### DISCLAIMER The full text of certain NPDES permits and the asso ciated fact sheets has been made available to provide online access to this public information. EPA is making permits and fact sheets available electronically to provide convenient access for inte rested public parties and as a reference for permit writers. The ownership of these documents lies with the permitting authority, typically a State with an authorized NPDES program. While EPA makes every effort to ensure that this web site remains current and contains the final version of the active permit, we cannot guarantee it is so. For example, there may be some delay in posting modifications made after a permit is i ssued. Also note that not all active permits are currently available electronically. Only permits and fact sheets for which the full text has been provided to Headquarters by the permitting authority may be made available. Headquarters has requested the full text only for permits as they are issued or reissued, beginning November 1, 2002. Please contact the appropriate permitting authority (either a State or EPA Regional office) prior to acting on this information to ensure you have th e most up-to-date permit and/or fact sheet. EPA recognizes the official version of a permit or fact sheet to be the version designated as such and appropriately stored by the respective permitting authority. The documents are gathered from all permitting au thorities, and all documents thus obtained are made available electronically, with no screening for completeness or quality. Thus, availability on the website does not constitute endorsement by EPA.State Permit Number WPCC 3193C/76 NPDES Permit Number DE 0000051 Effective Date: January 1, 2007 Expiration Date: December 31, 2011 AUTHORIZATION TO DISCHARGE UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM AND THE LAWS OF THE STATE OF DELAWARE In compliance with the provisions of the Federal Wate r Pollution Control Act, as amended by the Clean Water Act of 1977 (33 U.S.C. 1251 et seq.) (hereinafter referr ed to as "the Act"), and pursuant to the provisions of 7 Del. C., 6003

E. I. DuPont de Nemours & Company Chemical & Pigments Department Edge Moor, Delaware 19809 is authorized to discharge from the facility (Point Sources 001, 002, 003, 004, 005, 006, 007, 008, 009, and 010) located at 104 Hay Road Edge Moor, Delaware

to receiving waters named Delaware River (Point Sources 001, 002, 003, 004, 006, 007, 008, and 009) and Shellpot Creek (Point Sources 005 and 010) The effluent limitations, monitoring requirements and other permit conditions are set forth in Part I, II and III hereof.

______________/S /______________________ ___________11/29/2006
_____________ R. Peder Hansen, P.E., Manager Date Signed Surface Water Discharges Section Division of Water Resources Department of Natural Resources and Environmental ControlEffective Date: January 1, 2007 Part I Expiration Date: December 31, 2011 State Permit Number WPCC 3193C/76 NPDES Permit Number DE 0000051 Page 2 of 30 Pages

Part I
A. General Description of Discharges and Facilities
1. Permitted Discharges and Site Map
Outfall 001 - Effluent from the wa stewater treatment system. Outfall 002 - Noncontact cooling water from the fe rric chloride heat exchanger and storm water. Outfall 003 - Noncontact cooling water from Line II (reacti on, purification, oxidation, finishing activities, and hydrocyclone) operations and storm water. Outfall 004 - Storm Water discharge from plant areas. Outfall 005 - Storm Water discharge from plant areas to ditch along Hay Road; the ditch discharges into Shellpot Creek. Outfalls 006, 007, 008, and 009 - Storm Water disc harge from plant areas to Delaware River. Outfall 010 - Storm Water discharge from plant areas to highway catch basin; the catch basin discharges into Shellpot Creek. Site Map

001-Existing 39°45'15.7" 001-Diffuser 39°45'15.7" .002 39°45'09.8" .003 39°44'41.3" .004 39°44'51.8" .005 39°45'01.4" .006 39°45'09.6" .007 39°44'57.8" .008 39°44'54.4" .009 39°45'01.0" .010 39°45'02.3" Outfall Latitude Longitude -75°29'32.3" -75°29'32.3" -75°29'42.6" -75°30'01.4" -75°29'52.7" -75°30'09.3" -75°29'42.7" -75°29'47.6" -75°29'49.7" -75°29'44.5" -75°30'05.3"Effective Date: January 1, 2007 Part I Expiration Date: December 31, 2011 State Permit Number WPCC 3193C/76 NPDES Permit Number DE 0000051 Page 3 of 30 Pages
A. General Description of Discharges and Facilities (continued)
2. Site Location MapEffective Date: January 1, 2007 Part I Expiration Date: December 31, 2011 State Permit Number WPCC 3193C/76 NPDES Permit Number DE 0000051 Page 4 of 30 Pages
A. General Description of Disch arges and Facilities (continued)
3. Process Diagram


### EDGEMOOR PLANT W ASTEW ATER TREATMENT SYSTEM PROCESS DIAGRAM FOR OUTFALL 001

To W eir Box Filtrate Solids Some Rain W ater Noncontact Cooling W ater Process W

ater Some Rain W ater

Powerhouse Noncontact Cooling W ater Some Rain W ater

Kiln Area Process W ater, Some Rain W ater

South Line Tank FeCl2, FeCl3, HCl,

Process W ater

HCl E

HCl W W

e e e e er e E m e r g e n c y D i v e r s i o n L i n e

Line II

Lift Station North Clarifier

South Clarifier
Holding Tank aste ater Lift Station Neut. Cell 2

Neut. Cell 1

Lim Slurry Slaker Lim Storage Man hole Man hole Emergency Diversion Pond

W eir Box Split Box Rental Filter Press

Rental Filter Press

Pond

HCl Neutralizer Storage

Tank Iron Rich Solids

Iron Rich Solids

NaOH HCl Storage Polymer Polymer

Lim Lim Filter W ater

Caustic Caustic Polym

Lim

FeCl3 HCl & Caustic S l u d g e

Sludge

Sludge Overflow

Overflow

Filtrate From Filter Press Filter Press Building

D i s c h a r g e

0 0 1--

--

--

--

--

--

--

--

-- -- -- Effective Date: January 1, 2007 Part I Expiration Date: December 31, 2011 State Permit Number WPCC 3193C/76 NPDES Permit Number DE 0000051 Page 5 of 30 Pages
B. Effluent Limitations and Monitoring Requirements
1. Outfall 001 – INTERIM EFFLUENT LIMITA TIONS AND MONITORING REQUIREMENTS During the period beginning effective date and la sting to three years after the effective date 1 , the permittee is authorized to discharge from point source 001 2 the quantity and quality of effluent specified below:

Effluent Limitations Monitoring Requirements 3 Parameter Daily Average Load Daily Maximum Units Daily Average Concentration Daily Maximum Maximum Instantaneous Units Measurement Frequency Sample Type

Flow 4 5.2 mgd Continuous Record/ Totalize The pH shall be between 6.0 S.U. and 9.0 S.U. for 99% of the time during any calendar month. The total excursion time allowed for any calendar month is 446 minutes. No individual excursion shall exceed 60 minutes. pH Continuous Record The permittee shall report the total ti me of pH excursions and the longest S.U. time of an individual excursion during each calendar month in the Discharge Monitoring Report (DMR). 112.0 °F Continuous Record
5 1300 1866 lbs/day 30.0 43.0 mg/L Composite Solids (TSS) 868 1950 lbs/day 20.0 45.0 mg/L Composite 87 130 lbs/day 2.0 3.0 mg/L Composite lbs/day mg/L Composite 6.5 10.0 lbs/day 0.15 0.23 mg/L Composite 4.3 8.7 lbs/day 0.10 0.20 mg/L Composite Nickel, Total 8.7 13.0 lbs/day 0.20 0.30 mg/L Composite ) lbs/day mg/L Composite lbs/day ug/L 5 Composite Trichloroethene lbs/day ug/L lbs/day ug/L Biomonitoring Composite

6 2.2x10 l /day 5.1x10 -9 ug/L 7 Composite Temperature BOD Once per month Total Suspended Three times per week Iron, Total Three times per week Calcium Chloride Once per week Chromium, Total Once per month Lead, Total Once per quarter Once per quarter Hardness (as CaCO3 Once per quarter 1,2 dichloroethane Once per quarter Tetrachloroethene See Special Conditions Nos. 5, 6, 7, 8, and 9, beginning on page 23 of this permit. See Part I.C.1.a, “Schedule of Compliance”. Once per quarter Dioxins and Furans, Total (as TEQ) -10 bs Once per quarter The discharge shall be free from floating solids, sludge deposits, debris, oil and scum. Samples taken in compliance with the monitoring requir ements specified above shall be taken at the following location: at the discharge of Outfall 001 to the Delaware River. See Special Condition No. 4 on page 22 of this permit.

1 See Part I.C.1, “Schedule of Compliance”. 2 Outfall 001 consists of effluent from the process wastewater treatment system. 3 Report “nondetected” testing results on the discharge monitori ng report (DMR) as “<” and the applicable test MDL. For exam ple, if BOD5 is “nondetected” using a test method with an MDL of 2.4 mg/L, report “< 2.4 mg/L” on the DMR. 4 Report both average daily and maximum daily fl ows on the discharge monitoring report (DMR). 5 Use EPA Method 601 GC/HAL. Report 1,2 dichloroethane, tric hloroethene, and tetrachloroethene in the quarterly DMR. Further , once per year, report the entire suite of compounds generated using Method 601 GC /HAL testing for all monitoring events during the reporting y ear to both the DRBC and the Department. Annual results shall be submitted in bot h electronic format and hardcopy; format is subject to the ap proval of DNREC. 6 The limit is for the “total toxic equivalence (TEQ) to 2,3,7,8-TCDD”, defined in Special Condition No. 11, beginning on page 26 of this permit. Also see Part III.A., Special Conditions No s. 12 and 13, beginning on page 27 of this permit, For DMR reporting, “EMPC’s” and values below the Minimum Level (“ML”) of the test method shall be reported as "0". 7 See Part III.A., Special Conditions Nos. 11 and 13, beginning on page 26 of this permit.--

--

--

--

--

--

--

--

--

--

--

-- -- --

-- -- -- Effective Date: January 1, 2007 Part I Expiration Date: December 31, 2011 State Permit Number WPCC 3193C/76 NPDES Permit Number DE 0000051 Page 6 of 30 Pages
B. Effluent Limitations and Monitoring Requirements (continued)
2. Outfall 001 – FINAL EFFLUENT LIMITA TIONS AND MONITORING REQUIREMENTS During the period beginning three years after the effective date and lasting through expiration date 1 , the permittee is authorized to discharge from point source 001 2 the quantity and quality of effluent specified below:

Effluent Limitations Monitoring Requirements 3 Parameter Daily Average Load Daily Maximum Units Daily Average Concentration Daily Maximum Maximum Instantaneous Units Measurement Frequency Sample Type

Flow 4 5.2 mgd Continuous Record/ Totalize The pH shall be between 6.0 S.U. and 9.0 S.U. for 99% of the time during any calendar month. The total excursion time allowed for any calendar month is 446 minutes. No individual excursion shall exceed 60 minutes. pH Continuous Record The permittee shall report the total ti me of pH excursions and the longest S.U. time of an individual excursion during each calendar month in the Discharge Monitoring Report (DMR). 112.0 °F Continuous Record
5 1300 1866 lbs/day 30.0 43.0 mg/L Composite Solids (TSS) 868 1950 lbs/day 20.0 45.0 mg/L Composite 87 130 lbs/day 2.0 3.0 mg/L Composite Calcium Chloride lbs/day mg/L Composite 6.5 10.0 lbs/day 0.15 0.23 mg/L Composite 4.3 8.7 lbs/day 0.10 0.20 mg/L Composite Nickel, Total 8.7 13.0 lbs/day 0.20 0.30 mg/L Composite ) lbs/day mg/L Composite lbs/day ug/L 5 Composite Trichloroethene lbs/day ug/L lbs/day ug/L Acute Whole Effluent i 6 5.5 7 -- TUa Composite

8 2.2x10 l /day 5.1x10 -9 ug/L 9 Composite PCBs Composite Temperature BOD Once per month Total Suspended Three times per week Iron, Total Three times per week Once per week Chromium, Total Once per month Lead, Total Once per quarter Once per quarter Hardness (as CaCO3 Once per quarter 1,2 dichloroethane Once per quarter Tetrachloroethene Toxic ty Once per quarter Dioxins and Furans, Total (as TEQ) -10 bs Once per quarter See Part III.A., Special Conditions Nos. 11 and 13, beginning on page 26 of this permit.. The discharge shall be free from floating so lids, sludge deposits, debris, oil and scum. Samples taken in compliance with the monitoring requir ements specified above shall be taken at the following location: at the discharge of Outfall 001 into the diffuser pipe. See Special Condition No. 4 on page 22 of this permit.

1 See Part I.C. , “Schedule of Compliance”. 2 Outfall 001 consists of effluent from the process wastewater treatment system. 3 Report “nondetected” testing results on the discharge monitori ng report (DMR) as “<” and the applicable test MDL. For exam ple, if BOD5 is “nondetected” using a test method with an MDL of 2.4 mg/L, report “< 2.4 mg/L” on the DMR. 4 Report both average daily and maximum daily fl ows on the discharge monitoring report (DMR). 5 Use EPA Method 601 GC/HAL. Report 1,2 dichloroethane, tric hloroethene, and tetrachloroethene in the quarterly DMR. Further , once per year, report the entire suite of compounds generated using Method 601 GC /HAL testing for all monitoring events during the reporting y ear to both the DRBC and the Department. Annual results shall be submitted in bot h electronic format and hardcopy; format is subject to the ap proval of DNREC. 6 See Special Conditions Nos. 5, 6, 7, 8, and 9, beginning on page 23 of this permit. See Part I.C.1, “Schedule of Compliance ”. 7 Calculation of compliance with the whole effluent toxici ty limit will be based upon a 4 quarter moving average. Also, DuPon t requested an alternative mixing zone under §4.20.5A.1.f. of the DRBC's Water Q uality Regulations by letter dated August 14, 2006. If the DR BC approves the requested mixing zone of 12.1 meters r adius around each diffuser port, then an average limit 6.9 TUa will be effective. 8 The limit is for the “total toxic equivalence (TEQ) to 2,3,7,8-TCDD”, defined in Special Condition No. 11, beginning on page 26 of this permit. Also see Part III.A., Special Conditions No s. 12 and 13, beginning on page 27 of this permit, For DMR reporting, “EMPC’s” and values below the Minimum Level (“ML”) of the test method shall be reported as "0". 9 See Part III.A., Special Conditions Nos. 11 and 13, beginning on page 26 of this permit.--

-- Effective Date: January 1, 2007 Part I Expiration Date: December 31, 2011 State Permit Number WPCC 3193C/76 NPDES Permit Number DE 0000051 Page 7 of 30 Pages
B. Effluent Limitations and Monitoring Requirements (continued )
3. Outfall 002 -- EFFLUENT LIMITATI ONS AND MONITORING REQUIREMENTS During the period beginning effective date and lasting through expiration date, the permittee is authorized to discharge from point source 002 1 the quantity and quality of effluent specified below:

Parameter 2 Load Sample Units Units

3 2.89 mgd Continuous Record/
110.0 °F Continuous Record

pH r T t i S.U. Continuous Record

Solids (TSS) lbs/day mg/L Composite 4 lbs/day mg/L Composite 4



### discharges from Outfall 002. 1 Effluent Limitations Monitoring Requirements Concentration Measurement Frequency Type Daily Average Daily Maximum Daily Average Daily Maximum Maximum Instantaneous Flow Totalize Temperature The pH shall be between 6.0 S.U. and 9.0 S.U. for 99% of the time during any calendar month. The total excursion time allowed for any calendar month is 446 minutes. No individual excu sion shall exceed 60 minutes.

he permittee shall report the total time of pH excursions and the longest ime of an individual excursion dur ng each calendar month in the Discharge Monitoring Report (DMR). Total Suspended twice per month Iron, Total twice per month See Part III.A., Special Conditions Nos. 10, 14, and 15 beginning on page 25 of this permit. The discharge shall be free from floating solids, sludge deposits, debris, oil and scum. 

### The requirements of this page will appl y when DuPont re-starts non-stormwater Until then, the requirement s under Part I.B.5, “Outfalls 002, 004, 005, 006, 007, 008, 009, and 010 -- EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS” on page 9 shall apply to Outfall 002. Samples taken in compliance with the monitoring requir ements specified above shall be taken at the following location: at the outfall weir. See Part III.A., Special Condition No. 4 on page 22 of this permit.

1 Outfall 002 consists of noncontact cooling water from the Aqua Fox process and storm water. At the time of permit issuance, the Aqua Fox process is not in use, and the Outfall 002 discharge contains only stormwater. DuPont must notify the Department of planned re-s tart of the non-stormwater discharge from Outfall 002, in accordance with the Notification requirements of Part II.A., “Management Requirements”, Subpart 2.a. “Notification of Planned Changes” on page 15 of this permit. See Footnote 4 on page 9 of this permit. 2 Report “nondetected” testing results on the discharge monitoring report (DMR) as “<” and the applicable test MDL. For example, if BOD5 is “nondetected” using a test method with an MDL of 2.4 mg/L, report “< 2.4 mg/L” on the DMR. 3 Report both average daily and maximum daily fl ows on the discharge monitoring report (DMR). 4 A composite sample of the river intake shall also be take n. The intake composite sample shall begin before, but not more than four (4) hours before, beginning the effluent composite sample.--

-- Effective Date: January 1, 2007 Part I Expiration Date: December 31, 2011 State Permit Number WPCC 3193C/76 NPDES Permit Number DE 0000051 Page 8 of 30 Pages
B. Effluent Limitations and Monitoring Requirements (continued )
4. Outfall 003 -- EFFLUENT LIMITATI ONS AND MONITORING REQUIREMENTS During the period beginning effective date and lasting through expiration date, the permittee is authorized to discharge from point source 003 1 the quantity and quality of effluent specified below:

Parameter 2 Load Sample Units Units

3 5.9 mgd Continuous 112.0 °F Continuous Record

pH calendar month.

(DMR). S.U. Continuous Record

Solids (TSS) lbs/day mg/L 4 Composite4 lbs/day mg/L Effluent Limitations Monitoring Requirements Concentration Measurement Frequency Type Daily Average Daily Maximum Daily Average Daily Maximum Maximum Instantaneous Flow Record/Totalize Temperature The pH shall be between 6.0 S.U. and 9.0 S.U. for 99% of the time during any The total excursion time allowed for any calendar month is 446 minutes. No individual ex cursion shall exceed 60 minut es. The permittee shall report the total time of pH excursions and the longest time of an individual excursion during each calendar month in the Discharge Monitoring Report Total Suspended twice per month Composite Iron, Total twice per month See Part III.A., Special Conditions Nos. 10, 14, and 15 beginning on page 25 of this permit. The discharge shall be free from floating solids, sludge deposits, debris, oil and scum.

Samples taken in compliance with the monitoring requiremen ts specified above shall be taken at the following location: at the outfall weir. See Part III.A., Special Condition No. 4 on page 22 of this permit.

1 Outfall 003 consists of noncontact cooling water from Line II (reaction, purification, oxidation, finishing activities, and hydrocyclone) operations and storm water. 2 Report “nondetected” testing results on the discharge m onitoring report (DMR) as “<” and the applicable test MDL. For example, if BOD5 is “nondetected” using a test method with an MDL of 2.4 mg/L, report “< 2.4 mg/L” on the DMR. 3 Report both average daily and maximum daily fl ows on the discharge monitoring report (DMR). 4 A composite sample of the river intake shall also be take n. The intake composite sample shall begin before, but not more than four (4) hours before, beginning the effluent composite sample.-- -- --

-- -- --

-- -- -- Effective Date: January 1, 2007 Part I Expiration Date: December 31, 2011 State Permit Number WPCC 3193C/76 NPDES Permit Number DE 0000051 Page 9 of 30 Pages
B. Effluent Limitations and Monitoring Requirements (continued )
5. Outfalls 002, 004, 005, 006, 007, 008, 009, and 010 -- EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS During the period beginning effective date and lasting through expiration date, the permittee is authorized to discharge from point sources 004, 005, 006, 007, 008, 009, and 010 1 the quantity and quality of effluent specified below:

2 Parameter Load Units Units Sample

Dissolved Organic Carbon lbs/day lbs/day mg/L mg/L 3 composites lbs/day mg/L Outfalls 002 4

PCBs Effluent Limitations Monitoring Requirements
Daily Average Daily Maximum Daily Average Concentration Daily Maximum Maximum Instantaneous Measurement Frequency Type Outfall 004 Only Total Organic Carbon once per year Total Suspended Solids , 004, 005, 006, 007, 008, 009, and 010 Dioxins and Furans See Part III.A., Special Conditions Nos. 11 and 13. Only storm water may be discharged from these outfalls. The discharges shall be free from floating solids, sludge deposits, debris, oil and scum. Samples taken in compliance with the monitoring requir ements specified above shall be taken at the following location: at the outfall weir. See Part III.A., Special Condition No. 4 on page 22 of this permit.

1 See Part I.A.1 on page 2 for descripti ons of these stormwater discharges. 2 Monitoring and reporting apply to Outfall 004. Other stormwater outfalls will be monitored and reported pursuant to

the requirements of Part I.C.1.b., the “S chedule of Compliance” of this permit. 3 Outfall 004 monitoring for dissolved organic carbon, total or ganic carbon, and total suspended solids shall be once per

year. Samples for these parameters shall be taken at the sa me time as the samples for congeners of PCBs, dioxins, and furans. 4 Outfall 002 consists of noncontact cooling water from the Aqua Fox process and storm water. At the time of permit

issuance, the Aqua Fox process is not in use, and the Outfa ll 002 discharge contains only stormwater. DuPont must notify the Department of planned re-start of the non-stormwat er discharge from Outfall 002, in accordance with the Notification requirements of Part II.A., “Management Requirements”, Subpart 2.a. “Notification of Planned Changes” on page 15 of this permit. The requirements of this perm it page shall apply to Outfall 002 unless the permit re-starts non-stormwater discharges from Outfall 002. See Footnote 1 on page 6 of this permit.Effective Date: January 1, 2007 Part I Expiration Date: December 31, 2011 State Permit Number WPCC 3193C/76 NPDES Permit Number DE 0000051 Page 10 of 30 Pages

C. Schedule of Compliance
1. The permittee shall comply with the requirements here in as soon as possible, but in no event later than the dates set forth in the following schedule:

a. No later than three years after the effective date of this permit, the permittee shall reduce acute whole effluent toxicity for Outfall 001.
b. The permittee shall submit annual reports to t he Department, due February 28 of each year, describing progress towards reducing acute whole effluent toxicity.

c. The permittee will install an effluent diffuser within the 3 years period that complies with the final whole effluent toxicity limit.

2. No later than 14 calendar days following a date ident ified in the above schedule of compliance, the permittee shall submit either a report of progress or, in the case of specific actions being required by identified dates, a written notice of compliance or noncompliance. In t he latter case, the notice shall include the cause of noncompliance, any remedial actions taken, and the pr obability of meeting the next scheduled requirement.
D. Monitoring and Reporting
1. Representative Sampling Samples and measurements taken as required herein sha ll be representative of the volume and nature of the monitored discharge.
2. Reporting Monitoring results obtained during the previous one (1) month shall be summarized for each month and reported on a Discharge Monitoring Report Form (“DM R”, EPA Form No. 3320-1), postmarked no later than the 28th day of the month following the completed reporting period. Elec tronically-generated DMR forms may be used, if approved by the Department in writing. Signed copies of these, and all ot her reports required herein, shall be submitted to the Department at the following address: STATE OF DELAWARE DEPT. OF NATURAL RESO URCES AND ENVIRONMENTA L CONTROL, DIVISION OF WATER RESOURCES, SURFACE WATER DIS CHARGES SECTION, R & R BUILDING, 89 KINGS HIGHWAY, DOVER, DELAWARE 19901 TELEPHONE: (302) 739-9946 FACSIMILE: (302) 739-8369 3. Definitions

a. “Average daily loading” means the total discharge by weight during a calendar month divided by the number of days in the month that the production or commerc ial facility was operating. Where less than daily sampling is required, the daily av erage discharge shall be determined by the summation of all the measured daily discharges by weight divided by the num ber of days during the calendar month when the measurements were made.
b. “Average monthly discharge” or “daily average discharge” is the arithmetic mean of all daily discharges during a calendar month, calculated as the sum of all daily discharges sampled and/or measured during the month divided by the number of daily discharge s sampled or measured during such month.

c. “Average monthly effluent limitation” or “daily average effluent limitation” means the highest allowableEffective Date: January 1, 2007 Part I Expiration Date: December 31, 2011 State Permit Number WPCC 3193C/76 NPDES Permit Number DE 0000051 Page 11 of 30 Pages average of daily discharges over a calendar month.
d. “Best management practices” or “BMP’s” means sc hedules of activities, prohibitions of practices, maintenance procedures and other management practices or measures to prevent or reduce the discharge of pollutants. BMP’s include but are not limited to: structural and nonstructural controls; treatment requirements; operating procedures and practices to c ontrol spills or leaks, sludge or waste disposal, or drainage from raw material storage. BMPs can be applied before, during and after pollution generating activities to reduce or eliminate the introduction of pollutants into receiving waters.

e. “Biosolids” refers to the biomass or biological sludge generated or produced by biological wastewater treatment processes. f. “Bypass” means the intentional diversion of wa stes from any portion of a treatment facility.
g. “Composite sample” means a combination of individu al samples obtained at specified intervals over a given time period, generally 24 hours. In collecting a composite sample of a discharge othe r than a discharge of storm water or storm runoff (a non-storm water discharge), either: a) the volume of each individual sample is proportional to the discharge flow rate or b) the sampling interval is proportional to the discharge flow rate and the volume of each individual sample is constant. For a continuous no n-storm water discharge, a minimum of 24 individual grab samples shall be collected and combined to constitute a 24 hour composite sample. For intermittent non-storm water discharges 4 hours or more in dura tion, the number of individual grab samples collected and combined to constitute a composite sample shall at a minimum be equal to the duration of the discharge in hours but not less than 12. For intermit tent non-storm water discharges of less than 4 hours, the minimum number of individual grab samples collected and combined to constitute a composite sample shall be equal to the duration of the discharge in hours times 3 but not less than 3 samples.
h. “Daily discharge” means the total discharge meas ured during a calendar day or any 24-hour period that reasonably represents the calendar day for sampling purpose s. For pollutants with limitations expressed in units of mass, the daily discharge is calculated as t he total mass of a pollutant discharged over a calendar day or the equivalent 24-hour period. For polluta nts with limitations expressed in other units of measurement, the daily discharge is calculated as the average measurement of the pollutant over a calendar day or the equivalent 24-hour period.
i. “Daily maximum effluent limitation” is the highest to tal mass of a pollutant allowed to be discharged during a calendar day or, in the case of a pollutant limit ed in terms other than mass, the highest average concentration or other measurement of the pollutant specified during the calendar day, or any 24-hour period that reasonably represents t he calendar day for sampling purposes. j. “Daily maximum temperature” is the highest arit hmetic mean of the temperature observed for any two (2) consecutive hours during a 24-hour day, or during the operating day if flows are of shorter duration.
k. “Direct Responsible Charge” or “DRC” means on-l ocation accountability for, and on-location performance of, active daily operation (including Technical Supervis ion, Administrative Supervision, or Maintenance Supervision) for a Wastewater Facility, an operating shift of a system or a facility, or a major segment of a system or facility.
l. “Estimate” is that based on a tec hnical evaluation of the sources contribut ing to the discharge including, but not limited to, pump capabilities, water meters and batch discharge volumes.

m. “Grab sample” is an individual sample collected in less than 15 minutes.

n. “I/S” (immersion stabilization) means the immersion of a calibrated device in the effluent stream until the reading is stabilized.Effective Date: January 1, 2007 Part I Expiration Date: December 31, 2011 State Permit Number WPCC 3193C/76 NPDES Permit Number DE 0000051 Page 12 of 30 Pages

o. “Maximum instantaneous concentration” or “MIC” is the highest allowable measured concentration of a pollutant, obtained by analyzing a grab sample of the discharge.
p. “Measured flow” is any method of liquid volume measurement the accuracy of which has been previously demonstrated in engineering practice, or for which a relationship to absolute volume has been obtained.
q. “Method Detection Limit” or “MDL” means the lowe st concentration of a subs tance which can be measured with 99 percent confidence that the analyte concentra tion is greater than zero and is determined from analysis of a sample in a given matrix containing the analyte.

r. “Minimum analytical level” or “MAL” means the lo west concentration of a subs tance that can be quantified within specified limits of interlaboratory precis ion and accuracy under routine laboratory operating conditions in the matrix of concern. When there is insufficient interlaboratory study data, the “MAL” may be determined through the use of a multiplier of 5 to 10 times the method detection level or “MDL”.

s. “Monthly average temperature” is the arithmetic mean of temperature measurements made on an hourly basis, or the mean value plot of the record of a continuous automated temperature recording instrument, either during a calendar month, or during the operating month if flows are of shorter duration.
t. “Non-contact cooling water” is t hat which is contained within a leak-free system, i.e. has no contact with any gas, liquid or solid other than the container used for transport.

u. “Nuisance condition” is any condition that, as a re sult of pollutant addition to a surface water, causes unreasonable interference with the designated uses of the waters or the uses of the adjoining land areas.

v. “Operator” means any person employed or appointed by any owner, and who is designated by such owner to be the person controlling the operati ons of the treatment works, includ ing direct actions, decisions or evaluations which affect the quality of the discharge, and whose duties include testing or evaluation to control treatment works operations.

w. “Pollution prevention” means any practice which re sults in a lesser quantity of emissions released or discharged prior to out-of-process recycling, treatment or control, as measured on a per-unit-of-production basis.

x. “Severe property damage” means substantial physical damage to property, damage to the treatment facilities which would cause them to become inoper able, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production.
y. “Sewage” means the water carried human or animal wastes from septic tanks, water closets, residences, buildings, industrial establishments or other places to gether with such groundwate r infiltration, subsurface water, storm inflow, admixture of industrial wastes, or other wastes as may be present.

z. “Sewage sludge” means any solid, semi-solid or li quid residue removed during the treatment of municipal wastewater or domestic sewage, including but not lim ited to, solids removed during primary, secondary or advanced wastewater treatment, scum, septage, por table toilet pumpings and sewage sludge products. aa. “Sludge” means the accumulated semi-liquid suspen sion, settled solids, or dried residue of these solids removed by any surface water or groundwater treatment facility or any liquid waste treatment facility or works, whether or not such solids have undergone treatment. bb. “Upset” means an exceptional incident in which t here is unintentional and temporary noncompliance with technology-based permit effluent limitations becaus e of factors beyond the re asonable control of the permittee. The basis for specific effluent limitations c an be found in this permit’s fact sheet. An upset does not include noncompliance to the extent caused by operational erro r, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation.Effective Date: January 1, 2007 Part I Expiration Date: December 31, 2011 State Permit Number WPCC 3193C/76 NPDES Permit Number DE 0000051 Page 13 of 30 Pages

cc. “Whole effluent toxicity” means t he aggregate toxic effect of an effluent or discharge measured directly by a toxicity test.
4. Test Procedures Test procedures for the analysis of pollutants shall conform to the applicable test procedures identified in 40 C.F.R., Part 136, unless otherwise specified in this permit.
5. Quality Assurance Practices The permittee is required to show the validity of all data by requiring its laboratory to adhere to the following minimum quality assurance practices:

a. Duplicate 1 and spiked 2 samples must be run for each constituent in the permit on 5% of the samples, or at least on one sample per month, whichever is greater. If the analysis frequency is less than one sample per month, duplicate and/or spiked samples must be run for each analysis.
b. For spiked samples, a known amount of each cons tituent is to be added to the discharge sample. The amount of constituent added should be approximately t he same amount present in the unspiked sample, or must be approximately that stated as maxi mum or average in the discharge permit.

c. The data obtained in a and b shall be summarized in an annual report in terms of precision, percent recovery, and the number of duplicate and spiked samp les run, date and laboratory log number of samples run, and name of analyst. The report shall cover the calendar year, January 1 through December 31, and shall be submitted to the Department, postmarked no la ter than the February 15 following the fourth quarter of reporting.
d. Precision shall be calculated by the formula, standard deviation s = ( ∑ d2/k) 1⁄2 , where d is the difference between duplicate results, and k is the number of duplicate pairs used in the calculations.

e. Percent recovery shall be reported on the basis of the formula R = 100 (F-I)/A, where F is the analytical result of the spiked sample, I is the result before sp iking of the sample, and A is the amount of constituent added to the sample. f. The percent recovery, R, in e above shall be summar ized yearly in terms of mean recovery and standard deviation from the mean. The formula, s = ( ∑ (x- ̄ x)2/(n-1)) 1⁄2 , where s is the standard deviation around the mean  ̄ x, x is an individual recovery value, and n is the number of data points, shall be applied.
g. The permittee or its contract laboratory is required to annually analyze an external quality control reference sample for each pollutant. These are available thr ough the EPA regional quality as surance coordinator, or other EPA-approved supplier. Result s shall be included in the Annual Report, required in paragraph c above.
h. The permittee and/or its contract laboratory is required to maintain an up-to-date and continuous record of the method used, of any deviations from the method or options employed in the reference method, of reagent standardization, of equipment calibrati on and of the data obtained in a, b and f above.
i. If a contract laboratory is utiliz ed, the permittee shall report the name and address of the laboratory and the

1 Duplicate samples are not required for the followi ng parameters: color, temperature, and turbidity. 2 Spiked samples are not required for the following parameters: acidity, alkalinity, bacteriological, benzidine, chlorine, color, dissolved oxygen, hardness, pH, oil & grease, radiol ogical, residues, temperature, turbidity, BOD 5, and total suspended solids. Procedures for spiking samples are available through the Regional Quality Assurance Coordinator.Effective Date: January 1, 2007 Part I Expiration Date: December 31, 2011 State Permit Number WPCC 3193C/76 NPDES Permit Number DE 0000051 Page 14 of 30 Pages parameters analyzed together with the monitoring data required. 6. Records

a. For each measurement or sample taken pursuant to the requirements of this permit, the permittee shall record the following information: 1) The date, exact place and time of sampling or measurements; 2) The person(s) who perform ed the sampling or measurements; 3) The date(s) and time(s) analyses were performed; 4) The individual(s) who performed each analysis; 5) The analytical techniques or methods used; 6) The results of each analysis; and 7) The quality assurance information as stated above.
b. An operator log must be kept on site at all times. Th is log should include time spent at the treatment facility on any date, and the nature of oper ation and maintenance performed.
7. Additional Monitoring by Permittee If the permittee monitors any pollutant at the location(s ) designated herein more frequently than required by this permit, using approved analytical methods as specified abov e, the results of such monitoring shall be included in the calculation and reporting of t he values required in the Discharge Monitoring Report Form (EPA No. 3320­ 1). Such increased frequency shall also be indicated.
8. Records Retention All records and information resulting from the monitoring activities required by this permit including hard copies of any electronically generated Dischar ge Monitoring Reports, all records of analyses performed, records of calibration and maintenance of instrumentation, and recording from continuous monitoring instrumentation shall be retained for three (3) years. This period of retention shall be extended automatically during the course of any unresolved litigation regarding t he regulated activity or regarding control standards applicable to the permittee, or as requested by the Department.Effective Date: January 1, 2007 Part II Expiration Date: December 31, 2011 State Permit Number WPCC 3193C/76 NPDES Permit Number DE 0000051 Page 15 of 30 Pages

Part II
A. MANAGEMENT REQUIREMENTS
1. Duty to Comply

a. The permittee must comply with all the cond itions of this permit. All discharges authorized herein shall be consistent with the terms and conditions of this permit.
b. The discharge of any pollutant more frequently than, or at a level in excess of that identified and authorized herein shall constitute a violation of the terms and conditions of this permit. The violation of any effluent limitation or of any other condition specified in this permit is a violation of 7 Del. C ., Chapter 60, and the Act and is grounds for enforcement as provided in 7 Del. C . §§6005, 6013, and 6018, for permit terminat ion or loss of authorization to discharge pursuant to this permit, for permit revocation and reissuance, or permit modification, or denial of a permit renewal application. The Department may seek voluntary compliance by way of warning, notice or other educational means, pursuant to 7 Del. C. §6019, or any other means authorized by law. However, the Law does not require that such voluntary means be used before proceeding by way of compulsory enforcement.

c. A ny person violating Sections 301, 302, 306, 307, 318, or 405 of the Clean Water Act or any permit condition or limitation implementing such sections in a permit issued under Section 402 of the Act is subject to civil, administrativ e, and/or criminal penalties as set forth in 40 CFR 122.41(a)(2).
2. Notification

a. Notification of Planned Changes The permittee shall notify the Department in wr iting of any anticipated expansion or alteration of this permitted facility, any production increases, process modificati ons, or other changes which could result in new, different or increas ed discharges of pollutants. Notice is required only when such alteration, addition or change: 1) may justify the application of permit conditi ons that are different from those specified in this permit, or 2) may justify the application of permit cond itions that are absent from this permit, or 3) meets any one of the following criteria: a) The alteration or addition to this permi tted facility may meet one of the criteria for determining whether a facility is a new source, as defined in Section 2 of the Department's Regulations Governing the Control of Water Pollution, as amended May 14, 2003; or b) As a result of the alteration or addition , the nature of the discharge is or could be substantially different from that represented in the application originally submitted for the discharge(s) authorized herein, up on which this permit is based; or c) The alteration or addition results in a significant change in the permittee’s sludge use or disposal practices, including any uses or disposal sites not identified in theEffective Date: January 1, 2007 Part II Expiration Date: December 31, 2011 State Permit Number WPCC 3193C/76 NPDES Permit Number DE 0000051 Page 16 of 30 Pages application for this permit or during th is permit’s issuance process; or d) The planned change in permitted facility or activity may result in noncompliance with the requirements of this permit. Upon notification of a planned change, the Depa rtment may require the submission of a new application. The permittee is encouraged to notify the Department and submit any application well in advance of the scheduled date for the anticipated alteration or addition to allow sufficient time to process any modifications of this permit necessitated by the change and to avoid any resultant project delays.
b. Notification of Noncompliance The permittee shall report all instances of nonc ompliance with this permit to the Department as outlined herein: 1) If, for any reason, the permittee does not comp ly with or will be unable to comply with any daily maximum effluent limitation or maximu m instantaneous concentration specified in this permit, the permittee shall report such incident within 24 hours and provide the Department with the following information, in writing, within five (5) days of becoming aware of such conditions: a) A description of the disc harge and cause of noncompliance; b) The period of noncompliance, including exact dates and times and if the noncompliance has not been corrected, the anticipated time when the discharge will return to compliance; and c) Actions taken or to be taken to reduce , eliminate, and prevent recurrence of the noncomplying discharge. 2) If, for any reason, the permittee does no t comply with any daily average or average monthly effluent limitation or standard specif ied in this permit, the permittee shall provide the information outlined above in paragraph b. 1) with the discharge monitoring report (DMR) submitted in accordance wi th Part I.D.2. of this permit. 3) In the case of any upset or unanticipat ed bypass that exceeds any permitted effluent or discharge limitation, the permittee shall notify the Department within 24 hours. If this notification is provided orally, a writt en report shall be submitted within 5 days. 4) In the case of any discharge subject to any toxic pollutant effluent standard under Section 307(a) of the Act, the permittee shall notify t he Department within 24 hours from the time the permittee becomes aware of a noncomplying discharge. Notification shall include the information outlined above in paragraph b.1). If this information is provided orally, a written submission covering these points shall be provided within five days of the time the permittee becomes aware of the circumstances covered by this paragraph. 5) In the case of any other discharges wh ich could constitute a threat to human health, welfare, or the environment, the informati on required above in paragraph b.1) shall be provided as quickly as possible upon di scovery and after activating the appropriate emergency site plan, unless circumstances exist which make such a notification impossible. A delay in notification shall not be considered a violation of this permit when the act of reporting may delay the mitigation of the discharge and/or the protection of public health and the environment. A written submission covering these points must beEffective Date: January 1, 2007 Part II Expiration Date: December 31, 2011 State Permit Number WPCC 3193C/76 NPDES Permit Number DE 0000051 Page 17 of 30 Pages provided within five days of the time the permittee becomes aware of the circumstances covered by this paragraph. 6) The permittee shall report all instance s of noncompliance not ot herwise reported under the preceding paragraphs at the time the discharge monitoring report (DMR) is submitted. The report shall contain the information outlined above in paragraph b.1). 7) The Department may waive the written report as required herein on a case-by-case basis, if an oral report was provided within 24 hours.

c. Reporting Discharge(s) of Pollutants Pursuant to 7 Del. C. §6028 Any person who causes or contributes to the disc harge of a pollutant into waters of the State or the United States either in excess of any c onditions specified in this permit or in absence of a specific permit condition shall report such an incident to the Department as required under 7 Del. C. §6028. 3. Facilities Operation The permittee shall at all times maintain in good working order and operate as efficiently as possible all collection and treatment facilities and systems (and related appurtenances) installed or used by the permittee for water pollution contro l and abatement to achieve compliance with the terms and conditions of this permit. Proper oper ation and maintenance includes but is not limited to, effective performance (based upon the fac ilities' design), adequate funding, effective management, adequate operator staffing and training, and adequate laboratory and process controls including appropriate quality assuranc e procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems, when necessary, to achieve compliance with the terms and conditions of this permit.
4. Adverse Impact The permittee shall take all reasonable steps to minimize any adverse impact to State waters resulting from noncompliance with this permit, including such accelerated or additional monitoring as necessary to determine the nature and extent of the noncomplying discharge.
5. Failure The permittee, in order to maintain compliance with this permit, shall control production and all discharges as necessary upon reduction, loss, or failure of the treatment facility until the treatment facility is restored or an alternative method of treatment is provided. The need to halt or reduce the permitted activity in order to maintain compliance with this permit shall not be a defense for a permittee in any enforcement action.
6. Alternative Power Source In order to ensure compliance with the terms and conditions of this permit, the Department may require that the permittee provide an alternativ e power supply which is sufficient to operate the permittee’s wastewater collection, c onveyance and treatment facilities.
7. Removed Substances Any solids, sludges, filter backwas h, or other pollutants removed in the collection, conveyance or treatment of wastewater shall be disposed of in such manner as to prevent any pollutant from such materials from entering surface waters or groundwaters.Effective Date: January 1, 2007 Part II Expiration Date: December 31, 2011 State Permit Number WPCC 3193C/76 NPDES Permit Number DE 0000051 Page 18 of 30 Pages

8. Bypass

a. The Secretary may prohibit the intentional diversion or bypass of waste streams from any portion of the facility regulated herein in consideration of the adverse effect of the proposed bypass or where the proposed bypass does not m eet the conditions set forth below in Part II.A.8.b.
b. The intentional diversion or bypass of waste streams from any portion of the facility regulated herein is prohibited unless: 1) The bypass is necessary to perform essential maintenance and auxiliary equipment, a redundant or back-up system or an alternat e mode of operation is utilized to maintain treatment performance; or 2) The following four conditions are met: a) Bypass is unavoidable to prevent loss of human life, personal injury or severe property damage; b) There are no feasible alternatives to by pass, such as the use of auxiliary treatment facilities, retention of unt reated wastes, plant shutdown or maintenance during normal periods of equipment down-time. This condition is not satisfied if adequate back-up equipment should have been install ed in the exercise of reasonable engineering judgment to prevent the bypass; c) The permittee notifies the Department of the bypass or of the need to bypass as outlined below in paragraph 8.c below; and d) The permittee is utilizing or will utilize al l available alternative operating procedures or interim control measures to reduce t he impact of the bypass on State waters.

c. Notice 1) If the permittee knows in advance of the need for a bypass, the permittee shall notify the Secretary, in writing, at least ten days be fore the date of the bypass, if possible. 2) In the event of an unanticipated or unint entional bypass, the permittee shall notify the Department within twenty-four hours of disc overy. Notice may be provided orally, but shall be followed up with submission of a wr itten report that provides the information outlined in Part II.A.2.b.1) within five (5) days. 3) The public shall be notified and given an opportunity to comment on bypass incidents of significant duration, to the extent feasible.
9. Upset

a. An upset shall constitute an affirmative def ense to an action brought for noncompliance with any technology based permit effluent limitations established herein, if the requirements of Part II.A.9.b below are met.
b. To establish an affirmative defense for an upset, the permittee shall demonstrate, through properly signed and authenticated, contempora neous operating logs, or by other relevant evidence that:Effective Date: January 1, 2007 Part II Expiration Date: December 31, 2011 State Permit Number WPCC 3193C/76 NPDES Permit Number DE 0000051 Page 19 of 30 Pages
1) An upset occurred and that the permittee c an identify the specific cause(s) of the upset; 2) The permitted facility was at the time being operated in a prud ent and workman like manner and in compliance with proper operation and maintenance procedures; 3) The permittee submitted notice of the upse t as required in Part II.A.2.b.3) (i.e., within 24 hours of becoming aware of the upset); and 4) The permittee took all reasonable measures necessary to minimize any adverse impact to State waters.

c. Burden of proof. The permittee shall have t he burden of proving an ups et in any case where an upset is claimed as a defense.
B. RESPONSIBILITY
1. Right of Entry The permittee shall allow the Secretary of the Department, the EPA Regional Administrator, or their authorized representatives, jointly and severally, upon the presentation of his or her credentials:

a. To enter upon the permittee’s premises wher e the regulated facility, treatment works, or discharge(s) is located or the regulated activity is conducted or where any records required to be kept under the terms and conditions of this permit are located;
b. To have access to and copy, at reasonable times, any records required to be kept under the terms and conditions of this permit;

c. To inspect at reasonable times any monitoring equipment or monitoring method required in this permit;
d. To inspect at reasonable times any facilitie s, equipment, management or control practices, or operations regulated or required under this permit; and

e. To sample at reasonable times any discharge or substance at any location for the purpose of assuring compliance with this permit or otherwise determine whether a violation of the Law or these regulations exists, as provided in 7 Del. C . §6024;
2. Duty to Provide Informatio n Requested by the Department The permittee shall furnish to the Department, within a reasonable time, any information which the Department may request to determine compli ance with this permit or to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit. The permittee shall also furnish, upon request, copies of re cords required to be kept by this permit. 3. Duty to Provide Information Found to be Missing or Inaccurate When the permittee discovers that it failed to submit any relevant facts in a permit application or that it submitted any incorrect information in any permit application or in any report to the Department, it shall promptly submit such facts or information.Effective Date: January 1, 2007 Part II Expiration Date: December 31, 2011 State Permit Number WPCC 3193C/76 NPDES Permit Number DE 0000051 Page 20 of 30 Pages
4. Availability of Reports Except for any data and information that is deemed to be confidential and claimed as such when submitted, and that is entitled to protection as trade secrets under State la w, all reports prepared in accordance with the terms and conditions of th is permit shall be available for public inspection at the Department's offices. This permit, the permit application and any information submitted to support the application (other than information ent itled to protection as trade secrets pursuant to State law) and any effluent or discharge monito ring data shall not be deemed confidential and any claims of confidentiality will be denied. Know ingly making any false statement in any such report may result in the imposition of criminal penalties as provided under 7 Del. C. , §6013.
5. Signatory Requirements All applications, reports, or information submi tted to the Department shall be signed and certified as outlined in Section 6.11 of the Department's Regulations Governing the Control of Water Pollution, as amended May 14, 2003. 6. Permit Transfer

a. This permit is not transferable to any pers on, except after notice to and with the concurrence of the Secretary.
b. In the event of a change in ownership or control of the facilities from which the authorized discharge(s) emanate(s), this permit may be transferred if the permittee: 1) Notifies the Department, in writing, of the proposed transfer, in advance; and 2) Submits to the Department a written agreement signed by all parties to the transfer, containing a specific date for transfer of permi t responsibility, coverage and liability to the new permittee. The written agreement shall expressly acknowledge the current permittee is responsible and liable for compliance with the terms and conditions of this permit up to the date of transfer and the new permittee is responsible and liable for compliance from that date on; and 3) The Department within thirty (30) days of receipt of the notification of the proposed transfer does not notify the current permittee and the new permittee of its intent to modify, to revoke and reissue or to terminate this permit and require that a new application be submitted.

c. The permittee is encouraged to provide as much advance notice as possible of any proposed transfer, to allow sufficient time for the Departm ent to modify this permit to identify the new permittee and to incorporate such other requirements as may be necessary under the Law or the Act.
7. Modification, Termination, or Revocation and Reissuance This permit may be modified, terminated or revoked and reissued in whole or in part, during its term, for cause as provided in Section 6, Part V of the Department's Regulations Governing the Control of Water Pollution, as amended May 14, 2003. The filing of a request for permit modification, or revocation and reissuance, or termination, or a notification of any planned changes or anticipated noncompliance does not stay any permit condition. 8. Reapplication for a PermitEffective Date: January 1, 2007 Part II Expiration Date: December 31, 2011 State Permit Number WPCC 3193C/76 NPDES Permit Number DE 0000051 Page 21 of 30 Pages

a. The permittee must apply for and obtain a new permit if the permittee wishes to continue the activity regulated by this permit beyond its expiration date;
b. At least 180 days before the expiration date of this permit, the permittee shall submit a new application or notify the Department of the permi ttee’s intent to cease discharging by the expiration date;

c. In the event that a timely and sufficient reapplication has been submitted and the Department is unable, through no fault of the permittee, to issue a new permit before the expiration date of this permit, the terms and conditions of this permit are continued and remain fully effective and enforceable;
9. Compliance With Effluent Standards for Toxic Pollutants The permittee shall comply with effluent standa rds or prohibitions established under section 307(a) of the Act for toxic pollutants within the time provided in the regulations that establish such standards or prohibitions, even if this permit has not yet been modified to incorporate the requirement. 10. Construction Authorization This permit does not approve or authorize the construction, installation or modification of any wastewater/liquid waste collection, transmission or treatment facilities, system, or any other pollution control equipment or device necessary to achieve or to maintain compliance with the terms and conditions of this permit. Separate authorization for the construction, installation or modification of such pollution control fac ilities must be obtained from the Secretary. This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaki ng of any work in navigable waters.
11. Property Rights This permit does not convey any property ri ghts of any sort, or any exclusive privileges.
12. State Laws Nothing in this permit shall be construed to prec lude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject under 7 Del. C ., Chapter 60, or any other State law or regulation. 13. Severability The provisions of this permit are severable. If any provision of this permit is held invalid, the remainder of this permit shall not be affected. If the application of any provision of this permit to any circumstance is held invalid, its application to other circumstances shall not be affected.Effective Date: January 1, 2007 Part III Expiration Date: December 31, 2011 State Permit Number WPCC 3193C/76 NPDES Permit Number DE 0000051 Page 22 of 30 Pages

Part III
A. Special Conditions
1. Supersedes previous permit This permit supersedes the State Permit No. WPCC 3193B/76 and NPDES Permit No. DE 0000051 issued on September 29, 1989, as amended on March 8, 1990 and October 20, 1993.
2. Permit Re-opener Clause The Department or agencies under its supervisi on may perform or direct the performance of analyses or biosurveys on the receiving waters in the immediate vicinity of the permittee's discharge or further downstream, after the issuan ce of this permit. If the results of these analyses or biosurveys suggest that the permittee' s discharge is causing, or has the potential to cause, diminished attainment of designated protected uses (as defined by the State of Delaware's "Water Quality Standards for Streams") then this permit may be reopened and modified. The permit may also be re-opened if

a. A TMDL (“Total Maximum Daily Load”) is issued with requirements that warrant inclusion in this permit.
b. A test method is promulgated under 40 CFR 136 with applicable lower MLs (“Minimum Levels”) for pollutants addr essed by this permit.

c. Upon review of the data submitted under Spec ial Conditions 10, 14, and 15, the Department may reopen this permit to modify the total iron and total suspended solids requirements for Outfalls 002 and 003. At the time of re-opening the permit, additional effluent limitations, monitoring requirements and/or special conditions may be included in the permit after public notice, opportunity for comments, and opportunity for a public hearing. If it is determined that additional equipment is needed to meet the revised permit conditions, the permittee shall install the necessary equipment.
3. DRBC Load Allocation The Delaware River Basin Commission (DRBC) allocation of 1430 pounds per day (net) of carbonaceous first stage oxygen demand, equivalent to a daily average of 1300 pounds of BOD5, shall not be exceeded.
4. Update NPDES Applications No later than one year after the effective date of this permit, the permittee shall submit updated NPDES application forms

a. Form 2C for Outfalls 001, 002, and 003; and
b. Form 2F for Outfalls 004, 005, 006, 007, 008, 009, and 010.Effective Date: January 1, 2007 Part III Expiration Date: December 31, 2011 State Permit Number WPCC 3193C/76 NPDES Permit Number DE 0000051 Page 23 of 30 Pages
5. Acute Biomonitoring -- Applicability of “Interim” and “Final” Requirements After failing acute biomonitoring tests for Daph nia Magna, the permittee completed a “Toxicity Identification Evaluation” (TIE) and “Toxicity Reduction Evaluation” (TRE), submitting their results to the Department in September, 1993. DuPont’s TIE identified calcium chloride (CaCl 2 ) as the cause of acute toxicity. The TRE suggested two al ternatives to eliminate acute toxicity in the acute mixing zone: source reduction of the CaCl 2 , or install a diffuser to increase dilution in the acute mixing zone. DuPont has elected to install the diffuser, and submitted a “Phase II Diffuser Design Study” Report in September, 2001. The “Schedule of Compliance” under Part I.A.1.a) of this permit provides th ree years, starting on the permit effective date, for the permittee to complete reduction of acute toxicity. “Acute Biomonitoring, Interim Requirements” under Special Condition No. 6 below refers to requirements that apply until the sooner of three years after the permit effective date, or the permittee has achieved compliance with the “Schedule of Complianc e”, Part I.C.1.a), “Acute Toxicity”. “Acute Biomonitoring, Final Requirements” under Special Condition No. 7 below apply after the “Interim Requirements”.
6. Acute Biomonitoring, Interim Requirements 1 The permittee shall conduct biomonitoring tests semi-annually in accordance with the following requirements. All testing shall be performed in accordance with the test procedure requirements under 40 CFR 136. At a minimum, this testing shal l include the performance of “Definitive Static Acute Toxicity Tests” as outlined in below, and shall include the following: The permittee shall perform the “48-hour Definiti ve Static Acute Toxicity Tests” with 24-hour renewal on an invertebrate ( Daphnia magna ). Tests shall be performed using a dilution series made from representative composite effluent samp les and laboratory control water. Without the diffuser, the dilution series shall use effluent concentrations of 3.6%, 11.7%, 38.0%, 42.5%, and 100.0%. Alternative species and dilution seri es concentrations may be used, if directed or approved by the Department in writing. Each te st shall be initiated no later than 36 hours after the collection of the representat ive composite effluent sample Within 30 days of the completion of these tests, t he results of the “Definitiv e Static Acute Toxicity Tests” shall be reported to the Department. The report shall include at a minimum (i) a summary of test conditions, (ii) sample collection and test performance dates, and (iii) the individual, average, and control sample survival rates, (iv) the percent of tests organisms killed by each concentration of effluent tested; and (v) the LC 50 of the effluent. For a purpose of these tests, a representative composite sample is a 24-hour composite sample as defined in Part I.D.3.g. If the instantaneous flow rate does not vary by more than +/- 15 percent of the average flow rate, a time-interval composite will be an acceptable representative sample. Otherwise, a flow-weighted composite sa mple must be used. All composite samples shall be representative of 24 hours of typical operations. The Department shall be notified in writing or by e- mail at least thirty (30) days in advance of the day when any biomonitoring test is to commence. The permittee shall split samples used to perform a bioassay test with the Department upon request. All documentation pertaining to these tests shall be maintained at the facility as requir ed in Part I.D, “Monitoring and Reporting”, of this permit and shall be made available for inspection, upon request.

1 See Special Condition No. 5 regarding applicability of “Interim Requirements”.Effective Date: January 1, 2007 Part III Expiration Date: December 31, 2011 State Permit Number WPCC 3193C/76 NPDES Permit Number DE 0000051 Page 24 of 30 Pages 7. Acute Biomonitoring, Final Requirements 1 The permittee shall conduct biomonitoring tests once per quarter in accordance with the following requirements. At a minimum, this testing shall include the performance of Definitive Static Acute Toxicity Tests” as outlined below. Biomonitoring tests shall be conducted on representative effluent composite samples. All te sting shall be performed in accordance with the test procedure requirements under 40 CFR 136. At a minimum these tests shall include the following: Once the diffuser is operational, the results of this biomonitoring will be used to assess compliance with the acute whole effluent toxicity limits set forth in Part I.B.1, “Outfall 001 – Interim Effluent Limitations and Monitoring Requirements” on page 6 of this permit. The permittee shall perform a “48-hour Definitive St atic Acute Toxicity Test” with 24-hour renewal on an invertebrate ( Daphnia magna ), and a vertebrate ( Pimephales promelas ). 2 This test shall be performed using a dilution series made from representative composite effluent samples and laboratory control water. Without the diffuser, t he dilution series shall use effluent concentrations of 3.6%, 11.7%, 38.0%, 42.5%, and 100.0%. With the diffuser, the dilution series shall use effluent concentrations of 3.7%, 19%, 25%, 44%, and 76% . Alternative species or dilution series may be used, if directed or approved by the Departmen t in writing. Each test shall be initiated no later than 36 hours after the collection of the repr esentative composite effluent sample. If the control sample survival rate for any test is le ss than 90%, the tests will be considered invalid and the entire series of tests shall be conducted again. Within 30 days of the completion of these tests, t he results of the “Definitiv e Static Acute Toxicity Tests” shall be reported to the Department. The report shall include at a minimum (i) a summary of test conditions, (ii) sample collection and test performance dates, and (iii) the individual, average, and control sample survival rates, (iv) the percent of tests organisms killed by each concentration of effluent tested; (v) the LC 50 of the effluent, (vi) and the Acute toxicity units (TUa) of the effluent. For a purpose of these tests, a representative composite sample is a 24-hour composite sample as defined in Part I.D.3.g. If the instantaneous flow rate does not vary by more than +/- 15 percent of the average flow rate, a time-interval composite will be an acceptable representative sample. Otherwise, a flow-weighted composite sa mple must be used. All composite samples shall be representative of 24 hours of typical operations. The Department shall be notified in writing or by e- mail at least thirty (30) days in advance of the day when any biomonitoring test is to commence. The permittee shall split samples used to perform a bioassay test with the Department upon request. All documentation pertaining to these tests shall be maintained at the facility as requir ed in Part I.D, “Monitoring and Reporting”, of this permit and shall be made available for inspection, upon request.
8. Biomonitoring – Chronic The permittee shall conduct chronic biomonitoring tests once per quarter on effluent in accordance with the following requirements. These tests shall be performed using a dilution series made from representative composite effluent samples and laboratory control water. The dilution series shall use effluent concentrations of 6.25%, 12.5%, 25%, 50%, and 100%. Alternative dilution series concentrations may be used, if directed or approved by the Department in writing.

1 See Special Condition No. 5 regarding applicability of “Final Requirements”. 2 Alternative species may be used, if directed or approved by the Department in writing.Effective Date: January 1, 2007 Part III Expiration Date: December 31, 2011 State Permit Number WPCC 3193C/76 NPDES Permit Number DE 0000051 Page 25 of 30 Pages All testing shall be performed in accordance with the test procedure requirements under 40 CFR 136. At a minimum these tests shall include the following: The permittee shall simultaneo usly perform EPA chronic te st methods 1000.0 Pimphales promelas Larval Survival and Growth Test, and 1002.0 Ceriodaphnia Survival and Reproduction Test for the first two years of the permit cycl e. Alternative EPA test method approved species may be used, if approved by the Department in writing. Each test shall be initiated no later than 36 hours after the collection of the repres entative composite effluent sample. The chronic toxicity testing report shall include es timates of toxicity reported in percent effluent and Toxic Units (TU) as the Inhibitory Concentration (IC 25 ) and No Observed Effect Concentration (NOEC). The report shall also include the per cent minimum significant difference (PMSD) for each test. Within 30 days of the completion of these tests, the results shall be reported to the Department and DRBC. This report shall follow the general format and include the information listed in Section 10, pages 47-49, of EPA-821-R-02-013. For purpose of these tests, a representative composite sample is a 24-hour composite sample as defined in Part I, Section D.3.g. If the instantaneous flow rate does not vary by more than +/- 15 percent of the average flow rate, a time-interval composite will be an acceptable representative sample. Otherwise, a flow-weighted composite sa mple must be used. All composite samples shall be representative of 24 hours of typical operations. The Department shall be notified in writing or by e- mail at least thirty (30) days in advance of the day when a bioassay test is planned to commence. The permittee shall split the composite samples used to perform a bioassay test with the Department upon request. All documentation pertaining to these tests shall be maintained at t he facility as required in Part I.D, “Monitoring and Reporting”, of this permit and shall be made available for inspection, upon request.
9. Biomonitoring Reduction Requests After the successful completion of eight quarters of final biomonitoring requirements in accordance with Part I, Section B 'Effluent Limitations and Monitoring Requirements', the permittee may request the Department to revi ew the data from these tests and modify the monitoring frequency for this testing for one or both species.
10. Iron Pollutant Minimization Plan The permittee shall prepare a Pollutant Minimizati on Plan (“PMP”) to reduce or prevent releases of iron to surface waters of the State to t he maximum extent practicable. The PMP shall be prepared following the Delaware River Basin Commission (DRBC) template for “Pollutant Minimization Plan (PMP) Elements”, as applicable.

a. Purpose. Implementation of a comprehensive set of measures, including trackdown studies, process modifications, materials substitutions, treatment technologies, best management practices and/or procedures tailored to the facility or site may be necessary to achieve required iron loading reductions. The permittee shall perform a systematic analysis of the facility and site in order to locate iron sour ces and to design and implement measures to achieve the necessary reductions, if effluent data indicates a contribution of iron above the iron concentrations in the intake water from the Delaware River.
b.

c. Time of Submission . The discharger shall develop and submit the PMP to the DNREC within six months of the effective date of this permit. Commencement of PMP Implementation. The discharger shall commence implementation ofEffective Date: January 1, 2007 Part III Expiration Date: December 31, 2011 State Permit Number WPCC 3193C/76 NPDES Permit Number DE 0000051 Page 26 of 30 Pages its PMP as submitted, within 60 days of receipt of a determination of completeness.
d. Initial Term of PMP . Each PMP shall be designed for an initial term of five years.
11. Calculation and Reporting of Results for “Dioxins and Furans, Total as TEQs” Outfall 001 limits for “Dioxins and Furans, Total as TEQs” are as the “total toxic equivalence (TEQ) to 2,3,7,8-TCDD”.

a. The toxic equivalence for a sample is t he sum of the concentration for each congener multiplied by its associated Toxicity Equiva lence Factor (TEF) listed in table below. TEQ = Σ ( (Concentration of Congener in sample) x (TEF) )
where the TEF is unitless. Congener TEF value Congener TEF value Dibenzo-p-dioxins Non-ortho PCBs 2,3,7,8-TCDD 1 PCB 77 0.0001 1,2,3,7,8-PnCDD 1 PCB 81 0.0001 1,2,3,4,7,8-HxCDD 0.1 PCB 126 0.1 1,2,3,6,7,8-HxCDD 0.1 PCB 169 0.01 1,2,3,7,8,9-HxCDD 0.1 1,2,3,4,6,7,8- HpCDD 0.01 Mono-ortho PCBs OCDD 0.0001 PCB 105 0.0001 PCB 114 0.0005 Dibenzofurans PCB 118 0.0001 2,3,7,8-TCDF 0.1 PCB 123 0.0001 1,2,3,7,8-PnCDF 0.05 PCB 156 0.0005 2,3,4,7,8-PnCDF 0.5 PCB 157 0.0005 1,2,3,4,7,8-HxCDF 0.1 PCB 167 0.00001 1,2,3,6,7,8-HxCDF 0.1 PCB 189 0.0001 1,2,3,7,8,9-HxCDF 0.1 2,3,4,6,7,8-HxCDF 0.1 1,2,3,4,6,7,8-HpCDF 0.01 1,2,3,4,7,8,9-HpCDF 0.01 OCDF 0.0001
b. Dioxins and Furans Monitoring Results Below Detection For purposes of calculating compliance with t he “toxic equivalents” (TEQs) numeric limits for dioxins and furans, the Permittee shall use the reporting threshold equivalent to the Minimum Levels (ML). , as defined in 40 CFR 136, Appendix A, Method 1613, Revision B, “Table 2_Retention Time References, Quantitation Re ferences, Relative Retention Times, and Minimum Levels for CDDS and DCFS”. The ML is defined as the concentration in a sample equivalent to the concentration of the lowest calibration standard analyzed in a specific analytical procedure assuming that all the method-specified sample weights, volumes, and processing steps have been followed. As such, the permittee must conduct analyses in accordance with the method specified below and must utilize a standard equivalent to the concentrations of the MLs specified by the methods referenced below.Effective Date: January 1, 2007 Part III Expiration Date: December 31, 2011 State Permit Number WPCC 3193C/76 NPDES Permit Number DE 0000051 Page 27 of 30 Pages For purposes of reporting the sum of Toxic Equivalents on the discharge monitoring report, actual analytical results should be reported whe never possible. All analytical values at or above the ML shall be reported as the measured value. When results can not be quantified (i.e., not detected) or are quantified as estimated values below the ML (i.e., “J” flagged values), these values shall be reported as "0 ". Values that do not meet all qualitative identification criteria in EPA Method 1613B will be flagged as an Estimated Maximum Possible Concentration (EMPC). EMPC values shall be reported as “0” on the discharge monitoring report.

c. PCB results shall not count towards the “S um of Toxic Equivalents” limits until a PCB congener method has been approved under 40 FR 136, and the permit is modified accordingly. See Special Condition No. 2.b.
d. The “Sum of Toxic Equivalents” shall be r eported in the Discharge Monitoring Reports in accordance with the requirements above.

e. For reporting to the DRBC and DNREC under Spec ial Condition c through f, actual analytical results should be reported whenever possible, per the requirements of Special Condition No. 13.
12. Pollutant Minimization Plan (PMP) for PCBs, Dioxins, and Furans The permittee shall implement and maintain a Pollutant Minimization Plan (PMP) for PCBs. The permittee shall also develop and submit to the Department a Pollutant Minimization Plan (PMP) for Dioxins and Furans.

a. Purpose. Implementation of a comprehensive set of measures, including trackdown studies, process modifications, materials substitutions, treatment technologies, best management practices and/or procedures tailored to the facility or site may be necessary to achieve required pollutant loading reductions. The permitt ee shall perform a systematic analysis of the facility and site in order to locate pollutant sources and to design and implement measures to achieve the necessary reduct ions. The elements of a PMP are intended to ensure that similarly situated dischargers ma ke comparable efforts, and that progress in implementing plans and reducing pollutant loadings is measured and reported. Within these constraints, creative approaches to pollutant trackdown and reduction are encouraged.
b. Time of Submission

. 1) The permittee’s initial submittal of a PMP for PC Bs was received by the DRBC on October 18, 2005. 2) The permittee shall develop and submit the PMP for dioxins and furans to DNREC within six months of the effective date of this permit.

c. Commencement of PMP Implementation. The discharger shall commence implementation of its PMP as submitted, within 60 days of receipt of a determination of completeness.
d. Initial Term of PMPs . Each PMP shall be designed for an initial term of five years.

e. Updates . The permittee shall update the PMPs as appropriate to address changes at the site.
13. PCBs, Dioxins, and Furans Monitoring

a. The permittee shall monitor Outfalls 001 and 004 for congeners of PCBs, Dioxins, and furans.Effective Date: January 1, 2007 Part III Expiration Date: December 31, 2011 State Permit Number WPCC 3193C/76 NPDES Permit Number DE 0000051 Page 28 of 30 Pages
1) Monitoring for Outfall 001 shall be quarterly and shall be at both the intake and the discharge, 2) Monitoring for Outfall 004 shall be annual.
b. Samples shall be analyzed using referenced EPA Methods: 1) Use EPA draft Method 1668A with t he modifications made by DRBC (See http://www.state.nj.us/ drbc/PCB_info.htm ) for all PCB congeners. PCB results from method 1668A shall be reported, but shall not count towards the “Sum of Toxic Equivalents” limits for PCBs, dioxins, and furans. See Special Condition No. 2.b. 2) Use EPA Method 1613b for the following dioxins and furans:
Dioxins Furans 2,3,7,8-TCDD 2,3,7,8-TCDF 1,2,3,7,8-PeCDD 1,2,3,7,8-PeCDF 1,2,3,4,7,8-HxCDD 2,3,4,7,8-PeCDF 1,2,3,6,7,8-HxCDD 1,2,3,4,7,8-HxCDF 1,2,3,7,8,9-HxCDD 1,2,3,6,7,8-HxCDF 1,2,3,4,6,7,8-HpCDD 2,3,4,6,7,8-HxCDF OCDD 1,2,3,7,8,9-HxCDF Total TCDD 1,2,3, 4,6,7,8-HpCDF Total PeCDD 1,2,3,4,7,8,9-HpCDF Total HxCDD OCDF Total HeptaCDD Total PeCDF Total HxCDF Note: Table 2 of draft method 1668A provides Estimated Method Detection Limits (EMDLs) and Estimated Minimum Levels (EMLs) for eac h congener for different matrices. The laboratory will use the method EMDLs and EMLs , unless the lab specific EMDL or EML is lower.

c. Except as provided under special Condition No. 11 on page 26 of this permit, monitoring, analyses, and reporting shall be ac cording to DRBC requirements at http://www.state.nj.us/ drbc/PCB_info.htm

. d. PCB results shall be reported to both DRBC and DNREC. Dioxin and furan results shall be reported to the DNREC.

e. Final deliverables, EDD (“Electronic Data Deliverable”) and hardcopy report under this Special Condition must be submitted within 90 days of the sample collection.
f. The permittee may rely upon analyt ical methods other than Methods 1668A 1 and 1613b as required above, for purposes of screening or identification of pollutant sources.
14. Monitoring of Background Iron Levels No later than 36 months after the permit effectiv e date, DuPont shall report the results of a two year monitoring program evaluating background levels of iron in the Delaware River for Outfalls
1 From §4.30.0.E.6.C of DRBC’s “Rule For Es tablishing Pollutant Minimization Plan (PMP) Requirements For Point And Non-Point Source Discha rgers Of Toxic Pollutants Following Issuance of a TMDL Or Assimilative Capacity Determination, 4.30.9 Pollutant Minimization Plans for Toxic Pollutants,” adopted May 18, 2005. See http://www.state.nj.us/drbc/PMPrule-May05.pdf

.Effective Date: January 1, 2007 Part III Expiration Date: December 31, 2011 State Permit Number WPCC 3193C/76 NPDES Permit Number DE 0000051 Page 29 of 30 Pages 001, 002, and 003. Sampling locations shall be at least from outfall 001 down to outfall 003, as well as representative up and downstream locations out in the Delaware River. The sampling at outfalls 001 and 003 should extend out beyond the acute and chronic mixing zones. Sampling locations are subject to the written approval of the Department. Results of this sampling program shall be submi tted to the Department in both electronic format and hardcopy. Format is subjec t to the approval of DNREC.
15. Intake Monitoring The following requirements apply to sampling results for iron, pH and TSS for Outfall 002, Outfall 003, and the Delaware River intake:

a. The permittee shall provide a yearly submi ttal of paired (intake and discharge) sampling results for total iron, TSS, and pH (only dischar ge for pH) to the Department. The report shall cover the calendar year, January 1 through De cember 31, and shall be submitted to the Department, postmarked no later than the Febr uary 15 following the year of reporting. 1) Results for pH shall include the minimu m, average, and maximum pH recorded during the sample collection for total iron and TSS. 2) The submittal shall include sampling dates and paired results from the effective date of this permit through the immediately preceding December 31. 3) The submittal shall be in both computer fo rmat (for example, as an Excel or Lotus spreadsheet) and hard copy; 4) The submittal format shall be subjec t to the approval of the Department.
b. Upon review of the data submitted under this special condition, the Department may reopen this permit to modify the total iron and total suspended solids requirements for Outfalls 002 and 003, as provided in Special Condition No. 2.c of this permit.
16. Sludge Disposal – Requirements The permittee shall comply with all existing Fede ral and State laws and regulations that apply to its sludge use or disposal practice(s) including, but not limited to, Federal Regulations 40 CFR Part 258, Section 28 "Liquids Restrictions"; 40 CFR Part 503, “Standards for the Use and Disposal of Sludge, February, 1993”; and the De partment's “Guidance and Regulations Govern

ing the Land Treatment of Wast es”, including “Part III.B, The Regulations Governing the Use and Disposal of Wastewater Sludge”, October, 1999. If the Department determines that additional requirements or permit conditions are needed to insure compliance with the referenced regulations, or if the Federal Government promul gates new regulations under Section 405(d) of the Act governing, (a) the treatment or di sposal of sewage sludge, (b) sewage sludge management practices, or (c) concentrations of pollutants in sewage sludge, this permit may be reopened, and after notice and opportunity for public hearing, modified accordingly during its term.
17. Sludge Disposal – Planned Changes Prior to any planned change in the permittee's sludge use or disposal practice(s), the permittee shall notify the Department in accordance wi th the requirements of Part II.A.2.a, “Management Requirements, Notification, Notification of Pl anned Changes” of this permit. A change in the permittee's sludge use or disposal practice(s) shall be considered cause for this permit to be modified, or revoked and reissued, under Part II.B .7, “Modification, Termination, or RevocationEffective Date: January 1, 2007 Part III Expiration Date: December 31, 2011 State Permit Number WPCC 3193C/76 NPDES Permit Number DE 0000051 Page 30 of 30 Pages and Reissuance”, of this permit.
18. Sludge Disposal – Record Keeping The permittee shall maintain monthly sludge invent ory data. This data shall include at a minimum (a) quantity of sludge generated, (b) quantity of sludge stored on site, and (c) quantity of sludge transported off site. Transportation records shall include the date, quantity, carrier used, and the final destination for each shipment. The invent ory data shall be maintained at the facility and be made available to the Department in accordance with Part I, Section 8 (Records Retention) of this permit, excepting that records shall be retained for five (5) years.
19. Storm Water Plan The permittee shall implement and maintain a Storm Water Plan (SWP) to minimize the discharge of contaminated st orm water from its facility. The SWP shall be implemented and maintained to be in accordance with the requirements of the Delaware Regulations Governing the Control of Water Pollution (RGCWP), Section 9, “The General Permit Program”, Subsection 1, “Regulations Governing Storm Water Discharges Asso ciated With Industrial Activity”, Part 1, “Provisions Governing All Storm Water Discharg es”. In particular, the SWP shall address practices including good housekeeping, inspection s under wet and dry weather, sediment and erosion control, facility security, and managing runoff.