### DISCLAIMER

The full text of certain NPDES permits and the asso ciated fact sheets has been made available to provide online access to this public information. EPA is making permits and fact sheets available electronically to provide convenient access for inte rested public parties and as a reference for permit writers. The ownership of these documents lies with the permitting authority, typically a State with an authorized NPDES program.

While EPA makes every effort to ensure that this web site remains current and contains the final version of the active permit, we cannot guarantee it is so. For example, there may be some delay in posting modifications made after a permit is i ssued. Also note that not all active permits are currently available electronically. Only permits and fact sheets for which the full text has been provided to Headquarters by the permitting authority may be made available. Headquarters has requested the full text only for permits as they are issued or reissued, beginning November 1,

2002.

Please contact the appropriate permitting authority (either a State or EPA Regional office) prior to acting on this information to ensure you have th e most up-to-date permit and/or fact sheet. EPA recognizes the official version of a permit or fact sheet to be the version designated as such and appropriately stored by the respective permitting authority.

The documents are gathered from all permitting au thorities, and all documents thus obtained are made available electronically, with no screening for completeness or quality. Thus, availability on the website does not constitute endorsement by EPA.

### 2 Public Square Wilkes-Barre, PA 18711-0790 August 30, 2004

Northeast Regional Office 570-826

- 2511

Fax 570-830-3016

Gold Mills, Inc. 1 Penn Dye Street Pine Grove, PA 17963

Attention: Mr. Brian Maroney

Re: Industrial Waste Gold Mills, Inc. (Penn Dye and Finishing Plant)

NPDES Permit No. PA-0008231

APS ID No. 509780 Pine Grove Borough, Schuylkill County

Dear Mr. Maroney:

Your permit is enclosed.

Any person aggrieved by this action may appeal, pursuant to Section 4 of the Environmental Hearing Board Act, 35 P.S. Section 7514, and the Administrative Agency Law, 2 Pa. C.S., Chapter 5A, to the Environmental Hearing Board, Second Floor, Rachel Carson State Office Building, 400 Market Street,

P.O. Box 8457, Harrisburg, PA 17105-8457, 717-787-3483. TDD users may contact the Board through the Pennsylvania Relay Service, 800-654-5984. Appeals must be filed with the Environmental Hearing Board within 30 days of receipt of written notice of this action unless the appropriate statute provides a different time period. Copies of the appeal form and the Board's rules of practice and procedure may be obtained from the Board. The appeal form and the Board's rules of practice and procedure are also available in Braille or on audiotape from the Secretary to the Board at 717-787-3483. This paragraph does not, in and of itself, create any right of appeal beyond that permitted by applicable statutes and decisional law.

IF YOU WANT TO CHALLENGE THIS ACTION, YOUR APPEAL MUST REACH THE

BOARD WITHIN 30 DAYS. YOU DO NOT NEED A LAWYER TO FILE AN APPEAL WITH THE

BOARD.

IMPORTANT LEGAL RIGHTS ARE AT ST AKE, HOWEVER, SO YOU SHOULD SHOW THIS DOCUMENT TO A LAWYER AT ONCE. IF YOU CANNOT AFFORD A LAWYER, YOU MAY QUALIFY FOR FREE PRO BONO REPRESENTATION. CALL THE SECRETARY TO THE BOARD (717-787-3483) FOR MORE INFORMATION.

If you have any questions, please call Joseph Scolere at 570-826-2511.

Sincerely

Kate Crowley Program Manager Water Management Program

Enclosures

cc: U.S. Environmental Protection Agency

# COMMONWEALTH OF PENNSYLVANIA

DEPARTMENT OF ENVIRONMENTAL PROTECTION
BUREAU OF WATER SUPPLY AND WASTEWATER MANAGEMENT



## AUTHORIZATION TO DISCHARGE UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
DISCHARGE REQUIREMENTS FOR INDUSTRIAL WASTEWATER FACILITIES

NPDES PERMIT NO: PA-0008231

In compliance with the provisions of the Clean Water Act, 33 U.S.C. Section 1251 et seq. ("the Act") and Pennsylvania's Clean Streams Law, as amended, 35 P.S. Section 691.1 et seq

.,



### Gold Mills, Inc. 1 Penn Dye Street Pine Grove, PA 17963

is authorized to discharge from a facility known as Gold Mills, Inc., 1 Penn Dye St reet, Pine Grove, PA 17963, located in Pine Grove Borough, Schuylkill County to t he Swatara Creek in Watershed 7D in accordance with effluent limitations, monitoring requirements and other conditions set forth in Parts A, B and C hereof.



### THIS PERMIT SHALL BECOME EFFECTIVE ON October 1, 2004

THIS PERMIT SHALL EXPIRE AT MIDNIGHT ON August 29, 2009

The authority granted by this permit is subject to the following further qualifications:

1. If there is a conflict between the application, its supporting documents and/or amendments and the terms and conditions of this permit, the terms and conditions shall apply.

2. Failure to comply with the terms, conditions, or effluent lim itations of this permit is gr ounds for enforcement action; for permit termination, revocation and reissuance, or modifi cation; or for denial of a permit renewal application.

3. A complete application for renewal of this permit, or notice of intent to ceas e discharging by the expiration date, must be submitted to DEP at least 180 days prior to the above expiration date (unless permission has been granted by DEP for submission at a later date), using the appropriate NPDES permit application form.

In the event that a timely and complete application for renewal has been submitted and DEP is unable, through no fault of the permittee, to reissue t he permit before the above expiration date, the terms and conditions of this permit, including submission of the Discharge Monitoring Reports (DMRs), will be automatically continued and will remain fully effective and enforceable against the discharger until DEP takes final action on the pending permit application.

4. This NPDES permit does not constitute authorization to construct or make m odifications to wastewater treatment facilities necessary to meet the terms and conditions of this permit.

DATE PERMIT ISSUED August 30, 2004 ISSUED BY Kate Crowley TITLE Water Management Program Manager3800-PM-WSWM0011 5/2003PermitPermit No. PA-0008231PART A - EFFLUENT LIMITATIONS, MONITORING, RECORDKEEPING, AND REPORTINGREQUIREMENTSI.For Outfall001, Latitude40°33'22", Longitude76°23'18", River Mile Index59.9, Stream Code 9361which receives wastewater fromDyeing and Finishing Processesa.The permittee is authorized to discharge during the period from 10/1/2004through 8/29/2009.b.Based on the production data and anticipated wastewater characteristics and flows described in the permit application and its supporting documents and/oramendments, the following effluent limitations and monitoring requirements apply (see also Additional Requirements, Footnotes and SupplementalInformation).Discharge ParameterEffluent LimitationsMonitoring RequirementsMass Units (lbs/day)(1)Concentrations (mg/L)Minimum(3)MeasurementFrequencyRequiredSample TypeAverageMonthlyMaximumDailyMinimumAverageMonthlyMaximumDailyInstantaneousMaximum(2)Flow******See Page 3ContinuousRecordingInstrumentationBOD53967922/Week24 Hr.CompositeTotal Suspended Solids4178342/Week24 Hr.CompositePhosphorus as “P”33.466.82.0452/Week24 Hr.CompositeOil and Grease25050015.030.02/WeekGrabPhenols7.815.6.47.941.232/Week24 Hr.CompositeCOD633212,6642/Week24 Hr.CompositeSulfide15.8031.602/Week24 Hr.CompositeTotal Chromium7.9015.802/Week24 Hr.CompositeAntimony (10/1/04 to9/30/07)Monitor/ReportMonitor/ReportMonitor/ReportMonitor/ReportMonitor/Report2/Week24 Hr.CompositeAntimony (10/1/07 to.9171.834.055.110.1382/Week24 Hr.8/29/09)CompositeDissolved OxygenMinimum of 6.0 mg/l at all times2/WeekGrabpH6.0 to 9.0 STD Units at all timesDailyGrabSamples taken in compliance with the monitoring requirements specified above shall be taken at the following location(s): 0013800-PM-WSWM0011 5/2003PermitPermit No. PA-0008231PART A - EFFLUENT LIMITATIONS, MONITORING, RECORDKEEPING, AND REPORTING REQUIREMENTSI.For Outfall,Latitude,Longitude,River Mile Index,Stream Code 936100240°33'22"76°23'18"00340°33'26"76°23'23"00440°33'26"76°23'23"00540°33'25"76°23'22"00640°33'22"76°23'19"00740°33'20"76°23'18"00840°33'11"76°23'16"which receives wastewater from Uncontaminated Stormwater Outfallsa.The permittee is authorized to discharge during the period from 10/1/2004through 8/29/2009.b.Based on the production data and anticipated wastewater characteristics and flows described in the permit application and its supporting documents and/or amendments,the following effluent limitations and monitoring requirements apply (see also Additional Requirements, Footnotes and Supplemental Information).Discharge ParameterEffluent LimitationsMonitoring RequirementsMass Units (lbs/day)(1)Concentrations (mg/L)Minimum(3)MeasurementFrequencyRequiredSample TypeAverageMonthlyMaximumDailyMinimumAverageMonthlyMaximumDailyInstantaneousMaximum(2)Samples taken in compliance with the monitoring requirementsspecified above shall be taken at the following location(s):-3-3800-PM-WSWM0011 5/2003

Permit Permit No. PA-0008231

PART A - EFFLUENT LIMITATIONS, MONITORING, RE CORDKEEPING, AND REPORTING REQUIREMENTS (Con't)

Additional Requirements

c. All discharges of floating materials, oil, grease, scum, sheen and substances which produce color, tastes, odors, turbidity or settle to form deposits shall be controlled to levels which will not be inimical or harmful to the water uses to be protected or to hu man, animal, plant or aquatic life.

Footnotes (1) When sampling to determine compliance with mass effluent limitations, the discharge flow at the time of sampling must be

measured and recorded.

(2) The Instantaneous Maximum Discharge Limitations are for compliance use by DEP only. Do not report instantaneous maximums on DMRs or supplemental DMRs unless specifically required on those forms to do so.

(3) This is the minimum number of sampling events required. Permittees are encouraged, and it may be advantageous in demonstrating compliance, to perform more than the minimum number of sampling events.

Supplemental Information

(1) The effluent limitations for this outfall were determined using an effluent discharge of 2 million gallons per day.



### -4-II. DEFINITIONS

At Outfall (XXX) means a sampling location in outfall line XXX below the la st point at which wastes are added to outfall line (XXX), or where otherwise specified.

Average refers to the use of an arithmetic mean, unless otherwise specified in this permit.

Average Monthly Discharge Limitation means the highest allowable average of "daily discharges" over a calendar month, calculated as the sum of all "daily discha rges" measured during a calendar month divided by the number of "daily discharges" measured during that month.

Best Management Practices (“BMPs”) means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the pollution to surface waters of the Commonwealth. BMPs also include treatment requirements, operating procedures, and practices to control plant site runoff, spilla ge or leaks, sludge or waste disposal, or drainage from raw material storage.

Bypass means the intentional diversion of waste streams from any portion of a treatment facility.

Composite Sample (for all except GC/MS volatile organic analysis) means a combination of individual samples (at least eight for a 24-hour period or four for an 8-hour period) of at l east 100 milliliters each obtained at spaced time intervals during th e compositing period. The composite must be flow-proportional; either the volume of each individual sample is proportional to discharge flow rates, or the sampling interval is proportional to the flow rates over the time period used to produce the composite.

Composite Sample (for GC/MS volatile organic analysis) consists of at least four aliquots or grab samples collected during the sampling event (not necessarily flow proportioned). The samples must be combined in the laboratory immediately before analysis and then one analysis is performed.

Daily Average Temperature means the average of all temperat ure measurements made, or the mean value plot of the record of a continuous automated temperature recording instrument, either during a calendar day or during the operating day if flows are of

a shorter duration.

Daily Discharge 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 pollu tants with limitations expressed in units of mass, the "daily discharge" is calculated as the total mass of the pollutant discharged over the day. For pollutants with limitations expressed in other units of measurement, the "daily di scharge" is calculated as the average m easurement of the pollutant over the day.

Discharge Monitoring Report (“DMR”) means the form for the reporting of self-monitoring results by the permittee.

Estimated Flow means any method of liquid volume measurement based on a technical evaluation of the sources contributing to the discharge including, but not limited to, pump capabilities, water meters, and batch discharge volumes.

Geometric Average means the average of a set of n sample results given by the nth root of their product.

Grab Sample means an individual sample of at least 100 milliliters co llected at a randomly select ed time over a period not to

exceed 15 minutes.

Hazardous Substance means any substance designated under 40 CFR 116 pursuant to Section 311 of the Clean Water Act.

Immersion Stabilization (i-s) means a calibrated device is immersed in the wastewater until the reading is stabilized.

Industrial User or Indirect Discharger means an establishment that discharges or introduces industrial wastes into a Publicly Owned Treatment Works (POTW).

Maximum Any Time or Instantaneous Maximum means the level not to be exceeded at any time in any grab sample.

Maximum Daily Discharge Limitation means the highest allowable "daily discharge."


### -5-Measured Flow means any method of liquid volume measurement, the accuracy of which has been previously demonstrated in engineering practice, or for which a relationship to absolute volume has been obtained.

Non-contact Cooling Water means water used to reduce temperature which does not come in direct contact with any raw material, intermediate product, waste product (other than heat), or finished product.

Publicly Owned Treatment Works (“POTW") means a device or system used in the treatment (including recycling and reclamation) of municipal sewage or industrial wastes of a liquid nature which is ow ned by a state or municipality. The term includes sewers, pipes or other conveyances only if th ey convey wastewater to a POTW providing treatment.

Severe Property Damage means substantial physical damage to property, damage to the treatment facilities that causes them to become inoperable, or substantial and permanent loss of natura l resources 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.

Stormwater means the runoff from precipitation, snow melt runoff, and surface runoff and drainage.

Stormwater Associated with Industrial Activity means the discharge from any conveyance which is used for collecting and conveying stormwater and which is directly related to manufacturi ng, processing, or raw materials storage areas as defined at 40 CFR 122.26(b)(14).

Total Dissolved Solids means the total dissolved (filterabl e) solids as determined by use of the method specified in 40 CFR 136.

Toxic Pollutant means those pollutants, or combinations of pollutants, including disease-causing agents, which after discharge and upon exposure, ingestion, inhalation or assimilation into any organism, either directly from the environment or indirectly by ingestion through food chains, may, on the basis of informa tion available to DEP cause death, disease, behavioral abnormalities, cancer, genetic mutations, physiological malfunctions, including malfunctions in reproduction, or physical deformations in these organisms or their offspring.

III. SELF-MONITORING, REPORTING, AND RECORDS KEEPING

A. Representative Sampling

1. Samples and measurements taken for the purpose of mon itoring shall be representative of the monitored activity.

2. Records Retention

Except for records of monitoring information required by this permit related to the permittee's sludge use and disposal activities which shall be retained for a period of at least five years, all records of monitoring activities and results (including all original strip chart recordings fo r continuous monitoring instrumentation and calibration and maintenance records), copies of all reports required by this permit, and records of all data used to complete the application for this permit shall be retained by the permittee for three years from the date of the sample measurement, report, or application. The three-year period shall be extended as requested by DEP or the EPA Regional Administrator.

3. Recording of Results

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

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

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

c. The date(s) the analyses were performed.

d. The person(s) who performed the analyses.

e. The analytical techniques or methods used; and the associated detection level.

f. The results of such analyses.



### -6-4. Test Procedures

Unless otherwise specified in this permit, the test procedures for the analysis of pollutants shall be those approved under 40 CFR 136 (or in the case of sludge use or dispos al, approved under 40 CFR 136, unless otherwise specified in 40 CFR 503), or alternate test procedures approved pursuant to those parts, unless other test procedures have been specified in this permit.

5. Quality/Assurance/Control

In an effort to assure accurate self-monitoring analyses results:

a. The permittee, or its designated laboratory, shall participate in the periodic scheduled quality assurance inspections conducted by DEP and EPA.

b. The permittee, or its designated laboratory, shall develop and implement a program to assure the quality and accurateness of the analyses performed to satisfy the requirements of th is permit, in accordance with 40 CFR

136.

B. Reporting of Monitoring Results

1. The permittee shall effectively monitor the operation a nd efficiency of all wastew ater treatment and control facilities, and the quantity and quality of the discharge(s) as specified in this permit.

2. Unless instructed otherwise in PART C of this permit, a properly complete d DMR must be received at the following address within 28 days after the end of each monthly report period:

Department of Environmental Protection Programs Management Section (3WP30) Northeast Regional Office Permits Enforcement Branch Water Management Program Water Protection Division 2 Public Square U.S. EPA – Region III Wilkes-Barre, PA 18711-0790 NPDES Discharge Monitoring Reports

1650 Arch Street Philadelphia, PA 19103-2029

3. The completed DMR Form shall be signed and certified eith er by the following applicable person, as defined in 40 CFR 122.22(a), or by that person's duly authorized representative, as defined in 40 CFR 122.22(b):

- For a corporation - by a principal ex ecutive officer of at least the level of vice president, or an authorized representative if the repr esentative is responsible for the overall operation of the facility from which the discharge described in the NPDES form originates.

- For a partnership or sole proprietorship - by a general partner or the proprietor, respectively.

- For a municipality, state, federal or other public agency - by a principa l executive officer or ranking elected

official.

If signed by a person other than the a bove, written notification of delegation of DMR signatory authority must be

submitted to DEP in advance of or along with the relevant DMR form.

4. If the permittee monitors any pollutant, using analyti cal methods described in PART A III.A.4 herein, more frequently than the permit requires, the results of this monitoring shall be incorporated, as appropriate, into the calculations used to report self-monitoring data on the DMR.

C. Reporting Requirements

1. Planned Changes - The permittee shall give notice to DEP as soon as possible of any planned physical alterations or additions to the permitted facility. Notice is required only when:

a. The alteration or addition to a permitted facility may meet one of the criteria for determining whether a facility is a new source in 40 CFR 122.29(b).



### -7-b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants which are subject neither to effluent limitations in this permit, nor to notification requirements under 40 CFR 122.42(a)(1).

c. The alteration or addition results in a significant change in the permittee's sludge use or disposal practices, and such alteration, addition, or change may justify the a pplication of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pur suant to an approved land application plan.

2. Anticipated Noncompliance

The permittee shall give advance notice to DEP of any planned changes in the permitted facility or activity that may result in noncompliance with permit requirements.

3. Unanticipated Noncompliance or Potential Pollution Reporting

a. The permittee shall report any noncompliance or incidents causing or threatening pollution pursuant to 25 Pa. Code § 91.33 to DEP by telephone immediately giving the location and nature of the danger and, if reasonably possible to do so, to notify known downstream users of the waters.

b. The permittee shall immediately take or cause to be taken steps necessary to prevent injury to property and downstream users of the waters from pollution or a danger of pollution and, in addition, within 15 days from the incident, shall remove from the ground and from the affected waters to the extent required by the residual

substances.

c. A written submission shall also be provided within five days of the time the permittee becomes aware of the circumstances pursuant to 40 CFR 122.41(l)(6). The wr itten submission shall contai n a description of the noncompliance and its cause; the period of noncompliance, including the exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance.

d. Information that must be reported under th is paragraph includes, but is not limited to:

(1) Any unanticipated bypass that exceeds any effluent limitation in this permit.

(2) Any catastrophic event which cause s the discharge to exceed any effl uent limitation in this permit.

(3) Violation of a maximum daily discharge limitation for any of the pollutants listed in this permit.

e. DEP may waive the written report on a case-by-case basi s for reports under paragraph C.3.c of this section.

4. Other Noncompliance

The permittee shall report all instances of noncompliance not reported under paragraph C.3.a of this section, at the time DMRs are submitted. The reports shall contain the information listed in paragraph C.3.a of this section.

D. Specific Toxic Pollutant Notification Levels (for Manufacturing, Commercial, Mining, and Silvicultural Direct Dischargers) - The permittee shall notify DEP as soon as it knows or has reason to believe the following:

1. That any activity has occurred, or will occur, which would result in the discharge of any toxic pollutant which is not limited in this permit, if that disc harge on a routine or frequent basis w ill exceed the highest of the following

"notification levels."

a. One hundred micrograms per liter.

b. Two hundred micrograms per liter for acrolein and acrylonitrile.

c. Five hundred micrograms per liter for 2,4- dinitrophenol and 2-me thyl-4,6-dinitrophenol.

d. One milligram per liter for antimony.

e. Five times the maximum concentration value reported for that pollutant in this permit application.

f. Any other notification level established by DEP.


### -8-2. That any activity has occurred or w ill occur which would result in any discha rge, on a nonroutine or infrequent basis, of a toxic pollutant which is not limited in this permit, if that discharge will exceed the highest of the following

"notification levels":

a. Five hundred micrograms per liter.

b. One milligram per liter for antimony.

c. Ten times the maximum concentration value reported for that pollutant in the permit application.

d. Any other notification level established by DEP.



### -9-PART B

I. MANAGEMENT REQUIREMENTS

A. Compliance Schedules

1. The permittee shall achieve compliance with the terms and conditions of this permit within the time frames specified in this permit.

2. The permittee shall submit reports of compliance or noncomp liance, or progress reports as applicable, for any interim and final requirements contained in this permit. Such reports shall be submitted no later than 14 days following the applicable schedule date or compliance deadline.

B. Permit Modification, Termination, or Revocation and Reissuance

1. This permit may be modified, terminated, or revoked a nd reissued during its term in accordance with 25 Pa. Code, Chapter 92.

2. The filing of a request by the permittee for a permit modi fication, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance, doe s not stay any permit condition.

3. In the absence of DEP action to modi fy or revoke and reissue this permit, th e permittee shall comply with effluent standards or prohibitions established under Section 307(a) of the Clean Water Act for toxic pollutants within the time specified in the regulations that establish those standards or prohibitions.

C. Duty to Provide Information

1. The permittee shall furnish to DEP, within a reasonable time, any information which DEP may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit, or to determine compliance with this permit.

2. The permittee shall furnish to DEP, upon request, copies of records required to be kept by this permit.

3. Other Information - Where the permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to DEP, it shall promptly submit the correct and complete facts or information.

D. Proper Operation and Maintenance

The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve comp liance with the terms and conditions of this permit. Proper operation and maintenance includes, but is not limited to, adequate laboratory controls including appropriate quality assurance procedures. This provision also includes the operati on of backup or auxiliary facilities or similar systems that are installed by the permittee, only when necessary to achieve co mpliance with the terms and conditions of this permit.

E. Duty to Mitigate

The permittee shall take all reasonable steps to minimize or prev ent any discharge, sludge use or disposal in violation of this permit that has a reasonable likelihood of advers ely affecting human health or the environment.

F. Bypassing

1. Bypassing Not Exceeding Permit Limitations - The perm ittee may allow a bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the reporting and notif ication requirements of 4.a. and b. below.

2. Other Bypassing – In all other situations, bypassing is prohibited and DEP may take enforcement action against the permittee for bypass unless:

-10-a. A bypass is unavoidable to prevent loss of life, personal injury, or "severe property damage."

b. There are 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 should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance.

c. The permittee submitted the necessary re ports required under 4.a. and b. below.

3. DEP may approve an anticipated bypass, after considering its adverse effects, if DEP determines that it will meet the

conditions listed in F.2 above.

4. Notice

a. Anticipated Bypass – If the permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the bypass.

b. Unanticipated Bypass – The permittee shall submit notice of an unanticipated bypass as required in PART

A.III.C.3. (Unanticipated Noncomplia nce or Potential Pollution Reporting).

II. PENALTIES AND LIABILITY

A. Violations of Permit Conditions

Any person violating Sections 301, 302, 306, 307, 308, 318, or 405 of the Clean Water Act or any permit condition or limitation implementing such sections in a permit issued under Section 402 of the Act is subject to civil, administrative, and/or criminal penalties as set forth in 40 CFR 122.41(a)(2).

Any person or municipality who violates any provision of this permit; any rule, regulation, or order of DEP; or any condition or limitation of any permit issued pursuant to the Clean Streams Law, is subject to criminal and/or civil penalties as set forth in Sections 602, 603, and 605 of the Clean Streams Law.

B. Falsifying Information

The Clean Water Act provides that any person who does any of the following:

- Falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required to be maintained under this permit, or

- Knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit (including monito ring reports or reports of compliance or noncompliance),

shall, upon conviction, be punished by a fine and/or impr isonment as set forth in 18 P.S. § 4904 and 40 CFR 122.41(j)(5) and (k) (2).

C. Liability

Nothing in this permit shall be construed to relieve th e permittee from civil or crimin al penalties for noncompliance pursuant to Section 309 of the Clean Water Act or Sections 602, 603, or 605 of the Clean Streams Law.

Nothing in this permit shall be construed to preclude the institution of any legal action or to relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject to under the Clean Water Act and the

Clean Streams Law.

D. Need to Halt or Reduce Activity Not a Defense

It shall not be a defense for the permittee in an enforcement action that it would ha ve been necessary to halt or reduce the permitted activity in order to maintain comp liance with the conditions of this permit.



### -11-III. OTHER RESPONSIBILITIES

A. Right of Entry

Pursuant to Sections 5(b) and 305 of Pennsylvania's Cl ean Streams Law, 25 Pa. Code, Chapter 92 and 40 CFR 122.41(i ), the permittee shall allow authorized representatives of DE P and EPA, upon the presentation of credentials and other documents as may be required by law;

1. To enter upon the permittee's premises where a regulated fac ility or activity is located or conducted, or where records must be kept under the conditions of this permit;

2. To have access to and copy, at reasonable times, any reco rds that must be kept under the conditions of this permit;

3. To inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices or operations regulated or required under this permit; and

4. To sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act or the Clean Streams Law, any substances or parameters at any location.

B. Transfer of Permits

1. Transfers by modification. Except as provided in paragr aph 2 of this section, a permit may be transferred by the permittee to a new owner or operator only if this permit has been modified or revoked and reissued, or a minor modification made to identify the new permittee and incor porate such other requirements as may be necessary under

the Clean Water Act.

2. Automatic transfers. As an alternative to transfers under paragraph 1 of this sec tion, any NPDES permit may be automatically transferred to a new permittee if:

a. The current permittee notifies DEP at least 30 days in a dvance of the proposed transfer date in paragraph 2.b of this section;

b. The notice includes the appropriate DEP transfer form signed by the existing and new permittees containing a specific date for transfer of permit responsib ility, coverage, and liability between them; and

c. If DEP does not notify the existing permittee and the proposed new permittee of its intent to modify or revoke and reissue this permit, the transfer is effective on the date specified in the agreement mentioned in paragraph 2.b of

this section.

3. In the event DEP does not approve transfer of this pe rmit, the new owner or controller must submit a new permit application.



### -12­C. Property Rights

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

D. Duty to Reapply

If the permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the permitte e must apply for and obtain a new permit.

E. Other Laws

The issuance of this permit does not authorize any injury to persons or property or invasion of other private rights, or any infringement of State or local law or regulations.



### -13-

### PART C

I. OTHER REQUIREMENTS

SPECIAL CONDITIONS

1) Special Condition for Controlling Chemical Additives Usag e Rates: Chemical additives to control corrosion, scaling, algae, slime, fouling, oxygen, etc., and blow down discharge rates shall be managed by the permittee to ensure that toxic effects in the receiving stream are prevented. Usage rates shall be limited to the minimum amount necessary to accomplish the intended purposes of chemical addition and approva l is limited to the chemicals and usage rates contained in the application.

Whenever a change in chemical additive or increase in usage rates is desired by the permittee, a written notification in the format specified by the Department, shall be submitted at least sixty (60) days prior to the proposed use of the chemical. For each proposed chemical or usage rate, the written notif ication, as a minimum, shall include the following:

1. Trade names of additive.

2. Names and address of additive manufacturer.

3. Material Safety Data Sheet (MSDS) or other availabl e information on mammalian or aquatic toxicological effects.

4. Bioassay data including the 96-hour LC50 on the whole product.

5. Proposed average and maximum a dditive usage rates in lbs/day.

6. A flow diagram showing the point of chemical addition and the affected outfalls.

7. The expected concentration of the product at the final outfall.

8. The product density for liquids (lb/gal) used to convert usage rate (gpd) to in-system concentrations (mg/l).

9. The analytical test method that could be used to verify final discharge concentrations when the product is in use and the associated minimum analytical detection level (mg/l).

10. Conditioned water discharge rate (blowdown rate) and duration (hours).

11. Available data on the degradation of or decomposition of the additive in the aquatic environment.

12. Any other data or information the permittee believes woul d be helpful to the Department in completing its review.

Use of products or chemicals that contain one or more ingred ients that are carcinogens is generally prohibited. Before proposing limited use of such products or chemicals, the pe rmittee must first thoroughly investigate use of alternative products or chemicals to avoid the use of carcinogens. If no suitable alternatives are available, the permittee must submit written documentation as part of the information required above, that demonstrates to the satisfaction of the Department that no suitable alternatives are available and that any carcinogen in the proposed chemical or product will not be detectable in the final effluent using the most sensitive analytical method available.

Based on the information presented, the Department will de termine within 60 days whether the existing NPDES permit must be amended to include specific effluent limitations for active ingredients or other control measures. When so required, the permittee will be advised within 60 days that a formal request for a permit amendment is required including a filing fee and Act 14 notices.

If a permit amendment application is not requested from the permittee by the Department within 60 days, the permittee may proceed with the use of the propo sed chemical additive or usage rate.

Accurate records of usage (name of additive, quantity added, date added) of any approve d chemical additive and blow down discharge volumes must be maintained on the Chemical Additive Reporting Form and kept onsite by the permittee. All correspondence and notifications related to the chemical additives and usage rates must also be kept onsite with the required daily chemical usage records. If the notification is incomplete or the Department notifies the permittee that the proposed usage rate will cause violations of water quality sta ndards, then use of the requ ested chemical additive or requested change in its usage rate will be denied.

-14­PERMITTEE NAME/ADDRESS(IncludeNATIONAL POLLUTANT DISCHARGEELIMINATION SYSTEM (NPDES)FormApproved.Facility Name/Location if different)DISCHARGE MONITORING REPORT (DMR)OMB No. 2040-0004(2-16)(17-19)PA-0008231001MODAYPERMIT NUMBERDISCHARGE NUMBERMONITORING PERIODYEARYEAR MO DAYFROMTOApproval expires 9-30-85NAMEGold Mills, Inc.ADDRESS1 Penn Dye StreetPine Grove, PA 17963FACILITYPine Grove BoroughLOCATIONSchuylkill CountyPARAMETER((46-53)( 54-61)(QUANTITY OR CONCENTRATION(38-45)( 46-53) ( 54-61)NO.FREQUENCYOFSAMPLE(32-37)ANALYSIS(62-63) (64-68)TYPE(69-70)SAMPLEMEASUREMENT****** ****** ******RecordingFlowPERMITReportReportContin-InstrumenREQUIREMENTMgd***********************uoustationSAMPLEMEASUREMENTLbs/ ****** ****** ******BOD5PERMIT3967922/Comp -REQUIREMENTDay******************Mg/L24 Hr.SAMPLEMEASUREMENTLbs/ ****** ****** ******Total Suspended SolidsPERMIT4178342/Comp -REQUIREMENTDay******************Mg/L24 Hr.SAMPLEPhosphorusMEASUREMENTLbs/ ******(Total As P)PERMIT33.466.8242/Comp -REQUIREMENTDay******Mg/L24 Hr.SAMPLEMEASUREMENTLbs/ ******PERMIT25050015.030.02/REQUIREMENTDay******Mg/LGrabSAMPLEPhenolsMEASUREMENTLbs/ ******PERMIT7.815.6.47.942/Comp -REQUIREMENTDay******Mg/L24 Hr.SAMPLECODMEASUREMENTLbs/ ****** ****** ******PERMIT633212,6642/Comp -REQUIREMENTDay******************Mg/L24 Hr.NAME/TITLE PRINCIPAL EXECUTIVE OFFICERTELEPHONEDATESEE 18 USC §1001 ANDTYPED OR PRINTED33 USC §1319(of between 6 months and 5 years.)AREACODENOTE:Read instructions beforecompleting this form.3 Card Only)QUANTITY ORLOADING4 Card Only)AVERAGE MAXIMUM UNITS MINIMUM AVERAGE MAXIMUM UNITS EX30 Day AvgDaily Max30 Day AvgDaily MaxWeek30 Day AvgDaily MaxWeek30 Day AvgDaily Max30 Day AvgDaily MaxWeekOil and Grease30 Day AvgDaily Max30 Day AvgDaily MaxWeek30 Day AvgDaily Max30 Day AvgDaily MaxWeek30 Day AvgDaily MaxWeekI CERTIFY UNDER PENALTY OF LAW THAT I HAVE PERSONALLY EXAMINED AND AMFAMILIAR WITH THE INFORMATION SUBMITTED HEREIN AND BASED ON MY INQUIRYOF THOSE INDIVIDUALS IMMEDIATELY RESPONSIBLE FOR OBTAINING THE INFORMATION, IBELIEVE THE SUBMITTED INFORMATION IS TRUE, ACCURATE AND COMPLETE. I AM AWARETHAT THERE ARE SIGNIFICANT PENALTIES FOR SUBMITTING FALSE INFORMATIONINCLUDING THE POSSIBILITY OF FINE AND IMPRISONMENT.Penalties under these statutes may include fines up to $10,000 and or maximum imprisonmentSIGNATURE OF PRINCIPAL EXECUTIVEOFFICER OR AUTHORIZED AGENTNUMBER YEAR MO DAY(20-21) (22-23) (24-25) (26-27) (28-29) (30-31)COMMENT AND EXPLANATION OF ANY VIOLATIONS(Reference all attachments here)EPA form 3320-1 (Rev. 10-79)PREVIOUS EDITION TO BE USED(REPLACES EPA FORM T-40 WHICH MAY NOT BE USED.)PAGE1OF2UNTIL SUPPLY IS EXHAUSTEDPERMITTEE NAME/ADDRESS(IncludeNATIONAL POLLUTANT DISCHARGEELIMINATION SYSTEM (NPDES)FormApproved.Facility Name/Location if different)DISCHARGE MONITORING REPORT (DMR)OMB No. 2040-0004PA-0008231001PERMIT NUMBERDISCHARGE NUMBER(2-16)(17-19)Approval expires 9-30-85NAMEGold Mills, Inc.ADDRESS1 Penn Dye StreetPine Grove, PA 17963MONITORING PERIODFACILITYPine Grove BoroughFROMTOLOCATIONSchuylkill CountyMODAYYEARYEAR MO DAY(20-21) (22-23) (24-25) (26-27) (28-29) (30-31)PARAMETER((46-53)( 54-61)(QUANTITY OR CONCENTRATION(38-45)( 46-53) ( 54-61)NO.FREQUENCYOFSAMPLE(32-37)ANALYSIS(62-63) (64-68)TYPE(69-70)SAMPLEMEASUREMENTLbs/******SulfidePERMIT15.8031.602/24-Hr.REQUIREMENTDay******.************Mg/LComp.SAMPLEMEASUREMENTLbs/******PERMIT7.9015.802/24-Hr.REQUIREMENTDaily Max.Day******.************Mg/LComp.SAMPLEMEASUREMENTAntimonyPERMIT//Lbs///2/24-Hr.REQUIREMENTDaily Max.DayDaily Max.******Mg/LComp.SAMPLEMEASUREMENTPERMIT0.9171.834Lbs/.055.1102/24-Hr.REQUIREMENTDaily Max.DayDaily Max.******Mg/LComp.SAMPLEMEASUREMENT****** ************PERMIT6.02/REQUIREMENT*****************************Mg/LGrabSAMPLEMEASUREMENT****** ************pHPERMIT6.09.0Std.REQUIREMENT***********************UnitsDailyGrabNAME/TITLE PRINCIPAL EXECUTIVE OFFICERTELEPHONEDATESEE 18 USC §1001 ANDTYPED OR PRINTED33 USC §1319(of between 6 months and 5 years.)AREACODENOTE:Read instructions beforecompleting this form.3 Card Only)QUANTITY ORLOADING4 Card Only)AVERAGE MAXIMUM UNITS MINIMUM AVERAGE MAXIMUM UNITS EX************30 day avgDaily Max.Week************Total Chromium30 day avgWeek******(10/1/04 to 9/30/07)Monitor ReportMonitor ReportMonitor ReportMonitor Report30 Day Avg30 Day AvgWeek******Antimony (10/1/07 to 8/29/09)30 Day Avg30 Day AvgWeek******Dissolved OxygenInst. Mn.Week******MinimumMaximumI CERTIFY UNDER PENALTY OF LAW THAT I HAVE PERSONALLY EXAMINED AND AMFAMILIAR WITH THE INFORMATION SUBMITTED HEREIN AND BASED ON MY INQUIRYOF THOSE INDIVIDUALS IMMEDIATELY RESPONSIBLE FOR OBTAINING THE INFORMATION, IBELIEVE THE SUBMITTED INFORMATION IS TRUE, ACCURATE AND COMPLETE. I AM AWARETHAT THERE ARE SIGNIFICANT PENALTIES FOR SUBMITTING FALSE INFORMATIONINCLUDING THE POSSIBILITY OF FINE AND IMPRISONMENT.Penalties under these statutes may include fines up to $10,000 and or maximum imprisonmentSIGNATURE OF PRINCIPAL EXECUTIVEOFFICER OR AUTHORIZED AGENTNUMBER YEAR MO DAYCOMMENT AND EXPLANATION OF ANY VIOLATIONS(Reference all attachments here)EPA form 3320-1 (Rev. 10-79)PREVIOUS EDITION TO BE USED(REPLACES EPA FORM T-40 WHICH MAY NOT BE USED.)PAGE2OF2UNTIL SUPPLY IS EXHAUSTED*3 Years from date of Permit Issuance