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 DISCHARGE ELIMINATION SYSTEM 

WASTE DISCHARGE PERMIT 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 County

Public Works and Utilities 

9850 Chambers Creek Road

University 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 Ecology 
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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 RECORDKEEPING 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 MAINTENANCE ......................................................................................... 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 ..................................................................................................................... 22 
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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 VIOLATING PERMIT CONDITIONS.......................................................... 32 

G16. UPSET ........................................................................................................................................... 32 

G17. PROPERTY RIGHTS .................................................................................................................... 33 

G18. DUTY TO COMPLY .................................................................................................................... 33 

G19. TOXIC POLLUTANTS ................................................................................................................. 33 

G20. PENALTIES FOR TAMPERING ................................................................................................. 33 

G21. REPORTING PLANNED 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 ..................................................................................................... 34 
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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 Evaluation 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 Construction 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, 2010 
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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 necessary 
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Permit No. WA0039624 

SPECIAL CONDITIONS 

S1. DISCHARGE LIMITATIONS 

A. Effluent Limitations

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

and conditions of this permit. The discharge of any of the following pollutants more 

frequently than, or at a level in excess of, that identified and authorized by this permit 

shall constitute a violation of the terms and conditions of this permit. 

Beginning on the effective date of this permit and lasting through the expiration date the 

Permittee is authorized to discharge municipal wastewater at the permitted location subject 

to complying with the following limitations: 

EFFLUENT LIMITATIONSa: OUTFALL # 001

Parameter Average Monthly Average Weekly

Carbonaceous Biochemical 

Oxygen Demandb

 (5 day) 

25 mg/L 5,984 lbs/day 

85% Removal 40 mg/L 9,574 lbs/day 

Total Suspended Solidsc 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 

pHd 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 CBOD5 shall not exceed 25 mg/L or 15 percent of the 

respective monthly average influent concentrations, whichever is more stringent.

c

The average monthly effluent concentration for Total 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 than 200 feet plus the depth of water over the 

discharge port(s) as measured during mean lower low water (110 feet); and not occupy 
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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 CBOD5

mg/L 

lbs/day 2/week 24-hour composite 

Wastewater 

Influent BOD5

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 (PO4) 

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, 2009 
 Page 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 CBOD5

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 NH3-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 (PO4) 

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, 2009 
 Page 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 averaging 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 lengths 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, June, 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 discharge or discharge condition, including 

bypasses, upsets and maintenance-related conditions affecting effluent quality. 

Sampling and analytical methods used to meet the monitoring requirements specified in 

this permit shall conform to the latest revision of the Guidelines Establishing Test 

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 measurement devices and methods consistent with accepted scientific 

practices shall be selected and used to ensure the accuracy and reliability of 

measurements of the quantity of monitored flows. The devices shall be installed, 

calibrated, and maintained to ensure that the accuracy of the measurements are consistent 

with the accepted industry standard for that type of device. Frequency of calibration shall 

be in conformance with manufacturer's recommendations and at a minimum frequency of 

at least one calibration per year. Calibration records shall be maintained for at least three 

years. 

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 control parameters are exempt from this 

requirement. Conductivity and pH shall be accredited if the laboratory must otherwise be 
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Permit No. WA0039624 

registered or accredited. Ecology exempts 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 violation of the terms and conditions of this permit. 

A. Reporting

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

shall be submitted monthly. Monitoring data obtained during each monitoring period 

shall be summarized, reported, and submitted on a Discharge Monitoring Report (DMR) 

form provided, or otherwise approved, by 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 the monitoring period. Unless otherwise 

specified, all toxicity test data shall be submitted 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 analysis, parameter name, 

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

practical quantitation limit (PQL), reporting units, and concentration detected. 

Discharge Monitoring Report forms must be submitted monthly whether or not the 

facility was discharging. If there was no discharge during a given monitoring period, 

submit the form as required with the words "no discharge" entered in place of the 

monitoring results. 

B. Records Retention

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

years. Such information shall include all calibration and maintenance records and all 

original recordings for continuous monitoring instrumentation, copies of all reports 

required by this permit, and records of all data used to complete the application for this 

permit. This period of retention shall be extended during the course of any unresolved 

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

Ecology. 

C. Recording of Results

For each measurement or sample taken, the Permittee shall record the following 

information: (1) the date, exact place, method, and time of sampling or measurement; (2) 

the individual who performed the sampling or measurement; (3) the dates the analyses 

were performed; (4) the individual who performed the analyses; (5) the analytical 

techniques or methods used; and (6) the results of all analyses. 
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Permit No. WA0039624 

D. Additional Monitoring by the Permittee

If the Permittee monitors any pollutant more frequently than required by this permit using 

test procedures specified by Condition S2 of this permit, then the results of such 

monitoring shall be included in the calculation 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 bypass discharging to a shellfish area must 

be reported immediately to the Department of Ecology 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 following 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 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; 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. 
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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 written 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 overflow 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 compliance with the terms and conditions of 

this permit or the resulting liability 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. 
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Permit No. WA0039624 

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 

BOD5 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 conditions 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 requirements 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 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 
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Permit No. WA0039624 

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, any portion of the POTW; (2) is not part of 

an approved general sewer plan or approved 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 evaluation of the POTW's ability to adequately 

transport and treat the added flow and/or waste load, the quality and volume of effluent to 

be discharged to the POTW, and the anticipated impact on the Permittee’s effluent [40 

CFR 122.42(b)]. 

E. Infiltration and Inflow Evaluation

1. The Permittee shall conduct an infiltration and inflow evaluation. Refer to the 

U.S. EPA publication, I/I Analysis and Project Certification, available as 

Publication No. 97-03 at: Publications Office, 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 equivalent 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 assessment 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 design 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 most 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 appropriate quality assurance procedures. This provision requires the 
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Permit No. WA0039624 

operation of back-up or auxiliary facilities or similar systems, which are installed by a Permittee 

only when the operation is necessary to achieve compliance with the conditions of this permit. 

A. 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 operation of the wastewater treatment plant. An 

operator certified for at least a Class III plant 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 shall be maintained on all major electrical 

and mechanical components of the treatment plant, 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 frequency and type of 

maintenance performed. These maintenance records 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 shall 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 sources, 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 sewer 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 Ecology 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 essential maintenance and does not have the 

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

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

Permittee shall submit prior notice, if possible at least 10 days before the date of 

the bypass. 

2. Bypass which is unavoidable, unanticipated and results in noncompliance of this 

permit. 

This bypass is permitted only if: 

a. 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. 

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 equipment should have been installed in the 

exercise of reasonable engineering judgment to prevent a bypass which 

occurred during normal periods of equipment downtime or preventative 

maintenance), or transport of untreated wastes to another treatment 

facility. 

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 alternatives which would eliminate, reduce, or 

mitigate the need for bypassing; (3) a cost-effectiveness analysis of alternatives 

including comparative resource damage assessment; (4) the minimum and 

maximum duration of bypass under each alternative; (5) a recommendation as to 

the preferred alternative for conducting the bypass; (6) the projected date of 

bypass initiation; (7) a statement of compliance with SEPA; (8) a request for 

modification of water quality standards as provided for in WAC 173-201A-110, 

if an exceedance of any water quality standard is anticipated; and (9) steps taken 

or planned to reduce, eliminate, and prevent reoccurrence of the bypass. 

For probable construction bypasses, the need to bypass is to be identified as early 

in the planning process as possible. The analysis required above shall be 
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Permit No. WA0039624 

considered during preparation of the engineering report or facilities plan and 

plans and specifications and shall be included to the extent practical. In cases 

where the probable need to bypass is determined early, continued analysis is 

necessary up to and including the construction period in an effort to minimize or 

eliminate the bypass. 

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 opportunity to comment on bypass incidents 

of significant duration, to the extent feasible. Approval of a request to bypass 

will be by administrative order issued by Ecology under Revised Code of 

Washington (RCW) 90.48.120. 

G. Operations and Maintenance Manual

The approved Operations and Maintenance Manual 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 Industrial Pretreatment Program in accordance 

with the legal authorities, policies, procedures, and financial provisions described 

in the Permittee's approved pretreatment 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 Federal Clean Water Act (hereinafter, the 
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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. Locally derived limitations shall be 

defined as pretreatment standards under Section 307(d) of the Act and 

shall not be limited to categorical industrial facilities. 

b. Issue industrial waste discharge permits 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 issued by Ecology. Once issued, 

an industrial waste discharge permit will take precedence over a stateissued waste discharge permit. 

c. Maintain and update, as necessary, 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 requirements. 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 sampling 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 CFR 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 compliance, but in no case should sampling 

occur less than two times per year. 
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Permit No. WA0039624 

h. Develop and maintain a data management 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, contracts or legally binding agreements with 

contributing jurisdictions to ensure compliance with applicable 

pretreatment requirements by commercial or industrial users within these 

jurisdictions. These contracts or agreements 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 Pretreatment 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 activities shall be available to Ecology upon 

request. If the Permittee decides that a slug 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 maintenance 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. 
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Permit No. WA0039624 

4. Whenever it has been determined, on the 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 enforcement action within 30 days of this 

notification may result in appropriate enforcement 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 15th, 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 notified 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. 
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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 Permittee'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, effluent, 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 priority 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 for 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 compounds 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 laboratory, with no less than 1 ml of each 

grab included in the composite. 
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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 concurrent 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 taken as grab samples. Oils shall be hexane 

soluble or equivalent, and should be measured 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 Permittee shall, in consultation 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 incorporate 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 waters. 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). 
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Permit No. WA0039624 

The ACEC means the maximum concentration of effluent during critical conditions at the 

boundary of the zone of acute criteria exceedance assigned pursuant to WAC 173-201A100. The zone of acute criteria exceedance is authorized in Section S1.B of this permit. 

The ACEC equals 5.5 percent effluent. 

In the event of failure to pass the test described in subsection B. of this section for 

compliance with the effluent limit for acute toxicity, the Permittee is considered to be in 

compliance with all permit requirements for acute whole effluent toxicity as long as the 

requirements in Subsection C are being met to the satisfaction of Ecology. 

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

The Permittee shall conduct monitoring to determine compliance with the effluent limit 

for acute toxicity. The acute toxicity tests shall be performed using at a minimum 100 

percent effluent, the ACEC, and a control. Acute toxicity testing shall follow protocols, 

monitoring requirements, and quality assurance/quality control procedures specified in 

this Section. Testing shall begin 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 control and the ACEC using hypothesis testing 

at the 0.05 level of significance (Appendix H, EPA/600/4-89/001). If the 

difference in survival between the control and the ACEC is less than 10 percent, 

the hypothesis test shall be conducted at the 0.01 level of significance. 

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

If a toxicity test conducted for compliance monitoring under subsection B. determines a 

statistically significant difference in response between the ACEC and the control, the 

Permittee shall begin additional compliance monitoring within one week from the time of 

receiving the test results. This additional monitoring shall be conducted weekly for four 

consecutive weeks using the same test and species as the failed compliance test. Testing 

shall be conducted using a series of at least five effluent concentrations and a control in 

order to be able to determine appropriate point estimates. One of these effluent 

concentrations shall equal the ACEC and be compared statistically to the nontoxic control 

in order to determine compliance with the effluent limit for acute toxicity as described in 

Subsection B. The discharger shall return to the original monitoring frequency in 

Subsection B. after completion of the additional compliance monitoring. 

If the Permittee believes that a test indicating noncompliance will be identified by 

Ecology as an anomalous test result, the Permittee may notify Ecology that the 
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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 compliance test result and identify the reason 

for considering the compliance test result to be anomalous. The Permittee shall complete 

all of the additional monitoring required in this subsection as soon as possible after 

notification by 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 complete all of the additional monitoring 

required in this subsection. The one additional 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 monitoring conducted in accordance with this 

subsection complies with the permit limit, the Permittee shall search all pertinent and 

recent facility records (operating records, monitoring results, inspection records, spill 

reports, weather records, production records, raw material purchases, pretreatment 

records, etc.) and submit a report to Ecology on possible causes and preventive measures 

for the transient toxicity event which triggered the additional compliance monitoring. 

If toxicity occurs in violation of the acute toxicity limit during the additional compliance 

monitoring, the Permittee shall submit a Toxicity Identification/Reduction Evaluation 

(TI/RE) plan to 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 recent version of Department of Ecology 

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

Test Review Criteria in regards to format and content. Reports shall contain 

bench sheets and reference toxicant results for test methods. If the lab provides 

the toxicity test data on floppy disk for electronic entry into Ecology’s database, 

then the Permittee shall send the disk to Ecology along with the test report, bench 

sheets, and reference toxicant results. 

2. Testing shall be conducted on 24-hour composite effluent samples. Samples 

taken for toxicity testing shall be cooled to 4 degrees Celsius while being 

collected and shall be sent to the lab immediately upon completion. The lab shall 

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

sampling was ended. 

3. All samples and test solutions for toxicity testing shall have water quality 

measurements as specified in Department of Ecology Publication # WQ-R-95-80, 

Laboratory Guidance and Whole Effluent Toxicity Test Review Criteria or most 

recent version thereof. 
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Permit No. WA0039624 

4. All toxicity tests shall meet quality assurance criteria and test conditions in the 

most recent versions of the EPA manual listed in Subsection A. and 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 repeated with freshly collected effluent. 

5. Control water and dilution water shall be laboratory water meeting the 

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

of sufficient quality for good control performance. 

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

effluent. 

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

monitoring in order to determine dose response. In this case, the series must 

have a minimum of five effluent concentrations and a control. The series of 

concentrations must include the ACEC. 

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

tests that involve hypothesis testing and do not comply with the acute statistical 

power standard of 29 percent as defined in WAC 173-205-020 must be repeated 

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

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 effluent 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 ACEC 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 Test Species Method 

Topsmelt survival and growth Atherinops affinis EPA/600/R-95/136

Mysid shrimp survival and Mysidopsis bahia/ EPA-821-R-02-014
 Page 26 of 34

Permit No. WA0039624 

growth Americamysis bahia

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 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 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. 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 increased number of replicates to increase the 

power. 
 Page 27 of 34

Permit No. WA0039624 

9. Reports of individual characterization 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 indirect 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 and diffuser one year before the expiration date 

of the permit and submit the report along with 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, 2010 
 Page 28 of 34

Permit No. WA0039624 

GENERAL CONDITIONS 

G1. SIGNATORY REQUIREMENTS 

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

A. All permit applications shall be signed by either a principal executive officer or a ranking 

elected official. 

B. All reports required by this permit and other 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 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 

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 shall make the following 

certification: 

I certify under penalty of law, that this document and all 

attachments were prepared under my direction or supervision in 

accordance with a system designed to assure that qualified 

personnel properly gathered and evaluated the information 

submitted. Based on my inquiry of the person or persons who 

manage the system or those persons directly responsible for 

gathering information, the information submitted is, to the best 

of my knowledge and belief, true, accurate, and complete. I am 

aware that there are significant penalties for submitting false 

information, including the possibility of fine and imprisonment 

for knowing violations. 

G2. RIGHT OF INSPECTION AND ENTRY 

The Permittee shall allow an authorized representative of 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. 
 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 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. 

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. 
 Page 30 of 34

Permit No. WA0039624 

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. 

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 wastewater 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 construction unless a shorter time is approved by Ecology. 

Facilities shall be constructed and operated 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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Permit No. WA0039624 

G8. TRANSFER OF THIS PERMIT 

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

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

of this permit by letter, a copy of which shall be forwarded to 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 Permittees 

containing a specific date transfer of permit responsibility, coverage, 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 reissue 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 shall not be resuspended or reintroduced to the final 

effluent stream for discharge to state waters. 

G11. DUTY TO PROVIDE INFORMATION 

The Permittee shall submit to 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 shall also 
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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 are 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 associated 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 imprisonment in the discretion of the court. Each day 

upon which a willful violation occurs may be deemed a separate and additional violation. 

Any person who violates the terms and conditions of a waste discharge permit shall incur, in 

addition to any other penalty as provided by law, a civil penalty in the amount of up to $10,000 

for every such violation. Each and every such violation shall be a separate and distinct offense, 

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

and distinct violation. 

G16. UPSET 

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

noncompliance with technology-based permit effluent limitations because of factors beyond the 

reasonable control of the Permittee. An upset does not include noncompliance to the extent 

caused by operational error, improperly designed treatment facilities, inadequate treatment 

facilities, lack of preventive maintenance, or careless or improper operation. 

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

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

met. 

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

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

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

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

required in Condition S3.E; and 4) the Permittee complied with any remedial measures required 

under S5 of this permit. 

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

the burden of proof. 
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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 modification; or denial of a permit renewal application. 

G19. TOXIC POLLUTANTS 

The Permittee shall comply with effluent standards or prohibitions established under Section 

307(a) of the Clean Water Act for toxic pollutants within the time provided in the regulations that 

establish those standards or prohibitions, even if this permit has not yet been modified to 

incorporate the requirement. 

G20. PENALTIES FOR TAMPERING 

The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders 

inaccurate any monitoring device or method required to be maintained under this permit shall, 

upon conviction, be punished by a fine of not more than $10,000 per violation, or by 

imprisonment for not more than two years per violation, or by both. If a conviction of a person is 

for a violation committed after a first conviction of such person under this Condition, punishment 

shall be a fine of not more than $20,000 per day of violation, or by imprisonment of not more 

than four years, or by both. 

G21. REPORTING PLANNED CHANGES 

The Permittee shall, as soon as possible, 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, 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 Ecology by submission of a new application or 

supplement thereto at least 180 days prior to commencement of such discharges, of any facility 

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

permitted facility or activity which may result in noncompliance with permit limits or conditions. 

Any maintenance of facilities, which might necessitate unavoidable interruption of operation and 

degradation of effluent quality, shall be scheduled during noncritical water quality periods and 

carried out in a manner approved by Ecology. 
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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 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 μg/l). 

2. Two hundred micrograms per liter (200 μg/l) for acrolein and acrylonitrile; five 

hundred micrograms per liter (500 μg/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 (500μg/L). 

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

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). 

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.