Page 1 of 37

Permit No. WA0037338

Issuance Date: January 26, 2011

Effective Date: March 1, 2011

Expiration Date: February 29, 2016

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM

WASTE DISCHARGE PERMIT No. WA0037338

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 1342 et seq.

TransAlta Centralia Mining LLC

913 Big Hanaford Road

Centralia, WA 98531

is authorized to discharge in accordance with the Special and General Conditions that follow.

Facility Location:

Centralia Coal Mine

1015 Big Hanaford Road

Centralia, WA 98531-9100

Receiving Water:

Hanaford, Packwood and 

Mitchell Creeks

Industry Type: 

Surface Coal Mine Reclamation

Discharge Location:

Outfall 001: Latitude: 46.75222 N Longitude: 122.829722 W

Outfall 002: Latitude: 46.763055 N Longitude: 122.828333 W

Outfall 003: Latitude: 46.75222 N Longitude:122.82916667W

Outfall 004: Latitude: 46.7616666N Longitude: 122.832222W

Outfall 005: Latitude: 46.761666 N Longitude: 122.826666W

Outfall 006: Latitude: 46.756388 N Longitude: 122.82916667 W

Outfall 008: Latitude: 46.718333 N Longitude: 122.7919444 W

Outfall 009: Latitude: 46.7516667 N Longitude: 122.791944 W

Outfall 010: latitude: 46.7516667 N Longitude: 122.7975 W

Outfall 011: Latitude: 46.695833N Longitude: 122.758611W

Signed by:

Steven G. Eberl, P.E.

Acting Southwest Region Manager

Water Quality Program

Washington State Department of Ecology
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Permit No. WA0037338

TABLE OF CONTENTS

SUMMARY OF PERMIT REPORT SUBMITTALS.................................................................................. 4

SPECIAL CONDITIONS

S1. DISCHARGE LIMITS .................................................................................................................... 5

A. Process Wastewater Discharges

S2. MONITORING REQUIREMENTS................................................................................................ 6

A. Monitoring Schedule

B. Sampling and Analytical Procedures

C. Flow Measurement, Field Measurement and Continuous Monitoring Devices

D. Laboratory Accreditation

E. Request for Reduction in Monitoring

S3. REPORTING AND RECORDKEEPING REQUIREMENTS ....................................................... 9

A. Reporting

B. Records Retention

C. Recording of Results

D. Additional Monitoring by the Permittee

E. Reporting Permit Violations

F. Other Reporting

S4. OPERATION AND MAINTENANCE......................................................................................... 13

A. Operations and Maintenance Manual

B. Bypass Procedures

C. Duty to Mitigate

S5. APPLICATION FOR PERMIT RENEWAL ................................................................................ 16

S6 COMPLIANCE SCHEDULE........................................................................................................ 16

S7. NON-ROUTINE AND UNANTICIPATED DISCHARGES ....................................................... 16

S8. SPILL PLAN ................................................................................................................................. 17

S9. RECEIVING WATER STUDY OF TEMPERATURE DISSOLVED OXYGEN ....................... 18

S10. ACUTE TOXICITY ...................................................................................................................... 19

A. Testing When There Is No Permit Limit for Acute Toxicity

B. Sampling and Reporting Requirements

S11. CHRONIC TOXICITY.................................................................................................................. 21

A. Testing When There Is No Permit Limit for Chronic Toxicity

B. Sampling and Reporting Requirements

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

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

G2. RIGHT OF INSPECTION AND ENTRY..................................................................................... 24

G3. PERMIT ACTIONS....................................................................................................................... 24
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Permit No. WA0037338

G4. REPORTING PLANNED CHANGES.......................................................................................... 26

G5. PLAN REVIEW REQUIRED ....................................................................................................... 26

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

G7. TRANSFER OF THIS PERMIT ................................................................................................... 26

G8. REDUCED PRODUCTION FOR COMPLIANCE ...................................................................... 27

G9. REMOVED SUBSTANCES ......................................................................................................... 27

G10. DUTY TO PROVIDE INFORMATION....................................................................................... 27

G11. OTHER REQUIREMENTS OF 40 CFR....................................................................................... 27

G12. ADDITIONAL MONITORING.................................................................................................... 27

G13. PAYMENT OF FEES.................................................................................................................... 27

G14. PENALTIES FOR VIOLATING PERMIT CONDITIONS.......................................................... 27

G15. UPSET ........................................................................................................................................... 28

G16. PROPERTY RIGHTS.................................................................................................................... 28

G17. DUTY TO COMPLY .................................................................................................................... 28

G18. TOXIC POLLUTANTS................................................................................................................. 28

G19. PENALTIES FOR TAMPERING ................................................................................................. 28

G20. REPORTING REQUIREMENTS APPLICABLE TO EXISTING MANUFACTURING,

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

G21. COMPLIANCE SCHEDULES ..................................................................................................... 29

APPENDIX A............................................................................................................................................. 30
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Permit No. WA0037338

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

S3.A Discharge Monitoring Report Monthly/ 

Quarterly 

April 15, 2011

July 15, 2011

S3.E Reporting Permit Violations As necessary

S3.F Other Reporting As necessary

S4.A Operations and Maintenance Manual

1/permit cycle, 

updates 

submitted as 

necessary

July 1, 2014

S4.B Reporting Bypasses As necessary

S5. Application for Permit Renewal 1/permit cycle July 1, 2014

S6.

Compliance Schedule

1) Study work plan

2) Study draft report

3) Study final report

4) Final permit limit implementation

May 1, 2011

August 1, 2014

October 1, 2014

January 1, 2015

S8. Spill Plan

1/permit cycle, 

updates 

submitted as 

necessary

July 1, 2014

S9. Receiving water temperature and dissolved 

oxygen study

See special condition S9.

S10.B

Acute Toxicity Effluent Test Results with 

Permit Renewal Application

2/permit cycle

Once in the timeframe of 

May-November & Once 

in the Last Winter Prior 

to Submission of the 

Permit Renewal 

Application 

S11.B Chronic Toxicity Effluent Test Results with 

Permit Renewal Application 2/permit cycle

Once in the timeframe of 

May-November & Once 

in the Last Winter Prior 

to Submission of the 

Permit Renewal 

Application 

G1.C. 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. Notice of Permit Transfer As necessary

G10. Duty to Provide Information As necessary
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Permit No. WA0037338

SPECIAL CONDITIONS

S1. DISCHARGE LIMITS

A. Process Wastewater Discharges

All discharges and reclamation activities authorized by this permit must 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 violates the terms and conditions of 

this permit.

Beginning on the effective date of this permit, the Permittee is authorized to discharge 

the closed mining site reclamation runoff and TransAlta Centralia Generation (TCG)

electric power generation wastewater pumped from TransAlta Centralia Mining (TCM) 

pond 3E to outfall number 004. Compliance sampling for the TCG water occurs

(except temperature , dissolved oxygen and turbidity) prior to pond 3E

and is reported according to the TCG NPDES permit Number WA0001546.

Table 1: Monitoring Schedule for UHNC Staff Gauge

Parameter, Units Daily Minimum Monthly 

Averagea

Daily 

Maximumb

Minimum Sampling 

Frequency Sample Type 

*Flow, cubic 

feet/second

N/A Report Report Weekly Visual

*After exceptional storm events (exceeding 3.0 inches in 24-hours) additional monitoring is required for this parameter. 

Monitoring shall consist of a sample taken at no later than 12-hours after the end of the 24-hour exceptional event. If 

the Permittee is unable to perform sampling within the 12-hour period, the sampling period can be extended up to 24-

hours. An explanation as to why sampling could not be performed within the 12-hour limit shall accompany the next 

Discharge Monitoring Report.

Table 2: EFFLUENT LIMITS: Outfalls: 001, 002, 003, 004, 005, 006, 008, 009, 010 and 011

Parameter Daily Minimum Average Monthly a Maximum Daily b

Total Suspended Solids, mg/L N/A 20 40

Total Petroleum Hydrocarbons

(TPH)c, mg/L N/A 10 15

Total Irond, mg/L N/A 3.5 3.5

Temperature, °C (Interim Limit) N/A 18 18

Dissolved Oxygen, mg/L 

(Interim Limit)

6.5 N/A N/A

Turbiditye, NTU N/A 25 & 50 N/A

pH N/A Daily minimum is equal to or greater than 6.0 and the 

daily maximum is less than or equal to 9.0
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Permit No. WA0037338

Rainfall event greater than 1.5 inches of rain 24-hours

Turbidity

5 NTU over background when background is 

less than 50 NTU OR Maximum 10 percent

increase over background when background

is over 50 NTU f

N/A

a.Average monthly effluent limit means the highest allowable average of daily discharges over a calendar month. To 

calculate the discharge value to compare to the limit, you add the value of each daily discharge measured during a 

calendar month and divide this sum by the total number of daily discharges measured. Do not average pH values

b.Maximum daily effluent limit means the highest allowable daily discharge. The daily discharge means the discharge 

of a pollutant measured during a calendar day. For pollutants with limits expressed in units of mass, the daily 

discharge is calculated as the total mass of the pollutant discharged over the day. For other units of measurement, the 

daily discharge is the average measurement of the pollutant over the day. This does not apply to pH.

c.TPH effluent limits are only applicable for outfalls 002 & 010

d.Total iron limit does not apply to outfalls 005 and 006

e.The applicable limit of turbidity for outfalls 001, 002, 003, 004, 005, 006, 008 and 011 is 25 NTU. The applicable 

limit for outfalls 009 and 010 is 50 NTU.

f. When sampling occurs during rain events greater than 1.5 inches of rain in 24-hours.

Table 3: Proposed Final Effluent Limits for Temperature and Dissolved Oxygen (January 1, 2015)

Lowest 1-Day Minimum, Dissolved Oxygen (D.O), mg/L1 Highest 7-DADMax, Temperature oC

2

Outfall 001, 002, 005, 006, 008, 009, 010, 011

9.5 or when a water body's D.O. is lower than the criteria in 

Table 200 (1)(d) (or within 0.2 mg/L of the criteria) and that 

condition is due to natural conditions, then human actions 

considered cumulatively may not cause the D.O. of that water 

body to decrease more than 0.2 mg/L.

Outfall 003, 004

8.0 or when a water body's D.O. is lower than the criteria in 

Table 200 (1)(d) (or within 0.2 mg/L of the criteria) and that 

condition is due to natural conditions, then human actions 

considered cumulatively may not cause the D.O. of that water 

body to decrease more than 0.2 mg/L.

Outfall 001, 002, 005, 006, 008, 009, 010, 011

16oC or when water body’s temperature is 

warmer that the criteria of 16oC (or within 

0.3oC of 16oC) and that condition is due to 

natural conditions, then human actions 

considered cumulatively may not cause the 7–

DADMax temperature of that water body to 

increase more than 0.3oC.

Outfall 003, 004

17.5oC or when water body’s temperature is 

warmer that the criteria of 17.5oC (or within 

0.3oC of 17.5oC) and that condition is due to 

natural conditions, then human actions 

considered cumulatively may not cause the 7–

DADMax temperature of that water body to 

increase more than 0.3oC.

1 Water Quality Standards for Surface Waters of the state of Washington, WAC, 173-201A-200(d)(i)

2 Water Quality Standards for Surface Waters of the state of Washington, WAC, 173-201A-200(c)(i)

S2. MONITORING REQUIREMENTS

A. Monitoring Schedule

The Permittee must monitor in accordance with the following schedule and must use the 

laboratory method, detection level (DL), and quantitation level (QL) specified in 

Appendix A.
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Permit No. WA0037338

Parameter Units Minimum Sampling 

Frequency

Sample Type

Wastewater Effluent

Total Suspended Solids, 

mg/L mg/L Monthly Grab

Total dissolved solids 

(TDS)1 mg/L Quarterly/Report2 Grab

Sulfate1 mg/L Quarterly/Report2 Grab

Conductivity1

μS/cm Quarterly/Report2Field Test

Total Petroleum 

Hydrocarbons 3, mg/L mg/L Once every two months4 Grab

Iron, total5 mg/L Once every two 

months4 Grab

Temperature6 oC Monthly Grab

Dissolved Oxygen,

mg/L mg/L Monthly Grab

Turbidity NTU Monthly Grab

Turbidity7 NTU

When sampling occurs

during rain events 

greater than 1.5 inches

of rain in 24-hours

Grab

pH Standard Units Monthly Grab

1This monitoring requirement only applies to outfalls 002 and 004

2 Quarterly monitoring period will be January –March, April-June, July-September and OctoberDecember 

3 This monitoring requirement only applies to outfalls 002 and 010

4 Sampling shall occur in January, March, May, July, September and November

5 This monitoring requirement does not apply to outfalls 005 and 006.

6 Temperature grab sampling must occur when the effluent is at or near its daily maximum temperature 

which is usually in the late afternoon. If temperature is measured continuously, the Permittee must 

determine and report a daily maximum from half-hour measurements in a 24-hour period. To determine 

the daily average, use the temperature on the half-hour from the chart for the 24-hour period and calculate 

the average of the values. Continuous monitoring instruments must achieve an accuracy of 0.2 degrees C 

and the Permittee must verify accuracy annually.

7 5 NTU over background when background is less than 50 NTU or maximum 10 percent increase over 

background when background is over 50 NTU.

Acute Toxicity Testing as specified under special condition, S10. for outfalls 002 and 004

Chronic Toxicity Testing as specified under special condition S11. for outfalls 002 and 004
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Permit No. WA0037338

Receiving water study and background sampling locations

Parameter Site Latitude Longitude Sample Type

Temperature,

Dissolved 

Oxygen, and 

Turbidity

Upper North

Hanaford Creek

(UNHC2)

Outfall #004 46.681388 N 122.8155W Grab/Continuous

Upper Hanaford

Creek (UHNC)

Outfalls #001,

#002, #005,

#006, #008,

#009,#010

46.490277 N 122.38666W Grab/Continuous

Upper South

Hanaford

Creek (USHC)

Outfall #003 46.681388 N 122.85 W Grab/Continuous

Upper Mitchell 

Creek

(UMTC)

Outfall #011 46.69111N 122.75138 W Grab/Continuous

B. Sampling and Analytical Procedures

Samples and measurements taken to meet the requirements of this permit must represent 

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 must conform to the latest revision of the Guidelines Establishing Test 

Procedures for the Analysis of Pollutants contained in 40 Code of Federal Regulations 

(CFR) Part 136.

C. Flow Measurement, Field Measurement and Continuous Monitoring Devices

The Permittee must:

1. Select and use appropriate flow measurement, field measurement, and continuous 

monitoring devices and methods consistent with accepted scientific practices.

2. Install, calibrate, and maintain these devices to ensure the accuracy of the 

measurements is consistent with the accepted industry standard and the 

manufacturer’s recommendation for that type of device.

3. If the Permittee uses micro-recording temperature devices known as thermistors 

it must calibrate the devices using protocols from Ecology’s Quality Assurance 

Project Plan Development Tool (Continuous Temperature Sampling Protocols 

for the Environmental Monitoring and Trends). This document is available 

online at 

http://www.ecy.wa.gov/programs/eap/qa/docs/QAPPtool/Mod6%20Ecology%20

SOPs/Protocols/ContinuousTemperatureSampling.pdf . Calibration as specified 

in this document is not required if the Permittee uses recording devices which are 

certified by the manufacturer.
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Permit No. WA0037338

4. Use field measurement devices as directed by the manufacturer and do not use 

reagents beyond their expiration dates.

5. Calibrate these devices at the frequency recommended by the manufacturer.

6. Calibrate flow monitoring devices at a minimum frequency of at least one 

calibration per year.

7. Maintain calibration records for at least three years.

D. Laboratory Accreditation

The Permittee must ensure that all monitoring data required by the Department of 

Ecology (Ecology) is prepared by a laboratory registered or accredited under the 

provisions of chapter 173-50 Washington Administrative Code (WAC), Accreditation of 

Environmental Laboratories. Flow, temperature, settleable solids, conductivity, pH, 

dissolved oxygen and internal process control parameters are exempt from this 

requirement.

E. Request for Reduction in Monitoring

The Permittee may request a reduction of the sampling frequency after 12 months of 

monitoring. Ecology will review each request and at its discretion grant the request 

through a permit modification or when it reissues the permit.

The Permittee must:

1. Provide a written request.

2. Clearly state the parameters for which it is requesting reduced monitoring.

3. Clearly state the justification for the reduction.

S3. REPORTING AND RECORDKEEPING REQUIREMENTS

The Permittee must monitor and report in accordance with the following conditions. The 

falsification of information submitted to Ecology is a violation of the terms and conditions of this 

permit.

A. Reporting

The first monitoring period begins on the effective date of the permit. The Permittee 

must:

1. Submit monitoring results each month/quarter.

2. Summarize, report, and submit monitoring data obtained during each monitoring 

period on a Discharge Monitoring Report (DMR) form provided, or otherwise 

approved, by Ecology.

3. Submit DMR forms monthly/quarterly whether or not the facility was 

discharging. If the facility did not discharge during a given monitoring period, 
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Permit No. WA0037338

submit the form as required with the words "NO DISCHARGE" entered in place 

of the monitoring results.

4. Ensure that DMR forms are postmarked or received by Ecology no later than the 

15th day of the month following the completed monitoring period, unless 

otherwise specified in this permit.

5. Send report(s) to Ecology and EPA at:

Water Quality Permit Coordinator

Department of Ecology

Southwest Regional Office

P.O. Box 47775

Olympia, WA 98504-7775

and

Environmental Protection Agency Region 10

Puget Sound Coordinator

1200 Sixth Avenue

Seattle, WA 98101

All laboratory reports providing data for organic and metal parameters must include the 

following information: sampling date, sample location, date of analysis, parameter name, 

CAS number, analytical method/ number, method detection limit (MDL) or laboratory 

quantitation limit (QL or ML), reporting units, and concentration detected. Analytical 

results from samples sent to a contract laboratory must have information on the chain of 

custody, the analytical method, QA/QC results, and documentation of accreditation for 

the parameter.

B. Records Retention

The Permittee must retain records of all monitoring information for a minimum of three 

years. Such information must 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. The Permittee must extend this period of retention during the course of any 

unresolved litigation regarding the discharge of pollutants by the Permittee or when 

requested by Ecology. 

C. Recording of Results

For each measurement or sample taken, the Permittee must 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. 
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Permit No. WA0037338

5. The analytical techniques or methods used. 

6. The results of all analyses. 

D. Additional Monitoring by the Permittee

If the Permittee monitors any pollutant more frequently than required by Condition S2 of 

this permit, then the Permittee must include the results of such monitoring in the 

calculation and reporting of the data submitted in the Permittee's DMR.

E. Reporting Permit Violations 

The Permittee must take the following actions when it violates or is unable to comply 

with any permit condition: 

a. Immediately take action to stop, contain, and cleanup unauthorized discharges or 

otherwise stop the noncompliance and correct the problem. 

b. If applicable, immediately repeat sampling and analysis. Submit the results of 

any repeat sampling to Ecology within 30 days of sampling. 

1. Twenty-four-hour Reporting

The Permittee must report the following occurrences of noncompliance 

by telephone at 360-407-6300, to Ecology at the telephone numbers 

listed, within 24-hours from the time the Permittee becomes aware of any 

of the following circumstances:

a. Any noncompliance that may endanger health or the 

environment, unless previously reported under subpart 1, above. 

b. Any unanticipated bypass that exceeds any effluent limitation in 

the permit (See Part S4.B., “Bypass Procedures”). 

c. Any upset that exceeds any effluent limitation in the permit (See 

G.15, “Upset”). 

d. Any violation of a maximum daily or instantaneous maximum 

discharge limitation for any of the pollutants in Section S1.A of 

this permit. 

e. Any overflow prior to the treatment works, whether or not such 

overflow endangers health or the environment or exceeds any 

effluent limitation in the permit. 

2. Report within Five Days

The Permittee must also provide a written submission within five days of 

the time that the Permittee becomes aware of any event required to be 

reported under subparts 1 or 2, above. The written submission must 

contain: 
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Permit No. WA0037338

a. A description of the noncompliance and its cause.

b. The period of noncompliance, including exact dates and times.

c. The estimated time noncompliance is expected to continue if it 

has not been corrected.

d. Steps taken or planned to reduce, eliminate, and prevent 

recurrence of the noncompliance.

e. If the noncompliance involves an overflow prior to the treatment 

works, an estimate of the quantity (in gallons) of untreated 

overflow.

3. Waiver of Written Reports

Ecology may waive the written report required in subpart 3, above, on a 

case-by-case basis upon request if a timely oral report has been received.

4. All Other Permit Violation Reporting

The Permittee must report all permit violations, which do not require 

immediate or within 24 hours reporting, when it submits monitoring 

reports for S3.A ("Reporting"). The reports must contain the information 

listed in paragraph E.3, above. 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.

5. Report Submittal

The Permittee must submit reports to the address listed in S3.

F. Other Reporting

The Permittee must report a spill of oil or hazardous materials in accordance with the 

requirements of Revised Code of Washington (RCW) 90.56.280 and chapter 173-303-

145. You can obtain further instructions at the following website: 

http://www.ecy.wa.gov/programs/spills/other/reportaspill.htm .

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 

Ecology, it must submit such facts or information promptly. 

The Permittee must submit a new application or supplement at least 180 days prior to 

commencement of discharges, resulting from the activities listed below, which may result 

in permit violations. These activities include: any facility expansions, production 

increases, or other planned changes, such as process modifications, in the permitted 

facility.
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Permit No. WA0037338

The Permittee must keep a copy of this permit at the facility and make it available upon 

request to Ecology inspectors.

S4. OPERATION AND MAINTENANCE

The Permittee must, 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 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.

The Permittee must schedule any facility maintenance, which might require interruption of 

wastewater treatment and degrade effluent quality, during non-critical water quality periods and 

carry this maintenance out in a manner approved by Ecology.

A. Operations and Maintenance Manual

The Permittee must:

1. Prepare an “or” Update the Operations and Maintenance (O&M) Manual in 

accordance with 173-240-150 WAC and submit it to Ecology for approval by 

July 1, 2014

2. Submit to Ecology for review and approval substantial changes or updates to the 

O&M Manual whenever it incorporates them into the manual. 

3. Keep the approved O&M Manual at the permitted facility.

4. 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 must 

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 (for example, defining maximum allowable discharge 

rate for draining a tank, blocking all floor drains before beginning the overhaul of 

a stationary engine.)

4. Wastewater sampling protocols and procedures for compliance with the sampling 

and reporting requirements in the wastewater discharge permit.

5. Minimum staffing adequate to operate and maintain the treatment processes and 

carry out compliance monitoring required by the permit
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Permit No. WA0037338

6. Treatment plant process control monitoring schedule.

7. Specify other items on case-by-case basis such as O&M for any pump stations, 

lagoon liners, etc

B. Bypass Procedures

This permit prohibits a bypass which is the intentional diversion of waste streams from 

any portion of a treatment facility. Ecology may take enforcement action against a 

Permittee for a bypass unless one of the following circumstances (1, 2, or 3) applies.

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 limits or other conditions of this permit, or 

adversely impact public health as determined by Ecology prior to the bypass. 

The Permittee must submit prior notice, if possible, at least ten (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.

No feasible alternatives to the bypass exist, such as:

The use of auxiliary treatment facilities. 

Retention of untreated wastes.

Stopping production. 

Maintenance during normal periods of equipment downtime, but not if the 

Permittee should have installed adequate backup equipment in the 

exercise of reasonable engineering judgment to prevent a bypass. 

Transport of untreated wastes to another treatment facility or preventative 

maintenance), or transport of untreated wastes to another treatment 

facility.

Ecology is properly notified of the bypass as required in condition S3E of this 

permit.
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Permit No. WA0037338

3. If bypass is anticipated and has the potential to result in noncompliance of this 

permit.

a. The Permittee must notify Ecology at least thirty (30) days before the 

planned date of bypass. The notice must contain: 

A description of the bypass and its cause. 

An analysis of all known alternatives which would eliminate, 

reduce, or mitigate the need for bypassing. 

A cost-effectiveness analysis of alternatives including 

comparative resource damage assessment. 

The minimum and maximum duration of bypass under each 

alternative.

A recommendation as to the preferred alternative for conducting 

the bypass.

The projected date of bypass initiation. 

A statement of compliance with SEPA. 

A request for modification of water quality standards as provided 

for in WAC 173-201A-410, if an exceedance of any water quality 

standard is anticipated. 

Details of the steps taken or planned to reduce, eliminate, and 

prevent reoccurrence of the bypass.

b. For probable construction bypasses, the Permittee must notify Ecology of the 

need to bypass as early in the planning process as possible. The Permittee must 

consider the analysis required above during preparation of the engineering report 

or facilities plan and plans and specifications and must include these to the extent 

practical. In cases where the Permittee determines the probable need to bypass 

early, the Permittee must continue to analyze conditions up to and including the 

construction period in an effort to minimize or eliminate the bypass.

c. Ecology will consider the following prior to issuing an administrative order for 

this type of bypass:

If the bypass is necessary to perform construction or maintenance-related 

activities essential to meet the requirements of this permit.

If feasible alternatives to bypass exist, 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.
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Permit No. WA0037338

If the Permittee planned and scheduled the bypass 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, Ecology will approve or deny the request. Ecology will give the 

public an opportunity to comment on bypass incidents of significant duration, to the 

extent feasible. Ecology will approve a request to bypass by issuing an administrative 

order under 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.

S5. APPLICATION FOR PERMIT RENEWAL

The Permittee must submit an application for renewal of this permit by July 1, 2014

S6 COMPLIANCE SCHEDULE

The following compliance schedule is designed to provide guidance to the Permittee to collect 

and submit background data and report on the receiving water temperature and dissolved oxygen:

1. Submit draft study work plan for on the background temperature and dissolved oxygen 

for the receiving water bodies (Hanaford, Packwood and Mitchell Creeks) by May 1, 

2011.

2. Ecology review draft study plan and provide comments by June 1, 2011.

3. Submit draft report for temperature, dissolved oxygen background data by August 1, 

2014.

4. Ecology review draft report and provide comments by September 1, 2014.

5. Finalize and submit this report by October 1, 2014.

6. Implement temperature and dissolved oxygen limits based on the surface water quality 

standards/background criteria for temperature and dissolved oxygen by January 1, 

2015.

S7. NON-ROUTINE AND UNANTICIPATED DISCHARGES

A. Beginning on the effective date of this permit, the Permittee is authorized to discharge 

non-routine wastewater on a case-by-case basis if approved by Ecology. Prior to any 

such discharge, the Permittee must contact Ecology and at a minimum provide the 

following information:

1. The proposed discharge location.

2. The nature of the activity that will generate the discharge.
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Permit No. WA0037338

3. Any alternatives to the discharge, such as reuse, storage, or recycling of the 

water. 

4. The total volume of water it expects to discharge.

5. The results of the chemical analysis of the water. The Permittee must analyze the 

water for all constituents limited for the discharge. The analysis must also 

include hardness, any metals that are limited by water quality standards, and any 

other parameter deemed necessary by Ecology. All discharges must comply with 

the effluent limits as established in Condition S1. of this permit, water quality 

standards, and any other limits imposed by Ecology.

6. The date of proposed discharge.

7. The expected rate of discharge discharged, in gallons per minute. The Permittee 

must limit the discharge rate so it will not cause erosion of ditches or structural 

damage to culverts and their entrances or exits.

B. The discharge cannot proceed until Ecology has reviewed the information provided and 

has authorized the discharge by letter to the Permittee or by an Administrative Order. 

Once approved and if the proposed discharge is to a municipal storm drain, the Permittee 

must obtain prior approval from the municipality and notify it when it plans to discharge.

S8. SPILL PLAN

The Permittee must:

1. Submit to Ecology an update to the existing Spill Control Plan by July 1, 2014.

2. Review the plan at least annually and update the Spill Plan as needed. 

3. Send changes to the plan to Ecology. 

4. Follow the plan and any supplements throughout the term of the permit. 

The spill control plan must include the following:

1. A list of all oil and petroleum products and other materials used and/or stored on site, 

which when spilled, or otherwise released into the environment, designate as Dangerous 

(DW) or Extremely Hazardous Waste (EHW) by the procedures set forth in WAC 173-

303-070. Include other materials used and/or stored on site which may become pollutants 

or cause pollution upon reaching state's waters.

2. A description of preventive measures and facilities (including an overall facility plot 

showing drainage patterns) which prevent, contain, or treat spills of these materials.

3. A description of the reporting system the Permittee will use to alert responsible managers 

and legal authorities in the event of a spill.

4. A description of operator training to implement the plan.
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Permit No. WA0037338

The Permittee may submit plans and manuals required by 40 CFR Part 112, contingency plans 

required by Chapter 173-303 WAC, or other plans required by other agencies which meet the 

intent of this section.

S9. RECEIVING WATER STUDY OF TEMPERATURE DISSOLVED OXYGEN

Temperature

The Permittee must collect information on the effluent and receiving water to determine if the 

effluent has a reasonable potential to cause a violation of the water quality standards. If 

reasonable potential exists, Ecology will use this information to calculate effluent limits. 

The Permittee must:

A. Submit a Sampling Quality Assurance Project Plan for Ecology review and approval.

B. Conduct all sampling and analysis in accordance with the guidelines given in Guidelines 

for Preparing Quality Assurance Project Plans for Environmental Studies, Ecology 

Publication 04-03-030 (http://www.ecy.wa.gov/pubs/0403030.pdf).

C. A model Quality Assurance Plan specific for temperature is available at 

http://www.ecy.wa.gov/programs/wq/permits/guidance.html.

D. Measure temperature in the ambient water upstream of the outfall during the first three 

years of the five year permit.

E. Use micro-recording temperature devices known as thermistors to measure temperature. 

Ecology’s Quality Assurance Project Plan Development Tool (Continuous Temperature 

Sampling Protocols for the Environmental Monitoring and Trends) contains protocols for 

continuous temperature sampling. This document is available online at 

http://www.ecy.wa.gov/programs/eap/qa/docs/QAPPtool/Mod6%20Ecology%20SOPs/Pr

otocols/ContinuousTemperatureSampling.pdf.

F. Calibrate the devices as specified in this document (paragraph D. above) unless using 

recording devices which are certified by the manufacturer. Ecology does not require 

manufacture-specific equipment as given in this document however; if the Permittee 

wishes to use measuring devices from another company, it must demonstrate the 

accuracy is equivalent.

G. Set the recording devices to record at one-half-hour intervals.

H. Report temperature monitoring data as: daily maximum, seven-day running average of 

the daily maximums, and the monthly maximum of the seven-day running average. The 

model Quality Assurance Plan shows an example of these calculations.\

I. Use the temperature device manufacturer’s software to generate (export) an excel text file 

of the temperature data. Send this file and placement logs to Ecology. The placement 

logs should include the following information for both thermistor deployment and 

retrieval: date, time, temperature device manufacturer ID, location, depth, whether it 

measured air or water temperature, and any other details that may explain data anomalies. 

An example of a placement log is shown in Appendix F of the document referenced in 

item D above.
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Permit No. WA0037338

J. Submit the temperature data for each month at the time of submittal of the discharge 

monitoring report.

Dissolved Oxygen Study

A. Submit a Sampling Quality Assurance Project Plan for Ecology review and approval.

B. Conduct all sampling and analysis in accordance with the guidelines given in Guidelines 

for Preparing Quality Assurance Project Plans for Environmental Studies, Ecology 

Publication 04-03-030 (http://www.ecy.wa.gov/pubs/0403030.pdf).

C. Measure dissolved oxygen in the ambient water upstream of the outfall during the first 

three years of the five year permit.

D. Report dissolved oxygen monitoring data as: daily maximum, seven-day running average 

of the daily maximums, and the monthly maximum of the seven-day running average.

E. Submit the dissolved oxygen data for each month at the time of submittal of the discharge 

monitoring report.

S10. ACUTE TOXICITY

A. Testing When There Is No Permit Limit for Acute Toxicity

The Permittee must:

1. Conduct acute toxicity testing on final effluent once in the last summer (MayNovember) and once in the last winter prior to submission of the application for 

permit renewal.

2. Submit the results to Ecology with the permit renewal application.

3. Conduct acute toxicity testing on a series of at least five concentrations of effluent, 

including 100 percent effluent, and a control.

4. Use each of the following species and protocols for each acute toxicity test:

Acute Toxicity Tests Species Method

Fathead minnow 96-hour 

static-renewal test 

Pimephales promelas EPA-821-R-02-012

Daphnid 48-hour static test Ceriodaphnia dubia, 

Daphnia pulex, or 

Daphnia magna

EPA-821-R-02-012
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Permit No. WA0037338

B. Sampling and Reporting Requirements

1. The Permittee must submit all reports for toxicity testing 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. Reports 

must contain bench sheets and reference toxicant results for test methods. If the 

lab provides the toxicity test data in electronic format for entry into Ecology’s 

database, then the Permittee must send the data to Ecology along with the test 

report, bench sheets, and reference toxicant results.

2. The Permittee must collect 24-hour composite effluent samples or grab samples 

for toxicity testing. The Permittee must cool the samples to 0 - 6 degrees Celsius 

during collection and send them to the lab immediately upon completion. The 

lab must begin the toxicity testing as soon as possible but no later than 36 hours 

after sampling was completed.

3. The laboratory must conduct water quality measurements on all samples and test 

solutions for toxicity testing, as specified in the most recent version of 

Department of Ecology Publication # WQ-R-95-80, Laboratory Guidance and 

Whole Effluent Toxicity Test Review Criteria.

4. All toxicity tests must meet quality assurance criteria and test conditions 

specified in the most recent versions of the EPA methods listed in subsection C. 

and Ecology of Ecology Publication # WQ-R-95-80, Laboratory Guidance and 

Whole Effluent Toxicity Test Review Criteria. If Ecology determines any test 

results to be invalid or anomalous, the Permittee must repeat the testing with 

freshly collected effluent.

5. The laboratory must use control water and dilution water meeting the 

requirements of the EPA methods listed in subsection A. or pristine natural water 

of sufficient quality for good control performance.

6. The Permittee must conduct whole effluent toxicity tests on an unmodified 

sample of final effluent.

7. The Permittee may choose to conduct a full dilution series test during compliance 

testing 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 acute critical effluent concentration (ACEC).

8. All whole effluent toxicity tests, effluent screening tests, and rapid screening 

tests that involve hypothesis testing must comply with the acute statistical power 

standard of 29 percent as defined in WAC 173-205-020. If the test does not meet 

the power standard, the Permittee must repeat the test on a fresh sample with an 

increased number of replicates to increase the power.

9. Reports of individual characterization test results must be submitted to Ecology 

within 60 days after each sample date.
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Permit No. WA0037338

S11. CHRONIC TOXICITY

A. Testing When There Is No Permit Limit for Chronic Toxicity

The Permittee must:

1. Conduct chronic toxicity testing on final effluent during once in the last summer 

(May-November) and once in the last winter prior to submission of the 

application for permit renewal).

2. Submit the results to Ecology with the permit renewal application.

3. Conduct chronic toxicity testing on a series of at least five concentrations of 

effluent and a control. This series of dilutions must include the acute critical 

effluent concentration (ACEC).

4. 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.

5. Perform chronic toxicity tests with all of the following species and the most 

recent version of the following protocols:

Freshwater Chronic Test Species Method

Fathead minnow Pimephales promelas EPA-821-R-02-013

Water flea Ceriodaphnia dubia EPA-821-R-02-013

B. Sampling and Reporting Requirements

1. The Permittee must submit all reports for toxicity testing 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. Reports 

must contain bench sheets and reference toxicant results for test methods. If the 

lab provides the toxicity test data in electronic format for entry into Ecology’s 

database, then the Permittee must send the data to Ecology along with the test 

report, bench sheets, and reference toxicant results.

2. The Permittee must collect 24-hour composite effluent samples or grab samples

for toxicity testing. The Permittee must cool the samples to 0 - 6 degrees Celsius 

during collection and send them to the lab immediately upon completion. The 

lab must begin the toxicity testing as soon as possible but no later than 36 hours 

after sampling was completed.

3. The laboratory must conduct water quality measurements on all samples and test 

solutions for toxicity testing, as specified in the most recent version of Department 

of Ecology Publication # WQ-R-95-80, Laboratory Guidance and Whole Effluent 

Toxicity Test Review Criteria.
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Permit No. WA0037338

4. All toxicity tests must meet quality assurance criteria and test conditions specified 

in the most recent versions of the EPA methods listed in subsection C. and the 

Department of Ecology Publication # WQ-R-95-80, Laboratory Guidance and 

Whole Effluent Toxicity Test Review Criteria. If Ecology determines any test 

results to be invalid or anomalous, the Permittee must repeat the testing with 

freshly collected effluent.

5. The laboratory must use control water and dilution water meeting the 

requirements of the EPA methods listed in subsection C. or pristine natural water 

of sufficient quality for good control performance.

6. The Permittee must conduct whole effluent toxicity tests on an unmodified sample 

of final effluent.

7. The Permittee may choose to conduct a full dilution series test during compliance 

testing 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 CCEC and the ACEC. The CCEC and the ACEC 

may either substitute for the effluent concentrations that are closest to them in the 

dilution series or be extra effluent concentrations.

8. All whole effluent toxicity tests that involve hypothesis testing must comply with 

the chronic statistical power standard of 39 percent as defined in WAC 173-205-

020. If the test does not meet the power standard, the Permittee must repeat the 

test on a fresh sample with an increased number of replicates to increase the 

power.

9. Reports of individual characterization test results must be submitted to Ecology 

within 60 days after each sample date.
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Permit No. WA0037338

GENERAL CONDITIONS

G1. SIGNATORY REQUIREMENTS

A. All applications, reports, or information submitted to Ecology must be signed and 

certified.

(a) In the case of corporations, by a responsible corporate officer.

For the purpose of this section, a responsible corporate officer means: (i) A 

president, secretary, treasurer, or vice-president of the corporation in charge of a 

principal business function, or any other person who performs similar policy- or 

decision making functions for the corporation, or (ii) the manager of one or more 

manufacturing, production, or operating facilities, provided, the manager is 

authorized to make management decisions which govern the operation of the 

regulated facility including having the explicit or implicit duty of making major 

capital investment recommendations, and initiating and directing other 

comprehensive measures to assure long term environmental compliance with 

environmental laws and regulations; the manager can ensure that the necessary 

systems are established or actions taken to gather complete and accurate 

information for permit application requirements; and where authority to sign 

documents has been assigned or delegated to the manager in accordance with 

corporate procedures. 

(b) In the case of a partnership, by a general partner.

(c) In the case of sole proprietorship, by the proprietor.

(d) In the case of a municipal, state, or other public facility, by either a principal 

executive officer or ranking elected official.

Applications for permits for domestic wastewater facilities that are either owned 

or operated by, or under contract to, a public entity shall be submitted by the 

public entity.

B. All reports required by this permit and other information requested by Ecology must 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 

Ecology.

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 
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Permit No. WA0037338

operation of the facility, a new authorization satisfying the requirements of paragraph B.2 

above must be submitted to Ecology 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 must 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 must allow an authorized representative of Ecology, upon the presentation of 

credentials and such other documents as may be required by law:

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 Ecology’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.
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Permit No. WA0037338

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.

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. Ecology 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 Ecology determines that modification or revocation and reissuance is 

appropriate.

2. Ecology 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.
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Permit No. WA0037338

G4. REPORTING PLANNED CHANGES

The Permittee must, as soon as possible, but no later than sixty (60) days prior to the proposed 

changes, give notice to Ecology 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 must be submitted to Ecology for approval in accordance with 

Chapter 173-240 WAC. Engineering reports, plans, and specifications must be submitted at least 

180 days prior to the planned start of construction unless a shorter time is approved by Ecology. 

Facilities must be constructed and operated in accordance with the approved plans.

G6. COMPLIANCE WITH OTHER LAWS AND STATUTES

Nothing in this permit must be construed as excusing the Permittee from compliance with any 

applicable federal, state, or local statutes, ordinances, or regulations.

G7. TRANSFER OF THIS PERMIT

In the event of any change in control or ownership of facilities from which the authorized 

discharge emanate, the Permittee must notify the succeeding owner or controller of the existence 

of this permit by letter, a copy of which must be forwarded to Ecology.

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 Ecology 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.
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Permit No. WA0037338

3. Ecology 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.

G8. REDUCED PRODUCTION FOR COMPLIANCE

The Permittee, in order to maintain compliance with its permit, must 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.

G9. REMOVED SUBSTANCES

Collected screenings, grit, solids, sludges, filter backwash, or other pollutants removed in the 

course of treatment or control of wastewaters must not be resuspended or reintroduced to the final 

effluent stream for discharge to state waters. 

G10. DUTY TO PROVIDE INFORMATION

The Permittee must submit to Ecology, within a reasonable time, all information which Ecology

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 must also 

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

G11. OTHER REQUIREMENTS OF 40 CFR

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

G12. ADDITIONAL MONITORING

Ecology may establish specific monitoring requirements in addition to those contained in this 

permit by administrative order or permit modification.

G13. PAYMENT OF FEES

The Permittee must submit payment of fees associated with this permit as assessed by Ecology.

G14. PENALTIES FOR VIOLATING PERMIT CONDITIONS

Any person who is found guilty of willfully violating the terms and conditions of this permit is 

deemed guilty of a crime, and upon conviction thereof will 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 is a separate and additional violation. 

Any person who violates the terms and conditions of a waste discharge permit must 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 is a separate and distinct offense, and in 
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Permit No. WA0037338

case of a continuing violation, every day's continuance is deemed to be a separate and distinct 

violation.

G15. UPSET

Definition – “Upset” means an exceptional incident in which there is unintentional and temporary 

noncompliance with technology-based permit effluent limits 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 limits if the requirements of the following paragraph are met.

A Permittee who wishes to establish the affirmative defense of upset must 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 S3.E; and 4) the Permittee complied with any remedial measures required 

under S4.C of this permit.

In any enforcement proceedings the Permittee seeking to establish the occurrence of an upset has 

the burden of proof.

G16. PROPERTY RIGHTS

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

G17. DUTY TO COMPLY

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

constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit 

termination, revocation and reissuance, or modification; or denial of a permit renewal application.

G18. TOXIC POLLUTANTS

The Permittee must 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.

G19. 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 will, 

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 

will 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.
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Permit No. WA0037338

G20. 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 Ecology 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).

G21. 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 must be submitted no later than 

14 days following each schedule date.
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Permit No. WA0037338

APPENDIX A

EFFLUENT CHARACTERIZATION FOR POLLUTANTS 

THIS LIST INCLUDES EPA REQUIRED POLLUTANTS (PRIORITY POLLUTANTS) AND 

SOME ECOLOGY PRIORITY TOXIC CHEMICALS (PBTs)

The following table with analytical methods and levels is to be used as guidance for effluent 

characterization in NPDES permit applications, applications for permit renewal, and monitoring required 

by permit. This attachment is used in conjunction with Section V, Parts A, B, and C of EPA Application 

Form 2C, Parts A.12, B.6, and D of EPA application form 2A and with State applications. This 

attachment specifies effluent characterization requirements of the Department of Ecology. For 

application, analyze your wastewater for all parameters required by the application and any additional 

pollutants with an X in the left column. The data should be compiled from last year’s data if it is a 

parameter routinely measured. If you are a primary industry category with effluent guidelines you may 

have some mandatory testing requirements (see Table 2C-2 of Form 2C). If you are a municipal POTW 

you also have some mandatory testing requirements which are dependent upon the design flow (see EPA 

form 2A). 

The permit applications will specify the groups of compounds to be analyzed. Ecology may require 

additional pollutants to be analyzed within a group. The objectives are to reduce the number of analytical 

“non-detects” in applications and to measure effluent concentrations near or below criteria values where 

possible at a reasonable cost. If an applicant or Permittee knows that an alternate, less sensitive method 

(higher DL and QL) from 40 CFR Part 136 is sufficient to produce measurable results in their effluent, 

that method may be used for analysis.

Pollutant & CAS No. (if 

available)

Recommended 

Analytical 

Protocol

Detection 

(DL)2

μg/L 

unless 

specified

Quantitation

Level (QL) 3

μg/L unless 

specified

CONVENTIONALS

Biochemical Oxygen Demand SM5210-B 2 mg/L

Chemical Oxygen Demand SM5220-D 10 mg/L

Total Organic Carbon SM5310-B/C/D 1 mg/L

Total Suspended Solids SM2540-D 5 mg/L

Total Ammonia (as N) SM4500-NH3-

GH 0.3 mg/L

Flow Calibrated device

Dissolved oxygen 4500-OC/OG 0.2 mg/L

Temperature (max. 7-day avg.)

Analog recorder 

or Use microrecording devices 

known as 

thermistors

0.2o C

pH SM4500-H

+ B N/A N/A
Page 31 of 37

Permit No. WA0037338

Pollutant & CAS No. (if 

available)

Recommended 

Analytical 

Protocol

Detection 

(DL)2

μg/L 

unless 

specified

Quantitation

Level (QL) 3

μg/L unless 

specified

NONCONVENTIONALS

Total Alkalinity SM2320-B

5 mg/L as

CaCo3

Bromide (24959-67-9) 4110 B 100 400

Chlorine, Total Residual 4500 Cl G 50.0

Color SM2120 B/C/E 10 color unit

Fecal Coliform SM 9221E N/A N/A

Fluoride (16984-48-8) SM4500-F E 25 100

Nitrate-Nitrite (as N) 4500-NO3-

E/F/H 100

Nitrogen, Total Kjeldahl (as N) 4500-NH3-

C/E/FG 300

Ortho-Phosphate (PO4 as P) 4500- PE/PF 30 100

Phosphorus, Total (as P) 4500-PE/PF 30 100

Oil and Grease (HEM) 1664A 5,000

Radioactivity Table 1E

Salinity SM2520-B 3 PSS

Settleable Solids SM2540 -F 100

Sulfate (as mg/L SO4) SM4110-B 200

Sulfide (as mg/L S) 4500-S

2

F/D/E/G 200

Sulfite (as mg/L SO3) SM4500-SO3B 2000

Surfactants SM5540 C 50

Total dissolved solids SM2540 C 20 mg/L

Total Hardness 2340B 200 as CaCO3

Aluminum, Total (7429-90-5) 200.8 2.0 10

Barium Total (7440-39-3) 200.8 0.5 2.0

Boron Total (7440-42-8) 200.8 2.0 10.0

Cobalt, Total (7440-48-4) 200.8 0.05 0.25

Iron, Total (7439-89-6) 200.8 12.5 50

Magnesium, Total (7439-95-4) 200.8 10 50

Molybdenum, Total (7439-98-

7) 200.8 0.1 0.5
Page 32 of 37

Permit No. WA0037338

Pollutant & CAS No. (if 

available)

Recommended 

Analytical 

Protocol

Detection 

(DL)2

μg/L 

unless 

specified

Quantitation

Level (QL) 3

μg/L unless 

specified

Manganese, Total (7439-96-5) 200.8 0.1 0.5

Tin, Total (7440-31-5) 200.8 0.3 1.5

Titanium, Total (7440-32-6) 200.8 0.5 2.5

METALS, CYANIDE & TOTAL PHENOLS

Antimony, Total (7440-36-0) 200.8 0.3 1.0

Arsenic, Total (7440-38-2) 200.8 0.1 0.5

Beryllium, Total (7440-41-7) 200.8 0.1 0.5

Cadmium, Total (7440-43-9) 200.8 0.05 0.25

Chromium (hex) dissolved 

(185-402-99) SM3500-Cr EC 0.3 1.2

Chromium, Total (7440-47-3) 200.8 0.2 1.0

Copper, Total (7440-50-8) 200.8 0.4 2.0

Lead, Total (7439-92-1) 200.8 0.1 0.5

Mercury, Total (7439-97-6) 1631E 0.0002 0.0005

Nickel, Total (7440-02-0) 200.8 0.1 0.5

Selenium, Total (7782-49-2) 200.8 1.0 1.0

Silver, Total (7440-22-4) 200.8 0.04 0.2

Thallium, Total (7440-28-0) 200.8 0.09 0.36

Zinc, Total (7440-66-6) 200.8 0.5 2.5

Cyanide, Total (7440-66-6) 335.4 5 10

Cyanide, Available SM4500-CN G 5 10

Phenols, Total EPA 420.1 50

DIOXIN

2,3,7,8-Tetra-Chlorodibenzo-PDioxin (176-40-16) 1613B 1.3 pg/L 5 pg/L

VOLATILE COMPOUNDS

Acrolein (107-02-8) 624 5 10

Acrylonitrile (107-13-1) 624 1.0 2.0

Benzene (71-43-2) 624 1.0 2.0

Bis(2-Chloroethyl)ether (111-

44-4)

611/625 1.0 2.0
Page 33 of 37

Permit No. WA0037338

Pollutant & CAS No. (if 

available)

Recommended 

Analytical 

Protocol

Detection 

(DL)2

μg/L 

unless 

specified

Quantitation

Level (QL) 3

μg/L unless 

specified

Bis(2-Chloroisopropyl) ether 

(108-60-1)

611/625 1.0 2.0

Bromoform (75-25-2) 624 1.0 2.0

Carbon tetrachloride (108-90-7) 624/601 or 

SM6230B

1.0 2.0

Chlorobenzene (108-90-7) 624 1.0 2.0

Chloroethane (75-00-3) 624/601 1.0 2.0

2-Chloroethylvinyl Ether (110-

75-8) 624 1.0 2.0

Chloroform (67-66-3) 624 or SM6210B 1.0 2.0

Dibromochloromethane (124-

48-1) 624 1.0 2.0

1,2-Dichlorobenzene (95-50-1) 624 1.9 7.6

1,3-Dichlorobenzene (541-73-

1) 624 1.9 7.6

1,4-Dichlorobenzene (106-46-

7) 624 4.4 17.6

 3,3’-Dichlorobenzidine (91-94-

1) 605/625 0.5 1.0

Dichlorobromomethane (75-27-

4) 624 1.0 2.0

1,1-Dichloroethane (75-34-3) 624 1.0 2.0

1,2-Dichloroethane (107-06-2) 624 1.0 2.0

1,1-Dichloroethylene (75-35-4) 624 1.0 2.0

1,2-Dichloropropane (78-87-5) 624 1.0 2.0

1,3-dichloropropylene (mixed 

isomers) (542-75-6) 624 1.0 2.0

Ethylbenzene (100-41-4) 624 1.0 2.0

Methyl bromide (74-83-9) 

(Bromomethane) 624/601 5.0 10.0

Methyl chloride (74-87-3) 

(Chloromethane) 624 1.0 2.0

Methylene chloride (75-09-2) 624 5.0 10.0

1,1,2,2-Tetrachloroethane (79-

34-5) 624 1.9 2.0

Tetrachloroethylene (127-18-4) 624 1.0 2.0

Toulene (108-88-3) 624 1.0 2.0

1,2-Trans-Dichloroethylene 

624 1.0 2.0
Page 34 of 37

Permit No. WA0037338

Pollutant & CAS No. (if 

available)

Recommended 

Analytical 

Protocol

Detection 

(DL)2

μg/L 

unless 

specified

Quantitation

Level (QL) 3

μg/L unless 

specified

(156-60-5) (Ethylene 

dichloride)

1,1,1-Trichloroethane (71-55-6) 624 1.0 2.0

1,1,2-Trichloroethane (79-00-5) 624 1.0 2.0

Trichloroethylene (79-01-6) 624 1.0 2.0

Vinyl chloride (75-01-4) 624/SM6200B 1.0 2.0

ACID COMPOUNDS

2-Chlorophenol (95-57-8) 625 1.0 2.0

2,4-Dichlorophenol (120-83-2) 625 0.5 1.0

2,4-Dimethylphenol (105-67-9) 625 0.5 1.0

4,6-dinitro-o-cresol (534-52-1) 

(2-methyl-4,6,-dinitrophenol) 625/1625B 1.0 2.0

2,4 dinitrophenol (51-28-5) 625 1.0 2.0

2-Nitrophenol (88-75-5) 625 0.5 1.0

4-nitrophenol (100-02-7) 625 0.5 1.0

Parachlorometa cresol (59-50-

7) (4-chloro-3-methylphenol) 625 1.0 2.0

Pentachlorophenol (87-86-5) 625 0.5 1.010

Phenol (108-95-2) 625 2.0 4.0

2,4,6-Trichlorophenol (88-06-2) 625 2.0 4.0

BASE/NEUTRAL COMPOUNDS (compounds in bold are Ecology PBTs)

Acenaphthene (83-32-9) 625 0.2 0.4

Acenaphtylene (208-96-8) 625 0.3 0.6

Anthracene (120-12-7) 625 0.3 0.6

Benzidine (92-87-5) 625 12 24

Benzyl butyl phthalate (85-68-

7) 625 0.3 0.6

Benzo(a)anthracene (56-55-3) 625 0.3 0.6

Benzo(j)fluoranthene (205-82-

3) 625 0.5 1.0

Benzo(r,s,t)pentaphene (189-

55-9) 625 0.5 1.0

Benzo(a)pyrene (50-32-8) 610/625 0.5 1.0
Page 35 of 37

Permit No. WA0037338

Pollutant & CAS No. (if 

available)

Recommended 

Analytical 

Protocol

Detection 

(DL)2

μg/L 

unless 

specified

Quantitation

Level (QL) 3

μg/L unless 

specified

3,4-benzofluoranthene 

(Benzo(b)fluoranthene) (205-

99-2)

610/625 0.8 1.6

11,12-benzofluoranthene 

(Benzo(k)fluoranthene) (207-

08-9)

610/625 0.8 1.6

Benzo(ghi)Perylene (191-24-2) 610/625 0.5 1.0

Bis(2-chloroethoxy)methane 

(111-91-1) 625 5.3 21.2

Bis(2-chloroethyl)ether (111-

44-4) 611/625 0.3 1.0

Bis(2-chloroisopropyl)ether 

(108-60-1) 625 0.3 0.6

Bis(2-ethylhexyl)phthalate (117-

81-7) 625 0.1 0.5

4-Bromophenyl phenyl ether 

(101-55-3) 625 0.2 0.4

2-Chloronaphthalene (91-58-7) 625 0.3 0.6

4-Chlorophenyl phenyl ether 

(7005-72-3) 625 0.3 0.5

Chrysene (218-01-9) 610/625 0.3 0.6

Dibenzo (a,j)acridine (224-42-

0) 610M/625M 2.5 10.0

Dibenzo (a,h)acridine (226-36-

8) 610M/625M 2.5 10.0

Dibenzo(a-h)anthracene (53-70-

3)(1,2,5,6-dibenzanthracene) 625 0.8 1.6

Dibenzo(a,e)pyrene (192-65-4) 610M/625M 2.5 10.0

Dibenzo(a,h)pyrene (189-64-0) 625M 2.5 10.0

3,3’-Dichlorobenzidine (91-94-

1) 605/625 0.5 1.0

Diethyl phthalate (84-66-2) 625 1.9 7.6

Dimethyl phthalate (131-11-3) 625 1.6 6.4

Di-n-butyl phthalate (84-74-2) 625 0.5 1.0

2,4-dinitrotoluene (121-14-2) 609/625 0.2 0.4

2,6-dinitrotoluene (606-20-2) 609/625 0.2 0.4

Di-n-octyl phthalate (117-84-0) 625 0.3 0.6

1,2-Diphenylhydrazine (as 

Azobenzene) (122-66-7) 1625B 5.0 20
Page 36 of 37

Permit No. WA0037338

Pollutant & CAS No. (if 

available)

Recommended 

Analytical 

Protocol

Detection 

(DL)2

μg/L 

unless 

specified

Quantitation

Level (QL) 3

μg/L unless 

specified

Fluoranthene (206-44-0) 625 0.3 0.6

Fluorene (86-73-7) 625 0.3 0.6

Hexachlorobenzene (118-74-1) 612/625 0.3 0.6

Hexachlorobutadiene (87-68-3) 625 0.5 1.0

Hexachlorocyclopentadiene 

(77-47-4) 1625B/625 0.5 1.0

Hexachloroethane (67-72-1) 625 0.5 1.0

Indeno(1,2,3-cd)Pyrene (193-

39-5) 610/625 0.5 1.0

Isophorone (78-59-1) 625 0.5 1.0

3-Methyl cholanthrene (56-

49-5) 625 2.0 8.0

Naphthalene (91-20-3) 625 0.3 0.6

Nitrobenzene (98-95-3) 625 0.5 1.0

N-Nitrosodimethylamine (62-

75-9) 607/625 2.0 4.0

N-Nitrosodi-n-propylamine 

(621-64-7) 607/625 0.5 1.0

N-Nitrosodiphenylamine (86-

30-6) 625 0.5 1.0

Perylene (198-55-0) 625 1.9 7.6

Phenanthrene (85-01-8) 625 0.3 0.6

Pyrene (129-00-0) 625 0.3 0.6

1,2,4-Trichlorobenzene (120-

82-1) 625 0.3 0.6

PESTICIDES/PCBs

Aldrin (309-00-2) 608 0.025 0.05

alpha-BHC (319-84-6) 608 0.025 0.05

beta-BHC (319-85-7) 608 0.025 0.05

gamma-BHC (58-89-9) 608 0.025 0.05

delta-BHC (319-86-8) 608 0.025 0.05

Chlordane (57-74-9) 608 0.025 0.05

4,4’-DDT (50-29-3) 608 0.025 0.05

4,4’-DDE (72-55-9) 608 0.025 0.0510
Page 37 of 37

Permit No. WA0037338

Pollutant & CAS No. (if 

available)

Recommended 

Analytical 

Protocol

Detection 

(DL)2

μg/L 

unless 

specified

Quantitation

Level (QL) 3

μg/L unless 

specified

4,4’ DDD (72-54-8) 608 0.025 0.05

Dieldrin (60-57-1) 608 0.025 0.05

alpha-Endosulfan (959-98-8) 608 0.025 0.05

beta-Endosulfan (33213-65-9) 608 0.025 0.05

Endosulfan Sulfate (1031-07-8) 608 0.025 0.05

Endrin (72-20-8) 608 0.025 0.05

Endrin Aldehyde (7421-93-4) 608 0.025 0.05

Heptachlor (76-44-8) 608 0.025 0.05

Heptachlor Epoxide (1024-57-

3) 608 0.025 0.05

PCB-1242 (53469-21-9) 608 0.25 0.5

PCB-1254 (11097-69-1) 608 0.25 0.5

PCB-1221 (11104-28-2) 608 0.25 0.5

PCB-1232 (11141-16-5) 608 0.25 0.5

PCB-1248 (12672-29-6) 608 0.25 0.5

PCB-1260 (11096-82-5) 608 0.13 0.5

PCB-1016 (12674-11-2) 608 0.13 0.5

Toxaphene (8001-35-2) 608 0.24 0.5

1. Detection level (DL) or detection limit means the minimum concentration of an analyte

(substance) that can be measured and reported with a 99% confidence that the analyte 

concentration is greater than zero as determined by the procedure given in 40 CFR Part 136, 

Appendix B.

2. Quantitation Level (QL) is equivalent to EPA’s Minimum Level (ML) which is defined in 40 

CFR Part 136 as the minimum level at which the entire GC/MS system must give recognizable 

mass spectra (background corrected) and acceptable calibration points. These levels were 

published as proposed in the Federal Register on March 28, 1997.