STATE OF MAINE 

DEPARTMENT OF ENVIRONMENTAL PROTECTION ~\\"j,'l\JO~~l.t.?, f:, '.' "·.,, -~: :.·~>:~~ 

~~7'1J • SJ-.1lF OF .,i_~\ • 

AVERYT. DAY 

ACTING COMMISSIONER 

PAUL R. LEPAGE 	

GOVERNOR 	

October 16, 2015 

Ms. Angela Cote 


Town Administrative Assistant 


Town of East Millinocket 


53 Main Street 


East Millinocket, ME. 04430 


e-mail: acote@myfairooint.net 


RE: 	 Maine Pollutant Discharge Elimination System (MEPDES) Permit #MEOOOOl 75 


Maine Waste Discharge License (WDL) #W002228-5N-J-T 


Final Permit 

Dear Ms. Cote: 

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

approved by the Depaiiment ofEnvironmental 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." 


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

Sincerely, 

~.LJDQ Gregg Wood 


Division of Water Quality Management 


Bureau ofWater Quality 


Enc. 

cc: 	 Tanya Hovell, DEP/EMRO Susanne Miller, DEP/EMRO 


Sandy Mojica, USEPA Olga Vergara, USEP A Marelyn Vega, USEP A 


AUGUSTA BANGOR POll'l'LAND PRESQUE ISI,E 

17 STATE IIOUSE STATION 106 lIOGAN ROAD, SUITE 6 312 CANCO ROAD 1235 CENTRAL DRIVE, SKYWAl7 PARK 

AUGUSTA, lo.JAINE 04333-0017 BANGOR, l\lAINE 04401 POR'l'LAND, },[AlNE. 04103 PRESQUE ISLE, i\lAINE 04769 

(207) 287-7688 FAX: {207) 287-7826 (207) 941-4570 FAX: (207) 941-4584 (207) 822-6300 FAX' (207) 822-6303 (207) 764-0477 FAX' (207) 760-3143 

·website: ww1>0.maine.gov/dep 
STATE OF MAINE 


DEPARTMENT OF ENVIRONMENTAL PROTECTION 


17 STATE HOUSE STATION 


AUGUSTA, ME 04333 


DEPARTMENT ORDER 

IN THE MATTER OF 

TOWN EAST MILLINOCKET ) MAINE POLLUTANT DISCHARGE 

EAST MILLINOCKET, MAINE ) ELIMINATION SYSTEM PERMIT 

PUBLICLY OWNED TREATMENT WORKS ) AND 

ME0000175 ) WASTE DISCHARGE LICENSE 

W002228-5N-J-T APPROVAL ) RENEWALffRANSFER 

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

seq. and Conditions oflicenses, Maine Law 38 M.R.S.A., Section 414-A et seq., and applicable 

regulations, the Department ofEnvironmental Protection (Department hereinafter) has considered the 

application of the TOWN OF EAST MILLINOCKET (Town/permittee hereinafter), with its 

supp01tive data, agency review comments, and other related materials on file and FINDS THE 1­

FOLLOWING FACTS: 

APPLICATION SUMMARY 

On July 17, 2015, the Town submitted an application to the Department for the transfer and renewal of 

Maine Pollutant Discharge Elimination System (MEPDES) permit #MEOOOO 175/ Maine Waste 

Discharge License (WDL) #W002228-5N-B-R (permit hereinafter) issued in the name ofKatahdin 

Paper Company LLC on May 26, 2011, for a five-year term. Katahdin's East Millinocket mill (no 

longer operational), commonly referred to as the East Operation, had the capacity to produce up to 

950 air dried tons per day (ADTPD) of lightweight paper and newsprint. Production for the period 

2004 - 2006 ranged from 635 ADTPD to 750 ADTPD. The paper produced was made of a 

combination of fiber furnishes including kraft pulp (=15% oftotal furnish) purchased on the open 

market as well as deink recycled fiber (43% of total furnish) processed on site and groundwood pulp 

( 42% of total furnish) which was produced on site. These values represented mean values for the three 

year period 2004 - 2006. Approximately 300 ADTPD of groundwood pulp produced at the East 

Millinocket mill was shipped to its sister mill in Millinocket and used as furnish for lightweight and 

heavyweight papermaking. The waste water treatment facility for the East Millinocket mill also treated 

sanitary waste waters generated and collected by the Town ofEast Millinocket and treated up to 

2,000,000 gallons per day of landfill leachate from a State owned and operated landfill referred to as 

the Dolby landfill. 
ME0000175 PERMIT Page 2of15 

W002228-5N-J-T 

APPLICATION SUMMARY 

The permit was subsequently transferred from Katahdin Paper Company LLC to co-permittee's GNP 

Parent LLC and GNP East Inc. on September 21, 2011, and was subsequently modified on 

March 2, 2015. lt is noted the March 2, 2015 permit modification was issued to GNP Parent, LLC and 

Chapter 7 Trustee ofthe Bankruptcy Estate of GNP East, Inc. and GNP Maine Holdings, LLC d/b/a 

Great Northern Paper Company. 

On August 24, 2015, the Town amended the application submitted to the Department on July 17, 2015, 

by submitting the forms entitled, Publicly Owned Treatment Works and Outfall Ieformation. The 

application was amended again on September 8, 2015, with the submission ofthe forms entitled, 

Application For Addition ofTransported Wastes In Waste Water Treatment Facilities. 

The Town ofEast Millinocket has been duly qualified by the Maine Secretary of State to be in good 

standing and authorized to conduct business under the laws of the State of Maine as of the date ofthis 

transfer. The permittee has submitted information (quitclaim deed executed on June 18, 2015) 

demonstrating that it has legal title, right, and or interest in the waste water treatment facility at the 

former mill site and has indicated it has the financial capacity and technical ability to operate the 

facility in compliance with the terms and conditions of this permit. 

The Town has a consulting engineering firm to assist with the operation of the Town's current primary 

treatment plant and to design and oversee the construction of a new treatment facility that is properly 

sized and equipped to provide a secondary level of treatment for the municipal sanitary waste water 

and landfill leachate. The new treatment facility is expected to commence operations by the end of 

calendar year 2018. 

PERMIT SUMMARY 

The terms and conditions of this permit are significantly different than the terms and conditions ofthe 

previous permit due to the closure ofthe manufacturing facility in 2014. HC50 Main Street LLC 

(owners of the former mill buildings) has indicated the site structures associated with the former pulp 

and paper manufacturing facility and associated support facilities will remain idle until a long term 

management plan for the site is formulated. During this interim period, waste water streams conveyed 

to the former mill treatment system will include sanitary waste water from the Town ofEast 

Millinocket, landfill leachate from the Dolby landfill and storm water runoff from buildings and 

impervious surfaces. On or before November I, 2015, the owner of the Dolby landfill is proposing to 

install a new pipeline to convey the landfill leachate directly to the secondary treatment component of 

the treatment facility. Once this is accomplished, the Town proposes to take a lift station, a primary 

clarifier and related equipment at the former mill treatment facility out of service. From that date 

forward, storm water runoff from the former mill site will no longer be conveyed to treatment facility 

and will be discharged directly to the West Branch ofthe Penobscot River. 

With the purchase ofthe waste water treatment facility at the former mill site by the Town of East 

Millinocket, the permit is being written with the terms and conditions associated with a publicly owned 

treatment works (POTW). 
MEOOOOl75 PERMIT Page 3of15 

W002228-5N-J-T 

CONCLUSIONS 

BASED on the findings in the attached Fact Sheet dated September 11, 2015 and subject to the 

Conditions listed below, the Department makes th\l following CONCLUSIONS: 

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

any classified body ofwater 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 ofthe 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; 

I 

I

I 

I 

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

quality will be maintained and protected; 

(c) Where the standards ofclassification of the receiving water body are met or 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 

ofthe 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. 

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

treatment. 
MEOOOOl75 	 PERMIT Page 4of15 

W002228-5N-J-T 

ACTION 

THEREFORE, the Department APPROVES the above noted application of the TOWN OF EAST 

MILLINOCKET to discharge up to a monthly average flow of2.0 MGD of secondary treated waste 

water to the Penobscot River, Class C, in East Millinocket, Maine, SUBJECT TO THE FOLLOWING 

CONDITIONS, and all applicable standards and regulations: 

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


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


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

3. 	 This permit and the authorization to discharge become effective upon the date ofsignature below 

and expire at midnight five (5) years after that date. Ifa renewal application is timely submitted 

and accepted as complete for processing prior to the expiration of this permit, the authorization to 

discharge and the terms and conditions ofthis permit and all 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. § I 0002 and Rules Concerning the 

Processing ofApplications and Other Administrative Matters, 06-096 CMR 2(21)(A) (effective 

April I, 2003)). 

PLEASE NOTE ATTACHED SHEET FOR GUIDANCE ON APPEAL PROCEDURES 

DONE AND DATED AT AUGUSTA, MAINE, THrs_Lkz_'lluA y OF ~~ 2015. 

DEPARTMENT OF ENVIRONMENTAL PROTECTION 

BY:__~-r-· A_,v,_e_r+-i-~,_~=D~a~y~~A~e~ct e-g-{.~~o~m~m~is=s=io=nc.,.e~r-------

Date of initial receipt of application~:--~Ju~l~y~l~7~,2~0~1~5___~ 

Date of application acceptance : Julv 20. 2015 ;-iled 

OCT 1 9 /'015 


State of Maine 


Board of Environmental Protection 


Date filed with Board ofEnvironmental Protection: ______________ 

This Order prepared by Gregg Wood, BUREAU OF WATER QUALITY 

MEOOOOl75 2015 10/15/15 
ME0000175 PERMIT Page 5 ofl5 

W002228-5N-J-T 

SPECIAL CONDITIONS 

A. 	EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS 

I. 	The permittee is authorized to discharge secondary treated wastewaters from Outfall #OOIA to the West Branch ofthe Penobscot River. Such 

discharges shall be limited and monitored by the permittee as specified below. The italicized numeric values bracketed in the table below are 

code numbers that Department personnel utilize to code the monthly Discharge Monitoring Reports (DMRs'. 

Effluent Characteristic Dischame Limitations Minimum Monitorin!! Reauirements 

Monthly Weekly Daily Monthly Weekly Daily Measurement Sample 

Avera!!e Avera!!e Maximum Avera!!e Avera!!e Maximum Freauencv Tvne 

Flowf50050J 2.0MGD --- ReportMGD --­ --­ --­ l/Day(I) Measure 

[03] [03] (011011 [MS] 

Biochemical Oxygen 500 lbs/day 751 lbs/day 824 lbs/day 30mg/L 45 mg/L 50mg/L 3/Week 24-Hr. Composite 

Demand IBOD5) roo310; [26] [26] [26] (19] [19] [19] [03107] [24] 

BOD, % Removal C

2

>[81010] --­ --­ --­ 85% (23/ --­ --­ 1fMonthro11307 Calculate fCA/ 

Total Suspended Solids 500 lbs/day 751 lbs/day 834 lbs/day 30mg/L 45 mg/L 50mg/L 3/Week 24-Hr. Composite 

(TSS)[oo545J [26] [26] [26] {19] {19] [19] [03107] [24] 

TSS % Removal C

2

> [81011] --­ --­ --­ 85% [23] --­ --­ I/Month ro113o1 :, Calculate [CAJ 

Settleable Solids [00545J --­ --­ --­ --­ --­ 0.3 ml!L [25] 5/Week[05107J Grab [GRJ 

--­ --­ --­ --­ E. coli Bacteria (3) [31633] 126/100 m1C4

> 236/100 ml 3/Week Grab 

<Mav 15 to September 30) [13] [13] [03107] [GR] 

Total Residual Chlorine (S) --­ --­ --­ --­ --­ 1.0 mg/L I/Day Grab 

1500607 [19] [01101] [GR] 

pH --­ --­ -­ --­ --­ 6.0-9.0s.u. I/Day Grab 

{004007 1127 (011017 {GR/ 

Footnotes: See pages 7-10 ofthis permit for applicable footnotes. 
ME0000175 PERMIT Page 6of15 

W002228-5N-J-T 

SPECIAL CONDITIONS 

A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS 

Beginning upon issuance ofthis permit and lasting through four consecutive calendar quarters, and every five years thereafter if a timely request 

for renewal has been made and the permit continues in force, or is replaced by a permit renewal containing this requirement, the permittee shall 

monitor the discharge as follows: 

SCREENING LEVEL TESTING 

Effluent Characteristic Discharge Limitations Minimum 

Monitorin ReQuirements 

Monthly 

Avera<'e 

Daily 

Maximum 

Monthly 

Avera<'e 

Daily 

Maximum 

Measurement 

Frenuencv SamgJe T)'.Qe 

Whole Effluent Toxicit::(WET) '"' 

--­

--­

-­

-­

-­

--­

--­

--­

-­

-­

-

-

Report% f23J 

Report % {23J 

Report% f23J 

Report % f23J 

1Near 1011YRJ Composite f24J 

1Near 1011YRJ Composite 1241 

JNear {01/YR] Composite f24J 

1Near {01/YR] Composite f24J 

A-NOEL 

Ceriodaphnia dubia [TDA3BJ 

Salvelinus fontinalis [TDA6FJ 

C-NOEL 

Ceriodaphnia dubia [TBP3BJ 

Salvelinus fontinalis [TBQ6FJ 

Priority pollutant<7•9

) rsoooB1 -­ --­ -­ Report ug!L r2s1 1Near ro11YRJ Composite/Grab rui 

Analvti 1 h .>trv(S,9 1ca ) c em1s rs1-1i71 -­ --­ -­ Report ug!L f2BJ 1/Quarter ro11901 Composite/Grab rui 

SURVEILLANCE LEVEL TESTING- Pursuant To Special Condition K, Reopening ofPermit For Modifications, ofthis permit, surveillance level 

testing and or water quality based effluent limits (if applicable) will be established after the permittee has completed the screening level testing 

requirements ofthis permit and the Department has conducted a statistical evaluation in accordance with the statistical approach outlined in the 

Section 3.3.2 and Table 3-2 ofUSEPA's "Technical Support Document for Water Quality-Based Toxics Control" (USEPA Publication 505/2-90-001, 

March, 1991, EPA, Office of Water, Washington, D.C.). 

Footnotes: See pages 7-10 ofthis permit for applicable footnotes. 
MEOOOOl75 PERMIT Page 7of15 

W002228-5N-J-T 

SPECIAL CONDITIONS 

A. 	 EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS 

Footnotes: 

Sampling Locations: 

Influent sampling for BOD5 and TSS shall be collected at a location agreed upon by the 

Department and permittee. 

Effluent sampling for all parameters shall be collected after the last treatment process. Any 

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

Sampling and analysis must be conducted in accordance with; a) methods approved by 40 

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

Depattment in accordance with the procedures in 40 CFR Patt 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 ofMaine's Department of Health and Human Services. 

Samples that are sent to a POTW licensed pursuant to Waste discharge licenses, 38 M.R.S.A. 

§ 413 are subject to the provisions and restrictions ofMaine Comprehensive and Limited 

Environmental Laborato1y Certification Rules, 10-144 CMR263 263 (effective 

April I, 20 I 0). Ifthe permittee monitors any pollutant more frequently than required by the 

permit using test procedures approved under 40 CFR Part 136 or as specified in this permit, 

the results of this monitoring must be included in the calculation and reporting of the data 

submitted in the Discharge Monitoring Report. 

I. 	 Flow measurement- Shall be obtained between 8:00 AM and 11 :00 AM. 

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


removal of both BOD5 and TSS. The percent removal shall be based on a monthly 


average calculation using influent and effluent concentrations. 


3. 	 E. coli bacteria limits and monitoring requirements - E. coli bacteria limits and 

monitoring requirements are seasonal and apply between May 15th and September 30th of 

each year. The Department reserves the right to require bacteria limits to be in effect on a 

year-round basis to protect the health and welfare ofthe public. 

4. 	 Geometric mean - The monthly average E. coli bacteria limitation is a geometric mean 

and shall be calculated and reported as such. 

5. 	 Total residual chlorine limits and monitoring requirements - Limitations and 

monitoring requirements are in effect any time elemental chlorine or chlorine-based 

compounds are utilized for membrane chemical cleaning. The permittee shall utilize an 

EPA-approved test method capable of bracketing the TRC limitations specified in this 

permitting action. 
ME0000175 PERMIT Page 8of15 

W002228-5N-J-T 

SPECIAL CONDITIONS 

A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (cont'd) 

Footnotes: 

6. 	 Whole Effluent Toxicity (WET) - Definitive WET testing is a multi-concentration 

testing event (a minimum of five dilutions bracketing the acute and chronic critical 

thresholds of0.2% and 0.1% respectively), which provides an estimate of toxicity in 

terms ofNo Observed Effect Level, commonly referred to as NOEL or NOEC. 

A-NOEL is defined as the acute no observed effect level with survival as the end point. 

C-NOEL is defined as the chronic no observed effect level with survival, reproduction 

and growth as the end points. The critical acute and chronic thresholds were derived as 

the mathematic inverse ofthe applicable acute and chronic dilution factors of 655:1 and 

720: 1 respectively. 

a. 	 Screening-level testing- Beginning upon issuance ofthis permit and lasting through 

four consecutive calendar quarters and every five years thereafter if a timely request 

for renewal has been made and the permit continues.in force, or is replaced by a 

permit renewal containing this requirement, the permittee shall conduct screening 

level WET testing at a minimum frequency of once per year (1/Year). Acute and 

chronic tests shall be conducted on the water flea (Ceriodaphnia dubia) and the 

brook trout (Salvelinusfontinalis). 

b. 	 Surveillance level testing - Surveillance level testing will be established after the 

permittee has completed the screening level testing requirements of this permit and 

the Department has conducted a statistical evaluation in accordance with the 

statistical approach outlined in the Section 3.3.2 and Table 3-2 ofUSEPA's 

"Technical Support Document for Water Quality-Based Toxics Control" (USEPA 

Publication 505/2-90-001, March, 1991, EPA, Office of Water, Washington, D.C.). 

WET test results must be submitted to the Department not later than the next Discharge 

Monitoring Report (DMR) required by the permit provided, however, that the permittee 

may review the toxicity reports for up to 10 business days oftheir availability before 

submitting them. The permittee shall evaluate test results being submitted and identify to 

the Department possible exceedences of the critical acute and chronic water quality 

thresholds of0.2% and 0.1 % respectively. See Attachment A of this permit for a copy 

of the Department's WET report form. 
ME0000175 PERMIT Page 9of15 

W002228-5N-J-T 

SPECIAL CONDITIONS 

A. 	 EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (cont'd) 

Footnotes: 

Toxicity tests must be conducted by an experienced laboratory approved by the 

Depmtment. The laboratory must follow procedures as described in the following 

U.S.E.P.A. methods manuals as modified by Depmtment protocol for the salmonid. See 

Attachment B of this permit for the Depmtment protocol. 

a. 	 Short Term Methods for Estimating the Chronic Toxicity of Effluent and Receiving 

Water to Freshwater Organisms, Fourth Edition, October 2002, EP A-82l-R-02-013. 

b. 	 Methods for Measuring the Acute Toxicity ofEffluent and Receiving Waters to 

Freshwater and Marine Organisms, Fifth Edition, October 2002, EPA-821-R-02-012. 

The permittee is also required to analyze the effluent for the parameters specified in the 

analytical chemistry section ofthe form in Attachment C ofthis permit each time a WET test 

is performed. 

7. Analytical chemistry- Refers to a suite of chemical tests in Attachment C of the permit. 

a. 	 Screening level testing-Beginning upon issuance ofthis permit and lasting through 

four consecutive calendar quarters and every five years thereafter, the permittee shall 

conduct screening level analytical chemistry testing at a minimum frequency of once 

per calendar quarter (I/Quarter) for four consecutive calendar quarters. 

b. 	 Surveillance level testing - Surveillance level testing will be established after the 

permittee has completed the screening level testing requirements of this permit and 

the Department has conducted a statistical evaluation in accordance with the 

statistical approach outlined in the Section 3.3.2 and Table 3-2 ofUSEPA's 

"Technical Support Document for Water Quality-Based Toxics Control" (USEPA 

Publication 505/2-90-001, March, 1991, EPA, Office ofWater, Washington, D.C.). 

8. 	 Priority pollutant testing- Priority pollutants are those parameters listed in 


Attachment C of this permit. 


a. 	 Screening level testing - Beginning upon issuance of this permit and lasting through 

four consecutive calendar quarters and every five years thereafter, the permittee shall 

conduct screening level priority pollutant testing at a minimum frequency of once per 

year (I/Year). It is noted Chapter 530 does not require routine surveillance level 

priority pollutant testing during the term of this permit. 
ME0000175 PERMIT Page 10of15 


W002228-5N-J-T 


SPECIAL CONDITIONS 

A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (cont'd) 

Footnotes: 

9. 	 Analytical chemistry and priority pollutant testing - Shall be conducted on samples 

collected at the same time as those collected for whole effluent toxicity tests when 

applicable. Priority pollutant and analytical chemistry testing shall be conducted using 

methods that permit detection of a pollutant at existing levels in the effluent or that achieve 

minimum reporting levels of detection as specified by the Department. See Attachment C 

of this permit for a list ofthe Depaitment' s reporting levels (RLs) of detection. 

Priority pollutant and analytical chemistry test results must be submitted to the Department 

no later than the next DMR required by the permit provided, however, that the permittee 

may review the toxicity reports for up to 10 business days after receiving the test results 

from the laboratory before submitting them. The permittee shall evaluate test results being 

·submitted and identify to the Department, possible exceedences of the acute, chronic or 

human health A WQC as established in Department rule Chapter 584. For the purposes of 

Discharge Monitoring Report (DMR) reporting, enter a" l" for~. testing done this 

monitoring period or ''N-9" monitoring not required this period. 

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 uses designated for the classification ofthe 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 uses designated for the 

classification ofthe receiving waters. 

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

which would impair the uses designated for the classification ofthe receiving waters. 

4. 	 Notwithstanding specific conditions ofthis 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 ofwater 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 

Maine Gracle III certificate (or higher) or must be a Maine Registered Professional Engineer 

pursuant to Sewerage Treatment Operators, Title 32 M.R.S.A., § 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. 
ME0000175 PERMIT Page 11of15 


W002228-5N-J-T 


SPECIAL CONDITIONS 

D. 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, 

and submit the results to the Department. The IWS shall identify, in terms of character and 

volume ofpollutants, 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). 

E. NOTIFICATION REQUIREMENT 

In accordance with Standard Condition D, the permittee shall notify the Depaiiment ofthe 

following. 

I. 	 Any introduction of pollutants into the wastewater collection and treatment system from 

an indirect discharger in a primary industrial category discharging process waste water. 

2. 	 Any substantial change in the volume or character ofpollutants being introduced by 

individual users into the wastewater collection system. 

3. 	 For the purposes of this section, adequate notice shall include information on: 

(a) the quality and quantity of wastewater introduced to the wastewater collection and 

treatment system; and 

(b) any anticipated impact of the change in the quantity or quality of the wastewater to be 

discharged from the treatment system. 

F. 	 AUTHORIZED DISCHARGES 

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

Application for Waste Discharge Permit, accepted for processing on July 20, 2015, 

2) the terms and conditions of this permit; and 3) only from Outfall #OOIA. Discharges of 

wastewater from any other point source are not authorized under this permit, and shall be 

rep01ied in accordance with Standard Condition D(l)(J) Twenty four hour reporting, ofthis 

permit. 
ME0000175 PERMIT Page 12of15 

W002228-5N-J-T 

SPECIAL CONDITIONS 

G. WET WEATHER FLOW MANAGEMENT PLAN 

On or before December 31, 2015, the permittee shall submit to the Department for review 

and comment, a written Wet Weather Flow Management Plan [ICIS Code 73205] to direct 

the staff on how to operate the facility effectively during periods of high flow. The 

Department acknowledges that the collections system may deliver flows in excess of the 

monthly average design capacity of the treatment plant during periods of high infiltration and 

rainfall. The 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 AND MAINTENANCE (O&M) PLAN 

On or before February 1, 2016, the permittee shall submit to the Depatiment for review and 

comment, a written comprehensive Operation & Maintenance (O&M) Plan 

[ICIS Code 09699]. 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 ofthis 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 wastewater 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 and EPA 

personnel upon request. 

Within 90 clays of completion of new and or substantial upgrades of the wastewater 

treatment facility, the perinittee shall submit the updated O&M Plan to their Department 

inspector for review and comment. 
I

' 

ME0000175 PERMIT Page 13 of 15 

W002228-5N-J-T 

SPECIAL CONDITIONS 

I. 	 DISPOSAL OF TRANSPORTED WASTES IN WASTEWATER TREATMENT 

FACILITY 

During the effective period ofthis permit, the permittee is authorized to introduce into the 

treatment process or solids handling stream a maximum of 2,000 gallons per day (gpd) of 

transported wastes, subject to the following terms and conditions: 

I. 	"Transported wastes" means any liquid non-hazardous waste delivered to a wastewater 

treatment facility by a truck or other similar conveyance that has different chemical 

constituents or a greater strength than the influent described on the facility's application 

for a waste discharge license. Such wastes may include, but are not limited to septage, 

industrial wastes or other wastes to which chemicals in quantities potentially harmful to 

the treatment facility or receiving water have been added. 

2. 	 The character and handling of all transported wastes received must be consistent with the 

information and management plans provided in application materials submitted to the 

Department. 

4. The permittee shall maintain records for each load of transported wastes in a daily log 

which shall include at a minimum the following: 	

(a) The date; 

(b) The volume of transported wastes received; 

(c) The source of the transported wastes; 

(d) The person transporting the transpo1ted wastes; 

(e) The results of inspections or testing conducted; 

(f) 	The volumes of transported wastes added to each treatment stream; and 

(g) The information in (a) through (d) for any transported wastes refused for acceptance. 

These records shall be maintained at the treatment facility for a minimum offive years. 

5. 	 The addition of transported wastes into the treatment process or solids handling stream 

shall not cause the treatment facilities design capacity to be exceeded. If, for any reason, 

the treatment process or solids handling facilities become overloaded, introduction of 

transpo1ted wastes into the treatment process or solids handling stream shall be reduced 

or terminated in order to eliminate the overload condition. 

6. 	 Holding tank wastewater from domestic sources to which no chemicals in quantities 

potentially harmful to the treatment process have been added shall not be recorded as 

transported wastes but shou_ld be rep01ted in the treatment facility's influent flow. 

7. 	 During wet weather events, transported wastes may be added to the treatment process or 

solids handling facilities only in accordance with a current Wet Weather Flow 

Management Plan reviewed by the Department pursuant to Special Condition G ofthis 

permit that provides for full treatment oftransported wastes without adverse impacts. 
ME0000175 PERMIT Page 14of15 

W002228-5N-J-T 

SPECIAL CONDITIONS 

I. 	 DISPOSAL OF TRANSPORTED WASTES IN WASTEWATER TREATMENT 

FACILITY (cont'd) 

8. 	 In consultation with the Department, chemical analysis is required prior to receiving 

transpmted wastes from new sources that are not of the same nature as wastes previously 

received. The analysis must be specific to the type of source and designed to identify 

concentrations of pollutants that may pass through, upset or otherwise interfere with the 

facility's operation. 

9. 	 Access to transported waste receiving facilities may be permitted only during the times 

specified in the application materials and under the control and supervision of the person 

responsible for the wastewater treatment facility or his/her designated representative. 

10. The authorization in this Special Condition is subject to annual review and, with notice to 

the permittee and other interested parties of record, may be suspended or reduced by the 

Department as necessary to ensure full compliance with Standards for the Addition of 

Septage to Waste Water Treatment Facilities, 06-096 CMR 555 (last amended 

March 9, 2009) and the terms and conditions of this permit. 

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 postmarked on or before the thitteenth (13th) day of the month or handdelivered to a Department Regional Office such that the DMR's are received by the 

Department on or before the fifteenth (15th) day of the month following the completed 

reporting period. A signed copy of the DMR and all other repo1is required herein shall be 

submitted to the Department assigned compliance inspector (unless otherwise specified) at 

the following address: 

Department of Environmental Protection 

Bureau of Water Quality 


Eastern Maine Regional Office 


106 Hogan Road 


Bangor, Maine 04401 


Alternatively, if 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 ofthe 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 Depmtment on or before the fifteenth (15th) day of the 

month following the completed reporting period. Electronic documentation in support ofthe 

eDMR must be submitted not later than close of business on the 15th day of the month 

following the completed reporting period. 
ME0000175 PERMIT Page 15of15 

W002228-5N-J-T 

SPECIAL CONDITIONS 

K. REOPENING OF PERMIT FOR MODIFICATIONS 

Upon evaluation ofthe tests results or monitoring requirements specified in Special 

Conditions of this permitting action, new site specific information, or any other pe1tinent 

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 

including, but not limited to, new information from ambient water quality studies of the 

receiving waters. 

L. SEVERABILITY 

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

reviewing comt, the remainder ofthe permit shall remain in full force and effect, and shall be 

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

omitted, unless otherwise ordered by the court. 
ATTACHMENT A 

! 

I 

l 

t 

I 

I 

i 

I 

I 

l 

I 
MAINE DEPARTMENT OF ENVIRONMENTAL PROTECTION 


WHOLE EFFLUENT TOXICITY REPORT 


FRESH WATERS 


rv~~liiiY\R~Pi~~4foilv~····,·.·~___________:s1il~~M~1c1"•'·+._·__________________ By signing this form, I attest that to the best of my knowledge that the information pro\'ided is true, accurate, and complete. 

water flea trout 

A·NOELl1-----+------1 

C-NOEL_ ~----~----~ 

,,,, 

QC standal'd 


lab control 


receiving water control 


cone. I ( O/o) 


cone. 2 ( O/o) 


cone. 3 ( %) 


cone. 4 ( Ofo) 


cone. 5 ( Ofo) 


cone. 6 ( O/o) 


stat test used 

for trout show final wt and % incr for both controls 

!~~t~i~~~~;~;t~¥i~#tW!J:!11!i1 '~::;;!~:~ !H!!11!!i!J1;!11!~~t~'t'~~~WL.i!ii_W!J!W! !W1!2LiJ~!~L:W~S!WJ!~tt<S~t:iL!tWJ!Uitit:!Ji!diU 

•• 

% -

A>90 C>80 

,,,, 

,,,,,, '''''''' 

110.voun2 

>15/fcn1alc 

place* next to values statistically different front controls 

... ........ 

o/o survival 

A>90 C>80 

'' 

final 'vei2ht (1ne) 

> 2% increase 

A-NOEL C-NOEL A-NOEL C-NOEL 

toxicant I date 

limits (mg/L) 

results (mg/L) 

Laboratory conducting test 

:NwiJ"$uy'~w11~u'1::•·l':11:1'~.__________'c<:®t1~~Y'RWilt.N'ail\~.·w#lit1u>]!•·1111·___________ 

'Mil!i\~s: k\~ifi~J:til::J::],!'.:J 'i;i~ii\~#i\)ig~p;::$jilii\\l~'j']:Jfa!!Tdiii~---------

i'Cli9Ji~liif~IziJ!!i@' ' ' ' 


Report 'VET chemistry on DEP Form "ToxShcct (Fresh \Vatcr Version), ~larch 2007." 

DEPLW0741·B2007, Revised March 2007 Printed 112212009 
ATTACHMENT B 

i 


I 


j I 

l 


I .

I 
I 
Salmonid Survival and Growth Test 

The Salmonid survival and growth test must follow the procedures for the fathead 

minnow larval survival and growth tests detailed in USEP A's freshwater acute and 

chronic methods manuals with the following Department modifications: 

Species - Brook Trout, Salvelinus fontinalis, or other salmon id approved by the 

Department. 

Age - Less than six months old for the first test each year and less than twelve 

months for subsequent tests. 

Size - The largest fish must not be greater than 150% of the smallest. 

Loading Rate - < 0.5 g/l/day 

Feeding rate - 5% of body weight 3 times daily (15%/day) 

Temperature - 12° ± 1°C 

Dissolved Oxygen - 6.5 mg/I ,aeration if needed with large bubbles (> 1 mm 

diameter) at a rate of <100/min 

Dilution Water - Receiving water upstream of discharge (or other ambient water 

approved by the Department) 

Dilution Series - A minimum of 5 effluent concentrations (including the instream 

waste concentrations bracketing acute and chronic dilutions cal.culated pursuant to 

Section D); a receiving water control; and control of known suitable water quality 

Duration - Acute = 48 hours 


- Chronic = 10 days minimum 


Test acceptability - Acute= minimum of 90% survival in 2 days 

- Chronic= minimum of80% survival in 10 days; minimum growth of20 

mg/gm/d dry weight in controls, (individual fish weighed, dried at 100°C to 

constant weight and weighed to 3 significant figures) 

I 
ATTACHMENT C 

Printed 9/11/2015 Maine Department of Environmental Protection 

WETandChem 

This form is for reporting laboratory data and facility information. Official compliance reviews will be done by DEP. 

To the best of my l<novvledge this. !n1onnation is true, accurate and completo. 

Acute dilution factor

Licensed Flow{MGD) § Flow for Day {MGDJ"1~---~ Flow Avg. for Month (MGDJ"'~'---• 

Chronle dJlution factor Date Sample Collected LI_____, Dato Sample Analy>ed LI____, 

Human health dilution factor 

Criteria type: M(arlno) or F(resh) f Laboratory __________________Telephone------­

Address---------------­

Lab Contact------------------ Lal> ID#------­

ERROR WARNING ' FRESH WATER VERSION 

Facility Name---------- MEPOES# Pipe#_____ Facinty Representative Signature -,-,--,,,..,-,---,:;-.,----.,.----,--,-.,­

Essential fa011ity 

information ls misslng. Please check Receiving EffJUent 

required entries in bold above. Please see the.footnotes on the last page.. Water or Concentratron cus;n.. or 

Ambient Mno~) 

if'iili!4'WHOLE EFFLUENT TOXICITY ' !W,(mln~!1 lili'. ' i

., 

,litttJW!NYmll~~ •' •'-.. • lUlili:llliU· fifliftlJt~lWJlfi i, I­ ffi!r!;i • ; .1· 1fjff~liNllf.Wi({~fW(fJ' ' ,11, ~ "' -tliJ~iliWMlmfm11m 1 ' ' ,,, ' \!. ,J:u;,, "11iili!!1mw•lfuiii!ili'' 'i11,ril-~:1., 1 r ll!ilff'Wl1'!i•M:ir:w, 'i;•.1.I. )! ,1: tllRt 1 ~ .·111 .1fii\i -im1

1rn11n 1 ,.! ... , ·! 1t:1mFm;#!linn1m11w1n!1lliHJllnt·~lll1ii1~w1rnidnlti~i11\! 

Effluent Limits.% WET Result,% Reporting Possible Exceedence (7) 

Acute chronic Do not enter% sign Lim~Check Acute Chronic 

Trout· Acute 

Trout - Chronic 

Water Flea· Acute 

Water Flea. Chronic 

;li!iill!i'~WET CHEMISTRY 1 1;rn111~11*~ammmnu ihlimrarrmimmurr:11!~:1~!!(1u~1~111~rn :ffitmHITTmimnq~m.rimr.mmJm11mmtt~F~*m m&iffi!Ufiml!fuifil1~1;1adlri1mm:u :~!!Will!llli'r\lk1lM11~JmiHl1filfffiftt;r.~1L%lRG'Wfi:il1Wlll1,ffiffifill~IJIW. HtS.U.) 

Total 0 nic Carbon 1m ' <Sl 

Total Sorlds ' Tota! Sus..o.nded Sofids fmaJL) 

AJkalin· ·cma/L) 

s c Conductance cumhosl 

Totat Hardness 1m ' <Bl 

Tota[ Maaneslum iffi"' 11 ' 

Tota! Calcium ILl (ll) 

~W l:fi'ANAL YTICAL CHEMISTRY 13' ' . 1i!im!llll~ill!!1W!l!liillill' riH ' " 'filiilllil uff1lfilflillB1lliB~IWiifil~~1UIW1lmttmlJf;Ji ffu~Ji!fWirlillfirHW~Ml©I Br. ~rnWIIDJ11itl1i111li~iru~u1J11<1!1i~'1fif(m\.ffil111V~1Uf1~1I:

AlSO do these tests on the effluent with Effluent Limits, uall. Possible Exceedence (7) WET. Testing on the receiving water is 

Acute("> Chronic<61 . Health16) 

Reporting 

ootional Repomna Umlt Limit Check Acute Chronic Health 

TOTAL RESIDUAL CHLORINE Im"" 19 o.os NA 

AMMONIA NA 8 

M ALUMINUM NA 8 

M ARSENIC 5 8 

M CADMIUM 1 

M CHROMJUM 10 8 

M COPPER 3 8 

M CYANlDE. TOTAL 5 8 

1

f.l[ll'. iiliH'!1 CYANJDE, AVAILABLE <3•! 5 8) 

M LEAD 3 8 

M NICKEL 5 8 

M SILVER 1 8 

M ZINC 5 8 

Revised July 1, 2015 Page1 DEPLW 0740-H2015 
Printed 9/1112015 Maine Department of Environmental Protection 

WETandChem 

This form is for reporting laboratory data and facility information. Official compliance reviews will be done by DEP. 

iiiei>i111IT PRIORITY POLLUTANTS {4) ~fJmmmm1m~lmtmfilill!i!iiir.~tti1nll!~mmIFt:. ,illilliJ ·.~~11£1~~r1111i~~~'*~1iH!tttr~m1m~r .,.~1~,J ~lil1!1W~Wllif~l1lffiiiii1lliilli'' •.i'L: .r..ir . ~~!i~1: ::1 l~i'i!lt: ;i!1111imilffi!!mB1;11i;,~1111illirw1lllmrmil!amurirri1miiil!i1, 

Effluent Limits Reporting Possible Exceedence !7l 

Reporting Limit Acme<6> Chronic!•) Health(6) UmitCheck Acute Chronic Health 

M ANTIMONY 5 

M BERYLLIUM 2 . '' • M SELENIUM s 

M THALLIUM 4 

A 2,4,IHRlCHLOROPHENOL s 

A 2,4-DICHLOROPHENOL 5 

A 2,4-DIMETHYLf>HENOL s I 

A 2.4-DINJTROPHENOL 45 

A 2-CHLOROPHENOL s 

A 2-NITROPHENOL 5 

4,6 DINJTRO-OCRESOL (2·Methyl-4,6­

A dinitrooheno[) 25 

A 4-NITROPHENDL 20 

P-CHLOR().M,CRESOL (3-metttyl-<­

A chlorophenon+SSO s 

A PENTACHLOROPHENOL 20 

A PHENOL s 

BN 1.2,4-TRICHLOROBENZENE 5 

BN 1.2-IOlDICHLOROBENZENE 5 

BN 1,2-DlPHENYLHYDRAZINE 20 

BN , DlCHLOROBENZENE 5 

BN 1, P>DICHLOROBENZENE s 

SN 2,4-DINJTROTOLUENE 6 

SN 2 6-DINJTROTOLUENE s 

SN 2-CHLORONAPHTHALENE 5 

SN 3,3'·DICHLOROSENZIOINE 16.5 

SN 3,4-BENZOIBlFLUORANTHENE 5 

BN 4-BROMOPHENYLPHENYLETHER 5 

BN 4-CHLOROPHENYL PHENYL ETHER 5 

BN ACENAPHTHENE s 

BN ACENAPHTHYLENE s 

BN ANTHRACENE s 

BN BENZIDINE 45 

BN BENZC NTHRACENE 8 

BN BENZO AlPYRENE s 

SN BENZC G,H,l\PERYLENE s 

BN BE FLUORANTHENE s 

BN BlS 2-CHLORQETHQAviMETHANE s 

BN BIS 2·CHLOROETHYLlETHER 6 

BN BIS 2·CHLOROISOPROPYLlETHER 6 

SN BlS 2·ETHYLHEXYLlPHTHALATE 10 I 

SN BU1YLBENZYL F'Hl'HALATE s I 

SN CHRYSENE s 

BN Dl·N-SU1YL PHTHALATE s 

SN Dl·N-OCTYL PHTHALATE 5 

BN DIBENZOIA." '""' 1nRACENE 5 

BN DIETHYL PHTHALATE s 

BN DIMETHYL PHTHALATE 5 

SN FLUORANTHENE 5 

Revised July 1, 2015 Page 2 DEPLW 0740-H2015 
Printed 9/1112015 Maine Department of Environmental Protection 

WETandChem 

This form is for reporting laboratory data and facility information. Official compliance reviews wiff be done by DE?. 

BN FJ.UORENE 5 

BN HEXACHLOROBENZENE 5 

BN HEXACHLOROBUTADtENE 5 

BN HEXACHLOROCYCLOPENTADtENE 10 

BN HEXACHLOROETHANE 5 

BN INDEN0(1,2.3-CDJPYRENE 5 

BN ISO PHO RONE 5 

BN N-NtTROSODt·N-PROPYlAMtNE 10 

BN N-NJTROSODIMETHYlAMtNE 5 

BN N--NITROSOD!PHENYLAMINE 5 

BN NAPHTHALENE 5 

BN NITROBENZENE 5 

BN PHENANTHRENE 5 

BN PYRENE 5 

p 4.4"-DDD 0.05 

p 4,4'-DOE 0.05 

p 4.4'-DDT 0.05 

p A-BHC 0.2 

p A·ENDOSULFAN 0.05 

? ALDRIN 0.15 

p B-BHC 0.05 

p B-ENDOSUL.FAN 0.05 

p CHLORDANE 0.1 I 

p O.BHC 0.05 I 

p DlELDRIN 0.05 

p ENDOSULFAN SULFATE 0.1 

? ENDRIN 0.05 

p ENDRIN ALDEHYDE 0.05 

p G-BHC 0.15 

? HEPTACHLOR 0.15 I 

? HEPTACHLOR EPOXJDE 0.1 

p PCB-1016 0.3 

p PCB-1221 0.3 

p PCB-1232 0.3 

p PCB-1242 0.3 

p PCB-1248 0.3 

p PCB-1254 0.3 

p PCB-1260 0.2 

p TOXAPHENE 1 

v 1.1.1·TRICHLOROE'IHANE 5 

v 1.1.2.2-TETRACHLOROETHANE 7 

v 1.1.2-TRICHLOROETHANE 5 

v 1,1-DICHLOROETHANE 5 

1,1-DICHLOROEIHYLENE (1, 1· 

v dictdoroethene) 3 

v 1,2-DICHLOROETHANE 3 

v 1,2-DICHLOROPROPANE 6 

1,2-TRANlXllCHLOROETHYLENE (1.2­

v trans..Qichloroethene) 5 

v 

1,3-DICHLOROPROPYLENE (1,3­

d:ichtoroorooene) 5 

v 2-CHLOROEIHYLVINYL ETHER 20 

v ACROLEIN NA 

v ACRYLONITRILE NA 

v BENZENE 5 

Revised July 1, 2015 Page3 DEPLW 0740-H2015 
---------------------------

Printed 9!1112015 Maine Department of Environmental Protection 

WET and Chem 

This form is for reporting laboratory data and facility information. Official compliance reviews will be done by DEP. 

v BROMOFORM 5 

v 

v 

CARBON TETRACHLORtDE 

CHLOROBENZENE 

5 

6 

v CHLORODtBROMOMETHANE 3 

v CHLOROETHANE 5 

v CHLOROFORM 5 

v DICHLOROBROMOMETHANE 3 

v 

v 

v 

ETHYLBENZENE 

METHYL BROMIDE (Bromomethanel 

METHYL CHLORlOE rChloromethane\ 

10 

5 

5 

v METHYLENE CHLORIDE 5 

v 

v 

TETRACHLOROETHYLENE 

n=ierch.loroetm. Jene or Tetrachloroethene1 

TOLUENE 

5 

5 . 

TRJCHLOROETHYLENE 

v 

v 

CTrichloroethene) 

v 1NYL CHLvrdw~ 

3 

5 

Notes: 

(1) Flow average for day pertains to WET/PP composite sample day. 

(2) Flow average for month is for month in which WET/PP sample was taken. 

(3) Analytical chemistry parameters must be done as part ofthe WET test chemistry. 

\J~W~ (3a) Cyanide, Available (Cyanide Amenable to Chlorination) is not an analytical chemistty parameter, but may be required by certain discharge permits . 

(4) Priority Pollutants should be reported in micrograms per liter (uglL}. 

(6) Effluent Limits are calculated based on dilution factor, background allocation (10%) and water quality reserves (15% - to allow for new or 

changed discharges or non-point sources}. 

(7) Possible Exceedence determinations are done for a single sample only on a mass basis us"mg the actual pounds discharged. This 

analysis does not consider watershed wide allocations for fresh water discharges. 

(8) These tests are optional for the receiving water. However, where possible samples ofthe receiving water should be preserved and saved 

for the duration of the WET test. In the event of questions about the receiving water's possible effect on the WET results, chemistry tests 

should then be conducted. 

(9) pH and Total Residual Chlorine must be conducted at the time of sample collection. Tests for Total Residual Chlorine need be 

conducted only when an effluent has been chlorinated or residual chlorine is believed to be present for any other reason. 

Comments: 

Revised July 1, 2015 Page4 DEPLW 0740-H2015 

·-----·~·---·-··-·-----

-----~-------·---
MAINE POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT 


STANDARD CONDITIONS APPLICABLE TO ALL PERMITS 


CONTENTS 

SECTION TOPIC PAGE 

A GENERAL PROVISIONS 

I 
 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 


IO Duty to reapply 3 


11 
 Other laws 3 


12 
 Inspection and entty 3 


B OPERATION AND MAINTENANCE OF FACILITIES 

I 
 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 

I 
 General requirements 6 


2 
 Representative sampling 6 


3 
 Monitoring and records 6 


D REPORTING REQUIREMENTS 


I 
 Repotting requirements 7 


2 
 Signatory requirement 8 


3 
 Availability ofreports 8 


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


5 
 Publicly owned treatment works 9 


E OTHER PROVISIONS 


I 
 Emergency action - power failure 9 


2 
 Spill prevention 10 


3 
 Removed substances IO 


4 
 Connection to municipal sewer IO 


F DEFINTIONS 10 


Revised July I, 2002 Page 1 

MAINE POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT 


STANDARD CONDITIONS APPLICABLE TO ALL PERMITS 

A. 	 GENERAL PROVISIONS 

I. General compliance. All discharges shall be consistent with the terms and conditions of this pe1mit; 

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. Dnty 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 

ifthe 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 detennine 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 pennit 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 	 Page2 
MAINE POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT 


STANDARD CONDITIONS APPLICABLE TO ALL PERMITS 

7. Oil ancl 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 ofthe Federal Clean Water Act; section 106 of the 

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

§§ 130l, et. seq. 

8. Property rights. This permit does not convey any property rights of a1,1y sort, or any exclusive 

privilege. 

9. Conficlentiality 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. Ifthe 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 injmy 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 ancl 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 

I 

i 
MAINE POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT 


STANDARD CONDITIONS APPLICABLE TO ALL PERMITS 

maximize removal ofpollutants 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 Depaiiment 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. 

(1) 	 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 pe1mit. 

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 propetty 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 dainage 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 1, 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(l)(f), 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 ( c) 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 necessaty 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 thatthe 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(l)(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 perrnittee seeking to establish the 

occurrence of an upset has the burden of proof. 

Revised July I, 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 

ofthe volume and nature ofthe monitored discharge. Ifeffluent limitations are based wholly or partially 

on quantities ofa 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 ofmonitoring 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 ofthe 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 I, 2002 	 Page6 
MAINE POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT 

STANDARD CONDITIONS APPLICABLE TO ALL PERMITS 

D. 	 REPORTING REQUIREMENTS 

1. Reporting reqnirements. 

(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 l 22.29(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) 	Ifthe pennittee 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. 

(f) 	 Twenty-four hour reporting. 

(i) 	 The petmittee 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 ofthe 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 petmit. 

(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 repott on a case-by-case basis for reports under 

paragraph (f)(ii) ofthis section ifthe 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 

ofthe 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 ofcriminal 

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 Depaitment 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 ofthe following "notification levels": 

(i) One hundred micrograms per liter (I00 ug/l); 

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

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

and one milligram per liter (I mg/I) 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 I, 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 pennit, if that 

discharge will exceed the highest ofthe following "notification levels": 

(i) 	 Five hundred micrograms per liter (500 ug/l); 

(ii) 	One milligram per liter (1 mg/I) for antimony; 

(iii) Ten (10) times the maximum concentration value repo1ted for that pollutant in the pennit 

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). 

5. Publicly owned treatment works. 

(a) All POTWs must provide adequate notice to the Department ofthe following: 

(i) Any new introduction of pollutants into the POTW from an indirect discharger which 

would be subject to section 30 I or 306 of CWA or Chapter 528 if it were directly 

discharging those pollutants. 

(ii) 	Any substantial change in the volume or character ofpollutants being introduced into that 

POTW by a source introducing pollutants into the POTW at the time of issuance of the 

permit. 

(iii) For purposes ofthis paragraph, adequate notice shall include information on (A) the 

quality and quantity of effluent introduced into the POTW, and (B) any anticipated 

impact ofthe 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 ofthree 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 ofthe 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 ofthe 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 ofpower 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 permittee 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 ofpulp, 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 ofwaste 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 ofthe Department's rules 

Average means the arithmetic mean ofvalues 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 ofdaily 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 ofdaily 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 ofwaters 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 ofmass, the daily discharge is calculated as the total mass ofthe pollutant discharged 

over the day. For pollutants with limitations expressed in other units ofmeasurement, the daily discharge 

is calculated as the average measurement ofthe pollutant over the day. 

Revised July 1, 2002 Page IO 
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 CW A which are 

applicable to such source, or 

(b) After proposal of standards ofperformance in accordance with section 306 ofCW A 

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 petmit 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)(l) 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 envirorunent 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 eftluent toxicity means the aggregate toxic effect of an effluent measured directly by a toxicity 

test. 

Revised July I, 2002 Page 12 
MAINE POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT 


AND 


MAINE WASTE DISCHARGE LICENSE 


FACT SHEET 


September 11, 2015 


MEPDES PERMIT NUMBER: ME0000175 

MAINE WDL NUMBER: W002228-5N-J-T 

NAME AND MAILING ADDRESS OF APPLICANT: 

TOWN OF EAST MILLINOCKET 


53 Main Street 


East Millinocket, ME. 04430 


COUNTY: 	 Penobscot County 

NAME AND ADDRESS OF FACILITY WHERE DISCHARGE(S) OCCUR(S): 

East Millinocket 

RECEIVING WATER I CLASSIFICATION: West Branch of the Penobscot River/Class C 

COGNIZANT OFFICIAL AND TELEPHONE NUMBER: Ms. Angela Cote 

Town Administrative Assistant 

(207) 7 46-3551 

acote@myfairpoint.net 

1. APPLICATION SUMMARY 

a. 	 Application: On July 17, 2015, the Town submitted an application to the Department for 

the transfer and renewal of Maine Pollutant Discharge Elimination System (MEPDES) 

permit #MEOOOOl 75/ Maine Waste Discharge License (WDL) #W002228-5N-B-R 

(permit hereinafter) issued in the name ofKatahdin Paper Company LLC on 

May 26, 2011, for a five-year term. Katahdin's East Millinocket mill (no longer 

operational), commonly referred to as the East Operation, had the capacity to produce up 

to 950 air dried tons per day (ADTPD) of lightweight paper and newsprint. Production 

for the period 2004 - 2006 ranged from 635 ADTPD to 750 ADTPD. The paper 

produced was made of a combination of fiber furnishes including kraft pulp (=:15% of 

total furnish) purchased on the open market as well as deink recycled fiber (43% oftotal 

furnish) processed on site and ground wood pulp (42% oftotal furnish) which was 

produced on site. These values represented mean values for the three year period 

2004 - 2006. 
MEOOOOl75 FACT SHEET Page 2 of II 

W002228-5N-J-T 

1. APPLICATION SUMMARY (cont'd) 

Approximately 300 ADTPD of groundwood pulp produced at the East Millinocket mill was 

shipped to its sister mill in Millinocket and used as furnish for lightweight and heavyweight 

papermaking. The waste water treatment facility for the East Millinocket mill also treated 

sanitary waste waters generated and collected by the Town of East Millinocket and treated up 

to 2,000,000 gallons per day of landfill leachate from a State owned and operated landfill. 

The permit was subsequently transferred from Katahdin Paper Company LLC to copermittee's GNP Parent LLC and GNP East Inc. on September 21, 2011, and subsequently 

modified on March 2, 2015. It is noted the March 2, 2015 permit modification was issued to 

GNP Parent, LLC and Chapter 7 Trustee ofthe Bankruptcy Estate of GNP East, Inc. and 

GNP Maine Holdings, LLC d/b/a Great Northern Paper Company. 

On August 24, 2015, the Town amended the application submitted to the Depaitment on 

July 17, 2015, by submitting the forms entitled, Publicly Owned Treatment Works and 

Outfall Information. The application was amended again on September 8, 2015, with the 

submission ofthe forms entitled, Application For Addition ofTransported Wastes In Waste 

Water Treatment Facilities. 

The Town of East Millinocket has been duly qualified by the Maine Secretary of State to be 

in good standing and authorized to conduct business under the laws of the State ofMaine as 

of the.date of this transfer. The permittee has submitted information (quitclaim deed 

executed on June 18, 2015) demonstrating that it has legal title, right, and or interest in the 

waste water treatment facility at the former mill site and has indicated it has the financial 

capacity and technical ability to operate the facility in compliance with the terms and 

conditions of this permit. 

The terms and conditions of this permit are significantly different than the terms and 

conditions of the previous permit due to the closure of the manufacturing facility in 2014. 

HC50 Main Street LLC (owners of the former mill buildings) has indicated the site structures 

associated with the former pulp and paper manufacturing facility and associated support 

facilities will remain idle until a long term management plan for the site is formulated. 

During this interim period, waste water streams conveyed to the former mill treatment system 

will include sanitary waste water from the Town of East Millinocket, landfill leachate from 

the Dolby landfill and storm water runoff from buildings and impervious surfaces. On or 

before November I, 2015, the owner of the Dolby landfill is proposing to install a new 

pipeline to convey the landfill leachate directly to the secondary treatment component ofthe 

treatment facility. Once this is accomplished, the Town proposes to take a lift station, a 

primary clarifier and related equipment at the former mill treatment facility out of service. 

From that date forward, storm water runoff from the former mill site will no longer be 

conveyed to treatment facility and will be discharged directly to the West Branch of the 

Penobscot River. See Attachment A ofthis Fact Sheet for a schematic ofthe waste water 

treatment process. 
ME0000175 FACT SHEET Page 3of11 

W002228-5N-J-T 

2. 	 PERMIT SUMMARY 

With the purchase of the waste water treatment facility by the Town of East Millinocket, the 

permit is being written with the terms and conditions associated with a publicly owned 

treatment works (POTW). 

3. 	 CONDITIONS OF PERMITS 

Conditions ofLicenses, 38 M.R.S.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, Certain Deposits and Discharges 

Prohibited, 38 M.R.S.A. Section 420 and Surface Water Toxics Control Program, 06-096 

CMR 530 (effective October 9, 2005), require the regulation oftoxic substances not to 

exceed levels set forth in Swface Water Quality Criteria for Toxic Pollutants, 06-096 CMR 

584 (effective October 9, 2005), 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 

Classification ofmajor river basins, 38 M.R.S.A. § 467(7)(C)(l)(f) classifies main stem of 

the West Branch of the Penobscot River at and below the point of discharge, as Class C 

waters. Standardsfor classification offi·esh swface waters, 38 M.R.S.A. § 465(3) describes 

the standards for Class C as follows: 

A. 	 Class C waters must be ofsuch 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 a habitat for fish and 

other aquatic life. 

B. 	 The dissolved oxygen content a/Class C water may be not less than 5 parts per million or 

60% ofsaturation, whichever is higher, except that in identified salmonid spawning areas 

where water quality is s1iflicient to ensure spawning, egg incubation and survival ofearly 

life stages, that water quality s1iflicient for these purposes must be maintained. In order 

to provide additional protection for the growth ofindigenous fish, the following 

standards apply. 

(1) The 30-day average dissolved oxygen criterion ofa Class C water is 6.5 parts per 

million using a temperature o/22 degrees centigrade or the ambient temperature of 

the water body, whichever is less, if: 
MEOOOOI75 FACT SHEET Page 4 of I I 

W002228-5N-J-T 

4. 	 RECEIVING WATER QUALITY STANDARDS (cont'd) 

(a) A license or water quality certificate other than a general permit was issued prior 

to March 16, 2004for the Class C water and was not based on a 6.5 parts per 

million 30-day average dissolved oxygen criterion; or 

(b) A discharge or a hydro power project was in existence on March 16, 2005 and 

required but did not have a license or water quality certificate other than a 

general permit for the Class C water. 

This criterion for the water body applies lo licenses and water quality certificates issued 

on or after March 16, 2004. 

(2) 	Jn Class C waters not governed by subparagraph (1), dissolved oxygen may not be 

less than 6.5 parts per million as a 30-day average based upon a temperature of24 

degrees centigrade or the ambient temperature ofthe water body, whichever is less. 

This criterion for the water body applies to licenses and water quality certificates 

issued on or after March 16, 2004. 

The department may negotiate and enter into agreements with licensees and water 

quality certificate holders in order lo providefi1rther protection for the growth of 

indigenous fish. Agreements entered into under this paragraph are enforceable as 

department orders according to the provisions ofsections 347-A to 349. 

Between May 15th and September 30th, the number ofEscherichia coli bacteria of 

human and domestic animal origin in Class C waters may not exceed a geometric mean 

of126per 100 milliliters or an instantaneous level of236per 100 milliliters. In 

determining human and domestic animal origin, the department shall assess licensed and 

unlicensed sources using available diagnostic procedures. The board shall adopt rules 

governing the procedure for designation ofspawning areas. Those rules must include 

provision for periodic review ofdesignated spawning areas and consultation with 

affected persons prior to designation ofa stretch ofwater as a spawning area. 

C. 	 Discharges to Class C waters may cause some changes to aquatic life, except that the 

receiving waters must be ofsufficient quality to support all species offish indigenous to 

the receiving waters and maintain the structure andfimction ofthe resident biological 

community. This paragraph does not apply to aquatic pesticide or chemical discharges 

approved by the department and conducted by the department, the Department ofInland 

Fisheries and Wildlife or an agent ofeither agency for the pwpose ofrestoring 

biological communities affected by an invasive species. 
ME0000175 FACT SHEET Page 5of11 

W002228-5N-J-T 

5. 	 RECEIVING WATER QUALITY CONDITIONS 

The State ofMaine 2012 Integrated Water Quality Monitoring and Assessment Report 

(Report), prepared by the Depa1iment pursuant to Sections 303( d) and 305(b) of the Federal 

Water Pollution Control Act, lists all ofMaine's fresh waters as, "Category 4-A: Rivers and 

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

statewide fish consumption advisory due to elevated levels of mercury in some fish tissues. 

The Report states, "All freshwaters are listed in Category 4A (TMDL Completed) due to 

USEPA approval of a Regional Mercury TMDL in December 2007. Maine has a fish 

consumption advisory for fish taken from all freshwaters due to mercury. ·Many waters, and 

many fish from any given water, do not exceed the action level for mercury. However, 

because it is impossible for someone consuming a fish to know whether the mercury level 

exceeds the action level, the Maine Department of Human Services decided to establish a 

statewide advisory for all freshwater fish that recommends limits on consumption. Maine has 

already instituted statewide programs for removal and reduction of mercury sources." 

6. 	 EFFLUENT LIMITATIONS & MONITORING REQUIREMENTS 

a. 	 Flow: This permit is establishing a monthly average flow limitation of2.0 MGD based on 

information provided by the permittee along with a daily maximum reporting 

requirement. 

b. 	 Dilution Factors: The Department has made the determination that the dilution factors 

associated with the discharge shall be calculated in accordance with freshwater protocols 

established in 06-096 CMR 530. With a permit flow limit of2.0 MGD and the 7Ql0 and 

1Q10 low flow values for the West Branch of the Penobscot River, the dilution factors 

are calculated as follows: 

Acute: IQ 10 = 2,020 cfs<1

J => (2,020 cfs)(0.6464) + 2.0 MGD = 655:1 

2.0MGD 

Chronic: 7Q I 0 = 2,226 cfs => (2.226 cfs)C0.6464) + 2.0 MGD = 720:1 

2.0MGD 

Harmonic Mean =2,403 cfs => (2.403 cfs)(0.6464) +2.0 MOD = 775 : 1 

2.0MGD 

Footnotes: 

(I) 06-096 CMR 530 § 4(B)(l) states that analyses using numeric acute criteria for 

aquatic life must be based on Y,. ofthe IQ 10 stream design flow to prevent substantial 

acute toxicity within any mixing zone. The regulation goes on to say that where it can 

be demonstrated that a discharge achieves rapid and complete mixing with the 

receiving water by way of an efficient diffuser or other effective method, analyses 
ME000017S FACT SHEET Page 6ofl1 

W002228-SN-J-T 

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

may use a greater proportion of the stream design, up to including all of it. The 

permittee's outfall has a diffuser structure with eight diffuser ports and the 

Department has made the determination that the discharge will receive rapid and 

complete mixing with the receiving water. Therefore, the Department is utilizing the 

full IQ 10 stream flow in acute evaluations. 

c. 	 Biochemical oxygen demand (BOD5) and Total suspended solids CTSS): This permit is 

establishing technology based monthly and weekly average BODS and TSS concentration 

limits of 30 mg/Land 4S mg/L respectively, that are based on secondary treatment 

requirements found at 06-096 CMR S2S(3)(III). The maximum daily BODS and TSS 

concentration limits of SO mg/L are based on a Department best professional judgment of 

best practicable treatment (BPT). The monthly average and weekly average technologybased mass limits are based on the monthly average flow limitation of 

2.0 MOD and the applicable concentration limits. The mass limits are calculated as 

follows. 

Monthly average: (2.0 MGD)(8.34 lbs/gal)(30 mg/L) = SOO lbs/day 

Weekly average: (2.0 MGD)(8.34 lbs/gal)(4S mg/L) =7Sl lbs/day 

Daily maximum: (2.0 MGD)(8.34 lbs/gal)( SO mg/L) = 834 lbs/day 

This permitting action is also establishing a requirement of 8S% removal for BODS and 

TSS pursuant to 06-096 CMR S2S (3)(III)(a&b )(3). 

d. 	 Settleable Solids - This permitting action is establishing a technology based daily 

maximum settleable solids concentration limit of0.3 ml/L which is considered by the 

Department to be representative of BPT. 

e. 	 Escherichia coli Bacteria CE. coli): This permitting action is establishing a seasonal 


(May l S - September 30) E. coli monthly average (geometric mean) limit of 


126 colonies/100 mL and a daily maximum (instantaneous) limit of 


236 colonies/] 00 mL pursuant to Standardsfor the Classification ofFresh Swface 


Waters, 38 M.R.S.A, § 46S(3). 


f. 	 Total Residual Chlorine (TRC): - Limitations and monitoring requirements for TRC are 

applicable any time elemental chlorine or chlorine-based compounds are being utilized 

for membrane chemical cleaning. Limits on total residual chlorine (TRC) are specified to 

ensure attainment of ambient water quality standards and that BPT technology is applied 

to the discharge. Permits issued by the Department impose the more stringent ofthe 

calculated water quality based or BPT based limits. The Department has established a 

daily maximum BPT based limitation of 1.0 mg/L for facilities that disinfect their 

effluent with elemental chlorine or chlorine based compounds unless the calculated acute 
MEOOOOl75 FACT SHEET Page 7of11 

W002228-5N-J-T 

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

water quality based threshold is lower than 1.0 mg/L. For facilities that need to 

de-chlorinate the discharge to meet water quality based thresholds, the Depattment has 

established daily maximum and monthly average BPT limits of 0.3 mg/Land 0.1 mg/L 

respectively. With dilution factors as determined on page 5 of this Fact Sheet, end-ofpipe water quality based thresholds for TRC may be calculated as follows: 

Criterion (mg/L) Dilution Factors Calculated Threshold (mg/L) 

Acute (A) I Chronic C Acute I Chronic Acute I Chronic 

0.019 I 0.011 655:1 I 720:1 12.4 I 7.9 

Because the Depattment's daily maximum technology based limit (1.0 mg/L) is more 

stringent than the calculated acute and chronic water quality based thresholds calculated 

above, the BPT limit of 1.0 mg/L is being established in this permit. 

g. 	 Total Phosphorus: Waste Discharge License Conditions, 06-096 CMR 523 specifies that 

water quality based limits are necessai·y when it has been determined that a discharge has 

a reasonable potential to cause or contribute to an excursion above any State water 

quality standard including State narrative criteria. 1 In addition, 06-096 CMR 523 

specifies that water quality based limits may be based upon criterion derived from a 

proposed State criterion, or an explicit State policy or regulation interpreting its narrative 

water quality criterion, supplemented with other relevant information which may include: 

EPA's Water Quality Standards Handbook, October 1983, risk assessment data, exposure 

data, information about the pollutant from the Food and Drug Administration, and current 

EPA criteria documents. 2 

USEPA's Quality Criteria for Water 1986 (Gold Book) puts fmth an in-stream 

phosphorus concentration goal of less than 0.100 mg/L in streams or other flowing waters 

not discharging directly to lakes or impoundments, to prevent nuisance algal growth. The 

use ofthe 0.100 mg/L Gold Book goal is consistent with the requirements of 06-096 

CMR 523 noted above for use in a reasonable potential (RP) calculation. 

Based on the above rationale, the Depattment has chosen to utilize the Gold Book goal of 

0.100 mg/L. It is the Department's intent to continue to make determinations of actual 

attainment or impairment based upon environmental response indicators from specific 

water bodies. The use of the Gold Book goal of0.100 mg/L for use in the RP calculation 

will enable the Department to establish water quality based limits in a manner that is 

reasonable and that appropriately establishes the potential for impairment, while 

providing an opportunity to acquire environmental response indicator data, numeric 

1 Waste Discharge License Conditions, 06-096 CMR 523(5)(d)(l)(i) (effective date January 12, 2001) 2 06-096 CMR 523(5)(d)(l)(vi)(A) 
ME0000175 FACT SHEET Page 8of11 

W002228-5N-J-T 

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

nutrient indicator data, and facility data as needed to refine the establishment of sitespecific water quality-based limits for phosphorus. Therefore, this permit may be 

reopened during the term ofthe permit to modify any reasonable potential calculation, 

phosphorus limits, or monitoring requirements based on site-specific data. 

For the background concentration in the West Branch of the Penobscot River, historic test 

results indicate the background concentration is 0.017 mg/L which is being utilized in 

reasonable potential calculations in this Fact Sheet. To be conservative, the Depatiment is 

utilizing a background concentration 0.017 mg/L and an assumed effluent concentration 

of2.2 mg/L in the absence of facility specific effluent data in determining whether the 

discharge has a reasonable potential to exceed the AWQ goal of0.100 mg/L. 

Using the following calculation and criteria, the East Millinocket facility does not have a 

reasonable potential to exceed the EPA's Gold Book goal of0.100 mg/L for phosphorus 

or a reasonable potential to exceed the Department's 06-096 CMR Chapter 583 draft 

criteria of 0.033 mg/L. The calculations are as follows: 

Cr = QeCe + QsCs 

Qr 

Qe = effluent flow i.e. facility design flow 	 2.0MGD 

Ce= effluent pollutant concentration 	 2.2 mg/L 

Qs = 7Q I 0 flow ofreceiving water 	 = 1,439MGD 

Cs = upstream concentration 	 = 0.017 mg/L 

Qr = receiving water flow 	 1,441 MOD 

Cr = receiving water concentration 	 ? 

Cr= (2.0 MOD x 2.2 mg/L) + (1,439 MGD x 0.017 mg/L) = 0.020 mg/L 

1,441 MOD 

Cr= 0.020 mg/L < 0.1 mg/L => No Reasonable Potential 

Cr= 0.020 mg/L < 0.033 mg/L=> No Reasonable Potential 

Therefore, no end-of-pipe limitations or monitoring requirements for total phosphorus are 

being established in this permit. 

h. 	 Jill.: This permitting action is establishing a BPT pH range limitation of6.0-9.0 standard 

units (SU) pursuant to 06-096 CMR 525(3)(III)(c). 
ME0000175 FACT SHEET Page 9of11 

W002228-5N-J-T 

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

i. 	 Whole Effluent Toxicity (WET) & Chemical-Specific Testing: 38 M.R.S.A., § 414-A 

and § 420, prohibit the discharge of effluents containing substances in amounts that 

would cause the surface waters ofthe State to contain toxic substances above levels set 

forth in Federal Water Quality Criteria as established by the USEPA. 06-096 CMR 530 

and 06-096 CMR 584 set forth ambient water quality criteria (A WQC) for toxic 

pollutants and procedures necessary to control levels of toxic pollutants in surface waters. 

WET, priority pollutant and analytical chemistry testing as required by 06-096 CMR 530 

are included in this permit in order to fully characterize the effluent. This permit also 

provides for reconsideration of effluent limits and monitoring schedules after evaluation 

oftoxicity testing results. The monitoring schedule includes consideration ofresults 

currently on file, the nature of the wastewater, existing treatment and receiving water 

characteristics. 

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 are required to assess the 


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


chronic, and human health A WQC as established in 06-096 CMR 584. 06-096 CMR 530 


establishes four categories oftesting requirements based predominately on the chronic 


dilution factor. The categories are as follows: 


1) Level I- chronic dilution factor of <20: 1. 


2) Level II - chronic dilution factor of::'.::20: 1 but <l 00: I. 


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


4) 	Level IV - chronic dilution >500:1 and Q :Si.0 MGD 


06-096 CMR 530 (D)(l) specifies the criteria to be used in determining the minimum 


monitoring frequency requirements for WET, priority pollutant and analytical chemistry 


testing. Based on the 06-096 CMR 530 (D)(l) criteria, the permittee's facility falls into 


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


Q ::::1.0 MGD. 06-096 CMR 530 (D)(l) specifies that routine screening and surveillance 


level testing requirements are as follows: 


Screening level testing - Beginning 24 months prior to permit expiration and lasting 


through 12 months prior to permit expiration (Year 4 of the permit) and every five years 


thereafter. 


Level WET Testing Priority pollutant 

testing 

Analytical chemistry 

III 1 per vear 1 per vear 4 per vear 
ME0000175 FACT SHEET Page 10of11 

W002228-5N-J-T 

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

Surveillance level testing~ Beginning upon issuance ofthe permit and lasting through 

24 months prior to permit expiration (Years 1-3 of the permit) and commencing again 

12 months prior to permit expiration and lasting through permit expiration (Year 5 of the 

permit). 

Level 

III 

WET Testing 

1 per year 

Priority pollutant 

testing 

None required 

Analytical chemistry 

1 per year 

This permitting action establishes screening level testing requirements beginning upon 

issuance ofthe permit and lasting through four consecutive calendar quarters. 

Surveillance level testing will be established after the permittee has completed the 

screening level testing requirements ofthis permit and the Depattment has conducted a 

statistical evaluation in accordance with the statistical approach outlined in the Section 

3.3.2 and Table 3-2 ofUSEPA's "Technical Support Document for Water Quality-Based 

Toxics Control" (USEP A Publication 505/2-90-001, March, 1991, EPA, Office of Water, 

Washington, D.C.). 

j. 	 Transported Wastes: This permitting action is authorizing the permittee to accept and 

treat transported wastes at the facility. Standardsfor the Addition ofTransported Wastes 

to Wastewater Treatment Facilities, 06-096 CMR 555, limits the quantity of transported 

wastes treated at a facility to 0.5% ofthe design capacity if the facility does not utilize 

side stream treatment or storage, or ifthe facility utilizes a side stream treatment or 

storage for at least half ofthe transported waste, the daily maximum volume received 

may not exceed 1.0% of the design capacity. The facility does not utilize a side stream 

method for treatment and storage of the transported wastes received at the facility. With a 

design capacity 6f2.0 MGD, the 2,000 gallons per day (gpd) authorized by this permit 

represents 0.10% of said capacity. The permittee has submitted an application for the 

addition of transported wastes into the wastewater treatment facility as an exhibit to their 

2015 application. The Depattment has reviewed said plan and determined that under 

normal operating conditions, the addition of2,000 gallons per day of transported wastes 

to the facility will not cause or contribute to upset conditions ofthe treatment process. 

Additional requirements are contained in permit Special Condition I, Disposal of 

Transported Wastes in Wastewater Treatment Facility. 

7. 	 ANTIDEGRADATION - IMPACT ON RECEIVING 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 

West Branch ofthe Penobscot River to meet standards for Class C classification. 
ME0000175 FACT SHEET Page 11 of 11 

W002228-5N-J-T 

8. PUBLIC COMMENTS 

Public notice ofthis application was made in the Bangor Daily newspaper on or about 

June 27, 2015. The Depattment 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 to request a 

public hearing, pursuant to Application Processing Proceduresfor Waste Discharge 

Licenses, 06-096 CMR 522 (effective January 12, 2001). 

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 Water Quality 


Depattment of Environmental Protection 


17 State House Station 


Augusta, Maine 04333-0017 Tel: (207) 287-7693 Fax: (207) 287-3435 


e-mail: gregg.wood@maine.gov 


10. RESPONSE TO COMMENTS 

During the period of September 11, 2015, through the issuance date ofthis permit/license, 

the Department solicited comments on the proposed draft permit/license to be issued for the 

discharge(s) from the East Millinocket 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 Depattment 

has not prepared a Response to Comments. 
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DEP INFORMATION SHEET 

Appealing a Department Licensing Decision 

Dated: March 2012 Contact: (207) 287-2811 

SUMMARY 

There are two methods available to an aggrieved person seeking to appeal a licensing decision made by the 

Depatiment ofEnvironmental Protection's ("DEP") Commissioner: (1) in an administrative process before the 

Board ofEnvironmental Protection ("Board"); OJ' (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(l) 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 ofthe statutory and regulatmy 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. §§ 341-0(4) & 346, the Maine 

Administrative Procedure Act, 5 M.R.S.A. § 1100 I, 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 ofthe date on which the Commissioner's decision 

was filed with the Board. Appeals filed after 30 calendar days of the date on which the Commissionel''s 

decision was filed with the Boa!'d will be rejected. 

How TO SUBMIT AN APPEAL TO THE BOARD 

Signed original appeal documents must be sent to: Chair, Board ofEnvironmental Protection, c/o 

Department of Enviromnental 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 ofthe appeal 

documents and ifthe 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 be 

submitted at the time the appeal is filed. Only the extraordinary circumstances described at the end ofthat 

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: 

OCF/90-1/r95/r98/r99/r00/r04/r12 

' i 

~ I 
Appeallng aCommissioner's Licensing Decision 

March 2012 

Page2 of3 

I. 	 Aggrieved Status. The appeal must explain how the person filing the appeal has standing to maintain 

an appeal. This requires an explanation ofhow the person filing the appeal may suffer a particularized 

iltjury as a result ofthe 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 ofthe objections or challenge. Ifpossible, 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 ofappeal. 

6. 	 Requestfor 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 ofthe 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 

I. 	 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 oppottunity for photocopying materials. There is a charge for copies or 

copying services. 

2. 	 Be familiar with the regulations and lm1•s 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 ofan appeal does not operate as a stay to any decision. Ifa 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 ofthe 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 ofthe 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 ofits decision. 

OCF/90-1/r/95/r98/r99/r00/r04/r12 
----------------------

Appealing aCommissioner's Licensing Decision 

March 2012 

Page 3of 3 

II. 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 

SOC. A party's appeal must be filed with the Superior Court within 30 days of receipt of notice ofthe 

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 

Ifyou 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 

____'.'_~~_gal refere11ce.~aine law goyerns an ap_pellant's rights. __________ _ 

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