Table of Contents

Subject Item Inventory...................................................................................................................................................................................Facility Requirements.....................................................................................................................................................................................General Information.......................................................................................................................................................................................Other Relevant Documents:
Permit to Discharge Wastewater in Accordance with National Pollutant Discharge Elimination 

Permit Number:MS0026140

Activity ID No.: PER20100001

Tyson Foods Inc, Carthage Processing Plant

Subject Item Inventory

Receiving Stream Relationships:Subject Item Relationship Receiving Stream

RPNT2 Outfall 001 (Treated Process and Sanitary Pickens BranchWastewater and Non-Contact Cooling Water)

Discharges IntoThen Into Cobbs Creek

Subject Item Inventory:

KEY

ACT = Activity AI = Agency InterestAREA = Area CAFO = Concentrated Animal Feeding OperationCONT = Control Device EQPT = EquipmentIA = Insignificant Activity MAFO = Animal Feeding OperationRPNT = Release Point TRMT = Treatment

ID Designation Description

AI2443 2443 Poultry First Processor

RPNT2 MS0026140 -001 Outfall 001 (Treated Process and Sanitary Wastewater and Non-Contact Cooling Water)

Page i of i

*** Official MDEQ Permit - Version 1.1 ***
EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS

Outfall 001 (Treated Process and Sanitary Wastewater and Non-Contact Cooling Water)RPNT0000000002: MS0026140 -001

Such discharges shall be limited and monitored by the permittee as specified below:Subject Item:

Quantity /

Loading

Average

Quantity /

Loading

Maximum

Quantity /

Loading

Units

Quality /

Conc.

Minimum

Quality /

Conc.

Average

Quality /

Conc.

Maximum

Quality /

Conc.

Units

Frequency Sa

Discharge Limitations Monitor

Parameter

3.0DailyMaximum

2.0MonthlyAverage

78DailyMaximum

52MonthlyAverage

Ammonia Nitrogen, Total

 (as N)

Effluent

pounds per mg/L

day

mg/L Twice per Month Gra

******

0.019DailyMaximum

0.011MonthlyAverage

0.49DailyMaximum

0.28MonthlyAverage

Chlorine, total residual

Effluent

pounds per mg/L

day

mg/L Twice per Month Gra

******

400DailyGeometric

200GeometricMean

Fecal coliform, general

Effluent

# of colonies/100 ml# of Twice per Month Gracolonies/100 ml ****** ****** ****** ******

400DailyGeometric

ReportGeometricMean

Fecal coliform, general

Effluent

# of colonies/100 ml

# of Twice per Month Gracolonies/100 ml ****** ****** ****** ******

ReportDailyMaximum

ReportMonthlyAverage

Flow

Effluent

Million Gallons per Day

ConRec

Continuously

****** ****** ****** ******

ReportDailyMaximum

ReportMonthlyAverage

ReportDailyMaximum

ReportMonthlyAverage

Kjeldahl Nitrogen, totalEffluent

pounds per mg/L

day

mg/L Twice per Month Gra

******

ReportDailyMaximum

ReportMonthlyAverage

ReportDailyMaximum

ReportMonthlyAverage

Nitrate + Nitrite Nitroge

n

Effluent

pounds per mg/L

day

mg/L Twice per Month Gra

******

147DailyMaximum

103MonthlyAverage

3801DailyMaximum

2663MonthlyAverage

Nitrogen (Total)Effluent

pounds per mg/L

day

mg/L Twice per Month Gra

******

Limits and Monitoring 1 of 2

*** Official MDEQ Permit - Version 1.1 ***
EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS

Outfall 001 (Treated Process and Sanitary Wastewater and Non-Contact Cooling Water)RPNT0000000002: MS0026140 -001

Such discharges shall be limited and monitored by the permittee as specified below:Subject Item:

Quantity /

Loading

Average

Quantity /

Loading

Maximum

Quantity /

Loading

Units

Quality /

Conc.

Minimum

Quality /

Conc.

Average

Quality /

Conc.

Maximum

Quality /

Conc.

Units

Frequency Sa

Discharge Limitations Monitor

Parameter

14DailyMaximum

8.0MonthlyAverage

362DailyMaximum

207MonthlyAverage

Oil and Grease (as HEM)

Effluent

pounds per mg/L

day

mg/L Twice per Month Gra

******

26DailyMaximum

16MonthlyAverage

672DailyMaximum

414MonthlyAverage

Oxygen Demand,biochemical, 5-day(20 degrees C)

Effluent

pounds per mg/L

day

mg/L Twice per Month Gra

******

ReportDailyMaximum

ReportMonthlyAverage

ReportDailyMaximum

ReportMonthlyAverage

Oxygen Demand, carbonaceous biochemical, 5-day (20 degrees C)

Effluent

pounds per mg/L

day

mg/L Twice per Month Gra

******

6.0Minimum

Oxygen, dissolved

Effluent

mg/L mg/L Twice per Month Gra

****** ****** ****** ****** ******

9.0Maximum

6.0Minimum

p

H

Effluent

SU SU Twice per Month Gra

****** ****** ****** ******

30DailyMaximum

20MonthlyAverage

776DailyMaximum

517MonthlyAverage

Solids (Total Suspended)Effluent

pounds per mg/L

day

mg/L Twice per Month Gra

******

ReportAnnualMaximum

ReportAnnualMaximum

Mercury

 (Total Recoverable)

Effluent

pounds per mg/L

day

mg/L Annually Gra

****** ****** ******

Limits and Monitoring 2 of 2

*** Official MDEQ Permit - Version 1.1 ***
Permit to Discharge Wastewater in Accordance with National Pollutant Discharge Elimination 

Tyson Foods Inc, Carthage Processing Plant

Facility Requirements

Permit Number:MS0026140

Activity ID No.: PER20100001

AI0000002443 (2443) Poultry First Processor:

Limitation Requirements:ConditionNo. Parameter Condition

L-1 There shall be no discharge of floating solids or visible foam in other than trace amounts. [WPC-2 L-2 The discharges shall not cause the occurrence of a visible sheen on the surface of the receiving wa

Samples taken in compliance with the monitoring requirements specified in this permit shall be tapoint after final treatment but prior to mixing with the receiving stream or as otherwise specified iOne Section IV.A(28)]

L-3

Record-Keeping Requirements:ConditionNo. Condition

Recording of ResultsFor each measurement or sample taken pursuant to the requirements of this permit, the permittee shall maintain records of all informmonitoring including:(1) The exact place, date, and time of sampling;(2) The dates the analyses were performed;(3) The person(s) who performed the analyses;(4) The analytical techniques, procedures or methods used; and(5) The results of all required analyses. [WPC-1 Chapter One Section IV.A(29)a]

R-1

*** Official MDEQ Permit - Version 1.1 ***
Permit to Discharge Wastewater in Accordance with National Pollutant Discharge Elimination 

Tyson Foods Inc, Carthage Processing Plant

Facility Requirements

Permit Number:MS0026140

Activity ID No.: PER20100001

AI0000002443 (continued):

Submittal/Action Requirements:ConditionNo. Condition

ReportingMonitoring results obtained during the previous reporting period shall be summarized and reported on a Discharge Monitoring RepoPOSTMARKED NO LATER THAN THE 28TH DAY OF THE MONTH FOLLOWING THE COMPLETED REPORTING PERIother reports required herein, shall be signed in accordance with Chapter One Sections II.C. and II.E. of the Mississippi Wastewater be submitted to the Mississippi Environmental Quality Permit Board at the following address:Mississippi Department of Environmental QualityOffice of Pollution ControlP.O. Box 2261Jackson, Mississippi 39225. [WPC-1 Chapter One Section IV.A(15)c(1)]

S-1

Reporting Requirements - Planned ChangesThe permittee shall give notice to the Permit Board as soon as possible of any planned physical alterations or additions, including buoperation to the permitted facility. Notice is required in the circumstances that follow:(1) The alteration or addition to a permitted facility may meet one of the criteria for determining whether the facility is a new source (2) The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notificatioare not subject to either effluent limitations in the permit or notification requirements under 40 CFR 122.42(a)(1).(3) The alteration or addition results in a significant change in the permittee's sludge use or disposal practices, and such alteration, athe application of permit conditions that are different from or absent in the existing permit, including notification of additional use oduring the permit application process or not reported pursuant to an approved land application plan; [WPC-1 Chapter One Section I

S-2

Reporting Requirements - Anticipated NoncomplianceThe permittee shall give advance notice to the Permit Board of any planned changes in the permitted facility or activity which may r

permit requirements. [WPC-1 Chapter One Section IV.A(15)b]

S-3

*** Official MDEQ Permit - Version 1.1 ***
Permit to Discharge Wastewater in Accordance with National Pollutant Discharge Elimination 

Tyson Foods Inc, Carthage Processing Plant

Facility Requirements

Permit Number:MS0026140

Activity ID No.: PER20100001

AI0000002443 (continued):

Submittal/Action Requirements:ConditionNo. Condition

Noncompliance Notification - Twenty-Four Hour Reporting

(1) The permittee shall report any noncompliance which may endanger health or the environment. Any information shall be provide

the time the permittee becomes aware of the circumstances. A written submission shall also be provided within 5 days of the time tthe circumstances. The written submission shall contain a description of the noncompliance and its cause; the period of noncompliatimes, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to prevent recurrence of the noncompliance.(2) The following shall be included as information which must be reported within 24 hours under this paragraph.(i) Any unanticipated bypass which exceeds any effluent limitation in the permit.(ii) Any upset which exceeds any effluent limitation in the permit.(iii) Violation of a maximum daily discharge limitation for any of the pollutants listed by the Permit Board in the permit to be repor(iv) The Executive Director may waive the written report on a case-by-case basis for reports under paragraph (1) of this section if thwithin 24 hours. [WPC-1 Chapter One Section IV.A(29)e]

S-4

Noncompliance Notification - Other Noncompliance

The permittee shall report all instances of noncompliance not reported under the twenty-four hour reporting requirements, at the tim

submitted or within 30 days from the end of the month in which the noncompliance occurs. The reports shall contain the same infortwenty-four hour reporting requirements contained in this permit. [WPC-1 Chapter One Section IV.A(29)f]

S-5

Noncompliance Notification - Other Information

Where the permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect informa

in any report to the Permit Board, it shall promptly submit such facts or information. [WPC-1 Chapter One Section IV.A(29)g]

S-6

Expiration of PermitAt least 180 days prior to the expiration date of this permit pursuant to the State law and regulation, the permittee who wishes to conpermit shall submit an application to the Permit Board for reissuance. The Permit Board may grant permission to submit an applicathan the expiration date of the permit. [WPC-1 Chapter One Section V.B(1)]

S-7

*** Official MDEQ Permit - Version 1.1 ***
Permit to Discharge Wastewater in Accordance with National Pollutant Discharge Elimination 

Tyson Foods Inc, Carthage Processing Plant

Facility Requirements

Permit Number:MS0026140

Activity ID No.: PER20100001

AI0000002443 (continued):

Submittal/Action Requirements:ConditionNo. Condition

Requirements Regarding Cooling and Boiler Water AdditivesNotification shall be made to the permitting authority in writing not later than sixty (60) days prior to initiating the addition of any c

water and/or boiler water which is subject to discharge, other than those previously approved and/or used. Such notification should (1) Name and composition of the proposed additive,(2) Proposed discharge concentration,(3) Dosage addition rates,(4) Frequency of use,(5) EPA registration, if applicable, and(6) Aquatic species toxicological data.Written approval must be received from the permitting authority prior to initiating use. [WPC-1 Chapter One Section IV.A(14)]

S-8

Narrative Requirements:

Definitions:

ConditionNo. Condition

Definitions: GeneralThe permittee shall refer to WPC-1, Chapter 1, Section I.A for definitions of any permit term not specified in this permit. [WPC-1 C

T-1

Definitions: Monthly Average"Monthly Average" means the average of "daily discharges" over a calendar month, calculated as the sum of all "daily discharges" m

month divided by the number of "daily discharges" measured during the month. The monthly average for fecal coliform bacteria is discharges" measured during the calendar month. In computing the geometric mean for fecal coliform bacteria, the value one (1) shresults of zero. [WPC-1 Chapter One Section I.A(40)]

T-2

*** Official MDEQ Permit - Version 1.1 ***
Permit to Discharge Wastewater in Accordance with National Pollutant Discharge Elimination 

Tyson Foods Inc, Carthage Processing Plant

Facility Requirements

Permit Number:MS0026140

Activity ID No.: PER20100001

AI0000002443 (continued):

Narrative Requirements:

Definitions:

ConditionNo. Condition

Definitions: Daily Discharge"Daily discharge" means the "discharge of a pollutant" measured during a calendar day or any 24-hour period that reasonably represpurposes of sampling. For pollutants with limitations expressed in units of mass, the "daily discharge" is calculated as the total masover the day. For pollutants with limitations expressed in other units of measurements, the "daily average" is calculated as the averadischarge of the pollutant over the day. [WPC-1 Chapter One Section I.A(14)]

T-3

Definitions: Daily Maximum"Daily maximum" means the highest "daily discharge" over a calendar month. [WPC-1 Chapter One Section I.A(15)]

T-4

Definitions: Toxic Pollutants"Toxic pollutants" means any pollutant listed as toxic under Section 307(a)(1) or, in the case of "sludge use or disposal practices", aregulations implementing Section 405(d) of the Clean Water Act. [WPC-1 Chapter One Section I.A]

T-5

Definitions: Hazardous Substances"Hazardous substances" are defined in 40 CFR 116.4. [40 CFR 116.4]

T-6

Definitions: Weekly Average"Weekly average" means the average of "daily discharges" over a calendar week, calculated as the sum of all "daily discharges" medivided by the number of "daily discharges" measured during that week. The weekly average for fecal coliform bacteria is the geomdischarges" measured in a calendar week. In computing the geometric mean for fecal coliform bacteria, one (1) shall be substituted self-monitoring purposes, the value to be reported is the single highest weekly average computed during a calendar month. [WPC-1 

T-7

*** Official MDEQ Permit - Version 1.1 ***
Permit to Discharge Wastewater in Accordance with National Pollutant Discharge Elimination 

Tyson Foods Inc, Carthage Processing Plant

Facility Requirements

Permit Number:MS0026140

Activity ID No.: PER20100001

AI0000002443 (continued):

Narrative Requirements:

Definitions:

ConditionNo. Condition

Definitions: Quarterly Average"Quarterly Average" means the average of "daily discharges" over a three month period, calculated as the sum of all "daily dischargdivided by the number of "daily discharges" measured during the quarter. The quarterly average for fecal coliform bacteria is the gedischarges" measured during the quarter. In computing the geometric mean for fecal coliform bacteria, the value one (1) shall be suzero. [WPC-1 Chapter One Section I.A(26)]

T-8

Definitions: Maximum Monthly AverageMaximum Monthly Average means the highest "monthly average" over a monitoring period. [40 CFR 122]

T-9

Definitions: Quarterly Maximum"Quarterly Maximum" means the highest "daily discharge" measured over a three-month period. [WPC-1 Chapter One Section I.A(

T-10

Definitions: Yearly Average"Yearly Average" means the average of "daily discharges" over a calendar year, calculated as the sum of all "daily discharges" measdivided by the number of "daily discharges" measured during the calendar year. The yearly average for fecal coliform bacteria is thdischarges" during the calendar year. In computing the geometric mean for fecal coliform bacteria, the value one (1) shall be substi[WPC-1 Chapter One Section I.A(77)]

T-11

Definitions: Yearly Maximum"Yearly Maximum" means the highest "daily discharge" measured over a calendar year. [WPC-1 Chapter One Section I.A(78)]

T-12

Definitions: SubmittedExcept as specifically defined, or otherwise noted, in an applicable regulation or permit, any report, application, or other document oby these regulations, or by a permit issued by the Permit Board, to be submitted to the Commission, Permit Board, or MDEQ shall bits receipt by MDEQ. [WPC-1 Chapter One]

T-13

*** Official MDEQ Permit - Version 1.1 ***
Permit to Discharge Wastewater in Accordance with National Pollutant Discharge Elimination 

Tyson Foods Inc, Carthage Processing Plant

Facility Requirements

Permit Number:MS0026140

Activity ID No.: PER20100001

AI0000002443 (continued):

Narrative Requirements:ConditionNo. Condition

The permittee shall achieve compliance with the effluent limitations specified for discharge in accordance with the following schedu[WPC-1 Chapter One Section IV.A(9)]

T-14

Within 14 days after either an interim or final date of compliance specified by this permit, the permittee shall provide the Permit Bocompliance or noncompliance with the requirements or conditions specified to be completed by that date. [WPC-1 Chapter One Sec

T-15

Representative SamplingSamples and measurements taken as required herein shall be representative of the volume and nature of the monitored wastewater. [

IV.A(28)e]

T-16

ReportingIf the results for a given sample analysis are such that any parameter (other than fecal coliform) is not detected at or above the minimused, a value of zero will be used for that sample in calculating an arithmetic mean value for the parameter. If the resulting calculatthat reporting period is zero, the permittee shall report "NODI = B" on the DMR. For fecal coliform, a value of 1.0 shall be used in mean. If the resulting fecal coliform mean value is 1.0, the permittee shall report "NODI = B" on the DMR. For each quantitative sdetectable, the test method used and the minimum level for that method for that parameter shall be attached to and submitted with ththen be considered in compliance with the appropriate effluent limitation and/or reporting requirement. [WPC-1 Chapter One Sectio

T-17

ReportingIf the permittee monitors any pollutant as prescribed in the permit more frequently than required by the permit using test procedures 

136 or, in the case of sludge use or disposal, approved under 40 CFR Part 136 unless otherwise specified in 40 CFR Part 503, or as results of this monitoring shall be included in the calculation and reporting of the data submitted in the DMR or sludge reporting forBoard. [WPC-1 Chapter One Section IV.A(15)c(2)]

T-18

ReportingCalculations for all limitations which require averaging of measurements shall utilize an arithmetic mean unless otherwise specified permit. [WPC-1 Chapter One Section IV.A(15)c(3)]

T-19

*** Official MDEQ Permit - Version 1.1 ***
Permit to Discharge Wastewater in Accordance with National Pollutant Discharge Elimination 

Tyson Foods Inc, Carthage Processing Plant

Facility Requirements

Permit Number:MS0026140

Activity ID No.: PER20100001

AI0000002443 (continued):

Narrative Requirements:ConditionNo. Condition

Test ProceduresTest procedures for the analysis of pollutants shall include those set forth in 40 CFR 136 or alternative procedures approved and/or Chapter One Section IV.A(30)]

T-20

Records RetentionAll records and results of monitoring activities required by this permit, including calibration and maintenance records, shall be retaiminimum of three (3) years, unless otherwise required or extended by the Permit Board, copies of which shall be furnished to the D[WPC-1 Chapter One Section IV.A(29)a]

T-21

Falsifying ReportsAny permittee who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required by the Permicondition in a permit, or who alters or falsifies the results obtained by such devices or methods and/or any written report required by condition, shall be deemed to have violated a permit condition and shall be subject to the penalties provided for a violation of a permSection 49-17-43 of the Code. [WPC-1 Chapter One Section IV.A(29)d]

T-22

Facility Expansion and/or ModificationAny facility expansion, production increases, process modifications, changes in discharge volume or location or other changes in oppermittee which may result in a new or increased discharge of waste, shall be reported to the Permit Board by submission of a new apursuant to Section II.A. of the Mississippi Wastewater Regulations, or if the discharge does not violate effluent limitations specifieto the Permit Board a notice of a new or increased discharge. [WPC-1 Chapter One Section IV.A(14)]

T-23

Duty to ComplyThe permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Clean Water enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application. [WIV.A(2)]

T-24

*** Official MDEQ Permit - Version 1.1 ***
Permit to Discharge Wastewater in Accordance with National Pollutant Discharge Elimination 

Tyson Foods Inc, Carthage Processing Plant

Facility Requirements

Permit Number:MS0026140

Activity ID No.: PER20100001

AI0000002443 (continued):

Narrative Requirements:ConditionNo. Condition

Proper Operation, Maintenance and ReplacementThe permittee shall at all times properly operate, maintain, and when necessary, promptly replace all facilities and systems of collecrelated appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this permit. Proper includes adequate laboratory controls and appropriate quality assurance procedures. Proper replacement includes maintaining an adreplacement equipment and parts for prompt replacement when necessary to maintain continuous collection and treatment of wastewthe operation of back-up or auxiliary facilities or similar systems that are installed by a permittee only when the operation is necessathe conditions of the permit. [WPC-1 Chapter One Section IV.A(18)]

T-25

Duty to MitigateThe permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of the permlikelihood of adversely affecting human health or the environment. [WPC-1 Chapter One Section IV.A(19)]

T-26

BypassingThe permittee shall comply with the terms and conditions regarding bypass found in 40 CFR 122.41(m). [40 CFR 122.41(m)]

T-27

Bypassing - Definitions"Bypass" means the intentional diversion of waste streams from any portion of a treatment facility."Severe property damage" means substantial physical damage to property, damage to the treatment facilities which causes them to bsubstantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe peconomic loss caused by delays in production. [40 CFR 122.41(m)]

T-28

Bypassing - Bypass not exceeding limitationsThe permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for esseefficient operation. These bypasses are not subject to the notice and prohibition provisions of the bypass requirements in this permi

T-29

*** Official MDEQ Permit - Version 1.1 ***
Permit to Discharge Wastewater in Accordance with National Pollutant Discharge Elimination 

Tyson Foods Inc, Carthage Processing Plant

Facility Requirements

Permit Number:MS0026140

Activity ID No.: PER20100001

AI0000002443 (continued):

Narrative Requirements:ConditionNo. Condition

Bypassing -NoticeAnticipated bypassIf the permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of Unanticipated bypassThe permittee shall submit notice of an unanticipated bypass as required by the twenty-four hour reporting requirements set forth in 122.41(m)]

T-30

Bypassing- Prohibition of Bypass(1) Bypass is prohibited, and the Commission may take enforcement action against a permittee unless:(i) Bypass was unavoidable to prevent loss of life, personal injury, or sever property damage.(ii) There was no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, operiods of equipment downtime. This condition is not satisfied if adequate back-up equipment should have been installed in the exejudgement to prevent a bypass which occurred during normal periods of equipment downtime or preventative maintenance; and

(iii) The permittee submitted notices as required under the Twenty-Four Hour reporting requirements set forth in this permit.(2) The Commission may approve an anticipated bypass, after considering its adverse affects, if the Commission determines that it w

listed above in paragraph (1) of this permit condition. [40 CFR 122.41(m)]

T-31

UpsetsThe permittee shall meet the conditions of 40 CFR 122.41(n) regarding "Upsets" and as in the upset requirements of this permit. [WIV.A(27)]

T-32

Upsets- Definition"Upset" means an exceptional incident in which there is unintentional and temporary noncompliance with technology based permit factors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operationatreatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. [WPC-1 Chap

T-33

*** Official MDEQ Permit - Version 1.1 ***
Permit to Discharge Wastewater in Accordance with National Pollutant Discharge Elimination 

Tyson Foods Inc, Carthage Processing Plant

Facility Requirements

Permit Number:MS0026140

Activity ID No.: PER20100001

AI0000002443 (continued):

Narrative Requirements:ConditionNo. Condition

Upsets - Effect of an UpsetAn upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent liminecessary for demonstration of upset" requirements of this permit are met. Any determination made during administrative review owas caused by upset, and before an action for noncompliance, shall not constitute final administrative action subject to judicial revieSection IV.A(27)]

T-34

Upsets - Conditions necessary for demonstration of upsetA permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed contemporaneous oevidence that:(1) An upset occurred and that the permittee can identify the cause(s) of the upset;(2) The permitted facility was at the time being properly operated;(3) The permittee submitted notice of the upset as required in 40 CFR 122.41(L)(6)(ii)(B)(24-hour notice of noncompliance); and(4) The permittee complied with any remedial measures required under 40 CFR 122.41(d) (Duty to Mitigate). [WPC-1 Chapter One 

T-35

Upsets - Burden of proof In any enforcement proceeding the permittee seeking to establish the occurrence of an upset has the burden of proof. [WPC-1 Chap

T-36

Removed SubstancesSolids, sludges, filter backwash, or other residuals removed in the course of treatment or control of wastewater shall be disposed of 

such materials from entering State waters and in a manner consistent with the Mississippi Solid Waste Disposal Act, the Federal ReRecovery Act, and the Mississippi Water Pollution Control Act. [WPC-1 Chapter One Section IV.A(21)]

T-37

*** Official MDEQ Permit - Version 1.1 ***
Permit to Discharge Wastewater in Accordance with National Pollutant Discharge Elimination 

Tyson Foods Inc, Carthage Processing Plant

Facility Requirements

Permit Number:MS0026140

Activity ID No.: PER20100001

AI0000002443 (continued):

Narrative Requirements:ConditionNo. Condition

Power FailuresIf electric power is required, in order to maintain compliance with the conditions and prohibitions of the permit, the permittee shall (1) Provide an alternative power source to operate the wastewater control facilities; or, if such alternative power source is not in exiimplementation appears in the permit,(2) Halt, reduce, or otherwise control production and/or all wastewater flows upon reduction, loss, or failure of the primary source ocontrol facilities. [WPC-1 Chapter One Section IV.A(22)]

T-38

Inspection and EntryThe permittee shall allow any authorized Commission representative to enter the permittee's premises at any reasonable time, to havapplicable records, to inspect process facilities, treatment works, monitoring methods or equipment or to take samples, as authorized Code. In the event of investigation during an emergency response action, a reasonable time shall be any time of the day or night. Fsubsequent to the conclusion of the emergency event shall be conducted at reasonable times. [WPC-1 Chapter One Section IV.A(17

T-39

Transfer of Ownership or ControlThis permit is not transferable to any person without proper modification of this permit following procedures found in WPC-1, Chap

Chapter One Section V.C]

T-40

Signatory RequirementsAll applications, reports, or information submitted to the Permit Board shall be signed and certified. [WPC-1 Chapter One Section I

T-41

*** Official MDEQ Permit - Version 1.1 ***
Permit to Discharge Wastewater in Accordance with National Pollutant Discharge Elimination 

Tyson Foods Inc, Carthage Processing Plant

Facility Requirements

Permit Number:MS0026140

Activity ID No.: PER20100001

AI0000002443 (continued):

Narrative Requirements:ConditionNo. Condition

Signatory Requirements - Application SignaturesAll permit applications shall be signed as follows:(1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (i) treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar pofunction for the corporation, or (ii) the manager of one or more manufacturing, production, or operating facilities provided, the manmanagement decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making recommendations, and initiating and directing other comprehensive measures to assure long term environmental compliance with enregulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate inforequirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate p(2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or(3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official. [WP

T-42

Signatory Requirements -Reports and Other InformationAll reports required by the permit and other information requested by the Permit Board shall be signed by a person described by the 

requirements in this permit or by a duly authorized representative of that person. A person is a duly authorized representative only i(1) The authorization is made in writing by a person described by the application signature requirements;(2) The authorization specifies either an individual or a position having responsibility for the overall operation of the regulated facilposition of plant manager, operator of a well or a well field, superintendent, position having overall responsibility for environmentaduly authorized representative may thus be either a named individual or any individual occupying a named position.); and(3) The written authorization is submitted to the Permit Board. [WPC-1 Chapter One Section II.C]

T-43

*** Official MDEQ Permit - Version 1.1 ***
Permit to Discharge Wastewater in Accordance with National Pollutant Discharge Elimination 

Tyson Foods Inc, Carthage Processing Plant

Facility Requirements

Permit Number:MS0026140

Activity ID No.: PER20100001

AI0000002443 (continued):

Narrative Requirements:ConditionNo. Condition

Signatory Requirements - Changes to AuthorizationIf an authorization under the signatory requirements of this permit is no longer accurate because a different individual or position haoperation of the facility, a new authorization satisfying the signatory requirements of this permit must be submitted to the Permit Boany reports, information, or applications. [WPC-1 Chapter One Section II.C]

T-44

Signatory Requirements - CertificationAny person signing a document under the signatory requirements stated in this permit shall make the following certification:"I certify under penalty of law that this document and all attachments were prepared under the direction or supervision in accordancassure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or personthose persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belieI am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment foChapter One Section II.C]

T-45

Availability of RecordsExcept for information deemed to be confidential under the Mississippi Code Ann. 49-17-39 and 40 CFR 123.41, file information remade available for public inspection and copying during normal business hours at the office of the Department of Environmental QuWritten request must be provided in accordance with policies developed by the Commission and must state, specifically, records proproposed for review and copying requirements. [WPC-1 Chapter One Section III.E]

T-46

Duty to Provide InformationThe permittee shall furnish to the Permit Board within a reasonable time any relevant information which the Permit Board may requexists for modifying, revoking and reissuing, or terminating the permit, or to determine compliance with the permit. The permittee sBoard upon request, copies of records required to be kept by the permit. [WPC-1 Chapter One Section IV.A(16)]

T-47

*** Official MDEQ Permit - Version 1.1 ***
Permit to Discharge Wastewater in Accordance with National Pollutant Discharge Elimination 

Tyson Foods Inc, Carthage Processing Plant

Facility Requirements

Permit Number:MS0026140

Activity ID No.: PER20100001

AI0000002443 (continued):

Narrative Requirements:ConditionNo. Condition

Toxic PollutantsThe permittee shall comply with any toxic effluent standard or prohibition (including any schedule of compliance specified in such established under Section 307(a) of the Federal Water Pollution Control Act. [WPC-1 Chapter One Section IV.A(26)]

T-48

Toxic Pollutants Notification RequirementsThe permittee shall comply with the applicable provisions of 40 CFR 122.42. [WPC-1 Chapter One Section IV.A(26)]

T-49

Civil and Criminal Liability(1) Any person who violates a term, condition or schedule of compliance contained within this permit or the Mississippi Water Pollthe actions defined by law.(2) Except as provided in permit conditions on "Bypassing" and "Upsets", nothing in this permit shall be construed to relieve the pepenalties for noncompliance.(3) It shall not be the defense of the permittee in an enforcement action that it would have been necessary to halt or reduce the permmaintain compliance with the conditions of this permit. [WPC-1 Chapter One Section IV.A(24)]

T-50

Oil and Hazardous Substance LiabilityNothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibili

which the permittee is or may be subject to under Section 311 of the Federal Water Pollution Control Act and applicable provisions pertaining to transportation, storage, treatment, or spillage of oil or hazardous substances. [WPC-1 Chapter One Section IV.A(23)]

T-51

Property RightsThe issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor d

private property or any invasion of personal rights, nor any infringement of Federal, State, or local laws or regulations. [WPC-1 Cha

T-52

*** Official MDEQ Permit - Version 1.1 ***
Permit to Discharge Wastewater in Accordance with National Pollutant Discharge Elimination 

Tyson Foods Inc, Carthage Processing Plant

Facility Requirements

Permit Number:MS0026140

Activity ID No.: PER20100001

AI0000002443 (continued):

Narrative Requirements:ConditionNo. Condition

SeverabilityThe provisions of this permit are severable. If any provision of this permit, or the application of any provision of this permit to any held invalid, the validity of the remaining permit provisions and/or portions thereof or their application to other persons or sets of ciaffected thereby. [WPC-1 Chapter One Section IV.A(25)]

T-53

Protection of Confidential Information(1) Pursuant to Miss. Code Ann. ' 49-17-39 and 40 CFR 123.41, the Permit Board shall make available to the public all information public comments on such information. Effluent data and information concerning air or water quality shall also be made available to determined by the Commission to be trade secrets shall not be disclosed to the public without prior consent of the source of such infconfidentiality is made by a person in accordance with the provisions of Miss. Code Ann. ' 49-17-39, a recommendation on the quesmade by the Commission and forwarded to the Regional Administrator (or his/her designee) of EPA for his concurrence in such det[WPC-1 Chapter One Section III.F]

T-54

Protection of Confidential Information- continued(2) A copy of a State, UIC, or NPDES permit application, public notice, fact sheet, draft permit and other forms relating thereto, incand other reports, files and information relating to the application not classified as confidential information by the Commission pursrequirement, shall be available for public inspection and copying during normal business hours at the office of the Department in JaChapter One Section III.F]

T-55

Protection of Confidential Information- continued(3) Upon determination by the Commission that information submitted by a permit applicant is entitled to protection against disclosinformation shall be so labeled and otherwise handled as confidential. Copies of the information and a notice of the Commission's aRegional Administrator (or his/her designee). In making its determination of entitlement to protection as a trade secret, the Commisset forth in Miss. Code Ann. ' 49-17-39. In the event the Commission denies the claim of confidentiality, the applicant shall have, uright to appeal the Commission's determination in the same manner provided for other orders of the Commission. No disclosure, exuntil any appeal from the determination of the Commission is completed. [WPC-1 Chapter One Section III.F]

T-56

*** Official MDEQ Permit - Version 1.1 ***
Permit to Discharge Wastewater in Accordance with National Pollutant Discharge Elimination 

Tyson Foods Inc, Carthage Processing Plant

Facility Requirements

Permit Number:MS0026140

Activity ID No.: PER20100001

AI0000002443 (continued):

Narrative Requirements:ConditionNo. Condition

Spill Prevention and Best Management PlansAny permittee which has above ground bulk storage capacity, of more than 1320 gallons or any single container with a capacity grematerials and/or liquids (including but not limited to, all raw, finished and/or waste material) with chronic or acute potential for pollState and not subject to Mississippi Hazardous Waste Management Regulations or 40 CFR 112 (Oil Pollution Prevention) regulatiocontainment as found in 40 CFR 112 or equivalent protective measures such as trenches or waterways which would conduct any tantreatment system or sufficient equalization or treatment capacity needed to prevent chronic/acute pollution impact. [WPC-1 Chapter 

T-57

Reopener ClauseThis permit shall be modified, or alternately, revoked and reissued, to comply with any applicable effluent standard, limitation or sto

approved under Section 301(b)(2)(C), and (D), 304(b)(2), 307(a)(2) and 402(p) of the Federal Water Pollution Control Act if the effregulation so issued or approved:1. Contains different conditions or is otherwise more stringent than any effluent limitation in the permit; or2. Controls any pollutant not limited in the permit. [WPC-1 Chapter One Section IV.F(1)]

T-58

Closure RequirementsShould the permittee decide to permanently close and abandon the premises upon which it operates, it shall provide a Closure Plan tthan 90 days prior to doing so. This Closure Plan shall address how and when all manufactured products, by-products, raw materialand liquid waste and residues will be removed from the premises or permanently disposed of on site such that no potential environmthe State will be presented. Closure plan(s) submitted to and approved by Mississippi Department of Environmental Quality for comenvironmental regulations will satisfy the closure requirements for those items specifically addressed in the closure plan(s) as long apotential for environmental hazard to waters of the State. [WPC-1 Chapter One Section IV.A(11)]

T-59

Permit ActionsThe permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the permittee for a permit moreissuance, or termination, or a modification of planned changes or anticipated noncompliance, does not stay any permit condition. V.C(5)]

T-60

*** Official MDEQ Permit - Version 1.1 ***
Permit to Discharge Wastewater in Accordance with National Pollutant Discharge Elimination 

Tyson Foods Inc, Carthage Processing Plant

Facility Requirements

Permit Number:MS0026140

Activity ID No.: PER20100001

RPNT0000000002 (MS0026140 -001) Outfall 001 (Treated Process and Sanitary Wastewater and Non-Contact Cooli

Submittal/Action Requirements:ConditionNo. Condition

The Permittee shall submit analytical results on a monthly Discharge Monitoring Report (DMR): Due monthly, by the 28th of the suChapter One IV.A(15)(c)]

S-1

The Permittee shall submit analytical results on an annual Discharge Monitoring Report (DMR): Due annually by the 28th of JanuaIV.A(15)(c)]

S-2

Narrative Requirements:ConditionNo. Condition

There is no test method to monitor total nitrogen. Total Nitrogen is the total of nitrate/nitrite and total kjeldahl nitrogen. Nitrate/nitnitrogen must be monitored and the results added together to obtain a value for total nitrogen. [WPC-1 Chapter One]

T-1

Total Residual Copper and Total Residual Zinc shall be monitored once per month with a grab sample of the effluent. After the firsthe data will be re-evaluated and the permit may be modified accordingly. [WPC-1 Chapter One]

T-2

*** Official MDEQ Permit - Version 1.1 ***
GENERAL INFORMATION

3865 Highway 35 North

Carthage, MS

Leake County

Alternate/Historic Identifiers

ID Alternate/Historic Name User Group S

2443 Tyson Foods, Inc. Official Site Name 12807900005 Tyson Foods Inc, Carthage Proc Plant Air-AIRS AFS (MDEQ USE ONLY) 1152000005 Choctaw Maid Farms, Inc., Carthage Processing Plant Air-State Operating 1MSR100513 Choctaw Maid Farms, Inc., Carthage Processing Plant GP-Construction MSR110087 Choctaw Maid Farms, Inc., Carthage Processing Plant GP-Sara Title III 1MS0026140 Choctaw Maid Farms, Inc., Carthage Processing Plant Water - NPDES 4MS0026140 Choctaw Foods, Inc. Water - NPDES 6MSR110087 Choctaw Maid Farms, Inc., Carthage Processing Plant GP-Baseline 2443 Choctaw Maid Farms, Inc. Historic Site Name 1MS0026140 Tyson Foods Inc, Carthage Processing Plant Water - NPDES 1MSR110087 Tyson Foods Inc, Carthage Processing Plant GP-Baseline 1MSR103666 Tyson Foods Inc, Carthage Processing Plant GP-Construction 6MSR110087 Tyson Foods, Inc., Choctaw Maid Farms Inc GP-Baseline 1MS0026140 Tyson Foods Inc, Carthage Processing Plant Water - NPDES 4MSR110087 Tyson Foods Inc, Carthage Processing Plant GP-Baseline MS0026140 Tyson Foods Inc, Carthage Processing Plant Water - NPDES 

Tyson Foods Inc, Carthage Processing Plant

Basin: Pearl River Basin

Location Description:CE - Center of Facility. Data collected by Mark Oliver on 4/16/2002. Elevation 493 feet.

32o 49' 23" 8 tenths 89o 32' 5" 8 tenths 49' 23" 8 tent 89o h 8 tent 32' 5" h Latitude: Longitude:

Page A-1 of A-1

*** Official MDEQ Permit - Version 1.1 ***