 41 

Permit No. PR0000591 

on the discharge of Puerto Nuevo and Bayamón Regional Wastewater Treatment Plants, the 

combined discharge of Bacardí, the point of discharge of the combined effluent of the three 

facilities, the edge of the mixing zone, the background station and local shoreline stations. The 

study shall comply with the protocol approved by EQB. 2,4,7 

a. The permittee shall comply with the following interim and final limits for discharge 001 for 

the following parameters: 

Parameters Interim Limits‡ Final Limits

 

Enterococci 

(col/100 ml) 

Monitoring only * 

Fecal Coliforms 

(col/100 ml) 

1,200,000 ** 

‡ The geometric mean of a series of representative samples (at least five samples) 

of the water taken sequentially in a given instance. 

* The enterococci density in terms of geometric mean of at least 5 representative 

samples taken sequentially shall not exceed 35/100 ml. No single sample should 

exceed the upper confidence limit of 75% using 0.7 as the log standard deviation 

until sufficient site data exist to establish a site-specific log standard deviation. 

** The Fecal Coliforms geometric mean of a series of representative samples (at 

least five samples) of the water taken sequentially in a given instance shall not 

exceed 200 colonies/100 ml. Not more than 20 percent of the samples shall 

exceed 400 colonies/100 ml. 

b. The interim limits will be effective during the period July 1, 2008 through June 30, 2010. 

 

 EPA Addendum: A permit modification finalized by EPA shall be the sole mechanism 

by which the interim effluent limitations for Enterococci and/or Fecal Coliforms may be 

extended beyond June 30, 2010. 

c. The permittee must complete the study by November 1, 2009. 

d. A final report must be submitted to the EQB within sixty (60) days of the last day of field 

sample collection. Such report must contains the results and conclusions of the study, as 

any other pertinent data and required information, as established in the study protocol 

approval by EQB. 

e. By no means should it be understood that the performance of the study described in this 

special condition exempts the Puerto Nuevo and Bayamón Regional Wastewater 

Treatment Plants and the Bacardí Corporation from the requirement to disinfect the 
Part I 

Page 20 of 41 

Permit No. PR0000591 

effluent to be discharged through the individual points of discharge authorized by the 

corresponding NPDES permits. 

19. Whole Effluent Toxicity Requirements 

 a. Monitoring Frequency 

The permittee shall conduct quarterly chronic toxicity tests on flow-weighted 24-hour composite 

effluent samples of the combined Bacardi, PRASA Puerto Nuevo, and PRASA Bayamón 

discharges (referred herein as “combined discharge”) for fertilization of Arbacia Punctulata. 

Once each calendar year, the permittee shall split a 24-hour composite effluent sample and 

concurrently conduct acute and chronic toxicity tests using Mysidopsis bahia and Cyprinodon 

variegatus in addition to Arbacia punctulata fertilization test. The testing on this split sample, in 

addition to the Arbacia Punculata test for that quarter would satisfy the annual toxicity 

monitoring requirement of Special Condition 17c. 

The permittee shall also conduct quarterly chronic toxicity tests on 24-hour composite effluent 

samples of solely the Bacardi effluent, taken at Bacardi Discharge Point 001, for fertilization of 

Arbacia Punctulata. During years 1, 3, and 5 of the permit, a split of each quarterly composite 

sample shall be also analyzed for all other monitored parameters for Bacardi effluent from 

Bacardi Discharge Point 001. 

b. Effluent Limitation: 

No single IC25 test result for any species or effect in the combined discharge shall be less 

than 1.00%. 

Results shall be reported as the IC25 percentage effluent of the combined discharge. This permit 

requires additional toxicity testing if a chronic toxicity effluent limit is violated. The permittee 

shall notify EPA in writing within fourteen days of the permittee’s receipt of results violating 

this effluent limitation. 

 

c. TRE Workplan 

No later than January 1, 2009, the permittee shall prepare and submit a Toxicity Reduction 

Evaluation (TRE) Workplan to EPA Region 2. This plan shall include steps the permittee 

intends to follow if toxicity is measured below the chronic toxicity minimum IC25 effluent 

limitation and must include, at a minimum: 

1) A description of the investigation and evaluation techniques that would be used to 

identify potential causes and sources of toxicity, effluent variability, and treatment 

system efficiency. 
Part I 

Page 21 of 41 

Permit No. PR0000591 

2) A description of methods for maximizing in-house treatment system efficiency, 

good housekeeping practices, and a list of all chemicals used in operations at the 

facility. 

3) Potential actions to be undertaken by the permittee to investigate, identify, and 

correct the causes, and prevent the recurrence of toxicity. 

4) Identification of responsible persons/parties for conducting the TRE. 

d. Accelerated Toxicity Testing and Commencement of TRE 

1) If the combined discharge displays a chronic toxicity result with an IC25 value of 

less than 1.00%, then the permittee shall conduct six additional toxicity tests of 

the combined discharge for all three plants using the same species and test 

method, every two weeks, over a 12 week period. The permittee shall also split 

the sample and perform testing for the species in question on solely the Bacardi 

effluent taken from Outfall 001, for each of these six test results. 

2) Accelerated testing shall begin within 14 days of the permittee’s receipt of test 

results violating the effluent limit. If none of the additional toxicity tests exceeds 

a chronic toxicity effluent limit, then the permittee may return to its regular 

testing frequency for both the combined discharge and solely Bacardi effluent. 

All laboratory test results shall be submitted to EPA and EQB within 30 days of 

receipt by the permittee, as required in item 19.f.3 of this Special Condition. 

3) If one of the additional toxicity tests for the combined discharge (in paragraph 

19.d.1) exceeds a toxicity effluent limit, then, within 14 days of receipt of this test 

result, the permittee shall initiate the TRE workplan prepared in compliance with 

paragraph 19.c of this special condition. The TRE shall use the same species and 

test method as that of the observed exceedance. The TRE may be performed in 

conjunction with the PRASA Puerto Nuevo and Bayamón facilities. The 

permittee shall use the following guidance manuals: 

A) Toxicity Reduction Evaluation Guidance for Municipal Wastewater 

Treatment Plants (EPA 833-B-99-002, 1999) 

B) Generalized Methodology for Conducting Industrial Toxicity Reduction 

Evaluations (EPA/600/2-88/070, 1989). 

4) The permittee may also use the following manuals for Toxicity Identification 

Evaluation to identify the causes of toxicity: 

A) Toxicity Identification Evaluation: Characterization of Chronically Toxic 

Effluents, Phase I (EPA/600/6-91/005F, 1992); 
Part I 

Page 22 of 41 

Permit No. PR0000591 

B) Methods for Aquatic Toxicity Identification Evaluations, Phase II Toxicity 

Identification Procedures for Samples Exhibiting Acute and Chronic 

Toxicity (EPA/600/R-92/080, 1993); 

C) Methods for Aquatic Toxicity Identification Evaluations, Phase III 

Toxicity Confirmation Procedures for Samples Exhibiting Acute and 

Chronic Toxicity (EPA/600/R-92/081, 1993); and 

D) Marine Toxicity Identification Evaluation (TIE): Phase I Guidance 

Document (EPA/600/R-96-054, 1996). 

 

5) The trigger or performance of a TRE shall not relieve the permittee of its 

responsibilities to conduct WET monitoring in compliance with Section 19.a. of 

this Special Condition. The permittee must also continue to comply with the 

reporting requirements of item 19.f.3 of this Special Condition for all test results 

in compliance with this permit and progress reports on the TRE process. 

6) The trigger or performance of accelerated monitoring shall not relieve the 

permittee of its responsibilities to conduct WET monitoring in compliance with 

Section 19.a. of this Special Condition. The permittee must also submit test 

results within 30 days after the permittee's receipt of the laboratory reports for 

accelerated monitoring in order to comply with the reporting requirements of item 

19.g.3 of this Special Condition. Test results that were received by the permittee 

due to accelerated monitoring may be used to satisfy the requirements of Section 

19.a. of this Special Condition, provided that all requirements of Section a. 

(including species, test type, frequency, timing, and sample requirements) are 

met. 

e. Test Methods 

 1) Acute Toxicity Testing 

A) The acute toxicity tests shall be conducted in accordance with the EPA 

publication, EPA-821-R-02-012 Methods for Measuring the Acute 

Toxicity of Effluents and Receiving Waters to Freshwater and Marine 

Organisms (Fifth Edition), October 2002, or the most recent edition of this 

publication, if such edition is available. 

B) The tests shall provide a measure of the acute toxicity as determined by 

the wastewater concentration, which cause 50 percent mortality of the 

organisms over a 48 hour period. Test results shall be expressed in terms 

of Lethal Concentration (LC) and reported as 48 hour LC50.
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Permit No. PR0000591 

C) The test species shall be the Mysidopsis Bahia (mysid shrimp) and 

Cyprinidon Variegatus (sheepshead minnow). The tests shall be static 

renewal type. 

 

2) Chronic Toxicity Testing 

A) The chronic toxicity tests shall be conducted in accordance with EPA 

publication, EPA-821-R-02-013 Short Term Methods for Estimating the 

Chronic Toxicity of Effluents and Receiving Waters to Marine and 

Estuarine Organisms, Fourth Edition, October 2002. 

B) The tests shall report the No Observable Effects Concentration (NOEC), 

the Low Observable Effects Concentration (LOEC), the calculated 

inhibition concentration of 25% (IC25), and the effects reported at each 

concentration tested in the dilution series. The dilution series 

concentrations shall be chosen to bracket the approximate expected IC25 

results, in order to accurately depict the toxic effects of the sample. 

C) The chronic toxicity tests shall be survival, growth, and fecundity the 

Mysidopsis Bahia (mysid shrimp), survival and growth for the Cyprinidon 

Variegatus (sheepshead minnow), and fertilization of Arbacia Punctulata

(sea urchin). The tests shall be static renewal type. 

D) If either the reference toxicant or effluent toxicity tests do not meet all test 

acceptability criteria in the test methods manual, then the permittee must 

resample and retest within 14 days. 

f. Reporting of Chronic Toxicity Monitoring Results 

1) A procedure report shall be to EPA and EQB by October 1, 2008. The following 

information shall be included in the procedure report: 

A) An identification of the organizations responsible for conducting the test 

and the species to be tested. 

B) A detailed description of the methodology to be utilized in the conduct of 

the tests, including equipment, sample collection, dilution water and 

source of test organisms. 

C) A schematic diagram which depicts the effluent sampling location. The 

diagram shall indicate the location of effluent sampling in relation to 

wastewaters treatment facility and discharge monitoring point. 

 
Part I 

Page 24 of 41 

Permit No. PR0000591 

2) For any toxicity testing event, a full laboratory report shall be submitted and shall 

include: the toxicity test results in NOEC, LOEC, IC25, and the results reported at 

each effluent dilution. The results shall be reported according to the test methods 

manual chapter on report preparation and test review; the dates of sample 

collection and initiation of each toxicity test; all results for effluent parameters 

monitored concurrently with the toxicity test(s); and progress reports on TRE/TIE 

investigations. 

3) Full laboratory reports of analytical results shall be submitted to EPA Region II 

and EQB within thirty (30) days of completion of each test. Based on a review of 

the test results, EPA or the EQB may require additional toxicity tests, including 

chronic toxicity analyses. In addition to submitting the procedures report and test 

results to the addresses listed in Part I.B. of this permit, results shall be submitted 

to: 

 

 CHIEF, CLEAN WATER REGULATORY BRANCH 

 U.S. ENVIRONMENTAL PROTECTION AGENCY, REGION II 

 290 BROADWAY - 24th FLOOR 

 NEW YORK, NEW YORK 10007-1866 

4) The permittee shall notify the permitting authority in writing within 14 days of 

any violation of the minimum chronic toxicity IC25 limitation. This notification 

shall describe actions the permittee has taken or will take to investigate, identify, 

and correct the causes of toxicity; the status of actions required by this permit; and 

schedule for actions not yet completed; or reason(s) that no action has been taken. 

g. Reopener Clause for Toxicity Requirements 

 In accordance with 40 CFR Parts 122 and 124, this permit may be reopened by EPA to 

include toxicity/treatability studies, additional effluent limitations, or other special 

conditions to address toxicity in the effluent or receiving water body. 

20. Reopener Clause for Endangered Species Protection 

This permit may be modified or revoked and reissued based on the results of ESA section 7 

consultation with the U.S. Fish and Wildlife Service and National Marine Fisheries Service.
Part I 

Page 25 of 41 

Permit No. PR0000591 

 

__________________________ 

1. According to Article 1, Puerto Rico Water Quality Standards Regulation as Amended. 

2. According to Article 3, Puerto Rico Water Quality Standards Regulation as Amended. 

3. According to Article 5, Puerto Rico Water Quality Standards Regulation as Amended. 

4. According to Article 6, Puerto RicoWater Quality Standards Regulation as Amended. 

5. According to the Environmental Public Policy Act of September 22, 2004, Act No. 416, effective 

since March 22, 2005. 

6. According to the Section 405(d)(4) of Federal Clean Water Act, as amended (33 U.S.C. 466 et. 

seq.). 

7. According to the Code of Federal Regulation Number 40 (40 CFR), Part 131.40, as amended 

(Federal Register/Volume 69, No. 16/Monday, January 26, 2004). 

 
Part I 

Page 26 of 41 

Permit No. PR0000591 

B. MONITORING AND REPORTING REQUIREMENTS 

1. Monitoring and records. See Part II.B.10. 

2. Discharge Monitoring Reports. 

a. See Part II.B.12.d. 

b. Monitoring results obtained during the previous month shall be summarized and reported 

on a Discharge Monitoring Report Form (EPA No. 3320-1), postmarked no later than the 

28th day of the month following the completed reporting period. The first report is due 

on August 28, 2008. Duplicate signed copies of these, and all other reports required 

herein, shall be submitted to the Regional Administrator and State Director at the 

following addresses: 

COMPLIANCE ASSISTANCE 

 PROGRAM SUPPORT BRANCH 

U.S. ENVIRONMENTAL PROTECTION 

AGENCY, REGION II 

 290 BROADWAY - 21ST FLOOR 

 NEW YORK, NEW YORK 10007-1866 

 DIRECTOR 

CARIBBEAN ENVIRONMENTAL 

PROTECTION DIVISION 

U.S. ENVIRONMENTAL PROTECTION 

 AGENCY, REGION II 

EDIF CENTRO EUROPA APT 417 

1492 AVENIDA PONCE DE LEON 

SAN JUAN, PUERTO RICO 00907-4127 

 ENVIRONMENTAL QUALITY BOARD 

 OF PUERTO RICO 

P.O. BOX 11488 

SANTURCE, PUERTO RICO 00910 

 

3. Quality assurance practices. The permittee is required to show the validity of all data by 

requiring its laboratory to adhere to the following minimum quality assurance practices: 

a. Duplicate (1) and spiked (2) samples must be run for each constituent analyzed for permit 

compliance on 5% of the samples, or at least on one sample per month, whichever is 

greater. If the analysis frequency is less than one sample per month, duplicate and spiked 

samples must be run for each analysis. 

b. For spiked samples, a known amount of each constituent is to be added to the discharge 

sample. The amount of constituent added should be approximately the same amount 

present in the unspiked sample, or must be approximately that stated as maximum or 

average in the discharge permit. 
Part I 

Page 27 of 41 

Permit No. PR0000591 

c. The data obtained in a. shall be summarized in an annual report submitted at the end of 

the fourth quarter of reporting in terms of precision, percent recovery, and the number of 

duplicate and spiked samples run. 

 (1) Duplicate samples are not required for the following parameters: Color, 

Temperature, Turbidity. 

(2) Spiked samples are not required for the following parameters listed in Table 1 of 

40 CFR Part 136: Acidity, Alkalinity, Bacteriological, Benzidine, Chlorine, 

Color, Dissolved Oxygen, Hardness, pH, Oil and Grease, Radiological, Residues, 

Temperature, Turbidity. Procedures for spiking samples and spiked sample 

requirements for parameters not listed on the above-referenced table are available 

through EPA’s Regional Quality Assurance Coordinator. 

d. Precision for each parameter shall be calculated by the formula, standard deviation is 

s =: (∑d

2

/2K)1/2, where d is the difference between duplicate results, and k is the number 

of duplicate pairs used in the calculation. 

e. Percent recovery for each parameter shall be calculated by the formula R = 100 (F-I)/A, 

where F is the analytical result of the spiked sample, I is the result before spiking of the 

sample, and A is the amount of constituent added to the sample. 

f. The percent recovery, R, for each parameter in e. above shall be summarized yearly in 

terms of mean percent recovery and standard deviation from the mean. The formula, 

s = (∑(xi - x)2/(n - 1))1/2

, where "s" is constituent added to the sample. 

g. The permittee or his contract laboratory is required to annually analyze an external 

quality control reference sample for each pollutant. These are available through the 

Regional Quality Assurance Coordinator, Region II, U.S. Environmental Protection 

Agency, Edison Environmental Laboratory, Edison, New Jersey 08817. 

h. The permittee and/or his contract laboratory is required to maintain records of the 

specific analytical methods used, including options employed, if any, within a particular 

method, and of reagent standardization and equipment calibration operations. 

i. If a contract laboratory is utilized, the permittee shall submit the name and address of the 

laboratory and the parameters analyzed at the time it submits its discharge monitoring 

reports (see Section 2.b above). Any change in the contract laboratory being used or the 

parameters analyzed shall be reported prior to or together with the monitoring report 

covering the period during which the change was made. 
Part I 

Page 28 of 41 

Permit No. PR0000591 

4. Twenty-four hour reporting. 

The permittee must report violations of maximum daily discharge limitations in accordance with 

the reporting requirements set forth in Part II.B.12.f. (24 hour reporting followed by 5 day 

written submission). 

 Not Applicable. 

5. Additional reporting requirements. The permittee shall notify the Regional Administrator and 

State Director as soon as it knows or has reason to believe: 

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

routine or frequent basis, of any toxic pollutant which is not limited in the permit, if that 

discharge will exceed the highest (except as specified in part (4)) of the following 

"notification levels": 

(1) One hundred micrograms per liter (100 μg/l); 

(2) Two hundred micrograms per liter (200 μg/l) for acrolein and acrylonitrile; five 

hundred micrograms per liter (500 μg/l) for 2, 4-dinitrophenol and for 2-methyl-4, 

6-dinitrophenol; and one milligram per liter (1 mg/l) for antimony; 

(3) Five (5) times the maximum concentration value reported for that pollutant in the 

permit application; or 

(4) The notification levels, if any, established by the Director in the permit. 

b. 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 following "notification levels": 

(1) Five hundred micrograms per liter (500 μg/l); 

(2) One milligram per liter (1 mg/l) for antimony; 

(3) Ten (10) times the maximum concentration value reported for that pollutant in the 

permit application; or 

(4) The notification levels, if any, established by the Director in the permit. 
Part II 

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Permit No. PR0000591 

A. DEFINITIONS 

1. "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. 

 

2. "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. 

3. "Bypass" means the intentional diversion of wastes from any portion of a treatment facility. 

4. "Composite" means a combination of individual (or continuously taken) samples obtained at 

regular intervals over the entire discharge day. The volume of each sample shall be proportional 

to the discharge flow rate. For a continuous discharge, a minimum of 24 individual grab samples 

(at hourly intervals) shall be collected and combined to constitute a 24 hour composite sample. 

For intermittent discharges of more than four (4) hours duration, grab samples shall be taken at a 

minimum of 30 minute intervals. 

5. "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 discharge over the day. For pollutants with limitations expressed in other units 

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

the day. For purposes of sampling, "daily" means an operating day or 24 hour period. 

 

6. "Director" means the "Regional Administrator" or the "State Director", as the context requires, or 

an authorized representative. Until the State has an approved State program authorized by EPA 

under 40 C.F.R. Part 123, "Director" means the Regional Administrator. When there is an 

approved State program, "Director" normally means the State Director. Even in such 

circumstances, EPA may retain authority to take certain action (see, for example, 40 C.F.R. 

123.1(d), 45 Federal Register 14178, April 1, 1983, on the retention of jurisdiction over permits 

EPA issued before program approval). If any condition of this permit requires the reporting of 

information or other actions to both the Regional Administrator and the State Director, regardless 

of who has permit issuing authority, the terms "Regional Administrator" and "State Director" 

will be used in place of "Director". 

7. "Discharge Monitoring Report" or "DMR" means the EPA uniform national form, including any 

subsequent additions, revisions, or modifications, for the reporting of self monitoring results by 

permittees. 

8. "Grab" means an individual sample collected in less than 15 minutes. 
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Permit No. PR0000591 

9. "Gross" means the weight or the concentration contained in the discharge. (Unless a limitation is 

specified as a net limitation, the limitation contained in this permit is a gross limitation). 

10. "Maximum daily discharge limitation" means the highest allowable "daily discharge". 

11. "Monthly" means one day each month (the same day each month) and a normal operating day 

(e.g., the 2nd Tuesday of each month). 

12. "Net" means the amount of a pollutant contained in the discharge measured in appropriate units 

as specified herein, less the amount of a pollutant contained in the surface water body intake 

source, measured in the same units, over the same period of time, provided: 

a. The intake water source must be drawn for the same body of water into which the 

discharge is made; and 

b. In cases where the surface water body intake source is pretreated for the removal of 

pollutants, the intake level of a pollutant to be used in calculating the net is that level 

contained after the pretreatment steps. 

13. "Regional Administrator" means the Regional Administrator of Region II of EPA or the 

authorized representative of the Regional Administrator.

14. "Severe property damage" means that substantial physical 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. 

15. "State Director" means the chief administrative officer of the State water pollution control 

agency, or the authorized representative of the State Director. 

16. "Toxic pollutant" means any of the pollutants listed in 40 CFR 401.15 (45 F.R. 44503, July 30, 

1979) and any modification to that list in accordance with Section 307 (a)(1) of the Clean Water 

Act. 

17. "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. 

18. "Weekly" means every seventh day (the same day of each week) and a normal operating day. 
Part II 

Page 31 of 41 

Permit No. PR0000591 

B. GENERAL CONDITIONS 

 

1. Duty to Comply. 

 

a. The permittee must comply with all conditions of this permit. Any permit 

noncompliance constitutes a violation of the Clean Water Act and is grounds for 

enforcement action; for permit termination, revocation and reissuance, or modification; or 

for denial of a permit renewal application. 

b. 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. 

c. The Clean Water Act provides that any person who violates a permit condition 

implementing Sections 301, 302, 306, 307, 308, 318, or 405, of the Clean Water Act is 

subject to a civil penalty not to exceed $25,000 per day for each violation. Any person 

who negligently violates permit conditions implementing Section 301, 302, 306, 307, 

308, 318 or 405 of the Clean Water Act is subject to a fine not less than $2,500 nor more 

than $25,000 per day of violation, or by imprisonment for not more than 1 year, or both. 

Any person who knowingly violates permit conditions implementing section 301, 302, 

306, 307, 308, 318 or 405 of the Clean Water Act is subject to a fine not less than $5,000 

nor more than $50,000 per day of violation, or by imprisonment for not more than 3 

years, or both. 

2. Duty to Reapply. This permit and the authorization to discharge shall terminate on the expiration 

date indicated on the first page. In order to receive authorization to discharge after the expiration 

date of this permit, the permittee must apply for and obtain a new permit. If the permit issuing 

authority remains EPA, the permittee shall complete, sign, and submit an application to the 

Regional Administrator no later than 180 days before the expiration date. 

3. Need to Halt or Reduce not a Defense. It shall not be a defense for a permittee in an 

enforcement action that it would have been necessary to halt or reduce the permitted activity in 

order to maintain compliance with the conditions of this permit. 

4. Duty to Mitigate. The permittee shall take all reasonable steps to minimize or prevent any 

discharge in violation of this permit which has a reasonable likelihood of adversely affecting 

human health or the environment. 

 

5. Proper operation and maintenance. The permittee shall at all times properly operate and 

maintain all facilities and systems of treatment and control (and related appurtenances) which are 

installed or used by the permittee to achieve compliance with the conditions of this permit. 

Proper operation and maintenance also includes adequate laboratory controls and appropriate 

quality assurance procedures. This provision requires the operation of back up or auxiliary 
Part II 

Page 32 of 41 

Permit No. PR0000591 

facilities or similar systems, installed by the permittee, when the operation is necessary to 

achieve compliance with the conditions of the permit. 

 

6. Permit actions. 

 

a. This permit may be modified, revoked and reissued, or terminated during its term for 

cause. The filing of a request by the permittee for a permit modification, revocation and 

reissuance, or termination, or a notification of planned changes or anticipated 

noncompliance, does not stay any permit condition. 

b. Causes for modification, revocation and reissuance, and termination are set forth in 40 

C.F.R. 122.62 and 122.64. 

(1) Specified causes for modification, revocation and reissuance, and termination 

include: 

 (a) Noncompliance by the permittee with any condition of the permit; 

(b) The permittee's failure in the application or during the permit issuance 

process to disclose fully all relevant facts, or the permittee's 

misrepresentation of any relevant facts at any time; 

(c) A determination that the permitted discharge endangers human health or 

the environment and can only be regulated to acceptable levels by permit 

modification or termination; or 

 

(d) There is a change in any condition that requires either a temporary or a 

permanent reduction or elimination of any discharge controlled by the 

permit. 

(2) Specified causes for modification and, upon request or agreement of the 

permittee, revocation and reissuance of the permit include material and substantial 

alterations or additions to the permittee's operation which occurred after permit 

issuance and which justify the application of permit conditions that are different 

or absent from this permit, (e.g., production changes, relocation or combination of 

discharge points, changes in the nature or mix of products produced) provided the 

reconstruction activities do not cause the new source permit issuance provisions 

of 40 C.F.R. 122.29 to be applicable. 

c. With the exception of permit modifications which satisfy the criteria in 40 C.F.R. 122.63 

for "minor modifications," the applicable procedures required by 40 C.F.R. Part 124, 

including notice and opportunity for a hearing, shall be followed before this permit is 

modified, revoked and reissued, or terminated. 
Part II 

Page 33 of 41 

Permit No. PR0000591 

7. Property rights. The issuance of this permit does not convey any property rights of any sort or 

any exclusive privileges, nor does it authorize any injury to persons or property or invasion of 

other private rights, or any infringement of State or local laws or regulations. 

 

8. 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 this permit, or to determine compliance with 

this permit. The permittee shall also furnish to the Director, upon request, copies of records 

required to be kept by this permit. 

9. Inspection and Entry. The permittee shall allow the Regional Administrator, the head of the 

State water pollution control agency, or any other authorized representative(s), upon the 

presentation of credentials and other documents as may be required by law, to: 

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

conducted, or where records must be kept under the conditions of this permit; 

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

conditions of this permit; 

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

equipment), practices, or operations regulated or required under this permit; and 

d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or 

as otherwise authorized by the Clean Water Act, any substances or parameters at any 

location. 

10. Monitoring and records. 

 

a. Samples and measurements taken for the purpose of monitoring shall be representative of 

the monitored activity. 

b. The permittee shall retain records of all monitoring information, including all calibration 

and maintenance records and all original strip chart recordings for continuous monitoring 

instrumentation, copies of all reports required by this permit, for a period of at least 3 

years from the date of the sample, measurement report or application. This period may 

be extended by request of the Director at any time. 

c. Records of monitoring information shall include: 

(1) The date, exact place, and time of sampling or measurement; 

(2) The individual(s) who performed the sampling or measurements; 
Part II 

Page 34 of 41 

Permit No. PR0000591 

(3) The date(s) analyses were performed; 

 

(4) The individual(s) who performed the analyses; 

 

(5) The analytical techniques or methods used; 

 

(6) The quality assurance information specified in Part I of this permit; and 

 

(7) The results of such analyses. 

d. Monitoring shall be conducted according to test procedures approved under 40 C.F.R. 

Part 136. 

e. The Clean Water Act provides that any person who knowingly falsifies, tampers with, or 

renders inaccurate any monitoring device or method required to be maintained under this 

permit shall, upon conviction, be punished by a fine of not more than $10,000, or by 

imprisonment for not more than 2 years, or by both. 

11. Signatory requirements. 

a. All permit applications shall be signed as follows 

 (1) For a corporation, by a responsible corporate officer; or 

(2) For a partnership or sole proprietorship, by a general partner or the proprietor, 

respectively; or 

(3) For a municipality, State, Federal or other public agency, by either a principal 

executive officer or ranking elected official. 

 

b. All reports required by this permit, and other information requested by the Regional 

Administrator or State Director pursuant to the terms of this permit, including DMRs and 

reports of noncompliance, shall be signed as follows: 

(1) By a person described in subsection a. or by a duly authorized representative of 

that person. 

 

(2) A person is a duly authorized representative only if: 

(a) The authorization is made in writing by a person described on subsection 

a.; 

(b) The authorization specifies either an individual or a position having 

responsibility for the overall operation of the regulated facility or activity 

such as the position of plant manager, operator of a well or a well field, 
Part II 

Page 35 of 41 

Permit No. PR0000591 

superintendent, position of equivalent responsibility, or an individual or 

position having overall responsibility for environmental matters for the 

company. 

 

(c) The written authorization is submitted to the Regional Administrator, U.S. 

Environmental Protection Agency, Region II, 290 Broadway, New York, 

New York, 10007-1866, Attention: Compliance Assistance Program 

Support Branch, and to the State Director. 

(3) If a written authorization submitted pursuant to subsection b. is no longer accurate 

because a different individual or position has responsibility for the overall 

operation of the facility, a new authorization satisfying the requirements of 

paragraph b. must be submitted to the Regional Administrator and State Director 

prior to or together with any reports or information to be signed by an authorized 

representative. 

c. Certification. Any person signing a document under subsection a. or b. shall make the 

following certification: 

"I certify under penalty of law that this document and all attachments were 

prepared under the direction or supervision in accordance with a system designed 

to assure that qualified personnel properly gather and evaluate the information 

submitted. Based on my inquiry of the person or persons who manage the 

system, or those persons directly responsible for gathering the information, the 

information submitted is, to the best of my knowledge and belief, true, accurate 

and complete. I am aware that there are significant penalties for submitting false 

information, including the possibility of fine and imprisonment for knowing 

violations." 

 

d. The Clean Water Act provides that any person who knowingly makes any false material 

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 $10,000, or by imprisonment for not more than 2 years, or by both. 

12. Reporting Requirements. 

 

a. Planned changes. The permittee shall give notice to the Regional Administrator and State 

Director as soon as possible of any planned physical alterations or additions to the 

permitted facility. Notice is required only when: 

(1) The alteration or addition to a permitted facility may meet one of the criteria for 

determining whether a facility is a "new source" in 40 C.F.R 122.29(b); 
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Permit No. PR0000591 

(2) The alteration or addition could significantly change the nature or increase the 

quantity of pollutants discharged. This notification requirement applies to 

pollutants which are subject neither to effluent limitations in the permit, nor to 

notification requirements under Part I.B.5, above; or 

(3) The alteration or addition results in a significant change in the permittee's sludge 

use or disposal practices, and such alteration, addition, or change may justify the 

application of permit conditions that are different from or absent in the existing 

permit, including notification of additional use or disposal sites not reported 

during the permit application process or not reported pursuant to an approved land 

application plan. 

b. Anticipated noncompliance. The permittee shall give advance notice to the Regional 

Administrator and State Director of any planned changes in the permitted facility or 

activity which may result in noncompliance with permit requirements as soon as it 

becomes aware of the circumstances. 

c. Transfers. 

(1) This permit is not transferable to any person except after notice to the Regional 

Administrator and State Director. Except as provided in paragraph (2), a permit 

may be transferred by the existing permittee to a new owner or operator only if 

the permit has been modified or revoked and reissued, or a minor modification 

made, to identify the new permittee and incorporate such other requirements as 

may be necessary under the Clean Water Act. 

(2) This permit may be automatically transferred to a new permittee if: 

a) The existing permittee notifies the Regional Administrator and State 

Director at least 30 days in advance of the proposed transfer date in 

subparagraph (b); 

(b) The notice includes a written agreement between the existing and new 

permittees containing a specific date for transfer of permit responsibility, 

coverage, and liability between them; and 

 

(c) The Director does not notify the existing permittee and the proposed new 

permittee of his or her intent to modify or revoke and reissue the permit. 

(A modification under this subparagraph may also be a minor modification 

under 40 C.F.R. 122.63.) If this notice is not received, the transfer is 

effective on the date specified in the agreement mentioned in 

subparagraph (b). 
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Permit No. PR0000591 

(3) If this permit is automatically transferred in accordance with the provisions of 

paragraph (2), the permit may be modified to reflect the automatic transfer after 

its effective date. 

 

d. Monitoring reports. 

 

(1) Monitoring results shall be reported at the intervals specified in Part I of this 

permit. 

 

(2) Monitoring results shall be reported on a Discharge Monitoring Report (DMR). 

(3) If the permittee monitors any pollutant more frequently than required by the 

permit, using test procedures approved under 40 C.F.R. 136 or as specified in the 

permit, the results of this monitoring shall be included in the calculation and 

reporting of the data submitted in the DMR. 

(4) Calculations for all limitations which require averaging of measurements shall 

utilize an arithmetic mean unless otherwise specified in the permit. 

e. Compliance Schedules. Reports of compliance or noncompliance with, or any progress 

reports on, interim and final requirements contained in any compliance schedule of this 

permit shall be submitted no later than 14 days following each schedule date. 

f. Twenty four hour reporting. 

(1) The following information shall be reported orally to the Regional Administrator 

at (732) 548 8730 and State Director within 24 hours from the time the permittee 

becomes aware of the circumstances: 

(a) Any noncompliance which may endanger health or the environment; 

(b) Any unanticipated bypass (see 13 below) which violates any effluent 

limitation in the permit; 

(c) Any upset (see 14 below) which violates any effluent limitation in the 

permit; or 

 

(d) The violation of a maximum daily discharge limitation for any of the 

pollutants listed in Part I of this permit is required to be reported within 24 

hours. This list includes any toxic pollutant or hazardous substance, or any 

pollutant specifically identified as the method to control a toxic pollutant 

or hazardous substance. 

 

(2) In addition to the oral 24 hour report, the permittee shall also provide a written 

submission to the Regional Administrator and State Director within five days of 
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Permit No. PR0000591 

the time the permittee becomes aware of the circumstances. The written 

submission shall contain a description of the noncompliance and its cause; the 

period of noncompliance, including exact dates and times, and if the 

noncompliance has not been corrected, the anticipated time it is expected to 

continue; and steps taken or planned to reduce, eliminate, and prevent recurrence 

of the noncompliance. 

(3) Except with respect to written reports required under paragraph (1)(a) of 

subsection f., above, the Director may waive the written report on a case by case 

basis if the oral report has been received within twenty four hours. 

 

g. Other noncompliance. The permittee shall report to the Regional Administrator and State 

Director all instances of noncompliance not reported under subsections d, e, and f at the 

time the monitoring report covering the period of noncompliance is submitted. The 

reports shall contain the information listed in paragraph (2) of subsection f., above. 

h. Other information. Where the permittee becomes aware that it failed to submit any 

relevant facts in a permit application, or submitted incorrect information in a permit 

application or in any report to the Regional Administrator and State Director, it shall 

promptly submit such facts or information to the Regional Administrator and State 

Director. 

 

13. Bypassing 

 

a. Bypass not violating limitations. The permittee may allow any bypass to occur which 

does not cause effluent limitations to be violated, but only if it also is for essential 

maintenance to assure efficient operation. These bypasses are not subject to the 

provisions of subsections b. and c. 

b. Notice. 

(1) Anticipated bypass. If the permittee knows in advance of the need for a bypass, it 

shall submit prior notice, if possible at least ten days before the date of the bypass. 

 

(2) Unanticipated bypass. The permittee shall submit notice of an unanticipated 

bypass as required in subsection f. of section 12 above. 

c. Prohibition of bypass. 

 

(1) Bypass is prohibited, and the Director may take enforcement action against a 

permittee for bypass, unless: 

(a) Bypass was unavoidable to prevent loss of life, personal injury, or severe 

property damage; 
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Permit No. PR0000591 

(b) There were no feasible alternatives to the bypass, such as the use of 

auxiliary treatment facilities, retention of unheated wastes, or maintenance 

during normal periods of equipment downtime. This condition is not 

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

exercise of reasonable engineering judgement to prevent a bypass which 

occurred during normal periods of equipment downtime or maintenance; 

and 

(c) The permittee submitted notices as required under subsection b. 

 

(2) The Director may approve an anticipated bypass, after considering its adverse 

effects, if the Director determines that it will meet the three conditions listed 

above in paragraph (1). 

 

14. Upset. 

 

a. Effect of an upset. An upset constitutes an affirmative defense to an action brought for 

noncompliance with technology-based permit effluent limitations if the requirements of 

subsection b. are met. No determination made during administrative review of claims 

that noncompliance was caused by upset, and before an action for noncompliance, is final 

administrative action subject to judicial review. 

b. Conditions necessary for a demonstration of upset. A permittee who wishes to establish 

the affirmative defense of upset shall demonstrate, through properly signed, 

contemporaneous operating logs, or other relevant evidence that: 

 

(1) An upset occurred and that the permittee can identify the cause(s) of the upset; 

(2) The permitted facility was at the time being properly operated; 

 

(3) The permittee submitted notice of the upset as required in subsection f. of section 

12 above; and 

 

(4) The permittee complied with any remedial measures required under section 4 

above (duty to mitigate). 

c. Burden of proof. In any enforcement proceeding the permittee seeking to establish the 

occurrence of an upset has the burden of proof. 

15. Removed substances. Solids, sludges, filter backwash or other pollutants removed in the course 

of treatment or control of wastewaters and/or the treatment of intake waters shall be disposed of 

in a manner such as to prevent any pollutant from such materials from entering navigable waters. 

The following data shall be reported together with the monitoring data required in Part I, B.2.: 

a. The sources of the materials to be disposed of; 
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Permit No. PR0000591 

 

b. The approximate volumes and weights; 

c. The method by which they were removed and transported; and 

d. Their final disposal locations. 

16. Oil and hazardous substance liability. The imposition of responsibilities upon, or the institution 

of any legal action against the permittee under Section 311 of the Act shall be in conformance 

with regulations promulgated pursuant to Section 311 to discharges from facilities with NPDES 

permits. 

17. Reopener clause for toxic effluent limitations. Notwithstanding any other condition of this 

permit, if any applicable toxic effluent standard or prohibition is promulgated under Section 

301(b)(2)(C) and (D), 304(b)(2) and 307(a)(2) of the Clean Water Act and that effluent standard 

or limitation is more stringent than any effluent limitation in the permit or controls a pollutant 

not limited in the permit, this permit shall be promptly modified or revoked and reissued to 

conform to that effluent standard or prohibition. 

18. State laws. 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 Act. The issuance of this permit does not preempt any duty to obtain State or local assent 

required by law for the discharge. 

19. Availability of information. 

a. NPDES permits, effluent data, and information required by NPDES application forms 

provided by the Director under 40 C.F.R. 122.21 (including information submitted on the 

forms themselves and any attachments used to supply information required by the forms) 

shall be available for public inspection at the offices of the Regional Administrator and 

State Director. 

b. In addition to the information set forth in subsection a., any other information submitted 

to EPA in accordance with the conditions of this permit shall be made available to the 

public without further notice unless a claim of business confidentiality is asserted at the 

time of submission in accordance with the procedures in 40 C.F.R. Part 2 (Public 

Information). 

c. If a claim of confidentiality is made for information other than that enumerated in 

subsection a., that information shall be treated in accordance with the procedures in 40 

C.F.R. Part 2. Only information determined to be confidential under those procedures 

shall not be made available by EPA for public inspection. 
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Permit No. PR0000591 

20. 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. 

C. EFFECTIVENESS OF PERMIT 

 

1. This permit shall become effective in its entirety on the date indicated on the first page of this 

permit unless a petition has been filed with the Environmental Appeals Board to review any 

condition of the permit decision pursuant to the provisions of 40 CFR Part 124.19. All contested 

conditions and any uncontested condition(s) that are inseverable from the contested conditions 

shall be stayed. All other conditions shall become effective thirty (30) days after the date of the 

notification specified in 40 CFR 124.16(a)(2)(ii). 

2. For purposes of judicial review under Section 509(b) of the Clean Water Act, final agency action 

on a permit does not occur unless and until a party has exhausted its administrative remedies 

under 40 CFR 124. Any party which neglects or fails to seek review under 40 CFR 124.19, 

thereby waives its opportunity to exhaust available agency administrative remedies.