STATE OF MAINE 

DEPARTMENT OF ENVIRONMENTAL PROTECTION 

PAUL R. LEPAGE PATRICIA W. AHO 

GOVERNOR COMMISSIONER 

October 21, 2013 

Mr. Richard Bronson, Town Manager 

Town of Baileyville 

P.O. Box 40 

Baileyville, ME 04694 

towumanagerAbaileyville.org 

Transmitted via electronic mail 

Delivery confirmation requested 

RE: Maine Pollutant Discharge Elimination System (MEPDES) Permit #ME0101320 

Maine Waste Discharge License (WDL) Application 11W002649-6C-1-R 

Final Permit 

Dear Mr. Bronson, 

Enclosed please find a copy of your final MEPDES permit and Maine WDL renewal which was 

approved by the Department of Environmental Protection. Please read this permit/license 

renewal and its attached conditions carefully. You must follow the conditions in the order to 

satisfy the requirements of law. Any discharge not receiving adequate treatment is in violation 

of State Law and is subject to enforcement action. 

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

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

FACT SHEET entitled "Appealing a Commissioner's Licensing Decision." 

If you have any questions regarding the matter, please feel free to call me at 215-1579. 

Sincerely, 

Yvette M. Meunier 

Division of Water Quality Management 

Bureau of Land and Water Quality 

Enc. 

cc: Matt Young, DEP/EMRO 

Sandy Mojica, USEPA 
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SIVE OF MP 

STATE OF MAINE 

DEPARTMENT OF ENVIRONMENTAL PROTECTION 

17 STATE HOUSE STATION AUGUSTA, MAINE 04333-0017 

DEPARTMENT ORDER 

IN THE MATTER OF 

TOWN OF BAILEYVILLE ) MAINE POLLUTANT DISCHARGE 

PUBLICLY OWNED TREATMENT WORKS ) ELIMINATION SYSTEM PERMIT 

BAILEYVILLE, WASHINGTON COUNTY, ME ) AND 

#ME0101320 ) WASTE DISCHARGE LICENSE 

#W002649-6C-I-R APPROVAL RENEWAL 

Pursuant to the provisions of the Federal Water Pollution Control Act, Title 33 USC, §1251, 

Conditions of licenses, 38 M.R.S.A. § 414-A, and applicable regulations, the Department of 

Environmental Protection (Department) has considered the application of the TOWN OF 

BAILEYVILLE (TOWN/permittee), with its supportive data, agency review comments, and 

other related materials on file and FINDS THE FOLLOWING FACTS: 

APPLICATION SUMMARY 

The Town submitted a timely and complete application to the Department for renewal of Waste 

Discharge License (WDL) #W002649-5L-G-R / Maine Pollutant Discharge Elimination System 

(MEPDES) permit #ME0101320, which was issued on October 24, 2008, and is scheduled to 

expire on October 24, 2013. The 10/24/08 MEPDES permit authorized the Town to discharge a 

monthly average flow of 0.600 million gallons per day (MGD) of secondary treated municipal 

wastewater from a publicly owned treatment works to the St. Croix River, Class C, in 

Baileyville, Maine. 

PERMIT SUMMARY 

This permitting action is carrying forward all the terms and conditions of the previous permitting 

actions except for the following changes. 

1. Revising the monitoring frequencies at Outfall #001A for biochemical oxygen demand 

(BOD5), total suspended solids (TSS), settleable solids, Escherichia coli, and total 

residual chlorine (TRC) based on a statistical analysis in accordance with the 

methodology established in the U.S. Environmental Protection Agency's "Interim 

Guidance for Performance Based Reductions ofNPDES Permit Monitoring 

Frequencies" (United States Environmental Protection Agency (USEPA) 1996); 

2. Incorporating the interim mercury limits established by the Department for this facility 

pursuant to Certain deposits and discharges prohibited, 38 M.R.S.A. § 420 and Waste 

discharge licenses, 38 M.R.S.A. § 413 and Interim Effluent Limitations and Controls for 

the Discharge of Mercury, 06-096 CMR 519 (last amended October 6, 2001); and 

3. Eliminating the waiver from the requirement to achieve 85 percent removal for BOD5 

and TSS. 
ME0101320 PERMIT Page 2 of 13 

W002649-6C-I-R 

CONCLUSIONS 

Based on the findings summarized in the attached Fact Sheet dated October 11, 2013, and subject to 

the Conditions listed below, the Department makes the following CONCLUSIONS: 

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

quality of any classified body of water below such classification. 

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

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

expects to adopt in accordance with state law. 

3. The provisions of the State's antidegradation policy, Classification of Maine waters, 38 

M.R.S.A.§ 464(4)(F), will be met, in that: 

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

maintain those existing uses will be maintained and protected; 

(b) Where high quality waters of the State constitute an outstanding natural resource, that 

water quality will be maintained arid protected; 

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

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

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

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

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

and protected; and 

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

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

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

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

practicable treatment as defined in 38 M.R.S.A. § 414-A(1)(D). 
ME0101320 PERMIT Page 3 of 13 

W002649-6C-1-R 

ACTION 

THEREFORE, the Department APPROVES the above noted application of the TOWN OF 

BAILEYVILLE to discharge a monthly average flow of 0.600 million gallons per day (MGD) of 

secondary treated municipal wastewater from a publicly owned treatment works to the St. Croix 

River, Class C, in Baileyville, Maine, SUBJECT TO THE ATTACHED CONDITIONS, and all 

applicable standards and regulations including: 

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

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

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

requirements. 

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

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

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

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

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

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

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

Administrative Matters, 06-096 CMR 2(21)(A) (effective August, 25, 2013)1 

PLEASE NOTE ATTACHED SHEET FOR GUIDANCE ON APPEAL PROCEDURES 

DONE AND DATED AT AUGUSTA, MAINE, THIS 1 t, DAY OF 2013., 

DEPARTMENT OF ENVIRONMENTAL PROTECTION 

BY: • Filed 

for PAtfRICIA W. HO, Commissioner 

A OCT 1 8 2013 

• State of Maine 

Board of Environmental Protection 

Date filed with Board of Environmental Protection 

Date of initial receipt of application: July 29, 2013 

Date of application acceptance: August 5, 2013 

This Order prepared by Yvette Meunier, BUREAU OF LAND & WATER QUALITY 
Effluent Characteristic Discharge Limitations Minimum Monitoring 

Requirements 

Monthly 

Average 

Weekly 

Average 

Daily 

Maximum 

Monthly 

Average 

Weekly 

Average 

Daily 

Maximum 

Measurement 

Frequency 

Sample 

Type 

Flow [moo] 

0.600 MGD 

[031 

Report 

(MGD) 

___ __ Continuous 

199/991 

Recorder 

[RC/ 

Biochemical Oxygen Demand 

(BOOS) 100310/ 

150 lbs/Day 

/26] 

225 lbs/Day 

[26] 

250 lbs/Day 

126/ 

30 mg/L 

[197 

45 mg/L 

1191 

50 mg/L 

1191 

2/Month 

102/361 

Composite 

1241 

BOD5Percent Removal 181010] 

[231 

___ 85 % 1 

--- --- 

— 

/Month 

101/301 

Calculate 

[CAI 

Total Suspended Solids 

(TSS) 7005301 

150 lbs/Day 

[267 

225 lbs/Day 

[261 

250 lbs/Day 

1261 

30 mg/L 

[197 

45 mg/L 

[197 

50 mg/L 

1191 

2/Month 

102/307 

Composite 

[241 

TSS Percent Removal [81011] 

85 % 

[237 

- 

---

___ 

--- 

1/Month 

101730] 

Calculate 

[CA1 

Settleable Solids _ 

/005457 

- --- 

0.3 mL/L 

[257 

4/Week 

104/071 

Grab 

MR/ 

E. coli Bacteria (2) 

mov 15- September 30} 6 b5331 

_ 

126/100 mL 

[131 

949/100 mL 

1'131 

2/Month 

102/301 

Grab 

101? 1 

Total Residual Chlorine °) 

1500601 

- 

___ ___ ___ ___ 1.0 mg/L 

[191 

4/Week 

104/071 

Grab 

ii;R I 

[004007 

._ 

pH (Standard Units)

"T6.0-9.0 

___ ___ ___ 

[127 

5/Week 

[05/071 

Grab 

[GR1 

Mercury (Total) (4) 

[719001 

16.6 ng/L 

13k11 

24.9 ng/L 

(3M1 

1/Year 

[01/YR1 

Grab 

fGRl 

The italicized numeric values bracketed in the table and in subsequent text are code numbers that Department personnel utilize to code the monthly Discharge Monitoring Reports. 

FOOTNOTES: See Pages 5 through 6 of this permit for applicable footnotes. 
ME0101320 PERMIT Page 5 of 13 

W002649-6C-I-R 

SPECIAL CONDITIONS 

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

Footnotes: 

1. Sampling Locations — The permittee shall conduct influent sampling for BOD5and TSS 

before the mechanical screening equipment and before grit removal. For the purposes of 

this permitting action, 130D5and TSS samples taken at this location will serve as the 

influent values for calculating percent removals for secondary treated wastewater. The 

permittee shall sample secondary treated wastewater (Outfall 4001) after the last 

treatment unit in the treatment process. Any change in sampling location must be 

reviewed and approved by the Department in writing. 

The permittee shall conduct sampling and analysis in accordance with; a) methods 

approved by 40 Code of Federal Regulations (CFR) Part 136, b) alternative methods 

approved by the Department in accordance with the procedures in 40 CFR Part 136, or e) 

as otherwise specified by the Department. Samples that are sent out for analysis must be 

analyzed by a laboratory certified by the State of Maine's Department of Health and 

Human Services for wastewater. Samples that are sent to a POTW licensed pursuant to 

Waste discharge licenses, 38 M.R.S.A. § 413 are subject to the provisions and 

restrictions of Maine Comprehensive and Limited Environmental Laboratory 

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

monitors any pollutant more frequently than required by the permit using test procedures 

approved under 40 CFR Part 136 or as specified in this permit, the results of this 

monitoring shall be included in the calculation and reporting of the data submitted in the 

Discharge Monitoring Report. 

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

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

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

the Department's current RLs. If a non-detect analytical test result is below the respective 

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

laboratory for each respective parameter. Reporting a value of <Y that is greater than an 

established RL or reporting an estimated value ("J" flagged) is not acceptable and will be 

rejected by the Department. Reporting analytical data and its use in calculations must 

follow established Department guidelines specified in this permit or in available 

Department guidance documents. 

2. Percent Removal - The treatment facility shall maintain a minimum of 85 percent 

removal of both total suspended solids and biochemical oxygen demand for all flows 

receiving secondary treatment. The percent removal shall be based on monthly average 

influent and effluent concentration values. 
ME0101320 PERMIT Page 6 of 13 

W002649-6C-I-R 

SPECIAL CONDITIONS 

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

3. E. coil bacteria - E. coil bacteria limits and monitoring requirements are seasonal and 

apply between May 15 and September 30 of each year. The Department reserves the 

right to require year-round bacteria limits to protect the health, safety and welfare of the 

public. The monthly average E. coil limitation is a geometric mean limitation and 

results must be calculated and reported as such. 

4. Total Residual Chlorine — Limitations and monitoring requirements are in effect any 

time elemental chlorine or chlorine-based compounds are utilized to disinfect the 

discharge(s). The permittee shall utilize a USEPA-approved test method capable of 

bracketing the TRC limitations specified in this permitting action. Monitoring for TRC 

is only required when elemental chlorine or chlorine-based compounds are in use for 

effluent disinfection. For instances when a facility has not disinfected with chlorinebased compounds for an entire reporting period, the facility shall report "NODI-9" for 

this parameter on the monthly DMR or "N9" if the submittal is an electronic DMR. 

5. Mercury — The permittee shalt conduct all mercury sampling required by this permit or 

required to determine compliance with interim limitations established pursuant to 06-

096 CMR 519 in accordance with the USEPA's "clean sampling techniques" found in 

USEPA Method 1669, Sampling Ambient Water For Trace Metals At EPA Water 

Quality Criteria Levels. All mercury analysis shall be conducted in accordance with 

USEPA Method 1631, Determination of Mercury in Water• by Oxidation, Purge and 

Trap, and Cold Vapor Fluorescence Spectrometry. See Attachment B for a Department 

report form for mercury test results. Compliance with the monthly average limitation 

established in Special Condition A of this permit will be based on the cumulative 

arithmetic mean of all mercury tests results that were conducted utilizing sampling 

Methods 1669 and analysis Method 1631E on file with the Department for this facility. 

B. NARRATIVE EFFLUENT LIMITATIONS 

1. The permittee shall not discharge effluent that contains a visible oil sheen, foam or 

floating solids at any time which would impair the usages designated for the 

classification of the receiving waters. 

2. The permittee shall not discharge effluent that contains materials in concentrations or 

combinations which are hazardous or toxic to aquatic life, or which would impair the 

usages designated for the classification of the receiving waters. 

3. The permittee shall not discharge effluent that causes visible discoloration or turbidity in 

the receiving waters or that impairs the usages designated for the classification of the 

receiving waters. 
ME0101320 PERMIT Page 7 of 13 

W002649-6C-1-R 

SPECIAL CONDITIONS 

B. NARRATIVE EFFLUENT LIMITATIONS (cont'd) 

4. The permittee shall not discharge effluent that lowers the quality of any classified body 

of water below such classification, or lowers the existing quality of any body of water if 

the existing quality is higher than the classification. 

C. DISINFECTION 

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

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

utilized, followed by a dechlorination system if the total residual chlorine (TRC) limit cannot 

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

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

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

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

Requirements." 

TREATMENT PLANT OPERATOR 

The treatment facility must be operated by a person holding a minimum of a Maine Grade II 

certificate (or Registered Maine Professional Engineer) pursuant to Sewerage Treatment 

Operators, 32 M.R.S.A. §§ 4171-4182 and Regulations for Wastewater Operator 

Certification, 06-096 CMR 531 (effective May 8, 2006). All proposed contracts for facility 

operation by any person must be approved by the Department before the permit-tee may 

engage the services of the contract operator. 

E. LIMITATIONS FOR INDUSTRIAL USERS 

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

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

The permit-tee shall conduct an Industrial Waste Survey (IWS) any time a new industrial user 

proposes to discharge within its jurisdiction; an existing user proposes to make a significant 

change in its discharge; or at an alternative minimum, once every permit cycle. The IWS 

must identify, in terms of character and volume of pollutants, any Significant Industrial Users 

discharging into the POTW subject to Pretreatment Standards under section 307(b) of the 

federal Clean Water Act, 40 CFR Part 403 (general pretreatment regulations) or 

Pretreatment Program, 06-096 CMR 528 (last amended March 17, 2008). 

F. AUTHORIZED DISCHARGES 

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

Application for Waste Discharge Permit, accepted for processing on July 29, 2013; 2) the 

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

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

reported in accordance with Standard Condition B(5), Bypasses, of this permit. 
ME0101320 PERMIT Page 8 of 13 

W002649-6C-I-R 

SPECIAL CONDITIONS 

G. NOTIFICATION REQUIREMENT 

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

following: 

I . Any introduction of pollutants into the wastewater collection and treatment system from 

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

and 

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

wastewater collection and treatment system by a source introducing pollutants to the 

system at the time of permit issuance. For the purposes of this section, notice regarding 

substantial change shall include information on: 

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

treatment system; and 

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

wastewater to be discharged from the treatment system. 

H. WET WEATHER FLOW MANAGEMENT PLAN 

The permittee shall maintain a Wet Weather Management Plan to direct the staff on how to 

operate the facility effectively during periods of high flow. The Department acknowledges 

that the existing collection system may deliver flows in excess of the monthly average design 

capacity of the treatment plant during periods of high infiltration and rainfall. A specific 

objective of the plan must be to maximize the volume of wastewater receiving secondary 

treatment under all operating conditions. The revised plan must include operating 

procedures for a range of intensities, address solids handling procedures (including septic 

waste and other high strength wastes if applicable) and provide written operating and 

maintenance procedures during the events. 

Once the Wet Weather Management Plan has been approved, the permittee shall 

review their plan at least annually and record any necessary changes to keep the plan 

up to date. The Department may require review and update of the plan as it is determined to 

be necessary. 
ME0101320 PERMIT Page 9 of 13 

W002649-6C-I-R 

SPECIAL CONDITIONS 

I. OPERATION & MAINTENANCE (O&M) PLAN 

The permittee shall maintain a current written comprehensive Operation & Maintenance 

(O&M) Plan for the facility. The plan must provide a systematic approach by which the 

permittee shall at all times, properly operate and maintain all facilities and systems of 

treatment and control (and related appurtenances) which are installed or used by the 

permittee to achieve compliance with the conditions of this permit. 

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

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

plan(s) and sehematic(s) for the wastewater treatment facility to ensure that it is up-to-date. 

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

USEPA personnel upon request. 

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

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

inspector for review and comment. 

J. DISPOSAL OF TRANSPORTED WASTES IN WASTEWATER TREATMENT 

FACILITY 

Pursuant to this permit and Standards for the Addition of Transported Wastes to Waste Water 

Treatment Facilities, 06-096 CMR 555 (last amended February 5, 2009), during the effective 

period of this permit, the permittee shall receive up to 8,000 gallons of septage into its 

septage holding facilities and up to a daily maximum of 1,500 GPD of septage wastes into its 

treatment process. 

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

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

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

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

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

the treatment facility or receiving water have been added. 

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

information and management plans provided in application materials submitted to the 

Department. 
ME0101320 PERMIT Page 10 of 13 

W002649-6C-I-R 

SPECIAL CONDITIONS 

J. DISPOSAL OF TRANSPORTED WASTES IN WASTEWATER TREATMENT 

FACILITY (cont'd) 

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

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

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

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

flammable or corrosive materials in concentrations harmful to the treatment operation must 

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

adverse impacts to the surrounding community. If any adverse effects exist, the receipt or 

introduction of transported wastes into the treatment process or solids handling stream shall 

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

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

which shall include at a minimum the following. 

(a) The date; 

(b) The volume of transported wastes received; 

(c) The source of the transported wastes; 

(d) The person transporting the transported wastes; 

(e) The results of inspections or testing conducted; 

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

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

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

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

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

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

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

or terminated in order to eliminate the overload condition. 

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

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

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

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

solids handling facilities only in accordance with a current high flow management plan 

approved by the Department that provides for full treatment of transported wastes 

without adverse impacts. 

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

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

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

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

facility's operation. 
ME0101320 PERMIT Page 11 of 13 

W002649-6C-l-R 

SPECIAL CONDITIONS 

J. bISPOSAL OF TRANSPORTED WASTES IN WASTEWATER TREATMENT 

FACILITY (cont'd) 

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

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

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

10. The authorization in the Special Condition is subject to annual review and, with notice to 

the permittee and other interested parties of record, may be suspended or reduced by the 

Department as necessary to ensure full compliance with 06-096 CMR 555 and the terms 

and conditions of this permit. 

K. 06-096 CMR 530(2)(D)(4) STATEMENT FOR REDUCED/WAIVED TOXICS 

TESTING 

By December 31 of each calendar year, the permittee shall provide the Department with a 

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

this permit [ICIS Code 753051. See Attachment D of the Fact Sheet for an acceptable 

certification form to satisfy this Special Condition. 

(a) Changes in the number or types of non-domestic wastes contributed directly or indirectly to the 

wastewater treatment works that may increase the toxicity of the discharge; 

(b) Changes in the operation of the treatment works that may increase the toxicity of the 

discharge; 

(c) Changes in industrial manufacturing processes contributing wastewater to the treatment 

works that may increase the toxicity of the discharge; 

In addition, in the comments section of the certification form, the permittee shall provide the 

Department with statements describing; 

(d) Changes in stormwater collection or inflow/infiltration affecting the facility that may 

increase the toxicity of the discharge; and 

(e) Increases in the type or volume of transported (hauled) wastes accepted by the facility. 

The Department may require that annual testing be re-instated if it determines that there have 

been changes in the character of the discharge or if annual certifications described above are 

not submitted. 
ME0101320 PERMIT Page 12 of 13 

W002649-6C-I-R 

SPECIAL CONDITIONS 

L. MONITORING AND REPORTING 

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

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

Department and postmarked on or before the thirteenth (13th) day of the month or handdelivered to the Department's Regional Office such that the DMR's are received by the 

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

reporting period. A signed copy of the DMR and all other reports required herein shall be 

submitted to the Department assigned inspector (unless otherwise specified by the 

Department) at the following address: 

Maine Department of Environmental Protection 

Eastern Maine Regional Office 

Division of Water Quality Management 

106 Hogan Road 

Bangor, Maine 04401 

Alternatively, if the permittee submits an electronic DMR (eDMR), the completed eDMR 

must be electronically submitted to the Department by a facility authorized DMR Signatory 

not later than close of business on the 15th day of the month following the completed 

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

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

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

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

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

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

M. REOPENING OF PERMIT FOR MODIFICATION 

In accordance with 38 M.R.S.A. § 414-A(5) and upon evaluation of the tests results or 

monitoring requirements specified in Special Conditions of this permitting action, new site 

specific information, or any other pertinent test results or information obtained during the 

term of this permit, the Department may, at any time and with notice to the permittee, modify 

this permit to: 1) include effluent limits necessary to control specific pollutants or whole 

effluent toxicity where there is a reasonable potential that the effluent may cause water 

quality criteria to be exceeded, (2) require additional monitoring if results on file are 

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

information. 
ME0101320 PERMIT Page 13 of 13 

W002649-6C-I-R 

SPECIAL CONDITIONS 

N. SEVERABILITY 

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

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

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

been omitted, unless otherwise ordered by the court. 
ATTACHMENT A 
Receiving 

Water or 

Ambient 

Effluent 

Concentration (us/L or 

as noted) 

p, 

Lab Contact Lab ID* 

ERROR WARNING I Essential facility FRESH WATER VERSION 

information is missing. Please check 

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

vag WHOLE EFFLUENT Tommy agi1109,4101,11y-zigarropr7opioiiqTeliir,,-4 I II, ',..,,,1 .1,1,40-li,6,,-. • kl.ki!PT4,,k.1 ,.'iiiiiinv.r.:Ti.pi. #, 4ititOlii 4'11 ,,k1;kik larvlorampantrisi','AFT11 'kg 1.5,rvii lalimlnrilICKliotlitill 

WET Result*% 

Do not enter % sign 

Ilildt.r 41iPt[11 

Reporting 

ilallabil4,1,1Fi, IF16,Q1A • 4012,jtitlF121.1jZuAlatligjia '1;:11,F11W,1)111P-V1110is 

Possible 

111,11W111,1?.!;$611r, -

Effluent Limits, % Exceedence (7) 

Acute Chronic Limit Check Acute Chronic 

Trout - Acute 

Trout - Chronic 

Water Flea -Acute 

Water Flea - Chronic 

VIEBIREPREi intqlginfiliValgS111 l 4 __)1: 481r, .6.„., 1 M WV - .......,:. IJ, IDTPk l okk•Irl 714l11159 irk r _ il 1 of c A11{01111,1'1', .11Il ill17"n"711'1111ITIr ; 1 : M1 4 kIlkiilkkl "' r rr'pli Ilk irlirjrifr"lifFil {.1 ilil.., l'.1,..kr? ,1.1,:li.l; T'"FIR'911971 ri;.<1 I Il, . kl lk ' iffrii",,I k!ii.kA frink iPAki ill "141; 1 11P7401a 11131I ikWET CHEMISTRY r I ' ' ' 

pH (S.U.) (9) (8) 

Total Organic Carbon (mg/L) (8) 

Total Solids (mg/I_) 

Total Suspended Solids (mg/L) 

Alkalinity (mg/L) (8) 

Specific Conductance (umhos) 

Total Hardness (mq/L) (8) 

Total Magnesium (mg/L) (8) 

Total Calcium (mg/L) 

Reporting Limit 

Elg111 .,..1,,,,,, 115Ft.,...t.,,,I

,,,R,,:.1,.,,f,il;;P,k,::. ,, ,_,,d,i,4,,-,..r IFgEriggOtT151351.,"111144111111J111 1gWRI1P 

Effluent 

,.r.o,,,,LJILL.11, , z,idarra-wid4E i

Limits, ug/L 

(8) 

j"IP) lijfPIF .:otir 1;1P4 ili,D.R t a..,,,JE.1aLr plio, 

Reporting 

Limit Check 

Tiliv"FgrIrlr"IFP1741977r1995' -...u.!ilil ,,i1.11aiholloIrrf41-, ILI , rli 1'41 : iurle P.p., .' 

Possible Exceedence 

REANALYTICAL , CHEMISTRY (3) 

Also do these tests on the effluent with 

WET. Testing on the receiving water Is 

optional Acute.) Chronic(6) Health(6') Acute Chronic Health 

TOTAL RESIDUAL CHLORINE (moiL) (9) 0.05 NA 

AMMONIA NA (8) 

M ALUMINUM NA '(8) 

M ARSENIC 5 N 

M CADMIUM 1 (8) 

M CHROMIUM 10 (8) 

M COPPER 3 (8) 

M CYANIDE 5 .(8) 

M 

M 

M 

LEAD .3 (8) 

NICKEL 5 (8) 

SILVER 1 (8) 

M ZINC - 

:5 (8) 

Revised July 2049 Pagel DEPLW 0740-B2007 
Revised July 2009 Page 2 

2e4-DIMETHYLPHENOL 

2.4-DINITROPHENOL 

A 5 

A 

A 

A 

45 

2-CHLOROPHENOL 5 

2-NITROPHENOL 5 

4,6 DINITRO-O-CRESOL (2-Methyl-4,6-

dinitrophenol) 25 

4-NITROPHENOL 20 

P-CHLORO-M-CRESOL (3-methy1-4-

chloroohenot)+880 5 

PENTACHLOROPHENOL 20 

A PHENOL 5 

BN 

EN 

EN 

BN 

EN 

EN 

EN 

BN 

SN 

EN 

EN 

BN 

BN .EN 

13N 

BN 

EN 

'BN 

BN 

SN 

BN 

SN 

BN 

BN 

EN 

BN 

SN 

EN 

SN 

BN 

BN 

EN 

1 .2.4-TRICHLOROBENZENE 5 

1,2-(0)DICHLOROBENZENE 5 

12-DIPHENYL1-1YDRAZINE 20 

1.3-(M)DICHLOROSENZENE 5 

1 ,4-(P)D1CHLOROBENZENE 5 

2,4-D1N1TROTOLUENE 6 

2,6-DINITROTOLUENE 5 

2-CHLORONAPFM-IALENE 5 

3,3'-D1CHLOROBENZIDINE 16.5 

3.4-I3ENZO(B)FLUORANTHENE 5 

4-BROMOPHENYLPHENYL ETHER 5 

4-CHLOROPHENYL PHENYL ETHER 

ACENAPI-ITHENE 5 

ACENAPHTHYLENE 5 

ANTHRACENE 5 

BENZIDINE 45 

BENZO(A)ANTHRACENE 8 

BENZO(A)PYRENE 5 

BENZO(G.H.1)PERYLENE 5 

BENZO(K)FLUORANTHENE 5 

BIS(2-CHLOROETHO)CY)METHANE 5 

E1S(2-CHLOROETHYL)ETHER 6 

BIS(2-CHLOROISOPROPYL)ETHER 6 

EIS(2-ETI-IY1.11EXYL)PHTHALATE 10 

BUTYLBENZYL PHTHALATE 5 

CHRYSENE 5 

DI-N-BUTYL PI-MIALATE 5 

DI-N-OCTYL PHTHALATE 5 

DIEENZO(A.H)ANTHRACENE 5 

DIETHYL PHTHALATE 5 

D1METHYL PHTHALATE 5 

FLUORANTHENE 5 

DEPLW 0740-132007 
SN PHENANTHRENE 5 

BN PYRENE 5 

P 4.4'-DDD 0.05 

A 4,4P-DDE 0.05 

P 4„4'-DDT 0.05 

P A-BHC 0.2 

P A-ENDOSULFAN 0.05 

P ALDRIN 0.15 

P B-BHC 0.05 

P B-ENDOSULFAN 0.05 

'1> CHLORDANE 0.1 

P D-81-IC 0.05 

P DIELDRIN 0.05 

P ENDOSULFAN SULFATE 0.1 

P ENDRIN 0.05 

P ENDRIN ALDEHYDE 0.05 

P G-BHC 0.15 

P HEPTACHLOR 0.15 

P HEPTACHLOR EPDXIDE 0.1 

P PCB-1016 03 

P PCB-1221 0.3 

P PCB-1232- 0.3 

P PCB-1242 0.3 

P PCB-1248 0.3 

P PCB-1254 0.3 

P PCB-1260 02 

P TOXAPHENE 1 

V 1.1.1-7RICHLOROETHANE 5 

V 1.1.22-TETRACHLQROETHANE 7 

V 1 .1 2-TRICHLOROETHANE 5 

V 1.1-DICHLOROETHANE 5 

V 

1,1-DICHLOROETHYLENE (1,1-

dichEoroethene) 3 

V 1.2-DICHLOROETHANE 3 

V 1.2-DI CHLOROPROPANE 5 

V 

1,2-TRANS-D1CHLOROETHYLENE (1,2-

trans-dichloroethene) 5 

V 

1,3-D1CHLOROPROPYLENE (1,3-

dichloropropene) 5 

V 2-CHLOROETHYLVINYL ETHER 20 

V ACROLE1N NA 

V ACRYLONITRILE NA 

V BENZENE 5 

Revised July 2009 Page 3 DEPLW 0740-62007 
V 

TETRACHLOROEIHYLENE 

(Perchloroethylene or Tetrachforoethene) 5 

V TOLUENE 5 

V 

TRICHLOROETHYLENE 

(Tnehloroethene 3 

V 1NYL cmLoRoe s 

Notes: 

(1) Flow average for day pertains to WET/PP composite sample day. 

(2) Flow average for month is for month in which WET/PP sample was taken. 

(3) Analytical chemistry parameters must be done as part of the WET test chemistry. 

(4) Priority Pollutants should be reported in micrograms per liter (ug/L). 

(5) Mercury is often reported in nanograms per liter (ng/L) by the contract laboratory, so be sure to convert to micrograms per liter on this spreadsheet. 

(6) Effluent Limits are calculated based on dilution factor, background allocation (10%) and water quality reserves (15% - to allow for new or 

changed discharges or non-point sources). 

(7) Possible Exceedence determinations are done for a single sample only on a mass basis using the actual pounds discharged. This 

analysis does not consider watershed wide allocations for fresh water discharges. 

(8) These tests are optional for the receiving water. However, where possible samples of the receiving water should be preserved and saved 

for the duration of the WET test. In the event of questions about the receiving water's possible effect on the WET results, chemistry tests 

should then be conducted_ 

(9) pH and Total Residual Chlorine must be conducted at the time of sample collection. Tests for Total Residual Chlorine need be 

conducted only when an effluent has been chlorinated or residual chlorine is believed to be present for any other reason. 

Comments: 

Revised July 2009 Page 4 DEPLW 0740-32007 
ATTACHMENT B 
Facility name: BAILEYVILLE 

Parameter: MERCURY Test date Result (ug/I) 

4/26/2013 FACILITY PRIORITY POLLUTANT DATA REPORT 

Data Date Range: 01/Apr/2008-26/Apr/2013 

Permit Number: ME0101320 

10/10/2008 0.001 N 

12/03/2008 0.003 

04/01/2009 0.003 

11/18/2009 0.002 

07/13/2010 0.001 

12/03/2010 0.000 

09/02/2011 0.001 

11/30/2011 0.001 

10/09/2012 0.006 

State of Maine Pepartin-eriCoffErivieonmental.Pratection 
MAINE POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT 

MAINE WASTE DISCHARGE LICENSE 

FACT SHEET 

DATE: October 11, 2013 

PERMIT NUMBER: #ME0101320 

WASTE DISCHARGE LICENSE: #W002649-6C-I-R 

NAME AND ADDRESS OF APPLICANT: 

TOWN OF BAILEYVILLE 

PUBLICLY OWNED TREATMENT WORKS 

27 BROADWAY STREET 

BAILEYVILLE, MAINE 04694 

COUNTY: WASHINGTON 

NAME AND ADDRESS WHERE DISCHARGE(S) OCCUR(S): 

22 ELM STREET 

BAILEYVILLE, MAINE 04694 

RECEIVING WATER CLASSIFICATION: ST. CROIX RIVER, CLASS C 

COGNIZANT OFFICIAL CONTACT INFORMATION: MR. RICHARD BRONSON 

TOWN MANAGER 

(207) 427-6208 

EMAIL: townmanager@baileyville.org 

. APPLICATION SUMMARY 

Application — The Town of Baileyville (Town) submitted a timely and complete application 

to the Department for renewal of Waste Discharge License (WDL)I4W002649-5L-F-R / 

Maine Pollutant Discharge Elimination System (MEPDES) permit #ME0101320, which was 

issued on October 24, 2008, and is scheduled to expire on October 24, 2013. The 10/24/08 

MEPDES permit authorized the Town to discharge a monthly average flow of 0.600 million 

gallons per day (MGD) of secondary treated municipal wastewater from a publicly owned 

treatment works to the St. Croix River, Class C, in Baileyville, Maine. 
ME0101320 FACT SHEET Page 2 of 16 

W002649-6C-1-R 

2. PERMIT SUMMARY 

a. Terms and Conditions: This permitting action is carrying forward all the terms and 

conditions of the previous permitting actions except for the following changes. 

1. Revising the monitoring frequencies at Outfall #001A for biochemical oxygen demand 

(BOD5), total suspended solids (TSS), settleable solids, Escherichia coli, and total residual 

chlorine (TRC) based on a statistical analysis in accordance with the methodology 

established in the U.S. Environmental Protection Agency's "Interim Guidance for 

Performance Based Reductions of NPDES Permit Monitoring Frequencies" (USEPA 

1996); 

2. Incorporating the interim mercury limits established by the Department for this facility 

pursuant to Certain deposits and discharges prohibited, 38 M.R.S.A. § 420 and Waste 

discharge licenses, 38 M.R.S.A. § 413 and Interim Effluent Limitations and Controls for 

the Discharge of Merculy, 06-096 CMR 519 (last amended October 6, 2001); and 

3. Eliminating the waiver from the requirement to achieve 85 percent removal of GODSand 

TSS. 

b. History: The most recent regulatory actions include the following: 

October 9, 1997 — The U.S. Environmental Protection Agency (USEPA) issued NPDES 

permit #ME0101320 in lieu of Department WDL #W002649-6C-R issued on June 17, 

1997. 

June 27, 2000 — The Department issued a modification of the 10/09/97 WDL by 

establishing interim average and maximum concentration limits for mercury. 

January 12, 2001 — The Department received authorization from the USEPA to 

administer the NPDES permitting program in Maine, excluding areas of special interest 

to Maine Indian Tribes. From this point forward, the program has been referred to as the 

Maine Pollutant Discharge Elimination System (MEPDES) program, and MEPDES 

permit #ME0101320 has been utilized for this facility. On March 26, 2011, the USEPA 

authorized the Department to administer the MEPDES program in Indian territories of 

the Penobscot Nation and Passamaquoddy Tribe. 

January 31, 2001 — The Department issued WDL modification #W002649-5L-D-M, 

increasing the monthly flow average from 0.30 MGD to 0.60 MGD and the 

corresponding biochemical oxygen demand (BOD5) and total suspended solids (TSS) 

mass limits due to the installation of 2.5 miles of additional collection system 

infrastructure and various upgrades of plant equipment at the wastewater treatment 

facility. 
ME0101320 FACT SHEET Page 3 of 16 

W002649-6C-I-R 

2. PERMIT SUMMARY (cont'd) 

April 10, 2006 — The Department issued a modification of the 10/03/01 permit for testing 

requirements for the Surface Water Toxics Control Program. 

October 24, 2008 — The Department issued combination MEPDES permit 

#ME0101320/WDL#W002649-5L-G-R for a five-year term. The October 24, 2008 

permit superseded previous WDLs issued on October 3, 2001 and June 17, 1997. 

July 29, 2013 — The Town submitted a timely and complete General Application to the 

Department for renewal of the October 24, 2008 MEPDES permit. The application was 

accepted for processing on July 29, 2013, and was assigned WDL #W002649-6C-I-R / 

MEPDES IiME0101320. 

c. Source Description — The wastewater treatment facility receives sanitary wastewater 

from approximately 700 residential and commercial entities within the Town of 

Baileyville. See Attachment A of this Fact Sheet for a location map. The collection 

system is a separated system approximately 20 miles in length with six pump stations and 

no combined sewer overflows. The pump stations are equipped with electrical hook-ups 

such that back-up power can be provided by a portable generator. There are no 

significant industrial sources contributing wastewater to the treatment facility. The 

facility is permitted to treat 1,500 gallons per day of septic tank waste. 

d. Wastewater Treatment — The wastewater treatment facility was upgraded in 2008. The 

upgrade included retrofitting the existing sludge drying beds with new HDPE dewatering 

tiles, a new greenhouse enclosure and a new sludge transfer connection to allow sludge to 

bypass the sludge drying beds and be trucked offsite. A new sludge transfer pump was 

also installed as part of the upgrade. 

The wastewater treatment facility provides a secondary level of treatment via a 

mechanical bar screen, a grit removal system, an oxidation ditch and two secondary 

clarifiers each measuring 40 feet in diameter. A previously unused secondary clarifier 

was converted into an aerated sludge tank in 2002. The permittee has onsite drying beds 

for sludge dewatering. Thickened waste activated sludge and dried sludge are trucked to 

Domtar Maine Corporation in Baileyville, Maine, for disposal. 

The facility has two pipes used as chlorine contact chambers for seasonal disinfection. 

The effluent is chlorinated with sodium hypochlorite and dechlorinated with sodium 

bisulfite. The treated effluent is discharged to the St. Croix River via an outfall pipe 

measuring 18 inches in diameter and extending into the river for approximately 40 feet. 

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

processes. 
ME0101320 FACT SHEET Page 4 of 16 

W002649-6C-1-R 

3. CONDITIONS OF PERMITS 

Conditions of licenses, 38 M.R.S.A. § 414-A, requires that the effluent limitations prescribed 

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

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

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

Water Classification System. In addition, 38 M.R.S.A. § 420 and 06-096 CMR 530 require 

the regulation of toxic substances not to exceed levels set forth in Surface Water Quality 

Criteria for Toxic Pollutants, 06-096 CMR 584 (effective October 9, 2005), and that ensure 

safe levels for the discharge of toxic pollutants such that existing and designated uses of 

surface waters are maintained and protected. 

4. RECEIVING WATER STANDARDS 

Classification of major river basins, 38 M.R.S.A. § 467(13)(A)(4) classifies the St. Croix 

River main stem from Grand Falls to tidewater as a Class C waters. Standards for 

classification offresh surface waters, 38 M.R.S.A. § 465(4) describes the standards for Class 

C waters. 

5. RECEIVING WATER CONDITIONS 

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

prepared by the Department pursuant to Sections 303(d) and 305(b) of the Federal Water 

Pollution Control Act, lists the 59.28 mile reach of the St. Croix River between Grand Falls 

and tidewater, (ABD Assessment Unit ID ME0105000108_503R) in the following category. 

"Category 3: Rivers and Streams with Insufficient Data or Information to Determine if 

Designated Uses are Attained (One or More Uses may be Impaired)." The 59.28 mile reach 

of the St. Croix River between Grand Falls and tidewater, (ABD Assessment Unit ID 

ME0105000108 503R) has insufficient data to determine if this segment is attaining the 

designated uses of its assigned classification. A long term study to determine if designated 

uses are attained is scheduled for the near future. 

6. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS 

a. Flow: The previous permitting action established, and this permitting action is carrying 

forward, a monthly average discharge flow limit of 0.600 MGD based on the design 

capacity for the treatment facility, and a daily maximum discharge flow reporting 

requirement. 

The Department reviewed 52 Discharge Monitoring Reports (DMRs) that were submitted 

for the period November 2008 — February 2013. During this time period, the monthly 

average flow discharge exceeded the limit on three occasions (April 2009 was 0.62 

MGD; December 2010 was 0.70 MGD; and March 2011 was 0.71 MGD). A review of 

data indicates the following: 
ME0101320 FACT SHEET Page 5 of 16 

W002649-6C-I-R 

6. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (cont'd) 

Flow 

Value Limit (MGD) Range (MGD) Mean (MGD) 

Monthly Average 0.600 0.10 — 0.71 0.33 

Daily Maximum Report 0.13 — 2.98 0.95 

b. Dilution Factors — Dilution factors associated with the permitted discharge flow of 0.600 

MGD from the facility were derived in accordance with 06-096 CMR 530(4)(A) and were 

calculated as follows: 

Dilution Factor = River flow(cfs)(Conv. Factor) + Discharge Flow( MGD) 

Discharge Flow(MGD) 

Acute: 1Q10 = 850 cfs = (850 cfs)(0.6464) + (0.600 MGD) = 917:1 

(0.600 MGD) 

Acute '/4 of 1Q1 0(2)= 213 cfs = (213 cfs)(0.6464) + (0.600 MGD) = 230:1 

(0.600 MGD) 

Chronic: 7Q10 = 850 cfs(1) (850 efs)(0.6464) + (0.600 MGD) = 917:1 

(0.600 MGD) 

Harmonic Mean(3)= 1,812 cfs (1812 cfs)(0.6464) + (0.600 MGD) = 1,953:1 

(0.600 MGD) 

Footnotes: 

(1) Based on 7Q10 of 850 efs at the Domtar Mill site. See Attachment C of this Fact 

Sheet that provides justification of the 7Q10 that was established for calculating 

applicable dilution factors and corresponding water quality-based limits at the 

Domtar Mill site. 

(2) 06-096 CMR 530(4)(B)(1) states that analyses using numeric acute criteria for 

aquatic life must be based on 1/4 of the 1Q10 stream design flow to prevent 

substantial acute toxicity within any mixing zone. The 1Q10 is the lowest one day 

flow over a ten-year recurrence interval. The regulation goes on to say that where it 

can be demonstrated that a discharge achieves rapid and complete mixing with the 

receiving water by way of an efficient diffuser or other effective method, analyses 

may use a greater proportion of the stream design, up to including all of it. The 

Department has made the determination that the discharge does not receive rapid and 

complete mixing. Therefore, the default stream flow of'/ of the 1Q10 is applicable in 

acute statistical evaluations. 
1VIE0101320 FACT SHEET Page 6 of 16 

W002649-6C-1-R 

6. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (cont'd) 

Footnotes (cont'd): 

(3) Calculated in 1991 using historic flow records for the St. Croix River. 

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

permitting action established, and this permitting action is carrying forward, monthly 

average and weekly average technology-based concentration limits of 30 mg/L and 45 

mg/L, respectively, for BOD5and TSS based on the secondary treatment requirements 

specified at Effluent Guidelines and Standards, 06-096 CMR 525(3)(111) (effective 

January 12, 2001), and a daily maximum concentration limit of 50 mg/L, which is based 

on a Department best professional judgment (BPJ) of best practicable treatment (BPT) 

for secondary treated wastewater. The technology-based monthly average, weekly 

average and daily maximum average mass limits of 150 lbs/day, 225 lbs/day, and 250 

lbs/day, respectively, established in the previous permitting action for BOD5and TSS are 

based on the monthly average flow design criterion of 0.600 MGD and the applicable 

concentration limits, and are also being carried forward in this permitting action. This 

permitting action is carrying forward a requirement for a minimum of 85% removal of 

BOD5& TSS pursuant to 06-096 CMR 525(3)(IlI)(a&b)(3). The permittee has not 

demonstrated that it qualifies for special considerations pursuant to 06-096 CMR 

525(3)(1V). Therefore, this permitting action is eliminating the waiver from the 85% 

removal requirement provided in the previous permitting action when influent 

concentration is less than 200 mg/L. 

The Department reviewed 52 DMRs that were submitted for the period November 2008 —

February 2013. A review of data indicates the following: 

BOD4 mass 

Value Limit (lbs/day) Range (lbs/day) Average (lbs/day) 

Monthly Average 150 0 — 32 8 

Weekly Average 225 0 — 82 16 

Daily Maximum 250 2 — 82 16 

BODs concentration 

Value Limit (mg/L) Range (mg/L) Average (mg/L) 

Monthly Average 30 1 — 8 3 

Weekly Average 45 2 — 14 4 

Daily Maximum 50 2 —14 4 

TSS mass 

Value Limit (lbs/day) Range (lbs/day) Average (lbs/day) 

Monthly Average 150 1 — 37 11 

Weekly Average 225 2 — 93 21 

Daily Maximum 250 2 — 133 24 
ME0101320 FACT SHEET Page 7 of 16 

W002649-6C-I-R 

6. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (cont'd) 

TSS concentration 

Value Limit (mg/L) Range (mg/L) Average (mg/L) 

Monthly Average 30 1-13 4 

Weekly Average 45 2 — 39 7 

Daily Maximum 50 2 — 39 7 

On April 19, 1996, the USEPA issued a guidance document entitled, "Interim Guidance 

for Performance Based Reductions of NPDES Permit Monitoring Frequencies" (USEPA 

1996) as the basis for determining reduced monitoring frequencies. The guidance 

document was issued to reduce unnecessary reporting while at the same time maintaining 

a high level of environmental protection for facilities that have a good compliance record 

and pollutant discharges at levels below permit requirements. Monitoring requirements 

are not considered effluent limitations under section 402(o) of the Clean Water Act and 

therefore, anti-backsliding prohibitions would not be triggered by reductions in 

monitoring frequencies. 

The USEPA guidance indicates "...the basic premise underlying a performance-based 

reduction approach is that maintaining a low average discharge relative to the permit 

limits results in a low probability of the occurrence of a violation for a wide range of 

samplingfrequencies." The monitoring frequency reductions in USEPA's guidance were 

designed to maintain approximately the same level of reported violations as that 

experienced with the existing baseline sampling frequency in the permit. To establish 

baseline performance the long term average (LTA) discharge rate for each parameter is 

calculated using the most recent two-year data set of monthly average effluent data 

representative of current operating conditions. The LTA/permit limit ratio is calculated 

and then compared to the matrix in Table I of USEPA's guidance to determine the 

potential monitoring frequency reduction. It is noted Table I of USEPA's guidance was 

derived from a probability table that used an 80% effluent variability or coefficient of 

variation (cv). The permitting authority can take into consideration further reductions in 

the monitoring frequencies if the actual cv for the facility is significantly lower than the 

default 80% utilized by the USEPA in Table I. 

In addition to the parameter-by-parameter performance history via the statistical 

evaluation cited above, the USEPA recommends the permitting authority take into 

consideration the facility enforcement history and the parameter-by-parameter 

compliance history and factors specific to the State or facility. If the facility has already 

been given monitoring reductions due to superior performance, the baseline may be a 

previous permit. 
ME0101320 FACT SHEET Page 8 of 16 

W002649-6C-I-R 

6. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (cont'd) 

The USEPA's 1996 guidance recommends evaluation of the most current two-years of 

effluent data for a parameter. A review of the monitoring data for BOD5and TSS 

indicate the ratios (expressed in percent) of the long term effluent average to the monthly 

average limits can be calculated as follows: 

BOD5 

Long term average = 8 lbs./day 

Monthly average limit = 150 lbs./day 

Current monitoring frequency = 1/Week 

Ratio =8 lbs./day = 5% 

150 lbs./day 

According to Table I of the USEPA guidance, a 1/Week monitoring requirement can be 

reduced to 1/2 Months. However, the Department has determined that a reduction to 

2/Month testing for BOD5is consistent with our analysis of the data and BPI Therefore, 

the monitoring frequency for BOD5has been reduced to 2/Month in this permitting 

action. 

TSS 

Long term average = 11 lbs./day 

Monthly average limit = 1.501bsiday 

Current monitoring frequency = 1/Week 

Ratio = 11 lbs./day = 7% 

150 lbs./day 

According to Table I of the USEPA guidance, a 1/Week monitoring requirement can be 

reduced to 1/2 Months. However, the Department has determined that a reduction to 

2/Month testing for TSS is consistent with our analysis of the data and BPJ. Therefore, 

the monitoring frequency for TSS has been reduced to 2/Month in this permitting action. 

d. Settleable Solids — The previous permitting action established, and this permitting action 

is carrying forward, a technology-based daily maximum concentration limit of 0.3 mL/L 

for settleable solids, which is considered a best practicable treatment limitation (BPT) for 

secondary treated wastewater. 

The Department reviewed 52 DMRs that were submitted for the period November 2008 —

February 2013. During this time period the daily maximum limit was exceeded during 

December 2010 with a daily maximum settleable solids concentration of 0.8 mL/L, and 

in April of 2012 (5.0 mL/L), A review of data indicates the following: 
ME0101320 FACT SHEET Page 9 of 16 

W002649-6C-I-R 

6. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (cont'd) 

Settleable solids concentration 

Value Limit (mL/L) Range (mL/L) Average (mL/L) 

Daily Maximum 0.3 0.1 — 5.0 0.2 

A review of the monitoring data for settleable solids indicates the ratios (expressed in 

percent) of the long term effluent average to the monthly average limits can be calculated 

as follows: 

Long term average = 0.2 mL/L 

Daily maximum limit 0.3 mL/L 

Current monitoring frequency = 5/Week 

Ratio = 0.2 ml/L = 67% 

0.3 ml/L 

According to Table I of the USEPA guidance, a 5/Week monitoring requirement can be 

reduced to 4/Week. Therefore, the monitoring frequency for settleable solids has been 

reduced to 4/Week in this permitting action. 

e. E. coil Bacteria —The previous permitting action established and this permitting action is 

carrying forward, seasonal (May 15 — September 30) monthly average and daily 

maximum K coil bacteria limits of 142 colonies/100 mL and 949 colonies/100 mL 

respectively. The monthly average concentration limit is based on 38 M.R.S.A. § 465(4) 

which requires that the E. coil bacteria of human and domestic animal origin in Class C 

waters may not exceed a geometric mean of 126 colonies/100 ml or an instantaneous 

level of 236 colonies/100 ml. The Department has determined that end-of-pipe 

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

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

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

Baileyville. 

Although E. coil bacteria limits are seasonal and apply between May 15 and September 

30 of each year, the Department reserves the right to impose year-round bacteria limits if 

deemed necessary to protect the health, safety and welfare of the public. 

The Department reviewed 20 DMRs that were submitted for the period May 2009 —

September 2012. A review of data indicates the following: 

E. coil bacteria 

Value Limit (col/100 mL) Range (col/100 mL) Mean (col/100 mL) 

Monthly Average 142 1 — 4.35 2.06 

Daily Maximum 949 1 — 20 6.5 
ME0101320 FACT SHEET Page 10 of 16 

W002649-6C-1-R 

6. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (cont'd) 

A review of the monitoring data for E. coll. bacteria indicates the ratios (expressed in 

percent) of the long term effluent average to the monthly average limits can be calculated 

as follows: 

Long term average = 2.06 col/100 ml 

Monthly average limit = 142 col/100 ml 

Current monitoring frequency = I/Week 

Ratio = 2.06 co1/100 ml = 2% 

142 col/100 ml 

According to Table I of the USEPA Guidance, a 1/Week monitoring requirement can be 

reduced to 1 /2 Months. However, the Department has determined that a reduction to 

2/Month testing for K coli is consistent with our analysis of the data and BPJ. Therefore, 

the monitoring frequency for K coif bacteria has been reduced to 2/Month during the 

monitoring period of May 15 — September 30 in this permitting action. 

f. Total Residual Chlorine — The previous permitting action established a technology-based 

daily maximum concentration limit of 1.0 mg/L for TRC. Limitations on TRC are 

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

technology is being applied to the discharge. Department licensing/permitting actions 

impose the more stringent of either a water quality-based or BPT based limit. 

With modified acute (1/41Q10) and chronic dilution factors associated with the discharge 

water quality-based concentration thresholds the discharge may be calculated as follows: 

Calculated 

Acute (A) Chronic (C) Mod. A & C Acute Chronic 

Criterion Criterion Dilution Factors Threshold Threshold 

0.019 mg/L 0.011 mg/L 230:1 (Mod.A) 4.4 mg/L 10.1 mg/L 

917:1 (C) 

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

facilities that disinfect their effluent with elemental chlorine or chlorine-based 

compounds. The daily maximum BPT-based limit of 1.0 mg/L is more stringent than 

either calculated water quality-based threshold and is therefore being carried forward in 

this permitting action. 

The Department reviewed 23 DMRs that were submitted for the period November 2008 — 

February 2013. A review of data indicates the following: 
ME0101320 FACT SHEET Page 11 of 16 

W002649-6C-I-R 

6. EFFLUENT LIMITATIONS AND MONITORING REQUI REMENTS (cont'd) 

Total residual chlorine 

Value Limit (mg/L) Range (mg/L) Mean (mg/L) 

Daily Maximum 1.0 0.14 — 0.97 0.64 

A review of the monitoring data for TRC indicates the ratios (expressed in percent) of the 

long term effluent average to the monthly average limits can be calculated as follows: 

Long term average = 0.64 mg/L 

Monthly average limit = 1.0 mg/L 

Current monitoring frequency = 1/Day 

Ratio = 0.64 mg/L = 64% 

1.0 mg/L 

According to Table 1 of the EPA Guidance, a 1/Day monitoring requirement can be 

reduced to 4/Week. Therefore, the monitoring frequency for TRC has been reduced to 

4/Week in this permitting action. 

g. RH — The previous permitting action established, and this permitting action is carrying 

forward, a technology-based pH limit of 6,0 — 9.0 standard units (SU), which is based on 

06-096 CMR 525(3)(111), and a minimum monitoring frequency requirement of five times 

per week. 

The Department reviewed 52 DMRs that were submitted for the period November 2008 — 

February 2013. A review of data indicates the following: 

H 

Value Limit (SU) Minimum (SU) Maximum (SU) 

Daily Maximum 6.0 — 9.0 6.1 7.9 

h. Mercury — On June 27, 2000, the Department issued a Notice of Interim Limits for the 

Discharge of Mercury to the permittee thereby administratively modifying WDL 

#W002649-5L-F-R by establishing interim monthly average and daily maximum effluent 

concentration limits of 16.6 parts per trillion (ppt) and 24.9 ppt, respectively, and a 

minimum monitoring frequency requirement of two (2) tests per year for mercury. The 

interim limits were established pursuant to Certain deposits and discharges prohibited, 

38 M.R.S.A. § 420 and Waste discharge licenses, 38 M.R.S.A. § 420 and Waste 

discharge licenses, 38 M.R.S.A. § 413 and Interim Effluent Limitations and Controls for 

the Discharge of Mercury, 06-096 CMR 519 (last amended October 6, 2001). It is noted 

the limitations have been incorporated into Special Condition A, Effluent Limitations And 

Monitoring Requirements, of this permit. 
ME0101320 FACT SHEET Page 12 of 16 

W002649-6C-1-R 

6. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (cont'd) 

38 M.R.S.A. § 420(1-B)(B)(1) provides that a facility is not in violation of the AWQC 

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

the Department. 

The Department reviewed 8 DMRs that were submitted for the period October 2008 —

October 2012. A review of data indicates the following: 

Mercur 

Value Limit (ng/L) Range (ng/L) Mean (ng/L) 

Average 16.6 0 — 6 2.12 Daily Maximum 24.9 

On February 6, 2012, the Department issued a minor revision to the December 6, 2007 

permit thereby revising the minimum monitoring frequency requirement from twice per 

year to once per year pursuant to 38 M.R.S.A. § 420(1-B)(F). 

Pursuant to 38 M.R.S.A. §420(1-B)(F), this permitting action is carrying forward the 

1/Year monitoring frequency established in the February 6, 2012, permit modification. 

i. Septage— The previous permitting action authorized the Town to receive and treat up to 

1,500 gpd of septic tank waste from local haulers. Department rule Chapter 555, Addition 

of Septage To Waste Water Treatment Facilities, 06-096 CMR 555 (last amended 

February 5, 2009), limits the quantity of septage treated at a facility to 1% of the design 

capacity of treatment facility. In their permit renewal application, the Town requested the 

Department carry forward the daily quantity of 1,500 gallons per day of septic tank waste 

that it is authorized to receive and treat. With a design capacity of 0.600 MGD, 1,500 gpd 

represents 0.25 % of said capacity. The permittee submitted an up-to-date Septage 

Management Plan as an exhibit to their 2013 application for permit renewal. 

Whole Effluent Toxicity (WET), Priority Pollutant, and Analytical Chemistry Testing —

38 M.R.S.A. § 414-A and 38 M.R.S.A. § 420 prohibit the discharge of effluents 

containing substances in amounts that would cause the surface waters of the State to 

contain toxic substances above levels set forth in Federal Water Quality Criteria as 

established by the USEPA. 06-096 CMR 530 sets forth effluent monitoring requirements 

and procedures to establish safe levels for the discharge of toxic pollutants such that 

existing and designated uses of surface waters are maintained and protected and narrative 

and numeric water quality criteria are met. Surface Water Quality Criteria for Toxic 

Pollutants, 06-096 CMR 584 (effective July 29, 2011), sets forth ambient water quality 

criteria (AWQC) for toxic pollutants and procedures necessary to control levels of toxic 

pollutants in surface waters. 
ME0101320 FACT SHEET Page 13 of 16 

W002649-6C-I-R 

6. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (cont'd) 

06-096 CMR 530(2)(B) categorizes dischargers subject to the toxics rule into one of four 

levels (Levels I through IV). Level IV dischargers are "those dischargers having a 

chronic dilution factor of at least 500 to I and a permitted flow of less than 1 million 

gallons per day." The chronic dilution factor associated with the discharge from the 

Town is 917 to 1, and the permitted flow is 0.600 MGD; therefore, the facility is 

considered a Level IV facility for purposes of toxics testing. 06-096 CMR 530(D)(1) 

states that "routine testing requirements for Level IV are waived, except that the 

Department shall require an individual discharger to conduct testing under the following 

conditions: 

(a) The discharger's permit application or information available to the Department 

indicate that toxic compounds may be present in toxic amounts; or, 

(b) Previous testing conducted by the discharger or similar dischargers indicates that 

toxic compounds may be present in toxic amounts." 

The 4/10/06 permit amendment waived testing for this facility. Previous toxics testing 

conducted by this facility indicated the discharge did not exceed the critical ambient 

water quality standards for test organisms or chemical compounds. Therefore, 

this permitting action is carrying forward the taxies testing waiver pursuant to 06-096 

CMR 530 and Department best professional judgment. 

06-096 CMR 530(2)(D)(4) states, "all dischargers having waived or reduced testing 

must file statements with the Department on or before December 31 of each year 

describing the following: 

(a) Changes in the number or types of non-domestic wastes contributed directly or 

indirectly to the wastewater treatment works that may increase the toxicity of the 

discharge; 

(b) Changes in the operation of the treatment works that may increase the toxicity of 

the discharge,. and 

(c) Changes in industrial manufacturing processes contributing wastewater to the 

treatment works that may increase the toxicity of the discharge.- 

In addition, in the comments section of the certification form, the permittee shall provide the 

Department with statements describing; 

(d) Changes in storm water collection or inflow/infiltration affecting the facility that 

may increase the toxicity of the discharge,-and 

(e) Increases in the type or volume of transported (hauled) wastes accepted by the 

facility. 
ME0101320 FACT SHEET Page 14 of 16 

W002649-6C-1-R 

6. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (cont'd) 

The Department may require that annual testing be re-instituted if it determines that there 

have been changes in the character of the discharge or if annual certifications described 

above are not submitted. 

This permitting action establishes Special Condition K, 06-096 CMR 530(2)(D)(4) 

Statement for Reduced/Waived Toxics Testing, pursuant to 06-096 CMR 530(2)(D)(4). It 

is noted, however, that if future WET or chemical-specific testing indicates the discharge 

exceeds or demonstrates a reasonable potential to exceed applicable critical water quality 

thresholds, this permit will be reopened in accordance with Special Condition M, 

Reopening of Permit For Modification, to establish effluent limitations and revised 

monitoring requirements as necessary. 

7. DISPOSAL OF SEPTAGE WASTE IN WASTEWATER TREATMENT FACILITY 

The Town has applied for, and pursuant to Standards for the Addition of Transported Wastes 

to Waste Water Treatment Facilities, 06-096 CMR 555, and the Town's written septage 

management plan, this permitting action authorizes the Town to receive up to 8,000 gallons 

of septage into its septage holding facilities and introduce into the treatment process or solids 

handling stream up to a daily maximum of 1,500 GPD of transported wastes (septage 

wastes). See Special Condition J of the permit. 

8. DISCHARGE IMPACT ON RECEIVING WATER QUALITY 

As permitted, the Department has determined the existing water uses will be maintained and 

protected and the discharge will not cause or contribute to the failure of the waterbody to 

meet standards for Class C classification. 

9. PUBLIC COMMENTS 

Public notice of this application was made in the Calais Advertiser newspaper on or about 

August 1, 2013. The Department receives public comments on an application until the date a 

final agency action is taken on that application. Those persons receiving copies of draft 

permits shall have at least 30 days in which to submit comments on the draft or to request a 

public hearing, pursuant to Application Processing Procedures for Waste Discharge 

Licenses, 06-096 CMR 522 (effective January 12, 2001). 
ME0101320 FACT SHEET Page 15 of 16 

W002649-6C-I-R 

10. DEPARTMENT CONTACTS 

Additional information concerning this permitting action may be obtained from and written 

comments should be sent to: 

Yvette Meunier 

Division of Water Quality Management 

Bureau of Land and Water Quality 

Department of Environmental Protection 

17 State House Station 

Augusta, Maine 04333-0017 

Telephone (207) 215-1579 e-mail: yvette.meunierQmaine.gov 

11. RESPONSE TO COMMENTS 

During the period of August 27, 2013, through the issuance date of this permit, the 

Department solicited comments on the proposed draft Maine Pollutant Discharge Elimination 

System Permit to be issued to Baileyville POTW for the proposed discharge. The 

Department received written comments from Olver Associates, Inc. in a letter, dated 

September 23, 2013. Therefore the Department has prepared a Response to Comments as 

follows: 

Comment #1 

Olver Associates, Inc. requested to carry forward the waiver from the requirement to achieve 

85 percent removal of BOD5and TSS when concentrations are less than 200 mg/L on the 

basis that "In Baileyville, the added flow from significant snow melt and rain events 

demonstrates that stormwater is entering the sewer system and even though it was not 

intended to be combined, it has the same outcome as a combined system. It is not equitable 

for the DEP to provide combined communities an advantage over separated communities." 

Response #1 

On October 9, 2013, the Department sent a letter to all POTWs regarding the BOD and TSS 

waiver and the requirements of NPDES rules. Among other requirements, the POTW must 

demonstrate to the Department that, if it cannot meet the BOD and TSS percent removal 

requirements of the secondary treatment regulations, that the cause is not the result of 

excessive inflow and infiltration (often referred to as I/I). The criteria for such 

demonstration is contained in the October 9, 2013 letter. At this time, the permittee has not 

demonstrated that a waiver from the requirement to meet 85 percent removal of BOD and 

TSS for all flows is justified. Therefore, the Department cannot grant the request to carry 

forward the provision to waive percent removal requirements when influent is less than 200 

mg/L. 

Continent #2 

Olver Associates, Inc. suggested that when there are no any Significant Industrial Users 

(SIU) in the service area, an Industrial Waste Survey (IWS) should not be required. 
ME0101320 FACT SHEET Page 16 of 16 

W002649-6C-1-R 

H. RESPONSE TO COMMENTS (cont'd) 

Response #2 

The State and EPA require all Publicly Owned Treatment Works covered by a MEPDES 

permit to perform an IWS at a minimum of once per permit cycle regardless of the presence 

or absence of SIUs in their service area. This language was determined by the State and EPA 

to satisfy concerns identified by EPA during the most recent EPA audit of MPDES permit 

writing program. 

Comment #3 

Olver Associates, Inc. suggested the following language to Special Condition J — Disposal of 

Transported Wastes in Wastewater Treatment Facility: 

"The permittee is shall receive up to 8,000 gallons of septage into its septage holding 

facilities and up to a daily maximum of 1,500 GPD of septage wastes into its treatment 

process. (Septage is received at quantities up to 8,000 GPD into the holding tank but is only 

brought into the plant headworks at quantities less than or equal to 1,500 GPD)." 

Response #3 

The Department is amendable to this change and has incorporated similar language into the 

Fact Sheet which clarifies the volume of septage wastes in GPD allowed to be received and 

treated at the facility. 
ATTACHMENT A 
0 0.45 0.9 1.8 

Etaileville, Baileyville POTW 

Nlap Created by Nlaine DEP 

April 29,2013 
ATTACHMENT B 
MANUAL 

BAR SCREEN 

SEPTACE 

CHLORINE 

SEPTACE 

RECEIVING TANK 

g GRIT 

PUMP 

GMT/WAXER 

GRFT 

CONCENTRATOR 

WATER 

GRIT 

DEWATERING 

SCREW 

r T" 

8 8 

AERATION 

BLOWERS 

WASTE 

SLUDGE 

PUMP CHLORINE WET 

WELL 

CHLORINE 

DISTRIBUTION 

BOX 

CHLORINE 

CONTACT 

PIPE 

OUTFALL 

STRUCTURE 

SLUDGE 

HOLDING 

TANK 

LIEN AERATOR FINAL 

 CLAW-MRS 

1 \e/ SCUM 

PUMP W I

STATION 

RETURN 

SLUDGE 

PUMP 

CHLORINE RETURN 

SLUDGE 

PUMP 

GRIT {,SAND/GRAVEL) 

U 

BAILEYVILLE WASTEWATER 

TREATMENT FACILITY 

74> EXISTING TREATMENT PROCESS 

FLOW DIAGRAM 

FIGURE 1 

OLVER ASSOCIATES INC. 

ENVIRORmENTAL ENGIECERS 

390 VAIN sTPEET worrrrAPow. 
ATTACHMENT C 
ATTACHMENT C 

River Flows 

River flows at the point of discharge are regulated by upstream hydropower dam operations 

at Grand Falls and at Woodland. Additional upstream storage dam locations which 

contribute to river flows at the point of discharge include; Forest City, Vanceboro, Canoose, 

Clifford, West Grand, and Sysladobsis. An earthen dam at Farm Cove prevents uncontrolled 

discharge of impounded waters. This dam maintains a small constant flow to a brook flowing 

into Grand Falls Flowage. Domtar owns and operates all nine of these facilities. A run-ofriver hydro power generating facility is located downstream of the mill in the Milltown area 

of St. Stephen, New Brunswick. This facility depends on upstream flow releases to generate 

Power and is outside the jurisdiction of the United States. Although hydro power is generated 

at Grand Falls and Woodland, the Federal Energy Regulatory Commission (FERC) 

concluded in 1997 that the reservoirs at Forest City, West Grand, Farm Cove, and 

Sysladobsis (grouped into two projects) have not been operated for downstream power 

benefits and thus no license under the Federal Power Act is required to operate and maintain 

the projects. This latter decision is currently undergoing a rehearing and appeal process. The 

FERC licenses for these two projects are in effect and valid through August 2000, with 

annual licenses issued by the FERC pending final resolution. The Vanceboro Project is 

licensed by FERC through 2016. FERC's 1997 decision did not include any direct review or 

discussion on decisions relative to this project, however the rehearing and appeal process 

does consider this project as all of these including Grand Falls are auxiliary to an 

interconnected with the Woodland dam in design and operation such that they form one 

complete unit of development. The Grand Falls and Woodland Projects were authorized by 

an Act of Congress prior to the Federal Power Act. Accordingly, FERC jurisdiction does not 

apply. The Canoose Dam is entirely in Canada, outside the jurisdiction of the United States. 

The Clifford Lake Dam is a small facility associated with the Grand Falls Project. 

The Board of Control of the St. Croix River International Joint Commission (IJC) has the 

authority to establish (and has established) minimum and maximum levels and flows at 

Forest City, Vanceboro, and Grand Falls Projects all of which are on the US / Canada 

boundary. The Woodland Dam which is also on the US / Canada boundary is exempt from 

IJC jurisdiction because its construction predates the IJC's implementing Act (Boundary 

Water Treaty Act of 1909). 
RIVER FLOW (cont'd) 

The IJC currently has issued orders for a minimum flow of 75 cfs at Forest City and a 

minimum flow of 200 cfs at Vanceboro. As noted, the IJC orders also include maximum and 

minimum water levels at those dams. In addition, a minimum and maximum lake level is 

specified by order for Grand Falls Dam but no flow specification is made. The minimum 

hydropower generation design flow for this facility and Woodland below is 750 cfs. As early 

as the 1860's State Governmental surveys identified the St. Croix as having a dependable 

flow of around 1000 cfs and it was on this basis the lower minimum design flow was 

specified. This minimum design flow was utilized to design the systems integrated operation. 

The Board has not issued an order for the Woodland Dam. Over the last ten years, USGS 

records at the Baring gauging station, located 5.3 miles below Woodland Dam and the point 

of the Domtar discharge, show that a 7-day minimum of 850 cfs has been consistently 

maintained. (Note: During the drought of 2002 the DEP authorized a late winter minimum 

flow of 500- 550 cfs to conserve lake system water. While 750 efs was achievable, 

environmental conditions at this time of year allowed a compromise to avoid summer public 

water use conflicts. The Department agreed that this emergency flow was not representative 

of a true minimum and accordingly would not be utilized as such for licensing and other 

assessment purposes.) The 1987 EPA permit and State WDL required the GPC to provide a 

minimum flow of 750 cfs at Baring from June 1 through September 30 as a condition of 

permit and license. The permittee has indicated that the IJC formerly specified a minimum 

flow of 750 cfs as a daily mean flow and not an instantaneous flow as specified in the 1987 

EPA permit and 1996 State WDL. The permittee has provided the Department with a 

lengthy and well documented history of the flow management plan for the river indicating 

that minimum flow at and below the Domtar mill in said plan is 850 cfs. Consistent flows in 

the lower river equal to or higher than this value have been the basis for the construction 

and operation of the dams on the watershed since the early 1800's. The three power 

generating dams constructed in the early 1900's were also designed accordingly. As a 

result, 850 cfs is being utilized as the low flow (7Q10) in calculating applicable dilution 

factors and corresponding water quality based limits in this permitting action. Should the IJC 

or other regulatory authorities with appropriate jurisdiction establish a minimum flow regime 

lower or higher than 750 cfs, this permit may be re-opened (after notice to the permittee) 

pursuant to Special Condition 0 of this permit, to re-evaluate effects on water quality and the 

environment, the applicable dilution factors and water quality based limits. 
ATTACHMENT D 
STATE OF MAINE 

DEPARTMENT OF ENVIRONMENTAL PROTECTION 

CHAPTER 530.2(D)(4) CERTIFICATION 

PAUL R.LEPAGE PATRICIA W. AHO 

GOVERNOR Commissioner 

MEPDES# Facility Name 

Since the effective date of your permit, have there been; NO YES 

Describe in comments 

section 

1 Increases in the number, types, and flows of industrial, 

commercial, or domestic discharges to the facility that in the 

judgment of the Department may cause the receiving water to 

become toxic? 

Ill 0 

2 Changes in the condition or operations of the facility that may 

increase the toxicity of the discharge? ❑ ❑ 

3 Changes in storm water collection or inflow/infiltration 

affecting the facility that may increase the toxicity of the 

discharge? 

IN • 

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

the facility? • o 

COMMENTS: 

Name (printed): 

Signature: Date: 

This document must be signed by the permittee or their legal representative. 

This form may be used to meet the requirements of Chapter 530.2(D)(4). This Chapter requires all 

dischargers having waived or reduced toxic testing to file a statement with the Department describing 

changes to the waste being contributed to their system as outlined above. As an alternative, the 

discharger may submit a signed letter containing the same information. 

Scheduled Toxicity Testing for the next calendar year 

Test Conducted ls' Quarter 2ndQuarter 3rdQuarter 41hQuarter 

WET Testing ❑ ❑ ❑ ❑ 

Priority Pollutant Testing ❑ ❑ ❑ ❑ 

Analytical Chemistry ❑ ❑ ❑ ❑ 

Other toxic parameters ' ❑ ❑ ❑ ❑ 

Please place an "X" in each of the boxes that apply to when you will be conducting any one of 

the three test types during the next calendar year. 

1 This only applies to parameters where testing is required at a rate less frequently than quarterly. 

AUGUSTA 

17 STATE HOUSE STATION BANGOR PORTLAND PRESQUE ISLE 

AUGUSTA, MAINE 04333-0017 106 IIOGAN ROAD, SUITE 6 312 CANCO ROAD 1235 CENTRAL DRIVE, SKYWAY PARK 

(207) 287-7688 FAX: (207) 287-7826 BANGOR, MAINE 04401 PORTLAND, MAINE 04103 PRESQUE ISLE, MAINE 04769-2094 

RAY BLDG., HOSPITAL ST. (207) 941-4570 FAX: (207) 941-4584 (207) 822-6500 FAX: (207) 822-6303 (207) 764-0477 FAX: (207)760-3143 

web the: www.maine.govidep 
DEP INFORMATION SHEET 

Appealing a Department Licensing Decision 

Dated: March 2012 Contact: (207) 287-2811 

SUMMARY 

There are two methods available to an aggrieved person seeking to appeal a licensing decision made by the 

Department of Environmental Protection's ("DEP") Commissioner: (I) in an administrative process before the 

Board of Environmental Protection ("Board"); or (2) in a judicial process before Maine's Superior Court. An 

aggrieved person seeking review of a licensing decision over which the Board had original jurisdiction may 

seek judicial review in Maine's Superior Court. 

A judicial appeal of final action by the Commissioner or the Board regarding an application for an expedited 

wind energy development (35-A M.R.S.A. § 3451(4)) or a general permit for an offshore wind energy 

demonstration project (38 M.R.S.A. § 480-HH(l) or a general permit for a tidal energy demonstration project 

(38 M.R.S.A. § 636-A) must be taken to the Supreme Judicial Court sitting as the Law Court. 

This INFORMATION SHEET, in conjunction with a review of the statutory and regulatory provisions referred to 

herein, can help a person to understand his or her rights and obligations in filing an administrative or judicial 

appeal. 

I. ADMINISTRATIVE APPEALS TO THE BOARD 

LEGAL REFERENCES 

The laws concerning the DEP's Organization and POlVerS, 38 M.R.S.A. §§ 341-D(4) & 346, the Maine 

Administrative Procedure Act, 5 M.R.S.A. § 11001, and the DEP's Rules Concerning the Processing of 

Applications and Other Administrative Matters ("Chapter 2"), 06-096 CMR 2 (April 1, 2003). 

HOW LONG YOU HAVE TO SUBMIT AN APPEAL TO THE BOARD 

The Board must receive a written appeal within 30 days of the date on which the Commissioner's decision 

was filed with the Board. Appeals filed after 30 calendar days of the date on which the Commissioner's 

decision was filed with the Board will be rejected. 

How TO SUBMIT AN APPEAL TO THE BOARD 

Signed original appeal documents must be sent to: Chair, Board of Environmental Protection, c/o 

Department of Environmental Protection, 17 State House Station, Augusta, ME 04333-0017; faxes are 

acceptable for purposes of meeting the deadline when followed by the Board's receipt of mailed original 

documents within five (5) working days. Receipt on a particular day must be by 5:00 PM at DEP's offices 

in Augusta; materials received after 5:00 PM are not considered received until the following day. The 

person appealing a licensing decision must also send the DEP's Commissioner a copy of the appeal 

documents and if the person appealing is not the applicant in the license proceeding at issue the applicant 

must also be sent a copy of the appeal documents. All of the information listed in the next section must be 

submitted at the time the appeal is filed. Only the extraordinary circumstances described at the end of that 

section will justify evidence not in the DEP's record at the time of decision being added to the record for 

consideration by the Board as part of an appeal. 

WHAT YOUR APPEAL PAPERWORK MUST CONTAIN 

Appeal materials must contain the following information at the time submitted: 

OCF/90-1/r95/r98/r99/r00/r04/r12 
Appealing a Commissioner's Licensing Decision 

March 2012 

Page 2 of 3 

1. Aggrieved Status. The appeal must explain how the person filing the appeal has standing to maintain 

an appeal. This requires an explanation of how the person filing the appeal may suffer a particularized 

injury as a result of the Commissioner's decision. 

2. The findings, conclusions or conditions objected to or believed to be in error. Specific references and 

facts regarding the appellant's issues with the decision must be provided in the notice of appeal. 

3. The basis of the objections or challenge. If possible, specific regulations, statutes or other facts should 

be referenced. This may include citing omissions of relevant requirements, and errors believed to have 

been made in interpretations, conclusions, and relevant requirements. 

4. The remedy sought. This can range from reversal of the Commissioner's decision on the license or 

permit to changes in specific permit conditions. 

5. All the matters to be contested. The Board will limit its consideration to those arguments specifically 

raised in the written notice of appeal. 

6. Request for hearing. The Board will hear presentations on appeals at its regularly scheduled meetings, 

unless a public hearing on the appeal is requested and granted. A request for public hearing on an 

appeal must be filed as part of the notice of appeal. 

7. New or additional evidence to be offered. The Board may allow new or additional evidence, referred to 

as supplemental evidence, to be considered by the Board in an appeal only when the evidence is 

relevant and material and that the person seeking to add information to the record can show due 

diligence in bringing the evidence to the DEP's attention at the earliest possible time in the licensing 

process or that the evidence itself is newly discovered and could not have been presented earlier in the 

process. Specific requirements for additional evidence are found in Chapter 2. 

OTHER CONSIDERATIONS IN APPEALING A DECISION TO THE BOARD 

1. Be familiar with all relevant material in the DEP record. A license application file is public 

information, subject to any applicable statutory exceptions, made easily accessible by DEP. Upon 

request, the DEP will make the material available during normal working hours, provide space to 

review the file, and provide opportunity for photocopying materials. There is a charge for copies or 

copying services. 

2. Be familiar with the regulations and laws under which the application was processed, and the 

procedural rules governing your appeal. DEP staff will provide this information on request and 

answer questions regarding applicable requirements. 

3. The filing of an appeal does not operate as a stay to any decision. If a license has been granted and it 

has been appealed the license normally remains in effect pending the processing of the appeal. A 

license holder may proceed with a project pending the outcome of an appeal but the license holder runs 

the risk of the decision being reversed or modified as a result of the appeal. 

WHAT TO EXPECT ONCE YOU FILE A TIMELY APPEAL WITH THE BOARD 

The Board will formally acknowledge receipt of an appeal, including the name of the DEP project manager 

assigned to the specific appeal. The notice of appeal, any materials accepted by the Board Chair as 

supplementary evidence, and any materials submitted in response to the appeal will be sent to Board 

members with a recommendation from DEP staff. Persons filing appeals and interested persons are notified 

in advance of the date set for Board consideration of an appeal or request for public hearing. With or 

without holding a public hearing, the Board may affirm, amend, or reverse a Commissioner decision or 

remand the matter to the Commissioner for further proceedings. The Board will notify the appellant, a 

license holder, and interested persons of its decision. 

OCF/90-11r/951r98/r991r00/041r12 
Appealing a Commissioner's Licensing Decision 

March 202 

Page 3 of 3 

II. JUDICIAL APPEALS 

Maine law generally allows aggrieved persons to appeal final Commissioner or Board licensing decisions to 

Maine's Superior Court, see 38 M.R.S.A. § 346(1); 06-096 CMR 2; 5 M.R.S.A. § 11001; & M.R. Civ. P 

80C. A party's appeal must be filed with the Superior Court within 30 days of receipt of notice of the 

Board's or the Commissioner's decision. For any other person, an appeal must be filed within 40 days of 

the date the decision was rendered. Failure to file a timely appeal will result in the Board's or the 

Commissioner's decision becoming final. 

An appeal to court of a license decision regarding an expedited wind energy development, a general permit 

for an offshore wind energy demonstration project, or a general permit for a tidal energy demonstration 

project may only be taken directly to the Maine Supreme Judicial Court. See 38 M.R.S.A. § 346(4). 

Maine's Administrative Procedure Act, DEP statutes governing a particular matter, and the Maine Rules of 

Civil Procedure must be consulted for the substantive and procedural details applicable to judicial appeals. 

ADDITIONAL INFORMATION 

If you have questions or need additional information on the appeal process, for administrative appeals contact 

the Board's Executive Analyst at (207) 287-2452 or for judicial appeals contact the court clerk's office in 

which your appeal will be filed. 

Note: The DEP provides this INFORMATION SHEET for general guidance only; it is not intended for use 

as a legal reference. Maine law governs an appellant's rights. 

OCF190-1/1195/r98/r93/r001r04/r12 
MAINE POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT 

STANDARD CONDITIONS APPLICABLE TO ALL PERMITS 

CONTENTS 

SECTION 

A 

TOPIC 

GENERAL PROVISIONS 

PAGE 

I General compliance 2 

2 Other materials 2 

3 Duty to Comply 2 

4 Duty to provide information 2 

5 Permit actions 2 

6 Reopener clause 2 

7 Oil and hazardous substances 2 

8 Property rights 3 

9 Confidentiality 3 

10 Duty to reapply 3 

11 Other laws 3 

12 Inspection and entry 3 

B OPERATION AND MAINTENANCE OF FACILITIES 

I General facility requirements 3 

2 Proper operation and maintenance 4 

3 Need to halt reduce not a defense 4 

4 Duty to mitigate 4 

5 Bypasses 4 

6 Upsets 5 

C MONITORING AND RECORDS 

1 General requirements 6 

2 Representative sampling 6 

3 Monitoring and records 6 

D REPORTING REQUIREMENTS 

1 Reporting requirements 7 

2 Signatory requirement 8 

3 Availability of reports 8 

4 Existing manufacturing, commercial, mining, and silvicultural dischargers 8 

5 Publicly owned treatment works 9 

E OTHER PROVISIONS 

I Emergency action - power failure 9 

2 Spill prevention 10 

3 Removed substances 10 

4 Connection to municipal sewer 10 

F DEFINTIONS 10 

Revised July 1, 2002 Page 1 
MAINE POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT 

STANDARD CONDITIONS APPLICABLE TO ALL PERMITS 

A. GENERAL PROVISIONS 

1. General compliance. All discharges shall be consistent with the terms and conditions of this permit; 

any changes in production capacity or process modifications which result in changes in the quantity or the 

characteristics of the discharge must be authorized by an additional license or by modifications of this 

permit; it shall be a violation of the terms and conditions of this permit to discharge any pollutant not 

identified and authorized herein or to discharge in excess of the rates or quantities authorized herein or to 

violate any other conditions of this permit. 

2. Other materials. Other materials ordinarily produced or used in the operation of this facility, which 

have been specifically identified in the application, may be discharged at the maximum frequency and 

maximum level identified in the application, provided: 

(a) They are not 

(i) Designated as toxic or hazardous under the provisions of Sections 307 and 311, 

respectively, of the Federal Water Pollution Control Act; Title 38, Section 420, Maine 

Revised Statutes; or other applicable State Law; or 

(ii) Known to be hazardous or toxic by the licensee. 

(b) The discharge of such materials will not violate applicable water quality standards. 

3. Duty to comply. The permittee must comply with all conditions of this permit. Any permit 

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

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

permit renewal application. 

(a) The permittee shall comply with effluent standards or prohibitions established under section 

307(a) of the Clean Water Act, and 38 MRSA, §420 or Chapter 530.5 for toxic pollutants 

within the time provided in the regulations that establish these standards or prohibitions, even 

if the permit has not yet been modified to incorporate the requirement. 

(b) Any person who violates any provision of the laws administered by the Department, 

including without limitation, a violation of the terms of any order, rule license, permit, 

approval or decision of the Board or Commissioner is subject to the penalties set forth in 38 

MRSA, §349. 

4. Duty to provide information. The permittee shall furnish to the Department, within a reasonable 

time, any information which the Department may request to determine whether cause exists for 

modifying, revoking and reissuing, or terminating this permit or to determine compliance with this 

permit. The permittee shall also furnish to the Department upon request, copies of records required to be 

kept by this permit. 

5. Permit actions. This permit may be modified, revoked and reissued, or terminated for cause. The 

filing of a request by the permittee for a permit modification, revocation and reissuance, or termination, or 

a notification of planned changes or anticipated noncompliance does not stay any permit condition. 

6. Reopener clause. The Department reserves the right to make appropriate revisions to this permit in 

order to establish any appropriate effluent limitations, schedule of compliance or other provisions which 

may be authorized under 38 MRSA, §414-A(5). 

Revised July 1, 2002 Page 2 
MAINE POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT 

STANDARD CONDITIONS APPLICABLE TO ALL PERMITS 

7. Oil and hazardous substances. Nothing in this permit shall be construed to preclude the institution 

of any legal action or relieve the permittee from any responsibilities, liabilities or penalties to which the 

permittee is or may be subject under section 311 of the Federal Clean Water Act; section 106 of the 

Federal Comprehensive Environmental Response, Compensation and Liability Act of 1980; or 38 MRSA 

§§ 1301, et, seq. 

8. Property rights. This permit does not convey any property rights of any sort, or any exclusive 

privilege. 

9. Confidentiality of records. 38 MRSA §414(6) reads as follows. "Any records, reports or information 

obtained under this subchapter is available to the public, except that upon a showing satisfactory to the 

department by any person that any records, reports or information, or particular part or any record, report or 

information, other than the names and addresses of applicants, license applications, licenses, and effluent 

data, to which the department has access under this subchapter would, if made public, divulge methods or 

processes that are entitled to protection as trade secrets, these records, reports or information must be 

confidential and not available for public inspection or examination. Any records, reports or information may 

be disclosed to employees or authorized representatives of the State or the United States concerned with 

carrying out this subchapter or any applicable federal law, and to any party to a hearing held under this 

section on terms the commissioner may prescribe in order to protect these confidential records, reports and 

information, as long as this disclosure is material and relevant to any issue under consideration by the 

department." 

10. Duty to reapply. If the permittee wishes to continue an activity regulated by this permit after the 

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

11. Other laws. The issuance of this permit does not authorize any injury to persons or property or 

invasion of other property rights, nor does it relieve the permittee if its obligation to comply with other 

applicable Federal, State or local laws and regulations. 

12. Inspection and entry. The permittee shall allow the Department, or an authorized representative 

(including an authorized contractor acting as a representative of the EPA Administrator), upon 

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

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

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

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

conditions of this permit; 

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

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

(d) Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as 

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

B. OPERATION AND MAINTENACE OF FACILITIES 

1. General facility requirements. 

(a) The pennittee shall collect all waste flows designated by the Department as requiring 

treatment and discharge them into an approved waste treatment facility in such a manner as to 

Revised July 1, 2002 Page 3 
MAINE POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT 

STANDARD CONDITIONS APPLICABLE TO ALL PERMITS 

maximize removal of pollutants unless authorization to the contrary is obtained from the 

Department. 

(b) The permittee shall at all times maintain in good working order and operate at maximum 

efficiency all waste water collection, treatment and/or control facilities. 

(c) All necessary waste treatment facilities will be installed and operational prior to the discharge 

of any wastewaters. 

(d) Final plans and specifications must be submitted to the Department for review prior to the 

construction or modification of any treatment facilities. 

(e) The permittee shall install flow measuring facilities of a design approved by the Department. 

(f) The permittee must provide an outfall of a design approved by the Department which is 

placed in the receiving waters in such a manner that the maximum mixing and dispersion of 

the wastewaters will be achieved as rapidly as possible. 

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

facilities and systems of treatment and control (and related appurtenances) which are installed or used by 

the permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance 

also includes adequate laboratory controls and appropriate quality assurance procedures. This provision 

requires the operation of back-up or auxiliary facilities or similar systems which are installed by a 

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

3. Need to halt or reduce activity not a defense. It shall not be a defense for a permittee in an 

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

maintain compliance with the conditions of this permit. 

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

or sludge use or disposal in violation of this permit which has a reasonable likelihood of adversely 

affecting human health or the environment. 

5. Bypasses. 

(a) Definitions. 

(i) Bypass means the intentional diversion of waste streams from any portion of a treatment 

facility. 

(ii) Severe property damage means substantial physical damage to property, damage to the 

treatment facilities which causes them to become inoperable, or substantial and 

permanent loss of natural resources which can reasonably be expected to occur in the 

absence of a bypass. Severe property damage does not mean economic loss caused by 

delays in production. 

(b) Bypass not exceeding limitations. The permittee may allow any bypass to occur which does 

not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to 

assure efficient operation. These bypasses are not subject to the provisions of paragraphs (c) 

and (d) of this section. 

(c) Notice. 

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

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

Revised July 1, 2002 Page 4 
MAINE POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT 

STANDARD CONDITIONS APPLICABLE TO ALL PERMITS 

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

required in paragraph D(1)(0, below. (24-hour notice). 

(d) Prohibition of bypass. 

(i) Bypass is prohibited, and the Department may take enforcement action against a 

permittee for bypass, unless: 

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

damage; 

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

treatment facilities, retention of untreated wastes, or maintenance during normal 

periods of equipment downtime. This condition is not satisfied if adequate back-up 

equipment should have been installed in the exercise of reasonable engineering 

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

downtime or preventive maintenance; and 

(C) The permittee submitted notices as required under paragraph (c) of this section. 

(ii) The Department may approve an anticipated bypass, after considering its adverse effects, 

if the Department determines that it will meet the three conditions listed above in 

paragraph (d)(i) of this section. 

6. Upsets. 

(a) Definition. Upset means an exceptional incident in which there is unintentional and 

temporary noncompliance with technology based permit effluent limitations because of 

factors beyond the reasonable control of the permittee. An upset does not include 

noncompliance to the extent caused by operational error, improperly designed treatment 

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

improper operation. 

(b) Effect of an upset. An upset constitutes an affirmative defense to an action brought for 

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

paragraph (c) of this section are met. No determination made during administrative review of 

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

final administrative action subject to judicial review. 

(c) Conditions necessary for a demonstration of upset. A permittee who wishes to establish the 

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

operating logs, or other relevant evidence that: 

(i) An upset occurred and that the permiftee can identify the cause(s) of the upset; 

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

(iii) The permittee submitted notice of the upset as required in paragraph D(1)(0 , below. (24 

hour notice). 

(iv) The permittee complied with any remedial measures required under paragraph B(4). 

(d) Burden of proof In any enforcement proceeding the permittee seeking to establish the 

occurrence of an upset has the burden of proof. 

Revised July 1, 2002 Page 5 
MAINE POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT 

STANDARD CONDITIONS APPLICABLE TO ALL PERMITS 

C. MONITORING AND RECORDS 

I. General Requirements. This permit shall be subject to such monitoring requirements as may be 

reasonably required by the Department including the installation, use and maintenance of monitoring 

equipment or methods (including, where appropriate, biological monitoring methods). The permittee 

shall provide the Department with periodic reports on the proper Department reporting form of 

monitoring results obtained pursuant to the monitoring requirements contained herein. 

2. Representative sampling. Samples and measurements taken as required herein shall be representative 

of the volume and nature of the monitored discharge. If effluent limitations are based wholly or partially 

on quantities of a product processed, the permittee shall ensure samples are representative of times when 

production is taking place. Where discharge monitoring is required when production is less than 50%, the 

resulting data shall be reported as a daily measurement but not included in computation of averages, 

unless specifically authorized by the Department. 

3. Monitoring and records. 

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

monitored activity. 

(b) Except for records of monitoring information required by this permit related to the permittee's 

sewage sludge use and disposal activities, which shall be retained for a period of at least five 

years, the permittee shall retain records of all monitoring information, including all 

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

monitoring instrumentation, copies of all reports required by this permit, and records of all 

data used to complete the application for this permit, for a period of at least 3 years from the 

date of the sample, measurement, report or application. This period may be extended by 

request of the Department at any time. 

(c) Records of monitoring information shall include: 

(i) The date, exact place, and time of sampling or measurements; 

(ii) The individual(s) who performed the sampling or measurements; 

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

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

(v) The analytical techniques or methods used; and 

(vi) The results of such analyses. 

(d) Monitoring results must be conducted according to test procedures approved under 40 CFR 

part 136, unless other test procedures have been specified in the permit. 

(e) State law provides that any person who tampers with or renders inaccurate any monitoring 

devices or method required by any provision of law, or any order, rule license, permit 

approval or decision is subject to the penalties set forth in 38 MRSA, §349. 

Revised July 1, 2002 Page 6 
MAINE POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT 

STANDARD CONDITIONS APPLICABLE TO ALL PERMITS 

D. REPORTING REQUIREMENTS 

1. Reporting requirements. 

(a) Planned changes. The permittee shall give notice to the Department as soon as possible of 

any planned physical alterations or additions to the permitted facility. Notice is required only 

when: 

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

determining whether a facility is a new source in 40 CFR 122.29(b); or 

(ii) The alteration or addition could significantly change the nature or increase the quantity of 

pollutants discharged. This notification applies to pollutants which are subject neither to 

effluent limitations in the permit, nor to notification requirements under Section D(4). 

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

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

permit conditions that are different from or absent in the existing permit, including 

notification of additional use or disposal sites not reported during the permit application 

process or not reported pursuant to an approved land application plan; 

(b) Anticipated noncompliance. The permittee shall give advance notice to the Department of 

any planned changes in the permitted facility or activity which may result in noncompliance 

with permit requirements. 

(c) Transfers. This permit is not transferable to any person except upon application to and 

approval of the Department pursuant to 38 MRSA, § 344 and Chapters 2 and 522. 

(d) Monitoring reports. Monitoring results shall be reported at the intervals specified elsewhere 

in this permit. 

(i) Monitoring results must be reported on a Discharge Monitoring Report (DMR) or forms 

provided or specified by the Department for reporting results of monitoring of sludge use 

or disposal practices. 

(ii) If the permittee monitors any pollutant more frequently than required by the permit using 

test procedures approved under 40 CFR part 136 or as specified in the permit, the results 

of this monitoring shall be included in the calculation and reporting of the data submitted 

in the DMR or sludge reporting form specified by the Department. 

(iii) Calculations for all limitations which require averaging of measurements shall utilize an 

arithmetic mean unless otherwise specified by the Department in the permit. 

(e) Compliance schedules. Reports of compliance or noncompliance with, or any progress 

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

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

(f) Twenty-four hour reporting. 

(i) The permittee shall report any noncompliance which may endanger health or the 

environment. Any information shall be provided orally within 24 hours from the time the 

permittee becomes aware of the circumstances. A written submission shall also be 

provided within 5 days of the time the permittee becomes aware of the circumstances. 

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

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

Revised July 1, 2002 Page 7 
MAINE POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT 

STANDARD CONDITIONS APPLICABLE TO ALL PERMITS 

has not been corrected, the anticipated time it is expected to continue; and steps taken or 

planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. 

(ii) The following shall be included as information which must be reported within 24 hours 

under this paragraph. 

(A) Any unanticipated bypass which exceeds any effluent limitation in the permit. 

(B) Any upset which exceeds any effluent limitation in the permit. 

(C) Violation of a maximum daily discharge limitation for any of the pollutants listed by 

the Department in the permit to be reported within 24 hours. 

(iii)The Department may waive the written report on a case-by-case basis for reports under 

paragraph (f)(ii) of this section if the oral report has been received within 24 hours. 

(g) Other noncompliance. The permittee shall report all instances of noncompliance not reported 

under paragraphs (d), (e), and (f) of this section, at the time monitoring reports are submitted. 

The reports shall contain the information listed in paragraph (f) of this section. 

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

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

any report to the Department, it shall promptly submit such facts or information. 

2. Signatory requirement. All applications, reports, or information submitted to the Department shall 

be signed and certified as required by Chapter 521, Section 5 of the Department's rules. State law 

provides that any person who knowingly makes any false statement, representation or certification in any 

application, record, report, plan or other document filed or required to be maintained by any order, rule, 

permit, approval or decision of the Board or Commissioner is subject to the penalties set forth in 38 

MRSA, §349. 

3. Availability of reports. Except for data determined to be confidential under A(9), above, all reports 

prepared in accordance with the terms of this permit shall be available for public inspection at the offices 

of the Department. As required by State law, effluent data shall not be considered confidential. 

Knowingly making any false statement on any such report may result in the imposition of criminal 

sanctions as provided by law. 

4. Existing manufacturing, commercial, mining, and silvicultural dischargers. In addition to the 

reporting requirements under this Section, all existing manufacturing, commercial, mining, and 

silvicultural dischargers must notify the Department as soon as they know or have reason to believe: 

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

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

will exceed the highest of the following "notification levels": 

(i) One hundred micrograms per liter (100 ug/l); 

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

micrograms per liter (500 ug/l) for 2,4-dinitrophenol and for 2-methyl-4,6-dinitrophenol; 

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

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

application in accordance with Chapter 521 Section 4(g)(7); or 

(iv) The level established by the Department in accordance with Chapter 523 Section 5(f). 

Revised July 1, 2002 Page 8 
MAINE POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT 

STANDARD CONDITIONS APPLICABLE TO ALL PERMITS 

(b) That any activity has occurred or will occur which would result in any discharge, on a nonroutine or infrequent basis, of a toxic pollutant which is not limited in the permit, if that 

discharge will exceed the highest of the following "notification levels": 

(i) Five hundred micrograms per liter (500 ug/I); 

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

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

application in accordance with Chapter 521 Section 4(g)(7); or 

(iv) The level established by the Department in accordance with Chapter 523 Section 5(f). 

5. Publicly owned treatment works. 

(a) All POTWs must provide adequate notice to the Department of the following: 

(i) Any new introduction of pollutants into the POTW from an indirect discharger which 

would be subject to section 301 or 306 of CWA or Chapter 528 if it were directly 

discharging those pollutants. 

(ii) Any substantial change in the volume or character of pollutants being introduced into that 

POTW by a source introducing pollutants into the POTW at the time of issuance of the 

permit. 

(iii) For purposes of this paragraph, adequate notice shall include information on (A) the 

quality and quantity of effluent introduced into the POTW, and (B) any anticipated 

impact of the change on the quantity or quality of effluent to be discharged from the 

POTW. 

(b) When the effluent discharged by a POTW for a period of three consecutive months exceeds 

80 percent of the permitted flow, the permittee shall submit to the Department a projection of 

loadings up to the time when the design capacity of the treatment facility will be reached, and 

a program for maintaining satisfactory treatment levels consistent with approved water 

quality management plans. 

E. OTHER REQUIREMENTS 

1. Emergency action - power failure. Within thirty days after the effective date of this permit, the 

permittee shall notify the Department of facilities and plans to be used in the event the primary source of 

power to its wastewater pumping and treatment facilities fails as follows. 

(a) For municipal sources. During power failure, all wastewaters which are normally treated 

shall receive a minimum of primary treatment and disinfection. Unless otherwise approved, 

alternate power supplies shall be provided for pumping stations and treatment facilities. Alternate 

power supplies shall be on-site generating units or an outside power source which is separate and 

independent from sources used for normal operation of the wastewater facilities. 

(b) For industrial and commercial sources. The permittee shall either maintain an alternative 

power source sufficient to operate the wastewater pumping and treatment facilities or halt, reduce 

or otherwise control production and or all discharges upon reduction or loss of power to the 

wastewater pumping or treatment facilities. 

Revised July 1, 2002 Page 9 
MAINE POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT 

STANDARD CONDITIONS APPLICABLE TO ALL PERMITS 

2. Spill prevention. (applicable only to industrial sources) Within six months of the effective date of 

this permit, the permittee shall submit to the Department for review and approval, with or without 

conditions, a spill prevention plan. The plan shall delineate methods and measures to be taken to prevent 

and or contain any spills of pulp, chemicals, oils or other contaminates and shall specify means of 

disposal and or treatment to be used. 

3. Removed substances. Solids, sludges trash rack cleanings, filter backwash, or other pollutants 

removed from or resulting from the treatment or control of waste waters shall be disposed of in a manner 

approved by the Department. 

4. Connection to municipal sewer. (applicable only to industrial and commercial sources) All 

wastewaters designated by the Department as treatable in a municipal treatment system will be cosigned 

to that system when it is available. This permit will expire 90 days after the municipal treatment facility 

becomes available, unless this time is extended by the Department in writing. 

F. DEFINITIONS. For the purposes of this permit, the following definitions shall apply. Other 

definitions applicable to this permit may be found in Chapters 520 through 529 of the Department's rules 

Average means the arithmetic mean of values taken at the frequency required for each parameter over the 

specified period. For bacteria, the average shall be the geometric mean. 

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

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

by the number of daily discharges measured during that month. Except, however, bacteriological tests 

may be calculated as a geometric mean. 

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

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

the number of daily discharges measured during that week. 

Best management practices ("BMPs") means schedules of activities, prohibitions of practices, 

maintenance procedures, and other management practices to prevent or reduce the pollution of waters of 

the State. BMPs also include treatment requirements, operating procedures, and practices to control plant 

site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage. 

Composite sample means a sample consisting of a minimum of eight grab samples collected at equal 

intervals during a 24 hour period (or a lesser period as specified in the section on monitoring and 

reporting) and combined proportional to the flow over that same time period. 

Continuous discharge means a discharge which occurs without interruption throughout the operating 

hours of the facility, except for infrequent shutdowns for maintenance, process changes, or other similar 

activities. 

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

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

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

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

is calculated as the average measurement of the pollutant over the day. 

Revised July 1, 2002 Page 10 
MAINE POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT 

STANDARD CONDITIONS APPLICABLE TO ALL PERMITS 

Discharge Monitoring Report ("DMR") means the EPA uniform national form, including any 

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

permittees. DMRs must be used by approved States as well as by EPA. EPA will supply DMRs to any 

approved State upon request. The EPA national forms may be modified to substitute the State Agency 

name, address, logo, and other similar information, as appropriate, in place of EPA's. 

Flow weighted composite sample means a composite sample consisting of a mixture of aliquots 

collected at a constant time interval, where the volume of each aliquot is proportional to the flow rate of 

the discharge. 

Grab sample means an individual sample collected in a period of less than 15 minutes. 

Interference means a Discharge which, alone or in conjunction with a discharge or discharges from other 

sources, both: 

(1) Inhibits or disrupts the POTW, its treatment processes or operations, or its sludge processes, 

use or disposal; and 

(2) Therefore is a cause of a violation of any requirement of the POTW's NPDES permit 

(including an increase in the magnitude or duration of a violation) or of the prevention of 

sewage sludge use or disposal in compliance with the following statutory provisions and 

regulations or permits issued thereunder (or more stringent State or local regulations): Section 

405 of the Clean Water Act, the Solid Waste Disposal Act (SWDA) (including title II, more 

commonly referred to as the Resource Conservation and Recovery Act (RCRA), and 

including State regulations contained in any State sludge management plan prepared pursuant 

to subtitle D of the SWDA), the Clean Air Act, the Toxic Substances Control Act, and the 

Marine Protection, Research and Sanctuaries Act. 

Maximum daily discharge limitation means the highest allowable daily discharge. 

New source means any building, structure, facility, or installation from which there is or may be a 

discharge of pollutants, the construction of which commenced: 

(a) After promulgation of standards of performance under section 306 of CWA which are 

applicable to such source, or 

(b) After proposal of standards of performance in accordance with section 306 of CWA 

which are applicable to such source, but only if the standards are promulgated in accordance 

with section 306 within 120 days of their proposal. 

Pass through means a discharge which exits the POTW into waters of the State in quantities or 

concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a 

cause of a violation of any requirement of the POTW's NPDES permit (including an increase in the 

magnitude or duration of a violation). 

Permit means an authorization, license, or equivalent control document issued by EPA or an approved 

State to implement the requirements of 40 CFR parts 122, 123 and 124. Permit includes an NPDES 

general permit (Chapter 529). Permit does not include any permit which has not yet been the subject of 

final agency action, such as a draft permit or a proposed permit. 

Person means an individual, firm, corporation, municipality, quasi-municipal corporation, state agency, 

federal agency or other legal entity. 

Revised July 1, 2002 Page 11 
MAINE POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT 

STANDARD CONDITIONS APPLICABLE TO ALL PERMITS 

Point source means any discernible, confined and discrete conveyance, including, but not limited to, any 

pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal 

feeding operation or vessel or other floating craft, from which pollutants are or may be discharged. 

Pollutant means dredged spoil, solid waste, junk, incinerator residue, sewage, refuse, effluent, garbage, 

sewage sludge, munitions, chemicals, biological or radiological materials, oil, petroleum products or 

byproducts, heat, wrecked or discarded equipment, rock, sand, dirt and industrial, municipal, domestic, 

commercial or agricultural wastes of any kind. 

Process wastewater means any water which, during manufacturing or processing, comes into direct 

contact with or results from the production or use of any raw material, intermediate product, finished 

product, byproduct, or waste product. 

Publicly owned treatment works ("POTW") means any facility for the treatment of pollutants owned 

by the State or any political subdivision thereof, any municipality, district, quasi-municipal corporation or 

other public entity. 

Septage means, for the purposes of this permit, any waste, refuse, effluent sludge or other material 

removed from a septic tank, cesspool, vault privy or similar source which concentrates wastes or to which 

chemicals have been added. Septage does not include wastes from a holding tank. 

Time weighted composite means a composite sample consisting of a mixture of equal volume aliquots 

collected over a constant time interval. 

Toxic pollutant includes any pollutant listed as toxic under section 307(a)(1) or, in the case of sludge use 

or disposal practices, any pollutant identified in regulations implementing section 405(d) of the CWA. 

Toxic pollutant also includes those substances or combination of substances, including disease causing 

agents, which after discharge or upon exposure, ingestion, inhalation or assimilation into any organism, 

including humans either directly through the environment or indirectly through ingestion through food 

chains, will, on the basis of information available to the board either alone or in combination with other 

substances already in the receiving waters or the discharge, cause death, disease, abnormalities, cancer, 

genetic mutations, physiological malfunctions, including malfunctions in reproduction, or physical 

deformations in such organism or their offspring. 

Wetlands means those areas that are inundated or saturated by surface or ground water at a frequency and 

duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation 

typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, 

and similar areas. 

Whole effluent toxicity means the aggregate toxic effect of an effluent measured directly by a toxicity 

test. 

Revised July 1, 2002 Page 12