IOWA DEPARTMENT OF NATURAL RESOURCES

National Pollutant Discharge Elimination System (NPDES) Permit

600 SOUTH IOWA AVENUE

OTTUMWA, IA 52501 - 0000

Section 31, T 72N, R 13W

WAPELLO County

CARGILL MEAT SOLUTIONS CORPORATION

OWNER NAME & ADDRESS FACILITY NAME AND ADDRESS

151 NORTH MAIN

P.O. BOX 2519

WITCHITA, KS 67201 - 2519

CARGILL MEAT SOLUTIONS CORPORATION

IOWA NPDES PERMIT NUMBER: 9083101

DATE OF ISSUANCE: 5/6/2009

YOU ARE REQUIRED TO FILE FOR

RENEWAL OF THIS PERMIT BY: 11/6/2013

DATE OF EXPIRATION 5/5/2014 EPA NUMBER: IA0060569

This permit is issued pursuant to the authority of section 402(b) of the Clean Water Act (33 U.S.C 1342(b)), Iowa Code

section 455B.174, and rule 567--64.3, Iowa Administrative Code. You are authorized to operate the disposal system and

to discharge the pollutants specified in this permit in accordance with the effluent limitations, monitoring requirements and

other terms set forth in this permit.

You may appeal any condition of this permit by filing a written notice of appeal and request for administrative hearing

with the director of this department within 30 days of your receipt of this permit.

Any existing, unexpired Iowa operation permit or Iowa NPDES permit previously issued by the department for the facility

identified above is revoked by the issuance of this permit. This provision does not apply to any authorization to discharge

under the terms and conditions of a general permit issued by the department or to any permit issued exclusively for the

discharge of stormwater.

FOR THE DEPARTMENT OF NATURAL RESOURCES

By

NPDES Section

ENVIRONMENTAL SERVICES DIVISION

Karen Lodden

Page 1
Facility Name:

Permit Number:

CARGILL MEAT SOLUTIONS CORPORATION

9083101

Outfall Description

001 TREATED WASTEWATER FROM HOG SLAUGHTERING, RENDERING, CURING, AND SMOKING PROCESSES. TH

TREATMENT SYSTEM CONSISTS OF GRIT REMOVAL, SETTLING, CHLORINATION, AND AN OXIDATION DITCH

Receiving Stream: DES MOINES RIVERRoute of Flow:

Class A1 waters are primary contact recreational use waters in which recreational or other uses may result in prolonged and direct contact 

considerable risks of ingesting water in quantities sufficient to pose a health hazard. Such activities would include, but not be limited to, s

skiing, and water contact recreational canoeing.

Waters designated Class B(WW1) are those in which temperature, flow and other habitat characteristics are suitable to maintain warm wa

along with a resident aquatic community that includes a variety of native nongame fish and invertebrates species. These waters generally iinterior rivers, and the lower segments of medium-size tributary streams.

Waters designated Class HH are those in which fish are routinely harvested for human consumption or waters both designated as a drinkin

which fish are routinely harvested for human consumption.

002 NON-CONTACT COOLING WATER FROM REFRIGERATION AND PROCESSING EQUIPMENT.

Receiving Stream: DES MOINES RIVER

Route of Flow:

Class A1 waters are primary contact recreational use waters in which recreational or other uses may result in prolonged and direct contact 

considerable risks of ingesting water in quantities sufficient to pose a health hazard. Such activities would include, but not be limited to, s

skiing, and water contact recreational canoeing.

Waters designated Class B(WW1) are those in which temperature, flow and other habitat characteristics are suitable to maintain warm wa

along with a resident aquatic community that includes a variety of native nongame fish and invertebrates species. These waters generally iinterior rivers, and the lower segments of medium-size tributary streams.

Waters designated Class HH are those in which fish are routinely harvested for human consumption or waters both designated as a drinkin

which fish are routinely harvested for human consumption.

801 COMBINED WASTE STREAMS FROM OUTFALLS 001 AND 002.

Page 2
Facility Name:

Permit Number:

CARGILL MEAT SOLUTIONS CORPORATION

9083101

Receiving Stream: DES MOINES RIVER

Route of Flow:

Class A1 waters are primary contact recreational use waters in which recreational or other uses may result in prolonged and direct contact 

considerable risks of ingesting water in quantities sufficient to pose a health hazard. Such activities would include, but not be limited to, s

skiing, and water contact recreational canoeing.

Waters designated Class B(WW1) are those in which temperature, flow and other habitat characteristics are suitable to maintain warm wa

along with a resident aquatic community that includes a variety of native nongame fish and invertebrates species. These waters generally iinterior rivers, and the lower segments of medium-size tributary streams.

Waters designated Class HH are those in which fish are routinely harvested for human consumption or waters both designated as a drinkin

which fish are routinely harvested for human consumption.

Discharge of sanitary sewer overflows is prohibited. See Standard Conditon #21

Page 3
Facility Name:

Permit Number:

CARGILL MEAT SOLUTIONS CORPORATION

9083101

Effluent Limitations

Outfall No.: 001 TREATED WASTEWATER FROM HOG SLAUGHTERING, RENDERING, CURING, AND SMOKING PROC

TREATMENT SYSTEM CONSISTS OF GRIT REMOVAL, SETTLING, CHLORINATION, AND AN OXIDAT

You are prohibited from discharging pollutants except in compliance with the following effluent limitations:

Wastewater Parameter Season

Type

of

Limit

%

Removal

7 Day

Average/Min

30 Day

Average

Daily

Maximum Units

7 Day

Average

A

Concentration 

EFFLUENT LIMITATIONS

BIOCHEMICAL OXYGEN DEMAND (BOD5) YEARLY FINAL 72.3 144.6 MG/L TOTAL SUSPENDED SOLIDS YEARLY FINAL 93.4 186.7 MG/L AMMONIA NITROGEN (N) YEARLY FINAL 4.0 8.0 MG/L PH (MINIMUM - MAXIMUM) YEARLY FINAL 6.0 9.0 STD UNITSCOLIFORM,FECAL YEARLY FINAL 400.0 MPN/100MLNITROGEN,TOTAL (AS N) YEARLY FINAL 134.0 194.0 MG/L OIL AND GREASE YEARLY FINAL 39.2 78.3 MG/L E. COLI YEARLY FINAL 126.0 235.0 #/100 ML

Note: If seasonal limits apply, summer is from March 15 through November 15, and winter is from November 16 through March 14.

Page 4
Facility Name:

Permit Number:

CARGILL MEAT SOLUTIONS CORPORATION

9083101

Effluent Limitations

Outfall No.: 002 NON-CONTACT COOLING WATER FROM REFRIGERATION AND PROCESSING EQUIPMENT.

You are prohibited from discharging pollutants except in compliance with the following effluent limitations:

Wastewater Parameter Season

Type

of

Limit

%

Removal

7 Day

Average/Min

30 Day

Average

Daily

Maximum Units

7 Day

Average

A

Concentration 

EFFLUENT LIMITATIONS

PH (MINIMUM - MAXIMUM) YEARLY FINAL 6.0 9.0 STD UNITS

Note: If seasonal limits apply, summer is from March 15 through November 15, and winter is from November 16 through March 14.

Page 5
Facility Name:

Permit Number:

CARGILL MEAT SOLUTIONS CORPORATION

9083101

Effluent Limitations

Outfall No.: 801 COMBINED WASTE STREAMS FROM OUTFALLS 001 AND 002.

You are prohibited from discharging pollutants except in compliance with the following effluent limitations:

Wastewater Parameter Season

Type

of

Limit

%

Removal

7 Day

Average/Min

30 Day

Average

Daily

Maximum Units

7 Day

Average

A

Concentration 

EFFLUENT LIMITATIONS

CHLORINE,TOTAL RESIDUAL YEARLY FINAL 0.37 0.68 MG/L 

Note: If seasonal limits apply, summer is from March 15 through November 15, and winter is from November 16 through March 14.

Page 6
Facility Name:

Permit Number:

CARGILL MEAT SOLUTIONS CORPORATION

9083101

Monitoring and Reporting Requirements

(a) Samples and measurements taken shall be representative of the volume and nature of the monitored wastewater.

(b) Analytical and sampling methods specified in 40 CFR Part 136 or other methods approved in writing by the department shall be utilized.

(c) Chapter 63 of the Iowa Administrative Code provides you with further explanation of your monitoring requirements.

(d) You are required to report all data including calculated results needed to determine compliance with the limitations contained in this permit.

This includes daily maximums and minimums, 30-day averages and 7-day averages for all parameters that have concentration (mg/l) and

mass (lbs/day) limits. Also, flow data shall be reported in million gallons per day (MGD).

(e) Results of all monitoring shall be recorded on forms provided by, or approved by, the department, and shall be submitted to the department b

the fifteenth day following the close of the reporting period. Your reporting period is on a monthly basis, ending on the last day of each

reporting period.

Outfall

Number Wastewater Parameter

Sample

Frequency

Sample

Type Monito

001 FLOW 7/WEEK OR DAILY 24 HOUR TOTAL RAW WASTE OR FINAL EFFLUEN

001 BIOCHEMICAL OXYGEN DEMAND (BOD5) 7/WEEK OR DAILY 24 HOUR COMPOSITE RAW WASTE

001 TOTAL SUSPENDED SOLIDS 7/WEEK OR DAILY 24 HOUR COMPOSITE RAW WASTE

001 PH (MINIMUM - MAXIMUM) 7/WEEK OR DAILY GRAB RAW WASTE

001 TEMPERATURE 7/WEEK OR DAILY GRAB RAW WASTE

001 OIL AND GREASE 7/WEEK OR DAILY GRAB FINAL EFFLUENT

001 SETTLEABLE SOLIDS 7/WEEK OR DAILY GRAB FINAL EFFLUENT

001 BIOCHEMICAL OXYGEN DEMAND (BOD5) 7/WEEK OR DAILY 24 HOUR COMPOSITE EFFLUENT PRIOR TO DISINFECT

001 TOTAL SUSPENDED SOLIDS 7/WEEK OR DAILY 24 HOUR COMPOSITE EFFLUENT PRIOR TO DISINFECT

001 AMMONIA NITROGEN (N) 7/WEEK OR DAILY 24 HOUR COMPOSITE EFFLUENT PRIOR TO DISINFECT

001 PH (MINIMUM - MAXIMUM) 7/WEEK OR DAILY GRAB EFFLUENT PRIOR TO DISINFECT

001 NITROGEN,TOTAL (AS N) 1 EVERY 2 MONTHS GRAB EFFLUENT PRIOR TO DISINFECT

001 TEMPERATURE 7/WEEK OR DAILY GRAB EFFLUENT PRIOR TO DISINFECT

001 COLIFORM,FECAL 1 EVERY 3 MONTHS GRAB EFFLUENT AFTER DISINFECTION

001 E. COLI 1 EVERY 3 MONTHS GRAB EFFLUENT AFTER DISINFECTION

Page 7
Facility Name:

Permit Number:

CARGILL MEAT SOLUTIONS CORPORATION

9083101

Monitoring and Reporting Requirements

(a) Samples and measurements taken shall be representative of the volume and nature of the monitored wastewater.

(b) Analytical and sampling methods specified in 40 CFR Part 136 or other methods approved in writing by the department shall be utilized.

(c) Chapter 63 of the Iowa Administrative Code provides you with further explanation of your monitoring requirements.

(d) You are required to report all data including calculated results needed to determine compliance with the limitations contained in this permit.

This includes daily maximums and minimums, 30-day averages and 7-day averages for all parameters that have concentration (mg/l) and

mass (lbs/day) limits. Also, flow data shall be reported in million gallons per day (MGD).

(e) Results of all monitoring shall be recorded on forms provided by, or approved by, the department, and shall be submitted to the department b

the fifteenth day following the close of the reporting period. Your reporting period is on a monthly basis, ending on the last day of each

reporting period.

Outfall

Number Wastewater Parameter

Sample

Frequency

Sample

Type Monito

001 DISSOLVED OXYGEN (MINIMUM) 7/WEEK OR DAILY GRAB AERATION BASIN CONTENTS

001 SOLIDS,MIXED LIQUOR SUSPENDED 7/WEEK OR DAILY GRAB AERATION BASIN CONTENTS

001 TEMPERATURE 7/WEEK OR DAILY GRAB AERATION BASIN CONTENTS

001 30-MINUTE SETTLEABILITY 7/WEEK OR DAILY GRAB AERATION BASIN CONTENTS

002 FLOW 1 EVERY MONTH 24 HOUR TOTAL FINAL EFFLUENT

002 PH (MINIMUM - MAXIMUM) 1 EVERY MONTH GRAB FINAL EFFLUENT

002 TEMPERATURE 1 EVERY MONTH MEASUREMENT FINAL EFFLUENT

801 FLOW 7/WEEK OR DAILY CALCULATED FINAL EFFLUENT

801 CHLORINE,TOTAL RESIDUAL 7/WEEK OR DAILY GRAB FINAL EFFLUENT

Page 8
Facility Name:

Permit Number:

CARGILL MEAT SOLUTIONS CORPORATION

9083101

Outfall

Number Description

Special Monitoring Requirements

001 NITROGEN,TOTAL (AS N)

Total nitrogen shall be determined by testing for Total Kjeldahl Nitrogen (TKN) and nitrate + nitrite nitrogen and reporting the sum 

results (reported as N). Nitrate + nitrite can be analyzed together or separately.

001 E. COLI

Page 9
Facility Name:

Permit Number:

CARGILL MEAT SOLUTIONS CORPORATION

9083101

Outfall

Number Description

Special Monitoring Requirements

The average limit for E. coli of 126 org/100 ml specified in page 4 of this permit is a geometric mean, not a 30-day average and tha sample maximum, not a daily maximum limit.

The facility must collect and analyze a minimum of five samples in one calendar month during each 3-month period during the yea

March, April - June, July - September, and October - December. The collection of five samples in each 3-month period will result 

collected during a calendar year. For example, for the first 3-month period, the operator may choose February as the calendar mon

samples to determine compliance with the limits. The operator may also choose the months of January or March as well, as long a

during a single calendar month. The same principle applies to the other three 3-month periods during the year. The following requ

samples collected in one calendar month:

Samples must be spaced over one calendar month.

No more than one sample can be collected on any one day.There must be a minimum of two days between each sample.No more than two samples may be collected in a period of seven consecutive days.If the effluent has been chlorinated the samples shall be analyzed using the Most Probable Number method found in Standard Metmade by IDEXX Laboratories, Inc.). If the effluent has not been chlorinated the samples shall be analyzed using either the MPN mEscherichia coli (E. coli) in water by membrane filtration using modified membrane-thermotolerant E. coli agar (modified mTEC) Company.

Each individual sample result will be compared to the sample maximum limit to determine compliance. The geometric mean must 

results collected during a month. The geometric mean formula is as follows: Geometric Mean = (Sample one * Sample two * Sam

five...Sample N)^(1/N), which is the Nth root of the result of the multiplication of all of the sample results where N = the number than value, the value reported by the lab without the less than sign should be used in the geometric mean calculation.

The geometric mean can be calculated in one of the following ways:

Use a scientific calculator that can calculate the powers of numbers.

Enter the samples in Microsoft Excel and use the function “GEOMEAN” to perform the calculation.

Use the geometric mean calculator on the Iowa DNR webpage at: http://www.iowadnr.com/water/npdes/calculator.html

Page 10
 STANDARD CONDITIONS

1. DEFINITIONS

 (a) 7 day average means the sum of the total daily discharges 

by mass, volume or concentration during a 7 consecutive 

day period, divided by the total number of days during the 

period that measurements were made. Four 7 consecutive 

day periods shall be used each month to calculate the 7-

day average. The first 7-day period shall begin with the 

first day of the month. 

 (b) 30 day average means the sum of the total daily discharges 

by mass, volume or concentration during a calendar 

month, divided by the total number of days during the 

month that measurements were made. 

 (c) daily maximum means the total discharge by mass, volume 

or concentration during a twenty-four hour period. 

2. DUTY TO COMPLY

 You must comply with all conditions of this permit. Any 

permit noncompliance constitutes a violation of the Clean 

Water Act and is grounds for enforcement action; permit 

termination, revocation and reissuance, or modification; or 

denial of a permit renewal application. Issuance of this permit 

does not relieve you of the responsibility to comply with all 

local, state and federal laws, ordinances, regulations or other 

legal requirements applying to the operation of your facility. 

 {See 40 CFR 122.41(a) and 567-64.7(4)(e)) IAC}

3. DUTY TO REAPPLY

 If you wish to continue to discharge after the expiration date of 

this permit you must file an application for reissuance at least 

180 days prior to the expiration date of this permit. 

 {See 567-64.8(1) IAC}

4. NEED TO HALT OR REDUCE ACTIVITY

 It shall not be a defense for a permittee in an enforcement 

action that it would have been necessary to halt or reduce the 

permitted activity in order to maintain compliance with the 

conditions of this permit. 

 {See 40 CFR 122.41(c) and 567-64.7(5)(j) IAC}

5. DUTY TO MITIGATE

 You shall take all reasonable steps to minimize or prevent any 

discharge in violation of this permit which has a reasonable 

likelihood of adversely affecting human health or the 

environment. 

 {See 40 CFR 122.41(d) and 567-64.7(5)(i) IAC}

6. PROPERTY RIGHTS

 This permit does not convey any property rights of any sort or 

any exclusive privileges. 

7. TRANSFER OF TITLE

 If title to your facility, or any part of it, is transferred the new 

owner shall be subject to this permit. 

 {See 567-64.14 IAC}

You are required to notify the new owner of the requirements of this 

permit in writing prior to any transfer of title. The Director shall be 

notified in writing within 30 days of the transfer 

8. PROPER OPERATION AND MAINTENANCE 

 All facilities and control systems shall be operated as 

efficiently as possible and maintained in good working order. 

A sufficient number of staff, adequately trained and 

knowledgeable in the operation of your facility shall be 

retained at all times and adequate laboratory controls and 

appropriate quality assurance procedures shall be provided to 

maintain compliance with the conditions of this permit. 

 {See 40 CFR 122.41(e) and 567 64.7(5)(f) IAC}

9. DUTY TO PROVIDE INFORMATION 

 You must furnish to the Director, within a reasonable time, any 

information the Director may request to determine whether 

cause exists for modifying, revoking and reissuing, or 

terminating this permit or to determine compliance with this 

permit. You must also furnish to the Director, upon request, 

copies of any records required to be kept by this permit. 

10. MAINTENANCE OF RECORDS

 You are required to maintain records of your operation in 

accordance with 567-63.2 IAC. 

11. PERMIT MODIFICATION, SUSPENSION OR 

REVOCATION

 (a) This permit may be modified, suspended, or revoked and 

reissued for cause including but not limited to those 

specified in 567-64.3(11) IAC. 

 (b) This permit may be modified due to conditions or 

information on which this permit is based, including any 

new standard the department may adopt that would 

change the required effluent limits. 

 {See 567-64.3(11) IAC} 

 (c) If a toxic pollutant is present in your discharge and more 

stringent standards for toxic pollutants are established 

under Section 307(a) of the Clean Water Act, this permit 

will be modified in accordance with the new standards. 

 {See 40 CFR 122.62(a)(6) and 567-64.7(5)(g) IAC}

 The filing of a request for a permit modification, revocation or 

suspension, or a notification of planned changes or anticipated 

noncompliance does not stay any permit condition. 

12. SEVERABILITY

 The provisions of this permit are severable and if any provision 

or application of any provision to any circumstance is found to 

be invalid by this department or a court of law, the application 

of such provision to other circumstances, and the remainder of 

this permit, shall not be affected by such finding. 
 STANDARD CONDITIONS

13. INSPECTION OF PREMISES, RECORDS, 

EQUIPMENT, METHODS AND DISCHARGES

 You are required to permit authorized personnel to: 

 (a) Enter upon the premises where a regulated facility or 

activity is located or conducted or where records are kept 

under conditions of this permit. 

 (b) Have access to and copy, at reasonable times, any records 

that must be kept under the conditions of this permit. 

 (c) Inspect, at reasonable times, any facilities, equipment, 

practices or operations regulated or required under this 

permit. 

 (d) Sample or monitor, at reasonable times, for the purpose of 

assuring compliance or as otherwise authorized by the 

Clean Water Act. 

14. TWENTY-FOUR HOUR REPORTING

 You shall report any noncompliance that may endanger human 

health or the environment. Information shall be provided orally 

within 24 hours from the time you become aware of the 

circumstances. A written submission that includes a description 

of noncompliance and its cause; the period of noncompliance 

including exact dates and times, whether the noncompliance 

has been corrected or the anticipated time it is expected to 

continue; and the steps taken or planned to reduce, eliminate, 

and prevent a reoccurrence of the noncompliance must be 

provided within 5 days of the occurrence. The following 

instances of noncompliance must be reported within 24 hours 

of occurrence: 

 (a) Any unanticipated bypass which exceeds any effluent 

limitation in the permit. 

 {See 40 CFR 122.41(l)(5)(ii)(A)}

 (b) Any upset which exceeds any effluent limitation in the 

permit. 

 {See 40 CFR 122.41(l)(5)(ii)(B)}

 (c) Any violation of a maximum daily discharge limit for any 

of the pollutants listed by the Director in the permit to be 

reported within 24 hours. 

 {See 40 CFR 122.41(l)(5)(ii)(C)}

15. OTHER NONCOMPLIANCE 

 You shall report all instances of noncompliance not reported 

under Condition #14 at the time monitoring reports are 

submitted. 

16. ADMINISTRATIVE RULES

 Rules of this Department which govern the operation of your 

facility in connection with this permit are published in Part 567 

of the Iowa Administrative Code (IAC) in Chapters 60-65 and 

121. Reference to the term “rule” in this permit means the 

designated provision of Part 567 of the Iowa Administrative 

Code. 

17. NOTICE OF CHANGED CONDITIONS

 You are required to report any changes in existing conditions 

or information on which this permit is based: 

 (a) Facility expansions, production increases or process 

modifications which may result in new or increased 

discharges of pollutants must be reported to the Director 

in advance. If such discharges will exceed effluent 

limitations, your report must include an application for a 

new permit. 

 {See 567-64.7(5)(a) IAC}

 (b) If any modification of, addition to, or construction of a 

disposal system is to be made, you must first obtain a 

written permit from this Department. 

 {See 567-64.2 IAC}

 (c) If your facility is a publicly owned treatment works or 

otherwise may accept waste for treatment from industrial 

contributors see 567-64.3(5) IAC for further notice 

requirements. 

 (d) You shall notify the Director as soon as you know or have 

reason to believe that any activity has occurred or will 

occur which would result in the discharge of any toxic 

pollutant which is not limited in this permit. 

 {See 40 CFR 122.42(a)} 

(e) No construction activity that will result in disturbance of 

one acre or more shall be initiated without first obtaining 

coverage under NPDES General Permit No. 2 for “Storm 

water discharge associated with construction activity”. 

 You must also notify the Director if you have begun or 

will begin to use or manufacture as an intermediate or 

final product or byproduct any toxic pollutant which 

was not reported in the permit application 

18. OTHER INFORMATION

 Where you become aware that you failed to submit any 

relevant facts in a permit application, or submitted incorrect 

information in a permit application or in any report, you must 

promptly submit such facts or information. 
 STANDARD CONDITIONS

19. UPSET PROVISION

 (a) 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. 

 (b) Effect of an upset. An upset constitutes an affirmative 

defense in an action brought for noncompliance with such 

technology based permit effluent limitations if the 

requirements of paragraph “c” of this condition are met. 

No determination made during administrative review of 

claims that noncompliance was caused by upset, and 

before an action for noncompliance, is final administrative 

action subject to judicial review. 

 (c) Conditions necessary for demonstration of an upset. 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 at the time being properly 

operated; and 

 (3) The permittee submitted notice of the upset to the 

Department in accordance with 40 CFR 

122.41(l)(6)(ii)(B). 

 (4) The permittee complied with any remedial measures 

required by Item #5 of the Standard Conditions of this 

permit. 

 (d) Burden of Proof. In any enforcement proceeding, the 

permittee seeking to establish the occurrence of an upset 

has the burden of proof. 

20. FAILURE TO SUBMIT FEES

 This permit may be revoked, in whole or in part, if the 

appropriate permit fees are not submitted within thirty (30) 

days of the date of notification that such fees are due. 

21. BYPASSES AND SANITARY SEWER OVERFLOWS 

(a) Definitions 

Bypass means the intentional diversion of waste streams from 

any portion of a treatment facility. 

Sanitary sewer overflow (SSO) means an overflow, spill, 

release, or diversion of wastewater from a sanitary sewer 

collection system designed to carry only sewage and prior to 

reaching the treatment works.

BYPASSES (Continued)

(b) Prohibitions 

i. Sanitary sewer overflows (SSOs) are prohibited. 

ii. Bypass is prohibited and the department may take 

enforcement action against a permittee for bypass unless all 

of the following three conditions are met: 

 (1) Bypass was unavoidable to prevent loss of life, personal 

injury, or severe property damage; and 

 (2) There were no feasible alternatives to the bypass such as 

the use of auxiliary treatment facilities, retention of 

untreated wastes, or maintenance during normal 

periods of equipment downtime. This condition is not 

satisfied 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 preventive maintenance; and 

 (3) The permittee submitted notices as required by 

paragraph “d” of this section. 

 (c) The Director may approve an anticipated bypass after 

considering its adverse effects if the Director determines 

that it will meet the three conditions listed above. 

 (d) Reporting bypasses and SSOs. Bypasses and SSOs shall be 

reported in accordance with 567-63.6 IAC. 

22. SIGNATORY REQUIREMENTS

 Applications, reports or other information submitted to the 

Department in connection with this permit must be signed and 

certified as required by 567-64.3(8) IAC. 

23. USE OF CERTIFIED LABORATORIES 

Effective October 1, 1996, analyses of wastewater, 

groundwater or sewage sludge that are required to be submitted 

to the department as a result of this permit must be performed 

by a laboratory certified by the State of Iowa. Routine, on-site 

monitoring for pH, temperature, dissolved oxygen, total 

residual chlorine and other pollutants that must be analyzed 

immediately upon sample collection, settleable solids, physical 

measurements, and operational monitoring tests specified in 

567-63.3(4) are excluded from this requirement. 

24. LEGAL AND FINANCIAL LIABILITY WAIVER 

No legal or financial responsibility arising from the operation 

or maintenance of any disposal system or part thereof installed 

by the permittee to achieve compliance with this permit shall 

attach to the State of Iowa or the Iowa Department of Natural 

Resources.