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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 Water Pollution Control Act, as amended by the Clean Water 

Act of 1977 (33 U.S.C. 1251 et seq.) (hereinafter referred 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 Control 
Effective 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 wastewater treatment system. 

Outfall 002 - Noncontact cooling water from the ferric chloride heat exchanger and storm water. 

Outfall 003 - Noncontact cooling water from Line II (reaction, 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 discharge 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 Map 
Effective 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 WASTEWATER TREATMENT SYSTEM 

PROCESS DIAGRAM FOR OUTFALL 001 

To Weir Box Filtrate Solids 

Some 

Rain Water 

Noncontact 

Cooling Water 

Process 

Water 

Some 

Rain Water 

Powerhouse 

Noncontact 

Cooling Water 

Some 

Rain Water 

Kiln Area 

Process Water, 

Some Rain Water 

South Line Tank 

FeCl2, FeCl3, HCl, 

Process Water 

HCl 

E 

HCl 

W

W

e e e

e 

er 

e Emergency 

Diversion 

Line 

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 

Weir 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 Water 

Caustic 

Caustic 

Polym

Lim

FeCl3 

HCl & 

Caustic 

Sludge 

Sludge 

Sludge 

Overflow 

Overflow 

Filtrate From 

Filter Press 

Filter Press 

Building 

Discharge 

001 
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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 LIMITATIONS AND MONITORING REQUIREMENTS 

During the period beginning effective date and lasting to three years after the effective date1

, the permittee is 

authorized to discharge from point source 0012

 the quantity and quality of effluent specified below: 

Effluent Limitations Monitoring Requirements3 

Parameter 

Daily 

Average 

Load 

Daily 

Maximum Units Daily 

Average 

Concentration 

Daily 

Maximum 

Maximum 

Instantaneous Units 

Measurement 

Frequency 

Sample 

Type 

 Flow4 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 time 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 Trichloroethene lbs/day ug/L Composite

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 requirements 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 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. 

4 Report both average daily and maximum daily flows on the discharge monitoring report (DMR). 

5 Use EPA Method 601 GC/HAL. Report 1,2 dichloroethane, trichloroethene, 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 year to both the 

DRBC and the Department. Annual results shall be submitted in both electronic format and hardcopy; format is subject to the approval 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 Nos. 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. 
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-- 

-- 

-- 

-- 

-- 

-- 

--

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-- -- -- 

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 LIMITATIONS AND MONITORING REQUIREMENTS 

During the period beginning three years after the effective date and lasting through expiration date1

, the 

permittee is authorized to discharge from point source 0012

 the quantity and quality of effluent specified below: 

Effluent Limitations Monitoring Requirements3 

Parameter 

Daily 

Average 

Load 

Daily 

Maximum Units Daily 

Average 

Concentration 

Daily 

Maximum 

Maximum 

Instantaneous Units 

Measurement 

Frequency 

Sample 

Type 

 Flow4 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 time 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 Trichloroethene lbs/day ug/L Composite

lbs/day ug/L 

Acute Whole Effluent 

i 6 5.57 -- 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 solids, sludge deposits, debris, oil and scum. 

Samples taken in compliance with the monitoring requirements 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 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. 

4 Report both average daily and maximum daily flows on the discharge monitoring report (DMR). 

5 Use EPA Method 601 GC/HAL. Report 1,2 dichloroethane, trichloroethene, 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 year to both the 

DRBC and the Department. Annual results shall be submitted in both electronic format and hardcopy; format is subject to the approval 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 toxicity limit will be based upon a 4 quarter moving average. Also, DuPont requested an 

alternative mixing zone under §4.20.5A.1.f. of the DRBC's Water Quality Regulations by letter dated August 14, 2006. If the DRBC approves the 

requested mixing zone of 12.1 meters radius 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 Nos. 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 LIMITATIONS AND MONITORING REQUIREMENTS 

During the period beginning effective date and lasting through expiration date, the permittee is authorized to 

discharge from point source 0021

 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 Composite4 

lbs/day mg/L Composite4

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 apply when DuPont re-starts non-stormwater 

 Until then, the requirements 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 requirements 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-start 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 flows on the discharge monitoring report (DMR). 

4 	 A composite sample of the river intake shall also be taken. 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 LIMITATIONS AND MONITORING REQUIREMENTS 

During the period beginning effective date and lasting through expiration date, the permittee is authorized to 

discharge from point source 0031

 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 

lbs/day mg/L Composite4

Effluent Limitations Monitoring Requirements

Concentration Measurement 

Daily Frequency Type 

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 excursion shall exceed 60 minutes. 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 requirements 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 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 flows on the discharge monitoring report (DMR). 

4 A composite sample of the river intake shall also be taken. The intake composite sample shall begin before, but not 

more than four (4) hours before, beginning the effluent composite sample. 
-- -- -- 

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-- -- -- 

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 0101

 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 0024

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 requirements 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 descriptions 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 “Schedule of Compliance” of this permit. 

3 Outfall 004 monitoring for dissolved organic carbon, total organic carbon, and total suspended solids shall be once per 

year. Samples for these parameters shall be taken at the same 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 Outfall 002 discharge contains only stormwater. DuPont must 

notify the Department of planned re-start 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. The requirements of this permit 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 herein 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 the 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 identified 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 the latter case, the notice shall include the cause of 

noncompliance, any remedial actions taken, and the probability of meeting the next scheduled requirement. 

D. 	 Monitoring and Reporting 

1. 	 Representative Sampling 

Samples and measurements taken as required herein shall 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 (“DMR”, EPA Form No. 3320-1), postmarked no later than the 

28th day of the month following the completed reporting period. Electronically-generated DMR forms may be 

used, if approved by the Department in writing. Signed copies of these, and all other reports required herein, 

shall be submitted to the Department at the following address: 

STATE OF DELAWARE DEPT. OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL, DIVISION 

OF WATER RESOURCES, SURFACE WATER DISCHARGES 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 commercial facility was operating. Where less than daily 

sampling is required, the daily average discharge shall be determined by the summation of all the measured 

daily discharges by weight divided by the number 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 discharges sampled or measured during such month. 

c. 	 “Average monthly effluent limitation” or “daily average effluent limitation” means the highest allowable 
Effective 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 schedules 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 control 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 wastes from any portion of a treatment facility. 

g. 	 “Composite sample” means a combination of individual samples obtained at specified intervals over a given 

time period, generally 24 hours. 

In collecting a composite sample of a discharge other 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 non-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 duration, 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 intermittent 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 measured during a calendar day or any 24-hour period that 

reasonably represents the calendar day for sampling purposes. For pollutants with limitations expressed in 

units of mass, the daily discharge is calculated as the total mass of a pollutant discharged over a calendar 

day or the equivalent 24-hour period. For pollutants 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 total mass of a pollutant allowed to be discharged during a 

calendar day or, in the case of a pollutant limited 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 the calendar day for sampling purposes. 

j. 	 “Daily maximum temperature” is the highest arithmetic 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-location accountability for, and on-location performance 

of, active daily operation (including Technical Supervision, 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 technical evaluation of the sources contributing 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 lowest concentration of a substance which can be measured 

with 99 percent confidence that the analyte concentration 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 lowest concentration of a substance that can be quantified 

within specified limits of interlaboratory precision 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 that 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 result 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 operations of the treatment works, including 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 results 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 inoperable, or substantial and permanent loss of natural 

resources which can reasonably be expected to occur in the absence of a bypass. Severe property 

damage does not mean economic loss caused by delays in production. 

y. 	 “Sewage” means the water carried human or animal wastes from septic tanks, water closets, residences, 

buildings, industrial establishments or other places together with such groundwater 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 liquid residue removed during the treatment of municipal 

wastewater or domestic sewage, including but not limited to, solids removed during primary, secondary or 

advanced wastewater treatment, scum, septage, portable toilet pumpings and sewage sludge products. 

aa. “Sludge” means the accumulated semi-liquid suspension, 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 there is unintentional and temporary noncompliance with 

technology-based permit effluent limitations because of factors beyond the reasonable control of the 

permittee. The basis for specific effluent limitations can be found in this permit’s fact sheet. An upset does 

not include noncompliance to the extent caused by operational error, improperly designed treatment 

facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. 
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 the 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. 	 Duplicate1

 and spiked2 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 constituent is to be added to the discharge sample. The 

amount of constituent added should be approximately the same amount present in the unspiked sample, or 

must be approximately that stated as maximum 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 samples 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 later 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 spiking of the sample, and A is the amount of constituent 

added to the sample. 

f. 	 The percent recovery, R, in e above shall be summarized 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 through the EPA regional quality assurance coordinator, or 

other EPA-approved supplier. Results 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 calibration and of the data obtained in a, b and f above. 

i. 	 If a contract laboratory is utilized, the permittee shall report the name and address of the laboratory and the 

1 	 Duplicate samples are not required for the following 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, radiological, 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 performed 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. This log should include time spent at the treatment facility 

on any date, and the nature of operation 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 above, the results of such monitoring shall be included 

in the calculation and reporting of the 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 Discharge 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 the 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 conditions 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 termination 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.	 Any 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, administrative, 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 writing of any anticipated expansion or alteration 

of this permitted facility, any production increases, process modifications, or other changes 

which could result in new, different or increased discharges of pollutants. Notice is required 

only when such alteration, addition or change: 

1) 	 may justify the application of permit conditions that are different from those specified in 

this permit, or 

2) 	 may justify the application of permit conditions that are absent from this permit, or 

3) 	 meets any one of the following criteria: 

a) 	 The alteration or addition to this permitted 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, upon 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 the 
Effective 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 this 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 Department 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 noncompliance with this permit to the Department 

as outlined herein: 

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

daily maximum effluent limitation or maximum 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 discharge 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 not comply with any daily average or average 

monthly effluent limitation or standard specified in this permit, the permittee shall provide 

the information outlined above in paragraph b.1) with the discharge monitoring report 

(DMR) submitted in accordance with Part I.D.2. of this permit. 

3) 	 In the case of any upset or unanticipated 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 written 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 the 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 which could constitute a threat to human health, 

welfare, or the environment, the information required above in paragraph b.1) shall be 

provided as quickly as possible upon discovery 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 be 
Effective 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 instances of noncompliance not otherwise 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 discharge of a pollutant into waters of the State 

or the United States either in excess of any conditions 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 control and abatement to achieve compliance with the 

terms and conditions of this permit. Proper operation and maintenance includes but is not limited 

to, effective performance (based upon the facilities' design), adequate funding, effective 

management, adequate operator staffing and training, and adequate laboratory and process 

controls including appropriate quality assurance 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 alternative power supply which is sufficient to operate the 

permittee’s wastewater collection, conveyance and treatment facilities. 

7. 	 Removed Substances 

Any solids, sludges, filter backwash, 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 meet 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 alternate 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 bypass, such as the use of auxiliary treatment 

facilities, retention of untreated 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 installed 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 all available alternative operating procedures or 

interim control measures to reduce the 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 before the date of the bypass, if possible. 

2) 	 In the event of an unanticipated or unintentional bypass, the permittee shall notify the 

Department within twenty-four hours of discovery. Notice may be provided orally, but 

shall be followed up with submission of a written 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 defense 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, contemporaneous 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 can identify the specific cause(s) of the upset; 

2) 	 The permitted facility was at the time being operated in a prudent and workman like 

manner and in compliance with proper operation and maintenance procedures; 

3) 	 The permittee submitted notice of the upset 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 the burden of proving an upset 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 where 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 facilities, 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 Information Requested by the Department 

The permittee shall furnish to the Department, within a reasonable time, any information which 

the Department may request to determine compliance 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 records 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 law, all reports prepared 

in accordance with the terms and conditions of this 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 entitled to protection as trade secrets pursuant to 

State law) and any effluent or discharge monitoring data shall not be deemed confidential and 

any claims of confidentiality will be denied. Knowingly 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 submitted 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 person, 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 permit 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 Department 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 Permit 
Effective 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 permittee’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 standards 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 facilities 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 undertaking of any work in navigable waters. 

11. Property Rights 

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

12. 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 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 supervision 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 issuance 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 addressed by this permit. 

c. 	 Upon review of the data submitted under Special 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 Daphnia 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 (CaCl2) as the 

cause of acute toxicity. The TRE suggested two alternatives to eliminate acute toxicity in the 

acute mixing zone: source reduction of the CaCl2, 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 three 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 Compliance”, 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 Requirements1 

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 shall 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 Definitive 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 samples 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 series concentrations may be used, if directed or 

approved by the Department in writing. Each test shall be initiated no later than 36 hours after 

the collection of the representative composite effluent sample 

Within 30 days of the completion of these tests, the results of the “Definitive 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 LC50 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 sample 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 required 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 Requirements1 

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 testing 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 Static 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, the 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 Department in writing. Each test shall be initiated no 

later than 36 hours after the collection of the representative composite effluent sample. If the 

control sample survival rate for any test is less 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, the results of the “Definitive 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 LC50 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 sample 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 required 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 simultaneously perform EPA chronic test 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 cycle. 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 representative composite effluent sample. 

The chronic toxicity testing report shall include estimates of toxicity reported in percent effluent 

and Toxic Units (TU) as the Inhibitory Concentration (IC25) and No Observed Effect Concentration 

(NOEC). The report shall also include the percent 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 sample 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 the 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 review 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 Minimization Plan (“PMP”) to reduce or prevent releases 

of iron to surface waters of the State to the 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 sources 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 of 
Effective 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 the sum of the concentration for each congener 

multiplied by its associated Toxicity Equivalence 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 the “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 References, 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 whenever 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 “Sum 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 reported in the Discharge Monitoring Reports in 

accordance with the requirements above. 

e. 	 For reporting to the DRBC and DNREC under Special 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 permittee 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 reductions. The elements of a PMP are intended to 

ensure that similarly situated dischargers make 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 PCBs 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 the 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 each 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 according 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 analytical methods other than Methods 1668A1

 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 effective 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 Establishing Pollutant Minimization Plan (PMP) 

Requirements For Point And Non-Point Source Dischargers 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 submitted to the Department in both electronic format 

and hardcopy. Format is subject 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 submittal of paired (intake and discharge) sampling 

results for total iron, TSS, and pH (only discharge for pH) to the Department. The report shall 

cover the calendar year, January 1 through December 31, and shall be submitted to the 

Department, postmarked no later than the February 15 following the year of reporting. 

1) 	 Results for pH shall include the minimum, 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 format (for example, as an Excel or Lotus 

spreadsheet) and hard copy; 

4) 	 The submittal format shall be subject 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 Federal 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 Department's “Guidance and Regulations Governing the Land Treatment of Wastes”, 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 promulgates new regulations under Section 405(d) of 

the Act governing, (a) the treatment or disposal 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 with the requirements of Part II.A.2.a, “Management 

Requirements, Notification, Notification of Planned 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 Revocation 
Effective 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 inventory 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 inventory 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 storm 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 Associated With Industrial Activity”, Part 1, 

“Provisions Governing All Storm Water Discharges”. In particular, the SWP shall address 

practices including good housekeeping, inspections under wet and dry weather, sediment and 

erosion control, facility security, and managing runoff.