Page 1 of 29

Permit No. WA0040851

Issuance Date: September 12, 2007

Effective Date: July 1, 2008

Expiration Date: June 30, 2013

Modification Date: March 10, 2010

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM

WASTE DISCHARGE PERMIT NO. WA0040851

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 Pollution 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 Ecology
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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. Laboratory 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

S5. SPILL PLAN ................................................................................................................................. 15

S6. 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

S7. 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

S8. OUTFALL EVALUATION .......................................................................................................... 22

Modification Date: March 10, 2010
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Permit No. WA0040851

GENERAL CONDITIONS...................................................................................................................... 23

G1. SIGNATORY REQUIREMENTS................................................................................................. 23

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

G3. PERMIT ACTIONS....................................................................................................................... 24

G4. REPORTING PLANNED CHANGES.......................................................................................... 25

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

G6. COMPLIANCE WITH OTHER LAWS AND STATUTES......................................................... 26

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

G8. TRANSFER OF THIS PERMIT ................................................................................................... 26

G9. REDUCED PRODUCTION FOR COMPLIANCE ...................................................................... 26

G10. REMOVED SUBSTANCES ......................................................................................................... 27

G11. DUTY TO PROVIDE INFORMATION....................................................................................... 27

G12. OTHER REQUIREMENTS OF 40 CFR....................................................................................... 27

G13. ADDITIONAL MONITORING.................................................................................................... 27

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

G15. PENALTIES FOR VIOLATING PERMIT CONDITIONS.......................................................... 27

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

G17. PROPERTY RIGHTS.................................................................................................................... 28

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

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

G20. PENALTIES FOR TAMPERING ................................................................................................. 28

G21. REPORTING ANTICIPATED NON-COMPLIANCE................................................................. 28

G22. REPORTING OTHER INFORMATION...................................................................................... 29

G23. REPORTING REQUIREMENTS APPLICABLE TO EXISTING MANUFACTURING,

COMMERCIAL, MINING, AND SILVICULTURAL DISCHARGERS.................................... 29

G24. COMPLIANCE SCHEDULES ..................................................................................................... 29
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Permit No. WA0040851

SUMMARY OF PERMIT REPORT SUBMITTALS

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

Permit 

Section Submittal Frequency First Submittal Date

S2.A Discharge Monitoring Report Monthly August 15, 2008

S2.E Noncompliance Notification As necessary

S3.A Modification to Operations and 

Maintenance Manual As necessary

S3.B Reporting Bypasses As necessary

S4.C Modification to Solid Waste Control Plan As necessary

S5. Modification to Spill Plan As necessary

S6.B

Acute Toxicity Compliance Monitoring 

Reports

60 days after each 

subsequent sampling 

event

S6.C

Acute Toxicity: “Causes and Preventative 

Measures for Transient Events.” As necessary

S6.C Acute Toxicity TI/TRE Plan As necessary

S7.A Chronic Toxicity Characterization Data

60 days after each 

subsequent sampling 

event

S7.A Chronic Toxicity Tests Characterization 

Summary Report 1/permit cycle

90 days following the last 

characterization sampling 

event

S7.C Chronic Toxicity Compliance Monitoring 

Reports

60 days after each 

subsequent sampling 

event

S7.D Chronic Toxicity: “Causes and Preventative 

Measures for Transient Events.” As necessary

S7.D Chronic Toxicity TI/TRE Plan As necessary

S7.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, 2010
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Permit No. WA0040851

S8. Outfall Evaluation 1/permit cycle December 31, 2011

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, 2011

G8 Notice of Permit Transfer As necessary

G21 Reporting Anticipated Non-compliance As necessary

G22. Reporting Other Information As necessary
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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 limitations:

Category

Sample 

Point of 

Final 

Effluent

Parameter Units11 Average 

Monthlya

Maximum 

Dailyb

Minimum 

Sampling 

Frequency

Sample 

Type

Treated 

Industrial 

Wastewater

WTP Flow

Millions 

of 

gallons 

per day 

(mgd)

N/A 0.18 Continuous2

2

Metered 

and 

Recorded

Treated 

Industrial 

Wastewater

WTP pH

Standar

d Units

(S.U.)

Within the range of 6.0 

to 9.0 Continuous2

Metered 

and 

Recorded

Treated 

Industrial 

Wastewater

WTP

Total 

Suspended 

Solids 

(TSS)

kg/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, 2010
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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 0.033

0.063 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 calculated based on the paint line industrial wastewater flow.
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Permit No. WA0040851

Treated 

Industrial 

Wastewater

WTP

Total 

Dissolved 

Solids 

(TDS)

mg/L Report Report Monthly Grab

Untreated 

Industrial 

Wastewater

Paint 

Line

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

Semiannually 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 

calendar 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 mass, 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 Ecology 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 approximately 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, 2010
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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 description 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 

Seasonala Maximum Dailyb

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 discharge 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, upsets, 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 Test 
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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 for 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, 

temperature, 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.

S2. 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 submitted 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 sent to:

Industrial Unit Permit Coordinator

Department of Ecology 

Southwest Region Office

P.O. Box 47775

Olympia, WA 98504-7775
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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 Permittee 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 

required 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 requested 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 sampling 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 monitors any pollutant more frequently than required by this permit using 

test procedures specified by Condition S1 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 or 

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 the Department of the failure to comply.
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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, including 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 requirements 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 at the facility and be made available upon request to 

Department inspectors.

S3. OPERATION AND MAINTENANCE

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 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 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 shall 

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 the overhaul of a 

stationary engine.)
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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 unless 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 

potential to cause violations of limitations or other conditions of this permit, or 

adversely impact public health as determined by the Department prior to the 

bypass. The Permittee shall submit prior notice, if possible, at least 10 days 

before the date of the bypass.

2. Bypass which 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 installed 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 properly notified of the bypass as required in Condition S2E 

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 with 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 is 
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Permit No. WA0040851

anticipated; and (9) steps taken or planned to reduce, eliminate, and 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 minimize 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 Department 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.

S4. 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. Leachate

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 Standards, 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 comply with any plan modifications.

S5. 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.

S6. 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 during critical conditions at the 

boundary of the zone of acute criteria exceedance assigned pursuant to WAC 173-201A100. The zone of acute criteria exceedance is authorized in Section 1.B of this permit. 

The ACEC equals 2.2 percent effluent.

In the event 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 the

requirements in subsection C are being met to the satisfaction of the Department.

Modification Date: March 10, 2010
Page 16 of 29

Permit No. WA0040851

B. Monitoring for Compliance with an Effluent Limit for Acute Toxicity

The Permittee shall conduct monitoring to determine compliance with the effluent 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 limit for acute toxicity in subsection A and 

shall immediately 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 hypothesis 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 additional 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 compliance test. For 

intermittent discharges, 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 

determine 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 monitoring 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 the additional monitoring required in this subsection. The notification 
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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 complete 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 

toxicity, 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 compliance 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 results, 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 triggered 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 monitoring 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 sheets 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 begin 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.
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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 the 

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 and 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 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.

S7. 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 days 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 conducted 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, 2010
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Permit No. WA0040851

Chronic toxicity tests 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 pursuant 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 

order 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 the test concentration representing the 

CCEC. The Permittee shall immediately 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 significance.
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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 response 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 response 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 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 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 toxicity as 

described in subsection C. The discharger shall return to the original monitoring 

frequency in subsection C 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 the additional monitoring required in this subsection. The notification 

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 complete 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 

chronic toxicity, 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 

compliance 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 results, 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 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. The 

TI/RE plan shall be 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 days after receipt of the Department's comments. The 
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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 shall 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 

toxicant results for test methods. The effluent and reference toxicant test results 

shall also be submitted as electronic 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 collected 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 

initiation.

4. All toxicity tests shall meet quality assurance criteria in the most recent versions 

of the EPA manual listed in subsection A and the Department of Ecology 

Publication # WQ-R-95-80, Whole Effluent Toxicity Testing Regulatory 

Guidance and Test Review 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 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 and a control. The series of 

concentrations must include the ACEC and the CCEC.
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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.

S8. 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, 2011, the 

inspection report shall be submitted to the Department.

Modification Date: March 10, 2010
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Permit No. WA0040851

GENERAL CONDITIONS

G1. SIGNATORY REQUIREMENTS

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 required 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 writing 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, superintendent, 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. Changes 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 paragraph 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 

certification:

“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 

submitted. 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 that 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:
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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 reasonable 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 operations 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 permit may be modified, revoked and reissued, or terminated either at the request of any 

interested person (including the Permittee) or upon the Department’s initiative. However, the 

permit may only be modified, revoked and reissued, or terminated for the reasons 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 condition.

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 modification or termination [40 CFR 

Part 122.64(3)].

5. A change in any condition that requires either a temporary or permanent 

reduction or elimination of any discharge or sludge use or disposal practice 

controlled by the permit [40 CFR Part 122.64(4)].

6. Nonpayment of fees assessed pursuant to RCW 90.48.465.

7. Failure or refusal of the Permittee to allow entry as required in RCW 90.48.090.

B. The following are causes for modification but not revocation and reissuance except when 

the Permittee 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.
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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 Part 122.62.

6. The Department has determined that good cause exists for modification of a 

compliance schedule, and the 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 

Permittee.

G4. REPORTING PLANNED CHANGES

The Permittee 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 result 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 disposal 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

Prior 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 specifications 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.
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Permit No. WA0040851

G6. COMPLIANCE WITH OTHER LAWS 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 December 31, 2011.

G8. TRANSFER OF THIS PERMIT

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 reissued 

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 automatically 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 FOR COMPLIANCE

The Permittee, in order to maintain compliance with its permit, shall control 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 things, the primary source of power of the treatment facility is 

reduced, lost, or fails.
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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 shall not be resuspended or reintroduced to the final 

effluent stream for discharge to state waters. 

G11. DUTY TO PROVIDE INFORMATION

The Permittee shall submit to the Department, within a reasonable time, all 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 

submit to the Department upon request, copies of records required to be kept by this permit.

G12. OTHER REQUIREMENTS OF 40 CFR

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

G13. ADDITIONAL MONITORING

The Department may establish specific monitoring requirements in addition to those contained in 

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 VIOLATING PERMIT CONDITIONS

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 discretion 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 provided 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 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.

An upset constitutes an affirmative defense to an action brought for noncompliance with such 

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

met.
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Permit No. WA0040851

A Permittee who wishes to establish the affirmative defense of upset shall demonstrate, through 

properly signed, contemporaneous operating logs or other relevant evidence that: (1) an upset 

occurred and that the Permittee can identify the cause(s) of the upset; (2) the permitted facility 

was being properly operated at the time of the upset; (3) the Permittee submitted notice of the 

upset as required in Condition S2.E; and (4) the Permittee complied with any remedial measures 

required under S4.C of this permit.

In any enforcement proceeding the Permittee seeking to establish the occurrence of an 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 

constitutes 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 TAMPERING

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 punished 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, punishment 

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 ANTICIPATED NON-COMPLIANCE

The Permittee shall give advance notice to the Department by submission of a new application 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.
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Permit No. WA0040851

G22. REPORTING 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.

G23. REPORTING REQUIREMENTS APPLICABLE TO EXISTING MANUFACTURING,

COMMERCIAL, MINING, AND SILVICULTURAL DISCHARGERS

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-methyl4,6-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 

requirements contained in any compliance schedule of this permit shall be submitted no later than 

14 days following each schedule date.