Page 1 of 

### 34 Permit No. WA0039624

Issuance Date: May 28, 2008 Effective Date: July 1, 2008 Expiration Date: June 30, 2013 Modification Date: June 10, 2009 Modification Date: July 10, 2009 Modification Date: June 25, 2010



### NATIONAL POLLUTANT DISCHA RGE ELIMINATION SYSTEM WASTE DISCHARGE PERM IT NO. WA0039624

State of Washington DEPARTMENT OF ECOLOGY Olympia, Washington 98504-7775
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.

Pierce Count y Public Works and Utilities
9850 Chambers Creek Road
Universit y Place , WA 98467-1040

Plant Location : 10311 Chambers Creek RD University Place, WA 98467-1040 Receiving Water : Puget Sound

Water Body I.D. No. : 25-00-02 Discharge Location : Latitude: 47 ° 11' 41.5" N Longitude: 122 ° 35' 2.1" W Plant Type : Activated Sludge Secondary Treatment UV Disinfection
is authorized to discharge in accordance with the special and general conditions that follow.

Garin Schrieve, P.E. Southwest Regional Manager Water Quality Program Washington State Department of EcologyPage 2 of 

### 34 Permit No. WA0039624

TABLE OF CONTENTS

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

SPECIAL CONDITIONS

S1. DISCHARGE LIMITATIONS ..................................................................................................... ... 6 A. Effluent Limitations B. Mixing Zone Descriptions

S2. MONITORING REQUIREMENTS ................................................................................................ 7 A. Monitoring Schedule (1) B. Sampling and Analytical Procedures C. Flow Measurement D. Laboratory Accreditation

S3. REPORTING AND RECORDK EEPING REQUIREMENTS ..................................................... 10 A. Reporting B. Records Retention C. Recording of Results D. Additional Monitoring by the Permittee E. Noncompliance Notification F. Other Noncompliance Reporting G. Maintaining a Copy of This Permit

S4. FACILITY LOADING ......................................................................................................... ......... 12 A. Design Criteria B. Plans for Maintaining Adequate Capacity C. Duty to Mitigate D. Notification of New or Altered Sources E. Infiltration and Inflow Evaluation F. Waste load Assessment

S5. OPERATION AND MA INTENANCE ......................................................................................... 14 A. Certified Operator B. O & M Program C. Short-term Reduction D. Electrical Power Failure E. Prevent Connection of Inflow F. Bypass Procedures G. Operations and Maintenance Manual

S6. PRETREATMENT .............................................................................................................. .......... 17 A. General Requirements B. Monitoring Requirements C. Reporting of Monitoring Results D. Local Limit Development

S7. RESIDUAL SOLIDS ........................................................................................................... .......... 22Page 3 of 

### 34 Permit No. WA0039624



### S8. ACUTE TOXICITY ..........................................................................................................22 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

S9. CHRONIC TOXICITY .......................................................................................................... ........ 25 A. Testing When There is No Permit Limit for Chronic Toxicity B. Sampling and Reporting Requirements

S10. OUTFALL EVALUATION ....................................................................................................... ... 27



### S11. INFLUENT FLOW MONITORING .....................................................................................

GENERAL CONDITIONS
G1. SIGNATORY REQUIREMENTS ................................................................................................. 28 G2. RIGHT OF INSPECTION AND ENTRY ..................................................................................... 28 G3. PERMIT ACTIONS ............................................................................................................ .......... 29 G4. REPORTING A CAUSE FOR MODIFICATION ........................................................................ 30 G5. PLAN REVIEW REQUIRED ...................................................................................................... . 30 G6. COMPLIANCE WITH OTHER LAWS AND STATUTES ......................................................... 30 G7. DUTY TO REAPPLY ........................................................................................................... ........ 30 G9. REDUCED PRODUCTION FOR COMPLIANCE ...................................................................... 31 G10. REMOVED SUBSTANCES ....................................................................................................... .. 31 G11. DUTY TO PROVIDE INFORMATION ....................................................................................... 31 G12. OTHER REQUIREMENTS OF 40 CFR ....................................................................................... 32 G13. ADDITIONAL MONITORING .................................................................................................... 32 G14. PAYMENT OF FEES .......................................................................................................... .......... 32 G15. PENALTIES FOR VIOLAT ING PERMIT C ONDITIONS.......................................................... 32 G16. UPSET .................................................................................................................... ....................... 32 G17. PROPERTY RIGHTS .......................................................................................................... .......... 33 G18. DUTY TO COMPLY ........................................................................................................... ......... 33 G19. TOXIC POLLUTANTS ......................................................................................................... ........ 33 G20. PENALTIES FOR TAMPERING ................................................................................................. 33 G21. REPORTING PL ANNED CHANGES .......................................................................................... 33 G22. REPORTING ANTICIPATED NON-COMPLIANCE ................................................................. 33 G23. REPORTING OTHER INFORMATION ...................................................................................... 34 G24. REPORTING REQUIREMENTS APPLICABLE TO EXISTING MANUFACTURING, COMMERCIAL, MINING, AND SILVICULTURAL DISCHARGERS ............................. 34 G25. COMPLIANCE SCHEDULES ..................................................................................................... 34Page 4 of 

### 34 Permit No. WA0039624

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. Priority Pollutant Metals (see table footnotes) Semi-Annual January 15, 2009 (On December 2008 DMR)

S2.A. Priority Pollutant Scan (see table footnotes) Annually April 15, 2009 (On March 2009 DMR)

S3.A Discharge Monitoring Report Monthly August 15, 2008

S3.E Noncompliance Notification As necessary

S3.F Shellfish Protection As necessary

S4.B Plans for Maintaining Adequate Capacity As necessary

S4.C Notification of New or Altered Sources As necessary

S4.E Infiltration and Inflow Ev aluation Annually March 15, 2009

S4.F Waste load Assessment Annually March 15, 2009

S6.A.5 Pretreatment Report Annually February 15, 2009

S8.B Acute Toxicity Compliance Monitoring Reports Quarterly Testing Begins March 15, 2009, Report due 60 days following the sample date

S8.C Acute Toxicity: “Causes and Preventative Measures for Transient Events.” As necessary

S8.C Acute Toxicity TI/TRE Plan As necessary

S9.A. Chronic Toxicity Effluent Sampling 2/permit cycle (Once in once in

the winter of 2011-2012 and

once in the summer of 2012) Submit test results by April 1, 2012; and November 1, 2012

S10. Outfall Evaluation 1/permit cycle December 1, 2012

S11. Influent Flow Monitoring Plan 1/permit cycle December 1, 2008

S11. Influent Flow Monitoring Constr uction 1/permit cycle September 1, 2010

G1. Notice of Change in Authorization As necessary

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



### Modification Date: June 25, 2010Page 5 of 

### 34 Permit No. WA0039624

Permit Section Submittal Frequency First Submittal Date

G5. Engineering Report for Construction or Modification Activities As necessary

G7. Application for Permit Renewal 1/permit cycle December 1, 2012

G21 Notice of Planned Changes As necessary

G22 Reporting Anticipated Non-compliance As necessaryPage 6 of 

### 34 Permit No. WA0039624

SPECIAL CONDITIONS

S1. DISCHARGE LIMITATIONS

A. Effluent Limitations

All discharges and activities authorized by this permit shall be consis tent with the terms and conditions of this permit. The dischar ge 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 te rms and conditions of this permit.

Beginning on the effective date of this permit and lasting through the expiration date the Permittee is authorized to discharge municipa l wastewater at the permitted location subject to complying with the following limitations:

EFFLUENT LIMITATIONS a : OUTFALL # 001

Parameter Average Monthly Average Weekly

Carbonaceous Biochemical Oxygen Demand b (5 day) 25 mg/L 5,984 lbs/day 85% Removal 40 mg/L 9,574 lbs/day

Total Suspended Solids c 30 mg/L 7,181 lbs/day 85% Removal 45 mg/L 10,771 lbs/day

Fecal Coliform Bacteria 200/100 mL 400/100 mL

pH d Daily minimum is equal to or greater than 6.0 and the daily maximum is less than or equal to 9.0

Acute Toxicity No acute toxicity detected in a test concentration representing the acute critical effluent concentration (ACEC).

a The average monthly and weekly effluent limitations are based on the arithmetic mean of the samples taken with the exception of fecal coliform, which is based on the geometric mean.

b The average monthly effluent concentration for CBOD 5 shall not exceed 25 mg/L or 15 percent of the respective monthly average influent concen trations, whichever is more stringent.

c The average monthly effluent concentration for Tota l Suspended Solids shall not exceed 30 mg/L or 15 percent of the respective monthly average influent concentrations, whichever is more stringent.

d Indicates the range of permitted values. When pH is continuously monitored, excursions between 5.0 and 6.0, or 9.0 and 10.0 shall not be considered violations provided no single excursion exceeds 60 minutes in length and total excursions do not exceed 7 hours and 30 minutes per month. Any excursions below 5.0 and above 10.0 are violations. The instantaneous maximum and minimum pH shall be reported monthly.

B. Mixing Zone Descriptions

The maximum boundaries of the Chambers Creek mixing zones are defined for estuarine waters as follows:

The maximum size of the mixing zone shall not extend in any horizontal direction from the discharge port(s) for a distance greater th an 200 feet plus the depth of water over the discharge port(s) as measured during mean lower low water (110 feet); and not occupyPage 7 of 

### 34 Permit No. WA0039624

greater than 25 percent of the width of the water body as measured during mean lower low water.

The chronic mixing zone is a radial horizontal distance of 310 feet from each diffuser port.

The acute mixing zone shall not extend beyond ten percent of the distance to the chronic mixing zone. The acute mixing zone is described as a cylinder centered around each diffuser port extending from the bottom to the surface with a radius of 31 feet.

S2. MONITORING REQUIREMENTS

A. Monitoring Schedule (1)

Category Parameter Units Minimum Sampling Frequency Sample Type

Wastewater

Influent Flow MGD continuous (2) record daily totalizer

Wastewater

Influent CBOD 5 mg/L lbs/day 2/week 24-hour composite

Wastewater

Influent BOD 5 mg/L lbs/day 2/week 24-hour composite

Wastewater

Influent TSS mg/L lbs/day 2/week 24-hour composite

Wastewater

Influent Total Ammonia as N mg/L Monthly 24-hour composite

Wastewater

Influent Nitrate + Nitrite as N mg/L Monthly 24-hour composite

Wastewater

Influent Total Kjeldahl Nitrogen (TKN) as N mg/L Monthly 24-hour composite

Wastewater

Influent Ortho-phosphate (PO 4 ) as P mg/L Monthly 24-hour composite

Wastewater

Influent Total Phosphorus as P mg/L Monthly 24-hour composite

Wastewater

Influent Priority Pollutant Metals mg/L Semi-annual (4) 24-hour composite

Wastewater

Influent Priority Pollutant Scan mg/L yearly (5) 24-hour composite



### Modification Date: June 10, 2009 Modification Date: July 10, 2009Page 8 of 

### 34 Permit No. WA0039624

Category Parameter Units Minimum Sampling Frequency Sample Type

Wastewater

Effluent Temperature o C daily (7/week) grab/meter

Wastewater

Effluent CBOD 5 mg/L lbs/day 2/week 24-hour composite

Wastewater

Effluent TSS mg/L lbs/day 2/week 24-hour composite

Wastewater

Effluent Fecal Coliform cfu/100ml 5/week grab

Wastewater

Effluent pH Standard Units daily (7/week) measurement

Wastewater

Effluent Total Residual Chlorine mg/L Daily when chlorine is used grab

Wastewater

Effluent Total Ammonia (as NH 3 -N) mg/L 3/week 24-hour composite

Wastewater

Effluent Nitrate + Nitrite as N mg/L Monthly 24-hour composite

Wastewater

Effluent Total Kjeldahl Nitrogen (TKN) as N mg/L Monthly 24-hour composite

Wastewater

Effluent Ortho-phosphate (PO 4 ) as P mg/L Monthly 24-hour composite

Wastewater

Effluent Total Phosphorus as P mg/L Monthly 24-hour composite

Wastewater

Effluent Dissolved Oxygen mg/L daily (7/week) grab

Wastewater

Effluent Priority Pollutant Metals mg/L Semi-annual (4) 24-hour composite

Wastewater

Effluent Priority Pollutant Scan mg/L yearly (5) 24-hour composite

Wastewater

Effluent Acute Toxicity Testing quarterly (3) 24-hour composite

Wastewater

Effluent Chronic Toxicity Testing Per S9.A 24-hour composite



### Modification Date: June 10, 2009 Modification Date: July 10, 2009Page 9 of 

### 34 Permit No. WA0039624

Category Parameter Units Minimum Sampling Frequency Sample Type

Biosolids Priority Pollutant Metals mg/L Semi-annual (4) grab

Biosolids Priority Pollutant Scan mg/L yearly (5) grab

(1) For all monitoring, the Permittee shall use methods that can achieve a method detection level (MDL)

equal to 0.1 times the effluent limitation or the most sensitive EPA approved method, whichever is greater. If the analytical result for any sample is below the MDL, the Permittee shall report “less than {numeric MDL}” on the DMR. For purposes of averag ing results, the Permittee shall use actual values for all values above the MDL and zero for values below the MDL. (2) Continuous means uninterrupted except for brief length s of time for calibration, for power failure, or for

unanticipated equipment repair or maintenance. Sampling shall be taken every four hours when continuous monitoring is not possible. (3) Quarterly is defined as: Report on the March, J une, September, and December DMR of each year. (4) Semi-annual is defined as reporting on the June and December DMR of each year. (5) Yearly is defined as reporting on March DMR of each year.

B. 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 disch arge or discharge condition, including bypasses, upsets and maintenance-related conditions affecting effluent quality.

Sampling and analytical methods used to me et the monitoring requirements specified in this permit shall 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 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 (Ecology).

C. Flow Measurement

Appropriate flow measuremen t 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 th e accuracy of the measurements are consistent with the accepted industry standard for that ty pe of device. Frequency of calibration shall be in conformance with manufacturer's reco mmendations and at a minimum frequency of at least one calibration per year. Calibration r ecords shall be maintained for at least three
years.
D. Laboratory Accreditation

All monitoring data required by Ecology 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, and internal process cont rol parameters are exempt from this requirement. Conductivity and pH shall be accredited if the laboratory must otherwise bePage 10 of 

### 34 Permit No. WA0039624

registered or accredited. Ecology exempt s crops, soils, and hazardous waste data from this requirement pending accreditation of laboratories for analysis of these media.

S3. REPORTING AND RECORDKEEPING REQUIREMENTS

The Permittee must monitor and report in accordance with the following conditions. Falsification of information submitted to Ecology is a violati on of the terms and conditions of this permit.

A. Reporting

The first monitoring period begins on the effec tive date of the permit. Monitoring results shall be submitted monthly. Monitoring da ta obtained during each monitoring period shall be summarized, reported, and submitted on a Discharge Monitoring Report (DMR) form provided, or otherwise approved, by Ecology. DMR forms shall be received by Ecology no later than the 15th day of the month following the completed monitoring period, unless otherwise specified in this permit. Priority pollutant analysis data shall be submitted no later than 45 days following th e monitoring period. Unless otherwise specified, all toxicity test data shall be su bmitted within 60 days after the sample date. The report(s) shall be sent to the Department of Ecology, Southwest Regional Office, P.O. Box 47775, Olympia, Washington 98504-7775.

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

Discharge Monitoring Report forms must be submitted monthly whether or not the facility was discharging. If there was no di scharge 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 a ll calibration and maintenance records and all original recordings for continuous monitori ng 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 Ecology.

C. Recording of Results

For each measurement or sample taken, the Permittee shall record the following information: (1) the date, exact place, met hod, 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 pe rformed the analyses; (5) the analytical techniques or methods used; and (6) the results of all analyses.Page 11 of 

### 34 Permit No. WA0039624

D. Additional Monitoring by the Permittee

If the Permittee monitors any pollutant more fre quently than required by this permit using test procedures specified by Condition S2 of this permit, then the results of such monitoring shall be included in the calculati on and reporting of the data submitted in the Permittee's DMR.

E. Noncompliance Notification

The Permittee must take the following action upon violation of any permit condition: Immediately take action to stop, contain, and cleanup unauthorized discharges or otherwise stop the noncompliance and correct the problem and, if applicable, immediately repeat sampling and analysis. The results of any repeat sampling must be submitted to Ecology within 30 days of sampling.

1. Immediate Noncompliance Notification Any failure of the disinfection system must be reported immediately to the Department of Ecology's Regional Office 24-hour number 360-407-6300.

Any failure of the disinfection system, any collection system overflows which may reach surface waters or any plant b ypass discharging to a shellfish area must be reported immediately to the Department of Ecol ogy and the Department of Health, Shellfish Program.

The Department of Ecology's Southwest Regional Office 24-hour number is 360- 407-6300. The Department of Health's Shellfish number is 360-236-3330 (business hours) or 360-786-4183 (24 hours).

2. Twenty four hour Noncompliance Notification

The Permittee must report the follow ing occurrences of noncompliance by telephone, to Ecology at 360-407-6300, within 24 hours from the time the Permittee becomes aware of any of the following circumstances:

a. Any noncompliance that may enda nger 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; or

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.Page 12 of 

### 34 Permit No. WA0039624

3. 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 wr itten submission must contain: 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; and

e. If the non compliance involves an ove rflow prior to the treatment works, an estimate of the quantity (in gallons) of untreated overflow.

4. Waiver of Written Reports

Ecology may waive the written report required in subpart 3 above on a case-bycase basis upon request if a timely oral report has been received.

5. Report Submittal

Reports must be submitted to the address in S3 (“REPORTING AND RECORDKEEPING REQUIREMENTS”).

F. Other Noncompliance Reporting

The Permittee must report all instances of noncompliance, not required to be reported immediately or within 24 hours, at the time that monitoring reports for S3.A ("Reporting") are submitted. 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 co mpliance with the terms and conditions of this permit or the resulting lia bility for failure to comply.

The spill of oil or hazardous materials must be reported in accordance with the instructions obtained at the following website: http://www.ecy.wa.gov/programs/spills/other/reportaspill.htm

. G. Maintaining a Copy of This Permit

The Permittee must keep a copy of this permit at the facility and make it available upon request to Department of Ecology inspectors.Page 13 of 

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S4. FACILITY LOADING

A. Design Criteria

Flows or waste loadings of the following design criteria for the permitted treatment facility shall not be exceeded:

Average flow for the maximum month: 28.7 MGD

BOD 5 loading for maximum month: 57,925 lbs/day

TSS loading for maximum month: 72,525 lbs/day

B. Plans for Maintaining Adequate Capacity

When the actual flow or waste load reaches 85 percent of any one of the design criteria in S4.A for three consecutive months, or when the projected increases would reach design capacity within five years, whichever occurs first, the Permittee shall submit to Ecology, a plan and a schedule for continuing to maintain capacity at the facility sufficient to achieve the effluent limitations and other c onditions of this permit. This plan shall address any of the following actions or any others necessary to meet this objective.

1. Analysis of the present design including the introduction of any process modifications that would establish the ability of the existing facility to achieve the effluent limits and other requirement s of this permit at specific levels in excess of the existing design criteria specified in paragraph A above.

2. Reduction or elimination of excessive infiltration and inflow of uncontaminated ground and surface water into the sewer system.

3. Limitation on future sewer extensions or connections or additional waste loads.

4. Modification or expansion of facilities necessary to accommodate increased flow or waste load.

5. Reduction of industrial or commercial flows or waste loads to allow for increasing sanitary flow or waste load.

Engineering documents associated with the plan must meet the requirements of WAC 173-240-060, "Engineering Report," and be approved by Ecology prior to any construction. The plan shall specify any contracts, ordinances, methods for financing, or other arrangements necessary to achieve this objective.

C. Duty to Mitigate

The Permittee is required to take all reas onable 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 environmentPage 14 of 

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D. Notification of New or Altered Sources

The Permittee shall submit written notice to Ecology whenever any new discharge or a substantial change in volume or character of an existing discharge into the publicly owned treatment works (POTW) is proposed which: (1) would interfere with the operation of, or exceed the design capacity of, an y portion of the POTW; (2) is not part of an approved general sewer plan or ap proved plans and specifications; or (3 ) would be subject to pretreatment standards under 40 CFR Part 403 and Section 307(b) of the Clean Water Act. This notice shall include an ev aluation of the POTW's ability to adequately transport and treat the added flow and/or wast e load, the quality and volume of effluent to be discharged to the POTW, and the anticipat ed impact on the Permittee’s effluent [40 CFR 122.42(b)].

E. Infiltration and Inflow Evaluation

1. The Permittee shall conduct an infiltrati on and inflow evaluation. Refer to the U.S. EPA publication, I/I Analysis and Project Certification , available as Publication No. 97-03 at: Publications O ffice, Department of Ecology, P.O. Box 47600, Olympia, Washington 98504-7600. Plant monitoring records may be used to assess measurable infiltration and inflow.

2. A report shall be prepared which summarizes any measurable infiltration and inflow. If infiltration and inflow have increased by more than 15 percent from that found in the first report based on equi valent rainfall, the report shall contain a plan and a schedule for: (1) locating the sources of infiltration and inflow; and (2) correcting the problem.

3. The report shall be submitted by March 15, 2009 , and annually thereafter.

F. Waste load Assessment

The Permittee shall conduct an annual assessme nt of their flow and waste load and submit a report to Ecology by March 15, 2009 , and annually thereafter. The report shall contain the following: an indication of compliance or noncompliance with the permit effluent limitations; a comparison between the existing and design; maximum month and peak hour flows, BOD, and total suspended solids loadings; and (except for the first report) the percentage increase in these parameters since the last annual report. The report shall also state the present and d esign population or population equivalent, projected population growth rate, and the estimated date upon which the design capacity is projected to be reached, according to the mo st restrictive of the parameters above. The interval for review and reporting may be modified if Ecology determines that a different frequency is sufficient.

S5. OPERATION AND MAINTENANCE

The Permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed to achieve compliance with the terms and conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropr iate quality assurance procedures. This provision requires thePage 15 of 

### 34 Permit No. WA0039624

operation of back-up or auxiliary facilities or sim ilar systems, which are installed by a Permittee only when the operation is necessary to achieve co mpliance with the conditions of this permit.

A. Certified Operator

An operator certified for at least a Class IV plant by the state of Washington shall be in responsible charge of the day-to-day operati on of the wastewater treatment plant. An operator certified for at least a Class III plan t shall be in charge during all regularly scheduled shifts.

B. O & M Program

The Permittee shall institute an adequate operation and maintenance program for their entire sewage system. Maintenance records sh all be maintained on all major electrical and mechanical components of the treatmentplant, as well as the sewage system and pumping stations. Such records shall clearly specify the frequency and type of maintenance recommended by the manufacturer and shall show the fre quency and type of maintenance performed. These maintenance reco rds shall be available for inspection at all times.

C. Short-term Reduction

If a Permittee contemplates a reduction in the level of treatment that would cause a violation of permit discharge limitations on a short-term basis for any reason, and such reduction cannot be avoided, the Permittee sha ll give written notification to Ecology, if possible, 30 days prior to such activities, detailing the reasons for, length of time of, and the potential effects of the reduced level of treatment. This notification does not relieve the Permittee of their obligations under this permit.

D. Electrical Power Failure

The Permittee is responsible for maintaining adequate safeguards to prevent the discharge of untreated wastes or wastes not treated in accordance with the requirements of this permit during electrical power failure at the treatment plant and/or sewage lift stations either by means of alternate power sour ces, standby generator, or retention of inadequately treated wastes. The Permittee shall maintain Reliability Class II (EPA 430- 99-74-001) at the wastewater treatment plant, which requires primary sedimentation and disinfection.

E. Prevent Connection of Inflow

The Permittee shall strictly enforce their sew er ordinances and not allow the connection of inflow (roof drains, foundation drains, etc.) to the sanitary sewer system.

F. Bypass Procedures

Bypass, which is the intentional diversion of waste streams from any portion of a treatment facility, is prohibited, and Ecol ogy may take enforcement action against a Permittee for bypass unless one of the following circumstances (1, 2, or 3) is applicable.Page 16 of 

### 34 Permit No. WA0039624

1. Bypass for essential maintenance without the potential to cause violation of permit limits or conditions.

Bypass is authorized if it is for essen tial maintenance and does not have the potential to cause violations of limitations or other conditions of this permit, or adversely impact public health as determ ined by Ecology prior to the bypass. The Permittee shall submit prior notice, if possibl e 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:

a. Bypass is unavoidable to prevent loss of life, personal injury, or severe property damage. “Severe property da mage” means substantial physical damage to property, damage to th e 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.

b. 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 equipmen t should have been installed in the exercise of reasonable engineering j udgment to prevent a bypass which occurred during normal periods of equipment downtime or preventative maintenance), or transport of untreated wastes to another treatment facility.

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

3. Bypass which is anticipated and has the potential to result in noncompliance of this permit

The Permittee shall notify Ecology 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 alterna tives which would eliminate, reduce, or mitigate the need for bypassing; (3) a co st-effectiveness analysis of alternatives including comparative resource dama ge 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 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 standa rd is anticipated; and (9) steps taken or planned to reduce, eliminate, a nd 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 bePage 17 of 

### 34 Permit No. WA0039624

considered during preparation of the engineering report or facilities plan and plans and specifications and shall be incl uded to the extent practical. In cases where the probable need to bypass is dete rmined early, continued analysis is necessary up to and including the construction period in an effort to minimize or eliminate the bypass.

Ecology 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, Ecology will approve or deny the request. The public shall be notified and given an op portunity 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 Ecology under Revised Code of Washington (RCW) 90.48.120.

G. Operations and Maintenance Manual

The approved Operations and Maintenance Ma nual shall be kept available at the treatment plant and all operators shall follow the instructions and procedures of this manual. The O&M Manual shall be reviewed by the Permittee at least annually and substantial changes or updates shall be submitted to Ecology whenever they are incorporated into the manual.

S6. PRETREATMENT

A. General Requirements

1. The Permittee shall implement the Indust rial Pretreatment Program in accordance with the legal authorities, policies, procedures, and financial provisions described in the Permittee's approved pretreatme nt program submittal entitled "Industrial Pretreatment Program" and dated 3/11/98; any approved revisions thereto; and the General Pretreatment Regulations (40 CFR Part 403). At a minimum, the following pretreatment implementation activities shall be undertaken by the Permittee:

a. Enforce categorical pretreatment standards promulgated pursuant to Section 307(b) and (c) of the Federa l Clean Water Act (hereinafter, thePage 18 of 

### 34 Permit No. WA0039624

Act), prohibited discharge standards as set forth in 40 CFR 403.5, local limitations specified in Ordinance 99-26 and Section 13.06.080 of Chapter 13.06 of Pierce County Code, or state standards, which ever are most stringent or apply at the time of issuance or modification of a local industrial waste discharge permit. Lo cally derived limitations shall be defined as pretreatment standards unde r Section 307(d) of the Act and shall not be limited to categorical industrial facilities.

b. Issue industrial waste discharge perm its to all significant industrial users [SIUs, as defined in 40 CFR 403.3(t)(i)(ii)] contributing to the treatment system, including those from other jurisdictions. Industrial waste discharge permits shall contain as a minimum, all the requirements of 40 CFR 403.8 (f)(l)(iii). The Permittee shall coordinate the permitting process with Ecology regarding any industrial facility, which may possess a state waste discharge permit i ssued by Ecology. Once issued,an industrial waste discharge permit will take precedence over a stateissued waste discharge permit.

c. Maintain and update, as necessar y, records identifying the nature, character, and volume of pollutants contributed by industrial users to the POTW. Records shall be maintained for at least a three-year period.

d. Perform inspections, surveillance, and monitoring activities on industrial users to determine and/or confirm compliance with applicable pretreatment standards and requirement s. A thorough inspection of SIUs shall be conducted annually . Frequency of regular local monitoring of SIU wastewaters shall normally be commensurate with the character and volume of the wastewater but shall not be less than once per year. Sample collection and analysis shall be performed in accordance with 40 CFR Part 403.12(b)(5)(ii)-(v) and 40 CFR Part 136.

e. Enforce and obtain remedies for noncompliance by any industrial users with applicable pretreatment standards and requirements. Once violations have been identified, the Permittee shall take timely and appropriate enforcement action to address the noncompliance. The Permittee's action shall follow its enforcement response procedures and any amendments, thereof.

f. Publish, at least annually in the largest daily newspaper in the Permittee's service area, a list of all nondomestic users which, at any time in the previous 12 months, were in significant noncompliance as defined in 40 CFR 403.8(f)(2)(vii).

g. If the Permittee elects to conduct sampl ing of a SIU's discharge in lieu of the user self-monitoring, it shall sample and analyze for all regulated pollutants in accordance with 40 CF R Part 403.12(b)(5)(ii)-(v), 40 CFR 403.12(g), and 40 CFR Part 136. The character and volume of the samples shall be representative of the discharge and shall provide adequate data to determine complia nce, but in no case should sampling occur less than two times per year.Page 19 of 

### 34 Permit No. WA0039624

h. Develop and maintain a data mana gement system designed to track the status of the Permittee's industrial user inventory, industrial user discharge characteristics, and compliance status.

i. Maintain adequate staff, funds , and equipment to implement its pretreatment program.

j. Establish, where necessary, contr acts or legally binding agreements with contributing jurisdictions to ensu re compliance with applicable pretreatment requirements by commercia l or industrial users within these jurisdictions. These contracts or ag reements shall identify the agency responsible for the various implementation and enforcement activities to be performed in the contributing jurisdiction. In addition, the Permittee shall be required to develop a Memorandum of Understanding (or Interlocal Agreement) that outlines the specific roles, responsibilities, and pretreatment activities of each jurisdiction.

2. The Permittee shall implement the Accidental Spill Prevention Program described in the approved Industrial Pret reatment Program dated March 11, 1998.

3. The Permittee shall evaluate, at least once every two years, whether each Significant Industrial User needs a plan to control slug discharges. For purposes of this subsection, a slug discharge is any discharge of a nonroutine, episodic nature, including but not limited to an accidental spill or noncustomary batch discharge. The results of such activiti es shall be available to Ecology upon request. If the Permittee decides that a sl ug control plan is needed, the plan shall contain, at a minimum, the following elements:

a. Description of discharge practices, including nonroutine batch discharges.

b. Description of stored chemicals.

c. Procedures for immediately notifying the Permittee of slug discharges, including any discharge that would violate a prohibition under 40 CFR 403.5(b), with procedures for follow-up written notification within five days.

d. If necessary, procedures to prevent adverse impact from accidental spills, including inspection and maintenan ce of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site run-off, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants (including solvents), and/or measures and equipment necessary for emergency
response.Page 20 of 

### 34 Permit No. WA0039624

4. Whenever it has been determined, on th e basis of information provided to or obtained by Ecology, that any waste source contributes pollutants to the Permittee's treatment works in violation of Subsection (b), (c), or (d) of Section 307 of the Act, and the Permittee has not taken adequate corrective action, Ecology shall notify the Permittee of this determination. Failure by the Permittee to commence an appropriate enforcemen t action within 30 days of this notification may result in appropriate en forcement action by Ecology against the source and/or the Permittee.

5. Pretreatment Report

The Permittee shall provide to Ecology an annual report that briefly describes its program activities during the previous calendar year. This report shall be submitted no later than February 15 th , of each year to: Washington Department of Ecology, Southwest Regional Office, P.O. Box 47775, Olympia, Washington 98504-7775.

The report shall include the following information:

a. An updated nondomestic inventory.

b. Results of wastewater sampling at the treatment plant as specified in Section S2. The Permittee shall calculate removal rates for each pollutant and evaluate the adequacy of the existing local limitations in Section 13.06.080 of Chapter 13.06 of Pierce County Code in prevention of treatment plant interference, pass through of pollutants that could affect receiving water quality, and sludge contamination.

c. Status of program implementation, including:

1) Any substantial modifications to the pretreatment program as originally approved by Ecology, including staffing and funding levels.

2) Any interference, upset, or permit violations experienced at the POTW that are directly attributable to wastes from industrial

users.

3) Listing of industrial users inspected and/or monitored, and a summary of the results.

4) Listing of industrial users scheduled for inspection and/or monitoring for the next year, and expected frequencies.

5) Listing of industrial users notifie d of promulgated pretreatment standards and/or local standards as required in 40 CFR 403.8(f)(2)(iii). Indicate which industrial users are on compliance schedules and the final date of compliance for each.

6) Listing of industrial users issued industrial waste discharge permits.Page 21 of 

### 34 Permit No. WA0039624

7) Planned changes in the pretreatment program implementation plan. (See subsection A.6. below.)

d. Status of compliance activities, including:

1) Listing of industrial users that failed to submit baseline monitoring reports or any other reports required under 40 CFR 403.12 and in Section 4 of the Pe rmittee's pretreatment program, dated March 11, 1998.

2) Listing of industrial users that were at any time during the reporting period not complying with federal, state, or local pretreatment standards or with applicable compliance schedules for achieving those standards, and the duration of such noncompliance.

3) Summary of enforcement activities and other corrective actions taken or planned against noncomplying industrial users. The Permittee shall supply to Ecology a copy of the public notice of facilities that were in significant noncompliance.

6. The Permittee shall request and obtain approval from Ecology prior to implementing any significant changes to the local pretreatment program as approved. The procedure of 40 CFR 403.18 (b) & (c) shall be followed.

B. Monitoring Requirements

The Permittee shall monitor its influent, effl uent, and sludge for the priority pollutants identified in Tables II and III of Appendix D of 40 CFR Part 122 as amended and any other pollutants expected from nondomestic sources using U.S. EPA-approved procedures for collection, preservation, storage, and analysis. Influent, effluent, and sludge samples shall be tested for the priori ty pollutant metals (Table III, 40 CFR 122, Appendix D) on a semi-annual basis throughout the term of this permit. Influent, effluent, and sludge samples shall be tested fo r the organic priority pollutants (Table II, 40 CFR 122, Appendix D) on an annual basis.

1. The POTW influent and effluent shall be sampled on a day when industrial discharges are occurring at normal to maximum levels. Samples for the analysis of acid and base/neutral extractable co mpounds and metals shall be 24-hour composites. Samples for the analysis of volatile organic compounds shall be collected using grab sampling techniques at equal intervals for the total of four grab samples per day.

A single analysis for volatile pollutants (Method 624) may be run for each monitoring day by compositing equal volumes of each grab sample directly in the GC purge and trap apparatus in the labor atory, with no less than 1 ml of each grab included in the composite.Page 22 of 

### 34 Permit No. WA0039624

Unless otherwise indicated, all reported test data for metals shall represent the total amount of the constituent present in all phases, whether solid, suspended, or dissolved, elemental or combined including all oxidation states.

Wastewater samples must be handled, prepared, and analyzed by GC/MS in accordance with the U.S. EPA Methods 624 and 625 (October 26, 1984).

2. A sludge sample shall be collected conc urrent with a wastewater sample and may be taken as a single grab of residual sludge. Sampling and analysis shall conform to U.S. EPA Methods 624 and 625 unless the Permittee requests an alternate method and it has been approved by Ecology.

3. Cyanide, phenols, and oils shall be take n as grab samples. Oils shall be hexane soluble or equivalent, and should be measu red in the influent and effluent only.

C. Reporting of Monitoring Results

The Permittee shall include a summary of monitoring results in the Annual Pretreatment Report.

D. Local Limit Development

As sufficient data becomes available, the Pe rmittee shall, in consu ltation with Ecology, reevaluate their local limits in order to prevent pass through or interference. Upon determination by Ecology that any pollutant present causes pass through or interference, or exceeds established sludge standards, the Permittee shall establish new local limits or revise existing local limits as required by 40 CFR 403.5. In addition, Ecology may require revision or establishment of local limits for any pollutant discharged from the POTW that has a reasonable potential to exceed the Water Quality Standards, Sediment Standards, or established effluent limits, or causes whole effluent toxicity. The determination by Ecology shall be in the form of an Administrative Order.

Ecology may modify this permit to incorpor ate additional requirements relating to the establishment and enforcement of local limits for pollutants of concern. Any permit modification is subject to formal due process procedures pursuant to state and federal law and regulation.

S7. RESIDUAL SOLIDS

Residual solids include screenings, grit, scum, primary sludge, waste activated sludge, and other solid waste. The Permittee shall store and handle all residual solids in such a manner so as to prevent their entry into state ground or surface wa ters. The Permittee shall not discharge leachate from residual solids to state surface or ground waters.

S8. 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).Page 23 of 

### 34 Permit No. WA0039624

The ACEC means the maximum concentration of effluent during critical conditions at the boundary of the zone of acute criteria ex ceedance assigned pursuant to WAC 173-201A100. The zone of acute criteria exceedance is au thorized in Section S1.B of this permit. The ACEC equals 5.5 percent effluent.

In the event of failure to p ass the test described in subsection B. of this section for compliance with the effluent limit for acute toxi city, the Permittee is considered to be in compliance with all permit requirements for acu te whole effluent toxicity as long as the requirements in Subsection C are being met to the satisfaction of Ecology.

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

The Permittee shall conduct monitoring to dete rmine compliance with the effluent limit for acute toxicity. The acute toxicity test s shall be performed using at a minimum 100 percent effluent, the ACEC, and a control. Ac ute toxicity testing shall follow protocols, monitoring requirements, and quality assuran ce/quality control procedures specified in this Section. Testing shall begin in March 15, 2009 . A written report shall be submitted to Ecology 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 using the species and protocols listed below:

1) 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 cont rol 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 respon se between the ACEC and the control, the Permittee shall begin additional compliance m onitoring within one week from the time of receiving the test results. This additional m onitoring shall be conducted weekly for four consecutive weeks using the same test and species as the failed compliance test. Testing shall be conducted using a series of at least fi ve effluent concentra tions 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 indi cating noncompliance w ill be identified by Ecology as an anomalous test result, th e Permittee may notify Ecology that thePage 24 of 

### 34 Permit No. WA0039624

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 Ecology before completing the additional monitoring required in this subsection. The notification to Ecology shall accompany the report of the co mpliance 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 Ecology 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 co mplete all of the additional monitoring required in this subsection. The one add itional test result shall replace the compliance test result upon determination by Ecology that the compliance test result was anomalous.

If all of the additional compliance mon itoring conducted in accordance with this subsection complies with the permit limit, the Permittee shall search all pertinent and recent facility records (operating records, m onitoring results, inspection records, spill reports, weather records, production record s, raw material purchases, pretreatment records, etc.) and submit a report to Ecolog y 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 T oxicity Identification/Reduction Evaluation (TI/RE) plan to Ecology 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 recen t version of Depart ment 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 Ecology’s database, then the Permittee shall send the disk to Ec ology along with the test report, bench sheets, and reference toxicant results.

2. Testing shall be conducted on 24-hour co mposite effluent samples. Samples taken for toxicity testing shall be co oled to 4 degrees Celsius while being collected and shall be sent to the lab imme diately 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 t oxicity testing shall have water quality measurements as specified in Department of Ecology Publication # WQ-R-95-80, Laboratory Guidance and Whole Effluen t Toxicity Test Review Criteria or most recent version thereof.Page 25 of 

### 34 Permit No. WA0039624

4. All toxicity tests shall meet quality assu rance criteria and test conditions in the most recent versions of the EPA manual listed in Subsection A. and Ecology 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 Ecology, testing shall be re peated with freshly collected effluent.

5. Control water and dilution water sh all 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 concen trations 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 define d in WAC 173-205-020 must be repeated on a fresh sample with an increased numbe r of replicates to increase the power.

S9. CHRONIC TOXICITY

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

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.

The Permittee must:

• Conduct chronic toxicity testing on final e ffluent once in the winter of 2011-2012 and once in the summer of 2012.

• 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). The AC EC equals 5.6 percent effluent.

• 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.

• Perform chronic toxicity tests with all of the following species and the most recent version of the following protocols:

Saltwater Chronic Tes t Species Method Topsmelt survival and growth Atherinops affinis EPA/600/R-95/136 Mysid shrimp survival and M ysidopsis bahia/ EPA-821-R-02-014Page 26 of 

### 34 Permit No. WA0039624

growth Americamysis bahia

B. Sampling and Reporting Requirements

1. The Permittee must submit all reports fo r toxicity testing in accordance with the most recent version of Department of Ecology Publi cation #WQ-R-95-80, Laboratory Guidance and Whole Effluen t Toxicity Test Review Criteria . Reports must contain bench sheets and reference t oxicant results for test methods. If the lab provides the toxicity test data in el ectronic 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 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 quali ty measurements on all samples and test solutions for toxicity testing, as speci fied 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 liste d 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 concentra tions and a control. The series of concentrations must include the CCEC and the ACEC. The CCEC and the ACEC may either substitute for the efflue nt concentrations that are closest to them in the dilution series or be extra ef fluent concentrations. The CCEC equals 0.9 percent effluent. The ACEC equals 5.6 percent effluent.

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 increas ed number of replicates to increase the
power.Page 27 of 

### 34 Permit No. WA0039624

9. Reports of individual characterizati on or compliance test results must be submitted to Ecology by April 1, 2012 (for winter test) and November 1, 2012 (or summer test).

S10. OUTFALL EVALUATION

The Permittee shall make a visual observation of the discharge location once per month. On an annual basis, the Permittee shall conduct such i ndirect observations as feasible to verify the integrity and continued function of the outfall line and diffuser section. The Permittee shall inspect the submerged portion of the outfall line a nd diffuser one year before the expiration date of the permit and submit the report along w ith the application for permit renewal by December 1, 2012 . If conditions allow for a photographic verification, it shall be included in the report.

S11. INFLUENT FLOW MONITORING

The Permittee shall submit a plan to ensure proper influent flow monitoring by December 1, 2008 . The plan shall elaborate how the Permittee will measure influent flow that does not include any return streams. The Permittee shall construct the necessary infrastructures by September 1, 2010

.

Modification Date: June 25, 2010Page 28 of 

### 34 Permit No. WA0039624

GENERAL CONDITIONS

G1. SIGNATORY REQUIREMENTS

All applications, reports, or information subm itted to Ecology shall be signed and certified.

A. All permit applications shall be signed by ei ther a principal executive officer or a ranking elected official.

B. All reports required by this permit and othe r information requested by Ecology shall be signed by a person described above or by a duly authorized representative of that person. A person is a duly authoriz ed representative only if:

1. The authorization is made in writing by a person describe d 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 operation of the facility, a new authorization satisfying the requirements of paragraph B.2 above must be submitted to Ecol ogy prior to or together with any reports, information, or applications to be signed by an authorized representative.

D. Certification. Any person signing a documen t 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 desi gned 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 repres entative of Ecology, upon the presentation of credentials and such other documen ts 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 c onditions of this permit.Page 29 of 

### 34 Permit No. WA0039624

B. To have access to and copy - at reasonable times and at reasonable cost - any records required to be kept under the term s 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.

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

4. A determination that the permitted activ ity endangers human health or the environment, or contributes to water qua lity standards violations and can only be regulated to acceptable levels by perm it modification or termination [40 CFR part 122.64(3)].

5. A change in any condition that requir es 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.Page 30 of 

### 34 Permit No. WA0039624

4. Promulgation of new or ame nded 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 modifica tion 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.

G4. REPORTING A CAUSE FOR MODIFICATION

The Permittee shall submit a new application, or a supplement to the previous application, along with required engineering plans and reports whenever a material change to the facility or in the quantity or type of discharge is anticipated which is not specifically authorized by this permit. This application shall be submitted at least 60 days prior to any proposed changes. The filing of a request by the Permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not relieve the Permittee of the duty to comply with the existing permit until it is modified or reissued.

G5. PLAN REVIEW REQUIRED

Prior to constructing or modifying any wastewat er control facilities, an engineering report and detailed plans and specifications shall be submitted to Ecology 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 constructi on unless a shorter time is approved by Ecology. Facilities shall be constructed and operate d in accordance with the approved plans.

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 1, 2012

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### 34 Permit No. WA0039624

G8. TRANSFER OF THIS PERMIT

In the event of any change in control or ow nership 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 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 in corporate 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 Permittees containing a specific date transfer of pe rmit responsibility, cove rage, and liability between them.

3. Ecology does not notify the existing Permittee and the proposed new Permittee of its intent to modify or revoke and reissu e this permit. A modification under this 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.

G10. REMOVED SUBSTANCES

Collected screenings, grit, solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters sha ll 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 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 de termine compliance with this permit. The Permittee shall alsoPage 32 of 

### 34 Permit No. WA0039624

submit to Ecology upon request, copies of records required to be kept by this permit [40 CFR 122.41(h)].

G12. OTHER REQUIREMENTS OF 40 CFR

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

G13. ADDITIONAL MONITORING

Ecology 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 associat ed with this permit as assessed by Ecology.

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 imprisonmen t 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 vi olation 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 designe d treatment facilities, inadequate treatment facilities, lack of preventive maintena nce, 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.

A Permittee who wishes to establish the affirmativ e 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 cau se(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 co mplied with any remedial measures required under S5 of this permit.

In any enforcement proceeding the Permittee seeki ng to establish the occurrence of an upset has the burden of proof.Page 33 of 

### 34 Permit No. WA0039624

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 modifica tion; or denial of a permit renewal application.

G19. TOXIC POLLUTANTS

The Permittee shall comply with effluent st andards or prohibitions established under Section 307(a) of the Clean Water Act for toxic pollutants w ithin 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 require d 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 viola tion, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under th is 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 PLANNED CHANGES

The Permittee shall, as soon as possible, give notice to Ecology of planned ph ysical alterations or additions to the permitted facility, production increases, or process modification which will result in: 1) the permitted facility bein g determined to be a new source pursuant to 40 CFR 122.29(b); 2) a significant change in the nature or an incr ease in quantity of pollutant s discharged; or 3) a significant change in the Permittee’s sludge use or di sposal practices. Following such notice, 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 of the terms and conditions of this permit.

G22. REPORTING ANTICIPATED NON-COMPLIANCE

The Permittee shall give advance notice to Ecol ogy by submission of a new application or supplement thereto at least 180 days prior to co mmencement 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 n ecessitate unavoidable interr uption of operation and degradation of effluent quality, shall be sche duled during noncritical water quality periods and carried out in a manner approved by Ecology.Page 34 of 

### 34 Permit No. WA0039624

G23. 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 Ecology, it shall promptly submit such facts or information.

G24. REPORTING REQUIREMENTS APPLIC ABLE TO EXISTING MANUFACTURING, COMMERCIAL, MINING, AND SILVICULTURAL DISCHARGERS

The Permittee belonging to the categories of ex isting 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 occu r 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 μ g/l).

2. Two hundred micrograms per liter (200 μ g/l) for acrolein and acrylonitrile; five hundred micrograms per liter (500 μ 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 occu r which would result in any discharge, on a non-routine or infrequent basis, of a toxic polluta nt 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 μ g/L).

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

3. Ten times the maximum concentration valu e 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).

G25. 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.