### STATE OF MAINE Department of Environmental Protection

Paul R. LePage GOVERNOR 

### Mr. Gene Francis Passamaquoddy Tribal Council P.O. Box 343 Perry, Maine 04467 Patricia W. Aho COMMISSIONER 

### June 5, 2014

RE: Maine Pollutant Discharge Elimination System (NIEPDES) Permit #ME0100773 Maine Waste Discharge License (WDL) Application #W002561-6C-D-M Final Minor Revision Dear Mr. Francis: Enclosed please find a copy of your final MEPDES permit and Maine WDL minor revision 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 287-7693. Sincerely,

Gregg Wood Division of Water Quality Management Bureau of Land and Water Quality
Enc. cc: Clarissa Trasko, DEP/EIVIRO Sandy Mojica, USEPA
AUGUSTA 17 STATE HOUSE STATION BANGOR PORTLAND PRESQUE ISLE AUGUSTA, MAINE 04333-0017 106 HOGAN ROAD 312 CANCO ROAD 1235 CENTRAL. DRIVE, SKYWAY PARK (207) 287-3901 FAX: (207) 287-3435 BANGOR, MAINE 04401 PORTLAND, MAINE 04103 PRESQUE ISLE, MAINE 04769-2094 RAY BLDG., HOSPITAL ST. (207) 941-4570 FAX: (207) 941-4584 (207) 822-6300 FAX: (207) 822-6303 (207) 764-6477 FAX: (207) 764-1507 web site: www.mainagoviclep

### STATE OF MAINE DEPARTMENT OF ENVIRONMENTAL PROTECTION

17 STATE HOUSE STATION AUGUSTA, ME 04333 DEPARTMENT ORDER IN THE MATTER OF PASSAMAQUODDY TRIBAL COUNCIL PERRY, WASHINGTON COUNTY, MAINE PUBLICLY OWNED TREATMENT WORKS ME0100773 W002561-6C-D-M APPROVAL ) MAINE POLLUTANT DISCHARGE ) ELIMINATION SYSTEM PERMIT

AND ) WASTE DISCHARGE LICENSE MINOR REVISION Pursuant to the provisions of the Federal Water Pollution Control Act, Title 33 USC, Section 1251, et. seq. and Conditions of Licenses, 38 M.R.S.A., Section 414-A et seq., and applicable regulations, the Department of Environmental Protection (Department hereinafter) has considered a request by the PASSAMAQUODDY TRIBAL COUNCIL (PTC/permittee hereinafter) to modify Maine Pollutant Discharge Elimination System (MEPDES) permit #ME0100773/Maine Waste Discharge License (WDL) #W002561-6C-C-R (permit hereinafter) last issued by the Department on December 10, 2012, for a five-year term. With its supportive data, agency review comments, and other related material on file the Department FINDS THE FOLLOWING FACTS: MINOR REVISION REQUESTED The permittee has requested the Department modify the December 10, 2012, permit to limit fecal coliform bacteria seasonally from May 15 — September 30 rather than on year-round based on a recommendation from the Maine Department of Resources (DMR). The DIVIR has determined the prohibited area that surrounds the plant is sufficient to account for non-chlorinated effluent.

### 'v1E0100773 MINOR REVISION Page 2 of 5

W002561-6C-D-M
CONCLUSIONS BASED on the findings on page one of this permit and subject to the Conditions listed below, the Department makes the following CONCLUSIONS:
1. The discharge, either by itself or in combination with other discharges, will not lower the quality of any classified body of water below such classification.
2. The discharge, either by itself or in combination with other discharges, will not lower the quality of any unclassified body of water below the classification which the Department expects to adopt in accordance with state law. 3 The provisions of the State's antidegradation policy, 38 MRSA Section 464(4)(F), will be met, in that: (a) Existing in-stream water uses and the level of water quality necessary to protect and maintain those existing uses will be maintained and protected; (b) Where high quality waters of the State constitute an outstanding natural resource, that water quality will be maintained and protected; (c) The standards of classification of the receiving water body are met or not met, the discharge will not cause or contribute to the failure of the water body to meet the standards of classification; (d) Where the actual quality of any classified receiving water body exceeds the minimum standards of the next highest classification, that higher water quality will be maintained and protected; and (e) Where a discharge will result in lowering the existing quality of any water body, the Department has made the finding, following opportunity for public participation, that this action is necessary to achieve important economic or social benefits to the State.
4. The discharge will be subject to effluent limitations that require application of best practicable treatment.

### Date of application acceptance: June 2, 2014 

# Filed JUN 1 1 2014
State of Maine 

### Date filed with Board of Environmental Protection Board of Environmental Protection 

### ME0100773 MINOR REVISION Page 3 of 5 W002561-6C-D-M
ACTION THEREFORE, the Department APPROVES the above noted request by the PASSAMAQUODDY TRIBAL COUNCIL to modify MFPDES permit #ME0100773/WDL #W002561-6C-C-R last issued by the Department on December 10, 2012, SUBJECT TO THE FOLLOWING CONDITIONS, and all applicable standards and regulations including:
1. "Maine Pollutant Discharge Elimination System Permit Standard Conditions Applicable To All Permits," revised July 1, 2002, copy attached to MEPDES permit #ME0100773/WDL #W002561- 6C-C-R last issued by the Department on December 10, 2012.
2. The attached Special Conditions, including any effluent limitations and monitoring requirements. 3. All terms and conditions of MEPDES permit #ME0100773/WDL #W002561-6C-C-R last issued by the Department on December 10, 2012, not modified by this permitting action remain in effect and enforceable.
4. This minor revision becomes effective upon the date of signature below and expires at midnight on December 10, 2017. If a renewal application is timely submitted and accepted as complete for processing prior to the expiration of the this permit, the terms and conditions of the this permit and all subsequent modifications and minor revisions thereto remain in effect until a final Department decision on the renewal application becomes effective. [Maine Administrative Procedure Act, 5 M.R.S.A. § 10002 and Rules Concerning the Processing of Applications and Other Administrative Matters, 06-096 CMR 2(21)(A) (effective April 1, 2003)]. PLEASE NOTE Al "I ACHED SHEET FOR GUIDANCE ON APPEAL PROCEDURES DONE AND DATED AT AUGUSTA, MAINE, THIS 

### O'DAY OF 2014.
DEPARTMENT OF ENVIRONMENTAL PROTECTION
BY: For Patricia W. Aho, Commissioner Date of initial receipt of application: June 2, 2014

This Order prepared by Gregg Wood, BUREAU OF LAND & WATER QUALITY
ME0100773 MR 2014 6/2/14ME0100773 MINOR REVISION Page 4 of 5

W002561-6C-D-M
SPECIAL CONDITIONS A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS The permittee is authorized to discharge secondary treated waste waters to the Passamaquoddy Bay. Such treated waste water discharges shall be limited and monitored by the permittee as specified below. The italicized numeric values bracketed in the table below are code numbers that Department personnel utilize to code the monthly Discharge Monitoring Reports. OUTFALL #001 Effluent Characteristic Discharge Limitations Minimum Monitoring Requirements Monthly Average Weekly

Average Daily

Maximum Monthly

Average Weekly

Average Daily

Maximum Measurement

Frequency Sample Type Flow (50050( 0.150 MGD [03/ --- Report (MGD) 1031 --- --- - Continuous 199/991 Recorder iRci Biochemical Oxygen Demand (BODO 1003101 38 lbs/Day 1261 56 lbs/Day 1261 62 lbs/Day [26] 30 mg/L 1191 45 mg/L /Iv 50 mg/L 119J 1/Month 101 , 301 Composite /2./j

BOD 5 % Removal (1)

[830101 --- --- --- 85 %1231 --- -- 1/Month101,30/ CalculateicA) Total Suspended Solids (TSS) [005301 38 lbs/Day 1261 56 lbs/Day f261 62 Ibs/Day /26/ 30 mg/L 1191 45 mg/L im 50 mg/L 119( 1/Month 10p30i Composite 124

. 1

TSS % Removal (1)

[830111 --- --- --- 85%123/ --- --- 1/Month/ 0//30/ CalculateicA/ Settleable Solids [00545/ — --- --- --- --- 0.3 ml/L /as/ 1/Week /01/071 Grab [(3111 Fecal coliform bacteria (2) --- --- --- 15/100 ml [ pi --- 50/100 ml 1131 1/Month 101/30] Grab [oRj 1316331 (May 15 — Sept. 30)) Total Residual Chlorine (3) 1500601 --- -- --- --- 0.3 mg/L 091 3/Week /93,07/ Grab iGN
pH (Std. Units) [90459( — --- --- 6.0-9.0 [/2/ 5/Week (05/071 Grab far/

### ME0100773 MINOR REVISION Page 5 of 5

W002561-6C-D-M
SPECIAL CONDITIONS A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS Sampling Locations: Influent sampling for BOD 5 and TSS shall be sampled prior to preliminary treatment. Effluent sampling shall be sampled for all parameters at the end of the chlorine contact chamber on a year-round basis. Any change in sampling location(s) must be reviewed and approved by the Department in writing. Sampling - Sampling and analysis must be conducted in accordance with; a) methods approved in 40 Code of Federal Regulations (CFR) Part 136, b) alternative methods approved by the Department in accordance with the procedures in 40 CFR Part 136, or c) as otherwise specified by the Department. Samples that are sent out for analysis shall be analyzed by a laboratory certified by the State of Maine's Department of Human Services. Samples that are sent to another POTW licensed pursuant to Waste discharge licenses, 38 M.R.S.A. § 413 or laboratory facilities that analyze compliance samples in-house are subject to the provisions and restrictions of Maine Comprehensive and Limited Environmental Laboratory Certcation Rules, 10-144 CMR 263 (last amended February 13, 2000). All analytical test results shall be reported to the Department including results which are detected below the respective reporting limits (RLs) specified by the Department or as specified by other approved test methods. 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 ("3" flagged) is not acceptable and will be rejected by the Department. Reporting analytical data and its use in calculations must follow established Department guidelines specified in this permit or in available Department guidance documents, 1 . Percent removal - The treatment facility shall maintain a minimum of 85 percent removal of both BOD 5

and TSS. The percent removal shall be based on a monthly average calculation using influent and effluent concentrations. The percent removal shall be waived when the monthly average influent concentration is less than 200 mg/L. For instances when this occurs, the facility shall report "NODI-9" on the monthly Discharge Monitoring Report. 2. Fecal conform bacteria - Limits are in effect.between May 15 — September 30of each year to protect the health and welfare of the public. The monthly average limitation is a geometric mean limitation and shall be calculated and reported as such.

# 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: (1) 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(1) 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 Powers, 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: OC F/90 -1 /r95/r98/119/r0 0/04/r1 2Appealing a Commissioner's Licensing Dadslon 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 I . 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/90-1/r/95/r98/r99/r001041r12Appealing a Commissioner's Licensing Decision March 2012 Page 3 of 3 H. 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.

OCF/90-1/r/95/r98/r991r00/r04/r12