### Proposed July20, 2012

Permit Number: 2000J Expiration Date: ***

, 201 7 Page 1 of 2 7 Pages

GENERAL PERMIT

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM

WASTE DISCHARGE PERMIT Department of Environmental Quality

811 SW Sixth Avenue

Portland, OR 97204

Telephone: (503) 229

- 5630

Issued pursuant to ORS 468B.050 and The Federal Clean Water Act

ISSUED TO:

PESTICIDE APPLICATIONS THAT ARE COVERED UNDER THE PERMIT:

This permit is required for pesticide applications for weed and algae control in an irrigation system or at the

water’s edge within the irrigation system boundaries

. “ Weed and algae control ” includes control of invasive

or other nuisance weeds, algae and pathogens such as, fungi and bacteria. “ Irrigation systems ” include, but

are not limited to, irrigation canals, laterals, ditches

, drains or detention basins

. “ Water’s edge ” means pesticide applications made within three feet of waters of the state or within three feet of conveyances with a

surface connection to w aters of the state at the time of pesticide application. The three feet distance is

measured horizontally from the water’s edge.

T he following entities may register for this permit :

• Irrigation Districts formed under ORS Chapter 545,

• Entities previously assigned an individual permit for the application of aquatic pesticides in irrigation

systems

, or

• Other entities that own or operate irrigation systems in which pesticide applications made to the total

treatment area exceed s 20 acres of surface area or 20 linear miles in a calendar year.

Issued:

Effective:

Greg Aldrich

, Interim Administrator

Water Quality Division

PERMITTED ACTIVITIES

Until this permit expires or is modified or revoked, the permit registrant is authorized to apply pesticides in surface waters of the state only from the authorized discharge point or points established in Schedule A and
only in conformance with all the requirements, limitations, and conditions set forth in the attached schedules

as follows:

Page

Schedule A

- Discharge Limitations not to be Exceeded

................................ .................... 4

Schedule B

- Minimum Monitoring and Reporting Requirements

................................ ..... 9

Sche dule C

- Compliance Conditions and Schedules

.......... .................. ............. .. .Reserved

Schedule D

- Special Conditions

................................ ................................ ....................... 15Permit Number: 2000J

Page 2 of 27 Pages

Schedule F

- General Conditions

................................ ................................ ....................... 20

Unless specifically authorized by this permit, by another NPDES or WPCF permit, or by Oregon Administrative Rule, any other direct or indirect discharge of waste is prohibited, including discharge to waters of the state or an underground injection control system.

COVERAGE AND ELIGIBILITY

A. WH O IS SUBJECT TO THIS PERMIT ?

1. The permit applies to irrigation districts formed under ORS 545 and entities previously

covered by an individual permit for the application of aquatic pesticides . The permit also

applies to other entities that own or operate irrigation systems ( such as, cooperatives,

companies and landowners ) in which pesticide applications made to a total treatment area

exceed s 20 acres of surface area or 20 linear miles in a calendar year.

B. HOW TO REGISTER FOR PERMIT COVERAGE

1. Obtain a DEQ application form through the mail or in person from a DEQ regional office,

or download the application form from the DEQ website.

2. Submit a vegetation management plan (VMP) , as described in Schedule D, c ondition 2.

, with the permit application.

3. Submit a completed Land Use Compatibility Statement (LUCS) f orm with the application.

4. Submi t fees with the application.

a. For new registration under this permit, the applicant must submit a new pe rmit application fee and the first year ’ s annual fee with the application. General
permit registration and annual fees are posted on DEQ’s website and in OAR

340

- 045

- 0075 Permit Fee Schedule in Table 70G.

b. DEQ will not require a new registration fee when transferring registration to this
general permit from the pesticide general permit ( 2300A) or from an individual permit.

c. To maintain registration coverage under the permit, an annual fee is due each
year. The due date for the annual fee is based on the date of registration and can be different for each permit registrant.

5. Failure to pay applicable fees may result in denial of an application or termination of

coverage under this permit.

6. The permit expiration date is  , 2017. The date of expiration is the same for all permit

registrants covered under the permit. To renew registration, t ake the following steps

before the expiration date of the general permit:

a. On or before ** ** , 2017 (30 days prior to permit expiration) those registered under this permit must submit a complete application form to DEQ to renew permit coverage. (Note: The DEQ Director may grant permission to submit the application later than 30 days prior to the expiration but no later than the permit expiration date) ;and

b. Pay the annual fee. (Note: A new application fee is not required at renewal)

C. WHAT IS THE REGISTRATIO N PROCESS?

1. DEQ will review the application within 30 days of receipt and take one of the following

actions:

a. Issue written notice of permit registration approval.

b. Request additional information.Permit Number: 2000J

Page 3 of 27 Pages

c. Issue written notice of permit application denial. The applicant will be notified if the applicant's operation cannot be approved for coverage under this permit, or if
the applicant may need to apply for and obtain an individual permit.

D. LIMITATIONS ON COVERAGE (OAR 340

- 045

- 0033(10))

1. DEQ may revoke general permit coverage as it applies to any permit registrant and

require the permit registrant to apply for and obtain an individual NPDES permit if:

a. The permitted source or activity is a significant contributor of pollution or otherwise causes environmental problems

, or b. The permit registrant is not in compliance with the terms and conditions of this
general permit, or

c. Circumstances have changed so that the source or activity is no longer appropriately controlled by this general permit.

2. This permit does no t authorize discharges of a pesticide from pesticide application s that

reach any stream segment that is listed pursuant to OAR 340

- 041

- 0046 as water quality

limited on the EPA approved 303(d) list for that pesticide or its degradates, unless the

stream seg ment is subject to a total maximum daily load (TMDL) that includes an

allocation for the pesticide from pesticide applications covered under this permit.

3. Registration under this permit is not available under the following circumstances:

a. The discharges are authorized by another NPDES permit

. b. The discharges were authorized by a permit that has been or is in the process of being denied, terminated or revoked. This does not apply to routine permit

renewals every 5 years.

4. Any permit registrant not wishing to be covered or limited by this general permit may

apply for an individual NPDES permit in accordance with the procedures in OAR 340

-

045

- 0030.

5. For pesticide applications other than to control weed and algae within irrigation syste ms

as authorized by this permit , the 2300A pesticide general permit is available.

E. FEDERAL AND STATE RE QUIREMENTS

1. Compliance with this permit is not intended to relieve the permit registrant from

compliance with other federal and state requirements, such as the Endangered Species

Act (e.g., U.S. Fish and Wildlife Service Biological Opinions), F ederal I nsecticide

, Fungicide and R odenticide A ct (FIFRA) requirements, or Oregon Department of

Agri culture appl icator licensing requirements. I ssuance of this permit does not authorize

any activities inconsistent with biological opinions or established reasonable and prudent

measures developed to avoid incidental take of a listed species. In the event t hat

applicable biological opinions are revised or replaced, DEQ reserves the right to reopen

the permit or require that the permit registrant apply for an individual NPDES permit.Permit Number: 2000J

Page 4 of 27 Pages

SCHEDULE A

WASTE DISCHARGE LIMITATION S



### 1. The permit registrant shall not exceed the following water quality

- based effluent limitation s for discharges to waters of the state from the use of biological pesticides or chemical pesticides for pest control covered under this permit. The permit limitations take into account that all pesticide applications will leave a residue.

a. Pesticide discharge must not cause or contribute to a violation of water quality standards

( in OAR 340 Division 041 ) within the irrigation system but outside of the treatment area during the treatment perio d

, or within the irrigation system and treatment area after the treatment period has elapsed. If at any time the permit registrant becomes aware, or DEQ becomes aware, that the discharge causes or contributes to a violation of water quality

standards, corr ective action must be taken as required in Condition No. 3 below.

b. For acrolein

- , copper

- , and xylene

- based aquatic pesticides applied into an irrigation

system, the permit registrant shall not exceed the water quality

- based effluent limitation s listed below outside of the treatment area during the treatment period or after the treatment period has elapsed. The terms treatment area and treatment period are defined in Schedule

D.

i. For permit registrants using acrolein

- based pesticide:

Parameter Limitations

- Daily

Maximum* Quantitation Limit

Acrolein 0.9 μg/L 5 μg/L

*Compliance with the daily maximum limit is based on mee ting the Quantitation

Limit of 5 μ g/L.

ii. For permit registrants using copper

- based pesticide:

Parameter Limitations

- Daily Maximum

Copper 12 μg/L

iii. For permit registrants using xylene

- based pesticide:

Parameter Limitations

- Daily Maximum

Xylene 0.04 m g/L



### 2. The following pest management measures are technology

- based effluent limits that must be used

to minimize the discharge of biological pesticides or chemical pesticides :

a. Use the optimal amount of pesticide consistent with the pesticide label directions to reduce the potential for development of pest resistance and to minimize the frequency of
pesticide applicati ons necessary to control the target pest;

b. Perform regular maintenance activities to reduce leaks, spills, or other unintended
discharges of biological pesticides or chemical pesticides associated with the application of pesticides, including mixing and lo ading activities;

c. Maintain the pesticide application equipment in proper operating condition by
calibrating, cleaning and repairing the equipment as necessary to ensure effective and accurate pesticide applications

.Permit Number: 2000J

Page 5 of 27 Pages

d. Assess weather conditions (e.g. air and water temperature, precipitation and wind speed) in the treatment area to ensure application is consistent with all applicable pesticide
application requirements.



### 3. Corrective Action: A permit registrant shall take the following Corrective Action for all pesticide applications covered under this permit:

a. Upon becoming aware of a leak or spill, a permit registrant shall take immediate
corrective action to stop and contain leaks or spills of pesticides. Additionally a permit registrant must review a nd evaluate the pest management measures in Schedule A, Conditions 2 and 5 and where appropriate, take corrective action by revising the pest
management measures and ensuring that the following situations are eliminated and will not be repeated:

i. A spill, l eak or unpermitted discharge;

ii. A discharge that causes or contribute s to a violation of water quality standards ; iii. A failure to follow pest management measures ; iv. Pest management measures that are not sufficient to meet the discharge

limitations in the permit; or

v. A n adverse incident that requires notification

.

b. If any corrective action is required, as described in Condition 3.a. above, then the permit
registrant shall make sure that changes to the pest management measures are made before proceeding with any pesticide application.



### 4. Per mit registrant shall document corrective actions taken pursuant to Schedule A, Condition 3.a. ii. through v. within 5 days of becoming aware of that situation

. The permit registrant shall document

retain and produce to DEQ upon request the following information:

a. Identify what triggered the need for corrective action and include a brief description of the

incident ; b. The date the need for corrective was identified;

c. How the permit registrant became aware of the situation;

d. Results of any water quality sampling data;

e. The type of cor rective action(s) taken;

f. Date the corrective action began and ended;

g. Measures taken to prevent the recurrence, including if any modifications to the VMP were required, if applicable.



### 5. Weed and Algae Control : Prior to the first pesticide application made under this permit and at least once prior to the first pesticide application for each calendar year thereafter , the permit registrant shall select and implement p est m anagement m easures to identify the problem,

evaluate pest management options and minimize pesticide use

.

a. Identify the Problem : The permit registrant shall:

i. Identify areas with pest problems and characterize the extent of the problems, including, for example, any unattained water use goals (e.g.

, water delivery for
irrigation );

ii. Identify the target pest or pests causing the problems;

iii. Identify possible factors causing or contributing to the pest problem (e.g.,
nutrients, invasive species, etc);

iv. Establish any pest

- and site

- specific action threshold s to serve as action thresholds for implementing pest management options in Schedule A, 5 .b.

, below : and

v. In the event there is no data for the pest management area in the past calendar year, use other available data as appropriate to meet the permit condition s in

Schedule A, Condition 5 .a.

b. Evaluate Pest Management Options

The permit registrant shall evaluate the following management options

, including a combination of these management options, for the target pest in the pest management

area , considering impact to water quality, impact to non

- target organisms, pest resistance,
feasibility, and cost effectiveness:

i. No action ;Permit Number: 2000J

Page 6 of 27 Pages

ii. Prevention

, including possible infrastructure changes ; iii. Mechanical or physical methods ; iv. Cultural methods ;

v. Biological control agents ; vi. P esticides

.

c. Determine Appropriate Pesticide Use If a pesticide is selected as part of the pest management option

, the permit registrant shall

follow these pesticide use practices:

i. Conduct surveillance in an area that is representative of the pest problem prior to
each pesticide application to assess the pest management area and to determine

when the action threshold (s) is met that necessitates the need for applying the pesticide; and

ii. Reduce the impact o n the environment and non

- target organisms by evaluating site restrictions, application timing, and application method s in addition to applying the pesticide onl y when the action threshold has been met.

iii. Prior to the first application of the season in a spe cific treatment area, assure that all gates in that treatment area are in working order. D ocument this inspection

and any repairs.



### 6. For acrolein

- , copper

- and xylene

- based aquatic pesticide applications into an irrigation system

, the permit registrant shall follow the pesticide use practices below:

a. Do not apply upstream of any delivery point for water used for potable purposes.

b. Fish Control : fish screens or other structures or management practices must be in place to prevent fish from entering treatment areas during aquatic pesticide applications

. These measures must be sufficient to prevent fish from entering treatment areas during aquatic pesticide applications

.

c. For acrolein

- based pesticide, apply only when the size of pondweed or other aquat ic plants has reached an average length of 3 to 6 inches or floating or non

- floating masses of
algae are visible. The entire irrigation system may not be treated at one time.

d. For xylene

- based pesticide, apply only when plant growth in the irrigation system restricts water flow to the extent that water cannot be delivered consistent with good water supply management.

e. For copper

- based pesticide, apply only when aquatic weeds are present.

f. When requested to do so in writing by a water user , stop water deliveries to that user during pesticide application.

i. A ttach an easily visible tag to each water user delivery point tha t cannot be

locked. The tag must state that the delivery point has been closed at the request of the water user and may be reopened only by the permit registrant’s personnel.

g. Required Gate Management Practice s : C lose and lock each gate within the treatment area that discharges to natural waters at least two hours before the aquatic pest icide wave

i s expected to reach that gate. For any lateral canal that discharges to natural waters, either the point of discharge to natural waters must be closed or the turnout to the lateral

canal from the main canal must be closed.

i. To support the determination of when the gates must be closed, the permit registrant shall perform a time travel study as described in Schedule D, Condition

4

. ii. In making the determination of when the gates must be closed, consider the volume and velocity of flow in the treatment area and the distance between the point of the aquatic pesticide applicat ion and the gate to be closed. The fastest
flow velocity of the channel, as averaged through the vertical water column, in a representative chann el cross

- sect ion must be used. When channel configurations vary, calculations may be made on different sections of the treatment area to
determine the time when the aquatic pesticide wave is expected to reach the gate.Permit Number: 2000J

Page 7 of 27 Pages

iii. The calculations described above must be documen ted in the application log.

h. Reopening of Gates : R eopen gates only when acrolein

- , copper

- or xylene

- based pesticide s are no longer present at levels above the discharge limitations specified in

Schedule A. At times when sampling under Schedule B is not re quired, this
determination may be made using one of the following :

i. Holding : When applying acrolein

- based herbicide, wait for the expiration of the

holding period as specified in the EPA

- approved FIFRA label.

ii. Testing : For copper and xylene

- based herbicides, collect and analyze

representative samples of water , as described below within the treatment area to

demonstrate that treated water is no longer present prior to re

- opening gates:

1. Detention Basins

For detention basins, at least two samples must be collected as follows:

a. The first sample must be collected near the discharge gate.

b. The second sample must be collected near the inflow to the

detention basin.

2. Other Treatment Areas

For other areas, at least two samples m ust be collected as follows:

a. The first sample must be collected upstream of the open delivery

point farthest from the application site within the treatment area.

b. The second sample must be collected halfway between the most

downstream point in the treatment area and the application site.

If the treatment area consists of a main canal and laterals, sampling may be

conducted in the main canal or in a lateral, whichever best fits the description of

the tw o required sampling locations described above

.

iii. Turnover : F or acrolein

- , copper

- and xylene

- based herbicides, instead of

Condition 6.

, h

. i

. and ii. above, calculate the rate at which the volume of water in

the treatment area is replaced by fresh, untreated water

, based on the portion of

the treatment area whe re such turnover is the slowest (the slowest velocity of

flow, as averaged through the vertical water column, in a representative cross

section of the channel must be used). Do not o pen the gate(s) until the water in

the treatment area has turned over at l east two times.

1. The permit registrant may use turnover calculations to open gates in

individual laterals tha t are fed from the main canal. For example, a lateral

closer to the aquatic herbicide application point may turn over more quickly than the main canal or a lateral located farther away from the

application point.

2. In making th is calculation, the permit registrant shall consider the

distance between the aquatic herbicide application point and the gate

farthest from the application point to be reopene d. When channel

configurations vary, calculations may be made on different sections of

the treatment area to determine turnover time for the treatment area.

3. The turnover period begins when an aquatic herbicide is no longer being

applied into the irrigation ditch and water treated with aquatic herbicide

is being replaced with fresh

, untreated water.

4. These calculations and measurements must be documented as required in

Schedule B.Permit Number: 2000J

Page 8 of 27 Pages

i. Daily Inspection Requirements : At least once a day, during the period when pes ticide levels in the irrigation system are likely to be above the discharge limitation for acrolein

- , copper

- or xylene

- based pesticide s , inspect each locked gate within the treatment area and water user delivery point that has been closed as requested by a water user.

Document the inspection and any repair

.

j. The permit registrant shall reduce water flow to the extent reasonably practicable in the

treatment area to match the target rate for water use during the treatment period

.

k. Use a licensed pesticide applicator familiar with application requirements and risks of aquatic pesticide applications.

l. Ensure the licensed applicator has a copy of the contingency plan section of the VMP , as required by Schedule D, condition 2.f. on site during pesticide applica tions.

m. Maintain a continuing program of employee orientation and education to ensure proper action in the event of a spill or accident.



### 7. A permit registrant discharging pesticides to surface waters of the state solely from pesticide

research and develo pment activities shall use the pesticide consistent with any applicable research
plan and experimental use permit and is exempt from the pest management measures in Schedule

A, Condition 5 to the extent that such measures may compromise the research design.Permit Number: 2000J

Page 9 of 27 Pages

SCHEDULE B

MINIMUM MONITORING, NOTIFICATION , AND RECORDKEEPING REQUIREMENTS

MONITORING

1. The permit registrant shall inspect the gates as required in Schedule A, Condition 5. c. iii. and record the results of those inspections.

2. The permit registrant shall conduct and record visual assessments of application sites. Visual assessments consist of spot checks in the area in and around where pesticides are applied for possible and observable adverse incidents

, ( see the definition of adverse inci dent in Schedule D ), caused by an application of pesticides subject to this permit. Possible and observable adverse

incidents include, but are not limited to, the unanticipated death or distress of non

- target organisms, disruption of fish or wildlife habit at and disruption of recreational or municipal water

use

.

Visual assessments are required as follows:

a. During the application when considerations for safety and feasibility allow and

b. During any post

- application surveillance or efficacy check that is conducted.

3. The permit registrant shall monitor for the parameters below the first time in each month that an aquatic pesticide application of acrolein

- , copper

- or xylene

- based pesticide occurs. The laboratory used to analyze samples shall have a quality assurance/quality control (QA/QC)

program to document the accuracy of sample analysis and meet the quantitation limits specified

below

.

a. The permit registrant must monitor for the paramete rs below from the reopened gate that

is nearest to natural water within 30 minutes of opening the gate. If there is no gate, then
monitoring for the parameters below must be performed at a point nearest to natural water after treatment is complet e and with in 30 minutes of the pesticide wave reaching that point.

i. Following an acrolein

- based pesticide application :

Parameter Minimum

Frequency Quantitation

Limit Type of Sample /Action

Estimate of Flow

during the sample One each month N/A Measurement or

Calculation

Acrolein One each month 5 μg/L Grab

Sample location One each month NA Record location

Acrolein sampling and analysis must follow the procedures in 40 CFR §136 or Solid Waste

Method 8260

.

ii. Following a cop per

- based pesticide application :

Item or Parameter Minimum

Frequency Quantitation

Limit Type of Sample /Action

Estimate of Flow

during the sample One each month N/A Measurement or

Calculation

Copper One each month 10 μg/L Grab

Hardness (Total as

CaCO3) Once each month NA Grab

Sample location One each month NA Record location

Copper and hardness sampling and analysis must follow procedures in 40 CFR §136Permit Number: 2000J

Page 10 of 27 Pages

iii. Following a xyl ene

- based pesticide application :

Item or Parameter Minimum

Frequency Quantitation

Limit Type of Sample /Action

Estimate of Flow

during the sample One each month N/A Measurement or

Calculation

Xylene One each month 2 μg/L Grab

Sample location One each month NA Record location

Xylene sampling and analysis must follow procedures in 40 CFR §136

b. No monitoring for acrol ei n or xylene is required for months in which the irrigation system does not overflow or return flow to natural waters following aquatic pesticide
applications.

c. If the discharge limit in Schedule A, condition 1 for a pesticide was not met, then take

corrective action and r ep eat the monitoring requirement for that pesticide at the next application.

NOTIFICATIONS

4. Notice of Intended Use : For every calendar year, prior to the permit registrant’s first application

of acrolein

- , copper

- or xylene

- based pesticide into the irrigation system, the permit registrant

shall notify the following interested parties :

a. Each water user within its district by website (if applicable), general newsletter, special notice enclosed with a regular assessm ent, individual letter, or publication in one or more newspapers with a combined circulation area encompassing the area in which the
irrigation system is located.

b. The general public in the area served by the permit registrant’s system by publication in

o ne or more newspapers with a combined circulation area encompassing the area in which the irrigation system is located.

c. The notice must include the following information:

i. A statement of the permit registrant’s intent to apply aquatic pesticide(s) ; ii. Name of the pesticide(s) ; iii. Purpose of use ; iv. General description of where aquatic pesticide(s) will be used ;

v. General time period of expected use ; vi. Any water use restrictions or precautions during treatment ; vii. A phone number that interested persons may call to get mo re information from the permit registrant and

viii. A statement indicating that any affected water user may request in writing that water deliveries be stopped during aquatic pesticide application

.

5. Notice to Farmers with Dairy Animals : The permit registrant sh all provide adequate notice to water users with dairy animals prior to acrolein

- based pesticide application

. The purpose of this notice is to prevent dairy animals from drinking treated water and to allow water users with dairy

animals sufficient time to move their animals away from treated areas.

6. The permit registrant shall ensure Oregon Emergency Response System (OERS) is contacted , if the permit registrant observes or is otherwise made aware of an adverse incident that may have resulted from a discharge from the pesticide ap plication. Adverse incident is defined in Schedule D. The

contact must occur no later than 24 hours after the permit registrant becomes aware of the adverse incident. The Oregon Emergency Respon se System can be reached at 800

- 452

- 0311 or Salem

Area 503

- 378

- 6377

.

a. Notification to the Oregon Emergency Response System ( OERS) at 800

- 452

- 0311 or

Salem Area 503

- 378

- 6377 must include the following information.Permit Number: 2000J

Page 11 of 27 Pages

i. Name and telephone number of the person providing the notification ; ii. Location address and description of the area including water bodies affected ; iii. Permit registrant’s name and mailing address if different from above ; iv. The NPDES File Number, if known ;

v. Name of a contact person if different from the person providing the notification ; vi. Date, time, and the way that the adverse incident was discovered ; vii. Description of the adverse incident including name of the affected species ; viii. EPA registration number of each product applied in the area of the adverse

incident ; ix. Description of any steps taken

, or plan

, to correct, repair, clean up or mitigate the

adverse effects ;

x. Reason why notification was made later than 24 hours, if applicable.

b. A permit registrant is not required to notify O ERs of an adverse incident in the following

situations:

i. Permit registrant is aware of facts that clearly establish that the adverse incident was not related to toxic effects or exposure from the pesticide application;

ii. Permit registrant has received notification in writing that the DEQ has waived the reporting requirements for this incident or category of incidents;

iii. Permit registrant received clearly erroneous information about the adverse incident ; iv. An adverse incident occurs to pests th at are similar in kind to pests identified on the

FIFRA label

.

c. A permit registrant shall provide a written report within thirty ( 30 ) days of a reportable

adverse incident to the DEQ local regional field office at the address below. The report must include the following information:

i. Date, time and the information that was provided in the initial OERS notification in

Condition 6

. a . above ; ii. The DEQ or OERS employee who was co ntacted and any instructions received from that person;

iii. The effect of the adverse incident on species involved, including the type of species

(if known) , estimate of the number dead, estimate of the number distressed, the size

of the number of dead and the size of the number distressed;

iv. The size of the area of water that was affected (square area or stream miles);

v. Pesticide application rate, where the pesticide was applied (water’s edge, in water), method of application, name of the pesticide product, de scription of the pesticide
active ingredient(s)

, and EPA registration number for the product ; vi. Description of the circumstances under which the adverse incident occurred;

vii. If laboratory tests were performed, provide information on what tests were performed, when the tests were performed, who conducted the tests and a summary of the test results within 5 days after they become available ; viii. If applicable, explain why the adverse incident could not have been caused by
exposure to the pesticide ; ix. Actions to be take n to prevent the recurrence of the adverse incidents; and

x. A signature and date on report

.

DEQ Regional Field Office Addresses

Bend Office

475 NE Bellevue Dr., Suite 110

Bend, OR 97701

541

- 388

- 6146

Fax: 541

- 388

- 8283

Toll Free: 866

- 863

- 6668 (Oregon only)

Baker, Crook, Deschutes, Gilliam, Grant,

Harney, Hood River, Jefferson, Klamath,

Lake, Malheur, Morrow, Sherman,

Umatilla, Union, Wallowa, Wasco, and

Wheeler Portland Office

2020 SW Fourth Ave, Suite 400

Portland, OR 97201

- 4987

(503) 229

- 5263

fax ( 503) 229

- 6945 (Clackamas, Clatsop,

Columbia, Multnomah, Tillamook, and

Washington)Permit Number: 2000J

Page 12 of 27 Pages

Pendleton Office

700 SE Emigrant, #330

Pendleton, OR 97801

541

- 276

- 4063

Fax: 541

- 278

- 0168

Toll Free: 800

- 304

- 3513 (Oregon only) Eugene Office

541

- 686

- 7838

Toll Free: 800

- 844

- 8467 (Oregon only)

541

- 687

- 5603 (TTY)

165 East 7th Avenue, Suite 100

Eugene, OR 97401

Medford Office

221 Stewart Ave., Suite 201

Medford, OR 97501

541

- 776

- 6010

Toll Free: 877

- 823

- 3216 (Oregon only) Salem Office

503

- 378

- 8240

Toll Free: 800

- 349

- 7677 (Oregon only)

503

- 378

- 3684 (TTY)

750 Front St. NE, Suite 120

Salem, OR 97301

- 1039

7. The adverse incident notification requirements in this permit are in addition to the notification and reporting requirements required by FIFRA section 6(a)(2) and its implementing regulations at 40

CFR Part 159.

8. The permit registrant shall contact OERS in the event of a spill, release or threatened spill or

release of oil or hazardous material that exceeds the reportable quantity established in ORS

466.605 or l isted in OAR 340

- 142

- 0050, or will exceed a reportable quantity in any 24

- hour period. The Oregon Emergency Response System can be reached at 800

- 452

- 0311 or Salem Area

503

- 378

- 6377.

The reportable quantities in OAR 340

- 142

- 0050 include

, but are not limit ed to

, any quantity of oil
that would produce a visible film, sheen, oily slick, oily solids, or coat aquatic life, habitat or property with oil, and 200 pounds (25 gallons) of pesticide residue. A release does not include a discharge from pesticide applic ations that are made in compliance with applicable pesticide
application laws.

9. Within 5 days of becoming aware of a spill, leak or other unpermitted discharge of a pesticide to

waters of the state

, the permit registrant shall document and retain the following information in response to Schedule A. Condition 3 .a. i. :

a. Information provided to the Oregon Emergency Response System ; b. Summary of corrective action taken or to be taken

, including date the corrective action was

started a nd the date completed or expected to be completed ;

c. Any measures taken to prevent the recurrence of such a spill or leak or other unpermitted
discharge ; and

d. W hether modifications to the VMP are required, if applicable.

RECORDKEEPING

10. P ermit registrant shall record and maintain the following information regarding weed and algae pest control and provide it to D EQ upon request. All required re cords must be documented as soon as possible but no later than 14 days follow ing completion of each pesticide appli cation in a

treatment area

. A permit registrant can rely on copies of the records and documents that are developed for other obligations, such as those required under FIFRA, USDA, and state and local pesticide programs, provided that these separate documen ts satisfy the requirements of this permit and are kept at the address provided on the permit registration.

a. A copy of the permit (either electronic copy or hardcopy);

b. A copy of the application for permit registration submitted to the DEQ ;

c. Correspondence exchanged with DEQ specific to coverage under this permit, and a copy

of the D EQ acknowledgment letter assigning the file number for registration;

d. A copy of the annual report , see Schedule B, conditions 12 through 14 ;

e. A copy of the documenta tion required for documenting adverse incident and spills in

Schedule B, Condition s 6 .b and c , Schedule B Condition 9 above and corrective action in

Schedule A, Condition 4 ; f. Rationale for not reporting an adverse incident as allowed in Schedule B, Conditi on 6.b

. above;

g. Copy of the public notice required in Schedule B. Condition s 4. and 5. above ;Permit Number: 2000J

Page 13 of 27 Pages

h. Information on each treatment area to which pesticides are discharged as follows:

i. Surveillance methods used, dates of surveillance activities, and findings of

surveillance;

ii. Target pest(s) and explanation of the need for pest control;

iii. Pest

- or site

- specific action threshold prior to pesticide application;

1. Amount or size of plant growth prior to the pesticide application of

acrol ei n

- , copper

- and xylene

- based aqua tic pesticides as required in

Schedule A, Condition 6

. c., d. and e ;

iv. Description of pest management measures(s) implemented prior to the first pesticide application;

1. Date of gate inspection and note any repair to gates as required in

Schedule A

, Condition 5. c

. iii.

v. Application details (e.g., water temperature, total flow, time application started
and stopped, gallons of aquatic pesticide applied, dosage rate, concentration, application rate,) ; vi. Application details for acrolein

- , copper

- and xylene

- based aquat ic pesticides into
an irrigation system including :

1. List of gates in the treatment area that discharge to natural waters

2. Flow calculations used to determine when to close the gates and when to

reopen the gates (see Schedule A.

, Condition 6. g .iii and Condition

6.h.iii.4) ;

3. When gates are closed, the time of closure and the time reopened (if

using turnover time as specified in Schedule A

. 6.h.iii.4

. , include flow

measurements or calculations used to determine turnover of at least two

times) ;

4. Expecte d duration of the treatment ;

5. Time application started and stopped ;

6. Date and time of daily inspection of locked gate a nd closed water

delivery point as required by Schedule A , Condition 6.i ;

7. Date and time of gate inspections as required in Schedule A. 5.c.ii i

. vii. Company name and contact information for pesticide applicator;

viii. If licensed as a pesticide applicator or pesticide consultant in Oregon, pesticide application records as required by ORS 634.146 and OAR 603

- 057

- 0130;

ix. If licensed as a private pesticide applicator in Oregon, records as required by US
Department of Agriculture, Agricultural Marketing Service ;

x. Pesticide application dates and time of day of the application;

xi. Description of treatment area, including location and size (acres or linear feet) of
treatment area and identification of any waters, either by name or by location, to which any pesticides were discharged;

xii. Name of each pesticide product used including the EPA registration number;

xiii. Quantity of pesticide applied (application rate, diluents, d ilution);

xiv. Concentration (%) of active ingredient in formulation;

xv. For pesticide applications directly to waters, the effective concentration of active ingredient required for control;

xvi. Any unusual or unexpected effects identified to non

- target organisms;

xvii. Whe ther or not a visual assessment was conducted. If a visual assessment was

conducted

, whether it was it during the pesticide application or post pesticide
application, if no visual assessment was conduct ed , explain why was it not

conducted;

xviii. Months when no s ampling for acrol ei n

- , copper

- or xylene were conducted
because the irrigation system did not overflow or return to natural water following aquatic pesticide applications per Schedule B, Condition 3

. b ; and

xix. Assessment of environmental conditions relating to proper pesticide use. ( e.g.

, water temperature, wind speed) , pursuant to Schedule A, condition 2.d.

i. Documentation of any equipment calibration, for example date of equipment calibration; (Copies of records kept by a pesticide application equipment operator may be used.);
j. A copy of the VMP along with all the supporting maps and documents, including any

modifications made to the VMP during the term of this permit.

k. Records must be kept for a period of at least 3 yearsPermit Number: 2000J

Page 14 of 27 Pages

MONTHLY REPORTING

11. The permit registrant shall submit a monthly monitoring report

. Monitoring results must be reported on DEQ

- approved forms. Reports must be submitted to the appropriate DEQ office by the 15th day of the following month. The DEQ will provide the appropriate regional office address to the permit registrant when the permit registrant is notified of permit coverage. The report must contain the following information:

a. Whether or not acrolein

- , copper

- or xylene

- based pesticides wer e applied into the irrigation

system

. b. Whether or not there was overflow or return flow to natural waters

.

c. Results from monitoring in Condition 3.a above i f there was an overflow or return flow to

natural waters and acrolein

- , copper

- or xylene

- based pesticides w ere applied into the
irrigation system.

ANNUAL REPORTING

12. By December 31 of each year, the permit registrant shall submit an annual report to the appropriate D EQ regional office . An annual report is due each year the permit is in effect even i f

there has been no pesticide application.

13. If the permit coverage is terminated, an annual report is due no later than 45 days after the

termination date or December 31 of the following year

, whichever is earlier. The annual report must address the portion of the year the permit registration was effective.

14. The annual report must contain the following information:

a. Permit registrant ’s name;

b. NPDES permit file number;

c. Timeframe the annual report covers; d. Contact person name, title, mailing address, e

- mail address (if any), and phone number;

e. For each pest treatment area:

i. Identification of any waters or other treatment area, including size, either by name or by location, to which you discharged any p esticide;

ii. What the pesticide application was used to control (i.e

., weeds and algae ) and

target pest;

iii. Company name and contact information for each pesticide applicator, if different

from the permit registrant ; iv. Total amount of each pesticide product appli ed during the reporting year by the product name, EPA registration number and by application method (e.g., aerially by fixed

- wing or rotary aircraft, broadcast spray, etc.);

v. Whether the pest control activity was addressed in the VMP, described in

Schedule D, prior to pesticide application;

f. If applicable, an annual report of any adverse incidents as a result of a treatment, for

incidents, as described in Schedule B

, Condition 6;

g. A description of any corrective action and the ratio nale for such action, including spill responses, resulting from pesticide application activities ; and

h. A description of any modifications made to the VMP

.Permit Number: 2000J

Page 15 of 27 Pages

SCHEDULE D

SPECIAL CONDITIONS

VEGETATION MANGEMENT PLAN ( V MP)

1. P ermit registrant shall develop and maintain a Vegetation Management Plan ( V MP) for weed and

algae pest control within the irrigation system boundaries as follows.

a. T he permit registrant shall submit a VMP that addresses weed and algae pest control with

the permit application.

b. Once the V MP is developed, the permit registrant shall keep the V MP up

- to

- date and reflective of current practices for the duration of registration under the general permit.

c. The VMP can include copies of the records and documents that are developed for other obligations, such as required under FIFRA, USDA, and state and local pesticide programs, if these separate documents satisfy the requirements for the content of the VMP.

2. The VM P must contain the following elements.

a. List of Team Members

- A V MP must identify all the persons (by name and contact information) that compose the team and each person’s individual responsibilities, including:

i. Persons responsible for managing pests in relation to the pest management area ; ii. Persons responsible for devel oping and revising the V MP ; and

iii. Persons responsible for implementing corrective actions and other effluent
limitation requirements

.

b. Pest Problem Identification

. The permit registrant shall document the pest problem
within the irrigation district boundarie s

. i. Pest problem description. The VMP must include a description of the pest problem in the irrigation district , including identification of the target pest or pests , source of the pest problem, and source of data used to ide ntify the problem

in Schedule A

, Condition No s

. 5

. a

. ii. Action Thresholds. The VMP must include a description of the action thresholds,
including a description of how they were determined ( e.g., data used in developing an action threshold and method used to determine when the action

thresho ld has been met )

. 1) Include Action Thresholds for a crolein

- , xylene

- and copper

- based

pesticides into the irrigation s ystem based on plant growth in Schedule

A., Condition 6. c.,d., and e.

iii. General location map. In the VMP , include a general location map that identifies the geographic boundaries of the irrigation system to which the VMP applies, the
anticipated treatment areas and location of natural waters

. iv. Water quality limited water

. Use the DEQ 303(d) list of impaired water bodies on DEQ’s web site to identify waters that are impaired for the substance discharge d

, i.e. the list of pesticide(s) or degradates for which the water is impaired and list

these in the VMP.

c. Pest Management Options Evaluation

. The V MP must include an evaluation of pest

management options (see Schedule A, condition 5 b.) including a combination of the pest

management options to control the target pest for the pest management area. The permit registrant shall document the pest manageme nt options that will be implemented to
comply with the effluent limitations required in Schedule A. The permit registrant shall

include in the description the active ingredients evaluated for pesticide use.

d. Schedules and Procedures. The V MP must include t he following schedules and procedures. These document the pest management measures used to comply with the

effluent limitations in Schedule A

. i. List of proposed pesticides to be applied including brand name and EPA registration number, and a copy of the label.

ii. Application Rate and Frequency Procedures for using the optimal amount of
pesticide consistent with the pesticide label directions to reduce the potential for development of pest resistance and to minimize the frequency of pesticide applications nec essary to control the target pest

.Permit Number: 2000J

Page 16 of 27 Pages

iii. Spill Prevention. Procedures and schedule of maintenance activities for preventing spills and leaks of pesticides associated with the application of
pesticides covered under this permit.

iv. Pesticide Application Equipment. S chedules and procedures for maintaining the pesticide application equipment in proper operating condition, including
calibrating, cleaning, and repairing the equipment.

v. Pesticide Visual Monitoring

– The permit registrant shall document procedures

for monito ring consistent with the requireme nts in Schedule B, Condition 2 including:

1) The process for determining the location of any monitoring;

2) A schedule for monitoring;

3) The person (or position) responsible for conducting monitoring

, vi. Pesticide Sampling

- A map that indicates sampling locations at gates or where

there are system connections to natural water within the irrigation system for
sampling after pesticide application of acrolein

- , copper

- or xylene

- based pesticides as required in Schedule B, Condit ion 3.

e. Response Procedures

. At a minimum, the V MP must include the following actions necessary to minimize discharges.

i. Spill Response Procedures. Procedures for expeditiously stopping, containing, and cleaning up leaks, spills, and other releases. Employees who may cause, detect, or respond to a spill or leak must be trained in these procedures and have
necessary spill response equipment available. If possible, one of these individuals

should be a member of the V MP team.

ii. Adverse Incident Response P rocedures

. Procedures for responding to any adverse incident resulting from pesticide applications

. iii. Procedures for notification of spill and adverse incident response. Procedures for notification of appropriate facility personnel, emergency chemical respon ders

, drinking water intake contacts and OERS . Contact information for the

notifications and information on the nearest emergency medical facility must be in locations that are readily accessible and available.

f. C ontingency p lan for the prevention, containment, and handling of spills and releases into the air or into or on any land or waters of the state from the application, storage and transport of acrolien, xylene or copper based pesticides

. i. Description of employee orientation and education progra m. ii. Description of the reporting system that will be used to notify responsible managers and legal authorities in the event of a pesticide spill to land

, air or

water

. iii. A list of the reportable quantities for the aquatic pesticides with reporting

thresholds in OAR 340

- 142.

iv. Procedures that will be taken to prevent, contain an d clean up spills of pesticides

to the land and water.

g. Fish control evaluation that documents the presence of fish screens, structures or other management practices intended to prevent fish fro m entering the treatment area.

h. Supporting Documentation . Pesticide licensing as required by Oregon Department of Agriculture under ORS chapter 634. Copies of any portions of any documents that are

in c orporated by reference to satisfy the required elements of the V MP

.

i. Signature Requirement . The V MP and any revisions to the V MP must be signed, dated

and certified as described in Schedule F Section D Reporting Requirements under

Condition No. 8

.

3. The permit registrant shall ensure the VMP is review ed and modif ied as follows :

a. Review the V MP at least once per calendar year and whenever necessary to update the
pest problem identified, scope of pest management area and pest management strategies

evaluated.

b. Modify the V MP to address corrective actions t aken in Schedule A.

c. Modify the V MP when a change in pest control activities significantly changes the type or quantity of pollutants discharged.Permit Number: 2000J

Page 17 of 27 Pages

d. Make the changes to the V MP before the next pesticide application that results in a discharge, if practicabl e, or if not, as soon as possible thereafter.

4. Prior to the application of acrol ei n

- , copper

- or xylene

- based pesticides to a treatment area within

the irrigation system, the permit registrant shall conduct a time travel study under the following

methods or conditions to support turnover methods and travel times used to comply with the

permit.

a. A dye study where dye is released at one or more points in the system and concentrations

downstream are measured over time.

b. Measure th e velocity and cross

- sectional area at various representative points in the

system.

c. The permit registrant shall complete a time travel study at each application site no less

than once every five years.

d. The flow conditions during the time travel study must mimic the conditions during

pesticide application.

e. The permit registrant shall submit the results of the most recent time travel studies to

DEQ with the first set of monitoring reports submitted in a given calendar year.

Definitions

Action Thresh old

– The point at which pest populations or environmental conditions can no longer be

tolerated, necessitating that pest control action must be taken based on economic, human health,

aesthetics, or other effects. Detecting a single pest does not always mean c ontrol is needed. An action

threshold may be based on current or past environmental factors that are or have been demonstrated to be

conducive to pest emergence or growth, as well as past or current pest presence. Action thresholds are

those conditions tha t indicate both the need for control actions and the proper timing of those actions.

Adverse Incident

– means an unusual or unexpected incident that the permit registrant observed upon

inspection or of which the permit registrant otherwise become s aware, in which :

(1) A person or non

- target organism has likely been exposed to a pesticide residue, (e.g. direct

contact or through drinking water) and

(2) The non

- target organism suffered a toxic or adverse effect.

The phrase “toxic or adverse effect” includ es effects that occur within waters of the state on non

- target

plants, fish or wildlife that are unusual or unexpected (e.g., non

- target organisms are those not described

on the pesticide product label or otherwise not expected to be present) as a result o f exposure to a

pesticide residue, and may include:

- Distressed or dead juvenile and small fishes

- Washed up or floating fish

- Fish swimming abnormally or erratically

- Fish lying lethargically at water surface or in shallow water

- Fish that are listless or nonresponsive to disturbance

- Stunting, wilting, or desiccation of non

- target submerged or emergent aquatic plants

- Other dead or visibly distressed non

- target aquatic organisms (amphibians, turtles, invertebrates,

etc.)

The phrase, “toxic or adverse effects ,” also includes any adverse effects to humans (e.g., skin rashes), or

animals that occur either from direct contact with or as a secondary effect (e.g., sickness from

consumption of plants or animals containing pesticides) from a discharge to waters of th e state and that

are temporally and spatially related to exposure to a pesticide residue (e.g. vomiting, lethargy).Permit Number: 2000J

Page 18 of 27 Pages

Applicator

– any entity that performs the application of a pesticide.

Minimize

- To reduce or eliminate pesticide discharges to waters of the state through the use of pest

management measures to the extent technologically available and economically practicable and

achievable.

OAR

– Oregon Administrative Rules

Permittee

– means permit registrant

Pesticide

– "Pesticide" includes:

(a) "Defoliant" which means any substance or mixture of substances intended for causing the leaves or

foliage to drop from a plant with or without causing abscission;

(b) "Desiccant" which means any substance or mixture of substances intended for artificially accelerating

the drying of plant tissue;

(c) "Fungicide" which means any substance or mixture of substances intended for preventing, destroying,

repelling or mitigating any fungus;

(d) "Herbicide" which means any substance or mixture of substances intended for preventing, destroying,

repelling or mitigating any weed;

(e) "Insecticide" which means any substance or mixture of substances intended for preventing, destroying,

repelling or mitigating any insects that may be present in any environment whatsoever;

(f) "Nematicide" which means any substance or mixture of substances intended for preventing,

destroying, repelling or mitigating nematodes;

(g) "Plant regulator" which means any substance or mixture of substances intended, through physiological

action, to accelerate or retard the rate of growth or rate of maturation or to otherwise alter the behavior of

ornamental or crop plants or the produce thereof, but does not include substances to the extent that they

are intended as plant nutrients, trace elements, n utritional chemicals, plant inoculants or soil amendments;

or

(h) Any substance, or mixture of substances intended to be used for defoliating plants or for preventing,

destroying, repelling or mitigating all insects, plant fungi, weeds, rodents, predatory animals or any other

form of plant or animal life that is, or that the department may declare to be a pest, which may infest or be

detrimental to vegetation, humans, animals, or be present in any environment thereof. [ORS 634.006(8)]

Note 1: The reference to department in the definition of pesticide under (h) above refers to the

Department of Agriculture.

Note 2: Drugs used to control diseases of humans or animals (such as livestock, aquaculture, or pets) are

not considered pesticides; such drugs are regu lated by the Food and Drug Administration or the United

States Department of Agriculture. Fertilizers, nutrients, and other substances used to promote plant

survival and health are not considered plant growth regulators and thus are not pesticides.



### Pest Management Area

- The area of land, including any water, for which the permit registrant has

the responsibility, control, or jurisdiction for conducting pest management activities covered by this

permit.

Pest Management Measure

– any practice used to meet the effluent limitations that comply with

manufacturer specifications, industry standards and recommended industry practices related to the

application of pesticides, relevant legal requirements and other provisions that a prudent registrant would

implemen t to reduce and/or eliminate pesticide discharges to waters of the state.Permit Number: 2000J

Page 19 of 27 Pages

Pesticide Research and Development

– Activities undertaken on a systematic basis to gain new

knowledge (research) and/or the application of research findings or other scientific kno wledge for the

creation of new or significantly improved products or processes (experimental development).

Pesticide Residue

- includes that portion of a pesticide application that is discharged from a point source to

waters of the state and no longer provi des pesticidal benefits. It also includes any degradates of the

pesticide.

Target Pest

- is the pest intended to be controlled.

Treatment Area

- The area where a pesticide application is intended to provide pesticidal benefits.

A treatment area can be water and land, such as when the pesticide application is made over water, and

within 3 feet of the water’s edge. Multiple treatmen t areas may be located within an irrigation system

.

To calculate the annual treatment area for Weed and Algae Control, count each area once, regardless of

the number of pesticide applications performed on that area in a calendar year. For example, in counting

linear miles use the length of the linear feature (e.g., a stream or ditch) whether treating in or adjacent to

the featu re, regardless of the number of applications made to that feature during the calendar year.

Whether treating the bank on one side of a ten

- mile long ditch, banks on both sides of the ditch, and/or

water in that ditch, the total treatment area is ten miles for the purpose of determining whether registration

under this permit is required. Additionally, if the same linear 10 miles is treated more than once in a

calendar year, the total area treated is still 10 miles for the purposes of determining if such an a pplication

exceeds an annual treatment area threshold

.

The pesticide application to an intermittent stream or ditch that is dry at the time of the pesticide

application is not counted toward the treatment area. Similarly, for calculation for pesticide ap plications at

the water’s edge a hydrologic surface connection must exist at the time of application. Applications along

edges of dry ditches or dry season streams are not counted toward the thresholds.

Treatment Period

- means the time, as estimated by the permit registrant , during which the aquatic

pesticide is applied and controlling weeds within the treatment area.

Water’s edge

- means pesticide applications made within 3 feet of waters of the state and conveyances with a

hydrologic surface connection to waters of the state at the time of pesticide application. The three feet is

measured horizontally from the water’s edge and conveyance.

Waters of the state

- means lakes, bays, ponds, impounding reservoirs, springs, wells, rivers, streams,

creeks, estuaries, marshes, inlets, canals, the Pacific Ocean within the territorial limits of the State of

Oregon, and all other bodies of surface or underground waters, natural or artificial, inland or coastal, fresh

or salt, public or private (except those priv ate waters that do not combine or effect a junction with natural

surface or underground waters) that are located wholly or partially within or bordering the state or within

its jurisdiction. This definition is in Oregon Administrative Rules (OAR) 340

- 045

- 0 010(20) and Oregon

Revised Statutes 468B.005(10).Permit Number: 2000J

Page 20 of 27 Pages

SCHEDULE F

NPDES GENERAL CONDITIONS

– INDUSTRIAL FACILITIES

THE GENERAL CONDITIONS IN THIS SCHEDULE APPLY ONLY TO THE EXTENT THEY DO

NOT CONFLICT WITH THE REQUIREMENTS CONTAINED IN SCHEDULES A THROUGH D. IF

THE PERMIT REQUIREMENTS IN SCHEDULE A THROUGH D CONFLICT WITH THESE

GENERAL CONDITIONS, THE PERMIT REQUIREMENTS IN SCHEDULE A THROUGH D WILL

CONTROL

.

SECTION A. STANDARD CONDITIONS

A1. Duty to Comply with Permit

The permittee must comply with all conditions of this permit. Failure to comply with any permit condition is a

violation of Oregon Revised Statutes (ORS) 468B.025 and the federal Clean Water Act and is grounds for an

enforcement action. Failure to comply is also ground s for DEQ to terminate, modify and reissue, revoke, or

deny renewal of a permit.

A2. Penalties for Water Pollution and Permit Condition Violations

The permit is enforceable by DEQ or EPA, and in some circumstances also by third

- parties under the citizen

suit provisions 33 USC § 1365. DEQ enforcement is generally based on provisions of state statutes and

Environmental Quality Commission (EQC) rules, and EPA enforcement is generally based on provisions of

federal statutes and EPA regulations.

ORS 468.140 allows DEQ to impose civil penalties up to $10,000 per day for violation of a term, condition, or

requirement of a permit. The federal Clean Water Act provides for civil penalties not to exceed $32,500 and

administrative penalties not to exceed $11,000 per day for each violation of any condition or limitation of this

permit.

Under ORS 468.943, unlawful water pollution, if committed by a person with criminal negligence, is

punishable by a fine of up to $25,000, imprisonment for not more than on e year, or both. Each day on which a

violation occurs or continues is a separately punishable offense. The federal Clean Water Act provides for

criminal penalties of not more than $50,000 per day of violation, or imprisonment of not more than 2 years, or

b oth for second or subsequent negligent violations of this permit.

Under ORS 468.946, a person who knowingly discharges, places, or causes to be placed any waste into the

waters of the state or in a location where the waste is likely to escape into the wa ters of the state is subject to a

Class B felony punishable by a fine not to exceed $250,000 and up to 10 years in prison per ORS chapter 161.

The federal Clean Water Act provides for criminal penalties of $5,000 to $50,000 per day of violation, or

impriso nment of not more than 3 years, or both for knowing violations of the permit. In the case of a second or

subsequent conviction for knowing violation, a person is subject to criminal penalties of not more than

$100,000 per day of violation, or imprisonment of not more than 6 years, or both.

A3. Duty to Mitigate

The permittee must take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in

violation of this permit that has a reasonable likelihood of adversely affecting human healt h or the

environment. In addition, upon request of DEQ, the permittee must correct any adverse impact on the

environment or human health resulting from noncompliance with this permit, including such accelerated or

additional monitoring as necessary to dete rmine the nature and impact of the noncomplying discharge.

A4. Duty to Reapply

If the permittee wishes to continue an activity regulated by this permit after the expiration date of this permit,

the permittee must apply for and have the permit renewed. The app lication must be submitted at least 180 days

before the expiration date of this permit.Permit Number: 2000J

Page 21 of 27 Pages

DEQ may grant permission to submit an application less than 180 days in advance but no later than the permit

expiration date.

A5. Permit Actions

This permit may be modifi ed, revoked and reissued, or terminated for cause including, but not limited to, the

following:

a. Violation of any term, condition, or requirement of this permit, a rule, or a statute.

b. Obtaining this permit by misrepresentation or failure to disclose fully a ll material facts.

c. A change in any condition that requires either a temporary or permanent reduction or elimination of the

authorized discharge.

d. The permittee is identified as a Designated Management Agency or allocated a wasteload under a total

maximum da ily load (TMDL).

e. New information or regulations.

f. Modification of compliance schedules.

g. Requirements of permit reopener conditions.

h. Correction of technical mistakes made in determining permit conditions.

i. Determination that the permitted activity endangers human health or the environment.

j. Other causes as specified in 40 CFR §§ 122.62, 122.64, and 124.5.

The filing of a request by the permittee for a permit modification, revocation or reissuance, termination, or a

notification of planned changes or anticipat ed noncompliance does not stay any permit condition.

A6. Toxic Pollutants

The permittee must comply with any applicable effluent standards or prohibitions established under Oregon

Administrative Rules (OAR) 340

- 041

- 0033 and 307(a) of the federal Clean Water Act for toxic pollutants and

with standards for sewage sludge use or disposal established under section 405(d) of the federal Clean Water

Act within the time provided in the regulations that establish those standards or prohibitions, even if the permit

has not yet been modified to incorporate the requirement.

A7. Property Rights and Other Legal Requirements

The issuance of this permit does not convey any property rights of any sort, or any exclusive privilege, or

authorize any injury to persons or property or invasion of any other private rights, or any infringement of

federal, tribal, state, or local laws or regulations.

A8. Permit References

Except for effluent standards or prohibitions established under section 307(a) of the federal Clean Water Act

and OAR 340

- 041

- 0033 for toxic pollutants, and standards for sewage sludge use or disposal established under

section 405(d) of the federal Clean Water Act, all rules and statutes referred to in this permit are those in effect

on the date this permit is issued.

A9. Permit Fees

The permittee must pay the fees required by OAR.

SECTION B. OPERATION AND MAINTENANCE OF POLLUTION CONTROLS

B1. Proper Operation and Maintenance

The permittee must at all times properly operate and maintain all facilities and systems of treatment and control

(and related appurtenances) that are installed or used by the permittee to achieve compliance with the

conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and

appropriate quality assurance proc edures. This provision requires the operation of back

- up or auxiliary

facilities or similar systems that are installed by a permittee only when the operation is necessary to achieve

compliance with the conditions of the permit.

B2. Need to Halt or Reduce Acti vity Not a Defense

For industrial or commercial facilities, upon reduction, loss, or failure of the treatment facility, the permittee

must, to the extent necessary to maintain compliance with its permit, control production or all discharges or

both until the facility is restored or an alternative method of treatment is provided. This requirement applies,Permit Number: 2000J

Page 22 of 27 Pages

for example, when the primary source of power of the treatment facility fails or is reduced or lost. It is not a

defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the

permitted activity in order to maintain compliance with the conditions of this permit.

B3. Bypass of Treatment Facilities

a. Definitions

(1) “Bypass” means intentional diversion of waste streams from an y portion of the treatment facility.

The permittee may allow any bypass to occur which does not cause effluent limitations to be

exceeded, provided the diversion is to allow essential maintenance to assure efficient operation.

These bypasses are not subjec t to the provisions of paragraphs b and c of this section.

(2) “Severe property damage” means substantial physical damage to property, damage to the treatment

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

reso urces that 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.

b. Prohibition of bypass.

(1) Bypass is prohibited and DEQ may take enforcement action against a permit tee for bypass unless:

i. Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage;

ii. There were no feasible alternatives to the bypass, such as the use of auxiliary treatment

facilities, retention of untreated wastes, or maintenance during normal periods of equipment

downtime. This condition is not satisfied if adequate backup equipment sh ould have been

installed in the exercise of reasonable engineering judgment to prevent a bypass that occurred

during normal periods of equipment downtime or preventative maintenance; and

iii. The permittee submitted notices and requests as required under Gener al Condition B3.c.

(2) DEQ may approve an anticipated bypass, after considering its adverse effects and any alternatives to

bypassing, when DEQ determines that it will meet the three conditions listed above in General

Condition B3.b(1).

c. Notice and request for bypass.

(1) Anticipated bypass. If the permittee knows in advance of the need for a bypass, a written notice

must be submitted to DEQ at least ten days before the date of the bypass.

(2) Unanticipated bypass. The permittee must submit noti ce of an unanticipated bypass as required in

General Condition D5.

B4. Upset

a. Definition. "Upset" means an exceptional incident in which there is unintentional and temporary

noncompliance with technology based permit effluent limitations because of factors be yond the

reasonable control of the permittee. An upset does not include noncompliance to the extent caused by

operation error, improperly designed treatment facilities, inadequate treatment facilities, lack of

preventative maintenance, or careless or impro per operation.

b. Effect of an upset. An upset constitutes an affirmative defense to an action brought for noncompliance

with such technology

- based permit effluent limitations if the requirements of General Condition B4.c are

met. No determination made during administrative review of claims that noncompliance was caused by

upset, and before an action for noncompliance, is final administrative action subject to judicial review.

c. Conditions necessary for a demonstration of upset. A permittee who wishes to establi sh the affirmative

defense of upset must demonstrate, through properly signed, contemporaneous operating logs, or other

relevant evidence that:

(1) An upset occurred and that the permittee can identify the causes(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 General Condition D5, hereof (24

- hour

notice); and

(4) The permittee complied with any remedial measures required under General Condition A3 hereof.

d. Burden of proof. I n any enforcement proceeding the permittee seeking to establish the occurrence of an

upset has the burden of proof.

B5. Treatment of Single Operational Upset

For purposes of this permit, a single operational upset that leads to simultaneous violations of more than one

pollutant parameter will be treated as a single violation. A single operational upset is an exceptional incidentPermit Number: 2000J

Page 23 of 27 Pages

that causes simultaneous, uninte ntional, unknowing (not the result of a knowing act or omission), temporary

noncompliance with more than one federal Clean Water Act effluent discharge pollutant parameter. A single

operational upset does not include federal Clean Water Act violations invo lving discharge without a NPDES

permit or noncompliance to the extent caused by improperly designed or inadequate treatment facilities. Each

day of a single operational upset is a violation.

B6. Public Notification of Effluent Violation

If effluent limitation s specified in this permit are exceeded or an overflow occurs that threatens public health,

the permittee must take such steps as are necessary to alert the public, health agencies and other affected

entities (for example, public water systems) about the e xtent and nature of the discharge in accordance with the

notification procedures developed under General Condition B7. Such steps may include, but are not limited to,

posting of the river at access points and other places, news releases, and paid announcem ents on radio and

television.

B7. Emergency Response and Public Notification Plan

The permittee must develop and implement an emergency response and public notification plan that identifies

measures to protect public health from bypasses or upsets that may en danger public health. At a minimum the

plan must include mechanisms to:

a. Ensure that the permittee is aware (to the greatest extent possible) of such events;

b. Ensure notification of appropriate personnel and ensure that they are immediately dispatched for

in vestigation and response;

c. Ensure immediate notification to the public, health agencies, and other affected entities (including public

water systems). The response plan must identify the public health and other officials who will receive

immediate notificat ion;

d. Ensure that appropriate personnel are aware of and follow the plan and are appropriately trained;

e. Provide emergency operations; and

f. Ensure that DEQ is notified of the public notification steps taken.

B8. Removed Substances

Solids, sludges, filter backwa sh, or other pollutants removed in the course of treatment or control of

wastewaters must be disposed of in such a manner as to prevent any pollutant from such materials from

entering waters of the state, causing nuisance conditions, or creating a public h ealth hazard.

SECTION C. MONITORING AND RECORDS

C1. Representative Sampling

Sampling and measurements taken as required herein must be representative of the volume and nature of the

monitored discharge. All samples must be taken at the monitoring points specified in this permit, and must be

taken, unless otherwise specified, befor e the effluent joins or is diluted by any other waste stream, body of

water, or substance. Monitoring points must not be changed without notification to and the approval of DEQ.

C2. Flow Measurements

Appropriate flow measurement devices and methods consistent with accepted scientific practices must be

selected and used to ensure the accuracy and reliability of measurements of the volume of monitored

discharges. The devices must be installed, calibrated and maintained to insure that the accuracy of the

measurem ents is consistent with the accepted capability of that type of device. Devices selected must be

capable of measuring flows with a maximum deviation of less than ± 10 percent from true discharge rates

throughout the range of expected discharge volumes.

C3. Mo nitoring Procedures

Monitoring must be conducted according to test procedures approved under 40 CFR part 136 or, in the case of

sludge use and disposal, approved under 40 CFR part 503 unless other test procedures have been specified in

this permit.

C4. Penal ties of Tampering

The federal Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders

inaccurate any monitoring device or method required to be maintained under this permit may, upon conviction,Permit Number: 2000J

Page 24 of 27 Pages

be punished by a fine of n ot more than $10,000 per violation, imprisonment for not more than two years, or

both. If a conviction of a person is for a violation committed after a first conviction of such person, punishment

is a fine not more than $20,000 per day of violation, or by imprisonment of not more than four years, or both.

C5. Reporting of Monitoring Results

Monitoring results must be summarized each month on a discharge monitoring report form approved by DEQ.

The reports must be submitted monthly and are to be mailed, delivere d or otherwise transmitted by the 15th

day of the following month unless specifically approved otherwise in Schedule B of this permit.

C6. Additional Monitoring by the Permittee

If the permittee monitors any pollutant more frequently than required by this per mit, using test procedures

approved under 40 CFR part 136 or, in the case of sludge use and disposal, approved under 40 CFR part 503 or

as specified in this permit, the results of this monitoring must be included in the calculation and reporting of

the dat a submitted in the discharge monitoring report. Such increased frequency must also be indicated. For a

pollutant parameter that may be sampled more than once per day (for example, total residual chlorine), only the

average daily value must be recorded unle ss otherwise specified in this permit.

C7. Averaging of Measurements

Calculations for all limitations that require averaging of measurements must utilize an arithmetic mean, except

for bacteria which must be averaged as specified in this permit.

C8. Retention of Records

Records of monitoring information required by this permit related to the permittee’s sewage sludge use and

disposal activities must be retained for a period of at least 5 years (or longer as required by 40 CFR part 503).

Records of all monitoring information including all calibration and maintenance records, all original strip chart

recordings for continuous monitoring instrumentation, copies of all reports required by this permit and records

of all data used to complete the application for this pe rmit must be retained for a period of at least 3 years from

the date of the sample, measurement, report, or application. This period may be extended by request of DEQ at

any time.

C9. Records Contents

Records of monitoring information must include:

a. The date, exact place, time, and methods of sampling or measurements;

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

c. The date(s) analyses were performed;

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

e. The analytical techniques or methods used; and

f. The results of such analyses.

C10. Inspection and Entry

The permittee must allow DEQ or EPA upon the presentation of credentials to:

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

where records must be kept u nder the conditions of this permit;

b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this

permit;

c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment),

practic es, or operations regulated or required under this permit; and

d. Sample or monitor at reasonable times, for the purpose of assuring permit compliance or as otherwise

authorized by state law, any substances or parameters at any location.

C11. Confidentiality of Information

Any information relating to this permit that is submitted to or obtained by DEQ is available to the public unless

classified as confidential by the Director of DEQ under ORS 468.095. The permittee may request that

information be classified as c onfidential if it is a trade secret as defined by that statute. The name and address

of the permittee, permit applications, permits, effluent data, and information required by NPDES application

forms under 40 CFR § 122.21 are not classified as confidential [40 CFR § 122.7(b)].Permit Number: 2000J

Page 25 of 27 Pages

SECTION D. REPORTING REQUIREMENTS

D1. Planned Changes

The permittee must comply with OAR 340

- 052, “Review of Plans and Specifications” and 40 CFR

§ 122.41(l)(1). Except where exempted under OAR 340

- 052, no construction, installation, or modification

involving disposal systems, treatment works, sewerage systems, or common sewers may be commenced until

the plans and specifications are submitted to and approved by DEQ. The permittee must give notice to DEQ as

soon as possible of any planned physical alternations or additions to the permitted facility.

D2. Anticipated Noncompliance

The permittee must give advance notice to DEQ of any planned changes in the permitted facility or activity

that may result in noncompliance with permit requirements.

D3. Transfers

This permit may be transferred to a new permittee provided the transferee acquires a property interest in the

permitted activity and agrees in writing to fully comply with all the terms and conditions of the permit and

EQC rules. No permit may b e transferred to a third party without prior written approval from DEQ. DEQ may

require modification or revocation and reissuance of the permit to change the name of the permittee and

incorporate such other requirements as may be necessary under 40 CFR § 1 22.61. The permittee must notify

DEQ when a transfer of property interest takes place.

D4. Compliance Schedule

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

contained in any compliance schedule of this permit must be submitted no later than 14 days following each

schedule date. Any reports of noncompliance must include the cause of noncompliance, any remedial actions

taken, and the probability of meeting the next scheduled requirements.

D5. Twenty

- Four Hour Reporting

The permittee must report any noncompliance that may endanger health or the environment. Any information

must be provided orally (by telephone) within 24 hours from the time the permittee becomes aware of the

circumstances, unless a shorter time is specified in the permit. During normal business hours, the DEQ regional

office must be called. Outside of normal business hours, DEQ must be contacted at 1

- 800

- 452

- 0311 (Oregon

Emergency Respons e System).

The following must be included as information that must be reported within 24 hours under this paragraph:

a. Any unanticipated bypass that exceeds any effluent limitation in this permit;

b. Any upset that exceeds any effluent limitation in this per mit;

c. Violation of maximum daily discharge limitation for any of the pollutants listed by DEQ in this permit;

and

d. Any noncompliance that may endanger human health or the environment.

A written submission must also be provided within 5 days of the time t he permittee becomes aware of the

circumstances. The written submission must contain:

e. A description of noncompliance and its cause;

f. The period of noncompliance, including exact dates and times;

g. The estimated time noncompliance is expected to continue if it has not been corrected;

h. Steps taken or planned to reduce, eliminate and prevent reoccurrence of the noncompliance; and

i. Public notification steps taken, pursuant to General Condition B7.

DEQ may waive the written report on a case

- by

- case basis if the oral report has been received within 24 hours.

D6. Other Noncompliance

The permittee must report all instances of noncompliance not reported under General Condition D4 or D5, at

the time monitoring reports are submitted. The reports must contain:

a. A description of the noncompliance and its cause;

b. The period of noncompliance, including ex act dates and times;Permit Number: 2000J

Page 26 of 27 Pages

c. The estimated time noncompliance is expected to continue if it has not been corrected; and

d. Steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance.

D7. Duty to Provide Information

The permittee must f urnish to DEQ within a reasonable time any information that DEQ may request to

determine compliance with the permit or to determine whether cause exists for modifying, revoking and

reissuing, or terminating this permit. The permittee must also furnish to D EQ, upon request, copies of records

required to be kept by this permit.

Other Information: When the permittee becomes aware that it has failed to submit any relevant facts or has

submitted incorrect information in a permit application or any report to DEQ , it must promptly submit such

facts or information.

D8. Signatory Requirements

All applications, reports or information submitted to DEQ must be signed and certified in accordance with

40 CFR § 122.22.

D9. Falsification of Information

Under ORS 468.953, any per son who knowingly makes any false statement, representation, or certification in

any record or other document submitted or required to be maintained under this permit, including monitoring

reports or reports of compliance or noncompliance, is subject to a Class C felony punishable by a fine not to

exceed $125,000 per violation and up to 5 years in prison per ORS chapter 161. Additionally, according to 40

CFR § 122.41(k)(2), any person who knowingly makes any false statement, representation, or certification in

any record or other document submitted or required to be maintained under this permit including monitoring

reports or reports of compliance or non

- compliance will, upon conviction, be punished by a federal civil

penalty not to exceed $10,000 per violat ion, or by imprisonment for not more than 6 months per violation, or

by both.

D10. Changes to Discharges of Toxic Pollutant

The permittee must notify DEQ as soon as it knows or has reason to believe the following:

a. That any activity has occurred or will occur that would result in the discharge, on a routine or frequent

basis, of any toxic pollutant that is not limited in the permit, if that discharge will exceed the highest of

the following “notification levels:

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

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

micrograms per liter (500 μg/l) for 2,4

- dinitrophenol and for 2

- methyl

- 4,6

- dinitrophenol; and one

milligram per liter (1 mg/ l) for antimony;

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

in accordance with 40 CFR § 122.21(g)(7); or

(4) The level established by DEQ in accordance with 40 CFR § 122.44(f).

b. That any activity has occurred or will occur that would result in any discharge, on a non

- routine or

infrequent basis, of a toxic pollutant that is not limited in the permit, if that discharge will exceed the

highest of the following “notification levels”:

(1) Five hundred microgr ams per liter (500 μg/l);

(2) One milligram per liter (1 mg/l) for antimony;

(3) Ten (10) times the maximum concentration value reported for that pollutant in the permit

application in accordance with 40 CFR § 122.21(g)(7); or

(4) The level established by DEQ in ac cordance with 40 CFR § 122.44(f).

SECTION E. DEFINITIONS

E1. BOD or BOD 5 means five

- day biochemical oxygen demand.

E2. CBOD or CBOD 5 means five

- day carbonaceous biochemical oxygen demand.

E3. TSS means total suspended solids.

E4. Bacteria means but is not limited to fec al coliform bacteria, total coliform bacteria, Escherichia coli ( E. coli )

bacteria, and Enterococcus bacteria.

E5. FC means fecal coliform bacteria.Permit Number: 2000J

Page 27 of 27 Pages

E6. Total residual chlorine means combined chlorine forms plus free residual chlorine

E7. Technology based permit effluent limitations means technology

- based treatment requirements as defined in

40 CFR § 125.3, and concentration and mass load effluent limitations that are based on minimum design

criteria specified in OAR 340

- 041.

E8. mg/l means milligrams per liter.

E9. μg/l means microgram per liter.

E10. kg means kilograms.

E11. m 3 /d means cubic meters per day.

E12. MGD means million gallons per day.

E13. Average monthly effluent limitation as defined at 40 CFR § 122.2 means the highest allowable average of daily

discharges over a calendar mon th, calculated as the sum of all daily discharges measured during a calendar

month divided by the number of daily discharges measured during that month.

E14. Average weekly effluent limitation as defined at 40 CFR § 122.2 means the highest allowable average of daily

discharges over 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.

E15. Daily discharge as defined at 40 CFR § 122.2 means the discharge of a pollutant measured during a calendar

day or any 24

- hour period that reasonably represents the calendar day for purposes of sampling. For pollutants

with limitations expressed in units of mass, the daily discharge must be calculated as the total mass of the

pollutant discharged over the day. For pollutants with limitations expressed in other units of measurement, the

daily discharge must be calculated as the average measurement of the pollutant over the day.

E16. 24

- hour composite sample means a combination of at least six discrete sample aliquots of at least 100

milliliters, collected at periodic intervals from the same location, during the operating hours of the facility over

a 24 hour period. Four (rather than six) aliquots should be collected for volatile orga nics analyses. The

composite must be flow or time proportional, whichever is more appropriate. The sample aliquots must be

collected and stored in accordance with procedures prescribed in the most recent edition of Standard Methods

for the Examination of W ater and Wastewater

. E17. Grab sample means an individual discrete sample collected over a period of time not to exceed 15 minutes.

E18. Quarter means January through March, April through June, July through September, or October through

December.

E19. Month means calend ar month.

E20. Week means a calendar week of Sunday through Saturday.