STATE OF MAINE 

Department of Environmental Protection 

Paul R, LePage Patricia W. Aho 

GOVERNOR COMMISSIONER 

December 3, 2012 

Mr. Ralph Nicola 

Penobscot Indian Nation 

12 Wabanaki Drive 

Indian Island 

Old Town, Maine 04468 

RE: Maine Pollutant Discharge Elimination System (MEPDES) Permit #ME0101311 

Maine Waste Discharge License (WDL) Application #W002672-6B-D-R 

Final Permit 

Dear Mr. Nicola: 

Enclosed please find a copy of your final MEPDES permit and Maine WDL renewal which was approved by 

the Department of Environmental Protection. Please read this permit/license renewal and its attached conditions 

carefully. You must follow the conditions in the order to satisfy the requirements of law. Any discharge not 

receiving adequate treatment is in violation of State Law and is subject to enforcement action. 

Any interested person aggrieved by a Department determination made pursuant to applicable regulations, may 

appeal the decision following the procedures described in the attached DEP FACT SHEET entitled "Appealing 

a Commissioner's Licensing Decision." 

If you have any questions regarding the matter, please feel free to call me at 287-7693. 

Sincerely, 

Gregg Wood 

Division of Water Quality Management 

Bureau of Land and Water Quality 

Enc. 

cc: Clarissa Trasko, DEP/EMRO 

Sandy Mojica, USEPA 

AUGUSTA 

17 STATE HOUSE STATION BANGOR PORTLAND PRESQUE ISLE 

AUGUSTA, MAINE 04333-0017 106 HOGAN ROAD 312 CANCO ROAD 1235 CENTRAL DRIVE, SKYWAY PARK 

(207) 287-3901 FAX: (207) 287-3435 BANGOR, MAINE 04401 PORTLAND, MAINE 04103 PRESQUE ISLE, MAINE 04769-2094 

RAY BLDG., HOSPITAL ST. (207) 941-4570 FAX: (207) 941-4584 (207) 822-6300 FAX: (207) 822-6303 (207) 764-6477 FAX: (207) 764-1507 

web site: www.rnaine.govidep 
STATE OF MAINE 

DEPARTMENT OF ENVIRONMENTAL PROTECTION 

17 STATE HOUSE STATION 

AUGUSTA, ME 04333 

DEPARTMENT ORDER 

IN THE MATTER OF 

PENOBSCOT INDIAN NATION 

OLD TOWN, PENOBSCOT COUNTY, MAINE 

PUBLICLY OWNED TREATMENT WORKS 

ME0101311 

W002672-6B-D-R APPROVAL 

) MAINE POLLUTANT DISCHARGE 

) ELIMINATION SYSTEM PERMIT 

AND 

) WASTE DISCHARGE LICENSE 

RENEWAL 

Pursuant to the provisions of the Federal Water Pollution Control Act, Title 33 USC, Section 1251, et. 

seq. and Conditions of Licenses, 38 M.R.S.A., Section 414-A et seq., and applicable regulations, the 

Department of Environmental Protection (Department hereinafter) has considered the application of 

the PENOBSCOT INDIAN NATION (PIN/permittee hereinafter) with its supportive data, agency 

review comments, and other related material on file and FINDS THE FOLLOWING FACTS: 

APPLICATION SUMMARY 

The PIN has submitted an application to the U.S. Environmental Protection Agency (EPA) to renew 

National Pollutant Discharge Elimination System (NPDES) permit #ME0101311 issued by the EPA on 

January 26, 2006, for a five-year term. The NPDES permit approved the discharge of up to a monthly 

average flow of 0.10 MGD of secondary treated sanitary wastewater from a treatment facility to the 

Penobscot River, Class B, in Old Town, Maine. 

On October 16, 2012, the PIN submitted another application to the Department to renew Maine Waste 

Discharge License (WDL) #W002672-5L-C-R, which was issued by the Department on 

March 29, 2000, for a five-year term. The WDL approved the discharge of up to a monthly average 

flow of 0.07 MGD of secondary treated sanitary wastewater from a treatment facility to the Penobscot 

River, Class B, in Old Town, Maine. 

PERMT SUMMARY 

This permitting action is carrying forward all the terms and conditions of the previous permitting 

action with the following exceptions: 

1) Eliminating the seasonal monitoring requirements for total phosphorus and ortho-phosphorus as the 

Department has made a best professional judgment it has enough information of the quantity of 

total phosphorus and ortho-phosphorus discharged and determined the impact on the receiving 

water is de mininds. 
ME0101311 PERMIT Page 2 of 10 

W002672-6B-D-R 

PERMT SUMMARY (c ont'd) 

2) Increasing the technology based mass limitations for biochemical oxygen demand (BOD) and total 

suspended solids (TSS) to correct an error in the previous permitting action. 

3) Reducing the monitoring frequency for BOD, TSS, settleable solids and E. coil bacteria based on a 

statistical analysis of the compliance data for the previous four-year period. 

4) Incorporating mercury limitations into this permit that were originally established in a license 

modification issued by the Department on May 23, 2000. 

CONCLUSIONS 

BASED on the findings in the attached Fact Sheet dated October 24, 2012, and subject to the 

Conditions listed below, the Department makes the following CONCLUSIONS: 

1. The discharge, either by itself or in combination with other discharges, will not lower the quality of 

any classified body of water below such classification. 

2. The discharge, either by itself or in combination with other discharges, will not lower the quality of 

any unclassified body of water below the classification which the Department expects to adopt in 

accordance with state law. 

3. The provisions of the State's antidegradation policy, 38 MRSA Section 464(4)(F), will be met, in 

that: 

(a) Existing in-stream water uses and the level of water quality necessary to protect and maintain 

those existing uses will be maintained and protected; 

(b) Where high quality waters of the State constitute an outstanding natural resource, that water 

quality will be maintained and protected; 

(c) The standards of classification of the receiving water body are met or, where the standards of 

classification of the receiving water body are not met, the discharge will not cause or contribute 

to the failure of the water body to meet the standards of classification; 

(d) Where the actual quality of any classified receiving water body exceeds the minimum standards 

of the next highest classification, that higher water quality will be maintained and protected; 

and 

(e) Where a discharge will result in lowering the existing quality of any water body, the 

Department has made the finding, following opportunity for public participation, that this 

action is necessary to achieve important economic or social benefits to the State. 
ME0101311 PERMIT Page 3 of 10 

W002672-6B-D-R 

CONCLUSIONS (cont'd) 

4. The discharge will be subject to effluent limitations that require application of best practicable 

treatment. 

5. The discharge is necessary and that there are no other reasonable alternatives available. 

ACTION 

THEREFORE, the Department APPROVES the above noted application of the PENOBSCOT 

INDIAN NATION to discharge up to a monthly average flow of 0.10 MGD of secondary treated waste 

waters from a publicly owned treatment works to the Penobscot, Class B, SUBJECT TO THE 

FOLLOWING CONDITIONS, and all applicable standards and regulations including: 

1. "Maine Pollutant Discharge Elimination System Permit Standard Conditions Applicable To All 

Permits," revised July 1, 2002, copy attached. 

2. The attached Special Conditions, including any effluent limitations and monitoring requirements. 

3. This permit becomes effective upon the date of signature below and expires at midnight five (5) 

years after that date. If a renewal application is timely submitted and accepted as complete for 

processing prior to the expiration of the this permit, the terms and conditions of the this permit and 

all subsequent modifications and minor revisions thereto remain in effect until a final Department 

decision on the renewal application becomes effective. [Maine Administrative Procedure Act, 5 

M.R.S.A. § 10002 and Rules Concerning the Processing of Applications and Other Administrative 

Matters, 06-096 CMR 2(21)(A) (effective April 1, 2003)]. 

PLEASE NOTE ATTACHED SHEET FOR GUIDANCE ON APPEAL PROCEDURES 

DONE AND DATED AT AUGUSTA, MAINE, THIS DAY OF DECEMBER, 2012. 

DEPARTMENT OF ENVIRONMENTAL PROTECTION 

BY: 

For Patricia W. Aho, Commissioner 

Date of initial receipt of application: October 16, 2012 

Date of application acceptance: October 16, 2012 

Filed 

DEC 5 2012 

State of Maine 

Board of Environmental Protection 

Date filed with Board of Environmental Protection: 

This Order prepared by Gregg Wood, BUREAU OF LAND & WATER QUALITY 

ME0101311 2012 11/28/12 
Effluent Characteristic Discharge Limitations 

Monitoring 

Measurement 

Frequency 

Minimum 

Requirements 

Sample Type 

Monthly 

Average 

Weekly 

Average 

Daily 

Maximum 

Monthly 

Average 

Weekly 

Average 

Daily 

Maximum 

Flow 150050) 0.100 MGD 

1031 

--- Report (MGD) 

1037 

- --- --W Continuous 

[99/997 

Recorder [RC] 

Biochemical Oxygen 

Demand (BOD5) mono 

25 lbs/Day [26] 38 lbs/Day [26i 42 lbs/Dayr26] 30 mg/L (19„1 45 mg/L [19j 50 mg/L 119] 1/Month 1-01/30J Composite [24] 

BOD5% Removal(1) [81010/ --- --- --- 85%/2,3] --- --- 1/Mopthi01/30i Calculateiciv 

Total Suspended Solids 

(TSS) [005301 

25 lbs/Day pq 38 lbs/Day pq 42 lbs/Day(26/ 30 mg/L f19/ 45 mg/L [19] 50 mg/L [19] 1/Month [01/30) Composite 1241 .

TSS % Removal (1) gnat v --- --- 85%1237 --- --- 1/Monthr01/30/ CalculateicAi 

Settleable Solids [005451 --- --- --- --- — 0.3 pan 1257 1/Week 101/071 Grab [GR7 

„.,,..; ,() 2 E. colt Bac4. ,s,.... [31633] --- - --- 64/100 ml [13.7 --- 427/100 ml 

1131 

1/Month fomo] Grab jog/ 

( May 15 — September 30) 

Total Residual Chlorine(3) 

150060/ 

--- --- --- --- --- 1.0 mg/L [19.1 1/Day 101/011 Grab [OR] 

MereUrY(4)[71900] --- --- --- 7.2 ng/L 

[3M] 

— 10.9 ng/L 

f3M] 

1/Year 

[01/YR] 

Grab 

[GR] 

pH (Std. Units) [00400/ -- --- --- --- --- 6.0-9.0 /-127 1/Day [01/01/ Grab [GR7 
ME0101311 PERMIT Page 5 of 10 

W002672-6B-D-R 

SPECIAL CONDITIONS 

A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS 

Sampling Locations: 

Influent sampling for BOD5and TSS shall be sampled prior to primary treatment. 

Effluent sampling shall be sampled for all parameters at the end of the chlorine contact chamber 

on a year-round basis. 

Any change in sampling location(s) must be reviewed and approved by the Department in writing. 

Sampling - Sampling and analysis must be conducted in accordance with; a) methods approved in 

40 Code of Federal Regulations (CFR) Part 136, b) alternative methods approved by the 

Department in accordance with the procedures in 40 CFR Part 136, or c) as otherwise specified by 

the Department. Samples that are sent out for analysis shall be analyzed by a laboratory certified by 

the State of Maine's Department of Human Services. Samples that are sent to another POTW 

licensed pursuant to Waste discharge licenses, 38 M.R.S.A. § 413 or laboratory facilities that 

analyze compliance samples in-house are subject to the provisions and restrictions of Maine 

Comprehensive and Limited Environmental Laboratory Certification Rules, 10-144 CMR 263 (last 

amended February 13, 2000). 

All analytical test results shall be reported to the Department including results which are detected 

below the respective reporting limits (RLs) specified by the Department or as specified by other 

approved test methods. If a non-detect analytical test result is below the respective RL, the 

concentration result shall be reported as <Y where Y is the RL achieved by the laboratory for each 

respective parameter. Reporting a value of <Y that is greater than an established RL or reporting 

an estimated value ("J" flagged) is not acceptable and will be rejected by the Department. 

Reporting analytical data and its use in calculations must follow established Department guidelines 

specified in this permit or in available Department guidance documents. 

1. Percent removal - The treatment facility shall maintain a minimum of 85 percent removal of 

both BOD5and TSS. The percent removal shall be based on a monthly average calculation 

using influent and effluent concentrations. The percent removal shall be waived when the 

monthly average influent concentration is less than 200 mg/L. For instances when this occurs, 

the facility shall report "NODI-9" on the monthly Discharge Monitoring Report. 

2. E. con bacteria - Limits are seasonal and apply between May 15 and September 30 of each 

calendar year. The Department reserves the right to require disinfection on a year-round basis 

to protect the health and welfare of the public. The monthly average limitation is a geometric 

mean limitation and shall be calculated and reported as such. 
ME0101311 PERMIT Page 6 of 10 

W002672-6B-D-R 

SPECIAL CONDITIONS 

A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS 

3. Total Residual Chlorine — Limitations and monitoring requirements are applicable whenever 

elemental chlorine or chlorine based compounds are being used to disinfect the discharge. The 

permittee shall utilize approved test methods that are capable of bracketing the limitations in 

this permit. 

4. Mercury - All mercury sampling required by this permit or required to determine compliance 

with interim limitations established pursuant to Department rule Chapter 519, shall be 

conducted in accordance with EPA's "clean sampling techniques" found in EPA Method 1669, 

Sampling Ambient Water For Trace Metals At EPA Water Quality Criteria Levels. All 

mercury analysis shall be conducted in accordance with EPA Method 1631, Determination of 

Mercury in Water by Oxidation, Purge and Trap, and Cold Vapor Fluorescence Spectrometry. 

See Attachment A for a Department report form for mercury test results. 

The limitation in the monthly average column in table Special Condition A of this permit is 

defined as the arithmetic mean of all the mercury tests ever conducted for the facility utilizing 

sampling Methods 1669 and analysis Method 1631E. 

B. NARRATIVE EFFLUENT LIMITATIONS 

1. The effluent shall not contain a visible oil sheen, foam or floating solids at any time which 

would impair the usages designated for the classification of the receiving waters. 

2. The effluent shall not contain materials in concentrations or combinations which are hazardous 

or toxic to aquatic life, or which would impair the usages designated for the classification of the 

receiving waters. 

3. The discharge shall not cause visible discoloration or turbidity in the receiving waters, which 

would impair the usages designated for the classification of the receiving waters. 

4. Notwithstanding specific conditions of this permit the effluent must not lower the quality of 

any classified body of water below such classification, or lower the existing quality of any body 

of water if the existing quality is higher than the classification. 

C. TREATMENT PLANT OPERATOR 

The person who has the management responsibility over the treatment facility must hold a 

Grade II certificate (or higher) or must be a Maine Registered Professional Engineer pursuant to 

Sewerage Treatment Operators, Title 32 M.R.S.A., Sections 4171-4182 and Regulations for 

Wastewater Operator Certification, 06-096 CMR 531 (effective May 8, 2006). All proposed 

contracts for facility operation by any person must be approved by the Department before the 

permittee may engage the services of the contract operator. 
ME0101311 PERMIT Page 7 of 10 

W002672-6B-D-R 

SPECIAL CONDITIONS 

D. AUTHORIZED DISCHARGES 

The permittee is authorized to discharge only in accordance with: 1) the pennittee's NPDES Permit 

Application submitted to the USEPA and accepted for processing on February 25, 2011, and the 

General Application submitted to the Department on October 16, 2012, 2) the terms and conditions 

of this permit; and 3) only from Outfall#001A. Discharges of wastewater from any other point 

source are not authorized under this permit, and shall be reported in accordance with Standard 

Condition B(5), Bypasses, of this permit. 

E. LIMITATIONS FOR INDUSTRIAL USERS 

Pollutants introduced into the waste water collection and treatment system by a non-domestic 

source (user) shall not pass through or interfere with the operation of the treatment system. The 

licensee shall conduct an Industrial Waste Survey (IWS) at any time a new industrial user proposes 

to discharge within its jurisdiction, an existing user proposes to make a significant change in its 

discharge, or, at an alternative minimum, once every permit cycle. The IWS shall identify, in terms 

of character and volume of pollutants, any Significant Industrial Users discharging into the POTW 

subject to Pretreatment Standards under section 307(b) of the federal Clean Water Act, 40 CFR 

Part 403 (general pretreatment regulations) or Pretreatment Program, 06-096 CMR 528 (last 

amended March 17, 2008). 

F. NOTIFICATION REQUIREMENT 

In accordance with Standard Condition D, the permittee shall notify the Department of the 

following. 

Any introduction of pollutants into the waste water collection and treatment system from an 

indirect discharger in a primary industrial category discharging process waste water; and 

2. Any substantial change in the volume or character of pollutants being introduced into the waste 

water collection and treatment system by a source introducing pollutants into the system at the 

time of permit issuance. For the purposes of this section, notice regarding substantial change 

shall include information on: 

(a) the quality and quantity of waste water introduced to the waste water collection and 

treatment system; and 

(b) any anticipated impact caused by the change in the quantity or quality of the waste water to 

be discharged from the treatment system, 
ME0101311 PERMIT Page 8 of 10 

W002672-6B-D-R 

SPECIAL CONDITIONS 

G. WET WEATHER MANAGEMENT PLAN 

The permittee shall maintain a current written Wet Weather Management Plan to direct the staff on 

how to operate the facility effectively during periods of high flow. The Department acknowledges 

that the existing collection system may deliver flows in excess of the monthly average design 

capacity of the treatment plant during periods of high infiltration and rainfall. The revised plan 

shall include operating procedures for a range of intensities, address solids handling procedures 

(including septic waste and other high strength wastes if applicable) and provide written operating 

and maintenance procedures during the events. The permittee shall review their plan annually 

and record any necessary changes to keep the plan up to date. 

H. OPERATION & MAINTENANCE (O&M) PLAN 

This facility shall maintain a current written comprehensive Operation & Maintenance (O&M) 

Plan. The plan shall provide a systematic approach by which the permittee shall at all times, 

properly operate and maintain all facilities and systems of treatment and control (and related 

appurtenances) which are installed or used by the permittee to achieve compliance with the 

conditions of this permit. 

Within 90 days of completion of new and or substantial upgrades of the waste water 

treatment facility, the permittee shall submit an updated O&M Plan to their Department inspector 

for review and comment. The plan shall provide a systematic approach by which the permittee 

shall at all times, properly operate and maintain all facilities and systems of treatment and control 

(and related appurtenances) which are installed or used by the permittee to achieve compliance 

with the conditions of this permit. 

By December 31 of each year or within 90 days of any process changes or minor equipment 

upgrades, the permittee shall evaluate and modify the O&M Plan including site plan(s) and 

schematic(s) for the waste water treatment facility to ensure that it is up-to-date. The O&M Plan 

shall be kept on-site at all times and made available to Department personnel upon request. 

I. 06-096 CMR 530(2)(D)(4) STATEMENT FOR REDUCED/WAIVED TOXICS TESTING 

By December 31 of each calendar year, the permittee shall provide the Department with a 

certification describing any of the following that have occurred since the effective date of this 

permit [PCS Code 95799]: See Attachment B of the Fact Sheet for an acceptable certification form to 

satisfy this Special Condition. 

(a) Changes in the number or types of non-domestic wastes contributed directly or indirectly to the 

wastewater treatment works that may increase the toxicity of the discharge; 

(b) Changes in the operation of the treatment works that may increase the toxicity of the 

discharge; and 
ME0101311 PERMIT Page 9 of 10 

W002672-6B-D-R 

SPECIAL CONDITIONS 

I. 06-096 CMR 530(2)(D)(4) STATEMENT FOR REDUCED/WAIVED TOXICS TESTING 

(c) Changes in industrial manufacturing processes contributing wastewater to the treatment works 

that may increase the toxicity of the discharge. 

In addition, in the comments section of the certification form, the permittee shall provide the 

Department with statements describing; 

(d) Changes in storm water collection or inflow/infiltration affecting the facility that may increase 

the toxicity of the discharge. 

(e) Increases in the type or volume of hauled wastes accepted by the facility. 

The Department reserves the right to reinstate annual (surveillance level) testing or other toxicity 

testing if new information becomes available that indicates the discharge may cause or have a 

reasonable potential to cause exceedences of ambient water quality criteria/thresholds. 

J. MONITORING AND REPORTING 

Monitoring results obtained during the previous month shall be summarized for each month and 

reported on separate Discharge Monitoring Report (DMR) forms provided by the Department and 

shall be postmarked by the thirteenth (13th) day of the month or hand-delivered to a Department 

Regional Office such that the DMRs are received by the Department by the fifteenth (15th) day of 

the month following the completed reporting period. A signed copy of the DMR and all other 

reports required herein shall be submitted, unless otherwise specified, to the Department's facility 

inspector at: 

Department of Environmental Protection 

Eastern Maine Regional Office 

Bureau of Land and Water Quality 

Division of Water Quality Management 

106 Hogan Road 

Bangor, Maine 04011 

Alternatively, if you are submitting an electronic DMR (eDMR), the completed eDMR must be 

electronically submitted to the Department by a facility authorized DMR Signatory not later than 

close of business on the 15th day of the month following the completed reporting period. Hard 

Copy documentation submitted in support of the eDMR must be postmarked on or before the 

thirteenth (13th) day of the month or hand-delivered to the Department's Regional Office such that 

it is received by the Department on or before the fifteenth (15th) day of the month following the 

completed reporting period. Electronic documentation in support of the eDMR must be submitted 

not later than close of business on the 15thday of the month following the completed reporting 

period. 
ME0101311 PERMIT Page 10 of 10 

W002672-6B-D-R 

SPECIAL CONDITIONS 

K. REOPENING OF PERMIT FOR MODIFICATIONS 

Upon evaluation of the tests results or monitoring requirements specified in Special Conditions of 

this permitting action, new site specific information, or any other pertinent test results or 

information obtained during the term of this permit, the Department may, at any time, and with 

notice to the permittee, modify this permit to: (1) include effluent limits necessary to control 

specific pollutants or whole effluent toxicity where there is a reasonable potential that the effluent 

may cause water quality criteria to be exceeded; (2) require additional effluent or ambient water 

quality monitoring if results on file are inconclusive; or (3) change monitoring requirements or 

limitations based on new information. 

L. SEVERABILITY 

In the event that any provision, or part thereof, of this permit is declared to be unlawful by a 

reviewing court, the remainder of the permit shall remain in full force and effect, and shall be 

construed and enforced in all aspects as if such unlawful provision, or part thereof, had been 

omitted, unless otherwise ordered by the court. 
ATTACHMENT A 
Sampling Date: Sampling time: AM/PM 

mm dd 

Sampling Location: 

Weather Conditions: 

YY 

Please describe any unusual conditions with the influent or at the facility during or preceding the 

time of sample collection: 

Optional test - not required but recommended where possible to allow for the most meaningful 

evaluation of mercury results: 

Suspended Solids mg/L Sample type: Grab (recommended) or 

Composite 

Maine Department of Environmental Protection 

Effluent Mercury Test Report 

Name of Facility: Federal Permit # ME 

Pipe # 

Purpose of this test: Initial limit determination 

Compliance monitoring for: year 

Supplemental or extra test 

calendar quarter 

SAMPLE COLLECTION INFORMATION 

ANALYTICAL RESULT FOR EFFLUENT MERCURY 

Name of Laboratory: 

Date of analysis: Result: ng/L (PPT) 

Please Enter Effluent Limits for your facility 

Effluent Limits: Average = ng/L Maximum = ng/L 

Please attach any remarks or comments from the laboratory that may have a bearing on the results or 

their interpretation. If duplicate samples were taken at the same time please report the average. 

CERTIFICATION 

I certifiy that to the best of my knowledge the foregoing information is correct and representative of 

conditions at the time of sample collection. The sample for mercury was collected and analyzed 

using EPA Methods 1669 (clean sampling) and 1631 (trace level analysis) in accordance with 

instructions from the DEP. 

By: 

Title: 

Date: 

PLEASE MAIL THIS FORM TO YOUR ASSIGNED INSPECTOR 

DEPLW 0112-B2007, Revised July 2009 Printed 7/14/2009 
MAINE POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT 

AND 

MAINE WASTE DISCHARGE LICENSE 

FACT SHEET 

Date October 24, 2012 

PERMIT NUMBER: ME0101311 

LICENSE NUMBER: W002672-6B-D-R 

NAME AND MAILING ADDRESS OF APPLICANT: 

PENOBSCOT INDIAN NATION 

12 Wabanaki Way, Indian Island 

Old Town, Maine 04468 

COUNTY: Penobscot County 

NAME AND ADDRESS OF FACILITY WHERE DISCHARGE OCCURS: 

Penobscot Nation Water Pollution Control Facility 

12 Wabanaki Way, Indian Island 

Old Town, Maine 

RECEIVING WATER/CLASSIFICATION: Penobscot River/Class B 

COGNIZANT OFFICIAL AND TELEPHONE NUMBER: Mr. Ralph Nicola, Superintendent 

Tel: (207) 817-7385 

e-mail: rala.nicola(&penobscotnation.org 

1. APPLICATION SUMMARY 

a. Application: The Penobscot Indian Nation (PIN) has submitted an application to the U.S. 

Environmental Protection Agency (EPA) to renew National Pollutant Discharge 

Elimination System (NPDES) permit #ME0101311 issued by the EPA on 

January 26, 2006, for a five-year term. The NPDES permit approved the discharge of up 

to a monthly average flow of 0.10 MGD of secondary treated sanitary wastewater from a 

municipal treatment facility to the Penobscot River, Class B, in Old Town, Maine. 

On October 16, 2012, the PIN submitted another application to the Department to renew 

Maine Waste Discharge License (WDL) #W002672-5L-C-R, which was issued by the 

Department on March 29, 2000, for a five-year term. The WDL approved the discharge 

of up to a monthly average flow of 0.07 MGD of secondary treated sanitary wastewater 

from a municipal treatment facility to the Penobscot River, Class B, in Old Town, Maine. 

See Attachment A of this Fact Sheet for a location map. 
ME0101311 FACT SHEET Page 2 of 17 

W002672-6B-D-R 

1. APPLICATION SUMMARY 

b. Source Description: The facility receives commercial and residential sanitary wastewater 

serving a population of 550 residents on Indian Island in Old Town, Maine. There are no 

significant industrial users within the collection system and there are no combined sewer 

overflows. The facility is not authorized to treat transported wastes at the waste water 

treatment facility. 

c. Waste Water Treatment: Sanitary wastewater received at the PIN waste water treatment 

facility receives a secondary level of treatment. Waste waters generated on Indian Island 

are conveyed to the treatment facility via a sewer collection system that is primarily a 

gravity system that is approximately five (5) miles in length with seven (7) pump 

stations. Five of the seven pump stations have on-site back-up power and the other two 

pump stations are served by a mobile generator in the event of a power failure. 

Wastewaters from the collection system are conveyed to the facility headworks where 

influent screening is performed either through a comminutor or a manual bar rack, 

followed by an anoxic selector basin for filiaments control. Waste water then flows to a 

68,800-gallon oxidation ditch with diffused air, followed by two 27,000 gal circular final 

clarifiers, the chlorine contact tank where it is seasonally disinfected and then is 

discharged to Penobscot River via a 10" diameter pipe. The outfall pipe extends out into 

the receiving water approximately 75 feet with approximately 10 feet of water over the 

crown of the pipe at normal low water levels. The end of the outfall pipe is not fitted with 

a diffuser to enhance mixing with the receiving waters, Between May 1 and October 31 

of each year, the effluent is disinfected with sodium hypochlorite. Flow is measured by a 

continuous recording flow meter. 

Sludge is wasted from the clarifiers to two 8,000 gal. aerobic digesters and can be then 

pumped to a belt filter press for dewatering. Sludge can be also stored in the digestors 

which are former package processing units. Sludge is then disposed of at the Old Town 

Compost Facility, a Department approved site. 

2. PERMIT SUMMARY 

a. Terms and conditions: This permitting action is carrying forward all the terms and 

conditions of the previous permitting action with the following exceptions: 

1) Eliminating the seasonal monitoring requirements for total phosphorus and orthophosphorus as the Department has made a best professional judgment it has enough 

information of the quantity of total phosphorus and ortho-phosphorus discharged and 

determined the impact on the receiving water is de minimis. 

2) Increasing the technology based mass limitations for biochemical oxygen demand 

(BOD) and total suspended solids (TSS) to correct an error in the previous permitting 

action. 
ME0101311 FACT SHEET Page 3 of 17 

W002672-6B-D-R 

2. PERMIT SUMMARY (cont'd) 

3) Reducing the monitoring frequency for BOD, TSS, settleable solids and E. coil 

bacteria based on a statistical analysis of compliance data for the previous four-year 

period. 

4) Incorporating mercury limitations into this permit that were originally established in a 

license modification issued by the Department on May 23, 2000, 

b. History: The most relevant licensing/permitting actions include the following: 

November• 21, 1988 - The U.S. Environmental Protection Agency (EPA) issued National 

Pollutant Discharge Elimination System (NPDES) permit #ME0101311 to the PIN for a 

five-year term. 

June 22, 1988 - The Department issued WDL #W002672-59-B-R to the PIN for a fiveyear term. 

March 29, 2000 - The Department issued WDL #W002672-5L-C-R to the PIN for a fiveyear term. 

May 23, 2000 — The Department issued a modification of the 3/29/00 WDL by 

establishing interim average and maximum concentration limits for total mercury along 

with a 2/Year monitoring requirement. 

January 26, 2006 - The EPA issued NPDES peintit #ME0101311 to the PIN for a fiveyear term. 

October 21, 2010 — The PIN submitted an application to the EPA for the renewal of 

NPDES permit. EPA deemed the application incomplete and requested additional 

information. 

February 15, 2011 — The EPA deemed the PIN application complete for processing after 

the PIN submitted the additional information requested by the EPA. 

October 5, 2012 — The Department received the PIN's NPDES application from the EPA. 

October 16, 2012 — The PIN submitted a complete application to the Department to 

renew WDL #W002672-5L-C-R issued by the Department on March 29, 2000. 
ME0101311 FACT SHEET Page 4 of 17 

W002672-6B-D-R 

3. CONDITIONS OF PERMITS 

Maine law, 38 M.RS.A. Section 414-A, requires that the effluent limitations prescribed for 

discharges, including, but not limited to, effluent toxicity, require application of best 

practicable treatment (BPT), be consistent with the U.S. Clean Water Act, and ensure that the 

receiving waters attain the State water quality standards as described in Maine's Surface 

Water Classification System. In addition, 38 M.R.S.A., Section 420 and Department rule 

06-096 CMR Chapter 530, Surface Water Toxics Control Program, require the regulation of 

toxic substances not to exceed levels set forth in Department rule 06-096 CMR Chapter 584, 

Surface Water Quality Criteria for Toxic Pollutants, and that ensure safe levels for the 

discharge of toxic pollutants such that existing and designated uses of surface waters are 

maintained and protected. 

4. RECEIVING WATER QUALITY STANDARDS 

Maine law, 38 M.R.S.A., Section 467(7)(A)(6) indicates the Penobscot River main stem, 

from the Maine Central Railroad bridge in Bangor to a line extended in an east-west direction 

from the confluence of Reeds Brook in Hampden, is classified as a Class B waterway. The 

Legislature finds that the free-flowing habitat of this river segment provides irreplaceable 

social and economic benefits and that this use must be maintained. Maine law, 38 M.R.S.A., 

Section 465(3) describes standards for classification of Class B waters as follows: 

Class B waters must be of such quality that they are suitable for the designated uses of 

drinking water supply after treatment; fishing; agriculture; recreation in and on the 

water; industrial process and cooling water supply; hydroelectric power generation, 

except as prohibited under Title 12, section 403; navigation; and as habitat for fish and 

other aquatic life. The habitat must be characterized as unimpaired. 

The dissolved oxygen content of Class B waters may not be less than 7 parts per million 

or 75% of saturation, whichever is higher, except that for the period from October 1st to 

May 14th, in order to ensure spawning and egg incubation of indigenous fish species, the 

7-day mean dissolved oxygen concentration may not be less than 9.5 parts per million 

and the 1-day minimum dissolved oxygen concentration may not be less than 8.0 parts 

per million in identified fish spawning areas. Between May 15th and September 30th, the 

number of Escherichia coli bacteria of human and domestic animal origin in these waters 

may not exceed a geometric mean of 64 per 100 milliliters or an instantaneous level of 

236 per 100 milliliters. In determining human and domestic animal origin, the 

department shall assess licensed and unlicensed sources using available diagnostic 

procedures. 

Discharges to Class B waters may not cause adverse impact to aquatic life in that the 

receiving waters must be of sufficient quality to support all aquatic species indigenous to 

the receiving water without detrimental changes in the resident biological community. 
ME0101311 FACT SHEET Page 5 of 17 

W002672-6B-D-R 

5. RECEIVING WATER CONDITIONS 

Table Category 5-D entitled, Rivers and Streams Impaired By Legacy Pollutants, in a 

document entitled, 2010 Maine Integrated Water Quality Report, [referred to as the "305(b) 

Report"] published by the Department states the designated use of fishing (consumption) is 

impaired in a 14-mile segment of the Penobscot River in the vicinity of the permittee's 

outfall due to the presence of PCBs in fish tissue. The Department is not aware of any 

information that indicates the discharge from the permittee is causing or contributing to the 

impairment. 

In addition, the 305b Report lists all freshwaters in Maine in Category 4-A: Rivers and 

Streams With Impaired Use, TMDL Completed. Impairment in this context refers to the 

designated use of recreational fishing due to elevated levels of mercury in some fish caused 

by atmospheric deposition. As a result, the State has established a fish consumption advisory 

for all freshwaters in Maine. The Report states that a regional scale TMDL has been 

approved. In addition, pursuant to Maine law, 38 M.R.S.A. §420(1-B)(B), "a facility is not in 

violation of the ambient criteria for mercury if the facility is in compliance with an interim 

discharge limit established by the Department pursuant to section 413 subsection 11." The 

Department has established interim monthly average and daily maximum mercury 

concentration limits for this facility. See the discussion on compliance in section 6(i) of this 

Fact Sheet. 

In the summers of 1997, 2001 and 2007, the Department conducted ambient water quality 

sampling on a 103-mile segment of the Penobscot River from Millinocket to Bucksport. 

Reports entitled, Penobscot River Modeling Report, Final, June 2000, Penobscot River Data 

Report May 2002, and Penobscot River Modeling Report Draft, March 2003, prepared by the 

Department, indicate there are sections of non-attainment of dissolved oxygen standards as a 

result of algal blooms in portions of the Class B sections of the rivers. These sections of river 

have experienced measured DO non-attainment at various locations during periods of low 

flow and high water temperature. Measured DO non-attainment is predominantly in the early 

morning hours in sections of river with significant diurnal dissolved oxygen (DO) swings. 

These significant diurnal DO swings are caused by nutrient enrichment and resulting plant 

growth. The Department has issued a report entitled, Penobscot River Phosphorus Waste 

Load Allocation, May 2011 stating seasonal mass based total phosphorus limitations are 

necessary for the four industrial dischargers on the river as well as monitoring for total 

phosphorus for five municipal waste water treatment facilities. The PIN facility was not 

named as a facility required to monitor for phosphorus. The specific eutrophication related 

responses that are targeted by the waste load allocation are not expected to persist into the 

tidally influenced portion of the Penobscot River. However, water quality improvements 

associated with the waste load allocation are expected to extend into the tidally influenced 

section of the river. The effectiveness of the nutrient load reductions will be assessed through 

routine ambient monitoring for total phosphorous, dissolved oxygen and biochemical oxygen 

demand. 
ME0101311 FACT SHEET Page 6 of 17 

W002672-6B-D-R 

5. RECEIVING WATER CONDITIONS (cont'd) 

If ambient water quality monitoring or future modeling determines that at full permitted 

discharge limits the permittee's discharge is causing or contributing to the non-attainment of 

standards, this permit will be re-opened per Special Condition K, Reopening of Permit For 

Modifications, to impose more stringent limitations to meet water quality standards. 

6. EFFLUENT LIMITATIONS & MONITORING REQUIREMENTS 

a. Flow: The previous permit established a monthly average flow limitation of 0.100 MGD 

and a daily maximum reporting requirement that are being carried forward in this 

permitting action and is considered to be representative of the monthly average design 

flow for the facility. 

A review of the monthly Discharge Monitoring Report (DMR) data for the period 

January 2009 — July 2012 indicates the permittee has reported values as follows: 

Flow (DMRs=43 

Value Limit (MGD) Range (MGD) Mean (MGD) 

Monthly average 0.100 0.041 — 0.094 0.057 

Daily maximum Report 0.065 — 0.172 0.093 

b. Dilution Factors: Dilution factors associated with the discharge from the PIN waste water 

treatment facility were derived in accordance with freshwater protocols established in 

Department Regulation Chapter 530, Surface Water Toxics Control Program, 

November 2005. With a monthly average treatment plant design flow of 0.100 MGD, 

dilution calculations are as follows: 

Acute: 1Q10 = 2,660 cfs(1) (2,660 cfs)(0.6464) + 0.100 MGD = 17,195:1 

0.100 MGD 

Modified Acute: '/4 1Q10 = 665 cfs= (665 cfs)(0.6464) + 0.100 MGD = 4,300:1 

0.100 MGD 

Chronic: 7Q10 = 3,129 cfs(1) (3,129 cfs)(0.6464) + 0.100 MGD = 20,227:1 

0.100 MGD 

Harmonic Mean = 8,313 cfs(2)= (8,313 cfs)(0.6464) + 0.100 MGD =53,736:1 

0.100 MGD 

(1) 7Q10 and 1Q10 critical low flow values were recalculated (lowered) in calendar year 

2003 during the Department's update of the water quality model for the Penobscot 

River. 

(2) Harmonic mean flow from 1991 study and drainage area ratio. 
ME0101311 FACT SHEET Page 7 of 17 

W002672-6B-D-R 

6. EFFLUENT LIMITATIONS & MONITORING REQUIREMENTS (cont'd) 

c. BOD5 & TSS - The previous permitting established technology based monthly and 

weekly average BOD5 and TSS best practicable treatment (BPT) concentration limits of 

30 mg/L and 45 mg/L respectively, that were based on secondary treatment requirements 

of the Clean Water Act of 1977 §301(b)(1)(B) as defined in 40 CFR 133.102 and 

Department rule Chapter 525(3)(111). The maximum daily BOD5 and TSS concentration 

limits of 50 mg/L were based on a Department best professional judgment of BPT. All 

three concentration limits are being carried forward in this permitting action. 

As for mass limitations, the previous permitting action established technology based 

monthly average and daily maximum limitations based on a monthly average limit of 

0.007 MGD that was in error. The permittee submitted an application to the EPA that 

indicated the dry weather design capacity of the treatment facility was in fact 0.10 MGD 

and not 0.07 MGD. Therefore, to correct the error in the mass limits for BOD and TSS, 

the Department has calculated technology based mass limits as follows; 

Monthly average: (0.100MGD)(8.34)(30 mg/L) = 25 lbs/day 

Weekly average: (0.100 MGD)(8.34)(45 mg/L) = 38 lbs/day 

Daily maximum: (0.100 MGD)(8.34)(50 mg/L) = 42 lbsiday 

A review of the monthly DMR data for the period January 2009 — July 2012 indicates 

values have been reported as follows; 

BOD Mass MRs=43 

Value Limit (lbs/day) Range (lbs/day) Average (lbs/day) 

Monthly Average 25 1.4 — 6.5 3.7 

Weekly Average 38 Not reported n/a 

Daily Maximum 42 2.1 — 9.3 4.7 

BOB Concentration DMRs=43 

Value Limit (mg/L) Range (mg/L) Average (mg/L) 

Monthly Average 30 4.6 — 12.8 7.3 

Weekly Average 45 4.8 — 14 9.1 

Daily Maximum 50 4.8 — 14 9.1 
ME0101311 FACT SHEET Page 8 of 17 

W002672-6B-D-R 

6. EFFLUENT LIMITATIONS & MONITORING REQUIREMENTS (eont'd) 

TSS mass MRs=43 

Value Limit (lbs/day) Range (lbs/day) Average (lbs/day) 

Monthly Average 25 0.3 — 3.8 1.7 

Weekly Average 38 Not reported n/a 

Daily Maximum 42 0.4 — 6,4 2.3 

TSS concentration (DMRs=43 

Value Limit (mg/L) Range (mg/L) Average (mgfL) 

Monthly Average 30 0.6 — 11.1 3.2 

Weekly Average 45 0.6 — 13.2 4.2 

Daily Maximum 50 0.6 — 13.2 4.2 

On April 19, 1996, the USEPA issued a guidance document entitled, "Interim Guidance 

for Performance Based Reductions of NPDES Permit Monitoring Frequencies" (USEPA 

1996) as the basis for determining reduced monitoring frequencies. The guidance 

document was issued to reduce unnecessary reporting while at the same time maintaining 

a high level of environmental protection for facilities that have a good compliance record 

and pollutant discharges at levels below permit requirements. Monitoring requirements 

are not considered effluent limitations under section 402(o) of the Clean Water Act and 

therefore, anti-backsliding prohibitions would not be triggered by reductions in 

monitoring frequencies 

The EPA Guidance indicates "...the basic premise underlying a performance-based 

reduction approach is that maintaining a low average discharge relative to the permit 

limits results in a low probability of the occurrence of a violation for a wide range of 

sampling frequencies." The monitoring frequency reductions in EPA's guidance were 

designed to maintain approximately the same level of reported violations as that 

experienced with the existing baseline sampling frequency in the permit. To establish 

baseline performance the long term average (LTA) discharge rate for each parameter is 

calculated using the most recent two-year data set of monthly average effluent data 

representative of current operating conditions. The LTA/permit limit ratio is calculated 

and then compared to the matrix in Table I of EPA's guidance to determine the potential 

monitoring frequency reduction. It is noted Table I of EPA's guidance was derived from 

a probability table that used an 80% effluent variability or coefficient of variation (cv). 

The permitting authority can take into consideration further reductions in the monitoring 

frequencies if the actual cv for the facility is significantly lower than the default 80% 

utilized by the EPA in Table I. 

In addition to the parameter-by-parameter performance history via the statistical 

evaluation cited above, the EPA recommends the permitting authority take into 

consideration the facility enforcement history and the parameter-by-parameter 

compliance history and factors specific to the State or facility. If the facility has already 

been given monitoring reductions due to superior performance, the baseline may be a 

previous permit. 
ME0101311 FACT SHEET Page 9 of 17 

W002672-6B-D-R 

6. EFFLUENT LIMITATIONS & MONITORING REQUIREMENTS (cont'd) 

Though EPA's 1996 Guidance recommends evaluation of the most current two-years of 

effluent data for a parameter, however, the Department is considering 43 months of data 

(January 2009 — July 2012). 

A review of the monitoring data for BOD and TSS indicates the ratios (expressed in 

percent) of the long term effluent average to the monthly average limits can be calculated 

as follows: 

BOD 

Long term average — 3.7 lbs/day 

Monthly average limit = 25 lbs/day 

Current monitoring frequency = 2/Month 

Ratio = 3.7 lbs/day = 15% 

25 lbs/day 

According to Table I of the EPA Guidance, a 2/Month monitoring requirement can be 

reduced to 1/Quarter. The Department is making a best professional judgment that a 

monitoring frequency of 1/Quarter is not sufficient to determine on-going compliance at 

the facility. However, the Department is willing to reduce the monitoring frequency for 

BOD to 1/Month in this permitting action. 

TSS 

Long term average = 1.7 lbs/day 

Monthly average limit = 25 lbs/day 

Current monitoring frequency = 2/Month 

Ratio = 1.7 lbs/day 7% 

25 lbs/day 

According to Table I of the EPA Guidance, a 2/Month monitoring requirement can be 

reduced to 1/Quarter. As with BOD, the Department is making a best professional 

judgment that a monitoring frequency of 1/Quarter is not sufficient to determine on-going 

compliance at the facility. However, the Department is willing to reduce the monitoring 

frequency for TSS to 1/Month in this permitting action. 
ME0101311 FACT SHEET Page 10 of 17 

W002672-6B-D-R 

6. EFFLUENT LIMITATIONS & MONITORING REQUIREMENTS (cont'd) 

This permitting action is carrying forward a requirement of 85% removal for BOD and 

TSS pursuant to Department rule Chapter 525(3)(III)(a&b)(3) except in the 

circumstances where the influent concentration is less than 200 mg/L. 

A review of the monthly Discharge Monitoring Report (DMR) data for the period 

December 2010 through July 2012 indicates values have been reported as follows; 

BOD % Removal (DMRs=19 

Value Limit (%) Range (%) Average (%) 

Monthly Average 85 90 — 97 94 

TSS % Removal MRs=19 

Value Limit (%) Range (%) Average (%) 

Monthly Average 85 89 - 99 95 

d. Settleable Solids - The previous permitting action established a technology based daily 

maximum limit of 0.3 milL and a monitoring frequency of 5/Week. The limit which is 

being carried forward in his permitting action was based on a Department best 

professional judgment of BPT and the monitoring frequency was based on Department 

policy for facilities with a monthly average flow limitation greater than 0.1 MGD but less 

than 0.5 MGD. 

A review of the monthly DMR data for the period January 2009 — July 2012 indicates 

values have been reported as follows; 

Settleable solids (DMRs=43 

Value Limit (ml/L) Range (ml/L) Average (ml/L) 

Daily Maximum 0.3 <0.1 - <0.1 0.05 

SS 

Long term average = 0.05 milL 

Monthly average limit = 0.3 ml/L 

Current monitoring frequency = 5/Week 

Ratio = 0.05 ml/L =17% 

0.3 ml/L 

According to Table I of the EPA Guidance, a 5/Week monitoring requirement can be 

reduced to 1/Week. Therefore, this permitting action is reducing the monitoring 

frequency from 5/Week to 1/Week. 
ME0101311 FACT SHEET Page 11 of 17 

W002672-6B-D-R 

6. EFFLUENT LIMITATIONS & MONITORING REQUIREMENTS (cont'd) 

e. E. coil bacteria: Maine's Water Classification Program found at 38 M.R.S.A. Article 4-A 

states that Escherichia ea bacteria (E. Coli) standards apply to freshwaters. Based on 

Maine law, 38 M.R.S.A., §465(3)(B) which relates to Class B waterways, the previous 

permitting action established a seasonal water quality based monthly average E. coil 

bacteria limits of 64 colonies per 100 milliliters (m1)(geometric mean) and a daily 

maximum (instantaneous) level of 427 colonies per 100 ml from May 15 — September 30. 

These limits are being carried forward from the previous permitting action. 

During calendar year 2005, Maine's Legislature approved a new daily maximum water 

quality standards of 236 colonies/100 ml for water bodies designated as Class B and 

Class C. The Department has determined that end-of-pipe limitations for the 

instantaneous concentration standard of 427 colonies/100 mL will be achieved through 

available dilution of the effluent with the receiving waters and need not be revised in 

MEPDES permits for facilities with adequate dilution such as is the case with the 

permittee's facility. The bacteria limits established in this permitting action are seasonal 

and apply between May 15 and September 30 of each year. The Department reserves the 

right to impose year-round bacteria limits, if necessary, to protect the health, safety and 

welfare of the public. 

A review of the monthly Discharge Monitoring Report (DMR) data for the period 

May 2009 through July 2012 indicates values have been reported as follows; 

E. tali bacteria DMRs=18 

Value Limit (col/100 ml) Range (col/100 ml) Mean (col/100 ml) 

Monthly Average 64 0 —16 3.6 

Daily Maximum 427 0-366 33 

E. coli bacteria 

Long term average = 3.6 col/100 ml 

Monthly average limit = 64 col/100 ml 

Current monitoring frequency = 2/Month 

Ratio = 3.6 co1/100 ml = 6% 

64 coU100 ml 

According to Table I of the EPA Guidance, a 2/Month monitoring requirement can be 

reduced to 1/Quarter. As with BOD and TSS, the Department is making a best 

professional judgment that a monitoring frequency of 1/Quarter is not sufficient to 

determine on-going compliance at the facility. However, the Department is willing to 

reduce the monitoring frequency for E. coil bacteria to 1/Month in this permitting action. 
ME0101311 FACT SHEET Page 12 of 17 

W002672-6B-D-R 

6. EFFLUENT LIMITATIONS & MONITORING REQUIREMENTS (cont'd) 

f. Total Residual Chlorine: Limits on total residual chlorine (TRC) are specified to ensure 

attainment of the in-stream water quality criteria for levels of chlorine and that BPT 

technology is utilized to abate the discharge of chlorine. Permits issued by this 

Department impose the more stringent of the calculated water quality based or BPT based 

limits. The previous permitting action established a daily maximum limit of 1.0 mg/L. 

With dilution factors as determined above, water quality based thresholds for TRC may 

be calculated as follows: 

Calculated 

Acute (A) Chronic (C) A & C Acute Chronic 

Criterion Criterion Dilution Factors Limit Limit 

0.019 mg/L 0.011 mg/L 4,300:1 (A) 82 mg/L 222 mg/L 

20,227:1 (C) 

The Department's BPT limitation of 1.0 mg/I is more stringent than the calculated water 

quality based limit. Therefore, the BPT limitation of 1.0 mg/1 is being imposed from 

May 15 — September 30 to correspond to seasonal disinfection requirements. 

A review of the monthly Discharge Monitoring Report (DMR) data for the period 

May 2009 through July 2012 indicates values have been reported as follows; 

Total residual chlorine MRs=18 

Value Limit (mg/L) Range (mg/L) Mean (mg/L) 

Daily Maximum 1.0 0,53 ---1.2 0.91 

EPA's Interim Guidance for Performance Based Reductions of NPDES Permit 

Monitoring Frequencies" (USEPA 1996) states that parameters that show any 

exceedance of a limit during the monitoring period would not be subject to monitoring 

reductions. The PIN facility has reported three exceedances of the TRC limit during the 

specified monitoring period. Therefore, the 1/Day monitoring frequency in the previous 

permit is being carried forward in this permitting action. 

g. 011— The previous permitting action established a technology based p1-1 range limitation 

of 6.0 — 9.0 standard units based on Department rule Chapter 525(3)(III)(c).The limit 

range is considered BPT. The monitoring frequency requirement of 1/Day is being 

carried forward from the previous permitting action. A review of the DMR data for the 

period January 2009 through July 2012- indicates the pH range limitation has never been 

exceeded. 
ME0101311 FACT SHEET Page 13 of 17 

W002672-6B-D-R 

6. EFFLUENT LIMITATIONS & MONITORING REQUIREMENTS (cont'd) 

h. Whole Effluent Toxicity (WET) and priority pollutant testing - Maine law, 38 M.R.S.A., 

Sections 414-A and 420, prohibit the discharge of effluents containing substances in 

amounts that would cause the surface waters of the State to contain toxic substances 

above levels set forth in Federal Water Quality Criteria as established by the USEPA. 

Department Rules, 06-096 CMR Chapter 530, Surface Water Toxics Control Program, 

and Chapter 584, Surface Water Quality Criteria for Toxic Pollutants set forth ambient 

water quality criteria (AWQC) for toxic pollutants and procedures necessary to control 

levels of toxic pollutants in surface waters. 

WET monitoring is required to assess and protect against impacts upon water quality and 

designated uses caused by the aggregate effect of the discharge on specific aquatic 

organisms. Acute and chronic WET tests are performed on invertebrate and vertebrate 

species. Priority pollutant and analytical chemistry testing is required to assess the levels 

of individual toxic pollutants in the discharge, comparing each pollutant to acute, chronic, 

and human health water quality criteria as established in Chapter 584. 

Chapter 530 establishes four categories of testing requirements based predominately on 

the chronic dilution factor. The categories are as follows: 

Level I — chronic dilution factor of <20:1. 

Level II — chronic dilution factor of >20:1 but <100:1, 

Level III — chronic dilution factor >100:1 but <500:1 or >500:1 and Q >1.0 MGD 

Level IV — chronic dilution >500:1 and Q <1.0 MGD 

Department rule Chapter 530 (2)(D) specifies the criteria to be used in determining the 

minimum monitoring frequency requirements for WET, priority pollutant and analytical 

chemistry testing. Based on the Chapter 530 criteria, the permittee's facility falls into the 

Level IV frequency category as the facility has a chronic dilution factor >500:1 and 

discharges <1.0 MGD. Chapter 530(2)(D)(1) specifies that routine surveillance and 

screening level testing requirements are as follows: 

Sereenini level testin 

Level WET Testing Priority pollutant 

testing 

Analytical chemistry 

IV 1 per year* 1 per year* 4 per year* 

Surveillance level testin 

Level WET Testing Priority pollutant 

testing 

Analytical chemistry 

IV 1 per year* None required* 1 per year* 
ME0101311 FACT SHEET Page 14 of 17 

W002672-6B-D-R 

6. EFFLUENT LIMITATIONS & MONITORING REQUIREMENTS (cont'd) 

Chapter 530(2)(D)(1) states: 

*These routine testing requirements for Level IV are waived, except that the 

Department shall require an individual discharger to conduct testing under the 

following conditions. 

(a) The discharger's permit application or information available to the Department 

indicate that toxic compounds may be present in toxic amounts; or 

(b) Previous testing conducted by the discharger or similar dischargers indicates 

that toxic compounds may be present in toxic amounts. 

The previous permit waived all WET, analytical chemistry and priority pollutant testing 

pursuant to 06-096 CMR Chapter 530, Surface Water Toxics Control Program. 

Based on the information available to date, the Department has made a best professional 

judgment determination to once again waive all surveillance and screening level testing 

for the permittee. Special Condition I, 06-096 CMR 530(D)(2)(4) Statement For 

Reduced/Waived Toxics Testing, of this permit requires the permittee to submit an annual 

certification indicating the discharge from the facility has not change changed 

substantially since the previous permitting action. However, should there be a substantial 

change in the characteristics of the discharge in the future, the Department may reopen 

this permit pursuant to Special Condition K, Reopening Of Permit For Modifications, to 

incorporate the applicable WET, priority pollutant and or analytical testing requirements 

cited above. 

i. Mercury — Pursuant to Certain deposits and discharges prohibited, 

Maine law, 38 M.R.S.A. § 420 and Waste discharge licenses, 38 M.R.S.A. § 413 and 

Interim Effluent Limitations and Controls for the Discharge of Mercury, 06-096 

CMR 519 (last amended October 6, 2001), the Department established a 2/Year 

monitoring frequency for total mercury. 

The Department notified the permittee that interim average and maximum limits for 

mercury were established as 7.2 ng/L and 10.9 ng/L respectively, which are being carried 

forward in this permitting action. Maine law 38 M.R.S.A., §420 1-B,(B)(1) states that a 

facility is not in violation of the AWQC for mercury if the facility is in compliance with 

an interim discharge limit established by the Department pursuant to section 413, 

subsection 11. A review of the Department's data base for the period October 1999 

through the present indicates the permittee has been in compliance with the interim limits 

for mercury as results have been reported as follows; 

Mercury n = 3 

Value Limit (ng/L) Range (ng/L) Mean (ng/L) 

Average 7.2 3.5 — 6.35 4.4 

Maximum 10.9 3.5 — 6.3 4.4 
ME0101311 FACT SHEET Page 15 of 17 

W002672-6B-D-R 

6. EFFLUENT LIMITATIONS & MONITORING REQUIREMENTS (cont'd) 

The review of the monitoring data for total and mercury indicates the ratios (expressed in 

percent) of the long term effluent average to the average limit can be calculated as 

follows: 

Mercury 

Long term average — 4.4 ng/L 

Average limit = 7.2 ng/L 

Current monitoring frequency 2/Year 

Ratio = 4.4 riga, = 61% 

7.2 ng/L 

Pursuant to Maine law 38, M.R.S.A. §420, sub-§1-B, IF, this permitting action is 

reducing the monitoring frequency from 2/Year to 1/Year. 

Total Phosphorus and Ortho-phosphorus — The previous permitting action established a 

seasonal (May — October) 1/Week monitoring and daily maximum concentration 

reporting requirement for total phosphorus and ortho-phosphorus. 

A review of the monthly Discharge Monitoring Report (DMR) data for the period 

May 2011 through July 2012 indicates values have been reported as follows; 

Total nhosnhorus MRs=8 

Value Limit (mg/L) Range (mg/L) Mean (mg/L) 

Daily Maximum Report 1.5 — 4.9 3.4 

Ortho- hos horns (DMRs=8 

Value Limit (mg/L) Range (mg/L) Mean (mg/L) 

Daily Maximum Report 1.4 — 4.9 3.2 

A Department report entitled, Penobscot River Phosphorus Waste Load Allocation, May 

2011 stating seasonal mass based total phosphorus limitations are necessary for four 

industrial dischargers on the river as well as monitoring for total phosphorus for five 

municipal waste water treatment facilities. The PIN facility was not named as a facility 

required to monitor for phosphorus. Therefore, this permitting action is eliminating the 

monitoring and reporting requirements for both total phosphorus and ortho-phosphorus. 
ME0101311 FACT SHEET Page 16 of 17 

W002672-6B-D-R 

7. ANTI-DEGREDATION - IMPACT ON RECEIVING WATER QUALITY 

Maine's anti-degradation policy is included in 38 M.R.S.A., Section 464(4)(F) and addressed 

in the Conclusions section of this permit. Pursuant to the policy, where a new or increased 

discharge is proposed, the Department shall determine whether the discharge will result in a 

significant lowering of existing water quality. Increased discharge means a discharge that 

would add one or more new pollutants to an existing effluent, increase existing levels of 

pollutants in an effluent, or cause an effluent to exceed one or more of its current licensed 

discharge flow or effluent limits, after the application of applicable best practicable treatment 

technology. 

This permitting action revises previously established mass limitations for BOD and TSS to 

correct an error in the calculation of the limits in the previous permit. The rationale for these 

actions is contained in Section 6(c) of this Fact Sheet. Based on the information provided in 

the referenced section, the Department has made the determination that the discharge 

approved by this permit will not result in a significant lowering of water quality. As 

permitted, the Department has determined the existing and designated water uses will be 

maintained and protected and the discharge will not cause or contribute to the failure of the 

Penobscot River to meet standards for Class B classification. 

8. PUBLIC COMMENTS 

Public notice of this application was made in the Bangor Daily newspaper on 

October 19, 2012. The Department receives public comments on an application until the date 

a final agency action is taken on that application. Those persons receiving copies of draft 

permits shall have at least 30 days in which to submit comments on the draft or request a 

public hearing, pursuant to Chapter 522 of the Department's rules. 

9. DEPARTMENT CONTACTS 

Additional information concerning this permitting action may be obtained from and written 

comments should be sent to: 

Gregg Wood 

Division of Water Quality Management 

Bureau of Land and Water Quality 

Department of Environmental Protection 

17 State House Station 

Augusta, Maine 04333-0017 

E-mail: gregg.wood@maine.gov 

Telephone (207) 287-7693 
ME0101311 FACT SHEET Page 17 of 17 

W002672-6B-D-R 

10. RESPONSE TO COMMENTS 

During the period October 24, 2012 through the issuance date of the permit, the Department 

solicited comments on the proposed draft permit for the permittee's facility. The Department 

did not receive comments from the permittee, state or federal agencies or interested parties 

that resulted in any substantive change(s) in the terms and conditions of the permit. 

Therefore, the Department has not prepared a Response to Comments. 
ATTACHMENT A 
Penobscot Indian 

Nation WIWI' 

Penobscot Indian Nation 

WWTP Discharge Outfail 
ATTACHMENT B 
STATE OF MAINE 

DEPARTMENT OF ENVIRONMENTAL PROTECTION 

CHAPTER 530.2(D)(4) CERTIFICATION 

PAUL R. LEPAGE PATRICIA W. AHO 

GOVERNOR 

MEPDES# Facility Name 

Commissioner 

Since the effective date of your permit, have there been; NO YES 

Describe in comments 

section 

1 Increases in the number, types, and flows of industrial, 

commercial, or domestic discharges to the facility that in the 

judgment of the Department may cause the receiving water to 

become toxic? 

❑ 

2 Changes in the condition or operations of the facility that may 

increase the toxicity of the discharge? 0 0 

3 Changes in storm water collection or inflow/infiltration 

affecting the facility that may increase the toxicity of the 

discharge? 

❑ 

4 Increases in the type or volume of hauled wastes accepted by 

the facility? • 

COMMENTS: 

Name (printed): 

Signature: Date: 

This document must be signed by the permittee or their legal representative. 

This form may be used to meet the requirements of Chapter 530.2(D)(4). This Chapter requires all 

dischargers having waived or reduced toxic testing to file a statement with the Department describing 

changes to the waste being contributed to their system as outlined above. As an alternative, the 

discharger may submit a signed letter containing the same information. 

Scheduled Toxicity Testing for the next calendar year 

Test Conducted rtQuarter 2ndQuarter 3rdQuarter 4thQuarter 

WET Testing ❑ ❑ ❑ ❑ 

Priority Pollutant Testing ❑ ❑ D ❑ 

Analytical Chemistry ❑ ❑ ❑ ❑ 

Other toxic parameters 1 o ❑ ❑ ❑ 

Please place an "X" in each of the boxes that apply to when you will be conducting any one of 

the three test types during the next calendar year. 

1 This only applies to parameters where testing is required at a rate less frequently than quarterly. 

AUG USTA 

17 STATE HOUSE STATION BANGOR PORTLAND PRESQUE ISLE 

AUGUSTA, MAINE 04333-0017 106 HOGAN ROAD, SUITE 6 312 CANCO ROAD 1235 CENTRAL DRIVE, SKYWAY PARK 

(20?) 287-7688 FAX: (207) 287-7826 BANGOR, MAINE 04401 PORTLAND, MAINE 04103 PRESQUE ISLE, MAINE 04769-2094 

RAY BLDG., HOSPITAL ST. (207) 941-4570 FAX: (207) 941-4584 (207) 822-6300 FAX: (207) 822-6303 (207) 764-0477 FAX: (207)760-3143 

web site: wv.-w.maine.goe/dep 
MAINE POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT 

STANDARD CONDITIONS APPLICABLE TO ALL PERMITS 

CONTENTS 

SECTION 

A 

TOPIC 

GENERAL PROVISIONS 

PAGE 

1 General compliance 2 

2 Other materials 2 

3 Duty to Comply 2 

4 Duty to provide information 2 

5 Permit actions 2 

6 Reopener clause 2 

7 Oil and hazardous substances 2 

8 Property rights 3 

9 Confidentiality 3 

10 Duty to reapply 3 

11 Other laws 3 

12 Inspection and entry 3 

B OPERATION AND MAINTENANCE OF FACILITIES 

1 General facility requirements 3 

2 Proper operation and maintenance 4 

3 Need to halt reduce not a defense 4 

4 Duty to mitigate 4 

5 Bypasses 4 

6 Upsets 5 

C MONITORING AND RECORDS 

1 General requirements 6 

2 Representative sampling 6 

3 Monitoring and records 6 

D REPORTING REQUIREMENTS 

1 Reporting requirements 7 

2 Signatory requirement 8 

3 Availability of reports 8 

4 Existing manufacturing, commercial, mining, and silvicultural dischargers 8 

5 Publicly owned treatment works 9 

E OTHER PROVISIONS 

Emergency action - power failure 9 

2 Spill prevention 10 

3 Removed substances 10 

4 Connection to municipal sewer 10 

F DEFINTIONS 10 

Revised July 1, 2002 Page 1 
MAINE POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT 

STANDARD CONDITIONS APPLICABLE TO ALL PERMITS 

A. GENERAL PROVISIONS 

1. General compliance. All discharges shall be consistent with the terms and conditions of this permit; 

any changes in production capacity or process modifications which result in changes in the quantity or the 

characteristics of the discharge must be authorized by an additional license or by modifications of this 

permit; it shall be a violation of the terms and conditions of this permit to discharge any pollutant not 

identified and authorized herein or to discharge in excess of the rates or quantities authorized herein or to 

violate any other conditions of this permit. 

2. Other materials. Other materials ordinarily produced or used in the operation of this facility, which 

have been specifically identified in the application, may be discharged at the maximum frequency and 

maximum level identified in the application, provided: 

(a) They are not 

(i) Designated as toxic or hazardous under the provisions of Sections 307 and 311, 

respectively, of the Federal Water Pollution Control Act; Title 38, Section 420, Maine 

Revised Statutes; or other applicable State Law; or 

(ii) Known to be hazardous or toxic by the licensee. 

(b) The discharge of such materials will not violate applicable water quality standards. 

3. Duty to comply. The permittee must comply with all conditions of this permit. Any permit 

noncompliance constitutes a violation of State law and 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. 

(a) The permittee shall comply with effluent standards or prohibitions established under section 

307(a) of the Clean Water Act, and 38 MRSA, §420 or Chapter 530.5 for toxic pollutants 

within the time provided in the regulations that establish these standards or prohibitions, even 

if the permit has not yet been modified to incorporate the requirement. 

(b) Any person who violates any provision of the laws administered by the Department, 

including without limitation, a violation of the terms of any order, rule license, permit, 

approval or decision of the Board or Commissioner is subject to the penalties set forth in 38 

MRSA, §349. 

4. Duty to provide information. The permittee shall furnish to the Department, within a reasonable 

time, any information which the Department may request to determine whether cause exists for 

modifying, revoking and reissuing, or terminating this permit or to determine compliance with this 

permit. The permittee shall also furnish to the Department upon request, copies of records required to be 

kept by this permit. 

5. Permit actions. This permit may be modified, revoked and reissued, or terminated for cause. 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 stay any permit condition. 

6. Reopener clause. The Department reserves the right to make appropriate revisions to this permit in 

order to establish any appropriate effluent limitations, schedule of compliance or other provisions which 

may be authorized under 38 MRSA, §414-A(5). 

Revised July 1, 2002 Page 2 
MAINE POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT 

STANDARD CONDITIONS APPLICABLE TO ALL PERMITS 

7. Oil and hazardous substances. Nothing in this permit shall be construed to preclude the institution 

of any legal action or relieve the permittee from any responsibilities, liabilities or penalties to which the 

permittee is or may be subject under section 311 of the Federal Clean Water Act; section 106 of the 

Federal Comprehensive Environmental Response, Compensation and Liability Act of 1980; or 38 MRSA 

§§ 1301, et. seq. 

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

privilege. 

9. Confidentiality of records. 38 MRSA §414(6) reads as follows. "Any records, reports or information 

obtained under this subchapter is available to the public, except that upon a showing satisfactory to the 

department by any person that any records, reports or information, or particular part or any record, report or 

information, other than the names and addresses of applicants, license applications, licenses, and effluent 

data, to which the department has access under this subchapter would, if made public, divulge methods or 

processes that are entitled to protection as trade secrets, these records, reports or information must be 

confidential and not available for public inspection or examination. Any records, reports or information may 

be disclosed to employees or authorized representatives of the State or the United States concerned with 

carrying out this subchapter or any applicable federal law, and to any party to a hearing held under this 

section on terms the commissioner may prescribe in order to protect these confidential records, reports and 

information, as long as this disclosure is material and relevant to any issue under consideration by the 

department." 

10. Duty to reapply. If the permittee wishes to continue an activity regulated by this permit after the 

expiration date of this permit, the permittee must apply for and obtain a new permit. 

11. Other laws. The issuance of this permit does not authorize any injury to persons or property or 

invasion of other property rights, nor does it relieve the permittee if its obligation to comply with other 

applicable Federal, State or local laws and regulations. 

12. Inspection and entry. The permittee shall allow the Department, or an authorized representative 

(including an authorized contractor acting as a representative of the EPA Administrator), upon 

presentation of credentials and other documents as may be required by law, to: 

(a) Enter upon the permittee's premises where a regulated facility or activity is located or 

conducted, or where records must be kept under the 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 (including monitoring and control 

equipment), practices, or operations regulated or required under this permit; and 

(d) Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as 

otherwise authorized by the Clean Water Act, any substances or parameters at any location. 

B. OPERATION AND MAINTENACE OF FACILITIES 

1. General facility requirements. 

(a) The permittee shall collect all waste flows designated by the Department as requiring 

treatment and discharge them into an approved waste treatment facility in such a manner as to 

Revised July 1, 2002 Page 3 
MAINE POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT 

STANDARD CONDITIONS APPLICABLE TO ALL PERMITS 

maximize removal of pollutants unless authorization to the contrary is obtained from the 

Department. 

(b) The permittee shall at all times maintain in good working order and operate at maximum 

efficiency all waste water collection, treatment and/or control facilities. 

(c) All necessary waste treatment facilities will be installed and operational prior to the discharge 

of any wastewaters. 

(d) Final plans and specifications must be submitted to the Department for review prior to the 

construction or modification of any treatment facilities. 

(e) The permittee shall install flow measuring facilities of a design approved by the Department. 

(f) The permittee must provide an outfall of a design approved by the Department which is 

placed in the receiving waters in such a manner that the maximum mixing and dispersion of 

the wastewaters will be achieved as rapidly as possible. 

2. Proper 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 or used by 

the permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance 

also includes adequate laboratory controls and appropriate quality assurance procedures. This provision 

requires the operation of back-up or auxiliary facilities or similar systems which are installed by a 

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

3. Need to halt or reduce activity not a defense. 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. 

4. Duty to mitigate. The permittee shall take all reasonable steps to minimize or prevent any discharge 

or sludge use or disposal in violation of this permit which has a reasonable likelihood of adversely 

affecting human health or the environment. 

5. Bypasses. 

(a) Definitions. 

(i) Bypass means the intentional diversion of waste streams from any portion of a treatment 

facility. 

(ii) Severe property damage means substantial physical damage to property, damage to the 

treatment facilities which causes 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. Severe property damage does not mean economic loss caused by 

delays in production. 

(b) Bypass not exceeding limitations. The permittee may allow any bypass to occur which does 

not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to 

assure efficient operation. These bypasses are not subject to the provisions of paragraphs (c) 

and (d) of this section. 

(c) Notice. 

(i) Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall 

submit prior notice, if possible at least ten days before the date of the bypass. 

Revised July I, 2002 Page 4 
MAINE POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT 

STANDARD CONDITIONS APPLICABLE TO ALL PERMITS 

(ii) Unanticipated bypass. The permittee shall submit notice of an unanticipated bypass as 

required in paragraph D(1)(0, below. (24-hour notice). 

(d) Prohibition of bypass. 

(i) Bypass is prohibited, and the Department may take enforcement action against a 

permittee for bypass, unless: 

(A) Bypass was unavoidable to prevent loss of life, personal injury, or severe property 

damage; 

(B) 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 back-up 

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 

(C) The permittee submitted notices as required under paragraph (c) of this section. 

(ii) The Department may approve an anticipated bypass, after considering its adverse effects, 

if the Department determines that it will meet the three conditions listed above in 

paragraph (d)(i) of this section. 

6. Upsets. 

(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 to an action brought for 

noncompliance with such technology based permit effluent limitations if the requirements of 

paragraph (e) of this section 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 a demonstration of 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: 

(i) An upset occurred and that the permittee can identify the cause(s) of the upset; 

(ii) The permitted facility was at the time being properly operated; and 

(iii) The permittee submitted notice of the upset as required in paragraph D(1)(f) , below. (24 

hour notice). 

(iv) The permittee complied with any remedial measures required under paragraph B(4). 

(d) Burden of proof. In any enforcement proceeding the permittee seeking to establish the 

occurrence of an upset has the burden of proof. 

Revised July 1, 2002 Page 5 
MAINE POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT 

STANDARD CONDITIONS APPLICABLE TO ALL PERMITS 

C. MONITORING AND RECORDS 

1. General Requirements. This permit shall be subject to such monitoring requirements as may be 

reasonably required by the Department including the installation, use and maintenance of monitoring 

equipment or methods (including, where appropriate, biological monitoring methods). The permittee 

shall provide the Department with periodic reports on the proper Department reporting form of 

monitoring results obtained pursuant to the monitoring requirements contained herein. 

2. Representative sampling. Samples and measurements taken as required herein shall be representative 

of the volume and nature of the monitored discharge. If effluent limitations are based wholly or partially 

on quantities of a product processed, the permittee shall ensure samples are representative of times when 

production is taking place. Where discharge monitoring is required when production is less than 50%, the 

resulting data shall be reported as a daily measurement but not included in computation of averages, 

unless specifically authorized by the Department. 

3. Monitoring and records. 

(a) Samples and measurements taken for the purpose of monitoring shall be representative of the 

monitored activity. 

(b) Except for records of monitoring information required by this permit related to the permittee's 

sewage sludge use and disposal activities, which shall be retained for a period of at least five 

years, the permittee shall retain records of all monitoring information, including all 

calibration and maintenance records and all original strip chart 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, for a period of at least 3 years from the 

date of the sample, measurement, report or application. This period may be extended by 

request of the Department at any time. 

(c) Records of monitoring information shall include: 

(i) The date, exact place, and time of sampling or measurements; 

(ii) The individual(s) who performed the sampling or measurements; 

(iii)The date(s) analyses were performed; 

(iv) The individual(s) who performed the analyses; 

(v) The analytical techniques or methods used; and 

(vi) The results of such analyses. 

(d) Monitoring results must be conducted according to test procedures approved under 40 CFR 

part 136, unless other test procedures have been specified in the permit. 

(e) State law provides that any person who tampers with or renders inaccurate any monitoring 

devices or method required by any provision of law, or any order, rule license, permit 

approval or decision is subject to the penalties set forth in 38 MRSA, §349. 

Revised July 1, 2002 Page 6 
MAINE POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT 

STANDARD CONDITIONS APPLICABLE TO ALL PERMITS 

D. REPORTING REQUIREMENTS 

I. Reporting requirements. 

(a) Planned changes. The permittee shall give notice to the Department as soon as possible of 

any planned physical alterations or additions to the permitted facility. Notice is required only 

when: 

(i) The alteration or addition to a permitted facility may meet one of the criteria for 

determining whether a facility is a new source in 40 CFR 122.29(b); or 

(ii) The alteration or addition could significantly change the nature or increase the quantity of 

pollutants discharged. This notification applies to pollutants which are subject neither to 

effluent limitations in the permit, nor to notification requirements under Section D(4). 

(iii) The alteration or addition results in a significant change in the permittee's sludge use or 

disposal practices, and such alteration, addition, or change may justify the application of 

permit conditions that are different from or absent in the existing permit, including 

notification of additional use or disposal sites not reported during the permit application 

process or not reported pursuant to an approved land application plan; 

(b) Anticipated noncompliance. The permittee shall give advance notice to the Department of 

any planned changes in the permitted facility or activity which may result in noncompliance 

with permit requirements. 

(c) Transfers, This permit is not transferable to any person except upon application to and 

approval of the Department pursuant to 38 MRSA, § 344 and Chapters 2 and 522. 

(d) Monitoring reports. Monitoring results shall be reported at the intervals specified elsewhere 

in this permit. 

(i) Monitoring results must be reported on a Discharge Monitoring Report (DMR) or forms 

provided or specified by the Department for reporting results of monitoring of sludge use 

or disposal practices. 

(ii) If the permittee monitors any pollutant more frequently than required by the permit using 

test procedures approved under 40 CFR part 136 or as specified in the permit, the results 

of this monitoring shall be included in the calculation and reporting of the data submitted 

in the DMR or sludge reporting form specified by the Department. 

(iii) Calculations for all limitations which require averaging of measurements shall utilize an 

arithmetic mean unless otherwise specified by the Department in the permit. 

(e) 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. 

(t) Twenty-four hour reporting. 

(i) The permittee shall report any noncompliance which may endanger health or the 

environment. Any information shall be provided orally within 24 hours from the time the 

permittee becomes aware of the circumstances. A written submission shall also be 

provided within 5 days of the time the permittee becomes aware of the circumstances. 

The written submission shall contain a description of the noncompliance and its cause; 

the period of noncompliance, including exact dates and times, and if the noncompliance 

Revised July 1, 2002 Page 7 
MAINE POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT 

STANDARD CONDITIONS APPLICABLE TO ALL PERMITS 

has not been corrected, the anticipated time it is expected to continue; and steps taken or 

planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. 

(ii) The following shall be included as information which must be reported within 24 hours 

under this paragraph. 

(A) Any unanticipated bypass which exceeds any effluent limitation in the permit. 

(B) Any upset which exceeds any effluent limitation in the permit. 

(C) Violation of a maximum daily discharge limitation for any of the pollutants listed by 

the Department in the permit to be reported within 24 hours. 

(iii) The Department may waive the written report on a case-by-case basis for reports under 

paragraph (f)(ii) of this section if the oral report has been received within 24 hours. 

(g) Other noncompliance. The permittee shall report all instances of noncompliance not reported 

under paragraphs (d), (e), and (f) of this section, at the time monitoring reports are submitted. 

The reports shall contain the information listed in paragraph (f) of this section. 

(h) Other information. Where the permittee becomes aware that it failed to submit any relevant 

facts in a permit application, or submitted incorrect information in a permit application or in 

any report to the Department, it shall promptly submit such facts or information. 

2. Signatory requirement. All applications, reports, or information submitted to the Department shall 

be signed and certified as required by Chapter 521, Section 5 of the Department's rules. State law 

provides that any person who knowingly makes any false statement, representation or certification in any 

application, record, report, plan or other document filed or required to be maintained by any order, rule, 

permit, approval or decision of the Board or Commissioner is subject to the penalties set forth in 38 

MRSA, §349. 

3. Availability of reports. Except for data determined to be confidential under A(9), above, all reports 

prepared in accordance with the terms of this permit shall be available for public inspection at the offices 

of the Department. As required by State law, effluent data shall not be considered confidential. 

Knowingly making any false statement on any such report may result in the imposition of criminal 

sanctions as provided by law. 

4. Existing manufacturing, commercial, mining, and silvicultural dischargers. In addition to the 

reporting requirements under this Section, all existing manufacturing, commercial, mining, and 

silvicultural dischargers must notify the Department as soon as they know or have reason to believe: 

(a) That any activity has occurred or will occur which would result in the discharge, on a routine 

or frequent basis, of any toxic pollutant which is not limited in the permit, if that discharge 

will exceed the highest of the following "notification levels": 

(i) One hundred micrograms per liter (100 ug/l); 

(ii) Two hundred micrograms per liter (200 ug/l) for acrolein and acrylonitrile; five hundred 

micrograms per liter (500 ug/i) for 2,4-dinitrophenol and for 2-methyl-4,6-dinitrophenol; 

and one milligram per liter (1 mg/1) for antimony; 

(iii)Five (5) times the maximum concentration value reported for that pollutant in the permit 

application in accordance with Chapter 521 Section 4(g)(7); or 

(iv) The level established by the Department in accordance with Chapter 523 Section 5(f). 

Revised July 1, 2002 Page 8 
MAINE POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT 

STANDARD CONDITIONS APPLICABLE TO ALL PERMITS 

(b) That any activity has occurred or will occur which would result in any discharge, on a nonroutine or infrequent basis, of a toxic pollutant which is not limited in the permit, if that 

discharge will exceed the highest of the following "notification levels": 

(i) Five hundred micrograms per liter (500 ug/1); 

(ii) One milligram per liter (1 mg/I) for antimony; 

(iii) Ten (10) times the maximum concentration value reported for that pollutant in the permit 

application in accordance with Chapter 521 Section 4(g)(7); or 

(iv) The level established by the Department in accordance with Chapter 523 Section 5(1). 

5. Publicly owned treatment works. 

(a) All POTWs must provide adequate notice to the Department of the following: 

(i) Any new introduction of pollutants into the POTW from an indirect discharger which 

would be subject to section 301 or 306 of CWA or Chapter 528 if it were directly 

discharging those pollutants. 

(ii) Any substantial change in the volume or character of pollutants being introduced into that 

POTW by a source introducing pollutants into the POTW at the time of issuance of the 

permit. 

(iii) For purposes of this paragraph, adequate notice shall include information on (A) the 

quality and quantity of effluent introduced into the POTW, and (B) any anticipated 

impact of the change on the quantity or quality of effluent to be discharged from the 

POTW. 

(b) When the effluent discharged by a POTW for a period of three consecutive months exceeds 

80 percent of the permitted flow, the permittee shall submit to the Department a projection of 

loadings up to the time when the design capacity of the treatment facility will be reached, and 

a program for maintaining satisfactory treatment levels consistent with approved water 

quality management plans. 

E. OTHER REQUIREMENTS 

1. Emergency action - power failure. Within thirty days after the effective date of this permit, the 

permittee shall notify the Department of facilities and plans to be used in the event the primary source of 

power to its wastewater pumping and treatment facilities fails as follows. 

(a) For municipal sources. During power failure, all wastewaters which are normally treated 

shall receive a minimum of primary treatment and disinfection. Unless otherwise approved, 

alternate power supplies shall be provided for pumping stations and treatment facilities. Alternate 

power supplies shall be on-site generating units or an outside power source which is separate and 

independent from sources used for normal operation of the wastewater facilities. 

(b) For industrial and commercial sources. The permittee shall either maintain an alternative 

power source sufficient to operate the wastewater pumping and treatment facilities or halt, reduce 

or otherwise control production and or all discharges upon reduction or loss of power to the 

wastewater pumping or treatment facilities. 

Revised July 1, 2002 Page 9 
MAINE POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT 

STANDARD CONDITIONS APPLICABLE TO ALL PERMITS 

2. Spill prevention. (applicable only to industrial sources) Within six months of the effective date of 

this permit, the pennittee shall submit to the Department for review and approval, with or without 

conditions, a spill prevention plan. The plan shall delineate methods and measures to be taken to prevent 

and or contain any spills of pulp, chemicals, oils or other contaminates and shall specify means of 

disposal and or treatment to be used. 

3. Removed substances. Solids, sludges trash rack cleanings, filter backwash, or other pollutants 

removed from or resulting from the treatment or control of waste waters shall be disposed of in a manner 

approved by the Department. 

4. Connection to municipal sewer. (applicable only to industrial and commercial sources) All 

wastewaters designated by the Department as treatable in a municipal treatment system will be cosigned 

to that system when it is available. This permit will expire 90 days after the municipal treatment facility 

becomes available, unless this time is extended by the Department in writing. 

F. DEFINITIONS. For the purposes of this permit, the following definitions shall apply. Other 

definitions applicable to this permit may be found in Chapters 520 through 529 of the Department's rules 

Average means the arithmetic mean of values taken at the frequency required for each parameter over the 

specified period. For bacteria, the average shall be the geometric mean. 

Average monthly discharge limitation means the highest allowable average of daily discharges over a 

calendar month, calculated as the sum of all daily discharges measured during a calendar month divided 

by the number of daily discharges measured during that month. Except, however, bacteriological tests 

may be calculated as a geometric mean. 

Average weekly discharge limitation means the highest allowable average of daily discharges over a 

calendar week, calculated as the sum of all daily discharges measured during a calendar week divided by 

the number of daily discharges measured during that week. 

Best management practices ("BMPs") means schedules of activities, prohibitions of practices, 

maintenance procedures, and other management practices to prevent or reduce the pollution of waters of 

the State. BMPs also include treatment requirements, operating procedures, and practices to control plant 

site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage. 

Composite sample means a sample consisting of a minimum of eight grab samples collected at equal 

intervals during a 24 hour period (or a lesser period as specified in the section on monitoring and 

reporting) and combined proportional to the flow over that same time period. 

Continuous discharge means a discharge which occurs without interruption throughout the operating 

hours of the facility, except for infrequent shutdowns for maintenance, process changes, or other similar 

activities. 

Daily discharge means the discharge of a pollutant measured during a calendar day or any 24-hour period 

that reasonably represents the calendar day for purposes of sampling. For pollutants with limitations 

expressed in units of mass, the daily discharge is calculated as the total mass of the pollutant discharged 

over the day. For pollutants with limitations expressed in other units of measurement, the daily discharge 

is calculated as the average measurement of the pollutant over the day. 

Revised July 1, 2002 Page 10 
MAINE POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT 

STANDARD CONDITIONS APPLICABLE TO ALL PERMITS 

Discharge Monitoring Report ("DMR") means the EPA uniform national form, including any 

subsequent additions, revisions, or modifications for the reporting of self-monitoring results by 

permittees. DMRs must be used by approved States as well as by EPA. EPA will supply DMRs to any 

approved State upon request. The EPA national forms may be modified to substitute the State Agency 

name, address, logo, and other similar information, as appropriate, in place of EPA's. 

Flow weighted composite sample means a composite sample consisting of a mixture of aliquots 

collected at a constant time interval, where the volume of each aliquot is proportional to the flow rate of 

the discharge. 

Grab sample means an individual sample collected in a period of less than 15 minutes. 

Interference means a Discharge which, alone or in conjunction with a discharge or discharges from other 

sources, both: 

(1) Inhibits or disrupts the POTW, its treatment processes or operations, or its sludge processes, 

use or disposal; and 

(2) Therefore is a cause of a violation of any requirement of the POTW's NPDES permit 

(including an increase in the magnitude or duration of a violation) or of the prevention of 

sewage sludge use or disposal in compliance with the following statutory provisions and 

regulations or permits issued thereunder (or more stringent State or local regulations): Section 

405 of the Clean Water Act, the Solid Waste Disposal Act (SWDA) (including title II, more 

commonly referred to as the Resource Conservation and Recovery Act (RCRA), and 

including State regulations contained in any State sludge management plan prepared pursuant 

to subtitle D of the SWDA), the Clean Air Act, the Toxic Substances Control Act, and the 

Marine Protection, Research and Sanctuaries Act. 

Maximum daily discharge limitation means the highest allowable daily discharge. 

New source means any building, structure, facility, or installation from which there is or may be a 

discharge of pollutants, the construction of which commenced: 

(a) After promulgation of standards of performance under section 306 of CWA which are 

applicable to such source, or 

(b) After proposal of standards of performance in accordance with section 306 of CWA 

which are applicable to such source, but only if the standards are promulgated in accordance 

with section 306 within 120 days of their proposal. 

Pass through means a discharge which exits the POTW into waters of the State in quantities or 

concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a 

cause of a violation of any requirement of the POTW's NPDES permit (including an increase in the 

magnitude or duration of a violation). 

Permit means an authorization, license, or equivalent control document issued by EPA or an approved 

State to implement the requirements of 40 CFR parts 122, 123 and 124. Permit includes an NPDES 

general permit (Chapter 529). Permit does not include any permit which has not yet been the subject of 

final agency action, such as a draft permit or a proposed permit. 

Person means an individual, firm, corporation, municipality, quasi-municipal corporation, state agency, 

federal agency or other legal entity. 

Revised July 1, 2002 Page 11 
MAINE POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT 

STANDARD CONDITIONS APPLICABLE TO ALL PERMITS 

Point source means any discernible, confined and discrete conveyance, including, but not limited to, any 

pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal 

feeding operation or vessel or other floating craft, from which pollutants are or may be discharged. 

Pollutant means dredged spoil, solid waste, junk, incinerator residue, sewage, refuse, effluent, garbage, 

sewage sludge, munitions, chemicals, biological or radiological materials, oil, petroleum products or 

byproducts, heat, wrecked or discarded equipment, rock, sand, dirt and industrial, municipal, domestic, 

commercial or agricultural wastes of any kind. 

Process wastewater means any water which, during manufacturing or processing, comes into direct 

contact with or results from the production or use of any raw material, intermediate product, finished 

product, byproduct, or waste product. 

Publicly owned treatment works ("POTW") means any facility for the treatment of pollutants owned 

by the State or any political subdivision thereof, any municipality, district, quasi-municipal corporation or 

other public entity. 

Septage means, for the purposes of this permit, any waste, refuse, effluent sludge or other material 

removed from a septic tank, cesspool, vault privy or similar source which concentrates wastes or to which 

chemicals have been added. Septage does not include wastes from a holding tank. 

Time weighted composite means a composite sample consisting of a mixture of equal volume aliquots 

collected over a constant time interval. 

Toxic pollutant includes any pollutant listed as toxic under section 307(a)(1) or, in the case of sludge use 

or disposal practices, any pollutant identified in regulations implementing section 405(d) of the CWA. 

Toxic pollutant also includes those substances or combination of substances, including disease causing 

agents, which after discharge or upon exposure, ingestion, inhalation or assimilation into any organism, 

including humans either directly through the environment or indirectly through ingestion through food 

chains, will, on the basis of information available to the board either alone or in combination with other 

substances already in the receiving waters or the discharge, cause death, disease, abnormalities, cancer, 

genetic mutations, physiological malfunctions, including malfunctions in reproduction, or physical 

deformations in such organism or their offspring. 

Wetlands means those areas that are inundated or saturated by surface or ground water at a frequency and 

duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation 

typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, 

and similar areas. 

Whole effluent toxicity means the aggregate toxic effect of an effluent measured directly by a toxicity 

test. 

Revised July 1, 2002 Page 12 
041R01444. f,- 4 - --- 4e 

DEP INFORMATION SHEET 

Appealing a Department Licensing Decision 

Dated: March 2012 Contact: (207) 287-2811 

yo 

PlitE (IF 01%` 

SUMMARY 

There are two methods available to an aggrieved person seeking to appeal a licensing decision made by the 

Department of Environmental Protection's ("DEP") Commissioner: (1) in an administrative process before the 

Board of Environmental Protection ("Board"); or (2) in a judicial process before Maine's Superior Court. An 

aggrieved person seeking review of a licensing decision over which the Board had original jurisdiction may 

seek judicial review in Maine's Superior Court. 

A judicial appeal of final action by the Commissioner or the Board regarding an application for an expedited 

wind energy development (35-A M.R.S.A. § 3451(4)) or a general permit for an offshore wind energy 

demonstration project (38 M.R.S.A. § 480-HH(1) or a general permit for a tidal energy demonstration project 

(38 M.R.S.A. § 636-A) must be taken to the Supreme Judicial Court sitting as the Law Court. 

This INFORMATION SHEET, in conjunction with a review of the statutory and regulatory provisions referred to 

herein, can help a person to understand his or her rights and obligations in filing an administrative or judicial 

appeal. 

I. ADMINISTRATIVE APPEALS TO THE BOARD 

LEGAL REFERENCES 

The laws concerning the DEP's Organization and Powers, 38 M.R.S.A. §§ 341-D(4) & 346, the Maine 

Administrative Procedure Act, 5 M.R.S.A. § 11001, and the DEP's Rules Concerning the Processing of 

Applications and Other Administrative Matters ("Chapter 2"), 06-096 CMR 2 (April 1, 2003). 

How LONG YOU HAVE TO SUBMIT AN APPEAL TO THE BOARD 

The Board must receive a written appeal within 30 days of the date on which the Commissioner's decision 

was filed with the Board. Appeals filed after 30 calendar days of the date on which the Commissioner's 

decision was filed with the Board will be rejected. 

How TO SUBMIT AN APPEAL TO THE BOARD 

Signed original appeal documents must be sent to: Chair, Board of Environmental Protection, c/o 

Department of Environmental Protection, 17 State House Station, Augusta, ME 04333-0017; faxes are 

acceptable for purposes of meeting the deadline when followed by the Board's receipt of mailed original 

documents within five (5) working days. Receipt on a particular day must be by 5:00 PM at DEP's offices 

in Augusta; materials received after 5:00 PM are not considered received until the following day. The 

person appealing a licensing decision must also send the DEP's Commissioner a copy of the appeal 

documents and if the person appealing is not the applicant in the license proceeding at issue the applicant 

must also be sent a copy of the appeal documents. All of the information listed in the next section must he 

submitted at the time the appeal is filed. Only the extraordinary circumstances described at the end of that 

section will justify evidence not in the DEP's record at the time of decision being added to the record for 

consideration by the Board as part of an appeal. 

WHAT YOUR APPEAL PAPERWORK MUST CONTAIN 

Appeal materials must contain the following information at the time submitted: 

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Appealing a Commissioner's Licensing Decision 

March 2012 

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1. Aggrieved Status. The appeal must explain how the person filing the appeal has standing to maintain 

an appeal. This requires an explanation of how the person filing the appeal may suffer a particularized 

injury as a result of the Commissioner's decision. 

2. The findings, conclusions or conditions objected to or believed to be in error. Specific references and 

facts regarding the appellant's issues with the decision must be provided in the notice of appeal. 

3. The basis of the objections or challenge. If possible, specific regulations, statutes or other facts should 

be referenced. This may include citing omissions of relevant requirements, and errors believed to have 

been made in interpretations, conclusions, and relevant requirements. 

4. The remedy sought. This can range from reversal of the Commissioner's decision on the license or 

permit to changes in specific permit conditions. 

5. All the matters to be contested. The Board will limit its consideration to those arguments specifically 

raised in the written notice of appeal. 

6. Request for hearing. The Board will hear presentations on appeals at its regularly scheduled meetings, 

unless a public hearing on the appeal is requested and granted. A request for public hearing on an 

appeal must be filed as part of the notice of appeal. 

7. New or additional evidence to be offered. The Board may allow new or additional evidence, referred to 

as supplemental evidence, to be considered by the Board in an appeal only when the evidence is 

relevant and material and that the person seeking to add information to the record can show due 

diligence in bringing the evidence to the DEP's attention at the earliest possible time in the licensing 

process or that the evidence itself is newly discovered and could not have been presented earlier in the 

process. Specific requirements for additional evidence are found in Chapter 2. 

OTHER CONSIDERATIONS IN APPEALING A DECISION TO THE BOARD 

1, Be familiar with all relevant material in the DEP record. A license application file is public 

information, subject to any applicable statutory exceptions, made easily accessible by DEP. Upon 

request, the DEP will make the material available during normal working hours, provide space to 

review the file, and provide opportunity for photocopying materials. There is a charge for copies or 

copying services. 

2. Be familiar with the regulations and laws under which the application was processed, and the 

procedural rules governing your appeal. DEP staff will provide this information on request and 

answer questions regarding applicable requirements. 

3. The filing of an appeal does not operate as a stay to any decision. If a license has been granted and it 

has been appealed the license normally remains in effect pending the processing of the appeal. A 

license holder may proceed with a project pending the outcome of an appeal but the license holder runs 

the risk of the decision being reversed or modified as a result of the appeal. 

WHAT TO EXPECT ONCE YOU FILE A TIMELY APPEAL WITH THE BOARD 

The Board will formally acknowledge receipt of an appeal, including the name of the DEP project manager 

assigned to the specific appeal. The notice of appeal, any materials accepted by the Board Chair as 

supplementary evidence, and any materials submitted in response to the appeal will be sent to Board 

members with a recommendation from DEP staff. Persons filing appeals and interested persons are notified 

in advance of the date set for Board consideration of an appeal or request for public hearing. With or 

without holding a public hearing, the Board may affirm, amend, or reverse a Commissioner decision or 

remand the matter to the Commissioner for further proceedings. The Board will notify the appellant, a 

license holder, and interested persons of its decision. 

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Appealing a Commissioner's Licensing Decision 

March 2012 

Page 3 of 3 

IL JUDICIAL APPEALS 

Maine law generally allows aggrieved persons to appeal final Commissioner or Board licensing decisions to 

Maine's Superior Court, see 38 M.R.S.A. § 346(1); 06-096 CMR 2; 5 M.R.S.A. § 11001; & M.R. Civ, P 

80C. A party's appeal must be filed with the Superior Court within 30 days of receipt of notice of the 

Board's or the Commissioner's decision. For any other person, an appeal must be filed within 40 days of 

the date the decision was rendered. Failure to file a timely appeal will result in the Board's or the 

Commissioner's decision becoming final. 

An appeal to court of a license decision regarding an expedited wind energy development, a general permit 

for an offshore wind energy demonstration project, or a general permit for a tidal energy demonstration 

project may only be taken directly to the Maine Supreme Judicial Court. See 38 M.R.S.A. § 346(4). 

Maine's Administrative Procedure Act, DEP statutes governing a particular matter, and the Maine Rules of 

Civil Procedure must be consulted for the substantive and procedural details applicable to judicial appeals. 

ADDITIONAL INFORMATION 

If you have questions or need additional information on the appeal process, for administrative appeals contact 

the Board's Executive Analyst at (207) 287-2452 or for judicial appeals contact the court clerk's office in 

which your appeal will be filed. 

Note: The DEP provides this INFORMATION SHEET for general guidance only; it is not intended for use 

as a legal reference. Maine law governs an appellant's rights. 

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