# ADEM

ALABAMA

DEPARTMENT OF ENVIRONMENTAL MANAGEMENT



# NATIONAL POLLUTANT

DISCHARGE ELIMINATION

SYSTEM

GENERAL PERMIT

DISCHARGE AUTHORIZED: DISCHARGES OF NON-CONTACT COO LING WATER, COOLING TOWER BLOWDOWN, AND BOILER BLOWDOWN WITH AND WITHOUT

DEMINERALIZER WASTEWATER

AREA OF COVERAGE: THE STATE OF ALABAMA

PERMIT NUMBER: ALG250000

RECEIVING WATERS: ALL WATERS OF THE STATE NOT DESIG NATED OUTSTANDING NATIONAL RESOURCE WATER, OUTSTANDING ALABAMA WATER,

OR TREASURED ALABAMA LAKE

In accordance with and subject to the provisions o f Federal Water Pollution Control Act, as amended, 33 U.S.C. §§1251-1378 (the “FWPCA”), the Alabama Water Pollut ion Control Act, as amended, Code of Alabama 1975, §§22- 22-1 to 22-22-14 (the "AWPCA"), the Alabama Environ mental Management Act, as amended, Code of Alabama

1975 , §§22-22A-1 to 22-22A-15, and rules and regulation s adopted thereunder, and subject further to the te rms and conditions set forth in this permit, the discharger s covered by this permit are hereby authorized to d ischarge into the above receiving waters.

ISSUANCE DATE: October 31, 2011

EFFECTIVE DATE: April 1, 2012

EXPIRATION DATE: March 31, 2017



### Alabama Department of Environmental Management2 NON-CONTACT COOLING WATER GENERAL PERMIT

TABLE OF CONTENTS

PART I DISCHARGE LIMITATIONS, CONDITIONS, AND REQU IREMENTS

A. Discharge Limitations and Monitoring Requireme nts

B. Discharge Monitoring and Record Keeping Requir ements

1. Representative Sampling

2. Test Procedures 3. Recording of Results

4. Records Retention and Production 5. Monitoring Equipment and Instrumentation

C. Discharge Reporting Requirements 1. Reporting of Monitoring Requirements 2. Noncompliance Notification

D. Other Reporting and Notification Requirements 1. Anticipated Noncompliance 2. Termination of Discharge 3. Updating Information 4. Duty to Provide Information 5. New or Increased Discharge 6. Cooling Water and Boiler Water Additives

E. Schedule of Compliance

PART II OTHER REQUIREMENTS, RESPONSIBILITIES, AND D UTIES

A. Requirement for Coverage Under This General Perm it

1. Notice of Intent

2. Content of Notice of Intent

B. Operational and Management Requirements 1. Facilities Operation and Maintenance 2. Best Management Practices 3. Spill Prevention, Control, and Management

C. Other Responsibilities 1. Duty To Mitigate Adverse Impact 2. Right of Entry and Inspection

D. Bypass and Upset 1. Bypass 2. Upset

E. Duty to Comply with Permit, Rules, and Statute s 1. Duty to Comply

2. Removed Substances

3. Loss or Failure of Treatment Facilities 4. Compliance with Statutes and Rules

F. Permit Transfer, Modification, Suspension, Rev ocation, Reissuance, and Termination 1. Duty to Reapply or Notify of Intent to Cease Discharge 2. Change in Discharge

3. Transfer of Permit

4. Permit Modification, Revocation and Reissuanc e (of Modified General or Individual), and Terminat ion

5. Issuance of an Individual Instead of a Genera l Permit 6. Request for Individual Permit by General Perm it Holder 7. Request for Permit Action Does Not Stay Any P ermit Requirement

G. Compliance with Toxic Pollutant Standard or Pr ohibition

H. Discharge of Wastewater Generated by Others

PART III OTHER PERMIT CONDITIONS

A. Civil and Criminal Liability

B. Oil and Hazardous Substance Liability

C. Property and Other Rights

D. Availability of Reports

E. Compliance With Water Quality Standards

F. Groundwater

G. Definitions

H. Severability

PART IV ADDITIONAL REQUIREMENTS, CONDITIONS, AND LI MITATIONS

A. Best Management Practices (BMP) Plan

B. Discharges to Impaired Waters Requirements

C. Cooling Water Intake Structures (CWIS) Require ments3NON-CONTACT COOLING WATER GENERAL PERMIT LIMITSGENERAL NPDES PERMIT ALG250000PART IA. DISCHARGE LIMITATIONS AND MONITORING REQUIREMENTSDuring the period beginning on the effective date of this permit and lasting through the expiration date of this permit, the permittee isauthorized to discharge from the following point source(s) outfall(s), described more fully in the permittee's application:DSN001: Discharges associated with non-contact cooling water, cooling tower blowdown, uncontaminated condensate, boilerblowdown, and demineralizer wastewater. 1/ 2/Such discharge shall be limited and monitored by the permittee as specified below:EFFLUENT CHARACTERISTICUNITSDISCHARGE LIMITATIONSMONITORING REQUIREMENTS 1/Daily Minimum Daily Maximum Monthly Average Measurement SampleFrequency TypeFlow gal/day - Monitor - 1/month InstantaneouspH s.u. 6.0 8.5 - 1/month GrabTemperature 3/ oF - 90 - 1/month GrabTotal Residual Chlorine 4/ 5/ 6/ mg/l - 0.019 0.011 1/2 weeks GrabChlorides, Total 7/ mg/l - 860 - 1/month GrabTotal Dissolved Solids 7/ mg/l - Monitor - 1/month GrabTHE DISCHARGE SHALL HAVE NO SHEEN, AND THERE SHALLBE NO DISCHARGEOF VISIBLE OIL, FLOATING SOLIDS OR VISIBLE FOAM INOTHER THAN TRACE AMOUNTS.1/ Samples collected to comply with the monitoring requirements specified above shall be collected at the following location: At the nearestaccessible location just prior to discharge and after final treatment. Unless otherwise specified, composite samples shall be time compositesamples collected using automatic sampling equipment or a minimum of eight (8) equal volume grab samples collected over equal timeintervals. All composite samples shall be collectedfor the total period of discharge not to exceed 24hours.2/ If necessary, the demineralizer wastewater may bediluted to meet water quality standards.3/ Discharges into the Tennessee and Cahaba Rivers including their tributaries or into that stretch ofthe Tallapoosa River that lies betweenThurlow Dam and the confluence of the Tallapoosa and Coosa Rivers including any tributaries shall notexceed 86oF.4/ If the discharge is greater than 2,500 feet froma water of the state, monitoring of chlorine may not be required if the conditions of “CoolingWater Monitoring Options” of the “Notice of Intent”are met. However, the facility must code the total residual chlorine parameter on theelectronic Discharge Monitoring Report (DMR) as *9or as “NODI=9” on the hard copy DMR (monitoring isconditional not required this period).5/ Monitoring is required during “shock chlorination”, if applicable.6/ Monitoring is not required if the source water isfree of chlorine and no chlorine is added to the cooling water system. However, the facilitymust code the total residual chlorine parameter onthe electronic Discharge Monitoring Report (DMR) as*9 or as “NODI=9” on the hard copyDMR (monitoring is conditional not required this period).7/ To be monitored when demineralizer wastewater isdischarged or when the boiler blowdown volume exceeds 5,000 GPD.4 B. DISCHARGE MONITORING AND RECORD KEEPING REQUIREM ENTS

1. Representative Sampling

Samples and measurements taken as required herein s hall be representative of the volume and nature of the monitored discharge and shall be in accordance with the provisions of this permit.

2. Test Procedures

For the purpose of reporting and compliance, permit tees shall use the Minimum Level (ML) as established by EPA. All analytical values at or abo ve the ML shall be reported as the measured value. Values below the ML shall be reported as “0”. Test procedures for the analysis of pollutants shall con form to 40 CFR Part 136 and guidelines published pursuan t to Section 304(h) of the FWPCA, 33 U.S.C. Section 1314(h). If more than one method for analys is of a substance is approved for use, a method having a minimum level lower than the permit limit shall be used. If the minimum level of all methods is higher than the permit limits, the method having th e lowest minimum level shall be used and a report o f less than the minimum level shall be reported as ze ro and will constitute compliance, however should EPA approve a method with a lower minimum level dur ing the term of this permit the permittee shall use the newly approved method.

For pollutant parameters without an established ML, an interim ML may be utilized. The interim ML shal l

be calculated as 3.18 times the Method Detection Le vel (MDL) calculated pursuant to 40 CFR Part 136, Appendix B.

Permittees may develop an effluent matrix-specific ML, where an effluent matrix prevents attainment of the established ML. However, a matrix specific ML s hall be based upon proper laboratory method and technique. Matrix-specific MLs must be approved by the Department, and may be developed by the permittee during permit issuance, reissuance, modif ication, or during compliance schedule.

When an EPA approved test procedure for analysis of a pollutant does not exist, the Director shall approve the procedure to be used.

3. Recording of Results

For each measurement or sample taken pursuant to th e requirements of this permit, the permittee shall record the following information:

a. The facility name and location, point source nu mber, date, time and exact place of sampling;

b. The name(s) of person(s) who obtained the sampl es or measurements;

c. The dates and times the analyses were performed ;

d. The name(s) of the person(s) who performed the analyses;

e. The analytical techniques or methods used, incl uding source of method and method number; and

f. The results of all required analyses.

4. Records Retention and Production

a. The permittee shall retain records of all monito ring information, including all calibration and maintenance records and all original strip chart re cordings for continuous monitoring instrumentation, copies of all reports required by the permit, and records of all data used to complete the above reports or the application for t his permit, for a period of at least three years from the date of the sample measurement, report or application. This period may be extended by request of the Director at any time. If litigation or other enforcement action, under the AWPCA and/or the FWPCA, is ongoing which involves any of the above records, the records shall be kept until the litigation is resolved. Upon the written request of the Director or his designee, the5 permittee shall provide the Director with a copy of any record required to be retained by this paragraph. Copies of these records shall not be sub mitted unless requested.

b. All records required to be kept for a period of three years shall be kept at the permitted facility or an alternate location approved by the Department in writing and shall be available for inspection. A complete copy of the permit, the Best Management Practices (BMP) Plan, most recent BMP inspection records, and, if applicable, a Spill Pre vention, Control, and Countermeasures (SPCC) Plan shall be maintained at the facility. The past three years of DMRs, laboratory records, and historical BMP inspection and training records may be kept at an alternate Alabama location if approved by the Department.

5. Monitoring Equipment and Instrumentation

All equipment and instrumentation used to determin e compliance with the requirements of this permit

shall be installed, maintained, and calibrated in a ccordance with the manufacturer's instructions or, in the absence of manufacturer's instructions, in accordan ce with accepted practices. At a minimum, flow

measurement devices shall be calibrated at least on ce every 12 months.

C. DISCHARGE REPORTING REQUIREMENTS

1. Reporting of Monitoring Requirements

a. Monitoring results obtained during the previous SEMIANNUAL reporting period shall be summarized on a Discharge Monitoring Report (DMR) F orm approved by the Department and shall be received by the Director no later than the 28 th day of the month following the first complete monitoring period. This permit requires t wice monthly, monthly, quarterly, and semiannual self monitoring. The permittee shall con duct the required monitoring in accordance with the following schedule:

MONITORING REQUIRED MONTHLY AND MORE FREQUENTLY THA N MONTHLY shall be conducted during the first full month following the effective date of initial coverage under this permit and every month thereafter.

QUARTERLY MONITORING shall be conducted at least once during each calen dar quarter. Calendar quarters are the periods of January throug h March, April through June, July through September, and October through December. The permit tee shall conduct the quarterly monitoring during the first full quarter following the effecti ve date of initial coverage and each quarter

thereafter.

SEMI-ANNUAL MONITORING shall be conducted at least once during the period of January through June and at least once during the period of July through December. The permittee shall conduct the semi-annual monitoring during the first complete six-month period following the effective date of initial coverage and each six-mon th period thereafter.

b. The permittee shall submit discharge monitoring reports (DMRs) on the forms provided by the Department and in accordance with the following sch edule:

REPORTS OF MORE FREQUENTLY THAN MONTHLY, MONTHLY, Q UARTERLY, AND SEMIANNUAL MONITORING shall be submitted on a semiannual basis. The semia nnual reports shall be submitted so that they are received by the Depar tment no later than the 28 th day of July and the 28th day of January and each submittal shall re port results of all testing performed during the six month period preceding the reporting month. For example, the semiannual report due on January 28 should report the results of testing con ducted during the months of July through

December.

REPORTS OF ANNUAL TESTING shall be submitted on an annual basis. The annual reports shall be submitted so that they are received by the Department no later than the 28 th day of January and each submittal shall report results of all annual testing performed during the twelve month period preceding the reporting month. For ex ample, the annual report due on January 286 should report the results of testing conducted duri ng the previous months of January through

December.

c. The Department is utilizing a web-based electron ic environmental (E2) reporting system for submittal of DMRs. The E2 DMR system allows ADEM t o electronically validate, acknowledge receipt, and upload data to the state’s central was tewater database. This improves the accuracy of reported compliance data and reduces costs to bo th the regulated community and ADEM. If the permittee is not already participating in the E -DMR system, within 180 days of coverage under this permit, permittees must apply for partic ipation in the E-DMR system unless the facility submits in writing valid justification as to why th ey cannot participate and the Department approves in writing utilization of hard copy DMR su bmittals. To participate in this program, the Permittee Participation Package may be downloaded o nline at https://e2.adem.alabama.gov/npdes . If the electronic environmental (E2) reporting s ystem is down (i.e. electronic submittal of DMR data is unab le to be completed due to technical problems originating with the Department’s system; this coul d include entry/submittal issues with an entire set of DMRs or individual parameters), permittees a re not relieved of their obligation to submit DMR data to the Department by the required submitta l date. However, if the E2 system is down

on the 28 th day of the month or is down for an extended period of time as determined by the Department when a DMR is required to be submitted, the facility may submit the data in an alternate manner and format acceptable to the Depar tment. Preapproved alternate acceptable methods include faxing, e-mailing, mailing, or hand -delivery of data such that they are received by the required reporting date. Within five calend ar days of the E2 system resuming operation, the permittee shall enter the data into the E2 repo rting system, unless an alternate timeframe is approved by the Department. An attachment should b e included with the E2 DMR submittal verifying the original submittal date (date of the fax, copy of dated e-mail, or hand-delivery stamped date). If a permitttee is allowed to submi t via the US Postal Service, then the DMR must be legible and bear an original signature. Photo an d electronic copies of the signature are not acceptable and shall not satisfy the reporting requ irements of this permit. If the permittee, using approved analytical methods as specified in Provisi on I. B. 2. monitors any discharge from a point

source for a limited substance identified in Provis ion I. A. of this permit more frequently than required by this permit, the results of such monito ring shall be included in the calculation and reporting of values on the DMR Form and the increas ed frequency shall be indicated on the DMR Form. In the event no discharge from a point source identified in Provision I. A of this permit and described more fully in the permittee's application occurs during a monitoring period, the permittee shall report "No Discharge" for such peri od on the appropriate DMR Form.

d. All reports and forms required to be submitted by this permit, the AWPCA and the Department's Rules and regulations, shall be electronically sign ed (or if allowed by the Department, traditionally signed) by a "responsible official" of the permitte e as defined in ADEM Administrative Code Rule 335-6-6-.09 or a "duly authorized representative" o f such official as defined in ADEM

Administrative Code Rule 335-6-6-.09 and shall bear the following certification:

"I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a sy stem designed to assure that qualified personnel properly gather and evaluate the informat ion submitted. Based on my inquiry of the person or persons who manage the system, or tho se persons directly responsible for gathering information, the information submitted is , to the best of my knowledge and belief, true, accurate, and complete. I am aware th at there are significant penalties for submitting false information, including the possibi lity of fine and imprisonment for knowing violations."

e. All reports and forms required to be submitted by this permit, the AWPCA and the Department's Rules and being submitted via the US Postal Service shall be addressed to:

Alabama Department of Environmental Management

Post Office Box 301463 Montgomery, Alabama 36130-1463

Attention: Environmental Data Section / Informat ion Systems Branch

f. All submittals required by this permit shall be ar identification of the permittee by permitted nam e and permit number.7 2. Noncompliance Notification

a. If for any reason, the permittee's discharge (1 ) does not comply with any daily minimum or maximum discharge limitation for an effluent charac teristic specified in Provision I. A. of this permit which is denoted by an "(X)", (2) threatens human health or welfare, fish or aquatic life, or water quality standards, (3) does not comply with a n applicable toxic pollutant effluent standard or prohibition established under Section 307(a) of the FWPCA, 33 U.S.C. Section 1317(a), (4) contains a quantity of a hazardous substance which has been determined may be harmful to public health or welfare under Section 311(b)(4) of the FWPCA, 33 U.S.C. Section 1321(b)(4), (5) exceeds any discharge limitation for an effluent ch aracteristic as a result of an unanticipated bypass, upset, (6) is an unpermitted direct or indi rect discharge of a pollutant to a water of the state (unpermitted discharges properly reported to the Department under any other requirement are not required to be reported under this provisio n), the permittee shall orally report the occurrence and circumstances of such discharge to t he Director within 24-hours after the permittee becomes aware of the occurrence of such d ischarge. In addition to the oral report, the permittee shall submit to the Director electronical ly a report (or if acceptable to the Department a written report) as provided in Provision I. C. 2. c . no later than five (5) days after becoming aware of the occurrence of such discharge.

b. If for any reason, the permittee's discharge do es not comply with any limitation of this permit, t he permittee shall submit to the Director a report as provided in Provision I. C. 2. c. below, such report shall be submitted with the next Discharge M onitoring Report required to be submitted by Provision I. C. 1. of this permit after becoming aw are of the occurrence of such noncompliance.

c. Any electronic report (or if acceptable to the Department a written report) required to be submitt ed to the Director by Provision I. C. 2 a. or b. shall be submitted using a copy of the Department’s Noncompliance Notification Form provided with this permit and shall include the following

information:

(1) A description of the discharge and cause of no ncompliance;

(2) The period of noncompliance, including exact d ates and times or, if not corrected, the anticipated time the noncompliance is expected to c ontinue; and

(3) A description of the steps taken and/or being taken to reduce or eliminate the noncomplying discharge and to prevent its recurrenc e.

D. OTHER REPORTING AND NOTIFICATION REQUIREMENTS

1. Anticipated Noncompliance

The permittee shall give the Director written adva nce notice of any planned changes or other

circumstances regarding a facility, which may resul t in noncompliance with permit requirements. This information must be submitted electronically unless acceptable to the Department to submit otherwise.

2. Termination of Discharge

The permittee shall notify the Director, in writin g, when any point source discharges authorized by t his

permit have permanently ceased. This notification s hall serve as sufficient cause for instituting procedures for termination of the permittees author ity to discharge under this General Permit.

3. Updating Information

a. The permittee shall inform the Director of any change in the permittee's mailing address or telephone number or in the permittee's designation of a facility contact or office having the authority and responsibility to prevent and abate v iolations of the AWPCA, the Department's Rules and the terms and conditions of this permit, in writing, no later than ten (10) days after such change. Upon request of the Director or his designe e, the permittee shall furnish the Director with an update of any information provided in the Notice of Intent.8 b. If the permittee becomes aware that it failed t o submit any relevant facts in the Notice of Intent , or submitted incorrect information in the Notice of In tent; or in any report to the Director, it shall promptly submit such facts or information with a wr itten explanation for the mistake and/or

omission. This information must be submitted elect ronically unless acceptable to the Department

to submit otherwise.

4. Duty to Provide Information

a. Any permittee shall furnish to the Director, wi thin a reasonable time, any information which the Director or his designee may request to determine w hether cause exists for suspending or revoking the permittee’s authorization to discharge under this General Permit, in whole or in part, or to determine compliance with this permit or to d etermine if the permittee should be required to apply for an individual permit.

b. Any or all permittees shall furnish to the Dire ctor, within a reasonable time, any information whi ch the Director or his designee may request to determi ne whether cause exists for modifying or terminating this permit.

5. New or Increased Discharges

If there is an increase in pollution potential of t he discharges from the permittee’s facility the per mittee must notify the Director in writing. The Director m ay at his discretion determine under Part II.F. of this permit what action if any will be taken.

6. Cooling Water and Boiler Water Additives

a. The permittee shall notify the Director in writi ng not later than sixty (60) days prior to institut ing the use of any biocide corrosion inhibitor or chemical addi tive in a cooling or boiler system, not identified in the application for this permit, from which disc harge is allowed by this permit. Such notification

shall include:

(1) name and general composition of biocide or chem ical,

(2) 48-hour median tolerance limit data for organis ms representative of the biota of the waterway into which the discharge will ultimately r each. For freshwater, the fathead minnow (pimephales promelas) and cladoceran (Ceriod aphnia dubia) are the required test organisms. For salt water, the organisms shal l be mysid shrimp; and sheepshead

minnow or inland silverside.

(3) quantities to be used,

(4) frequencies of use,

(5) proposed discharge concentrations, and

(6) EPA registration of number, if applicable.

b. The use of a biocide or additive containing trib utyl tin, tributyl tin oxide, zinc, chromium or rel ated compounds in a cooling or boiler system(s), from wh ich a discharge regulated by this permit occurs, is prohibited. The use of any additive not identified in this permit or in the application for this permit prior to a determination by the Departm ent that permit modification controlling discharge of the additive is prohibited.

E. SCHEDULE OF COMPLIANCE

1. The permittee shall achieve compliance with the discharge limitations specified in Provision I. A. in

accordance with the following schedule:

COMPLIANCE SHALL BE ACHIEVED

ON THE EFFECTIVE DATE OF COVERAGE UNDER THIS PERMIT9

2. If required, no later than 14 calendar days foll owing a date identified in the above schedule of co mpliance, the permittee shall submit either a report of progr ess or, in the case of specific actions being requi red by identified dates, a written notice of compliance or noncompliance. In the latter case, the notice shal l include the cause of noncompliance, any remedial actions ta ken, and the probability of meeting the next schedu led requirement. This information must be submitted el ectronically unless acceptable to the Department to

submit otherwise.

PART II

A. REQUIREMENTS FOR COVERAGE UNDER THIS GENERAL PER MIT

1. Notice of Intent

Any person wishing to be permitted to discharge und er this General Permit shall submit a Notice of Int ent to be covered by this General Permit at least 30 da ys prior to the date of desired coverage. No discha rge authorized under this General Permit may commence u ntil the discharger receives the Director’s acknowledgement of the Notice of Intent and approva l of the coverage of the discharge by this General Permit. The Director’s acknowledgement shall includ e a copy of this General Permit and the appropriate discharge monitoring report forms. The permittee must complete and submit all Departme ntal forms available electronically, including the E-NOI, unle ss the permittee submits in writing valid justification as to why the electronic submittal pr ocess cannot be utilized and the Department approves in writing utilization of hard copy submit tals. Departmental forms are available on ADEM’s webpage at http://www.adem.state.al.us/DeptForms/

.

Any person discharging to a municipal storm sewer, sanitary sewer or combination sewer must notify the municipality by letter of the discharge.

2. Content of Notice of Intent

a. A description of the process generating the disc harge for which coverage is desired. This description shall be in sufficient detail to allow the Director to determine that the discharge is included in the category permitted by this General Permit;

b. The latitude and longitude of the discharge poin ts for each discharge and the name of the waterbody receiving each discharge for which covera ge under this General Permit is desired; and

c. A contact person, address and phone number for t he facility or activity to be covered under this General Permit;

(1) A Notice of Intent shall be electronically sign ed (or if acceptable to the Department traditionally signed) by a person meeting the requi rements for signatories to permit application under ADEM Administrative Code Rule 335 -6-6-.09 and the person signing

the Notice of Intent shall make the certification r equired for submission of documents

under ADEM Administrative Code Rule 335-6-6.09.

(2) Signatories to reports, discharge monitoring re ports and any other submissions required by this General Permit shall be signed in accordanc e with the requirements of ADEM

Administrative Code Rule 335-6-6.09.

B. OPERATIONAL AND MANAGEMENT REQUIREMENTS

1. Facilities Operation and Maintenance

The permittee shall at all times properly operate a nd maintain all facilities and systems of treatment and control (and related appurtenances) which are insta lled or used by the permittee to achieve compliance with the conditions of the permit. Proper operation and maintenance includes effective performance,10 adequate funding, adequate operator staffing and tr aining, and adequate laboratory and process control s, including appropriate quality assurance procedures. This provision requires the operation of backup or auxiliary facilities only when necessary to achieve compliance with the conditions of the permit.

2. Best Management Practices

a. Dilution water shall not be added to achieve com pliance with discharge limitations except when the Director or his designee has granted prior writ ten authorization for dilution to meet water quality requirements.

b. The permittee shall prepare, implement, and main tain a Spill Prevention, Control and Countermeasures (SPCC) Plan in accordance with 40 C FR Part 112 if required thereby.

c. The permittee shall prepare and implement a Best Management Practices (BMP) Plan according to Part IV of this permit.

3. Spill Prevention, Control, and Management

The permittee shall provide spill prevention, contr ol, and/or management sufficient to prevent any spi lls of pollutants from entering a water of the state or a publicly or privately owned treatment works. Any containment system used to implement this requireme nt shall be constructed of materials compatible wit h the substance(s) contained and which shall prevent the contamination of groundwater and such containment system shall be capable of retaining a volume equal to 110 percent of the capacity of the largest tank for which containment is provided.

C. OTHER RESPONSIBILITIES

1. Duty to Mitigate Adverse Impacts

The permittee shall promptly take all reasonable st eps to mitigate and minimize or prevent any adverse impact on human health or the environment resulting from noncompliance with any discharge limitation o f this permit, including such accelerated or addition al monitoring of the discharge and/or the receiving waterbody as necessary to determine the nature and impact of the noncomplying discharge.

2. Right of Entry and Inspection

The permittee shall allow the Director, or an autho rized representative, upon the presentation of prop er identification to:

a. Enter upon the permittee's premises where a reg ulated facility or activity is located or conducted

, or where records must be kept under the conditions of the permit;

b. Have access to and copy, at reasonable times, a ny records that must be kept under the conditions of the permit;

c. Inspect at reasonable times any facilities, equ ipment (including monitoring and control equipment), practices, or operations regulated or r equired under the permit; and

d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the AWPCA, any substances o r parameters at any location.

D. BYPASS AND UPSET

1. Bypass

a. Any bypass is prohibited except as provided in b. and c. below:

b. A bypass is not prohibited if:

(1) It does not cause any discharge limitation spe cified in Provision I. A. of this permit to be

exceeded;11 (2) It is necessary for essential maintenance of a treatment or control facility or system to assure efficient operation of such facility or syst em; or

(3) It is part of the storm water control system w hen the intention of the design, as approved by the Director, is to contain the first flush only

.

c. A bypass is not prohibited and need not meet th e discharge limitations specified in Provision I. A

. of this permit if:

(1) It is unavoidable to prevent loss of life, per sonal injury, or severe property damage;

(2) There are no feasible alternatives to the bypa ss, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maint enance during normal periods of equipment downtime (this condition is not satisfied if adequate back-up equipment should

have been installed in the exercise of reasonable e ngineering judgement to prevent a bypass which occurred during normal periods of equi pment downtime or preventive maintenance); and

(3) The permittee submits a written request for au thorization to bypass to the Director at least ten (10) days prior to the anticipated bypass (if possible), the permittee is granted such authorization, and the permittee complies with any conditions imposed by the Director to minimize any adverse impact on human he alth or the environment resulting from the bypass. This request must be submitted el ectronically unless acceptable to the Department to submit otherwise.

d. The permittee has the burden of establishing th at each of the conditions of Provision II. D. 1. b. or c. have been met to qualify for an exception to the general prohibition against bypassing contained in a. and an exemption, where applicable, from the discharge limitations specified in Provision I. A. of this permit.

2. Upset

a. A discharge which results from an upset need no t meet the discharge limitations specified in Provision I. A. of this permit if:

(1) No later than 24-hours after becoming aware of the occurrence of the upset, the permittee orally reports the occurrence and circums tances of the upset to the Director or his designee; and

(2) No later than five (5) days after becoming awa re of the occurrence of the upset, the permittee furnishes the Director with evidence, inc luding properly signed, contemporaneous operating logs, or other relevant e vidence, demonstrating that (i) an upset occurred; (ii) the permittee can identify the specific cause(s) of the upset; (iii) the permittee's facility was being properly operated at the time of the upset; and (iv) the permittee promptly took all reasonable steps to min imize any adverse impact on human health or the environment resulting from the upset.

b. The permittee has the burden of establishing th at each of the conditions of Provision II. D. 2. a

. of this permit have been met to qualify for an exem ption from the discharge limitations specified in Provision I. A. of this permit.

E. DUTY TO COMPLY WITH PERMIT, RULES, AND STATUTES

1. Duty to Comply

a. The permittee must comply with all conditions o f this permit. Any permit noncompliance

constitutes a violation of the AWPCA and the FWPCA and is grounds for: enforcement action, termination, or suspension of authorization under t his permit; denial of a permit renewal application; a requirement that permittee submit an application for an individual NPDES permit.12 b. The necessity to halt or reduce production or o ther activities in order to maintain compliance wit h the conditions of the permit shall not be a defense for a permittee in an enforcement action.

c. The discharge of a pollutant from a source not specifically identified in the Notice of Intent to be covered under this General Permit and not specifica lly included in the description of an outfall in this permit is not authorized and shall constitute noncompliance with this permit.

d. The permittee shall take all reasonable steps, including cessation of production or other activiti es, to minimize or prevent any violation of this permit or to minimize or prevent any adverse impact of any permit violation.

2. Removed Substances

Solids, sludges, filter backwash, or any other pol lutant or other waste removed in the course of trea tment

or control of storm water and/or process water shal l be disposed of in a manner that complies with all applicable Department Rules.

3. Loss or Failure of Treatment Facilities

Upon the loss or failure of any treatment facility , including but not limited to the loss or failure of the

primary source of power of the treatment facility, the permittee shall, where necessary to maintain compliance with the discharge limitations specified in Provision I. A. of this permit, or any other te rms or conditions of this permit, cease, reduce, or otherw ise control production and/or all discharges until

treatment is restored.

4. Compliance With Statutes and Rules

a. This permit has been issued under ADEM Administ rative Code, Chapter 335-6-6. All provisions of this chapter, that are applicable to this permit, a re hereby made a part of this permit. A copy of this chapter may be obtained for a small charge fro m the Office of General Counsel, Alabama Department of Environmental Management, 1400 Colise um Boulevard, Montgomery, AL 36110.

b. This permit does not authorize the noncomplianc e with or violation of any Laws of the State of Alabama or the United States of America or any regu lations or rules implementing such laws. FWPCA, 33 U.S.C. Section 1319, and Code of Alabama 1975, Section 22-22-14.

F. PERMIT TRANSFER, MODIFICATION, SUSPENSION, REVOC ATION, REISSUANCE, AND TERMINATION

1. Duty to Reapply or Notify of Intent to Cease Di scharge

a. The permittee authorized to discharge under thi s General Permit, who wishes to continue to discharge upon the expiration of this permit, shall submit an E-NOI or Renewal Notice of Intent to be covered by the reissued General Permit. Such No tice of Intent shall be submitted at least 90 days prior to the expiration date of this General P ermit.

b. Failure of the permittee to submit a Notice of Intent for reauthorization under this permit at lea st 90 days prior to the permit’s expiration will void the automatic continuation of the authorization to discharge under this permit as provided by ADEM Adm inistrative Code Rule 335-6-6-.06. Should the permit not be reissued for any reason prior to its expiration date, permittees who failed to meet the 90-day submittal deadline will be illegall y discharging without a permit after the expiration date of the permit.

2. Change in Discharge

a. The permittee shall give notice to the Director at least 180 days in advance of any facility expansion, production increase, process change, or other action that could result in:

(1) The discharge of additional pollutants;13 (2) The increase in the quantity of any discharge s uch that existing permit limitations would

be exceeded;

(3) Or that could result in an additional discharge point.

This requirement applies to pollutants that are or that are not subject to discharge limitations in this permit. No new or increased discharge may begi n until the Director has reviewed the information and taken appropriate action to authori ze the discharge under this General Permit, or until such time as an appropriate action has been t aken to authorize the discharge under an individual permit.

b. The permittee shall notify the Director as soon as it is known or there is reason to believe:

(1) That any activity has occurred or will occur wh ich would result in the discharge on a routine or frequent basis, of any toxic pollutant w hich is not limited in this permit, if that discharge will exceed the highest of the following notification levels:

(a) One hundred micrograms per liter;

(b) Two hundred micrograms per liter for acrolein a nd acrylonitrile; five hundred micrograms per liter for 2,4-dinitrophenol and for 2-methyl-4,6-dinitrophenol; and one milligram per liter for antimony;

(c) Five times the maximum concentration value repo rted for that pollutant in the permit application; or

(2) That any activity has occurred or will occur wh ich would result in any discharge, on a non-routine or infrequent basis, of a toxic polluta nt which is not limited in the permit, if that discharge will exceed the highest of the follo wing notification levels:

(a) Five hundred micrograms per liter;

(b) One milligram per liter for antimony;

(c) Ten times the maximum concentration value repor ted for that pollutant in the permit application.

3. Transfer of Permit

This permit may not be transferred or the name of t he permittee changed without notice to the Director and subsequent modification or revocation and reiss uance of the permit to identify the new permittee a nd to incorporate any other changes as may be required under the FWPCA or AWPCA. In the case of a change in name, ownership or control of the permitt ee’s premises only, a request for permit modificati on in a format acceptable to the Director is required at least 30 days prior to the change. In the case o f a change in name, ownership or control of the permitt ee’s premises accompanied by a change or proposed change in effluent characteristics, a complete perm it application is required to be submitted to the D irector at least 180 days prior to the change. Whenever the Director is notified of a change in name, ownershi p or control, he may decide not to modify the existin g permit and require the submission of a new permit application.

4. Permit Modification, Revocation and Reissuance ( of modified General or Individual), and Termination

a. During the term of this General Permit the Direc tor may, for cause, and subject to the public notice procedure of ADEM Administrative Code, Rule 335-6-6-.21, modify or revoke and reissue this General Permit, or terminate it and require al l those authorized under it to apply for individual NPDES permits. The causes for this action include b ut are not limited to the causes listed below:

(1) There are material and substantial alterations or additions to the facility or activity generating the discharges which occurred after perm it issuance which justify the application of permit conditions that are different or absent in the existing permit;14 (2) When the Director receives any information that was not available at the time of permit issuance and that would have justified the applicat ion of different permit conditions at the time of issuance;

(3) When the standards or regulations on which the permit was based have been changed by promulgation of amended standards or regulations or by judicial decision after the permit was issued;

(4) Upon the failure of the state to notify, as req uired by Section 402(b)(3) of the FWPCA, another state whose waters may be affected by a dis charge;

(5) When the level of discharge of any pollutant wh ich is not limited in the permit exceeds the level which can be achieved by the technology based treatment requirements appropriate to discharge under 40 CFR 125.3(c);

(6) To correct technical mistakes, such as errors i n calculation, clerical errors or mistaken interpretations of law made in determining permit c onditions;

(7) If the permit limitations are found not to be p rotective of water quality standards;

(8) To incorporate an applicable 307(a) FWPCA toxic effluent standard or prohibition;

(9) When required by the reopener conditions in thi s permit, and

(10) For any applicable cause set forth in ADEM Adm inistrative Code Rule 335-6-6-.17.

b. Subject to the public notice procedures of ADEM Administrative Code Rule 335-6-6-.21, the Director may terminate this General Permit during i ts term for any of the causes for modification

listed in Part II.F.4.a.

c. The Director may terminate authorization to disc harge under this General Permit for cause.

Cause shall include but not be limited to:

(1) Noncompliance with the permit;

(2) Noncompliance with Department Rules;

(3) A finding that this General Permit does not con trol the discharges sufficiently to protect water quality or comply with treatment based limits applicable to the discharge;

(4) The permittee’s misrepresentation or failure to disclose fully all relevant facts in the permit application or during the permit issuance pr ocess or the permittee’s misrepresentation of any relevant facts at any time ;

(5) Materially false or inaccurate statements or in formation in the permit application or the permit;

(6) A change in any condition that requires either a temporary or permanent reduction or elimination of the permitted discharge;

(7) The permittee’s discharge threatens human life or welfare;

(8) Permanent closure of the facility generating th e wastewater permitted to be discharged by this permit or permanent cessation of wastewater discharge; and

(9) New or revised requirements of any applicable s tandard or limitation that is promulgated under Sections 301(b)(2)(C),(D),(E),and (F), and 30 7(a)(2) of the FWPCA that the Director determines cannot be complied with by the permittee.

d. If the permittee believes that any past or plann ed activity would be cause for modification or

revocation and reissuance of this General Permit un der ADEM Administrative Code Rule 335-6-15 6-.23 (7), or termination and issuance of an indivi dual permit under ADEM Administrative Code Rule 335-6-6-.23 (9) the permittee must report such information to the Permit Issuing Authority. The submittal of a new application may be required of the permittee. The filing of a request by the permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned change, anticipated noncompliance or applic ation for an individual permit, does not stay any permit condition.

5. Issuance by the Director of an Individual NPDES Permit to a Person Eligible for Coverage or Covered by

This General Permit.

a. The Director may require any person, otherwise e ligible for coverage under this General Permit, to apply for an individual NPDES permit by notifyin g that person that an application is required. Notification shall consist of a written description of the reason(s) for the decision, appropriate permit application forms and directions, a statemen t informing the person that upon issuance of the individual permit coverage by this General perm it shall automatically terminate. Reasons for this requirement may be:

(1) Noncompliance with the General Permit;

(2) Noncompliance with Department Rules;

(3) A change has occurred in the availability of de monstrated technology or practices for the control or abatement of pollutants applicable to th e wastewater being discharged;

(4) Effluent guidelines are promulgated for a point source(s) covered by the General Permit;

(5) A water quality management plan applicable to t he wastewater being discharged under this General Permit;

(6) Circumstances have changed since the time of th e request to be covered so that the discharger is no longer appropriately controlled un der this General Permit or either a temporary reduction or permanent reduction or elimi nation of the authorized discharge is

necessary;

(7) Standards for sewage sludge use or disposal hav e been promulgated for the sludge use or disposal practice covered by this General Permit ;

(8) The discharge(s) is a significant contributor o f pollutants. In making this decision the Director may consider:

(i) the location of the discharges with respect to waters of the state,

(ii) the size of the discharger, and

(iii) the quantity and nature of the pollutants dis charged to waters of the state.

(9) A determination that the water of the state rec eiving the discharge is not meeting applicable water quality standards.

6. Request for an Individual NPDES Permit by a Pers on Covered Under This General Permit.

a. Any person covered by this General Permit may ap ply for termination of coverage by applying for an individual NPDES permit.

b. A permit application submitted voluntarily or at the direction of the Director for the purpose of termination of coverage by this General Permit shal l be processed in accordance with the rules found in ADEM Administrative Code 335-6-6 applicabl e to individual permits.

c. Any person may petition the Director for withdra wal of this General Permit authority from a discharger. The Director shall consider the informa tion submitted by the petitioner and any other information he may be aware of and may obtain addit ional information from the discharger and16 through inspections by Department staff and shall d ecide if coverage should be withdrawn. The petitioner shall be informed of the Director’s deci sion and shall be provided a summary of the

information considered.

7. Request for Permit Action Does Not Stay Any Perm it Requirement

The filing of a request by the permittee for any pe rmit action such as termination, or application for individual permit or any other action, does not sta y any permit term or condition.

G. COMPLIANCE WITH TOXIC POLLUTANT STANDARD OR PROH IBITION

If any applicable effluent standard or prohibition (including any schedule of compliance specified in such effluent standard or prohibition) is established under Secti on 307(a) of the FWPCA, 33 U.S.C. Section 1317(a), for a toxic pollutant discharged by the permittee and such stan dard or prohibition is more stringent than any disc harge limitation on the pollutant specified in Provision I. A. of this permit, or controls a pollutant not l imited in Provision I. A. of this permit, this permit shall be modified to conform to the toxic pollutant effluent standard o r prohibition and the permittee shall be notified of such modificatio n. If this permit has not been modified to conform to the toxic pollutant effluent standard or prohibition before t he effective date of such standard or prohibition, the permittee shall attain compliance with the requirements of th e standard or prohibition within the time period re quired by the standard or prohibition and shall continue to compl y with the standard or prohibition until this permi t is modified or

reissued.

H. DISCHARGE OF WASTEWATER GENERATED BY OTHERS

The discharge of wastewater, generated by any proc ess, facility, or by any other means not under the operational control of the permittee or not identified in the a pplication for this permit or not identified specif ically in the description of an outfall in this permit is not aut horized by this permit.

PART III

A. CIVIL AND CRIMINAL LIABILITY

1. Tampering

Any person who falsifies, tampers with, or knowing ly renders inaccurate any monitoring device or meth od

required to be maintained or performed under the pe rmit shall, upon conviction, be subject to penaltie s as provided by the AWPCA.

2. False Statements

Any person who knowingly makes any false statement , representation, or certification in any record or

other document submitted or required to be maintain ed under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be subject to penalties as provided by the

AWPCA.

3. Permit Enforcement

a. Any NPDES permit issued or reissued by the Depa rtment is a permit for the purpose of the AWPCA and the FWPCA and as such any terms, conditio ns, or limitations of the permit are

enforceable under state and federal law and as desc ribed under Rule 335-6-6-.18.

b. Any person required to have a NPDES permit purs uant to ADEM Administrative Code Chapter 335-6-6 and who discharges pollutants without said permit, who violates the conditions of said permit, who discharges pollutants in a manner not a uthorized by the permit, or who violates applicable orders of the Department or any applicab le rule or standard of the Department, is subject to any one or a combination of the followin g enforcement actions under applicable state

statutes.17 (1) An administrative order requiring abatement, c ompliance, mitigation, cessation, clean-up, and/or penalties;

(2) An action for damages;

(3) An action for injunctive relief; or

(4) An action for penalties.

4. Relief From Liability

Except as provided in Provision II. D. 1. (Bypass) and Provision II. D. 2. (Upset), nothing in this p ermit

shall be construed to relieve the permittee of civi l or criminal liability under the AWPCA or FWPCA fo r noncompliance with any term or condition of this pe rmit.

B. OIL AND HAZARDOUS SUBSTANCE LIABILITY

Nothing in this permit shall be construed to precl ude the institution of any legal action or relieve the permittee from any responsibilities, liabilities or penalties to w hich the permittee is or may be subject under Secti on 311 of the FWPCA, 33 U.S.C. Section 1321.

C. PROPERTY AND OTHER RIGHTS

This permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to persons or property or invasion of other private rights, or any infrin gement of federal, state, or local laws or regulations, nor d oes it authorize or approve the construction of any physical structures or facilities or the undertaking of any work in any waters of the state or of the United St ates.

D. AVAILABILITY OF REPORTS

Except for data determined to be confidential unde r Code of Alabama 1975, Section 22-22-9(c), all reports prepared in accordance with the terms of this permi t shall be available for public inspection at the o ffices of the Department. Effluent data shall not be considered c onfidential.

E. COMPLIANCE WITH WATER QUALITY STANDARDS

1. The permittee may be required by the Director t o apply for an individual permit, if the Director d etermines

that discharge under this General Permit causes a v iolation of a water quality standard or stream use

classification.

2. Compliance with permit terms and conditions not withstanding, if the permittee's discharge(s) from point

sources identified in Provision I. A. of this permi t cause or contribute to a condition in contraventi on of state water quality standards, the Department may r equire the permittee to take abatement action or apply for an individual permit pursuant to the Depa rtment's Rules, or both.

3. If the Department determines, on the basis of a notice provided pursuant to this permit or any inv estigation,

inspection or sampling, that a modification of this permit is necessary to assure maintenance of water quality standards or compliance with other provisio ns of the AWPCA or FWPCA, the Department may require such modification.

F. GROUNDWATER

Unless specifically authorized by a permit issued by the Department, the discharge of pollutants to g roundwater is prohibited. Should a threat of groundwater contamin ation occur, the Director may require groundwater m onitoring to properly assess the degree of the problem and th e Director may require that the permittee undertake measures to abate any such discharge and/or contamination.

G. DEFINITIONS18 1. Authorization – means granted the privilege of discharging under the terms of this General Permit.

2. Average monthly discharge limitation - means the highest allowable average of "daily discharges" ov er a calendar month, calculated as the sum of all "daily discharges" measured during a calendar month divided by the number of "daily discharges" measure d during that month (zero discharge days shall not be included in the number of "daily discharges" mea sured and a less than detectable test result shall be

treated as a concentration of zero if the most sens itive EPA approved method was used).

3. Average weekly discharge limitation - means the highest allowable average of "daily discharges" ove r a calendar week, calculated as the sum of all "daily discharges" measured during a calendar week divided by the number of "daily discharges" measured during that week (zero discharge days shall not be included in the number of "daily discharges" measur ed and a less than detectable test result shall be

treated as a concentration of zero if the most sens itive EPA approved method was used).

4. AWPCA - means the Alabama Water Pollution Contr ol Act.

5. Bypass - means the intentional diversion of was te streams from any portion of a treatment facility

.

6. Daily discharge - means the discharge of a poll utant measured during any consecutive 24 hour perio d in

accordance with the sample type and analytical meth odology specified by the discharge permit.

7. Daily maximum - means the highest value of any individual sample result obtained during a day.

8. Daily minimum - means the lowest value of any i ndividual sample result obtained during a day.

9. Day - means any consecutive 24-hour period.

10. Department - means the Alabama Department of E nvironmental Management.

11. Director - means the Director of the Departmen t.

12. Discharge - means "[t]he addition, introductio n, leaking, spilling or emitting of any sewage, ind ustrial

waste, pollutant or other wastes into waters of the state". Code of Alabama 1975, Section 22-22-1(b)(8).

13. Discharge monitoring report (DMR) - means the form approved by the Director to accomplish reporti ng

requirements of an NPDES permit.

14. EPA - means the United States Environmental Pr otection Agency.

15. FWPCA - means the Federal Water Pollution Cont rol Act.

16. Notice of Intent – means forms and additional i nformation that are required by ADEM Administrative Code Rule 335-6-6-.23 and applicable permit fees.

17. Permit application - means forms and additional information that is required by ADEM Administrativ e Code Rule 335-6-6-.08 and applicable permit fees.

18. Point source - means "any discernible, confine d and discrete conveyance, including but not limite d to any

pipe, channel, ditch, tunnel, conduit, well, discre te fissure, container, rolling stock, concentrated animal feeding operation, or vessel or other floating craf t, from which pollutants are or may be discharged." Section 502(14) of the FWPCA, 33 U.S.C. Section 136 2(14).

19. Pollutant - includes for purposes of this perm it, but is not limited to, those pollutants specifi ed in

Code of Alabama 1975, Section 22-22-1(b)(3) and those effluent characteristics specified in Provis ion I. A. of this permit.

20. Severe property damage - means substantial phy sical damage to property, damage to the treatment

facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production.19

21. Shock chlorination – means the periodic use of chlorine in cooling water systems as a biocide.

22. Upset - means an exceptional incident in which there is an unintentional and temporary noncomplian ce with technology-based permit discharge limitations because of factors beyond the reasonable control of the permittee. An upset does not include noncomplia nce to the extent caused by operational error, improperly designed treatment facilities, inadequat e treatment facilities, lack of preventive maintena nce, or careless or improper operation.

23. Waters - means "[a]ll waters of any river, stre am, watercourse, pond, lake, coastal, ground or sur face water, wholly or partially within the state, natura l or artificial. This does not include waters which are entirely confined and retained completely upon the property of a single individual, partnership or corporation unless such waters are used in intersta te commerce." Code of Alabama 1975, Section 22-22- 1(b)(2). Waters "include all navigable waters" as d efined in Section 502(7) of the FWPCA, 22 U.S.C. Section 1362(7), which are within the State of Ala bama.

24. Week - means the period beginning at twelve mid night Saturday and ending at twelve midnight the following Saturday.

H. SEVERABILITY

The provisions of this permit are severable, and i f any provision of this permit or the application o f any provision of this permit to any circumstance is held invalid, th e application of such provision to other circumstan ces, and the remainder of this permit, shall not be affected the reby.

PART IV

A. BEST MANAGEMENT PRACTICES (BMP) PLAN

1. Plan Content . The permittee shall prepare and implement a Best Management Practices (BMP) plan which

shall:

a. Provide control sufficient to prevent or control pollution of storm water by particles to the degre e required to maintain compliance with this permit an d water quality standards. Erosion control

should also be addressed.

b. Prevent the spillage or loss of any fluids, oil, grease, gasoline, etc. and thereby prevent the contamination of storm water from these substances;

c. Prevent or minimize storm water contact with res idual washdown water;

d. Prevent or minimize storm water contact with any other pollutants present at the permittees facility;

e. Designate by position or name the person or pers ons responsible for the day to day implementation of the BMP;

f. Provide for, at a minimum, two inspections a wee k, on workdays, of any structures that function to prevent storm water pollution or to remove pollutan ts from storm water and of the facility in general to ensure that the BMP is continually imple mented and effective;

g. Include a diagram of the facility showing the di rection of the storm water flow, the discharge point(s), and the locations of any structures or ot her mechanisms intended to prevent pollution of storm water or to remove pollutants from storm wate r. The site map should also identify the location, size, and contents of any tanks.20 h. Bear the signature of the plant manager or corpo rate official.

2. Compliance Schedule : The permittee shall prepare and fully implement the BMP no later than the date coverage is granted.

3. Department Review

a. When requested by the Director or his designee, the permittee shall make the BMP available for Department review.

b. The Director or his designee may notify the perm ittee at any time that the BMP is deficient and require correction of the deficiency.

c. The permittee shall correct any BMP deficiency i dentified by the Director or his designee within 30 days of receipt of notification and shall certif y to the Department that the correction has been made and implemented.

4. Administrative Procedures

a. A copy of the BMP shall be maintained at the fac ility and shall be available for inspection by representatives of the Department.

b. A log of the inspections required by Part IV.A. of this permit shall be maintained at the facility and shall be available for inspection by representative s of the Department. The log shall contain records of all inspections performed and any correc tive actions taken for the last three years and each entry shall be signed by the person performing the inspection.

c. The permittee shall provide training for any per sonnel required to implement the BMP and shall retain documentation of such training at the facili ty. This documentation shall be available for inspection by representatives of the Department. Tr aining shall be performed prior to the date that implementation of the BMP is required.

B. DISCHARGE(S) TO IMPAIRED WATERS REQUIREMENTS

1. Requirements Applicable to a Facility Eligible f or Coverage, or Covered, under this Permit with Discharge(s) to 303(d) Listed Waters

This permit does not authorize new sources or new d ischargers of pollutants of concern to impaired waters unless consistent with an EPA-approved or EP A-established Total Maximum Daily Load (TMDL) and applicable State law. Impaired waters are thos e that do not meet applicable water quality standar ds and are identified by an EPA-approved or EPA-establ ished TMDL and/or on the State of Alabama’s 303(d) list. Pollutants of concern are those pollu tants for which the water body is listed as impaire d and which contribute to the listed impairment.

a. The facility eligible for coverage, or covered, under this permit must determine whether its discharge(s) contributes directly or indirectly to a waterbody that is included on the latest 303(d) list or otherwise designated by the Department as i mpaired or is included in an EPA-approved or EPA-established TMDL. If the facility has discharg es meeting this criterion, it must comply with Part IV.B., if its discharge does not meet this cri terion, Part IV.B. does not apply to the facility.

b. Facilities that discharge into a receiving wate r which is listed on the State of Alabama’s 303(d) list of impaired waters, and with discharges that contai n the pollutant(s) for which the waterbody is impaired, must by April 30 th of the following year or within 6 months of such a pproval of the 303(d) list or applicable TMDL or establishment of TMDL by EPA (whichever is longer), document in its BMP plan how the BMPs will control the disch arge of the pollutant(s) of concern, and must ensure that there will be no increase of the pollut ants of concern. A monitoring plan to assess the effectiveness of the BMPs in achieving the allocati ons must also be included in the BMP plan.21 c. If the facility discharges to a waterbody descr ibed above, it must also determine whether a total maximum daily load (TMDL) has been developed and ap proved or established by EPA for the listed waterbody. If a TMDL is approved or establi shed during this permit cycle by USEPA for any waterbody into which the facility discharges, t he facility must review the applicable TMDL to see if it includes requirements for control of stor m water discharges. By April 30 th of the following year or within 6 months of such approval of the 303 (d) list or applicable TMDL or establishment of TMDL by EPA (whichever is longer), the facility mus t notify the Department on how it will modify its BMP plan to include best management practices s pecifically targeted to achieve the allocations prescribed by the TMDL. Revised BMP pla ns must be submitted to the Department for review. The facility must include a monitoring com ponent in the BMP plan to assess the effectiveness of the BMPs in achieving the allocati ons. If the facility cannot ensure its discharges will not cause or contribute to impairment, then th e facility must apply for and obtain permit coverage under an individual permit.

2. Requirements Applicable to a Facility Eligible f or Coverage, or Covered, under this Permit with Discharges into Waters with EPA-Approved or EPA-Est ablished TMDLs

a. The facility must determine whether the EPA-appr oved or EPA-Established TMDL is for a pollutant likely to be found in discharges from its facility.

b. The facility must determine whether the TMDL in cludes a pollutant allocation or other performance requirements specifically for discharges from its f acility.

c. If, after the determinations above have been made and if it is determined that the facility must implement specific allocations provisions of the TM DL, then the facility must assess whether the allocations are being met through implementation of existing control measures or if additional control

measures are necessary.

d. The facility must document all control measures currently being implemented or planned to be implemented, to include a schedule of implementatio n for all planned controls, and must document calculations or other evidence showing that the all ocations will be met. Revised BMP plans must be submitted to the Department for review.

e. If a TMDL contains requirements for control of p ollutants from the facility’s discharges, then the BMP plan must include BMPs specifically targeted to achieve the allocations prescribed by the TMDL. A monitoring plan to assess the effectiveness of the BMPs in achieving the allocations must also be included in the BMP plan. Implementat ion of the monitoring plan in accordance with

Part IV.C.2 will determine whether the controls are adequate to meet the TMDL allocations. If the facility cannot comply with the requirements of the TMDL, then the facility must apply for and obtain permit coverage under an individual permit.

f. If the evaluation shows that additional or modif ied controls are necessary, the facility must describe the type and schedule for the control addi tions/revisions in the BMP plan. The facility must also continue Paragraphs IV.B.2.d.-f. until tw o continuous monitoring cycles, as defined in the monitoring plan in accordance with Part IV.B. 2 ., show that the TMDL allocations are being met or that water quality (WQ) standards are being met.

3. Requirements for New or Revised BMP Plans

New or revised BMP plans developed in accordance wi th Parts IV.B.1 and IV.B.2 above must be submitted to the Department for review by April 30 th of the year following EPA approval of the 303(d) l ist or EPA establishment/approval of applicable TMDL or within 6 months of such approval of the 303(d) lis t or applicable TMDL or establishment of TMDL by EPA (whichever is longer).22

C. COOLING WATER INTAKE STRUCTURES (CWIS) REQUIREMENTS

For new, not subject to Phase I, or existing facili ties, not subject to Phase III rules, an initial de termination of BTA will be made for the facility CWIS during the permi t coverage renewal process. In each case, one of t he below findings will be determined for the CWIS and approp riate requirements established as a part of permit coverage.

1. Cooling Water Intake Requirements – No Addition al Cooling Water Intake Structures (CWIS) Informati on

Needed for Subsequent Best Technology Available (BT A) Determination

a. The cooling water intake structure used by the p ermittee has been evaluated using available information. At this time, the Department has dete rmined that the cooling water intake structure represents the best technology available (BTA) to m inimize adverse environmental impact in accordance with Section 316(b) of the federal Clean Water Act (33 U.S.C. Section 1326).

b. The permittee shall submit the following informa tion no later than thirteen (13) months after the effective coverage date for the source. The inform ation will be evaluated to determine compliance with Section 316(b) of the federal Clean Water Act (33 U.S.C. Section 1326) with the subsequent permit renewal.

The data submitted shall include (1) the design int ake flow of the CWIS, (2) the percentage of intake flow used for cooling purposes, (3) the thro ugh screen design intake flow velocity, (4) any impingement and entrainment data based on the opera tion of the facility’s CWIS, collected since the effective date of this NPDES permit, and (5) a detailed description of any changes in the operation of the CWIS, or changes in the type of te chnologies used at the CWIS such as screens or other technologies affecting the rates of imping ement and/or entrainment of fish and shellfish, (6) an estimate of the intake flow reduction at the facility based upon the use of a 100 percent (or some lesser percentage) closed-cycle re-circulating cooling water system compared to a conventional once-through cooling water system.

c. The permittee is required to operate and maintai n the CWIS in a manner that minimizes impingement and entrainment levels. Documentation detailing the steps that have and are being taken to minimize the impingement and entrainment l evels shall be maintained on-site and made available upon request during inspections.

2. Cooling Water Intake Requirements – Existing BTA Determination Based Upon Limited or Uncertain

Information

a. The cooling water intake structure used by the p ermittee has been evaluated using available information. At this time, the Department has dete rmined that the cooling water intake structure represents the best technology available (BTA) to m inimize adverse environmental impact in accordance with Section 316(b) of the federal Clean Water Act (33 U.S.C. Section 1326).

b. The permittee shall submit the following informa tion no later than thirteen (13) months after the effective coverage date for the source. The inform ation shall be submitted to the Department’s Industrial /Municipal Branch and will be evaluated to determine compliance with Section 316(b) of the federal Clean Water Act (33 U.S.C. Section 1326 ).

The data submitted shall include: (1) Cooling Water Intake Structure Information: i. Description of all screens installed at the inta ke, including the size of the screen

openings; ii. Description of all technologies and operational measures used to reduce

impingement and entrainment. Appropriate technolog ies include, but are not limited to increased opening to CWIS, fixed screens , velocity caps, seasonal shutdowns, reductions in flow, continuous operation s of screens, etc; iii. Estimation of the through-screen design intake flow velocity; and, iv. Description of the operation of the intake stru cture, including daily hours of

operation, the number of days during the year in op eration, and any seasonal changes in operation.23 (2) Cooling Water System Information:

i. Estimation of the intake flow reduction at the f acility based upon the use of a

100 percent (or some lesser percentage) closed-cycl e re-circulating cooling water system compared to a conventional once-throug h cooling water system. If the facility utilizes a conventional once-throug h cooling system, the flow reduction percentage is zero. If the facility util izes a 100 percent closed-cycle re-circulating cooling water system, the flow reduc tion percentage is 100; ii. Estimation of the percentage of water withdrawn through the intake which is used for cooling purposes; and, iii. Estimation of the number of days of the year d uring which the cooling water

system is in operation and identification of any se asonal changes in operation, including when these changes occur.

(3) Existing Facilities Only—Impingement (and entra inment, if applicable): i. The permittee shall submit any available impinge ment and entrainment

sampling data for the cooling water intake structur e. ii. If it is determined by the Department that impi ngement/entrainment is not being

minimized at this facility or there are threatened and/or endangered species

within the intake’s area of influence, and the info rmation in C.2.b.(3)(i) is not available, the Department may require the permittee to conduct impingement and entrainment sampling at the facility’s intake s tructure. The sampling, if so required, shall be conducted at times and frequenci es which will allow the results to be representative of the operation of th e intake structure (4) Source Water Data: If it is determined by the D epartment that impingement/entrainment

is not being minimized at the facility, and in the absence of any biological data

for the source water: i. The permittee shall submit source water physical data as required under 40

CFR 122.21(r)(2). ii. The permittee shall submit source water biologi cal characterization data as

required under 40 CFR 122.21(r)(4).

c. The permittee is required to operate and maintai n the CWIS in a manner that minimizes impingement and entrainment levels. Documentation detailing the steps that have and are being taken to minimize the impingement and entrainment l evels shall be maintained on-site and made available upon request during inspections.

d. If after review of the submitted data, it is d etermined that the permittee does not meet BTA, the n the permittee will be required to apply for coverag e under an Individual Permit.

3. Cooling Water Intake Requirements – Facilities O btaining Cooling Water from Another Entity

a. If an entity provides water to the permittee whi ch is used for cooling by means of a surface water intake, the intake structure operated by the entity must be determined to represent the best technology available (BTA) to minimize adverse envi ronmental impact in accordance with Section 316(b) of the federal Clean Water Act (33 U.S.C. se ction 1326).

b. If the entity providing water to the permittee i s a public water system in accordance with Section 1401 of the Safe Water Drinking Act or the water used fo r cooling consists of treated effluent which would otherwise be discharged, the permittee is exempt fr om the requirements of this permit condition.