Page 1 of 29 Permit No. WA0040851

Issuance Date: September 12, 2007 Effective Date: July 1, 2008 Expiration Date: June 30, 20 13 Modification Date: March 10, 2010

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM WASTE DISCHARGE PERMIT NO . WA 0040851

State of Washington DEPARTMENT OF ECOLOGY Olympia, Washington 98504

- 7600

In compliance with the provisions of The State of Washington Water Pollution Control Law Chapter 90.48 Revised Code of Washington

and The Federal Water Po llution Control Act (The Clean Water Act) Title 33 United States Code, Section 1251 et seq.

Steelscape, Inc. Pacific Northwest Flat Products Facility 222 West Kalama River Road Kalama, Washington 98625

Facility Location

222 West Kalama River Road Kalama, Washington
Water Body I.D. No.
WA

- CR

- 1010 Outfall 001
Receiving Water

Columbia River @ RM 72.2
Discharge Location

Latitude: 46 02' 40" N Longitude: 122 52' 30" W
Industry Type

Cold

- Rolled and Steel Sheet, Strip, and Bars

Standard Industrial Classification Number:

3316 Outfall 002
Discharge Location :

Latitude: 46 02' 40" N Longitude: 122 52' 30" W

is authorized to discharge in accordance with the special and general conditions which follow.

Garin Schrieve , P.E. Southwest Region Manager Water Quality Program Department of EcologyPage 2 of 29 Permit No. WA0040851

TABLE OF CONTENTS

SUMMARY OF PERMIT REPORT SUBMITTALS

................................ ................................ .................. 4

SPECIAL CONDITIONS

S1. MONITORING SCHEDULE AND DISCHARGE LIMITATIONS

................................ .............. 6 A. Process Wastewater Discharge to the Columbia River
B. Mixing Zone Descriptions C. Process Wastewater Discharge to Land
D. Sampling and Analytical Procedures
E. Flow Measurement
F. Laborator y Accreditation

S2. REPORTING AND RECORDKEEPING REQUIREMENTS

................................ ..................... 10
A. Reporting
B. Records Retention C. Recording of Results
D. Additional Monitoring by the Permittee
E. Noncompliance Notification
F. Maintaining a Copy of This Permit

S3. OPERATION AND MAINTENANCE

................................ ................................ ......................... 12
A. Operations and Maintenance Manual
B. Bypass Procedures C. Duty to Mitigate

S4. SOLID WASTE DISPOSAL

................................ ................................ ................................ ......... 14 A. Solid Waste Handling
B. Leachate C. Solid Waste Control Plan

S 5

. SPILL PLAN

................................ ................................ ................................ ................................ . 15

S 6

. ACUTE TOXICITY

................................ ................................ ................................ ...................... 15 A. Effluent Limit for Acute Toxicity
B. Monitoring for Compliance With an Effluent Limit for Acute Toxicity C. Response to Noncompliance with an Effluent Limit for Acute Toxicity
D. Sampling and Reporting Requirements

S 7

. CHRONIC TOXICITY

................................ ................................ ................................ .................. 18 A. Effluent Characterization
B. Effluent Limit for Chronic Toxicity C. Monitoring for Compliance with an Effluent Limit for Chronic Toxicity
D. Response to Noncompliance with an Effluent Limit for Chronic Toxicity
E. Monitoring When There Is No Permit Limit for Chronic Toxicity
F. Sampling and Reporting Requirements

S 8

. OUTFALL EVALUATION

................................ ................................ ................................ .......... 22 Modification Date: March 10, 2010Page 3 of 29 Permit No. WA0040851

GENERAL CONDITIONS

................................ ................................ ................................ ...................... 23 G1. SIGNATORY REQUIREMEN TS

................................ ................................ ................................ . 23 G2. RIGHT OF INSPECTION AND ENTRY

................................ ................................ ..................... 23 G3. PERMIT ACTIONS

................................ ................................ ................................ ....................... 24 G4. REPORTING PLANNED CH ANGES

................................ ................................ .......................... 25 G5. PLAN REVIEW REQUIRED

................................ ................................ ................................ ....... 25 G6. COMPLIANCE WITH OTHE R LAWS AND STATUTES

................................ ......................... 26 G7. DUTY TO REAPPLY

................................ ................................ ................................ ................... 26 G8. TRANSFER OF THIS PER MIT

................................ ................................ ................................ ... 26 G9. REDUCED PRODUCTION F OR COMPLIANCE

................................ ................................ ...... 26 G10. REMOVED SUBSTANCES

................................ ................................ ................................ ......... 27 G11. DUTY TO PROVIDE INFO RMATION

................................ ................................ ....................... 27 G12. OTHER REQUIREMENTS O F 40 CFR

................................ ................................ ....................... 27 G13. ADDITIONAL MONITORIN G

................................ ................................ ................................ .... 27 G14. PAYMENT OF FEES

................................ ................................ ................................ .................... 27 G15. PENALTIES FOR VIOLAT ING PERMIT CONDITION S

................................ .......................... 27 G16. UPSET

................................ ................................ ................................ ................................ ........... 27 G17. PROPERTY RIGHTS

................................ ................................ ................................ .................... 28 G18. DUTY TO COMPLY

................................ ................................ ................................ .................... 28 G19. TOXIC POLLUTANTS

................................ ................................ ................................ ................. 28 G20. PENALTIES FOR TAMPER ING

................................ ................................ ................................ . 28 G21. REPORTING ANTICIPATE D NON

- COMPLIANCE

................................ ................................ . 28 G22. REPORTING OTHER INFO RMATION

................................ ................................ ...................... 29 G23. REPORTING REQUIREMEN TS APPLICABLE TO EXI STING MANUFACTURING, COMMERCIAL, MINING, AND SILVICULTURAL DI SCHARGERS

................................ .... 29 G24. COMPLIANCE SCHEDULES

................................ ................................ ................................ ..... 29Page 4 of 29 Permit No. WA0040851

SUMMARY OF PERMIT RE PORT SUBMITTALS

Refer to the Special and General Conditions of this permit for additional submittal requirements.

Permit Section Submittal Frequency First Submittal Date

S 2 .A Discharge Monitoring Report Monthly August 15, 2008

S 2 .E Noncompliance Notification As necessary

S 3 .A Modification to Operations and

Maintenance Manual As necessary

S 3 .B Reporting Bypasses As necessary

S 4 .C Modification to Solid Waste Control Plan As necessary

S 5

. Modification to Spill Plan A s necessary

S 6

. B Acute Toxicity Compliance Monitoring Reports 60 days after each subsequent sampling

event

S 6

. C Acute Toxicity: “Causes and Preventative Measures for Transient Events.” As necessary

S 6

. C Acute Toxicity TI/TRE Plan As necessary

S 7 .A Chronic Toxicity Characterization Data 60 days after each subsequent sampling

event

S 7 .A Chronic Toxicity Tests Characterization

Summary Report 1/permit cycle 90 days following the last characterization sampling

event

S 7 .C Chronic Toxicity Compliance Monitoring Reports 60 days after each subsequent sampling

event

S 7 .D Chronic Toxicity: “Causes and Preventative

Measures for Transient Events.” As necessary

S 7 .D Chronic Toxicity TI/TRE Plan As necessary

S 7 .E Chronic Toxicity Effluent Characterization with Permit Renewal Application 2/permit cycle Once in the Last Summer & Once in the Last Winter Prior to Submission of the Renewal Application

Modification Date: March 10, 2010Page 5 of 29 Permit No. WA0040851

S 8

. Outfall Evaluation 1 /permit cycle December 31, 20 11

G1. Notice of Change in Authorization As necessary

G4. Permit Application for Substantive Changes to the Discharge As necessary

G5. Engineering Report for Construction or Modification Activities As necessary

G7. Application for Permit Renewal 1/permit cycle December 31, 20 11

G8 Notice of Permit Transfer As necessary

G21 Reporting Anticipated Non

- compliance As necessary

G22. Reporting Other Information As necessaryPage 6 of 29 Permit No. WA0040851

SPECIAL CONDITIONS

S1. MONITORING SCHEDULE AND DISCHARGE LIMITATIONS

All discharges and activities authorized by this permit shall be consistent with the terms and conditions of this permit.

The discharge of any of the following pollutants more frequently than, or at a level in excess of, that identified and authorized by this permit shall constitute a violation of the terms and conditions of this permit.

A. Process Wastewater Discharge to the Columbia River , Outfall 001

Beginning on the effective date of this permit and lasting through the expiration date, the Permittee is authorized to discharge treated industrial wastewater at the permitted location subject to complying with the following monitoring schedule and limitat ions:

Category Sample

Point of Final Effluent Parameter Units 1 1 Average Monthly a Maximum

Daily b Minimum

Sampling Frequency Sample

Type

Treated Industrial
Wastewater WTP Flow Millions of gallons per day (mgd) N/A 0.18 Contin uo us 2

2 Metered

and Recorded

Treated Industrial
Wastewater WTP pH Standar d Units (S.U.) Within the range of 6.0

to 9.0 Contin uo us 2 Metered and Recorded

Treated Industrial
Wastewater WTP Total Suspended Solids (TSS) k g/day 11 23 Once a week 2

- hour

Composite

Treated Industrial
Wastewater WTP Oil & Grease (O&G) kg/day 4.6 11 Once a week Grab

Treated Industrial
Wastewater WTP Temperature Degree Celsius (°C) N/A 35 Continuous Metered and Recorded

1 Units in this column are for values in two columns to the right from the units column.

2 Continuous means uninterrupted except for brief lengths of time for calibration, power failure, or for unanticipated equipment repair or maintenance. Sampling shall be taken (DESCRIBE FREQUENCY) when continuous monitoring is not possible. Modification Date: March 10, 2010Page 7 of 29 Permit No. WA0040851

Treated Industrial
Wastewater WTP Arsenic, total recoverable μg/L 2.4 4.8 Once a week 24

- hour

Composite

Treated Industrial
Wastewater WTP Chromium, total recoverable kg /day 0.019 0.047 Once a week 24

- hour

Composite

Treated Industrial
Wastewater WTP Hexavalent chromium, total recoverable kg/day 0.0090 0.027 Once a week 24

- hour

Composite

Treated Industrial
Wastewater WTP Copper, total recoverable kg/day 0.031 0.065 Once a week 24

- hour

Composite

Treated Industrial
Wastewater WTP Cyanide kg/day 0.004 0.010 Once a week Grab

Treated Industrial
Wastewater WTP Iron, total recoverable kg/day 0.03 3 0.06 3 Once a week 24

- hour

Composite

Treated Industrial
Wastewater WTP Lead, total recoverable kg/day 0.045 0.14 Once a week 24

- hour

Composite

Treated Industrial
Wastewater WTP Nickel, total recoverable kg/day 0.0082 0.025 Once a week 24

- hour

Composite

Treated Industrial
Wastewater WTP Zinc, total recoverable kg/day 0.13 0.34 Once a week 24

- hour

Composite

Treated Industrial
Wastewater WTP Naphthalene kg/day N/A 0.0022 Once a week Grab

Treated Industrial
Wastewater WTP Tetrachloro ethylene kg/day N/A 0.0031 Once a week Grab

Treated Industrial
Wastewater WTP Chloride mg/L Report Report Monthly Grab

3 Compliance with the limit is c alculated based on the paint lin e industrial wastewater flow.Page 8 of 29 Permit No. WA0040851

Treated Industrial
Wastewater WTP Total Dissolved Solids (TDS) mg/L Report Report Monthly Grab

Un t reated Industrial
Wastewater Paint

Li n e Flow mgd N/A N/A

Acute Whole Effluent Toxicity WTP Acute toxicity Testing See S6

. No acute toxicity detected in a test concentration representing the acute critical effluent concentration (ACEC), 2.2.percent of the effluent Quarterly Grab

Chronic Whole Effluent Toxicity WTP Chronic Toxicity Testing See S7. There also may be an

additional effluent limit in section S7. Chronic Toxicity Semi

annually Grab

a. The average monthly effluent limitation is defined as the highest allowable average of daily discharges over a calendar month, calculated as the sum of all daily discharges measured during a cale ndar month divided by the number of daily discharges measured during that month.
b. The maximum daily effluent limitation is defined as the highest allowable daily discharge. The daily discharge means the discharge of a pollutant measured during a calendar day. For pollutants with limitation expressed in units of ma ss, the daily discharge is calculated as the total mass of the pollutant discharged over the day. Minimum and maximum of instantaneous measurements for pH during the day are compared to 6.0 and 9.0 respectively.

c. Periodic analyses for cyanide are not required when both of the following conditions are met:

(1) The first wastewater sample taken in each calendar year has been analyzed and found to contain less than 0.07 mg/L cyanide.

(2) The owner or operator of the coil coating facility certifies in writing to E cology that cyanide is not used in the coil coating process.

B. Mixing Zone Descriptions

The maximum boundaries of the mixing zones are defined as follows:

The maximum size of the chronic mixing zone (edge or chronic criteria exceedance zone) is approxim ately 97 meters downstream and 30 meters upstream of the outfall diffuser. The chronic dilution factor 97 meters downstream of the diffuser is 150 (aquatic life and human health). The dilution factor at the edge of the acute criteria exceedance zone (9.7 meters downstream of the diffuser) is 46 (aquatic life).

Modification Date: March 10, 2010Page 9 of 29 Permit No. WA0040851

Mixing zones are not authorized for the following pollutants:

1. 4,4’

- DDE

2. Ammonia

- N

3. Arsenic, inorganic

4. Bis(2

- ethylehexyl) phthalate

5. Dieldrin

6. Dioxin

7. Total PCBs

8. Total dissolved gas

C. Process Wastewater Discharge to Land , Outfall #002

Beginning on the effective date and lasting through the expiration date of this permit, the Permittee is authorized to apply uniformly the treated industrial wastewater to land as dust suppressant over 24 acres of the following designated land :

The site is on Port of Kalama property, bordered by Burlington Northern Railroad to the east, West Kalama River Road to the south, the Columbia River to the west, and Port of Kalama domestic sewage treatment plant (POTW) to the north. The legal descriptio n of the site is Section 31, Township 7N, Range 1 W; Section 36, Township 7N, Range 2W, Willamette Meridian. Steelscape is sharing an outfall with the POTW.
Discharges shall be subject to the following limitations:

EFFLUENT LIMITATIONS: OUTFALL #002

Parameter Maximum

Seasonal a Maximum Daily b Maximum Sampling Frequency Sample Type

Flow, gallons 183,000 1,500 Continuous Metered & Recorded

a The maximum seasonal effluent limitation is defined as the highest allowable seasonal discharge during June through September.

b The maximum daily effluent limitation is defined as the highest allowable daily discharge. The daily discharge means the dis charge of a pollutant measured during a calendar day. 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.

D

. Sampling and Analytical Procedures

Samples and measurements taken to meet the requirements of this permit shall be representative of the volume and nature of the monitored parameters, including representative sampling of any unusual discharge or discharge condition, including bypasses, upse ts, and maintenance

- related conditions affecting effluent quality.

Sampling and analytical methods used to meet the monitoring requirements specified in this permit shall conform to the latest revision of the Guidelines Establishing TestPage 10 of 29 Permit No. WA0040851

Procedures for the Analysis of Pollutants contained in 40 Code of Federal Regulations (CFR) Part 136 or to the latest revision of Standard Methods for the Examination of Water and Wastewater (APHA), unless otherwise specified in this permit or approved in writing by the Department of Ecology (Department).

E. Flow Measurement

Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the quantity of monitored flows. The devices shall be installed, calibrated, and maintained to ensure that the accuracy of the measurements are consistent with the accepted industry standard f or that type of device. Frequency of calibration shall be in conformance with manufacturer's recommendations and at a minimum frequency of at least one calibration per year. Calibration records shall be maintained for at least three

years.

F

. Laboratory Accreditation

All monitoring data required by the Department shall be prepared by a laboratory registered or accredited under the provisions of, Accreditation of Environmental Laboratories , Chapter 173

- 50 Washington Administrative Code (WAC) . Flow, temper ature, settleable solids, conductivity, pH, turbidity, and internal process control parameters are exempt from this requirement. Conductivity and pH shall be accredited if the laboratory must otherwise be registered or accredited. The Department exempts crops, soils, and hazardous waste data from this requirement pending accreditation of laboratories for analysis of these media.

S 2

. REPORTING AND RECORDKEEPING REQUIREMENTS

The Permittee shall monitor and report in accordance with the following conditions. The falsification of information submitted to the Department shall constitute a violation of the terms and conditions of this permit.

A. Reporting

The first monitoring period begins on the effective date of the permit. Monitoring results shall be submit ted monthly. Monitoring data obtained during each monitoring period shall be summarized, reported, and submitted on a Discharge Monitoring Report (DMR) form provided, or otherwise approved, by the Department. DMR forms shall be postmarked or received no later than the 15th day of the month following the completed monitoring period, unless otherwise specified in this permit. Unless otherwise specified, all toxicity test data shall be submitted within 60 days after the sample date. The reports shall be se nt to :

Industrial Unit Permit Coordinator

Department of Ecology Southwest Region Office
P.O. Box 47775 Olympia, WA 98504

- 7775Page 11 of 29 Permit No. WA0040851

All laboratory reports providing data for organic and metal parameters shall include the following information: sampling date, sample location, date of analysis, parameter name, CAS number, analytical method/ number, method detection limit (MDL), laboratory practical quantitation limit (PQL), reporting units, and concentration detected.

Discharge Monitoring Report forms must be submitted monthly whether or not the facility was discharging. If there was no discharge during a given monitoring period, submit the form as required with the words "no discharge" entered in place of the monitoring results.

B. Records Retention

The P ermittee shall retain records of all monitoring information for a minimum of three years. Such information shall include all calibration and maintenance records and all original recordings for continuous monitoring instrumentation, copies of all reports

r equired by this permit, and records of all data used to complete the application for this permit. This period of retention shall be extended during the course of any unresolved litigation regarding the discharge of pollutants by the Permittee or when requ ested by the Director.

C. Recording of Results

For each measurement or sample taken, the Permittee shall record the following information: (1) the date, exact place, method, and time of sampling or measurement; (2) the individual who performed the samplin g or measurement; (3) the dates the analyses were performed; (4) the individual who performed the analyses; (5) the analytical techniques or methods used; and (6) the results of all analyses.

D. Additional Monitoring by the Permittee

If the Permittee moni tors any pollutant more frequently than required by this permit using test procedures specified by Condition S 1 of this permit, then the results of this monitoring shall be included in the calculation and reporting of the data submitted in the Permittee's DMR.

E. Noncompliance Notification

In the event the Permittee is unable to comply with any of the terms and conditions of this permit due to any cause, the Permittee shall:

1. Immediately take action to stop, contain, and clean up unauthorized discharges o r otherwise stop the noncompliance, correct the problem and, if applicable, repeat sampling and analysis of any noncompliance immediately and submit the results to the Department within 30 days after becoming aware of the violation.

2. Immediately notify t he Department of the failure to comply.Page 12 of 29 Permit No. WA0040851

3. Submit a detailed written report to the Department within 30 days (five days for upsets and bypasses), unless requested earlier by the Department. The report shall contain a description of the noncompliance, incl uding exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and the steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance.

Compliance with these require ments does not relieve the Permittee from responsibility to maintain continuous compliance with the terms and conditions of this permit or the resulting liability for failure to comply.

F. Maintaining a Copy of This Permit

A copy of this permit must be kept a t the facility and be made available upon request to Department inspectors.

S 3

. OPERATION AND MAINTE NANCE

The Permittee shall, at all times, properly operate and maintain all facilities or systems of treatment and control (and related appurtenances) which are installed to achieve compliance with the terms and conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of back

- up o r auxiliary facilities or similar systems, which are installed by a Permittee only when the operation is necessary to achieve compliance with the conditions of this permit.

A. Operations and Maintenance Manual

An Operations and Maintenance (O&M) Manual is required to operate the industrial wastewater treatment facility, WAC 173

- 240

- 150

. Substantial changes or updates to the O&M Manual shall be submitted to the Department for review and approval whenever they are incorporated into the manual.

The approved Operations and Maintenance Manual shall be kept available at the permitted facility and all operators shall follow the instructions and procedures of this manual.

In addition to the requirements of WAC 173

- 240

- 150(1) and (2), the O&M Manual s hall include:

1. Emergency procedures for plant shutdown and cleanup in event of wastewater system upset or failure.

2. Wastewater system maintenance procedures that contribute to the generation of process wastewater

3. Any directions to maintenance staff when cleaning, or maintaining other equipment or performing other tasks which are necessary to protect the operation of the wastewater system (e.g. defining maximum allowable discharge rate for draining a tank, blocking all floor drains before beginning t he overhaul of a stationary engine.)Page 13 of 29 Permit No. WA0040851

B. Bypass Procedures

Bypass, which is the intentional diversion of waste streams from any portion of a treatment facility, is prohibited, and the Department may take enforcement action against a Permittee for bypass unl ess one of the following circumstances (1, 2, or 3) is applicable.

1. Bypass for Essential Maintenance without the Potential to Cause Violation of Permit Limits or Conditions.

Bypass is authorized if it is for essential maintenance and does not have the poten tial to cause violations of limitations or other conditions of this permit, or adversely impact public health as determined by the Depar tment prior to the bypass. T he Permittee shall submit prior notice, if possible, at least 10 days before the date of th e bypass.

2. Bypass w hich is Unavoidable, Unanticipated, and Results in Noncompliance of this Permit.

This bypass is permitted only if:

Bypass is unavoidable to prevent loss of life, personal injury, or severe property damage

. “Severe property damage” means substantial physical damage to property, damage to the treatment facilities which would cause them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass.

There are no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, stopping production, maintenance during normal periods of equipment downtime (but not if adequate backup equipment should have been in stalled in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventative maintenance), or transport of untreated wastes to another treatment facility.

The Department is proper ly notifie d of the bypass as required in C ondition S 2 E of this permit.

3. Bypass which is Anticipated and has the Potential to Result in Noncompliance of this Permit.

The Permittee shall notify the Department at least 30 days before the planned date of bypass

. The notice shall contain (1) a description of the bypass and its cause; (2) an analysis of all known alternatives which would eliminate, reduce, or mitigate the need for bypassing; (3) a cost

- effectiveness analysis of alternatives including comparative resource damage assessment; (4) the minimum and maximum duration of bypass under each alternative; (5) a recommendation as to the preferred alternative for conducting the bypass; (6) the projected date of bypass initiation; (7) a statement of compliance w ith State Environmental Policy Act (SEPA) ; (8) a request for modification of water quality standards as provided for in WAC 173

- 201A

- 110, if an exceedance of any water quality standard isPage 14 of 29 Permit No. WA0040851

anticipated; and (9) steps taken or planned to reduce, eliminate, an d prevent reoccurrence of the bypass.

For probable construction bypasses, the need to bypass is to be identified as early in the planning process as possible. The analysis required above shall be considered during preparation of the engineering report or facilities plan and plans and specifications and shall be included to the extent practical. In cases where the probable need to bypass is determined early, continued analysis is necessary up to and including the construction period in an effort to minimiz e or eliminate the bypass.

The Department will consider the following prior to issuing an administrative order for this type bypass:

a. If the bypass is necessary to perform construction or maintenance

- related activities essential to meet the requirements of this permit.

b. If there are feasible alternatives to bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, stopping production, maintenance during normal periods of equipment down time, or transport of untreated wastes to another treatment facility.

c. If the bypass is planned and scheduled to minimize adverse effects on the public and the environment.

After consideration of the above and the adverse effects of the proposed bypass and any other relevant factors, the Department will approve or deny the request. The public shall be notified and given an opportunity to comment on bypass incidents of significant duration, to the extent feasible. Approval of a request to bypass will be by administrative order issued by the Departme nt under Revised Code of Washington (RCW) 90.48.120.

C. Duty to Mitigate

The Permittee is required to take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit that has a reasonable likelihood of adversely affecting human health or the environment.

S 4

. SOLID WASTE DISPOSAL

A. Solid Waste Handling

The Permittee shall handle and dispose of all solid waste material in such a manner as to prevent its entry into state ground or surface water.

B. Leacha te

The Permittee shall not allow leachate from its solid waste material to enter state waters without providing all known, available and reasonable methods of treatment, nor allow such leachate to cause violations of the State Surface Water Quality Standar ds, Chapter 173

- 201A WAC, or the State Ground Water Quality Standards, Chapter 173

- 200 WAC.Page 15 of 29 Permit No. WA0040851

The Permittee shall apply for a permit or permit modification as may be required for such discharges to state ground or surface waters.

C. Solid Waste Control Plan

The solid waste control plan shall be kept available at the permitted facility and followed.

The Permittee shall submit substantial revisions or modifications to the solid waste control plan to the Department. The Permittee shall compl y with any plan modi fications.

S 5

. SPILL PLAN

The Permittee shall review and update the Spill Plan, as needed, at least annually. Changes to the plan shall be sent to the Department. The plan and any supplements shall be followed throughout the term of the permit.

The updated spill control plan shall include the following:

A description of the reporting system which will be used to alert responsible managers and legal authorities in the event of a spill.

A description of preventive measures and facilities (including an overall facility plot showing drainage patterns) which prevent, contain, or treat spills of these materials.

A list of all oil and chemicals used, processed, or stored at the facility which may be spilled into state waters.
For the purpose of meeting this requirement, plans and manuals, or portions thereof, required by 33 CFR 154, 40 CFR 109, 40 CFR 110, 40 CFR Part 112, the Federal Oil Pollution Act of 1990, Chapter 173

- 181, and contingency plans required by Chapter 173

- 303 WAC may be submitted.

S 6

. ACUTE TOXICITY

A. Effluent Limit for Acute Toxicity

The effluent limit for acute toxicity is no acute toxicity detected in a test concentration representing the acute critical effluent concentration (ACEC).

The ACEC means the maximum concentration of effluent d uring critical conditions at the boundary of the zone of acute criteria exceedance assigned pursuant to WAC 173

- 201A

100. The zone of acute criteria exceedance is authorized in Section 1.B of this permit. The ACEC equals 2.2 percent effluent.

In the even t of failure to pass the test described in subsection B of this section for compliance with the effluent limit for acute toxicity, the Permittee is considered to be in compliance with all permit requirements for acute whole effluent toxicity as long as t he requirements in subsection C are being met to the satisfaction of the Department.

Modification Date: March 10, 2010Page 16 of 29 Permit No. WA0040851

B. Monitoring for Compliance w ith an Effluent Limit for Acute Toxicity

The Permittee shall conduct monitoring to determine compliance with the e ffluent limit for acute toxicity. The acute toxicity tests shall be performed using at a minimum 100 percent effluent, the ACEC, and a control. Acute toxicity testing shall follow protocols, monitoring requirements, and quality assurance/quality control procedures specified in this Section. Testing shall begin within 60 days of the permit effective date. A written report shall be submitted to the Department within 60 days after the sample date

. The percent survival in 100 percent effluent shall be reported along with all compliance monitoring results.

Compliance monitoring shall be conducted quarterly (Jan.

– Mar., Apr.

- June, July

– Sept., Oct.

– Dec.) using each of the species and protocols listed below on a rotating basis:

1) Fathead minnow, Pimephales promelas (96 hour static

- renewal test, method: EPA/600/4

- 90/027F)

2) Daphnid, Ceriodaphnia dubia

, Daphnia pulex , or Daphnia magna (48 hour static test, method: EPA/600/4

- 90/027F).

The Permittee is in violation of the effluent l imit for acute toxicity in subsection A and shall imm ediately implement subsection C if any acute toxicity test conducted for compliance monitoring determines a statistically significant difference in survival between the control and the ACEC using hypothe sis testing at the 0.05 level of significance (Appendix H, EPA/600/4

- 89/001). If the difference in survival between the control and the ACEC is less than 10 percent , the hypothesis test shall be conducted at the 0.01 level of significance.

C. Response to Noncompliance with an Effluent Limit for Acute Toxicity

If a toxicity test conducted for compliance monitoring under subsection B determines a statistically significant difference in response between the ACEC and the control, the Permittee shall begin add itional compliance monitoring within one week from the time of receiving the test results. This additional monitoring shall be conducted weekly for four consecutive weeks using the same test and species as the failed com pliance test. For intermittent dis charges, testing shall be conducted on the next four discharge events using the same test and species as the failed compliance test. Testing shall be conducted using a series of at least five effluent concentrations and a control in order to be able to de termine appropriate point estimates. One of these effluent concentrations shall equal the ACEC and be compared statistically to the nontoxic control in order to determine compliance with the effluent limit for acute toxicity as described in subsection B. The discharger shall return to the original monit oring frequency in subsection B after completion of the additional compliance monitoring.

If the Permittee believes that a test indicating noncompliance will be identified by the Department as an anomalous test result, the Permittee may notify the Department that the compliance test result might be anomalous and that the Permittee intends to take only one additional sample for toxicity testing and wait for notification from the Department before completing t he additional monitoring required in this subsection. The notificationPage 17 of 29 Permit No. WA0040851

to the Department shall accompany the report of the compliance test result and identify the reason for considering the compliance test result to be anomalous. The Permittee shall comp lete all of the additional monitoring required in this subsection as soon as possible after notification by the Department that the compliance test result was not anomalous. If the one additional sample fails to comply with the effluent limit for acute

to xicity, then the Permittee shall proceed without delay to complete all of the additional monitoring required in this subsection. The one additional test result shall replace the compliance test result upon determination by the Department that the complian ce test result was anomalous.

If all of the additional compliance monitoring conducted in accordance with this subsection complies with the permit limit, the Permittee shall search all pertinent and recent facility records (operating records, monitoring re sults, inspection records, spill reports, weather records, production records, raw material purchases, pretreatment records, etc.) and submit a report to the Department on possible causes and preventive measures for the transient toxicity event which trigg ered the additional compliance monitoring.

If toxicity occurs in violation of the acute toxicity limit during the additional compliance monitoring, the Permittee shall submit a Toxicity Identification/Reduction Evaluation (TI/RE) plan to the Department within 60 days after the sample date. The TI/RE plan shall be based on WAC 173

- 205

- 100(2) and shall be implemented in accordance with WAC 173

- 205

- 100(3).

D. Sampling and Reporting Requirements

1. All reports for effluent characterization or compliance mon itoring shall be submitted in accordance with the most recent version of Department of Ecology Publication # WQ

- R

- 95

- 80, Laboratory Guidance and Whole Effluent Toxicity
Test Review Criteria in regards to format and content. Reports shall contain bench she ets and reference toxicant results for test methods. If the lab provides the toxicity test data on floppy disk for electronic entry into the Department’s database, then the Permittee shall send the disk to the Department along with the test report, bench sheets, and reference toxicant results.

2. Testing shall be conducted on grab samples. Samples taken for toxicity testing shall be cooled to 4 degrees Celsius while being collected and shall be sent to the lab immediately upon completion. The lab shall b egin the toxicity testing as soon as possible but no later than 36 hours after sampling was ended.

3. All samples and test solutions for toxicity testing shall have water quality measurements as specified in Department of Ecology Publication # WQ

- R

- 95

- 80, Laboratory Guidance and Whole Effluent Toxicity Test Review Criteria or most recent version thereof.Page 18 of 29 Permit No. WA0040851

4. All toxicity tests shall meet quality assurance criteria and test conditions in the most recent versions of the EPA manual listed in subsection A and th e Department of Ecology Publication # WQ

- R

- 95

- 80, Laboratory Guidance and Whole Effluent Toxicity Test Review Criteria

. If test results are determined to be invalid or anomalous by the Department, testing shall be repeated with freshly collected effluent.

5. Control water and dilution water shall be laboratory water meeting the requirements of the EPA manual listed in subsection A or pristine natural water of sufficient quality for good control performance.

6. The whole effluent toxicity tests shall be run on an unmodified sample of final effluent.

7. The Permittee may choose to conduct a full dilution series test during compliance monitoring in order to determine dose response. In this case, the series must have a minimum of five effluent concentrations a nd a control. The series of concentrations must include the ACEC.

8. All whole effluent toxicity tests, effluent screening tests, and rapid screening tests that involve hypothesis testing and do not comply with the acute statistical power standard of 29 p ercent as defined in WAC 173

- 205

- 020 must be repeated on a fresh sample with an increased number of replicates to increase the power.

S 7

. CHRONIC TOXICITY

A. Effluent Characterization

The Permittee shall conduct chronic toxicity testing on the final effluent. The two chronic toxicity tests listed below shall be conducted on each sample taken for effluent characterization.

Testing shall begin within 60 days of the permit effective date. A written report shall be submitted to the Department within 60 d ays after each of the test results are final. A final effluent characterization summary report shall be submitted to the Department within 90 days after the last monitoring test results are final. This summary report shall include a tabulated summary of the individual test results and any information on sources of toxicity, toxicity source control, correlation with effluent data, and toxicity treatability which is developed during the period of testing.

Effluent testing for chronic toxicity shall be condu cted semiannually (Jan

– June and July

– Dec.) for one year. The Permittee shall conduct chronic toxicity testing during effluent characterization on a series of at least five concentrations of effluent in order to determine appropriate point estimates. This series of dilutions shall include the ACEC. The Permittee shall compare the ACEC to the control using hypothesis testing at the 0.05 level of significance as described in Appendix H, EPA/600/4

- 89/001.

Modification Date: March 10, 2010Page 19 of 29 Permit No. WA0040851

Chronic toxicity tes ts shall be conducted with the following two species and the most recent version of the following protocols:

Freshwater Chronic Toxicity Test Species Method

Fathead minnow Pimephales promelas EPA/600/4

- 91/002

Water flea Ceriodaphnia dubia EPA/600/4

- 91/002

B. Effluent Limit for Chronic Toxicity

After completion of effluent characterization, the Permittee has an effluent limit for chronic toxicity if any test conducted for effluent characterization shows a significant difference between the control and the ACEC at the 0.05 level of significance using hypothesis testing (Appendix H, EPA/600/4

- 89/001) and shall complete all applicable requirements in subsections C, D, and F.

If no significant difference is shown between the ACEC and the control in any of the chronic toxicity tests, the Permittee has no effluent limit for chronic toxicity and only subsections E and F apply.

The effluent limit for chronic toxicity is no toxicity detected in a test concentration representing the chronic critical effluent concentration (CCEC).

In the event of failure to pass the test described in subsection C of this section for compliance with the effluent limit for chronic toxicity, the Permittee is considered to be in compliance with all permit requirements for chronic whole effluent toxicity as long as the requirements in subsection D are being met to the satisfaction of the Department.

The CCEC means the maximum concentration of effluent allowable at the boundary of the mixing zone assigned in Section S1.B purs uant to WAC 173

- 201A

- 100. The CCEC equals 0.67 percent effluent.

C. Monitoring for Compliance with an Effluent Limit for Chronic Toxicity

Monitoring to determine compliance with the effluent limit shall be conducted semiannually (Jan

- June and July

– Dec.) for the remainder of the permit term using each of the species listed in subsection A above on a rotating basis and performed using the CCEC, the ACEC, and a control. The Permittee shall schedule the toxicity tests in the orde r listed in the permit unless the Department notifies the Permittee in writing of another species rotation schedule.

Compliance with the effluent limit for chronic toxicity means no statistically significant difference in response between the control and t he test concentration representing the CCEC. The Permittee shall imm ediately implement subsection D if any chronic toxicity test conducted for compliance monitoring determines a statistically significant difference in response between the control and the CCEC using hypothesis testing at the 0.05 level of significance (Appendix H, EPA/600/4

- 89/001). If the difference in response between the control and the CCEC is less than 20 percent , the hypothesis test shall be conducted at the 0.01 level of significanc e.Page 20 of 29 Permit No. WA0040851

In order to establish whether the chronic toxicity limit is eligible for removal from future permits, the Permittee shall also conduct this same hypothesis test (Appendix H, EPA/600/4

- 89/001) to determine if a statistically significant difference in res ponse exists between the ACEC and the control.

D. Response to Noncompliance with an Effluent Limit for Chronic Toxicity

If a toxicity test conducted for compliance monitoring under subsection C determines a statistically significant difference in respons e between the CCEC and the control, the Permittee shall begin additional compliance monitoring within one week from the time of receiving the test results. This additional monitoring shall be conducted monthly for three consecutive months using the same t est and species as the failed compliance test. Testing shall be conducted using a series of at least five effluent concentrations and a control in order to be able to determine appropriate point estimates. One of these effluent concentrations shall equal the CCEC and be compared statistically to the non

- toxic control in order to determine compliance with the effluent limit for chronic toxici ty as described in subsection C. The discharger shall return to the original monit oring frequency in subsection C a fter completion of the additional compliance monitoring.

If the Permittee believes that a test indicating noncompliance will be identified by the Department as an anomalous test result, the Permittee may notify the Department that the compliance test resul t might be anomalous and that the Permittee intends to take only one additional sample for toxicity testing and wait for notification from the Department before completing the additional monitoring required in this subsection. The notification to the Depa rtment shall accompany the report of the compliance test result and identify the reason for considering the compliance test result to be anomalous. The Permittee shall complete all of the additional monitoring required in this subsection as soon as possib le after notification by the Department that the compliance test result was not anomalous. If the one additional sample fails to comply with the effluent limit for chronic toxicity, then the Permittee shall proceed without delay to complete all of the add itional monitoring required in this subsection. The one additional test result shall replace the compliance test result upon determination by the Department that the compliance test result was anomalous.

If all of the additional compliance monitoring cond ucted in accordance with this subsection complies with the permit limit, the Permittee shall search all pertinent and recent facility records (operating records, monitoring results, inspection records, spill reports, weather records, production records, ra w material purchases, pretreatment records, etc.) and submit a report to the Department on possible causes and preventive measures for the transient toxicity event which triggered the additional compliance monitoring.

If toxicity occurs in violation of the chronic toxicity limit during the additional compliance monitoring, the Permittee shall submit a Toxicity Identification/Reduction Evaluation (TI/RE) plan to the Department within 60 days after test results are final. T he TI/RE plan shall b e based on WAC 173

- 205

- 100(2). The TI/RE plan shall address areas where adequate guidance, procedures, or protocols are not available for implementation of the plan. The Permittee shall submit a revised TI/RE plan, in accordance with Department comments, within 30 day s after receipt of the Department's comments. ThePage 21 of 29 Permit No. WA0040851

Department will issue an administrative order to require implementation of the TI/RE in accordance with WAC 173

- 205

- 100(3).

E. Monitoring When There Is No Permit Limit for Chronic Toxicity

The Permittee sh all test final effluent once in the last summer and once in the last winter prior to submission of the application for permit renewal. All species used in the initial chronic effluent characterization or substitutes approved by the Department shall be used and results submitted to the Department as a part of the permit renewal application

process.

F. Sampling and Reporting Requirements

1. All reports for effluent characterization or compliance monitoring shall be submitted in accordance with the most recent Department specifications regarding format and content. Reports shall contain bench sheets and reference toxi cant results for test methods. T he effluent and reference toxicant test results shall also be submitted as elect ronic files on floppy disks in the Toxicity Standardized Electronic Reporting Format (TSERF) or other compatible format.

2. Testing shall be conducted on grab samples. Samples taken for toxicity testing shall be cooled to 4 degrees Celsius while being col lected and shall be sent to the lab immediately upon completion. The lab shall begin the toxicity testing as soon as possible but no later than 36 hours after sampling was ended.

3. Permittees that potentially have ammonia and/or chlorine in the effluent shall measure total ammonia and/or chlorine from a sample collected for toxicity testing. All samples taken for toxicity testing shall have pH, total alkalinity, total hardness, dissolved oxygen, and conductivity or salinity measured prior to test initiat ion.

4. All toxicity tests shall meet quality assurance criteria in the most recent versions of the EP A manual listed in subsection A and the Department of Ecology Publication # WQ

- R

- 95

- 80, Whole Effluent Toxicity Testing Regulatory Guidance and Test Revie w Criteria

. If test results are determined to be invalid or anomalous by the Department, testing shall be repeated with freshly collected effluent. If control performance does not meet protocol standards for acceptability, the test shall be repeated with freshly collected effluent.

5. Control water and dilution water shall be laboratory water or pristine natural water meeting the requirements of the EPA manual listed in subsection A and of sufficient quality for good control performance.

6. The whole effl uent toxicity tests shall be run on an unmodified sample of final effluent.

7. The Permittee may choose to conduct a full dilution series test during compliance monitoring in order to determine dose response. In this case, the series must have a minimum o f five effluent concentrations and a control. The series of concentrations must include the ACEC and the CCEC.Page 22 of 29 Permit No. WA0040851

8. All whole effluent toxicity tests, effluent screening tests, and rapid screening tests that involve hypothesis testing and do not comply with the chronic statistical power standard of 39 percent as defined in WAC 173

- 205

- 020 must be repeated on a fresh sample with an increased number of replicates to increase the power.

S 8

. OUTFALL EVALUATION

The Permittee shall inspect, once during the permitting period , the submerged portion of the outfall line and diffuser to document its integrity and continued function. If conditions allow for a photographic verification, it shall be included in the report. By December 31, 20 1 1

, the inspection report shall be submitted to the Department.

Modification Date: March 10, 2010Page 23 of 29 Permit No. WA0040851

GENERAL CONDITIONS

G1. SIGNATORY REQUIREMEN TS

All applications, reports, or information submitted to the Department shall be signed and certified.

A. All permit applications shall be signed by either a responsible corporate officer of at least the level of vice president of a corporation, a general partner of a partnership, or the proprietor of a sole proprietorship.

B. All reports require d by this permit and other information requested by the Department shall be signed by a person described above or by a duly authorized representative of that person. A person is a duly authorized representative only if:

1. The authorization is made in wri ting by a person described above and submitted to the Department.

2. The authorization specifies either an individual or a position having responsibility for the overall operation of the regulated facility, such as the position of plant manager, superinten dent, position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.)

C. Ch anges to authorization. If an authorization under paragraph B.2 above is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of paragra ph B.2 above must be submitted to the Department prior to or together with any reports, information, or applications to be signed by an authorized representative.

D. Certification. Any person signing a document under this section shall make the following

cer tification:

“ I certify under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information subm itted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware tha t there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations .”

G2. RIGHT OF INSPECTION AND ENTRY

The Permittee shall allow an authorized representative of the Department, upon the presentation of credentials and such other documents as may be required by law:Page 24 of 29 Permit No. WA0040851

A. To enter upon the premises where a discharge is located or where any records must be kept under the terms and conditions of this permit.

B. To have access to and copy

- at re asonable times and at reasonable cost

- any records required to be kept under the terms and conditions of this permit.

C. To inspect

- at reasonable times

- any facilities, equipment (including monitoring and control equipment), practices, methods, or operati ons regulated or required under this permit.

D. To sample or monitor

- at reasonable times

- any substances or parameters at any location for purposes of assuring permit compliance or as otherwise authorized by the Clean
Water Act.

G3. PERMIT ACTIONS

This pe rmit may be modified, revoked and reissued, or terminated either at the request of any interested person (including the P ermittee) or upon the Department’s initiative. However, the permit may only be modified, revoked and reissued, or terminated for the r easons specified in 40 CFR 122.62, 122.64 or WAC 173

- 220

- 150 according to the procedures of 40 CFR 124.5.

A. The following are causes for terminating this permit during its term, or for denying a permit renewal application:



### 1. Violation of any permit term or c ondition.



### 2. Obtaining a permit by misrepresentation or failure to disclose all relevant facts.



### 3. A material change in quantity or type of waste disposal.



### 4. A determination that the permitted activity endangers human health or the environment or contributes to water quality standards violations and can only be regulated to acceptable levels by permit modif ication or termination [40 CFR
P art 122.64(3)].



### 5. A change in any condition that requires either a temporary or permanent reduction or elimination of any dischar ge or sludge use or disposal practice

co ntrolled by the permit [40 CFR P art 122.64(4)].



### 6. Nonpayment of fees assessed pursuant to RCW 90.48.465.



### 7. Failure or refusal of the P ermittee to allow entry as required in RCW 90.48.090.

B. The following are causes for mod ification but not revocation and reissuance except when the P ermittee requests or agrees:



### 1. A material change in the condition of the waters of the state.



### 2. New information not available at the time of permit issuance that would have justified the application of different permit conditions.Page 25 of 29 Permit No. WA0040851



### 3. Material and substantial alterations or additions to the permitted facility or activities which occurred after this permit issuance.



### 4. Promulgation of new or amended standards or regulations having a direct bearing upon permit conditions, or requiring permit revision.



### 5. The Permittee has requested a modification based on other rationale meeting the criteria of 40 CFR P art 122.62.



### 6. The Department has determined that good cause exists for modification of a compliance schedule, and t he modification will not violate statutory deadlines.



### 7. Incorporation of an approved local pretreatment program into a municipality’s permit.

C. The following are causes for modification or alternatively revocation and reissuance:



### 1. Cause exists for termination for reasons listed in A1 through A7, of this section, and the Department determines that modification or revocation and reissuance is appropriate.



### 2. The Department has received notification of a proposed transfer of the permit. A permit may also be modified to reflect a transfer after the effective date of an automatic transfer (General Condition G8) but will not be revoked and reissued after the effective date of the transfer except upon the request of the new
P ermittee.

G4. REPORTING PLANNED CH ANGES

The Pe rmittee shall, as soon as possible, but no later than 60 days prior to the proposed changes, give notice to the Department of planned physical alterations or additions to the permitted facility, production increases, or process modification which will resu lt in: ( 1) the permitted facility being determined to be a new source pursuant to 40 CFR 122.29(b); ( 2) a significant change in the nature or an increase in quantity of pollutants discharged; or ( 3) a significant change in the Permittee’s sludge use or di sposal practices. Following such notice, and the submittal of a new application or supplement to the existing application, along with required engineering plans and reports, this permit may be modified, or revoked and reissued pursuant to 40 CFR 122.62(a) to specify and limit any pollutants not previously limited. Until such modification is effective, any new or increased discharge in excess of permit limits or not specifically authorized by this permit constitutes a violation.

G5. PLAN REVIEW REQUIRED

Pr ior to constructing or modifying any wastewater control facilities, an engineering report and detailed plans and specifications shall be submitted to the Department for approval in accordance with Chapter 173

- 240 WAC. Engineering reports, plans, and speci fications shall be submitted at least 180 days prior to the planned start of construction unless a shorter time is approved by the Department . Facilities shall be constructed and operated in accordance with the approved plans.Page 26 of 29 Permit No. WA0040851

G6. COMPLIANCE WITH OTHE R LA WS AND STATUTES

Nothing in this permit shall be construed as excusing the Permittee from compliance with any applicable federal, state, or local statutes, ordinances, or regulations.

G7. DUTY TO REAPPLY

The Permittee shall apply for permit renewal by Decem ber 31, 20 11

.

G8. TRANSFER OF THIS PER MIT

In the event of any change in control or ownership of facilities from which the authorized discharge emanate, the Permittee shall notify the succeeding owner or controller of the existence of this permit by letter, a copy of which shall be forwarded to the Department.

A. Transfers by Modification

Except as provided in paragraph B below, this permit may be transferred by the Permittee to a new owner or operator only if this permit has been modified or revoked and rei ssued under 40 CFR 122.62(b)(2), or a minor modification made under 40 CFR 122.63(d), to identify the new Permittee and incorporate such other requirements as may be necessary under the Clean Water Act.

B. Automatic Transfers

This permit may be automatical ly transferred to a new Permittee if:



### 1. The Permittee notifies the Department at least 30 days in advance of the proposed transfer date.



### 2. The notice includes a written agreement between the existing and new Permittee’s containing a specific date transfer of permit responsibility, coverage, and liability between them.



### 3. The Department does not notify the existing Permittee and the proposed new Permittee of its intent to modify or revoke and reissue this permit. A modification under the subparagraph may also be minor modification under 40 CFR 122.63. If this notice is not received, the transfer is effective on the date specified in the written agreement.

G9. REDUCED PRODUCTION F OR COMPLIANCE

The Permittee, in order to maintain compliance with its permit, shall c ontrol production and/or all discharges upon reduction, loss, failure, or bypass of the treatment facility until the facility is restored or an alternative method of treatment is provided. This requirement applies in the situation where, among other thing s, the primary source of power of the treatment facility is reduced, lost, or fails.Page 27 of 29 Permit No. WA0040851

G10. REMOVED SUBSTANCES

Collected screenings, grit, solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shal l not be resuspended or reintroduced to the final effluent stream for discharge to state waters.

G11. DUTY TO PROVIDE INFO RMATION

The Permittee shall submit to the Department, within a reasonable time, all information which the Department may request to d etermine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit. The Permittee shall also submit to the Department upon request, copies of records required to be kept by this perm it.

G12. OTHER REQUIREMENTS O F 40 CFR

All other requirements of 40 CFR 122.41 and 122.42 are incorporated in this permit by reference.

G13. ADDITIONAL MONITORIN G

The Department may establish specific monitoring requirements in addition to those contained i n this permit by administrative order or permit modification.

G14. PAYMENT OF FEES

The Permittee shall submit payment of fees associated with this permit as assessed by the Department.

G15. PENALTIES FOR VIOLAT ING PERMIT CONDITION S

Any person who is found guilty of willfully violating the terms and conditions of this permit shall be deemed guilty of a crime, and upon conviction thereof shall be punished by a fine of up to $10,000 and costs of prosecution, or by imprisonment in the di scretion of the court. Each day upon which a willful violation occurs may be deemed a separate and additional violation.

Any person who violates the terms and conditions of a waste discharge permit shall incur, in addition to any other penalty as provide d by law, a civil penalty in the amount of up to $10,000 for every such violation. Each and every such violation shall be a separate and distinct offense, and in case of a continuing violation, every day's continuance shall be deemed to be a separate and distinct violation.

G16. UPSET

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 Permitte e. 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.

An upset constitutes an aff irmative defense to an action brought for noncompliance with such technology

- based permit effluent limitations if the requirements of the following paragraph are

met.Page 28 of 29 Permit No. WA0040851

A Permittee who wishes to establish the affirmative defense of upset shall demonstrate, t hrough properly signed, contemporaneous operating logs or other relevant evidence that: ( 1) an upset occurred and that the Permittee can identify the cause(s) of the upset; ( 2) the permitted facility was being properly operated at the time of the upset; ( 3) the Permittee submitted notice of the

upse t as required in C ondition S 2 .E; and ( 4) the Permittee complied with any remedial measures required under S 4.C of this permit.

In any enforcement proceeding the Permittee seeking to establish the occurrence of a n upset has the burden of proof.

G17. PROPERTY RIGHTS

This permit does not convey any property rights of any sort, or any exclusive privilege.

G18. DUTY TO COMPLY

The Permittee shall comply with all conditions of this permit. Any permit noncompliance

cons titutes a violation of 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.

G19. TOXIC POLLUTANTS

The Permittee shall comply with effluent standards or prohibitions established under Section 307(a) of the Clean Water Act for toxic pollutants within the time provided in the regulations that establish those standards or prohibitions, even if this permit has not yet been modified to incorporate the requirement.

G20. PENALTIES FOR TAMPER ING

The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required to be maintained under this permit shall, upon conviction, be p unished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this Condition, puni shment shall be a fine of not more than $20,000 per day of violation, or by imprisonment of not more than four years, or by both.

G21. REPORTING ANTICIPATE D NON

- COMPLIANCE

The Permittee shall give advance notice to the Department by submission of a new app lication or supplement thereto at least 180 days prior to commencement of such discharges, of any facility expansions, production increases, or other planned changes, such as process modifications, in the permitted facility or activity which may result in noncompliance with permit limits or conditions. Any maintenance of facilities, which might necessitate unavoidable interruption of operation and degradation of effluent quality, shall be scheduled during non

- critical water quality periods and carried out in a manner approved by the Department.Page 29 of 29 Permit No. WA0040851

G22. REPORTING OTHER INFO RMATION

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 t he Department, it shall promptly submit such facts or information.

G23. REPORTING REQUIREMEN TS APPLICABLE TO EXI STING MANUFACTURING, COMMERCIAL, MINING, AND SILVICULTURAL DI SCHARGERS

The Permittee belonging to the categories of existing manufacturing, commercial, mining, or silviculture 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 this permit, if that discharge will exceed the highest of the following “notification levels:”



### 1. One hundred micrograms per liter (100 g/ L ).



### 2. Two hundred micrograms per liter (200 g/ L ) for acrolein and acrylonitrile; five hundred micrograms per liter (500 g/L ) for 2,4

- dinitrophenol and for 2

- methyl

4,6

- dinitrophenol; and one milligram per liter (1 mg/ L ) for antimony.



### 3. Five times the maximum concentration value reported for that pollutant in the permit application in accordance with 40 CFR 122 .21(g)(7).



### 4. The level established by the Director in accordance with 40 CFR 122.44(f).

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

non

- routine or infrequent basis, of a toxic pollutant which is not limited in this permit, if that discharge will exceed the highest of the following “notification levels:”



### 1. Five hundred micrograms per liter (500 g/L).



### 2. One milligram per liter (1 mg/L) for antimony.



### 3. Ten times the maximum concentration value reported for that pollutant in the permit application in accordance with 40 CFR 122.21(g)(7).



### 4. The level established by the Director in accordance with 40 CFR 122.44(f).

G24. COMPLIANCE SCHEDULES

Reports of compliance or noncompliance with, or any progress reports on, interim and final

r equirements contained in any compliance schedule of this permit shall be submitted no later than 14 days following each schedule date.