Permit No. COG

- 840000

CDPS GENERAL PERMIT

FOR

DISCHARGES ASSOCIATED WITH PRODUCED

- WATER TREATMENT FACILITIES

COLORADO DISCHARGE PERMIT SYSTEM

In compliance with the provisions of the Colorado Water Quality Control Act, (25

- 8

- 101 et seq., CRS, 1973 as

amended), facilities engaged in the discharge of produced

- water generated from oil and gas producing

formations are authorized to discharge from authorized locations throughout t he State of Colorado to specifi ed

water s of the state. Such discharges shall be in accordance wi th conditions of this general permit.

The applicant may demand an adjudicatory hearing within thirty (30) days of the date of issuance of the final

permit determination, per the Colorado Discharge Permit System Regulations, 61.7(1). Should the applicant

choose to contest any of the effluent limitations, monitoring requirements or other conditions contained herein,

the applicant must comply with Section 24

- 4

- 104 CRS and the Colorado Discharge Permit System Regulations.

Failure to contest any such effluent limitation, monitoring requirement, or other condition, constitutes consent to

the condition by the Applicant.

This permit specifically authorizes the facility listed on page 1 of this permit to discharge treated produced

waters, as of the date stated be low, in accordance with the permit requirments and conditions set forth in Parts I

and II hereof. All discharges authorized herein shall be consistent with the terms and conditions of this permit.

This permit and the authorization to discha rge shall expire at midnight, August 31 , 2014

.

Modified , Rei ssued and Signed this 30 th d ay of January 2012

.

COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT

Janet Kieler, Permits Section Manager

Water Quality Control Division

Permit Action Summary:

Modification 1: Issued and Signed: January 30, 2012 Effective March 1, 2012 : Part I.A.1;

Part I.C.2 and 3; Part I.D; Part II.A.4 and 5; and Table 1.B.1

Originally Issued And Signed : July 31, 2009, Effective Date Of Permit : September 1 , 2009PART I

Page 2 of 41

Permit No.: COG

- 840000

TABLE OF CONTENTS

PART I

................................ ................................ ................................ ................................ ................................ ................................ ............................ 3

A. COVERAGE UNDER THIS PERMIT

................................ ................................ ................................ ................................ .... 3

B. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS

................................ ................................ ........... 5

C. TERMS AND CONDITIONS

................................ ................................ ................................ ................................ ................... 8

1. Facilities Operation and Maintenance

................................ ................................ ................................ ................................ .. 8

2. Acute WET Testing Requirements

................................ ................................ ................................ ................................ ....... 8

3. Chronic WET Testing Requirements

................................ ................................ ................................ ................................ .. 11

4. Compliance Schedules

................................ ................................ ................................ ................................ ........................ 15

D. DEFINITIONS OF TERMS

................................ ................................ ................................ ................................ ................... 16

E. GENERAL MONITORING, SAMPLING AND REPORTING REQUIREMENTS

................................ ........................ 23

1. Routine Reporting of Data

................................ ................................ ................................ ................................ .................. 23

2. Representative Sampling

................................ ................................ ................................ ................................ .................... 23

3. Ana lytical and Sampling Methods for Monitoring and Reporting

................................ ................................ ...................... 24

4. Records

................................ ................................ ................................ ................................ ................................ ............... 26

5. Flow Measuring Device

................................ ................................ ................................ ................................ ...................... 27

6. Signatory and Certification Requirements

................................ ................................ ................................ .......................... 27

PART II

................................ ................................ ................................ ................................ ................................ ................................ ......................... 29

A. NOTIFICATION REQUIREMENTS

................................ ................................ ................................ ................................ .... 29

1. N otification to Parties

................................ ................................ ................................ ................................ ......................... 29

2. Change in Discharge

................................ ................................ ................................ ................................ ........................... 29

3. Special Notifications

- Definitions

................................ ................................ ................................ ................................ .......... 30

4. Noncompliance Notification

................................ ................................ ................................ ................................ .................... 30

5. Other Notification Requirements

................................ ................................ ................................ ................................ ........... 31

6. Bypass Notification

................................ ................................ ................................ ................................ ................................ .. 32

7. Upsets

................................ ................................ ................................ ................................ ................................ ........................ 32

8. Discharge Point

................................ ................................ ................................ ................................ ................................ ........ 33

9. Proper Operation and Maintenance

................................ ................................ ................................ ................................ ...... 33

10. Minimization of Adverse Impact

................................ ................................ ................................ ................................ ............ 33

11. Removed Substances

................................ ................................ ................................ ................................ ................................ 33

12. Submission of Incorrect or Incomplete Information

................................ ................................ ................................ ............ 33

13. Bypass

................................ ................................ ................................ ................................ ................................ ....................... 33

14. Reduction, Loss, o r Failure of Treatment Facility

................................ ................................ ................................ ................ 34

B. RESPONSIBILITIES

................................ ................................ ................................ ................................ .............................. 34

1. Inspections and Right to Entry

................................ ................................ ................................ ................................ ............ 34

2. Duty to Provide Information

................................ ................................ ................................ ................................ ............... 35

3. Transfer of Ownership or Control

................................ ................................ ................................ ................................ ...... 35

4. Availability of Reports

................................ ................................ ................................ ................................ ....................... 35

5. Modification, Suspension, Revocation, or Termination of Permits By the Division

................................ .......................... 36

6. Oil and Hazardous Substance Liability

................................ ................................ ................................ ............................... 39

7. State Laws

................................ ................................ ................................ ................................ ................................ .......... 39

8. Permit Violations

................................ ................................ ................................ ................................ ................................ 39

9. Property Rights

................................ ................................ ................................ ................................ ................................ ... 39

10. Severabili ty

................................ ................................ ................................ ................................ ................................ ......... 40

11. Renewal Application

................................ ................................ ................................ ................................ .......................... 40

12. Confidentiality

................................ ................................ ................................ ................................ ................................ .... 40

13. Fees

................................ ................................ ................................ ................................ ................................ ..................... 40

14. Duration of Permit

................................ ................................ ................................ ................................ .............................. 40

15. Section 307 Toxics

................................ ................................ ................................ ................................ ............................. 40

16. Effect of Permit Issuance

................................ ................................ ................................ ................................ .................... 41PART I

Page 3 of 41

Permit No.: COG

- 840000

PART I

A. COVERAGE UNDER THIS PERMIT

1. This general permit authorizes facilities engaged in the treatment and/or disposal of produced

- water *

, generated from oil and gas producing formations

, to discharge from authorized locations throughout the

State of Colorado to s urface waters of the state. Discharges to groundwater are not authorized under this

general permit and would be subject to the juri sdi ction of the Colorado Oil and Gas Conservatio n

Commission (COGCC)

. Underground injection wells may be under the authority of the COGCC or of

EPA, depending on the type and/or depth of the well. Recycling and/or beneficial uses may be under the

authority of the COGCC or the Solid Waste and Materials Management Program (within the Hazardous

Materials and Waste Management Division), depending on the nature of the beneficial use. Due to the

nature o f general permits, determinations of the assimilative capacity of the receiving stream(s) are not

available. All limitations set in this permit are based upon the most stringent of: 1) the site

- specific water

quality standards ; 2) the Regulations for Ef flu ent Limitations (Reg 62) and/or; the Federal Effluent

Limitation G uidelines. Multiple discharge points from one fixed, or from a mobile facility may be

authorized through a certification under this permit.

Discharges may be covered under this permit at t he Division's discretion, providing that such w astewater

would not require effluent limitations and/or monitoring requirements other than those contained in this

permit. Such determinations will be ma de o n a case

- by

- case basis upon review of the permit app lication

and any additional relevant information. If a discharge source require s additional limitations and/or

monitoring requirements, an individual permit may be required. Additionally, due to the nature of public

interest in oil and gas permits, the Div ision may determine that a specific permit would have a high level

of public interest. If such determination is made, the Division will require an individual permit in order

to provide the public an opportunity to comment. However, the Division will also take into account that

coverage under a general permit provides the most stringent limitations (since limitations are set at the

stream standards), applicable in a discharge permit.

* Produced water includes all waters and particulate matter associated w ith oil and gas producing

formations. Consistent with the scope of the oil and gas extraction point source category established by

EPA in the development of Federal Effluent Limitation Guidelines (ELGs), produced water discharges

associated with production of crude petroleum and natural gas, drilling oil and gas wells, and oil and

gas field exploration services are included within the scope of the permit. In addition to formation

water, produced water may be commingled with injection water, any chemicals a dded downhole,

chemicals added during the oil/water separation processes, or chemicals added during the treatment

process

2. In order to apply for certification under this general permit, the owner, operator, and/or authorized agent

of the subject facility shall submit by certified mail or hand delivery, the completed application for an

individual permit.

If the discharge is to a storm sewer system, ditch, or other manmade conveyance, approval from

the owner of the system must be obtained before discharge.

At least 60 days before the anticipated date of discharge, the application in its entiret y, shall be

submitted to:PART I

Page 4 of 41

Permit No.: COG

- 840000

Colorado Department of Public Health and Environment

Water Quality Control Division

Permits Section , WQCD

- PCP

- B2

4300 Cherry Creek Drive South

Denver, CO 80246

Following review of the application, t he Division may request additional data or deny the authorization

to discharge under this general permit. If the Division determines that a new facility does not fall under

the authority of the general permit, then the information received will be processed for an individual

perm it, and the applicant shall be notified of such a determination. If during the renewal process, the

Division determines that a facility no longer qualifies for the general permit, then the certification may

be terminated or the facility may be allowed to d ischarge under the general permit ,with additional

conditions in the amended certification, until an individual permit is issued.

3. The final limitations to be applied under this permit shall take into consideration the application of the

appropriate discharge categories, applicable water quality standards, control regulations, total maximum

daily loads, and other regulatory requireme nts. Efflue nt limitations will be applied in certifications in

accordance with the effluent limitations provided in Part I.B below

4. Authorization to discharge under this general permit shall expire on midnight August 31 , 20 14. The

Division must evaluate this general permit once every five years and must recertify all applicants'

authority to discharge under the general permit at that time. Therefore, a permittee desiring continued

coverage under the general permit must reapply b y February 28 , 2013

. The submittal of a complete

application will allow for an administrative extension of the certification, under such time as the general

permit is renewed and a new certification issued to the facility.

5. C hemicals that may be present in t he discharge, whether added duri ng exploration/production

, or after

the formation water has reached the surface of the well , will be provided in the permit application with

each chemical’s MSDS sheet. All chemicals must be used and stored in accorda nce with the

manufacturers recommendations and in accordance with any applicable state or federal regulation s

.

6. There shall be no discharge of solid animal or food waste, vegetative wastes (grass, leaves, manure,

garbage, etc), or any floating solids or v isible foam, in other than trace amounts.

7. All discharges must comply with the lawful requirements of federal agencies, municipalities, counties,

drainage districts and other local agencies regarding any discharges to storm drains systems,

conveyances, or other water courses under their jurisdiction. In addition, prior to the discharge the

permittee must notify the owner of the system of the date, approximate time, location, and duration of

the discharge(s).

8. Bulk storage structures for petroleum products and other chemicals shall have secondary containment or

equivalent adequate protection so as to contain all spills and prevent any spilled material from entering

discharged waters or waters of the State.PART I

Page 5 of 41

Permit No.: COG

- 840000

B. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS

Under this general permit, the limitations and monitoring requirements (Table B.I.1) are determined on the

basis of

-

state water

- quality stan dards that apply to all waters (i.e. statewide),

state water

- quality standards that apply to specific stream segments (i.e.

, receiving water ),

state effluent limitations (i.e., treatment specific),

state watershed limitations (i.e., phosphorus and salinity control)

, state policies (i.e., guidance on how specific standards are implemented in permits),

interstate w atershed limitations (i.e, total dissolved solids), and

federal effluent limitation guidelines (i.e., industry specific).

In the table, the parameters are listed under general categories and the basis for the limitation is identified in

the last column.

Table I.B.1 Discharge Limitations and Monitoring Conditions

Effluent Parameter Discharge Limitations Monitoring Conditions

Basis for

Limitation 30

- Day

Average 7

- Day

Average Daily

Maximum Monitoring

Frequency 2 Sample Type 3

Flow, mgd Limit 1 NA Report Continuous Recorder Regulation 61

Temperature, ° C NA

NA

NA

NA TVS TVS

Continuous Recorder Water Quality

Standards

Regulation s 31

-

38

Total Suspended

Solids, mg/ 30 45 NA Weekly (major)

2 days/month

(minor) Grab (lagoon)

Composite (mechanical) Regulation 62

Total Dissolved Solids,

mg/l 1 ton/day

or 350

tons/year NA NA Quarterly Grab (lagoon)

Composite (mechanical) Regulations 39

and 61

Total Dissolved Solids,

mg/l 3500 NA NA Weekly (major)

2 days/month

(minor) Grab (lagoon)

Composite (mechanical) Narrative

Standard

pH, s.u. NA NA 6.5

- 9.0 Weekly (major)

2 days/month

(minor) Grab Water Quality

Standards

Regula tion s 31

-

38

Radium 226+228 , pCi/l NA NA 5 Case by Case Basis Grab Water Quality

Standards

Regulation 31

Organics or other

Radionuclides as

deemed necessary Various NA Various Case by Case Basis Grab Water Quality

Standards

Regulation 31

Sulfide

Chloride,mg/l 250 NA NA Weekly (major)

2 days/month

(minor) Grab (lagoon)

Composite (mechanical) Water Quality

Standards

Regulations 31PART I

Page 6 of 41

Permit No.: COG

- 840000

Sulfate, mg/l 250 NA NA Weekly (major)

2 days/month

(minor) Grab (lagoon)

Composite (mechanical) Water Quality

Standards

Regulations 31

Sulfide, mg/l 0.002 NA NA Weekly (major)

2 days/month

(minor) Grab (lagoon)

Composite (mechanical) Water Quality

Standards

Regulations 31

Cyanide, ug/l NA NA 5 Weekly (major)

2 days/month

(minor) Grab (lagoon)

Composite (mechanical) Water Quality

Standards

Regulations 31

Nitrate, mg/l NA NA Various Weekly (major)

2 days/month

(minor) Grab (lagoon)

Composite (mechanical) Water Quality

Standards

Regulations 31

Nitrite, mg/l NA NA Various Weekly (major)

2 days/month

(minor) Grab (lagoon)

Composite (mechanical) Water Quality

Standards

Regulations 31

Boron, mg/l 0.75 NA NA Weekly (major)

2 days/month

(minor) Grab (lagoon)

Composite (mechanical) Water Quality

Standards

Regulations 31

Metals, ug/l TVS NA TVS Weekly (major)

2 days/month

(minor) Grab (lagoon)

Composite (mechanical) Water Quality

Standards

Regulation 31

-

38

Organic Chemicals

, ug/l

Oil and Grease mg/l

Conventional oil

and

and gas operations

subject to Federal ELG

Other oil and gas

Operations not

subject to ELG NA

NA NA

NA 35

10 Weekly (major)

2 days/month

(minor) Grab (lagoon)

Composite (mechanical) 40 CFR 435

(ELG)

Regulation 62

WET, chronic NA NA NOEC or

IC25 > 100% Quarterly 4 3 G rabs or Composites / test Narrative

Standards

Policy

WET, acute NA NA LC50

> 100% Quarterly 4 3 G rabs / test Narrative

Standard

Water Quality Policy

#24 Parameters

Electrical

Conductivity, dS/m Various NA Various

Weekly (major)

2 days/month

(minor) Grab (lagoon)

Composite (mechanical)

Narrative

Standards

Policy

(WQP#24) SAR limit, calculated 5 Report Calculated

Adjusted SAR 6 Report Calculated

SAR, pass/fail 7 Pass/Fail Calculated

Sodium, mg/l Report Report Grab (lagoon)

Calcium, mg/l Report Report Composite (mechanical)

Magnesium, mg/l Report Report Grab (lagoon)

Bicarbonate, mg/l Report Report Composite (mechanical)

Blending Ratio

(Influent/Effluent) 8 NA NA Report Weekly Calculated Treatment

Characterization

See the definitions in Part I.D for additional information on any of the following or above items.PART I

Page 7 of 41

Permit No.: COG

- 840000

Notes : 1) Flow limit to be based on design capacity of the treatment process as provided in the application for certification , or a

reasonable expectatio n of actual discharge (not to be exceeded)

. 2) The Division reserves the right to increase or decrease monitoring frequencies as determined to be necessary,

3) Sample types may change based on the specific parameter or configuration of the facility.

4) WET testing shall normally be on a quarterly basis, although the Division retains authority to vary the frequency as state d in

the WET Policy

5) This SAR limit is to be calculated using the actual measured EC value (30

- day average) of the effluent and substituting this

value in to the following equation to solve for SAR. The equation for determining the SAR limit is: SAR = (7.1 * EC)

– 2.48.

This limitation is capped at the more stringent value of 9.0, or that determined in the specific certification based on crop

type.

6) The SAR value of the effluent is to be reported as the adjusted SAR. See the definitions section in Part I.C.17 for informat ion

on calculating the adjusted SAR value.

7) The permittee shall compare the SAR value of th e effluent (adjusted SAR) to this calculated SAR limitation and report as

Pass/Fail whether the effluent SAR meets this value. If the SAR effluent value (adjusted SAR) is less than or equal to the

calculated limit, then the permittee will report “Pass” an d if it is greater than the calculated limit the permittee will report “Fail.”

8) Blending Ratio

- The may be instances where the treated produced water may require chemical augmentation to compensate for

low ionic strength and contribute to passage of the WET test. This reporting requirement is included to provide the Division

with this information.

The parameters in Table I.B.1 are the potential pollutants of concern (POC) that will be used by the

permit writer in developing the limitations in certifications under this general permit. The POCs for a

certification will be selected based on a review of examples of chemical profiles of untreated produced

water, experience in development of individual permits for di scharges of produced waters from oil and

gas operations, and general knowledge of produced waters. Other POCs can be included , by the permit

writer, with limitati ons and monitoring requirements based on information in the application, including

produced w ater characterization and proposed treatment technology, and the further need for water

quality protection a t a specific discharge location (i.e, parameters identified in 303d Listing, TMDL

based waste load allocation). The issued certification will docume nt the permit writer’s evaluations and

determinations that resulted in the selection of additional POCs with monitoring and limitation

requirements.

“ TVS ” or “Various” is entered in Table I. B.1 for POCs where the determination of the limitation and

monito ring is dependent on evaluation of site

- sp ecific information (i.e., water

- quality standards that

apply to specific stream segments, assigned classification, designated beneficial uses, limitations for

discharges to specific watersheds, hardness of receivi ng water, ratio of discharge flow to receiving water

flow, concentrations of specific salts in the receiving water, downstream diversion for water supply or

crop irrigation, and quality of the produced water). Regulation 31 describes the beneficial uses that can

be assigned to a receiving water segment and the associated water

- quality standards . For a discharge to a

specific stream segment, the basin regulations (i.e., Reg ulations 32

- 38) provide the water quality

standards that apply to each stream segmen t, as well as information on classification for antidegradation

review and on temporary modifications. Other Regulations or Policies may also be used to develop site

specific limitations.

The results of the site

- specific determinations , involving water

- q uality standards, are subject, per

regulations, to reasonable potential analysis and antidegradation review before monitoring and

limitations requirements are entered in the certification. Q ualitative reasonable potential determinations

may be made for som e parameters based on information in the application. Further q ualitative

reasonable potential analysis will be utilized to determine which additional parameters will be placed in

the certification and t he need for limits (with monitor ing) or for monitori ng only. The permit writer will

conduct this analysis based on a comparison of the chemical profile of the untreated produced water (as

provide in the application for a certification) with the limitations listed in Table I.B.1

. M onitoring only

requiremen ts can be imposed to generate additional information for a future reasonable potential

analysis, which could find that continued monit o r ing is not required and the certification would bePART I

Page 8 of 41

Permit No.: COG

- 840000

amended to remove this requir e ment. For waters, other than “Use Prote cted” waters, an antidegradation

review is required. In these instances, a second qualitative reasonable potential analysis will be

p erformed comparing the produced

- water parameters to a value equal to 15% of the limit provided as a

result of applying information in Table I.B.1

.

C. TERMS AND CONDITIONS

1. Facilities Operation and Maintenance

The permittee shall at all times properly operate and maintain all facilities a nd systems of treatment and

control (and related appurtenances) which are installed or used by the permittee as necessary 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 when installed by the permittee only when necessary

to achieve compliance with the conditions of the permit. Any sl udge produced at the wastewater

treatment facility shall be disposed of in accordance with State and Federal guidelines and regulations.

2. A cute WET Testing Requirements

a. General Acute WET Testing and Reporting Requirements

The permittee shall conduct an acute 48

- hour WET test using Ceriodaphnia dubia (or Daphnia

magna or Daphnia pulex if stated in the certification) , and an acute 96

- hour WET test using

Pimephales promelas (or rainbow trout or brook trout if stated in the cer tification) . Acute tests

shall be conducted as a static replacement test using a single effluent grab sample. The permittee

shall conduct each acute WET test in accordance with the 40 CFR Part 136 methods described in

Methods for Measuring the Acute Toxi city of Effluents and Receiving Water to Freshwater and

Marine Organisms , Fifth Edition, October 2002 (EPA

- 821

- R

- 02

- 012) or its most current edition.

The following specifications may be used if stated in the certification:

Use of the 0.01 alpha level

– The permittee has requested use of the 0.01 alpha level, and

therefore this alpha level shall be used for every WET test under this permit. The permittee is

responsbile for determining whether an increase in replicates within each individual test is

nee ded to assure that the test meets the minimum sensitivity requirements. Chapter 2 of the

Method Guidance and Recommendations for Whole Effluent Toxicity (WET) Testing, EPA 821

-

B

- 00

- 004, USEPA, July 2000 , must be used to calculate and determine if the mini mum

significant difference (MSD) requirement has been met. If this requirement is not met, the test is

considered invalid and retesting must be performed during the monitoring period. The permittee

will be required to submit documentation showing that th e appropriate number of replicates was

used and that the proper MSD criterion has been met, with the WET information summary that is

submitted to the Division with the WET test results.

Use of a CO 2 atmosphere to control pH drift

– The use of a CO2 stmo sphere will be allowed to

control ammonia toxicity due to pH drift. The proper methodology as outlined in the Chronic

Method must be followed and documented during the test. The permittee will be required to

submit documentation showing that the proper m ethodology was used in the testing with the

WET information summary that is submitted to the Division with the WET test results.PART I

Page 9 of 41

Permit No.: COG

- 840000

The following minimum dilution series should be used: 0% effluent (control), 20%, 40%, 60%, 80%,

and 100% effluent If the pe rmittee uses more dilutions than prescribed, and accelerated testing is to

be performed, the same dilution series shall be used in the accelerated testing as was used in the

failed test.

Tests shall be done at the frequency listed in Part I.A.1. Test res ults shall be reported along with the

Discharge Monitoring Report (DMR) submitted for the end of the reporting period when the sample

was taken. (i.e., WET testing results for the calendar quarter ending March 31 shall be reported with

the DMR due April 28 , etc.) The permittee shall submit all laboratory statistical summary sheets,

summaries of the determination of a valid, invalid or inconclusive test, and copies of the chain of

custody forms, along with the DMR for the reporting period.

If a test is c onsidered invalid, the permittee is required to perform additional testing during the

monitoring period to obtain a valid test result. Failure to obtain a valid test result during the

monitoring period shall result in a violation of the permit for failure to monitor.

b. Violations of the Permit Limit and Division Notification

An acute WET test is failed whenever the LC 50 , which represents an estimate of the effluent

concentration which is lethal to 50% of the test organisms in the time period prescribed by the test, is

found to be less than or equal to 100% effluent. The permittee must provide written notification of

the failure of a WET test to the Division, along with a statement as to whether accelerated testing or

a Toxicity Identification Evaluation (TIE) is being performed, unless otherwise exempted, in writing,

by the Division. Notification must be received by the Division within 14 calendar days of the

permittee receiving notice of the WET testing results.

c. Automatic Compliance Response

The permittee is responsible for implementing the automatic compliance response provisions of this

permit when one of the following occurs:

there is a violation of the permit limit (the LC50 endpoint is less than the applicable IWC)

the permittee is otherwise informed by the Division that a compliance response is necessary

When one of the above listed events occurs, the fol lowing automatic compliance response shall

apply. The permittee shall either:

conduct accelerated testing using the single species found to be more sensitive

conduct a Toxicity Identification Evaluation / Toxicity Reduction Evaluation (TIE/TRE)

investigation as described in Part I.A.3.b.

i. Accelerated Testing

If accelerated testing is being performed, testing will be at least once every two weeks for up to

five tests, at the appropriate IWC, but only one test should be run at a time. Accel erated testingPART I

Page 10 of 41

Permit No.: COG

- 840000

shall continue until; 1) two consecutive tests fail or three of five tests fail, in which case a pattern

of toxicity has been demonstrated or 2) two consecutive tests pass or three of five tests pass, in

which case no pattern of toxicity has been found. Note that the same dilution series should be used

in the accelerated testing as was used in the initial test(s) that result in the accelerated testing

requirement.

If no pattern of toxicity is found the toxicity episode is considered to be ended and routine testing

is to resume. If a pattern of toxicity is found, a TIE/TRE investigation is to be performed. If a

pattern of toxicity is not demonstrated but a signific ant level of erratic toxicity is found, the

Division may require an increased frequency of routine monitoring or some other modified

approach. The permittee shall provide written notification of the results within 14 calendar days of

completion of the Pat tern of Toxicity/No Toxicity demonstration.

ii. Toxicity Identification Evaluation / Toxicity Reduction Evaluation (TIE/TRE)

If a TIE/TRE is being performed, the results of the investigation are to be received by the Division

within 180 calendar days o f the demonstration of acute WET in the routine test, as defined above,

or if accelerated testing was performed, the date the pattern of toxicity is demonstrated. A status

report is to be provided to the Division at the 60 and 120 calendar day points of t he TIE/TRE

investigation. The Division may extend the time frame for investigation where reasonable

justification exists. A request for an extension must be made in writing and received prior to the

180 calendar day deadline. Such request must include a justification and supporting data for such

an extension.

Under a TIE, the permittee may use the time for investigation to conduct a preliminary TIE (PTIE)

or move directly into the TIE. A PTIE consists of a brief search for possible sources of WET,

where a specific parameter(s) is reasonably suspected to have c aused such toxicity, and could be

identified more simply and cost effectively than a formal TIE. If the PTIE allows resolution of the

WET incident, the TIE need not necessarily be conducted in its entirety. If, however, WET is not

identified or resolved during the PTIE, the TIE must be conducted within the allowed 180 calendar

day time frame.

The Division recommends that the EPA guidance documents regarding TIEs be followed. If

another method is to be used, this procedure should be submitted to the Div ision prior to initiating

the TIE.

If the pollutant(s) causing toxicity is/are identified, and is/are controlled by a permit effluent

limitation(s), this permit may be modified upon request to adjust permit requirements regarding the

automatic complianc e response.

If the pollutant(s) causing toxicity is/are identified, and is/are not controlled by a permit effluent

limitation(s), the Division may develop limitations the parameter(s), and the permit may be

reopened to include these limitations.

If th e pollutant causing toxicity is not able to be identified, or is unable to be specifically identified,

or is not able to be controlled by an effluent limit, the permittee will be required to perform either

item 1 or item 2 below.PART I

Page 11 of 41

Permit No.: COG

- 840000

l) Conduct an investiga tion which demonstrates actual instream aquatic life conditions

upstream and downstream of the discharge, or identify, for Division approval, and conduct an

alternative investigation which demonstrates the actual instream impact. This should include

WET t esting and chemical analyses of the ambient water. Depending on the results of the

study, the permittee may also be required to identify the control program necessary to eliminate

the toxicity and its cost. Data collected may be presented to the WQCC for consideration at the

next appropriate triennial review of the stream standards;

2) Move to a TRE by identifying the necessary control program or activity and proceed with

elimination of the toxicity so as to meet the WET effluent limit.

If toxicity sp ontaneously disappears in the midst of a TIE, the permittee shall notify the Division

within 10 calendar days of such disappearance. The Division may require the permittee to conduct

accelerated testing to demonstrate that no pattern of toxicity exists, o r may amend the permit to

require an increased frequency of WET testing for some period of time. If no pattern of toxicity is

demonstrated through the accelerated testing or the increased monitoring frequency, the toxicity

incident response will be closed and normal WET testing shall resume.

The control program developed during a TRE consists of the measures determined to be the most

feasible to eliminate WET. This may happen through the identification of the toxicant(s) and then

a control program aimed specifically at that toxicant(s) or through the identification of more

general toxicant treatability processes. A control program is to be developed and submitted to the

Division within 180 calendar days of beginning a TRE. Status reports on the TRE are t o be

provided to the Division at the 60 and 120 calendar day points of the TRE investigation.

If toxicity spontaneously disappears in the midst of a TRE, the permittee shall notify the Division

within 10 calendar days of such disappearance. The Division may require the permittee to conduct

accelerated testing to demonstrate that no pattern of toxicity exists, or may amend the permit to

require an increased frequency for some period of time. If no pattern of toxicity is demonstrated

through the accelerate d testing or the increased monitoring frequency, the toxicity incident

response will be closed and normal WET testing shall resume.

d. Toxicity Reopener

This permit may be reopened and modified to include additional or modified numerical permit

limitations, new or modified compliance response requirements, changes in the WET testing

protocol, the addition of both acute and chronic WET requirements, or any other conditions related

to the control of toxicants.

3. C hronic WET Testing Requirements

a. General Chronic WET Testing and Reporting Requirements

The permittee shall conduct the chronic WET test using Ceriodaphnia dubia and Pimephales

promelas , as a static renewal 7

- day test using three separate composite or grab samples , as stated in

the certi fication . The permittee shall conduct each chronic WET test in accordance with the 40 CFRPART I

Page 12 of 41

Permit No.: COG

- 840000

Part 136 methods described in Short

- term Methods for Estimating the Chronic Toxicity of Effluents

and Receiving Water to Freshwater Organisms , Fourth Edition, Octobe r 2002 (EPA

- 821

- R

- 02

- 013)

or the most current edition.

The following specifications may be used if stated in the certification:

Use of the 0.01 alpha level

– The permittee has requested use of the 0.01 alpha level, and

therefore this alpha level shall be used for every WET test under this permit. The permittee is

responsbile for determining whether an increase in replicates within each individual test is

needed to assure that the test meets the minimum sensitivity requirements. Chapter 2 of the

Method Guidance and Recommendations for Whole Effluent Toxicity (WET) Testing, EPA 821

-

B

- 00

- 004, USEPA, July 2000 , must be used to calcula te and determine if the minimum

significant difference (MSD) requirement has been met. If this requirement is not met, the test is

considered invalid and retesting must be performed during the monitoring period. The permittee

will be required to submit d ocumentation showing that the appropriate number of replicates was

used and that the proper MSD criterion has been met, with the WET information summary that is

submitted to the Division with the WET test results.

Use of a CO 2 atmosphere to control pH d rift

– The use of a CO2 stmosphere will be allowed to

control ammonia toxicity due to pH drift. The proper methodology as outlined in the Chronic

Method must be followed and documented during the test. The permittee will be required to

submit documentati on showing that the proper methodology was used in the testing with the

WET information summary that is submitted to the Division with the WET test results.

Ceriodaphnia reproduction percentage

- For the chronic Ceriodaphnia dubia test, the termination

requirement shall be where 80% or more of the surviving control females having produced their

third brood. If this requirement is not met, the test is considered invalid and retesting must be

performed during the monitoring period. The permittee will be required to submit

documentation showing that the appropriate number of the surviving control females have had

their third brood with the WET information summary that is submitted to the Division with the

WET test results.

The following minimum dilutio n series should be used: 0% effluent (control), 20%, 40%, 60%, 80%,

and 100% effluent. If the permittee uses more dilutions than prescribed, and accelerated testing is to

be performed, the same dilution series shall be used in the accelerated testing (if applicable) as was

initially used in the failed test.

Tests shall be done at the frequency listed in Part I.A.1. Test results shall be reported along with the

Discharge Monitoring Report (DMR) submitted for the end of the reporting period when the sample

was taken. (i.e., WET testing results for the calendar quarter ending March 31 shall be reported with

the DMR due April 28, etc.) The permittee shall submit all laboratory statistical summary sheets,

summaries of the determination of a valid, invalid or inconclusive test, and copies of the chain of

custody forms, along with the DMR for the reporting period.

If a test is considered invalid, the permittee is required to perform additional testing during the

monitoring period to obtain a valid test result . Failure to obtain a valid test result during the

monitoring period shall result in a violation of the permit for failure to monitor.PART I

Page 13 of 41

Permit No.: COG

- 840000

b. Violations of the Permit Limit, Failure of One Test Statistical Endpoint and Division Notification

A chronic WET test is considered a violation of a permit limitation when both the NOEC and the

IC25 are at any effluent concentration less than the IWC. The IWC for this permit has been

determined to be 100 % effluent.

A chronic WET test is considered to have failed one of the two statistical endpoints when either the

NOEC or the IC 25 are at any effluent concentration less than the IWC. The IWC for this permit has

been determined to be 100 % effluent.

In the event of a permit violation, or when two consecutive reporting periods have resulted in failure

of one of the two statistical endpoints (regardless of which statistical endpoints are failed), the

permittee must provide written notification to the Division. Such noti fication should explain

whether it was a violation or two consecutive failures of a single endpoint, and must indicate

whether accelerated testing or a Toxicity Identification Evaluation or Toxicity Reduction Evaluation

(TIE or TRE) is being performed, unl ess otherwise exempted, in writing, by the Division.

Notification must be received by the Division within 14 calendar days of the permittee

receiving notice of the WET testing results.

c. Automatic Compliance Response

The permittee is responsible for implementing the automatic compliance response provisions of this

permit when one of the following occurs:

there is a violation of the permit limit (both the NOEC and the IC25 endpoints are less than

the applicable IWC)

two consecutive monitoring peri ods have resulted in failure of one of the two statistical

endpoints (either the IC25 or the NOEC)

the permittee is otherwise informed by the Division that a compliance response is necessary

When one of the above listed events occurs, the following automa tic compliance response shall

apply. The permittee shall either:

conduct accelerated testing using the single species found to be more sensitive

conduct a Toxicity Identification Evaluation (TIE) or a Toxicity Reduction Evaluation (TRE)

investigation as described in Part I.A.3.b.

i. Accelerated Testing

If accelerated testing is being performed, testing will be at least once every two weeks for up to

five tests, running only one test at a time, using only the IC25 statistical endpoint to determine if

the test passed or failed at the appropriate IWC . Accelerated testing shall continue until; 1) two

consecutive tests fail or three of five tests fail, in which case a pattern of toxicity has been

demonstrated or 2) two consecutive tests pass or three of five tests pass, in which case no pattern of

toxicity has been found. Note that the same dilution series should be used in the accelerated testing

as was used in the initial test(s) that result in the accelerated testing requirement.PART I

Page 14 of 41

Permit No.: COG

- 840000

If accelerated test ing is required due to failure of one statistical endpoint in two consecutive

monitoring periods, and in both of those failures it was the NOEC endpoint that was failed, then

the NOEC shall be the only statistical endpoint used to determined whether the ac celerated testing

passed or failed at the appropriate IWC. Note that the same dilution series should be used in the

accelerated testing as was used in the initial test(s) that result in the accelerated testing

requirement.

If no pattern of toxicity is f ound the toxicity episode is considered to be ended and routine testing

is to resume. If a pattern of toxicity is found, a TIE/TRE investigation is to be performed. If a

pattern of toxicity is not demonstrated but a significant level of erratic toxicity is found, the

Division may require an increased frequency of routine monitoring or some other modified

approach. The permittee shall provide written notification of the results within 14 calendar days of

completion of the Pattern of Toxicity/No Toxicity d emonstration.

ii. Toxicity Identification Evaluation (TIE) or Toxicity Reduction Evaluation (TRE)

If a TIE or a TRE is being performed, the results of the investigation are to be received by the

Division within 180 calendar days of the demonstration ch ronic WET in the routine test, as defined

above, or if accelerated testing was performed, the date the pattern of toxicity is demonstrated. A

status report is to be provided to the Division at the 60 and 120 calendar day points of the TIE or

TRE investiga tion. The Division may extend the time frame for investigation where reasonable

justification exists. A request for an extension must be made in writing and received prior to the

180 calendar day deadline. Such request must include a justification and s upporting data for such

an extension.

Under a TIE, the permittee may use the time for investigation to conduct a preliminary TIE (PTIE)

or move directly into the TIE. A PTIE consists of a brief search for possible sources of WET,

where a specific parameter(s) is reasonably suspected to have c aused such toxicity, and could be

identified more simply and cost effectively than a formal TIE. If the PTIE allows resolution of the

WET incident, the TIE need not necessarily be conducted in its entirety. If, however, WET is not

identified or resolved during the PTIE, the TIE must be conducted within the allowed 180 calendar

day time frame.

The Division recommends that the EPA guidance documents regarding TIEs be followed. If

another method is to be used, this procedure should be submitted to the Div ision prior to initiating

the TIE.

If the pollutant(s) causing toxicity is/are identified, and is/are controlled by a permit effluent

limitation(s), this permit may be modified upon request to adjust permit requirements regarding the

automatic compliance response.

If the pollutant(s) caus ing toxicity is/are identified, and is/are not controlled by a permit effluent

limitation(s), the Division may develop limitations the parameter(s), and the permit may be

reopened to include these limitations.

If the pollutant causing toxicity is not ab le to be identified, or is unable to be specifically identified,

or is not able to be controlled by an effluent limit, the permittee will be required to perform either

item 1 or item 2 below.PART I

Page 15 of 41

Permit No.: COG

- 840000

l) Conduct an investigation which demonstrates actual instrea m aquatic life conditions

upstream and downstream of the discharge, or identify, for Division approval, and

conduct an alternative investigation which demonstrates the actual instream impact. This

should include WET testing and chemical analyses of the am bient water. Depending on

the results of the study, the permittee may also be required to identify the control program

necessary to eliminate the toxicity and its cost. Data collected may be presented to the

WQCC for consideration at the next appropriate triennial review of the stream standards;

2) Move to a TRE by identifying the necessary control program or activity and proceed

with elimination of the toxicity so as to meet the WET effluent limit.

If toxicity spontaneously disappears in the midst of a TIE, the permittee shall notify the Division

within 10 calendar days of such disappearance. The Division may require the permittee to conduct

accelerated testing to demonstrate that no pattern of toxicity exists, or may amend the permit to

require an i ncreased frequency of WET testing for some period of time. If no pattern of toxicity is

demonstrated through the accelerated testing or the increased monitoring frequency, the toxicity

incident response will be closed and normal WET testing shall resume.

The control program developed during a TRE consists of the measures determined to be the most

feasible to eliminate WET. This may happen through the identification of the toxicant(s) and then

a control program aimed specifically at that toxicant(s) or th rough the identification of more

general toxicant treatability processes. A control program is to be developed and submitted to the

Division within 180 calendar days of beginning a TRE. Status reports on the TRE are to be

provided to the Division at the 6 0 and 120 calendar day points of the TRE investigation.

If toxicity spontaneously disappears in the midst of a TRE, the permittee shall notify the Division

within 10 calendar days of such disappearance. The Division may require the permittee to conduct

a ccelerated testing to demonstrate that no pattern of toxicity exists, or may amend the permit to

require an increased frequency for some period of time. If no pattern of toxicity is demonstrated

through the accelerated testing or the increased monitoring frequency, the toxicity incident

response will be closed and normal WET testing shall resume.

d. Toxicity Reopener

This permit may be reopened and modified to include additional or modified numerical permit

limitations, new or modified compliance response requirements, changes in the WET testing

protocol, the addition of both acute and chronic WET requirements, or any other conditions related

to the control of toxicants.

4. Compliance Schedules

Where an exisiting treatment system certified under th is general permit is subject to more stringent

effluent limitations than required under a previous discharge permit, the Permittee may be eligible

for a schedule of compl i ance for meeting the new effluent limitations. All Division

- approved

compliance sche dules, including interim dates and requirements, will be delineated in the

certification.PART I

Page 16 of 41

Permit No.: COG

- 840000

D. DEFINITIONS OF TERMS

1. "Acute Toxicity"

- The acute toxicity limitation is exceeded if the LC50 is at any effluent concentration

less than or equal to the IWC indicated in this permit.

2. “Antidegradation limits”

– See “Two (2)

- Year Rolling Average”.

3. "Chronic toxicity", which includes lethality and growth or reproduction, occurs when the NOEC and

IC25 are at an effluent concentration less than the IWC indicated in this permit.

4. "Composite" sample is a minimum of four (4) grab samples collected at equ ally spaced two (2) hour

intervals and proportioned according to flow. For a SBR type treatment system, a composite sample is

defined as sampling equal aliquots during the beginning, middle and end of a decant period, for two

consecutive periods during a day (if possible).

5. "Continuous" measurement, is a measurement obtained from an automatic recording device which

continually measures the effluent for the parameter in question, or that provides measurements at

specified intervals.

6. "Daily Maximum limitation" for all parameters except temperature, means the limitation for this

parameter shall be applied as an instantaneous maximum (or, for pH or DO, instantaneous minimum)

value. The instantaneous value is defined as the analytical re sult of any individual sample. DMRs shall

include the maximum (and/or minimum) of all instantaneous values within the calendar month. Any

instantaneous value beyond the noted daily maximum limitation for the indicated parameter shall be

considered a viol ation of this permit.

7. “Daily Maximum Temperature (DM)” is defined in the Basic Standards and Methodologies for Surface

Water 1002

- 31, as the highest two

- hour average water temperature recorded during a given 24

- hour

period. This will be determined usin g a rolling 2

- hour maximum temperature. If data is collected every

15 minutes, a 2 hour maximum can be determined on every data point after the initial 2 hours of

collection. Note that the time periods that overlap days (Wednesday night to Thursday morni ng) do not

matter as the reported value on the DMR is the greatest of all the 2

- hour averages.

For example data points collected at:

08:15, 08:30, 08:45, 09:00, 09:15, 09:30, 09:45, 10:00, would be averaged for a single 2 hour average

data point

08:30, 08:45, 09:00, 09:15, 09:30, 09:45, 10:00, 10:15, would be averaged for a single 2 hour average

data point

08:45, 09:00, 09:15, 09:30, 09:45, 10:00, 10:15, 10:30, would be averaged for a single 2 hour average

data point

This would continue throughout the c ourse of a calendar day. The highest of these 2 hour averages over

a month would be reported on the DMR as the daily maximum temperature. At the end/beginning of a

month, the collected data should be used for the month that contains the greatest number o f minumtes in

the 2

- hour maximum.PART I

Page 17 of 41

Permit No.: COG

- 840000

Data from 11 pm to 12:59 am, would fall in the previous day. Data collected from 11:01 pm to 1:00 am

would fall in the new month.

8. "Dissolved (D) metals fraction" is defined in the Basic Standards and Methodologies for Surface Water

1002

- 31, as that portion of a water and suspended sediment sample which passed through a 0.40 or 0.45

UM (micron) membrane filter. Determinations of "dissolved" constituents are made using the filtrate.

This may include some very small (co lloidal) suspended particles which passed through the membrane

filter as well as the amount of substance present in true chemical solution.

9. “Geometric mean” for E. coli bacteria concentrations, the thirty (30) day and seven (7) day averages

shall be determined as the geometric mean of all samples collected in a thirty (30) day period and the

geometric mean of all samples taken in a seven (7) consecutive day period respec tively. The geometric

mean may be calculated using two different methods. For the methods shown, a, b, c, d, etc. are

individual sample results, and n is the total number of samples.

Method 1 :

(1/n)

Geometr ic Mean = (a*b*c*d*...) "*"

- means multiply

Method 2 :

Geometric Mean = antilog ( [log(a)+log(b)+log(c)+log(d)+...]/n )

Graphical methods, even though they may also employ the use of logarithms, may introduce significant

error and may not be used.

In calculating the geometric mean, for those individual sample results that are reported by the analytical

laboratory to be "less than" a numeric value, a value of 1 should be used in the calculations. If all

individual analytical results for the month are r eported to be less than numeric values, then report "less

than" the largest of those numeric values on the monthly DMR. Otherwise, report the calculated value.

For any individual analytical result of "too numerous to count" (TNTC), that analysis shall be considered

to be invalid and another sample shall be promptly collected for analysis. If another sample cannot be

collected within the same sampling period for which the invalid sample was collected (during the same

month if monthly sampling is required, during the same week if weekly sampling is required, etc.), then

the following procedures apply:

i. A minimum of two samples shall be collected for coliform analysis within the next sampling

period.

ii. If the sampling frequency is monthly or less frequent: For the period with the invalid sample

results, leave the spaces on the corresponding DMR for reporting coliform results empty and

attach to the DMR a letter noting that a result of TNTC was obtained for that period, and explain

why another sample for th at period had not been collected.

If the sampling frequency is more frequent than monthly: Eliminate the result of TNTC from any further

calculations, and use all the other results obtained within that month for reporting purposes. Attach aPART I

Page 18 of 41

Permit No.: COG

- 840000

letter noti ng that a result of TNTC was obtained, and list all individual analytical results and

corresponding sampling dates for that month.

10. "Grab" sample, is a single "dip and take" sample so as to be representative of the parameter being

monitored.

11. "In

- situ" measurement is defined as a single reading, observation or measurement taken in the field at the

point of discharge.

12. "Instantaneous" measurement is a single reading, observation, or measurement performed on site using

existing monitoring facili ties.

13. “Maximum Weekly Average Temperature (MWAT)” is defined in the Basic Standards and

Methodologies for Surface Water 1002

- 31, as an implementation statistic that is calculated from field

monitoring data. The MWAT is calculated as the largest mathemat ical mean of multiple, equally

spaced, daily temperatures over a seven

- day consecutive period, with a minimum of three data points

spaced equally through the day. For lakes and reservoirs, the MWAT is assumed to be equivalent to the

maximum WAT from at le ast three profiles distributed throughout the growing season (generally July

September).

The MWAT is calculated by averaging all temperature data points collected during a calendar day, and

then averaging the daily average temperatures for 7 consecutive days. This 7 day averaging period is a

rolling average, i.e. on the 8 th day, the MWAT will be the averages of the daily averages of days 2

- 8.

The value to be reported on the DMR is the highest of all the rolling 7

- day averages throughout the

month. Fo r those days that are at the end/beginning of the month, the data shall be reported for the

month that contains 4 of the 7 days.

Day 1: Average of all temperature data collected during the calendar day.

Day 2: Average of all temperature data collected d uring the calendar day.

Day 3: Average of all temperature data collected during the calendar day.

Day 4: Average of all temperature data collected during the calendar day.

Day 5: Average of all temperature data collected during the calendar day.

Day 6: Average of all temperature data collected during the calendar day.

Day 7: Average of all temperature data collected during the calendar day.

1 st MWAT Calculation as average of previous 7 days

Day 8: Average of all temperature data collected during the c alendar day.

2 nd MWAT Calculation as average of previous 7 days

Day 9: Average of all temperature data collected during the calendar day.

3 rd MWAT Calculation as average of previous 7 days

14. "Potentially dissolved (PD) metals fraction” is defined in the Basic Standards and Methodologies for

Surface Water 1002

- 31, as that portion of a constituent measured from the filtrate of a water and

suspended sediment sample that was first treated with nitric acid to a pH of 2 or less and let stand for 8

to 96 hours p rior to sample filtration using a 0.40 or 0.45

- UM (micron) membrane filter. Note the

"potentially dissolved" method cannot be used where nitric acid will interfere with the analytical

procedure used for the constituent measured.PART I

Page 19 of 41

Permit No.: COG

- 840000

15. “Practical Quantitation Limit (PQL)” means the minimum concentration of an analyte (substance) that

can be measured with a high degree of confidence that the analyte is present at or above that

concentration. The use of PQL in this document may refer to those PQLs shown in Part I.D of this

permit or the PQLs of an individual laboratory.

16. "Quarterly measurement frequency" means samples may be collected at any time during the calendar

quarter if a continual discharge occurs. If the discharge is intermittent, then samples shall be collected

during the period that discharge occurs.

17. "Recorder" requires the continuous operation of a chart and/or totalizer (or drinking water rotor meters

or pump hour meters where previously approved.)

18. SAR and Adjusted SAR

- The equation for calculation of SAR

- adj is:

Where:

Na + = Sodium in the effluent reported in meq/l

Mg ++ = Magnesium in the effluent reported in meq/l

Ca

x = calcium (in meq/l) in the effluent modified due to the ratio of bicarbonate to calcium

The values for sodium (Na + ), calcium (Ca ++ ), bicarbonate (HCO 3 - ) and magnesium (Mg ++ ) in this

equation are expressed in units of milliequivalents per liter (meq/l). Generally, data for these parameters

are reported in terms of mg/l, which must then be c onverted to calculate the SAR. The conversions are:

meq/l =

Where the equivalent weights are determined based on the atomic weight of the element divided by the

ion’s charge:

Na + = 23.0 mg/meq (atomic weight of 23, charge of 1)

Ca ++ = 20.0 mg/meq (atomic weight of 40.078, charge of 2)

Mg ++ = 12.15 mg/meq (atomic weight of 24.3, charge of 2)

HCO 3 - = 61 mg/mep (atomic weight of 61, charge of 1)

The EC and the HCO 3 - /Ca ++ ratio in the effluent (calculated by dividing the HCO 3 - in meq/l by the Ca ++

in meq/l) are used to determine the Ca

x using the following table.

Table

– Modified Calcium Determination for Adjusted Sodium Adsorption Ratio

HCO 3 /Ca Ratio And EC 1

, 2

, 3

Salinity of Effluent ( EC )(dS/m)

0.1 0.2 0.3 0.5 0.7 1.0 1.5 2.0 3.0 4.0 6.0 8.0PART I

Page 20 of 41

Permit No.: COG

- 840000

Ratio of

HCO 3 /Ca .05 13.20 13.61 13.92 14.40 14.79 15.26 15.91 16.43 17.28 17.97 19.07 19.94

.10 8.31 8.57 8.77 9.07 9.31 9.62 10.02 10.35 10.89 11.32 12.01 12.56

.15 6.34 6.54 6.69 6.92 7.11 7.34 7.65 7.90 8.31 8.64 9.17 9.58

.20 5.24 5.40 5.52 5.71 5.87 6.06 6.31 6.52 6.86 7.13 7.57 7.91

.25 4.51 4.65 4.76 4.92 5.06 5.22 5.44 5.62 5.91 6.15 6.52 6.82

.30 4.00 4.12 4.21 4.36 4.48 4.62 4.82 4.98 5.24 5.44 5.77 6.04

.35 3.61 3.72 3.80 3.94 4.04 4.17 4.35 4.49 4.72 4.91 5.21 5.45

.40 3.30 3.40 3.48 3.60 3.70 3.82 3.98 4.11 4.32 4.49 4.77 4.98

.45 3.05 3.14 3.22 3.33 3.42 3.53 3.68 3.80 4.00 4.15 4.41 4.61

.50 2.84 2.93 3.00 3.10 3.19 3.29 3.43 3.54 3.72 3.87 4.11 4.30

.75 2.17 2.24 2.29 2.37 2.43 2.51 2.62 2.70 2.84 2.95 3.14 3.28

1.00 1.79 1.85 1.89 1.96 2.01 2.09 2.16 2.23 2.35 2.44 2.59 2.71

1.25 1.54 1.59 1.63 1.68 1.73 1.78 1.86 1.92 2.02 2.10 2.23 2.33

1.50 1.37 1.41 1.44 1.49 1.53 1.58 1.65 1.70 1.79 1.86 1.97 2.07

1.75 1.23 1.27 1.30 1.35 1.38 1.43 1.49 1.54 1.62 1.68 1.78 1.86

2.00 1.13 1.16 1.19 1.23 1.26 1.31 1.36 1.40 1.48 1.54 1.63 1.70

2.25 1.04 1.08 1.10 1.14 1.17 1.21 1.26 1.30 1.37 1.42 1.51 1.58

2.50 0.97 1.00 1.02 1.06 1.09 1.12 1.17 1.21 1.27 1.32 1.40 1.47

3.00 0.85 0.89 0.91 0.94 0.96 1.00 1.04 1.07 1.13 1.17 1.24 1.30

3.50 0.78 0.80 0.82 0.85 0.87 0.90 0.94 0.97 1.02 1.06 1.12 1.17

4.00 0.71 0.73 0.75 0.78 0.80 0.82 0.86 0.88 0.93 0.97 1.03 1.07

4.50 0.66 0.68 0.69 0.72 0.74 0.76 0.79 0.82 0.86 0.90 0.95 0.99

5.00 0.61 0.63 0.65 0.67 0.69 0.71 0.74 0.76 0.80 0.83 0.88 0.93

7.00 0.49 0.50 0.52 0.53 0.55 0.57 0.59 0.61 0.64 0.67 0.71 0.74

10.00 0.39 0.40 0.41 0.42 0.43 0.45 0.47 0.48 0.51 0.53 0.56 0.58

20.00 0.24 0.25 0.26 0.26 0.27 0.28 0.29 0.30 0.32 0.33 0.35 0.37

30.00 0.18 0.19 0.20 0.20 0.21 0.21 0.22 0.23 0.24 0.25 0.27 0.28

1 Adapted from Suarez (1981).

2 Assumes a soil source of calcium from lime (CaCO 3 ) or silicates; no precipitation of magnesium, and

partial pressure of CO 2 near the soil surface (P CO2 ) is 0.0007 atmospheres.

3 Ca

x , HCO 3 , Ca are reported in meq/l; EC is in dS/m (deciSiemens per meter).

Because values will not always be quantified at the exact EC or HCO 3 – /Ca ++ ratio in the table, the

resulting Ca

x must be determined based on the closest value to the calculated value. For example, for a

calculated EC of 2.45 dS/m, the column for the EC of 2.0 would be used. However, for a calculated EC

of 5.1, the corresponding column for the EC of 6.0 would be used. Simi larly, for a HCO 3 – /Ca ++ ratio of

25.1, the row for the 30 ratio would be used.

The Division acknowledges that some effluents may have electrical conductivity levels that fall outside

of this table, and others have bicarbonate to calcium ratios that fall outside this table. For example,

some data reflect HCO 3 – /Ca ++ ratios greater than 30 due to bicarbonate concentrations reported greater

than 1000 mg/l versus calcium concentrations generally less than 10 mg/l (i.e., corresponding to HCO 3 –

/Ca ++ ratios greater than 100). Despite these high values exceeding the chart’s boundaries, it is notedPART I

Page 21 of 41

Permit No.: COG

- 840000

that the higher the HCO 3 – /Ca ++ ratio, the greater the SAR

- adj. Thus, using the Ca

x values corresponding

to the final row containing bicarbonate/calcium rat ios of 30, the permittee will actually calculate an

SAR

- adj that is less than the value calculated if additional rows reflecting HCO 3 – /Ca ++ ratios of greater

than 100 were added.

19. "Seven (7) day average" means, with the exception of fecal coliform or E. coli bacteria (see geometric

mean), the arithmetic mean of all samples collected in a seven (7) consecutive day period. Such seven

(7) day averages shall be calculated for all calendar weeks, which are defined as beginning on Sunday

and ending on Saturday . If the calendar week overlaps two months (i.e. the Sunday is in one month and

the Saturday in the following month), the seven (7) day average calculated for that calendar week shall

be associated with the month that contains the Saturday. Samples may n ot be used for more than one (1)

reporting period. (See the “Analytical and Sampling Methods for Monitoring and Reporting

Section in Part I.D.3 for guidance on calculating averages and reporting analytical results that are

less than the PQL).

20. "Thirty (30 ) day average" means, except for fecal coliform or E. coli bacteria (see geometric mean), the

arithmetic mean of all samples collected during a thirty (30) consecutive

- day period. The permittee shall

report the appropriate mean of all self

- monitoring samp le data collected during the calendar month on

the Discharge Monitoring Reports. Samples shall not be used for more than one (1) reporting period.

(See the “Analytical and Sampling Methods for Monitoring and Reporting Section in Part I.D.3

for guidance on calculating averages and reporting analytical results that are less than the PQL).

21. Toxicity Identification Evaluation (TIE) is a set of site

- specific procedures used to identify the specific

chemical(s) causing effluent toxicity.

22. “Total Inorganic Nitrogen (T.I.N.)” is an aggregate parameter determined based on ammonia, nitrate and

nitrite concentrations. To determine T.I.N. concentrations, the facility must monitor for total ammonia

and total nitrate plus nitrite (or nitrate and n itrite individually) on the same days. The calculated T.I.N.

concentrations in mg/L shall then be determined as the sum of the analytical results of same

- day

sampling for total ammonia (as N) in mg/L, and total nitrate plus nitrite (as N) in mg/L (or nitr ate as N

and nitrite as N individually). From these calculated T.I.N. concentrations, the daily maximum and

thirty (30) day average concentrations for T.I.N. shall be determined in the same manner as set out in the

definitions for the daily maximum and th irty (30) day average. (See the “Analytical and Sampling

Methods for Monitoring and Reporting Section in Part I.D.5 for guidance on calculating averages

and reporting analytical results that are less than the PQL).

23. "Total Metals" means the concentration of metals determined on an unfiltered sample following

vigorous digestion (Section 4.1.3), or the sum of the concentrations of metals in both the dissolved and

suspended fractions, as described in Manual of Methods fo r Chemical Analysis of Water and Waste s

, U.S. Environmental Protection Agency, March 1979, or its equivalent.

24. “Total Recoverable Metals” means that portion of a water and suspended sediment sample measured by

the total recoverable analytical procedure de scribed in Methods for Chemical Analysis of Water and

Wastes

, U.S. Environmental Protection Agency, March 1979 or its equivalent.

25. Toxicity Reduction Evaluation (TRE) is a site

- specific study conducted in a step

- wise process to identify

the causative agen ts of effluent toxicity, isolate the source of toxicity, evaluate the effectiveness ofPART I

Page 22 of 41

Permit No.: COG

- 840000

toxicity control options, and then confirm the reduction in effluent toxicity after the control measures are

put in place.

26. "Twenty four (24) hour composite" sample is a combination of at least eight (8) sample aliquots of at

least 100 milliliters, collected at equally spaced intervals during the operating hours of a facility over a

twenty

- four (24) hour period. For volatile pollutants, aliquots must be combined in the l aboratory

immediately before analysis. The composite must be flow proportional; either the time interval between

each aliquot or the volume of each aliquot must be proportional to either the wastewater or effluent flow

at the time of sampling or the total wastewater or effluent flow since the collection of the previous

aliquot. Aliquots may be collected manually or automatically.

27. "Twice Monthly" monitoring frequency means that two samples shall be collected each calendar month

on separate weeks with at least one full week between the two sample dates. Also, there shall be at least

one full week between the second sample of a month and the first sample of the following month.

28. “Two (2)

- Year Rolling Average”

- Antidegradation limits apply as the average of all data collected in a

two (2) year (24

- month) period. These limits become effective upon the effective date of the permit, but

are not reportable on a DMR until two years (typically 24 months) of data have been collected. After

data has been collec ted for 24 months, the 30

- day averages for each month are then averaged together to

determine the two

- year rolling average (using data from month 1 to month 24, then month 2 to month

25, month 3 to month 26, etc).

For ammonia, two

- year rolling averages may be set up for individual months, or may be grouped

together for several months. For individual months (every month has a different two

- year rolling

average limit) the two

- year average is reportable after two mont hs of data are collected.

Example: Permit is effective Jan 2010 and there is a two

- year rolling average limit specific to the

month of January.

Jan 2010 DMR

– Nothing to Report

Jan 2011 DMR

– 2

- Year Average of Jan 2010 and Jan 2011

Jan 2012 DMR

– 2

- Year Average of Jan 2011 and Jan 2012, etc.

Where several months have the same two

- year average limit, it is reportable on the DMR after two

months of data have been collected for every month in the group.

Example: Permit is effective Jan 2010 and there is a two

- year rolling average limit specific to the

months of Jan, Feb,

June.

1 st Reportable DMR

– June 2011

- 2

- Year Average Jan 2010 Feb 2010 June 2010 Jan 2011 Feb 2011

June 2011

2 nd Reportable DMR

– Jan 2012

- 2

- Year Average Feb 2010 June 20 10 Jan 2011 Feb 2011 June

2011 Jan 2012

3 rd Reportable DMR

– Feb 2012

- 2

- Year Average June 2010 Jan 2011 Feb 2011 June 2011 Jan

2012 Feb 2012, etc.PART I

Page 23 of 41

Permit No.: COG

- 840000

(See the “Analytical and Sampling Methods for Monitoring and Reporting Section in Part I.D.3

for guidance on calculating averages and reporting analytical results that are less than the PQL).

29. "Visual" observation is observing the discharge to check for the presence of a visible sheen or floating

oil.

30. "Water Quality Control Division" or "Division" means the state Water Quality Control Division as

established in 25

- 8

- 101 et al.)

Additional relevant definitions are found in the Colorado Water Quality Control Act, CRS §§ 25

- 8

- 101

et seq. , the Colorado Di scharge Permit System Regulations, Regulation 61 (5 CCR 1002

- 61) and other

applicable regulations.

E. GENERAL MONITORING, SAMPLING AND REPORTING REQUIREMENTS

1. Routine Reporting of Data

Reporting of the data gathered in compliance with Part I.A or Part I.B shall be on a monthly basis.

Reporting of all data gathered shall comply with the requirements of Part I.D. (General Requirements).

Monitoring results shall be summarized for each cal endar month and reported on Division approved

discharge monitoring report (DMR) forms (EPA form 3320

- 1).

The permittee must submit these forms either by mail, or by using the Division’s Net

- DMR service

(when available). If mailed, one form shall be mai led to the Division, as indicated below, so that the

DMR is received no later than the 28th day of the following month (for example, the DMR for the first

calendar quarter must be received by the Division by April 28th). If no discharge occurs during the

reporting period, "No Discharge" shall be reported.

The original signed copy of each discharge monitoring report (DMR) shall be submitted to the Division

at the following address:

Colorado Department of Public Health and Environment

Water Quality Control Division

WQCD

- P

- B2

4300 Cherry Creek Drive South

Denver, Colorado 80246

- 1530

The Discharge Monitoring Report forms shall be filled out accurately and completely in accordance with

requirements of this permit and the instructions on the forms. The y shall be signed by an authorized

person as identified in Part I.D.8.

2. Representative Sampling

Samples and measurements taken as required herein shall be representative of the volume and nature of

the monitored discharge. All samples shall be taken at the monitoring points specified in this permit

and, unless otherwise specified, before the effluen t joins or is diluted by any other wastestream, body of

water, or substance. Monitoring points shall not be changed without notification to and approval by the

Division.PART I

Page 24 of 41

Permit No.: COG

- 840000

3. Analytical and Sampling Methods for Monitoring and Reporting

The permittee shall install, calibrate, use and maintain monitoring methods and equipment, including

biological and indicated pollutant monitoring methods. All sampling shall be performed by the

permittee according to specified methods in 40 C.F.R. Part 1 36; methods approved by EPA pursuant to

40 C.F.R. Part 136; or methods approved by the Division, in the absence of a method specified in or

approved pursuant to 40 C.F.R. Part 136 (see text below for specifics on nonylphenol monitoring).

If the permit c ontains a numeric effluent limit for a parameter, the analytical method and PQL

selected for all monitoring conducted in accordance with this permit for that parameter shall be

the one that can measure at or below the numeric effluent limit. If all specif ied analytical methods

and corresponding PQLs are greater than the numeric effluent limit, then the analytical method

with the lowest PQL shall be used.

If the permit contains a report only requirement for a parameter, the analytical method and PQL

chos en shall be one that can measure at or below the potential numeric effluent limit(s) (maximum

allowable pollutant concentration as shown in the WQA or fact sheet). If all analytical methods

and corresponding PQLs are greater than the potential numeric effl uent limit (s), then the

analytical method with the lowest PQL shall be used.

If the permit contains an interim effluent limitation (a limit is report until such time as a numeric

effluent limit becomes effective) for a parameter, the analytical method and PQL chosen for all

monitoring conducted in accordance with this permit for the parameter shall be one that can

measure to the final numeric effluent limit. If all analytical methods and corresponding PQLs are

greater than the final numeric effluent lim it (s), then the analytical method with the lowest PQL

shall be used.

For parameters such as TIN, the analytical methods chosen shall be those that can measure to the

potential or final numeric effluent limit, based on the sum of the PQLs for nitrate, n itrite and

ammonia.

When the analytical method which complies with the above requirements has a PQL greater than

the permit limit, and the permittee’s analytical result is less than the PQL, the permittee shall

report "BDL" on the DMR. Such reports will not be considered as violations of the permit limit,

as long as the lowest available PQL is used for the analysis. When the analytical method which

complies with the above requirements has a PQL that is equal to or less than the permit limitation,

and the permittee’s analytical result is less than the PQL, “< X” (where X = the actual PQL

achieved by the laboratory) shall be reported on the DMR. For parameters that have a report

only limitation, and the permittee’s analytical result is less than the PQL, “ < X” (where X = the

actual PQL achieved by the laboratory) shall be reported on the DMR.

In the calculation of average concentrations (i.e. 7

- day average, 30

- day average, 2

- year rolling average)

any individual analytical result that is less than the PQL shall be considered to be zero for the calculation

purposes. When reporting:

If all individual analytical results are less than the PQL , the permittee shall report either “BDL” or

“<X” (where X = the actual PQL achieved by the laboratory), following the guidance above.PART I

Page 25 of 41

Permit No.: COG

- 840000

If one or more individual results is greater than the PQL , an average shall be calculated and reported.

Note that it does not matter if the final calculated average is greater or less than the PQL, it must be

reported as a value.

Not e that when calculating T.I.N. for a single sampling event, any value less than the PQL (for total

ammonia, total nitrite, or total nitrate) shall be treated as zero. The T.I.N. concentration for a single

sampling event shall then be determined as the sum of the analytical results (zeros if applicable) of

same day sampling for total ammonia and total nitrite and total nitrate. From these calculated T.I.N.

concentrations, the daily maximum and thirty day average concentrations shall be calculated and

must be reported as a value.

The present lowest PQLs for specific parameters, as determined by the State Laboratory (November

2008) are provided below. If the analytical method cannot achieve a PQL that is less than or equal to the

permit limit, then the meth od, or a more precise method, must achieve a PQL that is less than or equal to

the PQL in the table below. A listing of the PQLs for organic parameters that must meet the above

requirement can be found in the Division’s Practical Quantitation Limitation G uidance Document, July

2008.

For nonylphenol, until such time as there is an EPA 40 CFR Part 136 method, the State is

approving use of ASTM Methods D7065 and D7485. Until a statewide PQL has been developed,

the permittee shall use either the default P QLs listed in the table below, or develop their own site

specific PQL in accordance with the Practical Quantitation Limitation Guidance Document (July

2008) for Organic Parameters. This document is available on the Division’s website at

www.coloradowaterpermits.com . The delayed effective date for the monitoring requirement

allows time for the permittee to develop a site

- specific PQL.

These limits apply to the total recoverable or the potentially dissolved fraction of metals.

For hexavalent chromium, samples must be unacidified so dissolved concentrations will be measured

rather than potentially dissolved concentrations.PART I

Page 26 of 41

Permit No.: COG

- 840000

Parameter Practical

Quantitation

Limits, Parameter Practical

Quantitation

Limits, μg/l

Aluminum 50 μg/l Mercury 0.1 μg/l

Ammonia 1 mg/l Mercury (low

- level) 0.003 μg/l

Arsenic 1 μg/l Nickel 50 μg/l

Barium 5 μg/l N

- Ammonia 50 μg/l

Beryllium 1 μg/l N Nitrate/Nitrite 0.5 mg/l

BOD / CBOD 1 mg/l N

- Nitrate 50 μg/l

Boron 50 μg/l N

- Nitrite 10 μg/l

Cadmium 1 μg/l Total Nitrogen 0.5 mg/l

Calcium 20 μg/l Phenols 100 μg/l

Chloride 2 mg/l Phosphorus 10 μg/l

Chlorine 0.1 mg/l Radium 226 1 pCi/l

Total Residual

Chlorine Radium 228 1 pCi/l

DPD colorimetric 0.10 mg/l Selenium 1 μg/l

Amperometric titration 0.05 mg/l Silver 0.5 μg/l

Chromium 20 μg/l Sodium 0.2 mg/l

Chromium, Hexavalent 20 μg/l Sulfate 5 mg/l

Copper 5 μg/l Sulfide 0.2 mg/l

Cyanide (Direct /

Distilled) 10 μg/l Total Dissolved

Solids 10 mg/l

Cyanide, WAD+A47 5 μg/l Total Suspended

Solids 10 mg/l

Fluoride 0.1 mg/l Thallium 1 μg/l

Iron 10 μg/l Uranium 1 μg/l

Lead 1 μg/l Zinc 10 μg/l

Magnesium 20 μg/l Nonylphenol

D7065 10 μg/l

Manganese 2 μg/l Nonylphenol

D7485 0.33 μg/l

4. Records

The permittee shall establish and maintain records. Those records shall include the following:

a. The date, type, exact location, and time of sampling or measurements;

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

c. The date(s) the analyses were performed ;

d. The individual(s) who performed the analyses;

e. The analytical techniques or methods used;

f. The results of such analyses; and

g. Any other observations which may result in an impact on the quality or quantity of the discharge

as indicated in 40 CFR 122.44 ( i)(1)(iii).PART I

Page 27 of 41

Permit No.: COG

- 840000

The permittee shall retain for a minimum of three (3) years records of all monitoring information,

including all original strip chart recordings for continuous monitoring instrumentation, all calibration

and maintenance records, copies of all reports required by this permit and records of all data used to

complete the application for this permit. This period of retention shall be extended during the course of

any unresolved litigation regarding the discharge of pollutants by the permittee or when requested by the

Division or EPA.

5. Flow Measuring Device

If not already a part of the permitted facility, within ninety (90) days after the effective date of the

permit, a flow measuring device shall be installed to give representative values of effluent quantities at

the respective discharge points. Unless spe cifically exempted, or modified in Part I.A of this permit, a

flow measuring device will be applicable at all designated discharge points.

At the request of the Division, the permittee shall show proof of the accuracy of any flow

- measuring

device used in obtaining data submitted in the monitoring report. The flow

- measuring device must

indicate values within ten (10) percent of the actual flow being discharged from the facility.

6. Signatory and Certification Requirements

a. All reports and other information required by the Division, shall be signed and certified for

accuracy by the permittee in accord with the following criteria:

i) In the case of corporations, by a responsible corporate officer. For purposes of this section,

the responsible corporate officer is responsible for the overall operation of the facility from

which the discharge described in the form originates;

ii) In the case of a partnership, by a general partner;

iii) In the case of a sole proprietorship, by the proprietor;

iv) In the case of a municipal, state, or other public facility, by either a principal executive

officer, or ranking elected official. For purposes of this section, a principal executive officer has

r esponsibility for the overall operation of the facility from which the discharge originates;

v) By a duly authorized representative of a person described above, only if:

1) The authorization is made in writing by a person described in i, ii, iii, or iv above;

2) The authorization specifies either an individual or a position having responsibility for

the overall operation of the regulated facility or activity such as the position of plant manager,

operator of a well or a well field, superintendent, position of equi valent responsibility, or an

individual or position having overall responsibility for environmental matters for the

company. (A duly authorized representative may thus be either a named individual or any

individual occupying a named position); and,

3) The written authorization is submitted to the Division.PART I

Page 28 of 41

Permit No.: COG

- 840000

b. If an authorization as described in this section is no longer accurate because a different individual

or position has responsibility for the overall operation of the facility, a new authorization satisfying

the requirements of this section must be submitted to the Division prior to or together with any

reports, information, or applications to be signed by an authorized representative.

The permittee, or the duly authorized representative shall make and sign the following certification

on all such documents:

"I certify under penalty of law that this document and all attachments were prepared under my

direction or supervision in accordance with a system designed to assure that qualified personnel

pr operly gather and evaluate the information submitted. Based on my inquiry of the person or

persons who manage the system, or those persons directly responsible for gathering the information,

the information submitted is to the best of my knowledge and bel ief, true, accurate and complete. I

am aware that there are significant penalties for submitting false information, including the

possibility of fine and imprisonment for knowing violations."PART II

Page 29 of 41

Permit No.: COG

- 840000

PART II

A. NOTIFICATION REQUIREMENTS

1. Notification to Parties

All notification requirements under this section shall be directed as follows:

a. Oral Notifications

, during normal business hours shall be to:

Water Quality Protection Section

- Industrial Compliance Program

Water Quality Control Division

Telephone: (303) 692

- 3500

b. Written notification shall be to:

Water Quality Protection Section

- Industrial Compliance Program

Water Quality Control Division

Colorado Department of Public Health and Environment

WQCD

- WQP

- B2

4300 Cherry Creek Drive South

Denver, CO 80246

- 1530

2. Change in Discharge

The permittee shall notify the Division, in writing, of any planned physical alterations or additions to the

permitted facility. Notice is required only when:

a. The alteration or addition could significantly change the nature or increase the quantity of

pollutants discharged, or;

b. 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 perm it, including notification of additional use or

disposal sites not reported pursuant to an approved land application plan.

The permittee shall give advance notice to the Division of any planned changes in the permitted facility

or activity which may result in noncompliance with permit requirements.

Whenever notification of any planned physical alterations or additions to the permitted facility is

required pursuant to this section, the permittee shall furnish the Division such plans and specifications

which the Division deems reasonably necessary to evaluate the effect on the discharge, the stream, or

ground water. If the Division finds that such new or altered discharge might be inconsistent with the

conditions of the permit, the Division shall requi re a new or revised permit application and shall follow

the procedures specified in Sections 61.5 through 61.6, and 61.15 of the Colorado Discharge Permit

System Regulations.PART II

Page 30 of 41

Permit No.: COG

- 840000

3. Special Notifications

- Definitions

a. Bypass: The intentional diversion of waste streams from any portion of a treatment facility.

b. Severe Property Damage: Substantial physical damage to property at the treatment facilities

which causes them to become inoperable, or substantial and permanent loss of natural resources

which can reason ably be expected to occur in the absence of a bypass. It does not mean economic

loss caused by delays in production.

c. Upset: An exceptional incident in which there is unintentional and temporary noncompliance

with 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 preventative maintenance, or

careless or improper operation.

4. Noncompliance Notification

a. If, for any reason, the permittee does not comply with or will be unable to comply with any

discharge limitations or standards specified in this permit, the permittee shall, at a minimum, provide

the Division and EPA with the following information:

i) A des cription of the discharge and cause of noncompliance;

ii) The period of noncompliance, including exact dates and times and/or the anticipated time

when the discharge will return to compliance; and

iii) Steps being taken to reduce, eliminate, and prevent recurrence of the noncomplying

discharge.

b. The permittee shall report the following circumstances orally within twenty

- four (24) hours

from the time the permittee becomes aware of the circumstances, and shall mail to the Division a

written report containing the information requested in Part II.A.4 (a) within five (5) working days

after becoming aware of the following circumstances:

i) Circ umstances leading to any noncompliance which may endanger health or the environment

regardless of the cause of the incident;

ii) Circumstances leading to any unanticipated bypass which exceeds any effluent limitations in

the permit;

iii) Circumstances leading to any upset which causes an exceedance of any effluent limitation in

the permit;

iv) Daily maximum violations for any of the pollutants limited by Part I.A of this permit and

specified as requiring 24

- hour notification. This includes any toxic pollutant or hazardousPART II

Page 31 of 41

Permit No.: COG

- 840000

substance or any pollutant specifically identified as the method to control any toxic pollutant or

hazardous substance.

c. Unless otherwise indicated in this permit, the permittee shall report instances of non

- compliance

which are not required to be reported within 24

- hours at the time Discharge Monitoring Reports are

submitted. The reports shall contain the information liste d in sub

- paragraph (a) of this section.

5. Other Notification Requirements

Reports of compliance or noncompliance with, or any progress reports on, interim and final requirements

contained in any compliance schedule in the permit shall be submitted no later than fourteen (14)

calendar days following each scheduled date, unless otherwise provided by the Division.

The permittee shall notify the Division, in writing, thirty (30) calendar days in advance of a proposed

transfer of permit as provided in Part II.B.3.

The permittee's notification of all anticipated noncompliance does not stay any permit condition.

All existing manufacturing, commercial, mining, and silvicultural dischargers must notify the Division

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 per mit, if that discharge will exceed

the highest of the following "notification levels":

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

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

micrograms per liter (500 μg/l) for 2.4

- dinitrophenol and 2

- methyl

- 4.6

- dinitrophenol; and one

milligram per liter (1.0 mg/l) for antimony;

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

application in accordance with Section 61.4(2)(g).

iv) The level established by the Division in accordance with 40 C.F.R. § 122.44(f).

b. That any activity has occurred or will occur which would result in any discharge, on a non

routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge

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

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

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

iii) Ten (10) times the maximum concentration value reported for that pollutant in the permit

application.PART II

Page 32 of 41

Permit No.: COG

- 840000

iv) The level established by the Division in accordance with 40 C.F.R. § 122.44(f).

6. Bypass Notification

If the permittee knows in advance of the need for a bypass, a notice shall be submitted, at least ten (10)

calendar days before the date of the bypass, to the Division. The bypass shall be subject to Division

approval and limitations imposed by the Division. Violations of requirements imposed by the Division

will constitute a vio lation of this permit.

7. Upsets

a. Effect of an Upset

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

effluent limitations if the requirements of paragraph (b) of this section are met. No determination

made during administrative review of claims that noncomplian ce was caused by upset, and before an

action for noncompliance, is final administrative action subject to judicial review.

b. Conditions Necessary for a Demonstration of Upset

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

properly signed contemporaneous operating logs, or other relevant evidence that:

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

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

iii) The permittee submitted proper notice of the upset as required in Part II.A.4. of this permit

(24

- hour notice); and

iv) The permittee complied with any remedial measure necessary to minimize or prevent any

discharge or sludge use or disposal in violation of this permit which has a reason able likelihood

of adversely affecting human health or the environment.

In addition t o the demonstration required above, a permittee who wishes to establish the affirmative

defense of upset for a violation of effluent limitations based upon water quality standards shall also

demonstrate through monitoring, modeling or other methods that th e relevant standards were

achieved in the receiving water.

c. Burden of Proof

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

burden of proof.PART II

Page 33 of 41

Permit No.: COG

- 840000

8. Discharge Point

Any discharge to the waters of the State from a point source other than specifically authorized by this

permit is prohibited.

9. 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 as necessary to achieve

compliance with the conditions of this permit. Proper operation and maintenance includes effective

performance and adequate laboratory and process controls, including appr opriate quality assurance

procedures (40 CFR 122.41(e)). This provision requires the operation of back

- up or auxiliary facilities

or similar systems which are installed by the permittee only when necessary to achieve compliance with

the conditions of the permit.

10. Minimization of Adverse Impact

The permittee shall take all reasonable steps to minimize or prevent any discharge of sludge use or

disposal in violation of this permit which has a reasonable likelihood of adversely affecting human

health or the environment. As necessary, accelerated or additional monitoring to determine the nature

and impact of the noncomplying discharge is required.

11. Removed Substances

Solids, sludges, or other pollutants removed in the course of treatment or control of wastewaters shall be

disposed in accordance with applicable state and federal regulations.

For all domestic wastewater treatment works, at industrial facilities, the permittee shall dispose of sludge

in accordance with all State and Federal regulations.

12. Submission of Incorrect or Incomplete Information

Where the permittee failed to submit any relevant facts in a permit application, or submitted incorrect

information in a permit application or report to the Division, the permittee shall promptly submit the

relevant information which was not submitted or any additional information needed to correct any

erroneous information previously submitted.

13. Bypass

a. Bypasses are prohibited and the Division may take enforcement action against the permittee for

bypass, unless:

i) The bypass is unavoidable to prevent loss of life, personal injury, or severe property damage;

ii) There were no feasible alternatives to 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 thePART II

Page 34 of 41

Permit No.: COG

- 840000

exercise of reasonable engineering judgment to prevent a bypass which occurred during normal

periods of equipment downtime or preventive maintenance; and

iii) Proper notices were submitted in compliance with Part II.A.4.

b. "Severe property damage" as used in this Subsection means substantial physical 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 th e absence of a bypass. Severe

property damage does not mean economic loss caused by delays in production.

c. The permittee may allow a bypass to occur which does not cause effluent limitations to be

exceeded, but only if it also is for essential maintenanc e or to assure optimal operation. These

bypasses are not subject to the provisions of paragraph (a) above.

d. The Division may approve an anticipated bypass, after considering adverse effects, if the

Division determines that the bypass will meet the condit ions specified in paragraph (a) above.

14. Reduction, Loss, or Failure of Treatment Facility

The permittee has the duty to halt or reduce any activity if necessary to maintain compliance with the

effluent limitations of the permit. Upon reduction, loss, or failure of the treatment facility, the permittee

shall, to the extent necessary to maintain compliance with its permit, control production, control sources

of wastewater, or all discharges, until the facility is restored or an alternative method of treatm ent is

provided. This provision also applies to power failures, unless an alternative power source sufficient to

operate the wastewater control facilities is provided.

It shall not be a defense for a permittee in an enforcement action that it would be n ecessary to halt or

reduce the permitted activity in order to maintain compliance with the conditions of this permit.

B. RESPONSIBILITIES

1. Inspections and Right to Entry

The permittee shall allow the Division and/or the authorized representative, upon the presentation of

credentials:

a. To enter upon the permittee's premises where a regulated facility or activity is located or in which

any records are required to be kept under the terms and conditions of this permit;

b. At reasonable times to have access to and copy any records required to be kept under the terms

and conditions of this permit and to inspect any monitoring equipment or monitoring method

required in the permit; and

c. To enter upon the permittee's premises in a reasonable manner and at a reasonable time to inspect

and/or investigate, any actual, suspected, or potential source of water pollution, or to ascertain

compliance or non compliance with the Colorado Water Qualit y Control Act or any other applicable

state or federal statute or regulation or any order promulgated by the Division. The investigationPART II

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may include, but is not limited to, the following: sampling of any discharge and/or process waters,

the taking of pho tographs, interviewing of any person having knowledge related to the discharge

permit or alleged violation, access to any and all facilities or areas within the permittee's premises

that may have any affect on the discharge, permit, or alleged violation. Such entry is also authorized

for the purpose of inspecting and copying records required to be kept concerning any effluent source.

d. The permittee shall provide access to the Division to sample the discharge at a point after the

final treatment process bu t prior to the discharge mixing with state waters upon presentation of

proper credentials.

In the making of such inspections, investigations, and determinations, the Division, insofar as

practicable, may designate as its authorized representatives any qualified personnel of the Department of

Agriculture. The Division may also request assistance from any other state or local agency or institution.

2. Duty to Provide Information

The permittee shall furnish to the Division, within a reasonable time, any in formation which the

Division may request to determine whether cause exists for modifying, revoking and reissuing, or

terminating this permit, or to determine compliance with this permit. The permittee shall also furnish to

the Division, upon request, copi es of records required to be kept by this permit.

3. Transfer of Ownership or Control

a. Except as provided in paragraph b. of this section, a permit may be transferred by a permittee

only if the permit has been modified or revoked and reissued as provided in Section 61.8(8) of the

Colorado Discharge Permit System Regulations, to identify the new permittee and to incorporate

such other requirements as may be necessary under the Federal Act.

b. A permit may be automatically transferred to a new permittee if:

i) The current permittee notifies the Division in writing 30 calendar days in advance of the

proposed transfer date; and

ii) The notice includes a written agreement between the existing and new permittee(s)

containing a specific date for transfer of permit responsibility, coverage and liability between

them; and

iii) The Division does not notify the existing permittee and the proposed new permittee of its

intent to modify, or revoke and reissue the permit.

iv) Fee requirements of the Colorado Discharge Permit System Regulations, Section 61.15, have

been met.

4. Availabili ty of Reports

Except for data determined to be confidential under Section 308 of the Federal Clean Water Act and the

Colorado Discharge Permit System Regulations 5 CCR 1002

- 61, Section 61.5(4), all reports prepared inPART II

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

Division and the Environmental Protection Agency.

The name and address of the permit applicant(s) and permittee(s), permit applications, permits and

e ffluent data shall not be considered confidential. Knowingly making false statement on any such report

may result in the imposition of criminal penalties as provided for in Section 309 of the Federal Clean

Water Act, and Section 25

- 8

- 610 C.R.S.

5. Modification, Suspension, Revocation, or Termination of Permits By the Division

The filing of a request by the permittee for a permit modification, revocation and reissuance, termination

or a notification of planned changes or anticipated noncompliance, d oes not stay any permit condition.

a. A permit may be modified, suspended, or terminated in whole or in part during its term for

reasons determined by the Division including, but not limited to, the following:

i) Violation of any terms or conditions of the permit;

ii) Obtaining a permit by misrepresentation or failing to disclose any fact which is material to

the granting or denial of a permit or to the establishment of terms or conditions of the permit; or

iii) Material ly false or inaccurate statements or information in the permit application or the

permit.

iv) A determination that the permitted activity endangers human health or the classified or

existing uses of state waters and can only be regulated to acceptable levels by permit

modifications or termination.

b. A permit may be modified in whole or in part for the following causes, provided that such

modification complies with the provisions of Section 61.10 of the Colorado Discharge Permit

System Regulations:

i) There are material and substantial alterations or additions to the permitted facility or activity

which occurred after permit issuance which justify the application of permit conditions that are

different or absent in the existing permit.

ii) The Division has received new info rmation which was not available at the time of permit

issuance (other than revised regulations, guidance, or test methods) and which would have

justified the application of different permit conditions at the time of issuance. For permits issued

to new sou rces or new dischargers, this cause includes information derived from effluent testing

required under Section 61.4(7)(e) of the Colorado Discharge Permit System Regulations. This

provision allows a modification of the permit to include conditions that are less stringent than the

existing permit only to the extent allowed under Section 61.10 of the Colorado Discharge Permit

System Regulations.PART II

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iii) The standards or regulations on which the permit was based have been changed by

promulgation of amended standards or regulations or by judicial decision after the permit was

issued. Permits may be modified during their terms for this cause only as follows:

(A) The permit condition requested to be modified was based on a promulgated effluent

limitation guideline, EPA approved water quality standard, or an effluent limitation set forth

in 5 CCR 1002

- 62, § 62 et seq.; and

(B) EPA has revised, withdrawn, or modified that portion of the regulation or effluent

limitation guideline on which the permit condition was based, or ha s approved a Commission

action with respect to the water quality standard or effluent limitation on which the permit

condition was based; and

(C) The permittee requests modification after the notice of final action by which the EPA

effluent limitation guidel ine, water quality standard, or effluent limitation is revised,

withdrawn, or modified; or

(D) For judicial decisions, a court of competent jurisdiction has remanded and stayed EPA

promulgated regulations or effluent limitation guidelines, if the remand and stay concern that

portion of the regulations or guidelines on which the permit condition was based and a

request is filed by the permittee in accordance with this Regulation, within ninety (90) days

of judicial remand.

iv) The Division determines that good cause exists to modify a permit condition because of

events over which the permittee has no co ntrol and for which there is no reasonable available

remedy.

v) The permittee has received a variance.

vi) When required to incorporate applicable toxic effluent limitation or standards adopted

pursuant to § 307(a) of the Federal act.

vii) When required by the reopener conditions in the permit.

viii) As necessary under 40 C.F.R. 403.8(e), to include a compliance schedule for the development

of a pretreatment program.

ix) When the level of discharge of any pollutant which is not limited in the permit exceeds the

level which can be achieved by the technology

- based treatment requirements appropriate to the

permittee under Section 61.8(2) of the Colorado Discharge Permit Syste m Regulations.

x) To establish a pollutant notification level required in Section 61.8(5) of the Colorado

Discharge Permit System Regulations.

xi) To correct technical mistakes, such as errors in calculation, or mistaken interpretations of law

made in determi ning permit conditions, to the extent allowed in Section 61.10 of the Colorado

State Discharge Permit System Regulations.PART II

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xii) When required by a permit condition to incorporate a land application plan for beneficial

reuse of sewage sludge, to revise an existing land application plan, or to add a land application

plan.

xiii) For any other cause provided in Section 61.10 of the Colorad o Discharge Permit System

Regulations.

c. At the request of a permittee, the Division may modify or terminate a permit and issue a new

permit if the following conditions are met:

i) The Regional Administrator has been notified of the proposed modification or termination

and does not object in writing within thirty (30) calendar days of receipt of notification,

ii) The Division finds that the permittee has shown reasonable grounds consis tent with the

Federal and State statutes and regulations for such modifications or termination;

iii) Requirements of Section 61.15 of the Colorado Discharge Permit System Regulations have

been met, and

iv) Requirements of public notice have been met.

d. Permit modification (except for minor modifications), termination or revocation and reissuance

actions shall be subject to the requirements of Sections 61.5(2), 61.5(3), 61.6, 61.7 and 61.15 of the

Colorado Discharge Permit System Regulations. The Divisio n shall act on a permit modification

request, other than minor modification requests, within 180 calendar days of receipt thereof. Except

for minor modifications, the terms of the existing permit govern and are enforceable until the newly

issued permit is formally modified or revoked and reissued following public notice.

e. Upon consent by the permittee, the Division may make minor permit modifications without

following the requirements of Sections 61.5(2), 61.5(3), 61.7, and 61.15 of the Colorado Discharge

Permit System Regulations. Minor modifications to permits are limited to:

i) Correcting typographical errors; or

ii) Increasing the frequency of monitoring or reporting by the permittee; or

iii) Changing an interim date in a schedule of compliance, provided the new date of compliance

is not more than 120 calendar days after the date specific in the existing permit and does not

interfere with attainment of the final compliance date requirement; or

iv) Allowing for a transfer in ownership or operational control of a facility where the Division

determines that no other change in the permit is necessary, provided that a written agreement

containing a specific date for transfer of permit responsibility, cov erage and liability between the

current and new permittees has been submitted to the Division; orPART II

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v) Changing the construction schedule for a discharger which is a new source, but no such

change shall affect a discharger's obligation to have all pollution c ontrol equipment installed and

in operation prior to discharge; or

vi) Deleting a point source outfall when the discharge from that outfall is terminated and does

not result in discharge of pollutants from other outfalls except in accordance with permit limi ts.

f. When a permit is modified, only the conditions subject to modification are reopened. If a permit

is revoked and reissued, the entire permit is reopened and subject to revision and the permit is

reissued for a new term.

g. The filing of a request by the permittee for a permit modification, revocation and reissuance or

termination does not stay any permit condition.

h. All permit modifications and reissuances are subject to the antibacksliding provisions set forth in

61.10(e) through (g).

6. Oil and Hazardous Substance Liability

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 to

under Section 311 (Oil and Hazardous Substance Liability) of the Clean Water Act.

7. State Laws

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 established pursuant to any applicable State

law or regulation under authority granted b y Section 510 of the Clean Water Act. Nothing in this permit

shall be construed to prevent or limit application of any emergency power of the division.

8. Permit Violations

Failure to comply with any terms and/or conditions of this permit shall be a viola tion of this permit. The

discharge of any pollutant identified in this permit more frequently than or at a level in excess of that

authorized shall constitute a violation of the permit. Except as provided in Part I.D and Part II.A or B,

nothing in this pe rmit shall be construed to relieve the permittee from civil or criminal penalties for

noncompliance (40 CFR 122.41(a)(1)).

9. Property Rights

The issuance of this permit does not convey any property or water rights in either real or personal

property, or stream flows, or any exclusive privileges, nor does it authorize any injury to private property

or any invasion of personal rights, nor any inf ringement of Federal, State or local laws or regulations.PART II

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10. Severability

The provisions of this permit are severable. If any provisions of this permit, or the application of any

provision of this permit to any circumstance, is held invalid, the applicati on of such provision to other

circumstances and the application of the remainder of this permit shall not be affected.

11. Renewal Application

If the permittee desires to continue to discharge, a permit renewal application shall be submitted at least

one hundred eighty (180) calendar days before this permit expires. If the permittee anticipates there will

be no discharge after the expiration dat e of this permit, the Division should be promptly notified so that

it can terminate the permit in accordance with Part II.B.5.

12. Confidentiality

Any information relating to any secret process, method of manufacture or production, or sales or

marketing data which has been declared confidential by the permittee, and which may be acquired,

ascertained, or discovered, whether in any sampling investigat ion, emergency investigation, or

otherwise, shall not be publicly disclosed by any member, officer, or employee of the Commission or the

Division, but shall be kept confidential. Any person seeking to invoke the protection of this Subsection

(12) shall be ar the burden of proving its applicability. This section shall never be interpreted as

preventing full disclosure of effluent data.

13. Fees

The permittee is required to submit payment of an annual fee as set forth in the 2005 amendments to the

Water Quality Control Act. Section 25

- 8

- 502 (l) (b), and the Colorado Discharge Permit System

Regulations 5 CCR l002

- 61, Section 61.l5 as amended. Failure to submit the required fee when due and

payable is a violation of the permit and will result in enforcemen t action pursuant to Section 25

- 8

- 60l et.

seq., C.R.S. l973 as amended.

14. Duration of Permit

The duration of a permit shall be for a fixed term and shall not exceed five (5) years. Filing of a timely

and complete application shall cause the expired permit to continue in force to the effective date of the

new permit. The permit's duration may be extended only through administrative extensions and not

through interim modifications.

15. Section 307 Toxics

If a toxic effluent standard or prohibition, including any applicable schedule of compliance specified, is

established by regulation pursuant to Section 307 of the Federal Act for a toxic pollutant which is

present in the permittee's discharge and such standard or prohibition is more stringent than any limitation

upon such pollutant in the discharge permit, the Division shall institute proceedings to modify or revoke

and reissue the permit to conform to the toxic effluent standard or prohibition.PART II

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16. Effect of Permit Issuance

a. The issuance of a permit does not convey any property rights or any exclusive privilege.

b. The issuance of a permit does not authorize any injury to person or property or any invasion of

personal rights, nor does it authorize the infringement of federal, state, or local laws or regulations.

c. Except for any toxic effluent standard or prohibition imposed under Section 307 of the Federal

act or any standard for sewage sludge use or disposal under Section 405(d) of the Federal act,

compliance with a permit during its term constitutes compliance, for purposes of enforcement, with

Sections 301, 302, 3 06, 318, 403, and 405(a) and (b) of the Federal act. However, a permit may be

modified, revoked and reissued, or terminated during its term for cause as set forth in Section 61.8(8)

of the Colorado Discharge Permit System Regulations.

d. Compliance with a permit condition which implements a particular standard for sewage sludge

use or disposal shall be an affirmative defense in any enforcement action brought for a violation of

that standard for sewage sludge use or disposal.