west virginia department of environmental protection

Division of Water and Waste Management Earl Ray Tomblin, Governor

601 57th Street SE Randy C.Huñinan, Cabinet Secretary

Charleston, West Virginia 25304-2345 www.dep.wv.gov

Phone: 304-926-0495

Fax: 304-926-0496

ANDREW J KICINSKI, PRESIDENT September 25, 2012

RESERVE ENVIRONMENTAL SERVICES OHIO COUNTY

WV LLC

99 PENINSULA ST 91 7199 9991 7031 5500 0092

WHEELING, WV 26003

CERTIFIED RETURN RECEIPT REQUESTED

Dear Permittee:

Enclosed please find WV/NPDES Permit Number WV0116441 dated September 25, 2012.

Please note that a Discharge Monitoring Report (DMR) is to be completed and submitted to this Division

each quarter.

Finally note that copies of all future correspondence regarding the permit must be forwarded to the Field

Inspector and Field Supervisor at the following address:

Also, please note the attachment to this permit which describes the annual permit fee requirement.

If you have any questions, please contact John Lockhart, P.E. of this Division at (304) 926-0499 at

extension 1028.

Sincerely,

o Patel, P.E.

Chief Engineer

YP:jl

Enclosures

Prornoting a healthy environrnent
Permit Number: WV0116441

Permittee: RESERVE ENVIRONMENTAL SERVICES OHIO O

ce: Env. Insp. Supv.

Env. Insp.
STATE OF WEST VIRGINIA

DEPARTMENT OF ENVIRONMENTAL PROTECTION

DIVISION OF WATER AND WASTE MANAGEMENT

601 57TH STREET SE

CHARLESTON, WV 25304-2345

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM

WATER POLLUTION CONTROL PERMIT

NPDES PERMIT NO.: WV0116441 ISSUE DATE: September 25, 2012

SUBJECT: Industrial Waste EFFECTIVE DATE : November 01, 2012

EXPIRATION DATE: September 24, 2017

SUPERSEDES:N/A

LOCATION: WHEELING Ohio Upper Ohio River 2

(City) (County) (Drainage Basin)

See the next page for a list of Outlets.

TO WHOM IT MAY CONCERN:

This is to certify that: RESERVE ENVIRONMENTAL SERVICES OHIO COUNTY WV LLC

99 PENINSULA ST

WHEELING, WV 26003

is hereby granted a West Virginia NPDES Water Pollution Control Permit to:

acquire, construct, install, operate and maintain a zero discharge wastewater treatment system and best

management practices consisting of sedimentation, neutralization, chemical precipitation, flocculation, and coal

filtration operations designed to treat oil and gas industry drilling, development, and produced wastewater from

offsite sources for return and/or reuse by the oil and gas industry.

acquire, construct, install, operate and maintain a disposal system and best management practices for the direct

discharge of untreated storm water via Outlet 001; to Wheeling Creek, a tributary of the Ohio River approximately

2.2 miles from its mouth.

This permit is subject to the following terms and conditions :

The information submitted on and with Permit Application No. WV0116441 dated the 4th day of April, 2012, is

all hereby made terms and conditions of this Permit with like effect as if all such permit application information

were set forth herein and with other conditions set forth in Sections A, B, C and Appendix A.

The validity of this permit is contingent upon the payment of the applicable annual permit fee, as

required by Chapter 22, Article 11, Section 10 of the Code of West Virginia.
PageNo.:2of 11

Permit No.: WV0116441

nspectable Unit Latitude Longitude Receiving Stream Dist. to Stream Milepost

Mouth (in Mile)

001 40°04'41" 80°43'07" WHEELING CK 2.2 N/A
A.001 DISCHARGE LIMITATIONS AND MONITORING REQUIREMENTS:

Final Limitations

Year Round

During the period beginning 11/1/2012 and lasting through midnight 9/24/2017 the permittee is authorized to discharge from Outlet Number(s) 001 (Storm Water

Runoff)

Such discharges shall be limited and monitored by the permittee as specified below: Monitoring Requirements

Effluent Discharge Limitations Measurement Sample

Characteristic Quantity Unus Other Units Unia Freguency Tym

Flow,in Conduit or thru plant N/A N/A N/A N/A Rpt Only Rpt Only mgd 1/quarter Estimated

(Year Round) (ML-1) Avg. Monthly Max. Daily

BOD, 5-Day 20 Deg.C N/A N/A N/A N/A Rpt Only Rpt Only mg/I 1/quarter Grab

(Year Round) (ML-1) Avg. Monthly Max. Daily

Total Suspended Solids N/A N/A N/A N/A Rpt Only Rpt Only mg/I 1/quarter Grab

(Year Round) (ML-1) Avg. Monthly Max. Daily

pH N/A N/A N/A Rpt Only N/A Rpt Only S.U. 1/quarter Grab

(Year Round) (ML-1) inst. Min. Inst. Max.

Nitrogen, Total (as N) N/A N/A N/A N/A Rpt Only Rpt Only mg/l 1/quarter Grab

(Year Round) (ML-1) Avg. Monthly Max. Daily

Aluminum, Total Recoverable N/A N/A N/A N/A Rpt Only Rpt Only mg/I 1/quarter Grab

(Year Round) (ML-1) Avg. Monthly Max. Daily

Chloride (as Cl) N/A N/A N/A N/A Rpt Only Rpt Only mg/I 1/quarter Grab

(Year Round) (ML-1) Avg. Monthly Max. Daily

Fluoride, Total N/A N/A N/A N/A Rpt Only Rpt Only mg/l 1/quarter Grab

(Year Round) (ML-1) Avg. Monthly Max. Daily

Total Toxic Organics (TTO) N/A N/A N/A N/A Rpt Only Rpt Only mg/l 1/6 months Grab

(Year Round) (ML-1) Avg. Monthly Max. Daily

Samples taken in compliance with the monitoring requirements specified above shall be taken at the following location(s):

Outlet 001: 12" cast in place concrete pipe.

This discharge shall not cause violation of Title 47, Series 2, Section 3, of the West Virginia Legislative Rules issued pursuant to Chapter 22B, Article 3.

Page No.: 3 of 11

Permit No.: WV0116441
A.001DISCHARGE LIMITATIONS AND MONITORING REQUIREMENTS:

Final Limitations

Year Round

During the period beginning 11/1/2012 and lasting through midnight 9/24/2017 the permittee is authorized to discharge from Outlet Number(s) 001 (Storm Water

Runoff)

Such discharges shall be limited and monitored by the permittee as specified below: Monitoring Requirements

Effluent Discharge Limitations Measurement Sample

Characteristic Quantity Ung Other Units Freauency Tyge

Iron, Total (as Fe) N/A N/A N/A N/A Rpt Only Rpt Only mg/I 1/quarter Grab

(Year Round) (ML-1) Avg. Monthly Max. Daily

Sulfate N/A N/A N/A N/A Rpt Only Rpt Only mg/I 1/quarter Grab

(Year Round) (ML-1) Avg. Monthly Max. Daily

Chem. Oxygen Demand N/A N/A N/A N/A Rpt Only Rpt Only mg/l 1/quarter Grab

(Year Round) (ML-1) Avg. Monthly . Max. Daily

Oli and Grease, Hexane EXTR. N/A N/A N/A N/A Rpt Only Rpt Only mg/I 1/quarter Grab

(Year Round) (ML-1) Avg. Monthly Max. Daily

Total Dissolved Solids (TDS) N/A N/A N/A N/A Rpt Only Rpt Only mg/I 1/quarter Grab

(Year Round) (ML-1) Avg. Monthly Max. Daily

Radiation, Gross Alpha N/A N/A N/A N/A Rpt Only Rpt Only pCi/L 1/quarter Grab

(Year Round) (ML-1) Avg. Monthly Max. Daily

Radiation, Gross Beta N/A N/A N/A N/A Rpt Only Rpt Only pCi/L 1/quarter Grab

(Year Round) (ML-1) Avg. Monthly Max. Daily

Radium 226 and 228, Totai N/A N/A N/A N/A Rpt Only Rpt Only pCi/L 1/quarter Grab

(Year Round) (ML-1) Avg. Monthly Max. Daily

Strontium, Total (as Sr) N/A N/A N/A N/A Rpt Only Rpt Only mg/I 1/quarter Grab

(Year Round) (ML-1) Avg. Monthly Max. Daily

Samples taken in compliance with the monitoring requirements specified above shall be taken at the following location(s):

Outlet 001: 12" cast in place concrete pipe.

This discharge shall not cause violation of Title 47, Series 2, Section 3, of the West Virginia Legislative Rules issued pursuant to Chapter 22B, Article 3.

Page No.: 4 of 11

Permit No.: WV0116441
A.001DISCHARGE LIMITATIONS AND MONITORING REQUIREMENTS:

Final Limitations

Year Round

During the period beginning 11/1/2012 and lasting through midnight 9/24/2017 the permittee is authorized to discharge from Outlet Number(s) 001 (Storm Water

Runoff)

Such discharges shall be limited and monitored by the permittee as specified below: Monitorinq Requirements

Effluent Discharge Limitations Measurement Sample

Characteristic Quantity Units_ Other Units Freguency Tyge

Lithium, Total (as Li) N/A N/A N/A N/A Rpt Only Rpt Only mg/I 1/quarter Grab

(Year Round) (ML-1) Avg. Monthly Max. Daily

Bromide N/A N/A N/A N/A Rpt Only Rpt Only mg/l 1/quarter Grab

(Year Round) (ML-1) Avg. Monthly Max. Daily

Samples taken in compliance with the monitoring requirements specified above shall be taken at the following location(s):

Outlet 001: 12" cast in place concrete pipe.

This discharge shall not cause violation of Title 47, Series 2, Section 3, of the West Virginia Legislative Rules issued pursuant to Chapter 22B, Article 3.

Page No.: 5 of 11

Permit No.: WV0116441
PageNo.: 6 of 11

Permit No.: WV0116441

B. SCHEDULE OF COMPLIANCE

1. The permitee shall achieve compliance with the provisions for waste treatment and the monitoring

requirements specified in the permit in accordance with the following schedule :

Effective date of permit.

2. Reports of compliance or non-compliance with, and progress reports on interim and final requirements contained in

the above compliance schedule, if any, shall be postmarked no later than 14 days following each schedule date.
Page No.: 7 of 11

Permit No.: WV0116441

Section C - Other Requirements

01. The permittee shall practice good housekeeping including maintaining the facility grounds. There shall be no

scattered parts, equipment, debris, etc. Any and all drums shall be either stored in a covered area or kept upon

pallets and properly sealed.

02. The issuance of this permit shall not relieve the permittee of the obligation to comply with any other federal, state

or local laws. Compliance with this permit does not relieve the permittee from the obligation of Section 311 of the

Clean Water Act. This permit does not authorize spills of hazardous substances/wastes from any permitted outlet

into waters of the State. Such incidents are to be reported in accordance with Sections IV.1 and IV.2 of Appendix

A of this permit.

Specifically, the permittee must evaluate if the wastewater being collected at the treatment facility is a hazardous

waste (for instance a characteristic waste under 40 CFR 261.24). If the wastewater is a hazardous waste, the

permittee must evaluate whether it qualifies as a permit by rule facility under 40 CFR 270.60(c) and meet

notification, manifest, and reporting requirements including any more stringent state hazardous waste requirements.

03. Upon review of information submitted under terms and conditions of this permit, the permit may be modified to

require additional effluent limitations/monitoring requirements and/or improved best management practices.

04. The permittee shall notify the Division of Water and Waste luanagement immediately when it becomes aware of

any migration of any pollutant from any unpermitted source (such as contaminated groundwater and/or storm water)

into surface waters of the State.

05. The permittee may accept wastewater from treatment and disposal or recycle from the Oil & Gas industry. The

wastewater approved for acceptance from all sources is natural gas well development and production water only.

No other wastewater types may be accepted without prior approval from the agency. Without prior approval from

the agency, the permittee shall not accept and treat wastewater from any other facility.

06. The permittee shall submit each quarter according to the enclosed format, a Discharge Monitoring Report (DMR)

indicating in terms of concentration and/or quantities the values of the constituents listed in Section A analytically

determined to be in the plant effluent(s). Additional information pertaining to effluent monitoring and reporting can

be found in Section III of Appendix A.

07. The required DMRs shall be received by the agency no later than 20 days following the end of the reporting period

in accordance with the following requirements. The agency is now requiring the permittee to utilize our electronic

discharge monitoring report (eDMR) system which is now mandatory. The permittee is not required to submit hard

copies of the DMRs to the addresses listed below when using eDMR. Special circumstances may result in the

agency granting an exemption to eDMR and are considered on case by case basis. If the permittee was exempted

by the agency from using the eDMR system, then the permittee is required to send hard copies to the addresses

below. The permittee may contact the agency for more information about the eDMR system and potential

exemptions from using it. Regardless, in accordance with Appendix A, Section III.6 of this permit, the permittee

shall maintain copies of DMRs (either hard copies or electronic copies) at the plant site and the DMRs shall be

made readily available upon request for DEP personnel.

a. Director

Division of Water and Waste Management

601 57th Street, SE

Charleston, West Virginia 25304

Attn: Permitting Branch

Department of Environmental Protection

Environmental Enforcement

131 A Peninsula Street

Wheeling, West Virginia 26003
Page No.: 8 of 11

Permit No.: WV0116441

Section C - Other Requirements

08. Any "not detected (ND)" results by the permittee must be "ND" at the method detection limit (MDL) for the test

method used for that parameter and must be reported as less than the MDL used. The permittee may not report the

result as zero, "ND", or report the result as less than a minimum level (ML), reporting limit (RL), or practical

quantitation limit (PQL).

When averaging values of analytical results for DMR reporting purposes for monthly averages, the permittee should

use actual analytical results when these results are greater than or equal to the MDL and should use zero (0) when

these results are less than the MDL. If all analytical results are non-detect at the MDL (<MDL), then the permittee

should use the actual MDL in the calculation for averaging and report the result as less than the average calculation.

09. In incidences where a specific test method is not defined, the permittee shall utilize an EPA approved method with a

method detection limit (MDL) sensitive enough to confirm compliance with the permit effluent limit for that

parameter. If a MDL is not sensitive enough to confirm compliance, the most sensitive approved method must be

used. If a more sensitive EPA approved method becomes available, that method shall be used. Should the current

and/or new method not be sensitive enough to confirm compliance with the permitted effluent limit, analytical

results reported as "not detected" at the MDL of the most sensitive method available will be deemed compliant for

purposes of permit compliance. Results shall be reported on the Discharge Monitoring Reports as a numeric value

less than the MDL.

10. The permittee shall not use alternate DMRs without prior approval from this Agency.

11.The Groundwater Protection Plan (GPP) shall be maintained at the plant site and shall be available for inspection

by the Division of Water and Waste Management personnel.

12. The permittee shall implement and maintain its existing storm water pollution prevention plan (SWPPP) for the site.

The SWPPP shall be implemented in accordance with good engineering practices. The SWPPP shall identify

potential sources of pollution which may reasonably be expected to affect the quality of storm water discharges

associated with the industrial activity. In addition, the plan shall describe and ensure the implementation of

practices which are to be used to reduce the pollutants in storm water discharges associated with the industrial

activity at the facility and to assure compliance with the terms and conditions of this permit. A copy of this

document shall be retained at the site for review upon request.

13. The following storm water requirements apply to Outlet 001:

a. Samples shall be collected from the discharge resulting from a storm event that is greater than 0.1 inches in

magnitude and that occurs at least 72 hours from the previously measurable (greater than 0.1 inch rainfall)

storm event. Samples shall be taken during the first thirty (30) minutes, or as soon thereafter as practicable, of

the storm event.

b. Each outlet shall be monitored separately.

C. Pollutant Benchmark Value

Biological oxygen Deman 30 mg/l

Chemical oxygen Demand 120 mg/1

Total Suspended Solids 100 mg/l

Total Nitrogen 5 mg/1

oil and Grease 15 mg/1

Chloride 860 mg/l

Iron 1 mg/1

Aluminum 0.75 mg/1

Radiation, Gross Beta 1000 pCi/1

Radiation, Gross Alpha 3 pCi/1

Radium 226 + 228 5 pCi/1

Total Toxic organics 1 mg/1

Fluoride 1. 8 mg/l

Bromide (as Br) 0.052 mg/l*

Lithium 0.065 mg/l*

Strontium 9.6 mg/l*

pH 6.0 to 9.0 S.U.

* 1/10 Lowest LC50 (EPA ECoToX)
Page No.: 9 of 11

Permit No.: WV0116441

Section C - Other Requirements

13. c. When the concentration results from a minimum of four consecutive samples of a pollutant are all less than the

corresponding benchmark value for the pollutant, additional monitoring for the pollutant is not required (all pH

values of the samples must be within the range 6.0 to 9.0 S.U.). The facility shall submit, each year, to the

Division of Water and Waste Management, in lieu of the monitoring data, a certification (form will be

provided upon request) that there has not been a significant change in the industrial activity or the pollution

prevention measures in the area of the facility that drains to the outlet for which sampling is to be waived. If

the concentration of a pollutant exceeds the corresponding benchmark concentration or a pH value is not

within the range of 6.0 to 9.0 S.U., monitoring shall be continued and storm water pollution prevention

practices shall be revised and implemented. A letter stating the revised and implemented storm water pollution

prevention practices shall be submitted to the Division of Water and Waste Management at the address listed

in Section C.07.

14. If there is evidence indicating potential or realized impacts on water quality due to any storm water discharge

associated with industrial activity covered by this permit, the permit may be promptly modified and/or reissued to

include effluent limitations and/or other requirements to control such storm water discharges.

15. The permittee shall utilize EPA Method No. 1664 A (gravimetric analysis using the hexane extractable method

[HEM]) for the analysis of oil and grease.

16. There shall be no discharge of any process wastewater from any outlet.

17. If any portion of the Permittee's discharge that is identified as being subject to Federal Effluent Guideline(s) and the

new or revised requirements of the Federal Effluent Guideline(s) are not currently in this permit, the Director may

reopen or reissue this permit to incorporate additional, more stringent requirements or limitations.

18. The permittee shall dispose of any solid waste generated by the wastewater treatment plant in accordance with all

applicable disposal regulations.

19. Effluent monitoring for the following pollutants shall be conducted using the most sensitive methods and detection

levels commercially available and economically feasible. The following methods are to be used unless the

permittee desires to use an EPA Approved Test Method with a listed lower method detection level. Regardless, it is

recognized that detection levels can vary from analysis to analysis and that non-detect results at a different MDL for

the specified test method would not constitute a permit violation.

Parameter EPA Method No. Method Detection Level (ug/1)

Gross Alpha Radiation 900.0 1.0 (pCi/1)

Gross Beta Radiation 900.0 4.0 (pCi/1)

Radium 226 903.1 0.1 (pci/1)

Radium 228 904.0 1.0 (pCi/1)

Lithium 200.7 1.0

Bromide 300.1 14

20. The permittee shall not accept any drilling or development wastewater from offsite sources that contain measurable

amounts of Technically Enhanced Natural Occurring Radioactive Materials (TENORM) above background

concentrations (as defined by 64 CSR 23 of the West Virginia Legislative Rules) without prior certification from

the WV Department of Human Health. The permittee must modify this permit upon certification to accept

TENORM wastewater.

The permittee shall not accept any drilling or development wastewater from offsite sources that contain more than

one-twentieth of one percent (0.05%) of uranium, thorium, or any combination thereof (Source Material) without

prior certification from the Nuclear Regulatory Commission. The permittee must modify this permit upon

certification to accept Source Material wastewater.
PageNo.:10 of 11

Permit No.: WV0116441

Section C - Other Requirements

21. The permittee shall perform and submit to the agency the results of routine radiation surveys on at least a once per

year basis.The first radiation survey shall be performed on of before 6 months after the acceptance and treatment of

oil and gas wastewater begins. The radiation survey shall be performed by a professional radiation specialist or a

health physicist. The survey, at a minimum, shall be conducted by utilizing radiation survey meters, integrated

radiation measuring devices to determine potential exposure over time, and sampling of unit operation equipment,

wastes, and wastewater via laboratory analysis focusing on radium, uranium, thorium, and potassium as well as their

radioactive daughter decay products. Upon identification of any radioactively contaminated equipment the

permittee shall immediately initiate a monitoring program, establish a worker radiation safety and education

program, and decontaminate buildings, equipment, and/or facilities.
PageNo.: 11 of 11

Permit No.: WV0116441

The herein-described activity is to be extended, modified, added to, made, enlarged, acquired, constructed or

installed, and operated, used and maintained strictly in accordance with the terms and conditions of this permit, with

the plans and specifications submitted with Permit Application No. WV0116441; with the plan of maintenance and

method of operation thereof submitted with such application(s); and with any applicable rules and regulations

promulgated by the Environmental Quality Board and the Secretary of the Department of Environmental Protection.

Failure to comply with the terms and conditions of this permit, with the plans and specifications submitted with

Permit Application No. WV0116441; and with the plan of maintenance and method of operation thereof submitted

with such application(s) shall constitute grounds for the revocation or suspension of this permit and the invocation of

all the enforcement procedures set forth in Chapter 22, Article 11, or 15 of the Code of West Virginia.

This permit is issued in accordance with the provisions of Chapter 22, Article 11 and 12 and/or 15 of the Code of

West Virginia and is transferable under the terms of Section 11 of Article 11.

Scott G. Mandirola, Director
Appendix A

I. MANAGEMENT CONDITIONS:

1. Duty to Comply

a) The permittee must comply with all conditions of this permit. Permit noncompliance constitutes a violation of the CWA and State Act and is

grounds for enforcement action; for permit modification, revocation and reissuance, suspension or revocation; or for denial of a permit renewal

application,

b) The permittee shall comply with all effluent standards or prohibitions established under Section 307(a) of the CWA for toxic pollutants within

the time provided in the regulations that establish these standards or prohibitions, even if the permit has not yet been modified to incorporate

the requirement.

2. 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 a new permit at

least 180 days prior to expiration of the permit.

3. Duty to Mitigate

The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this permit, which has a reasonable likelihood of

adversely affecting human health or the environment.

4. Permit Actions

This permit may be modified, revoked and reissued, suspended, or revoked for cause. The filing of a request by the permittee for permit modification,

revocation and reissuance, or revocation, or a notification of planned changes or anticipated noncompliance, does not stay any permit condition.

5. Property Rights

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

6. Signatory Requirements

All applications, reports, or information submitted to the Director shall be signed and certified as required in Title 47, Series 10 , Section 4.6 of the West

Virginia Legislative Rules.

7. Transfers

This permit is not transferrable to any person except after notice to the Director. The Director 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.

8. Duty to Provide Information

The permittee shall furnish to the Director, within a reasonable specified time, any information which the Director may request to determine whether cause

exists for modifying, revoking and reissuing, suspending, or revoking this permit, or to determine compliance with this permit. The permittee shall also

furnish to the Director, upon request, copies of records required to be kept by this permit.

9. 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 the Director, it shall promptly submit such facts or information.

10. Inspection and Entry

The permittee shall allow the Director, or an authorized representative, upon the presentation of credentials and other documents as may be required by law,

to:

a) Enter upon the permittee's premises in which an effluent source or activity is located, or where records must be kept under 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), practices, or operations regulated or

required under this permit; and

d) Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the State Act, any

substances or parameters at any location.

11.Permit Modification

This permit may be modified, suspended, or revoked in whole or in part during its term in accordance with the provisions of Chapter 22-11-12 of the

Code of West Virginia.

12.Water Quality

Subject to 47 WV CSR 10.3.4.a, the effluent or effluents covered by this permit are to be of such quality so as not to cause violation of applicable water quality

standards.

13.Outlet Markers

A permanent marker at the establishment shall be posted in accordance with Title 47, Series 11, Section 9 of the West Virginia Legislative Rules.

14. Liabilities

a) Any person who violates a permit condition implementing sections 301, 302, 306, 307, 308, 318, or 405 of the Clean Water Act is subject to a

civil penalty not to exceed $25,000 per day of such violation. Any person who willfully or negligently violates permit conditions

implementing sections 301, 302, 306, 307, 308 or 405 of the Clean Water Act is subject to a fine of not less than $2,500 nor more than $25,000 per

day of violation, or by imprisonment for not more than 1 year, or both.

b) Any person who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required to be maintained under

this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than 2

years, or by both.

c) 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 noncompliance shall, upon conviction, be punished

by a fine of not more than $10,000 per violation, or by imprisonment for not more than 2 years, or by both,

d) Nothing in I.14 a), b), and c) shall be construed to limit or prohibit any other authority the Director may have under the State Water Pollution

Control Act, Chapter 22, Article 11.
II. OPERATION AND MAINTENANCE:

1. 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 compliance with the conditions of this permit Proper operation and maintenance also includes adequate

laboratory controls, and appropriate quality assurance procedures. Unless otherwise required by Federal or State law, this provision requires the operation

of back-up auxiliary facilities or similar systems which are installed by the permittee only when the operation is necessary to achieve compliance with the

conditions ofthe permit. For domestic waste treatment facilities, waste treatment operators as classified by the WV Bureau of Public Health Laws, W.Va.

Code Chapter 16-1, will be required except that in circumstances where the domestic waste treatment facility is receiving any type of industrial waste, the

Director may require a more highly skilled operator.

2. Need to Halt or Reduce Activity Not a Defense

It shall not be 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 the permit.

3.Bypass

a) Definitions

(1) "Bypass" means the intentional diversion of waste streams from any portion of a treatment facility; and

(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 resources which can reasonably be expected to occur in the absence

of a bypass. Severe property damage does not mean economic loss caused by delays in production.

b) Bypass not exceeding limitations. The permittee may allow any 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 provision of II.3.c) and II.3.d) of

this permit.

c) (1) If the permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten (10) days before the

date of the bypass;

(2) If the permittee does not know in advance of the need for bypass, notice shall be submitted as required in IV.2.b) of this permit.

d) Prohibition of bypass

(1) Bypass is permitted only under the following conditions, and the Director may take enforcement action against a permittee for a

bypass, unless;

(A) Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage;

(B) 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 should have been installed in the exercise of reasonable engineering judgement to prevent a bypass which

occurred during normal periods of equipment downtime or preventative maintenance; and

(C) The permittee submitted notices as required under II.3.c) of this permit.

(2) The Director may approve an anticipated bypass, after considering its adverse effects, if the Director determines that it will meet the

three conditions listed in II.3.d.(1) of this permit.

4. 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 beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent

caused by operational error, improperly designed treatment facilities, inadequate treatment facilities lack of preventative maintenance, or

careless or improper operation.

b) Effect of an upset. An upset constitutes an affirmative defense to an action brought for noncompliance with such technology-based permit

effluent limitation if the requirements of II.4.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 establish the affirmative defense of upset shall demonstrate,

through properly signed, contemporaneous operating logs, or other relevant evidence that:

(1) An upset occurred and that the permittee can identify the cause(s) of the upset;

(2) The permitted facility was at the time being properly operated;

(3) The permittee submitted notice of the upset as required in IV.2.b) of this permit.

(4) The permittee complied with any remedial measures required under I.3. of this permit.

d) Burden of proof. In any enforcement proceeding the permittee seeking to establish the occurrence of an upset has the burden of proof.

5. Removed Substances

Where removed substances are not otherwise covered by the terms and conditions of this permit or other existing permit by the Director, any solids, sludges,

filter backwash or other pollutants (removed in the course of treatment or control of wastewaters) and which are intended for disposal within the State,

shall be disposed of only in a manner and at a site subject to the approval by the Director. If such substances are intended for disposal outSide the State or for

reuse, i.e.,as a material used for making another product, which in turn has another use, the permittee shall notify the Director in writing of the proposed

disposal or use of such substances, the identity of the prospective disposer or users, and the intended place of disposal or use, as appropriate.
III. MONITORING AND REPORTING

1. Representative Sampling

Samples and measurements taken for the purpose of monitoring shall be representative of the monitored activity.

2. Reporting

a) Permittee shall submit, according to the enclosed format, a Discharge Monitoring Report (DMR) indicating in terms of concentration, and/or

quantities, the values of the constituents listed in Part A analytically determined to be in the plant effluent(s). DMR submissions shall be made

in accordance with the terms contained in Section C of this permit.

b) Enter reported average and maximum values under "Quantity" and "Concentration" in the units specified for each parameter, as appropriate.

c) Specify the number of analyzed samples that exceed the allowable permit conditions in the columns labeled "N.E." (i.e., number exceeding).

d) Specify frequency of analysis for each parameter as number of analyses/specified period (e.g.,3/month is equivalent to 3 analyses performed

every calendar month). If continuous, enter "Cont.". The frequency listed on format is the minimum required.

3. Test Procedures

Samples shall be taken, preserved and analyzed in accordance with the latest edition of 40 CFR Part 136, unless other test procedures have been specified

elsewhere in this permit.

4. Recording of Results

For each measurement or sample taken pursuant to the permit, the permittee shall record the following information.

a) The date, exact place, and time of sampling or measurement;

b) The date(s) analyses were performed;

c) The individual(s) who performed the sampling or measurement;

d) The individual(s) who performed the analyses; if a commercial laboratory is used, the name and address of the laboratory;

e) The analytical techniques or methods used, and

f) The results of such analyses. Information not required by the DMR form is not to be submitted to this agency, but is to be retained as required

in III.6.

5. Additional Monitoring by Permittee

If the permittee monitors any pollutant at any monitoring point specified in this permit more frequently than required by this permit, using approved test

procedures or others as specified in this permit, the results of this monitoring shall be included in the calculation and reporting of the data submitted in the

Discharge Monitoring Report Form. Such increased frequency shall also be indicated. Calculations for all limitations which require averaging of

measurements shall utilize an arithmetic mean unless otherwise specified in the permit.

6. Records Retention

The permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original 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 the perrnit,

for a period of at least three (3) years from the date of the sample, measurement, report or application. This period may be extended by request of the

Director at any time.

7. Definitions

a) "Daily discharge" means the discharge of a pollutant measured during a calendar day or within any specified period that reasonably represents

the calendar day for purposes of sampling. For pollutants with limitations expressed in snits 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 discharge

is calculated as the average measurement of the pollutant over the day.

b) "Average monthly discharge limitation" means the highest allowable average of daily discharges over a calendar month, calculated as the sum

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

c) "Maximum daily discharge limitation" means the highest allowable daily discharge.

d) "Composite Sample" is a combination of individual samples obtained at regular intervals over a time period. Either the volume of each

individual sample is proportional to discharge flow rates or the sampling interval (for constant volume samples) is proportional to the flow rates

over the time period used to produce the composite. The maximum time period between individual samples shall be two hours.

e) "Grab Sample" is an individual sample collected in less than 15 minutes.

f) "is" = immersion stabilization - a calibrated device is immersed in the effluent stream until the reading is stabilized.

g) The "daily average temperature" means the arithmetic average of temperature measurements made on an hourly basis, or the mean value plot of

the record of a continuous automated temperature recording instrument, either during a calendar month, or during the operating month if flows

are of shorter duration.

h) The "daily maximum temperature" means the highest arithmetic average of the temperatures observed for any two (2) consecutive hours during

a 24 hour day,or during the operating day if flows are of shorter duration.

i) The "monthly average fecal coliform" bacteria is the geometric average of all samples collected during the month.

j) "Measured Flow" means any method of liquid volume measurement, the accuracy of which has been previously demonstrated in engineering

practice, or which a relationship to absolute volume has been obtained.

k) "Estimate" means to be 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.

1) "Non-contact cooling Water" means the water that is contained in a leak-free system, i.e., no contact with any gas, liquid, or solid other than the

container for transport; the water shall have no net poundage addition of any pollutant over intake water levels, exclusive of approved antifouling agents.
IV. OTHER REPORTING

1. Reporting Spills and Accidental Discharges

Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities or

penalties established pursuant to Title 47, Series 11, Section 2 of the West Virginia Legislative Rules promulgated pursuant to Chapter 22, Article 11.

Attached is a copy of the West Virginia Spill Alert System for use in complying with Title 47, Series 11, Section 2 of the Legislative rules as they pertain

to the reporting of spills and accidental discharges.

2. Immediate Reporting

a) The permittee shall report any noncompliance which may endanger health or the environment immediately after becoming aware of the

circumstances by using the Agency's designated spill alert telephone number. A written submission shall be provided within five (5) days of

the time the permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance and its

cause; the period of noncompliance, including 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 recurrence of the noncompliance.

b) The following shall also be reported immediately:

(1) Any unanticipated bypass which exceeds any effluent limitation in the permit;

(2) Any upset which exceeds any effluent limitation in the permit; and

(3) Violation of a maximum daily discharge limitation for any of the pollutants listed by the Director in the permit to be reported

immediately. This list shall include any toxic pollutant or hazardous substance, or any pollutant specifically identified as the

method to control a toxic pollutant or hazardous substance.

c) The Director may waive the written report on a case-by-case basis if the oral report has been received in accordance with the above.

d) Compliance with the requirements of IV.2 of this section, shall not relieve a person of compliance with Title 47, Series 11, Section 2.

3. Reporting Requirements

a) Planned changes. The permittee shall give notice to the Director of any planned physical alterations or additions to the permitted facility ivhich

may affect the nature or quantity of the discharge. Notice is required when:

(1) The alteration or addition to a permitted facility may meet one of the criteria for determining whether a facility is a new source in

Section 13.7.bof Series 10, Title 47; or

(2) 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 the permit, nor to notification requirements under IV.2 of this

section.

b) Anticipated noncompliance. The permittee shall give advance notice to the Director of any planned changes in the permitted facility or activity

which may result in noncompliance with permit requirements.

c) In addition to the above reporting requirements, all existing manufacturing, commercial, and silvicultural discharges must notify the Director in

writing as soon as they know or have reason to believe:

(1) That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, or any toxic

pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels":

(A) One hundred micrograms per liter (100 ug/l);

(B) Two hundred micrograms per liter (200 ug/l) for acrolein and acrylonitrile; five hundred micrograms per liter (500 ug/l)

for 2,4-dinitro phenol; and for 2-methyl 4,6-dinitrophenol; and one milligram per liter (1 mg/l) for antimony;

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

Section 4.4.b.9of Series10, Title 47.

(D) The level established by the Director in accordance with Section 6.3.g of Series 10, Title 47;

(2) That any activity has occurred or will occur which would result in any discharge (on a non-routine or infrequent basis) of a toxic

which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels":

(A) Five hundred micrograms per liter (500 ug/l);

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

(C) Ten (10) times the maximum concentration value reported for that pollutant in the permit application in accordance with

Section 4.4.b.7of Series 10, Title 47;

(D) The level established by the Director in accordance with Section 6.3.g of Series 10, Title 47.

(3) That they have begun or expect to begin to use or manufacture as an intermediate or final product or by-product of any toxic

pollutant which was not reported in the permit application under Section 4.4.b.9of Series 10, Title 47 and which will result in the

discharge on a routine or frequent basis of that toxic pollutant at levels which exceed five times the detection limit for that pollutant

under approved analytical procedure.

(4) That they have begun or expect to begin to use or manufacture as an intermediate or final product or by-product of any toxic

pollutant which was not reported in the permit application under Section 4.4.b.9of Series 10, Title 47 and which will result in the

discharge on a non-routine or infrequent basis of that toxic pollutant at levels which exceed ten times the detection limit for that

pollutant under approved analytical procedure.

4. Other Noncompliance

The permittee shall report all instances of noncompliance not reported under the above paragraphs at the time monitoring reports are submitted. The

reports shall contain the information listed in IV.2.a). Should other applicable noncompliance reporting be required, these terms and conditions will be

found in Section C of this permit.
WRD 2A-82 STATE OF WEST VIRGINIA Final Limitations

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM Year Round

DISCHARGE MONITORING REPORT

FACILITY NAME: (Reserve Environmental Services LLC) RESERVE ENVIRONMENTA CERTIFIED LABORATORY NAME:

LOCATION OF FACILIT': WHEELING; Ohio County CERTIFIED LABORATORY ADDRESS:

PERMIT NO.: WV0116 241 OUTLET NO.: 001

WASTELOAD FOR THE MONTH OF: INDIVIDUAL PERFORMING ANALYSIS:

Quantity_ Other Units Mcasurement Sample

Parameter Units N.E. CEL* Units N.E. Frequency Type

50050 (ML-1) RF-B Reported

Flow,in Conduit or thru plant N/A N/A N/A Rpt Only Rpt Only N/A mgd 1/quarter Estimated

Year Round Permit Limits Avg. Monthly Max. Daily

00310 (ML-1) RF-B Reported

BoD, 5-Day 20 Deg.C N N/A Rpt Only Rpt Only N/A mg/l 1/quarter Grab

Year Round Permit LimitS Avg. Monthly Max. Daily

00530 (ML-1) RF-B Reported

Total Suspended Solids N/A Rpt Only Rpt Only N/A mg/I 1/quarter Grab

Year Round Permit LimitS Avg. Monthly Max. Daily

00400 (ML-1) RF-B Reported

pH N/A N/A Rpt Only N/A Rpt Only N/A S.U. 1/quarter Grab

Year Round Permit Limits inst. Min. Inst. Max.

00600 (ML-1) RF-B Reported

Nitrogen, Total (as N) N/A N/A N/A Rpt Only Rpt Only N/A mg/l 1/quarter Grab

Year Round Permit LimitS Avg. Monthly Max. Daily

01104 (ML-1) RF-B Reported

Aluminum, Total Recoverable N/A N/A N/A Rpt Only Rpt Only N/A mg/l 1/quarter Grab

Year Round Permit Limits Avg. Monthly Max. Daily

00940 (ML-1) RF-B Reported

Chloride (as CI) N/A N/A N/A Rpt Only Rpt Only N/A mg/l 1/quarter Grab

Year Round Permit LimitS Avg. Monthly Max. Daily

00951 (ML-1) RF-B Reported

Fluoride, Total N/A N/A N/A Rpt Only Rpt Only N/A mg/I 1/quarter Grab

Year Round Permit LimitS Avg. Monthly Max. Daily

* CEL = Compliance Evalual on Level

Name of Principal Executive Officer I certify under penalty of law that this document and all attachments were prepared Date Completed

unides lily datuullusi ùiaupefviölull its aCGoidaiaC6 voith a oyhtnaïs dò¿lýiind tù aë¿uió that

qualified personnel properly gather and evaluate the information submitted. Base_don Signature of Principal Executive Officer or

my inquiry of the person or persons who manage the system, or those persons directly .

Title of Officer responsible for gathering the information, the information submitted is, to the best of my Authonzed Agent

Iknc..icdge penalties and belief, true, accurate, and complete. I am aware that there are significant for submitting false information including the possibility of a fine and

imprisonment for knowing violations.
WRD 2A-82 STATE OF WEST VIRGINIA Final Limitations

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM Year Round

DISCHARGE MONITORING REPORT

FACILITY NAME: (Reserve Environmental Services LLC) RESERVE ENVIRONMENTA CERTIFIED LABORATORY NAME:

LOCATION OF FACILITY: WHEELING; Ohio County CERTIFIED LABORATORY ADDRESS:

PERMIT NO.: WV0116441 OUTLET NO.: 001

WASTELOAD FOR THE MONTH OF: INDIVIDUAL PERFORMING ANALYSIS:

._ .. . Quantity .___.__ Otoer Units.- Mcasurement Sample

Parameter Units N.E. CEL* Units N.E. Frequency Type

78141 (ML-1) RF-C Reported

Total Toxic Organics (TTo) N/A N/A N/A Rpt Only Rpt Only N/A mg/l 1/6 months Grab

Year Round Permit LimitS Avg. Monthly Max Daily

01045 (ML-1) RF-B Reported

Iron, Total (as Fe) N/A N/A N/A Rpt Only Rpt Only N/A mg/l 1/quarter Grab

Year Round Permit LimitS Avg. Monthly Max. Daily

81020 (ML-1) RF-B Reported

sulfate N/A Rpt Only Rpt Only N/A mg/l 1/quarter Grab

Year Round Permit LimitS Avg. Monthly Max. Daily

81017 (ML-1) RF-B Reported

Chem. Oxygen Demand N/A N/A N/A Rpt Only Rpt Only N/A mg/l 1/quarter Grab

Year Round Permit LimitS Avg. Monthly Max. Daily

00552 (ML-1) RF-B Reported

oil and Grease, Hexane EXTR. N/A N/A N/A Rpt Only Rpt Only N/A mg/I 1/quarter Grab

Year Round Permit LimitS Avg. Monthly Max. Daily

70298 (ML-1) RF-B Reported

Total Dissolved solids (TDS) N/A N/A N/A Rpt Only Rpt Only N/A mg/l 1/quarter Grab

Year Round Permit LimitS Avg. Monthly Max. Daily

82077 (ML-1) RF-B Reported

Radiation, Gross Alpha N/A N/A N/A Rpt Only Rpt Only N/A pCi/L 1/quarter Grab

Year Round Permit LimitS Avg. Monthly Max. Daily

03520 (ML-1) RF-B Reported

Radiation, Gross Beta N/A N/A N/A Rpt Only Rpt Only N/A pCi/L 1/quarter Grab

Year Round Permit LimitS Avg. Monthly Max. Daily

* CEL = Compliance Evaluai on Level

Name of Principai Executive Officer I certify under penalty of law that this document and all attachments were prepared Date Completed

unidos lify diteuliuti ui huisäiviöiùii iii aúüùidailue Willi a ¿yötálfs dáöiýiled 10 aööuin liial

qualified personnel properly gather and evaluate the information submitted. Based on

my inquiry of the person or persons who manage the system, or those persons directly SiugtnhatreedokPrinntcipal Executive Officer or

Title of Officer responsible for gathering the information, the information submitted is, to the best of my

knowledge and belief, true, accurate, and complete. I am aware that there are significant

penalties for submitting false information including the possibility of a fine and

imprisonment for knowing vioiations.
WRD 2A-82 STATE OF WEST VIRGINIA Final Limitations

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM Year Round

DiSCHARGE MONITORING REPORT

FACILITY NAME: (Reserve Environmental Services LLC) RESERVE ENVIRONMENTA CERTIFIED LABORATORY NAME:

LOCATION OF FACILIT": WHEELING; Ohio County CERTIFIED LABORATORY ADDRESS:

PERMIT NO.: WV0116e 41 OUTLET NO.: 001

WASTELOAD FOR THE MONTH OF: INDlVIDUAL PERFORMING ANALYSIS:

__ Quantity _ _____ _ _ . Otitet_Qniis_ .... Measurement Sample

Parameter Units N.E. CEL* Units N.E. Frequency Type

11503 (ML-1) RF-B Reported

Radium 226 and 228, Total N/A N/A N/A Rpt Only Rpt Only N/A pCi/L 1/quarter Grab

Year Round Permit LimitS Avg. Monthly Max. Daily

01082 (ML-1) RF-B Reported

Strontium, Total (as Sr) N/A N/A N/A Rpt Only Rpt Only N/A mg/I 1/quarter Grab

Year Round Permit LimitS Avg. Monthly Max. Daily

01132 (ML-1) RF-B Reported

Lithium, Total (as Li) N/A N/A N/A Rpt Only Rpt Only N/A mg/I 1/quarter Grab

Year Round Permit LimitS Avg. Monthly Max. Daily

71870 (ML-1) RF-B Reported

Bromide N/A N/A N/A Rpt Only Rpt Only N/A mg/l 1/quarter Grab

Year Round Permit LimitS Avg. Monthly Max. Daily

N/A

N/A

N/A

N/A

* CEL = Compliance Evaluation Level

Name of Principal Executive Officer I certify under penalty of law that this document and all attachments were prepared Date Completed

qualified personnei properly gather and evaluate the information submitted. Based on Signature of Principal Executive Officer or

my inquiry of the person or persons who manage the system, or those persons directly Authorized A ent

Title of Officer responsible for gathering the information, the information submitted is, to the best of my 9

knowledge and belief, true, accurate, and complete. I am aware that there are significant

penalties for submitting faise information inciuding the possibility of a fine and

imprisonment for knowing vioiations.
WV/NPDES Permit No.: WV0116441

NOTICE TO PERMIT TEES

The 1999 regular session of the West Virginia legislature revised the Water Pollution Control Act,

Chapter 22, Article 11, Section 10 of the Code of West Virginia relating to fees associated with permits.

This section of the Code requires all holders of a State water pollution control permit or a national

pollutant discharge elimination system permit to be assessed an annual permit fee, based upon rules

promulgated by the Secretary of the Department of Environmental Protection. The Secretary has

promulgated a final rule in accordance with the code revision to this effect and these rules were effective

May 4, 2000. The rules establish an annual permit fee based upon the relative potential to degrade the

waters of the State which, in most instances, relate to volume of discharge. However, for sewage facilities,

the annual permit fee is based upon the number of customers served by the facility. You may contact the

Secretary of State's Office, State Capitol Building, Charleston, WV 25305, to obtain a copy of the rules.

The reference is Title 47, Legislative Rules, Department of Environmental Protection, Division of Water

Resources, Series 26 Water Pollution Control Permit Fee Schedules.

Based upon the volume of discharge for which your facility is currently permitted, the number of

customers served by your facility or for the category you fall within, pursuant to Section 7 of Title 47,

Series 26, your annual permit fee is $500.00. This fee is due no later than the anniversary date of permit

issuance in each year of the term of the permit or in the case of coverage under a general permit, the fee is

due no later than the anniversary date of your coverage under the general permit. You will be invoiced by

this agency at the appropriate time for the fee. Failure to submit the annual fee within ninety(90) days

of the due date will render your permit void upon the date you are mailed a certified written notice to that

effect.
EMERGENCY RESPONSE SPILL ALERT SYSTEM

WEST VIRGINIA DEPARTMENT OF ENVIRONMENTAL PROTECTION

REQUIREMENTS:

Title 47, Series 11, Section 2 of the West Virginia Legislative Rules, Environmental Protection, Water

Resources - Waste Management, Effective July 1, 1994.

RESPONSIBILITY FOR REPORTING:

Each and every person who may cause or be responsible for any spill or accidental discharge of pollutants

into the waters of the State shall give immediate notification to the Division of Water and Waste Management's

Emergency Notification Number, 1-800-642-3074. Such notification shall set forth insofar as possible and as soon

thereafter as practical the time and place of such spill or discharge, type or types and quantity or quantities of the

material or materials therein, action or actions taken to stop such spill or discharge and to minimize the polluting

effect thereof, the measure or measures taken or to be taken in order to prevent a recurrence of any such spill or

discharge and such additional information as may be requested by the Division of Water and Waste Management.

This also applies to spills to the waters of the State resulting from accidents to common carriers by highway, rail and

water.

It shall be the responsibility of each industrial establishment or other entity discharging directly to a stream

to have available the following information pertaining to those substances that are employed or handled in its

operation in sufficiently large amounts as to constitute a hazard in case of an accidental spill or discharge into a

public stream:

(1) Potential toxicity in water to man, animals and aquatic life;

(2) Details on analytical procedures for the quantitative estimation of such substances in water and

(3) Suggestions on safeguards or other precautionary measures to nullify the toxic effects of a substance once it has

gotten into a stream.

Failure to furnish such information as required by Section 14, Article 11, Chapter 22, Code of West

Virginia may be punishable under Section 24, Article 11, Chapter 22, and/or Section 22, Article 11, Chapter 22,

Code of West Virginia.

It shall be the responsibility of any person who causes or contributes in any way to the spill or accidental

discharge of any pollutant or pollutants into State waters to immediately take any and all measures necessary to

contain such spill or discharge. It shall further be the responsibility of such person to take any and all measures

necessary to clean-up, remove and otherwise render such spill or discharge harmless to the waters of the State.

When the Diréâtor determines it necessary for the effective containment and abatement of spills and

accidental discharges, the Director may require the person or persons responsible for such spill or discharge to

monitor affected waters in a manner prescribed by the Director until the possibility of any adverse effect on the

waters of the State no longer exists.

VOLUNTARY REPORTING BY LAW OFFICERS, U. S. COAST GUARD, LOCK MASTERS AND

OTHERS:

In cases involving river and highway accidents where the responsible party may or may not be available to

report the incident, law officers, U. S. Coast Guard, Lock Masters and other interested person(s) should make the

report.

WHO TO CONTACT:

Notify the following number: 1-800-642-3074

INFORMATION NEEDED:

- Source of spill or discharge - Personnel at the scene

- Location of incident - Actions initiated

- Time of incident - Shipper/Manufacturer identification

- Material spilled or discharged - Railcar/Truck identification number

- Amount spilled or discharged - Container type

- Toxicity of material spilled or discharged
RIGHT OF APPEAL

Notice is hereby given of your right to appeal the terms and conditions

of this permit which you are aggrieved by to the Environmental Quality Board

by filing a NOTICE OF APPEAL on the form prescribed by such Board for

this purpose, with the Board, in accordance with the provisions of Section 21,

Article 11, Chapter 22 of the Code of West Virginia within thirty (30) days

after the date of receipt of the above permit.
STATEOFWESTVIRGINIA

DIVISION OFENVIRONMENTALPROTECTION

DIVISION OFWATERANDWASTEMANAGEMENT

BASISFORLIMITATIONS

Reserve Environmental Services, LLC

WV00116441

Reserve Environmental Services (RES) proposes to treat wastewater from natural gas well drilling and

development operations. The facility reported SIC 1389 (Oil and Gas Field Services, Not Elsewhere

Classified) in the permit application. The permit application indicates that RES will receive drilling and

development wastewater and treat the wastewater for return back to the natural gas well drilling

companies or others in the case of surplus. The proposed discharge from the facility is storm water runoff

only.

General Information

Sources of water: Natural Gas Well Drilling well drilling and development water

Discharge Location/Basin:

(Outlet 001 - storm water runoff only)

Wheeling Creek, a tributary of the Ohio River

Estimated flow - 0.0037 MGD

Antidegradation

Since the facility proposes to discharge storm runoff only, Tier I protection is provided.

Compliance evaluation

N/A - Proposed Facility

Outlet 001 (stormwater)

Flow -- Monitor (BPJ) - This discharge is storm water and thus variable in nature. Monitoring is

proposed to generate a database.

Parameters of concern include pollutants detected in elevated concentrations in raw water samples from

well drilling development wastewater accepted by the proposed facility and/or similar facilities previously

permitted by the agency. Monitoring will ensure proposed BMPs are followed and will generate a

database for comparison with stormwater benchmarks.

Other Requirements

Due to the nature of the raw wastewater accepted by the permittee and its potential to contain either

Technically Enhanced Naturally Occurring Radiological Material (TENORM) or Source Material (SM)

Section C.21 has been added to the permit. TENORM is regulated by the West Virginia Department of

Human Health (WVDHH) per 64 CSR 23 and SM (uranium and thorium) is regulated by the Nuclear

Regulatory Commission. This requirement requires approval by either respective regulatory authority

prior to receiving, possessing, using, transferring, or delivering either TENORM or SM. In addition, the

permit requires yearly radiation surveys (Section C.22) to verify that accumulation of scale and waste

management activities do not result in environmental impacts.
Regular Addition

NPDES Permit Rating Work Sheet Discretionary Addition

scorechange,butno

NPDESNo.:WIV O 1 1 6 4 4 1 statuschange

Deletion

Facility Name:

R|e|sjejr v e E n v i r o n m e n t a I S e r v i c e s

City: | W| h | e e i i n g

Receiving Water: W h e e I i n g C r e e k

Reach Number: 0 5 0 3 0 1 0 6

is thisfacility a steam electric power piant (SiC=4911) is this permit for a municipai separate storm sewer

with one or more of thefoiiowing characteristics? serving a popuiation greater than100,000?

1. Power output 500 MW or greater (not using a cooling pond/lake)

2.A nuclear power plant Yes; score is 700 (stop here)

3. Cooling water discharge greater than 25% of the receiving stream's 7010 flow rate No

Yes; score is 600 (stop here) No (Continue)

FACTOR 1: Toxic Pollutant Potential

PCS SIC Code: 1 3 8 9 Primary SIC Code: | 1| 3 | 8 | 9 |

Other Sic Codes: | | | | | | | | | | | | | | |

Industrial SubCategory Code: | 0 0 | 0 | (Code 000 if no category) 40 CFR CFR Subpart (if applicable)

Determine the Toxicity potential from Appendix A. Be sure to use the Total toxicity potential column and check one

Toxicity Group Code Points Toxicity Group Code Points Toxicity Group Code Points

No process 0 0 3. 3 15 7. 7 35

wastestreams 4. 4 20 8. 8 40

61.2. 12 105 5. 6. 56 2530 9. 10. 109 4550

Code Number Checked:| 0 | 0 |

Total Points Factor 1:| 0 | 0 |

FACTOR 2: Flow/Stream Flow Volume (complete either Section A or Section B; check only one)

Section A - Wastewater Flow Only Considered Section B - Wastewater and Streamflow Considered

Wastewater Type Code Points Wastewater Type Percent of instream Code Points

(See Instructions) (See Instructions) Wastewater ConcenType 1: Flow < 5 MGD 11 0 tration at Receiving

NCCW Flow 5 to 10 MGD 12 10 Stream Low Flow

Flow >10 to 50 MGD 13 20

Flow >50 MGD 14 30 Type l/lil: <10 % 41 0

>=10%to<=50% 42 10

Typell: Flow<1MGD 21 10 >=50% 43 20

Process Flow1to5MGD 22 20

CCW Flow>5to10MGD 23 30

Flow >10 MGD 24 50 Type ll: < 10 % 51 0

>=10%to<=50% 52 20

Type Ill: Flow < 1 MGD 31 0 >= 50 % 53 30

Other Flow1to5MGD 32 10

SW Runoff Flow >5 to 10 MGD 33 20

Flow >10 MGD 34 30

Code Number Checked:| 3 | 1 |

Total Points Factor 2:| 0 | 0 |
NPDESPermitRatingWorkSheet

FACTOR 3: Conventional Pollutants NPDES No.: W V 0 1 | 1 I 6 4 4 1

(only when limited by the permit)

A.Oxygen Demanding Pollutant (check one): (BOD COD Other:

Code Points

Permit Umits (check one) X <100 lbds/day 1 0

100 to 1000 lbs/day 2 5

>1000 to 3000 lbs/day 3 15

> 3000 lbs/day 4 25

Code Number Checked: 0 1

Points Scored: 0 0

B.Total Suspended Solids (check one):

Code Points

Permit Limits (check one) < 100 lbds/day 1 0

100 to 1000 lbs/day 2 5

>1000 to 5000 ibs/day 3 15

> 5000 1bs/day 4 20

Code Number Checked: 0 1

Points Scored: 0 0

C.Nitrogen Pollutants (check one): Ammonia 00ther:

Code Points

Permit Limits (Check one) X < 300 lbds/day 1 0

300 to 1000 lbs/day 2 5

>1000 to 3000 lbs/day 3 15

> 3000 lbs/day 4 25

Code Number Checked: 0 1

Points Scored: 0 0

Total Points Factor 3: 0 0

FACTOR 4: Public Health Impact

is there a public drinking water supply located within 50 miles downstream of the effluent discharge (this includes any body of water to which

the receiving stream is a tributary)? A public water supply may include infiltration galleries, or other methods of conveyance that ultimately get

water from the above referenced supply.

X Yes (if yes, check toxicity potential number below)

No (if no, go to Factor 5)

Determine the human health toxicity potential from Appendix A.Use the same SiC code and subcategory references as in Factor 1.(Be sure to

use the human health toxicity group column - check one below)

Toxicity Group Code Points Toxicity Group Code Points Toxicity Group Code Points

No process 0 0 } 3. 3 0 7. 7 15

6 wastestreams _ 4. 4 0 8. 8 20

. 1 0 5. 5 5 9. 9 25

. 2 0 } 6. 6 10 10. 10 30

Code Number Checked: 0 0

Total Points Factor 4: 0 0
NPDES Permit Rating Work Sheet

FACTOR 5: Water Quality Factors NPDES No.: | W| V O 1 1 6 4 4 1

A. Is (or will) one or more of the effluent discharge limits based on water quality factors of the receiving stream (rather than technology-based

federal guidelines, or technology-based state effluent guidelines); or has a wasteload allocation been assigned to the discharge?

Code Points

Yes 1 10

No 2 0

B.Is the receiving water in compliance with applicable water quality standards for pollutants that are water quality limited in the permit?

Code Points

Yes 1 0

No 2 5

C.Does the effluent discharged from this facility exhibit the reasonable potential to violate water quality standards due to whole effluent toxicity?

Code Points

Code Number Checked: A: B: } C:

Total Points Factor 5: A: 0 0 | B: | 0 0 | C: 0 0 = | 0 0 |Total

FACTOR 6: Proximity to Coastal Waters

A. Base Score: Enter Flow Code Here (from Factor 2): | 3 1 | Enter the multiplication factor that corresponds to

the flow code: | 0 | 0 | 0 |

Check appropriate facility HPRI Code (from PCS): | 0 4 |

HPRI # Code HPRI Score Flow Code Multiplication Factor

1 1 20 11,31, or 41 0.00

2 2 0 12,32, or 42 0.05

3 3 30 13,33, or 43 0.10

X 4 4 0 14 or 34 0.15

5 5 20 21 or 51 0.10

22 or 52 0.30

HPRI code checked: 23 or 53 0.60

24 1.00

Base Score: (HPRI Score) 0 0 x (Multiplication Factor) O. 0 0 = 0 (Total Points)

B.Addiitonal Points - NEP Program C.Additional Points - Great Lakes Area of Concern

For a facility that has an HPRI Code of 3, does the facility For a facility that has an HPRI Code of 5, does the facility

discharge to one of the estuaries enrolled in the National discharge any of the pollutants of concern into one ofthe

Estuary Protection (NEP) program (see instructions) or Great Lakes' 31areas of concern (see instructions)?

the Chesapeake Bay?

Code Points Code Points

Yes 1 10 Yes 1 10

No 2 0 No 2 0

Code Number Checked: A: B: C: å

Totai Points Factor 5: A: 0 0 | B: 0 0 I C: | 0 0 = I O O Total
NPDES Permit Rating Work Sheet

SCORE SUMMARY NPDES No.: W V O 1 1 6 4 4 1

Factor Description Total Points

1 Toxic Pollutant Potential 0 0

2 Flow/Stream Flow Volume 0 0

3 Conventional Pollutants 0 0

4 Pubilic Health impacts 0 0

5 Water Quality Factors 0 0

6 Proximity to Near Coastal Waters 0 0

TOTAL (Factors 1through 6) 0 0 0

S1. Is the total score equal to or greater than 80? QYes (facility is a major) No

S2.If the answer to the above question is no, would you like this facility to be a discretionary major?

YNeos(Add 500 points to the above score and provide reason below):

Reason:

NEW SCORE: 0 0 0

OLD SCORE: /Å

Pe It Re ewer's Name

Phone Number

Date