Need to return call by / at/between and . Signature:

Project No.: 0317.02.005.510 Page 1 of 3

Project Name: DMR2013 CBI?

Yes

No

TELEPHONE CALL RECORD

Incoming

Outgoing

Date: 02/13/15 Time: 12:30 am

pm

Company Name: EPA Region 2 ERG Staff Name: Kimberly Bartell

Contact Name: Murray Lantner Contact Phone Number: (212) 637-3976

General Subject: 2013 DMR Discharges for Bacardi Corp

TOPICS DISCUSSED AND ACTION TAKEN

Bacardi Corp, Catano, PR (PR0000591) – Misc Foods and Beverages

Sulfide discharges for outfall 001

Puerto Rico Contacts:

Stephen Venezia – EPA R2 (venezia.stephen@epa.gov, permitting authority for Puerto Rico): 212-637-3856

Murray Lantner: 212-637-3976, lantner.murray@epa.gov

On February 20, I called Mr. Lantner about the Bacardi facility. He stated that he is more than willing to have a 

call with us to discuss the discharges next week on Mon (2/23) or Fri (2/27). 

On February 23, at 1:15pm we had the following conference call with Mr. Lantner:

ERG: Kim Bartell, Liz Gentile

EPA EAD: Bill Swietlik

EPA R2: Murray Lantner

Mr. Lantner stated that not much has changed in the way wastewater discharges are handled at this facility in 

many years. The facility’s fact sheet describes that the wastewater at the facility has a lot of dilution with 

wastewater from treatment plants before discharge to the Atlantic Ocean. The facility discharges around 1-2 

MGD and mixes with 100 MGD before final discharge. The facility’s sulfide limits are based on water quality 

standards. The facility makes rum and sulfur is present in the molasses. The facility has a chemical system to 

remove sulfur from wastewater after distillation, but prior to an anaerobic digester. The wastewater goes 

through the anaerobic digester and then discharges through a diffuser to the Atlantic Ocean. 

The facility is under a consent decree from 2006. The Environmental Quality Board in Puerto Rico is looking to 

work with R2 to close out the consent decree. 

Mr. Lantner also suggested looking at the Diageo facility in Saint Croix of the Virgin Islands to see what sulfide 

discharges they have since they also make rum. 

See email communication below with Mr. Lantner and attached documents. 
Need to return call by / at/between and . Signature:

Email Communication with EPA Region 2 – Murray Lantner

From: lantner.murray@epa.gov

To: Kimberly Bartell

CC: Elizabeth Gentile, William Swietlik

Date: 2/23/15 1:56 PM

Subject: Bacardi Permit

Good speaking with you all today I’ve attached what I have in terms of current permits and some other background 

documents.

The Application Form 2C provices information on what processes contribute wastewater.

Karen can you double check that I sent the ERG contacts the most up to date Bacardi Fact Sheet, specifically they are 

interested in the how the Sulfide limit was developed.

Attachments: 

 Bacardifactsheet_draft_nov)7.pdf

 FinalBacardiMod_5_20_12.pdf

 Bacardi Final Permit.pdf

 BacardiMod-StatBasis.pdf

 Bacardi Corporation – Application Form 2C (Revised).pdf

Murray Lantner, P.E., Environmental Engineer

Compliance Section

EPA Region 2, Water Compliance Branch

290 Broadway, 20th Floor

New York, NY 10007

(212) 637-3976 (Office)

(212) 637-3953 (Fax)

Email: Lantner.Murray@epa.gov

From: lantner.murray@epa.gov

To: Kimberly Bartell

CC: Elizabeth Gentile, William Swietlik

Date: 2/23/15 11:59 AM

Subject: RE: Call to Discuss DMR Discharges for Bacardi Corp

Kimberly:

I can speak at 1:15 PM today.

Should I call you at that 517 number at that time?

Murray Lantner, P.E., Environmental Engineer

Compliance Section

EPA Region 2, Water Compliance Branch

290 Broadway, 20th Floor

New York, NY 10007

(212) 637-3976 (Office)

(212) 637-3953 (Fax)

Email: Lantner.Murray@epa.gov

From: Kimberly Bartell

To: lantner.murray@epa.gov
Need to return call by / at/between and . Signature:

CC: Elizabeth Gentile, William Swietlik

Date: 2/20/15 2:30 PM

Subject: Call to Discuss DMR Discharges for Bacardi Corp

Mr. Lantner:

Thank you for your time on the phone today. As discussed, Eastern Research Group, Inc. (ERG) is a contractor for EPA 

Office of Water, Engineering and Analysis Division (EAD). We would like to set up a call with you to discuss sulfide 

discharges from Bacardi Corporation in Catano, PR (PR0000591). 

As background, EPA EAD reviews publicly-available DMR and TRI data to fulfill its review obligation under the Clean 

Water Act. The CWA requires EPA to annually review and, if appropriate, revise its water pollution control technologybased regulations (effluent guidelines), that limit the discharge of pollutants to waters of the U.S. from various categories 

of industrial facilities. EAD is currently conducting its 2015 annual review of existing effluent guidelines and potential 

industrial guidelines which may need to be included (see http://www.epa.gov/guide/304m/ for further information). EAD 

will discuss this review and the results in its 2015 Effluent Guidelines Program Plan scheduled for publication in the 

Federal Register sometime in 2015 or 2016. As part of the 2015 annual review, EAD is evaluating the data in discharge 

monitoring reports from 2013.

We would like to discuss wastewater discharge practices at the Bacardi facility with you, specifically focusing on sulfide 

discharges. We are free at the following times on Monday and Friday of next week. Please let us know what day and time 

work best for you. 

Monday (2/23) from 1 to 2pm

Friday (2/27) from 9 am to 12 pm

Please call me at (517) 515-1721 if you have any questions. If you would like to speak directly with EAD regarding this 

request, you can contact William F. Swietlik of EPA's Office of Water/Engineering Analysis Division by phone at (202) 

566-1129 or by email: swietlik.william@epa.gov.

Thank you!

Kim

--------------------------------------

Kimberly D. Bartell

Environmental Engineer

Eastern Research Group, Inc.

kimberly.bartell@erg.com

Phone: 517-515-1721
Name of Preparer: Karen O’Brien Permit No. PR0000591 

Date: November 8, 2007 Page 1 of 3 Pages 

UNITED STATES 

ENVIRONMENTAL PROTECTION AGENCY 

REGION II 

290 Broadway 

New York, New York 10007 

STATEMENT OF BASIS 

DRAFT NPDES PERMIT TO DISCHARGE 

INTO THE WATERS OF THE UNITED STATES 

NPDES No.: PR0000591 

Name and Address of Applicant: 

Bacardi Corporation 

PO Box 363549 

San Juan, Puerto Rico 00936 - 3549 

hereinafter referred to as "the permittee" is authorized to discharge from a facility 

located at 

Bacardi Corporation 

State Road No. 165, Km 2.6 

Industrial Area 

Cataño, Puerto Rico 00632 

to receiving waters named: 

Atlantic Ocean 

Classification: SC 

I. LOCATION OF DISCHARGE

The above named applicant has applied for a National Pollutant Discharge Elimination 

System (NPDES) permit, to the U.S. Environmental Protection Agency (EPA) to 

discharge into the designated receiving water. The location of the discharge, Outfall 001, 

is described by the following U.S.G.S. coordinates: 

Outfall latitude longitude. 

001 18° 27' 59" 66o 09' 30" 

 

A map showing the location of the facility is in Attachment I. 
Name of Preparer: Karen O’Brien Permit No. PR0000591 

Date: November 8, 2007 Page 2 of 3 Pages 

II. DESCRIPTION OF APPLICANT’S FACILITY AND DISCHARGE 

The permittee is engaged in the production of ethyl alcohol in the form of rum (SIC No. 

2085). This rum is produced by the fermentation and distillation of molasses. The facility 

currently operates at a maximum production rate of approximately 115,000 proof gallons 

per day, with an average production rate of approximately 83,600 proof gallons per day. 

Within the last three years the permittee has modified the production process to extract 

more product from the raw molasses. The permittee included in its application the 

intention to increase production within the term of this NPDES permit to approximately 

128,700 proof gallons per day. 

The flow of Bacardi discharge 001 is tied into a combined outfall which discharges 3,600 

feet off shore. This outfall discharges effluent to the Atlantic Ocean from the Bayamón 

Regional Wastewater Treatment Plant (RWWTP), the Puerto Nuevo RWWTP and the 

Bacardi Facility. The outfall system is owned and operated by the Puerto Rico Aqueduct 

and Sewerage Authority (PRASA) to dispose of treated effluents from the Bayamón and 

Puerto Nuevo RWWTPs. The Bayamón RWWTP and Puerto Nuevo RWWTP are 

municipal sewage treatment plants operated by the PRASA and their discharges are 

regulated by separate NPDES permits. The Atlantic Ocean is classified as SC water by 

the Puerto Rico Water Quality Standards Regulation (PRWQS). The receiving water has 

been classified SC by the Environmental Quality Board (EQB) of the Commonwealth of 

Puerto Rico. A detailed description of the type and quantity of pollutants which are to be 

discharged is listed in the draft Permit. 

The PRASA Bayamón and Puerto Nuevo RWWTPs have been granted a waiver from 

Secondary Treatment Requirements under Section 301(h) of the Clean Water Act. A 

renewal of this waiver is included as part of the current renewal of the NPDES permits 

for those facilities. The EPA Decision Document for the proposed granting of a waiver 

under Section 301(h) of the Clean Water Act is included as part of the administrative 

record for the draft permits for the PRASA Puerto Nuevo and Bayamón facilities. 

III. DESCRIPTION OF LIMITATIONS AND CONDITIONS

A brief summary of the effluent limitations, monitoring requirements and other 

conditions of the draft permit are described in Attachment II. 

IV. STATE CERTIFICATION REQUIREMENTS

State Certification requirements, based upon a final Water Quality Certificate (WQC) 

issued by the EQB dated June 12, 2007, are described in Attachment III. Review and 

appeals of limitations and conditions attributable to this certification shall be made 

through the applicable Commonwealth procedures and may not be through EPA 

procedures. 
Name of Preparer: Karen O’Brien Permit No. PR0000591 

Date: November 8, 2007 Page 3 of 3 Pages 

V. ENVIRONMENTAL JUSTICE

EPA has performed an Environmental Justice Evaluation for this permit action. 

The analysis is included as Attachment VI. 
Name of Preparer: Karen O’Brien Permit No. PR0000591 

Date: November 8, 2007 Page 4 of 3 Pages 

VI. PROCEDURES FOR REACHING A FINAL DECISION ON THE DRAFT 

PERMIT

These procedures, which are set forth in 40 CFR Part 124, are described in the public 

notice of preparation of this draft permit. Included in the public notice are requirements 

for the submission of comments by a specified date, procedures for requesting a hearing 

and the nature of the hearing, and other procedures for participation in the final agency 

decision. 

 

VII. EPA CONTACT

Additional information concerning the draft permit may be obtained between the hours of 

8:00 A.M. and 4:30 P.M., Monday through Friday from: 

Walter E. Andrews, Chief 

Water Programs Branch 

U.S. Environmental Protection Agency, Region II 

290 Broadway, 24th Floor 

New York, New York 10007 

(212) 637 3876 

Carl Axel Soderberg, Director 

US Environmental Protection Agency, Region II 

Caribbean Environmental Protection Division-EDIF Centro Europa Apt. 417 

San Juan, Puerto Rico 00907 4127 

(787) 729 6951 

 

 
Name of Preparer: Karen O’Brien Permit No. PR0000591 

Date: November 8, 2007 Page 1 of 3 Pages 

ATTACHMENT II

DESCRIPTION OF LIMITATIONS AND CONDITIONS

The effluent limitations, monitoring requirements, and other conditions of this permit are 

described in the draft permit. The effluent limitations in the permit are equivalent to the 

most stringent values specified in the applicable technology based guidelines or water 

quality based limitations. The anti-backsliding decisions are made in accordance with the 

EPA Region II Antibacksliding Policy. 

Water Quality-Based Limits 

Discharge Outfall 001: Treated process, sanitary, utility, and miscellaneous wastewater. 

The effluent limitations listed in Table A-1 for Arsenic; five-day Biochemical Oxygen 

Demand (BOD5); Cadmium; Color; Copper; Dissolved Oxygen; Enterococci; Fecal 

Coliforms; Flow; Lead; Mercury; Nickel; Nitrogen; Oil and Grease; pH; Solids and 

Other Matter; Sulfide (undissociated H2S); Surfactants as Methylene Blue Activate 

Substances (MBAS), Suspended, Colloidal or Settleable Solids; Taste and Odor 

Producing Substances; Temperature; Total Coliforms; Thallium; Turbidity; Zinc and 

Special Conditions 1 through 18 are as imposed in the final Water Quality Certificate 

(WQC) issued by the the Puerto Rico Environmental Quality Board (EQB), dated June 

12, 2007. 

The WQC was issued by the EQB for the purpose of assuring compliance with EQB's 

water quality standards and compliance with other appropriate requirements of 

Commonwealth law as provided by Section 401(d) of the Clean Water Act. The 

permittee, in a joint request with the Puerto Rico Aqueduct and Sewer Authority 

(PRASA) requested a mixing zone for the combined outfall from the Bacardi, and 

PRASA Puerto Nuevo and Bayamón facilities. 

Water quality-based Effluent limitations included in the WQC incorporate the revised 

Critical Initial Dilution (CID) factor of one hundred and four (104) that was presented in 

the Mixing Zone Application for the Bayamón/Puerto Nuevo Regional Wastewater 

Treatment Plants and Bacardi Corporation Wastewater Treatment Plant Outfall System 

(March 2006). Where are there instances of a less stringent water quality based 

limitation than in the previous permit, it is the result of the calculation based on the 

approved mixing zone, and what discharge is allowable without causing or contributing 

to a violation of water quality standards at the edge of the mixing zone. 

Suspended, Colloidal, or Settleable Solids

A footnote (#) was added in Table A 1 under the parameter Suspended, Colloidal, or 

Settleable Solids to clarify that testing for these parameters should be conducted for 

Settleable Solids. 
Name of Preparer: Karen O’Brien Permit No. PR0000591 

Date: November 8, 2007 Page 2 of 3 Pages 

Special Conditions:

Special Conditions were included as written in the final water quality certificate issued by 

the Puerto Rico EQB dated June 12, 2007, with the following additions/clarifications: 

 

Special Condition 5: Sulfide (Undissociated H2S)

The WQC issued by EQB includes an effluent limitation and monitoring requirement for 

sulfide (undissociated H2S). The WQC does not specify an analytical method for H2S in 

Special Condition No. 5 of the WQC which requires that the analytical method which 

achieves the lowest possible detection level must be utilized. EPA has included footnote 

@ for sulfide in Table A.1 which specifies a particular methodology, as well as a 

clarification to Special Condition No. 5. 

Special Condition 19: Whole Effluent Toxicity

EPA has included an effluent limitation for Whole Effluent Toxicity (WET) for the 

combined discharge of the Bacardi, and PRASA Bayamón and Puerto Nuevo wastewater 

treatment facilities. WET monitoring requirements have also been included for the 

combined discharge and the discharge 001 from the Bacardi facility. Similar monitoring 

requirements have been incorporated into the NPDES permits for the PRASA Bayamón 

and Puerto Nuevo facilities. A detailed discussion of WET requirements is included as 

Attachment IV to this fact sheet. 

Technology-Based Limits 

Discharge Outfall 002:

The limitations for mass loading of BOD5 and TSS from the previous permit have been 

revised, as has the percent removal requirement for BOD loading. An explanation of the 

modified limitations is included in Attachment V to this fact sheet. 

Discharge Outfalls 003 & 004:

BOD5 - The 30 day average effluent limitation and the 30 day average percent removal 

limitation in the draft permit are technology based BCT (Best Conventional Pollutant 

Control Technology) limits based on Best Professional Judgement (BPJ) using the 

Effluent Limitations Guidelines (ELG) for secondary treatment described in 40 CFR 

§133.102(a)(1) and (3), respectively. These limitations are equal to or more stringent 

than the existing NPDES permit in accordance with the antibacksliding requirements in 

40 CFR § 122.44(l). The Daily Maximum limitation is based on the water quality-based 

limitation of 5.0 mg/l, which is more stringent than the technology-based 7-day average 

limit of 45.0 mg/l. Both the 30-day average limit and the daily maximum limit are 

included to ensure compliance with secondary treatment requirements. 
Name of Preparer: Karen O’Brien Permit No. PR0000591 

Date: November 8, 2007 Page 3 of 3 Pages 

 

Total Suspended Solids - The 30 day average and 7 day average effluent limitations and 

the 30 day average percent removal limitation are technology based BCT (Best 

Conventional Pollutant Control Technology) limits based on Best Professional 

Judgement (BPJ) using the Effluent Limitations Guidelines (ELG) for secondary 

treatment described in 40 CFR § 133.102(b)(1) and (3), respectively. These limitations 

are equal to or more stringent than the existing NPDES permit in accordance with the 

antibacksliding requirements in 40 CFR § 122.44(l).

Permit Expiration: This permit is being issued for a term of five years. 

General Conditions: These conditions apply to all permits as required by 40 CFR Part 

122.41. 
Félix Mateo, P.E. 

Bacardí Corporation 

NPDES No. PR0000591 

Page 1 

ATTACHMENT III 

RETURN RECEIPT REQUESTED 

Félix Mateo, P.E. 

Environmental Director 

Bacardí Corporation 

P.O. Box 363549 

San Juan, Puerto Rico 00936-3549 

Dear engineer Mateo: 

Re: Water Quality Certificate and Authorization of 

 a Mixing Zone (MZ) and a Compliance Plan 

 Bacardí Corporation 

 State Road No. 165, Km 2.6 

 Industrial Area 

 Cataño, Puerto Rico 

 NPDES No. PR0000591 

We have received and reviewed the application for a permit under Section 402, National 

Pollutant Discharge Elimination System (NPDES) of the Federal Clean Water Act as 

amended (33 U.S.C. 466 et. seq.) (the Act) for the referenced plant. Also, we have 

received and reviewed a request to obtain Water Quality Certificates (WQCs), submitted 

by the Puerto Rico Aqueduct and Sewer Authority (PRASA) and the Bacardí 

Corporation (Bacardí). In addition PRASA and Bacardí submitted an application for 

the definition and authorization of a Mixing Zone and the approval of Compliance 

Plans, for the combined discharge of the Puerto Nuevo and Bayamón Regional 

Wastewater Treatment Plants and of Bacardí, pursuant Articles 5 and 6 of the Puerto 

Rico Water Quality Standards Regulation (PRWQSR), as amended. 

Pursuant to Section 401 (a) (1) of the Act, after due consideration of the applicable 

provisions established in the PRWQSR and in Sections 208(e), 301, 302, 303, 304(e), 

306 and 307 of the Act, it is certified that there is reasonable assurance as determined by 

the Environmental Quality Board (EQB) that the alluded discharge will not cause 
Félix Mateo, P.E. 

Bacardí Corporation 

NPDES No. PR0000591 

Page 2 

violations to the applicable water quality standards at the receiving water body, if the 

limitations and monitoring requirements on Tables A-1, A-2 and A-3 are met. The 

conditions specified in the aforementioned tables shall be incorporated into the NPDES 

permit in order to satisfy the provisions of Section 301 (b) (1) (C) of the Act. 

If you have any objection to the WQC, you have the right to request a reconsideration 

to EQB within the statutory period (twenty (20) calendar days from the date that the 

WQC is received). 

This Agency reserves the right to comment at a later date concerning other 

environmental aspects of the discharge. 

Angel O. Berrios Silvestre, P.E. Eugene Scott Amy, Esq. 

Associate Member Vice Chairman 

 

 

Carlos W. López Freytes, Esq. 

Chairman 

NV/dcc 

c: Walter Andrews, EPA-Region II 

 Jeffrey Gratz, EPA-Region II 

G:\División Permisos Fuentes Precisadas\WORD\Nivia\cca\WQC_Bacardi_PR0000591.doc 
SPECIAL CONDITIONS 

NPDES No. PR0000591 

These special conditions are an integral part of the Water Quality Certificate (WQC) and shall 

be incorporated into the NPDES permit in order to satisfy the provisions of Section 

301(b)(1)(C) of the Federal Clean Water Act (CWA) as amended (33 U.S.C. 466 et. seq.): 

1. The flow of discharge 001 shall not exceed the limitation of 7,570.80 m3/day (2.0 

MGD) as daily maximum. No increase in flow shall be authorized without a 

recertification from the Puerto Rico Environmental Quality Board (EQB). 1,4,5

2. No toxic substances shall be discharged, in toxic concentrations, other than those 

allowed as specified in the NPDES permit. Those toxic substances included in the 

Permit Renewal Application, but not regulated by the permit, shall not exceed those 

concentrations as specified in the applicable regulatory limitations. 1,2

3. The samples taken for the analysis of cyanide and mercury shall be analyzed using the 

analytic method approved by the Environmental Protection Agency (EPA) with the 

lowest possible detection level, in accordance with Section 6.2.3 of the Puerto Rico 

Water Quality Standards Regulation (PRWQSR), as amended. 4 

4. All sample collection, preservation, and analysis shall be carried out in accordance 

with the Code of Federal Regulation (CFR) Number 40, Part 136. A licensed chemist 

authorized to practice the profession in Puerto Rico shall certify all chemical analyses. 

All bacteriological tests shall be certified by a licensed microbiologist or a medical 

technician authorized to practice the profession in Puerto Rico. 1,3

5. The permittee shall use the approved EPA analytical method, with the lowest possible 

detection limit, in accordance with the 40 CFR Part 136 for Sulfide (as S). Also, the 

permittee shall complete the calculations specified in Method 4500-S-2 F, Calculation of 

Un-ionized Hydrogen Sulfide, of Standards Methods 18th Edition, 1992, to determine 

the concentration of undissociated H2S. If the sample results of Dissolved Sulfide are 

below the detection limit of the approved EPA method established in the 40 CFR Part 

136, then, the concentration of undissociated H2S should be reported as “below 

detection limit”. 2,3

6. The solid wastes (sludge, screenings and grit) generated due to the treatment system 

operation shall be: 

a. Disposed in compliance with the applicable requirements established in the 40 

CFR, Part 257. A semiannual report shall be submitted to EQB and EPA 

notifying the method or methods used to dispose the solid wastes generated in 
Special Conditions 

NPDES No. PR0000591 

Page 2 

the facility. Also, copy of the approval or permit applicable to the disposal 

method used shall be submitted, if any. 

b. Transported adequately in such way that access is not gained to any body of 

water or soil. In the event of a spill of solid waste on land or into a body of 

water, the permittee shall notify the Point Sources Permits Division of EQB’s 

Water Quality Area in the following manners: 

1) By telephone communication within a term no longer than twenty four (24) 

hours after the spill (787-767-8073). 

2) By letter, within a term no longer than five (5) days after the spill. 

 These notifications shall include the following information: 

a) Spill material 

b) Spill volume 

c) Measures taken to prevent the spill material to gain access to any body of 

water 

This special condition does not relieve the permittee from its responsibility to obtain the 

corresponding permits from the EQB’s Solid Wastes Program and other state and 

federal agencies, if any. 4,6 

7. A log book should be kept for the material removed from the treatment system, such as 

sludge, screenings and grit, detailing the following items: 

a. Removed material, date and source of it. 

b. Approximate volume and weight. 

c. Method by which it is removed and transported. 

d. Final disposal and location. 

e. Person that offers the service. 

A copy of the Non-Hazardous Solid Waste Collection and Transportation Service 

Permit issued by the authorized official from the EQB should be attached to the log 

book. 3

 
Special Conditions 

NPDES No. PR0000591 

Page 3 

8. The sludge produced within the facility due to the operation of the treatment system 

shall be analyzed and all constituents shall be identified as required by “Standards for the 

Use or Disposal of Sewage Sludge” (CFR Number 40, Part 503). The sludge shall be 

disposed properly in such manner that water pollution or other adverse effects to 

surface waters or to ground water do not occur. 4,6

9. If any standard or prohibition to the sanitary sludge disposal is promulgated and said 

prohibition or standard is more stringent than any condition, restriction, prohibition or 

standard contained in the NPDES permit, such permit shall be modified accordingly or 

revoked and reissued to be adjusted with regard to such prohibition or standard. 6

10. No changes in the design or capacity of the treatment system will be permitted without 

the previous authorization of EQB. 5

11. Prior to the construction of any additional treatment systems or prior to the 

modification of the existing one, the permittee shall obtain the approval of the 

engineering report, plans and specifications from EQB. 5

12. The permittee shall install, maintain and operate all water pollution control equipment in 

such manner as to be in compliance with the applicable Rules and Regulations. 1,4

13. The flow measurement device for the discharge 001 shall be periodically calibrated and 

properly maintained. Calibration and maintenance records must be kept in compliance 

with the applicable Rules and Regulations. 4,5

14. The sampling point for discharge 001 shall be located immediately after the primary 

flow measuring device of the effluent of the facility. 

15. The sampling point for discharge 001 shall be labeled with a 18 inches x 12 inches 

(minimum dimensions) sign that reads as follows: 

"PUNTO DE MUESTREO PARA LA DESCARGA 001" 

16. All water or wastewater treatment facility, whether publicly or privately owned, must 

be operated by a person licensed by the Potable Water and Wastewater Treatment 

Plants Operators Examining Board of the Commonwealth of Puerto Rico. 4

17. The EQB has defined and authorized a Mixing Zone (MZ) pursuant to Article 5 of the 

PRWQSR. 3
Special Conditions 

NPDES No. PR0000591 

Page 4 

a. The MZ is delineated by the following points (See Diagram-I): 

Geographic Coordinates * 

Point 1 Lat. 18o 29.179' 

Long. 66o 08.516' 

 

Point 2 Lat. 18o 29.202' 

Long. 66o 08.509' 

 

Point 3 Lat. 18o 29.112' 

Long. 66o 08.336' 

 

Point 4 Lat. 18o 29.096' 

Long. 66o 08.140' 

 

Point 5 Lat. 18o 29.074' 

Long. 66o 08.147' 

 

Point 6 Lat. 18o 29.089' 

Long. 66o 08.343' 

 * NAD 83 State Plane Coordinates 

The diffuser configuration is a one hundred twenty (120) degree “Y” type 

consisting of two (2) legs of one thousand ten (1,010) feet long and a constant 

diameter of eighty four (84) inches. A total of one hundred two (102) ports 

along each diffuser’s leg shall be opened. There are twenty (20) ports of seven 

(7) inches at the end of each diffuser’s leg and eighty two (82) ports of six (6) 

inches between the “Y” split and the larger ports at the end of each diffuser’s 

leg. The ports discharge in alternate directions at a constant spacing of ten (10) 

feet. 

b. The MZ is defined for the following parameters: 

Parameter

Daily Maximum 

Discharge 

Limitation at Outfall 

Serial Number 001

Daily Maximum 

Limitation at 

 the Edge 

of the MZ

 

Arsenic (As) (μg/l) 36 1.4 

Cadmium (Cd) (μg/l) 16.00 9.30 
Special Conditions 

NPDES No. PR0000591 

Page 5 

Parameter

Daily Maximum 

Discharge 

Limitation at Outfall 

Serial Number 001

Daily Maximum 

Limitation at 

 the Edge 

of the MZ

 

Color (Pt-Co) 98,621 *1

Copper (Cu) (μg/l) 3,836 3.1 

Cyanide, Free (CN) (μg/l) 40 1

Dissolved Oxygen (mg/l) Monitoring Only ≥4.0 

Lead (Pb) (μg/l) 43.8 8.1 

Mercury (Hg) (μg/l) 0.6 0.051 

Nickel (Ni) (μg/l) 569 8.2 

Nitrogen (mg/l) (NO2, NO3, NH3) 207.000 5.000 

pH (SU) 6.0 - 9.0 7.3 - 8.5 

Silver (Ag) (μg/l) 81.2 2.0 

Sulfide (μg/l) (undissociated H2S) 108,401 2 

Surfactants (MBAS) (μg/l) 1,657 500 

Temperature °F (°C) 105.8 (41) **2

Thallium (Tl) (μg/l) 36.3 6.3 

Turbidity (NTU) 11,498 10 

Zinc (Zn) (μg/l) 3,269.00 81.00 

 

c. The permittee shall conduct annually definitive acute and chronic toxicity tests 

using the organisms Mysidopsis bahia, Cyprinodon variegatus and Arbacia

punctulata for the wastewater discharge identified as 001. 

 

d. The toxicity test shall be conducted according to the most recent editions of the 

following publications of EPA: 

1) Methods for Measuring the Acute Toxicity of Effluents and Receiving Waters to 

Freshwater and Marine Organisms, (EPA-821-R-02-012) Fifth Edition, 

October 2002. 

2) Short Term Methods for Estimating the Chronic Toxicity of Effluents and Receiving 

Waters to Marine and Estuarine Organisms, (EPA-821-R-02-013) Fourth 

Edition, October 2002. 

 

* The color at the edge of the mixing zone shall not exceed the color of the receiving water body (background monitoring station). 

** No heat may be added to the waters of Puerto Rico, which would cause the temperature of any site to exceed 90oF (32.2oC). 
Special Conditions 

NPDES No. PR0000591 

Page 6 

e. The procedures, methods, techniques, conditions, etc., included in the above 

mentioned publications shall be followed at all times. If the permittee wants to 

use other procedures, methods, etc., because he understands that: 

1) by the nature or conditions of this case is impossible to follow such 

publications; 

2) other procedures, methods, etc., are adequate; 

then, the permittee shall, prior to the utilization of other procedures, methods, 

etc., obtain the EPA and EQB written approval for their usage. 

f. The effluent samples for the toxicity tests shall be used in or before 36 hours 

after being collected. 

g. A report on the toxicity tests conducted shall be submitted to the EQB, during 

the sixty (60) days period after the tests were conducted. This report shall be 

prepared according to the aforementioned publications of EPA. 

h. Based on the review of the test results, the EQB can require additional toxicity 

tests, including toxicity/treatability studies and can revoke the final mixing zone 

authorization according with Section 5.14 of the PRWQSR. 

i. Solids from wastewater sources shall not cause deposition in, or be deleterious 

to, the existing or designated uses of the waters. 

j. The discharge shall not cause the growth or propagation of organisms that 

negatively disturb the ecological equilibrium in the areas adjacent to the mixing 

zone. 

k. The mixing zone shall be free of debris, scum, floating oil and any other 

substances that produce objectionable odors. 

l. The permittee shall maintain in good operating conditions the discharge system 

[discharge outfall (land and submarine), diffuser, ports, etc.]. At least once a 

year, the discharge system shall be inspected to determine if some repairs, 

replacing, etc., on the discharge system is required. A report of such inspections 
Special Conditions 

NPDES No. PR0000591 

Page 7 

shall be submitted to EPA and EQB not later than sixty (60) days after the 

performance of the inspection. 

m. The EQB can require that the permittee conduct bioaccumulation studies, dye 

studies, water quality studies or any other pertinent studies. If the EQB require 

one or more of the aforementioned studies, the permittee will be notified to 

conduct such study(ies). One hundred and twenty (120) days after the 

notification of the EQB, the permittee shall submit, for evaluation and approval 

of the EQB, a protocol to conduct such study(ies). Sixty (60) days after the 

EQB approval, the permittee shall initiate such study(ies). Ninety (90) days after 

conducting such study(ies), the permittee shall submit a report that includes the 

results of such study(ies). 

n. The permittee shall conduct a dye study to verify the Critical Initial Dilution and 

the plume behavior within the mixing zone. The dye study shall be conducted 

ninety (90) days after the written approval of the corresponding Protocol and 

Quality Assurance Project Plan (QAPP). Such Protocol and QAPP shall be 

submitted to EQB ninety (90) days after the EDP. This study shall consist of at 

least one set of the required samples, as established in the QAPP for a complete 

sampling event. 

o. The authorization for the mixing zone will not be transferable and does not 

convey any property rights of any sort or any exclusive privileges, nor it 

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

or any infringement of Federal or State Laws or Regulations. 

18. Within a period not greater than sixty (60) days from the EDP, the permittee shall 

initiate a study to collect all available information on key factors affecting regulated 

bacterial concentrations in the receiving waters. The implementation of such study 

shall predict and verify enterococci, fecal and total coliforms and residual chlorine 

concentrations in the receiving waters based on the concentrations present on the 

discharge of Puerto Nuevo and Bayamón Regional Wastewater Treatment Plants, the 

combined discharge of Bacardí, the point of discharge of the combined effluent of 

the three facilities, the edge of the mixing zone, the background station and local 

shoreline stations. The study shall comply with the protocol approved by EQB. 2,4,7

a. The permittee shall comply with the following interim and final limits for 

discharge 001 for the following parameters: 
Special Conditions 

NPDES No. PR0000591 

Page 8 

Parameters Interim Limits‡

 Final Limits

 

Enterococci 

(col/100 ml) 

Monitoring only * 

Fecal Coliforms 

(col/100 ml) 

1,200,000 ** 

Total Coliforms 

(col/100 ml) 

1,600,000 *** 

‡ The geometric mean of a series of representative samples (at least five 

samples) of the water taken sequentiallt in a given instance. 

* The enterococci density in terms of geometric mean of at least 5 

representative samples taken sequentially shall not exceed 35/100 ml. 

No single sample should exceed the upper confidence limit of 75% using 

0.7 as the log standard deviation until sufficient site data exist to establish 

a site-specific log standard deviation. 

** The Fecal Coliforms geometric mean of a series of representative 

samples (at least five samples) of the water taken sequentially in a given 

instance shall not exceed 200 colonies/100 ml. Not more than 20 

percent of the samples shall exceed 400 colonies/100 ml. 

*** The Total Coliforms geometric mean of a series of representative 

samples (at least five samples) of the water taken sequentially in a given 

instance shall not exceed 10,000 colonies/100 ml. 

b. The interim limits will be effective during the period beginning on the EDP 

and lasting through EDP + 24 months, unless, following the terms and 

conditions of the approved study protocols, the permittee has requested a 

modification of the final limits of the WQC for these parameters because the 

results of the studies performed show that it is feasible to include other 

effluent limits or to define a mixing zone for these parameters in the WQC. 

In such case, the interim limits will stay in effect until the EQB and EPA issue 

a final determination regarding the requested modification. If it is determined 

that the WQC could be modified as requested, then the interim limits will 

continue in effect until the EQB and EPA issue a final modified WQC and 
Special Conditions 

NPDES No. PR0000591 

Page 9 

final modified NPDES Permit, respectively. If the studies reflect that a 

modification to the WQC is not feasible, the permittee must comply with the 

final limits from EDP + 24 months + 1 day. 

c. The permittee must complete the study within the EDP + 16 months. 

d. A final report must be submitted to the EQB within sixty (60) days of the last 

day of field sample collection. Such report must contains the results and 

conclusions of the study, as any other pertinent data and required information, as 

established in the study protocol approval by EQB. 

e. By no means it should be understood that the performance of the study 

described in this special condition exempts the Puerto Nuevo and Bayamón 

Regional Wastewater Treatment Plants and the Bacardí Corporation from the 

requirement to disinfect the effluent to be discharged through the individual 

points of discharge authorized by the corresponding NPDES permits. 

19. The conditions of this WQC are considered as separate. Therefore, if the 

applicability of any condition of this WQC is stayed due to any circumstance, the 

remaining conditions of this WQC will not be affected. 5 

20. The EQB, by the issuance of the WQC, does not relieve the applicant from its 

responsibility to obtain additional permits or authorizations from the EQB as required 

by law. The issuance of the WQC shall not be construed as an authorization to conduct 

activities not specifically covered in the WQC, which will cause water pollution as 

defined by the PRWQSR. 5 

1, 2, 3, 4, 5, 6 and 7 see page 11 
Special Conditions 

NPDES No. PR0000591 

Page 10 

DIAGRAM-I 

Bacardi Corporation Mixing Zone 

Geographic Coordinates * 

Point 1 Lat. 18o 29.179' 

Long. 66o 08.516' 

 

Point 2 Lat. 18o 29.202' 

Long. 66o 08.509' 

 

Point 3 Lat. 18o 29.112' 

Long. 66o 08.336' 

 

Point 4 Lat. 18o 29.096' 

Long. 66o 08.140' 

 

Point 5 Lat. 18o 29.074' 

Long. 66o 08.147' 

 

Point 6 Lat. 18o 29.089' 

Long. 66o 08.343' 

* NAD 83 State Plane Coordinates. 

1 

2 

 5 

 4 

3

6

BG 
Special Conditions 

NPDES No. PR0000591 

Page 11 

1. According to Article 1, Puerto Rico Water Quality Standards Regulation as Amended.

2. According to Article 3, Puerto Rico Water Quality Standards Regulation as Amended.

3. According to Article 5, Puerto Rico Water Quality Standards Regulation as Amended.

4. According to Article 6, Puerto RicoWater Quality Standards Regulation as Amended. 

5. According to the Environmental Public Policy Act of September 22, 2004, Act No. 

416, effective since March 22, 2005. 

6. According to the Section 405(d)(4) of Federal Clean Water Act, as amended (33 

U.S.C. 466 et. seq.). 

7. According to the Code of Federal Regulation Number 40 (40 CFR), Part 131.40, as 

amended (Federal Register/Volume 69, No. 16/Monday, January 26, 2004). 
TABLE A-1 EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS NPD

PR0000591 During the period beginning on EDP and lasting through EDP + 5 years the permittee is authorized to dserial number 001 the combined wastewaters described at the final of this Table. Such discharge shall be li

by the permittee as specified below: Receiving Water Name and Classification: Atlantic Ocean, SC 

Effluent Characteristics Gross Discharge Limitations Monitoring 

 Monthly Average Daily Maximum Measurements 

Frequency 

Arsenic (As) (μg/l) 2,4 36.4 Monthly 

BOD5 (mg/l) 1,2,3,4 7 17,700 Monthly 

Cadmium (Cd) (μg/l) 2,3,4 16.00 Monthly 

Color (Pt-Co Units) 2,3,4 98,621 Monthly 

Copper (Cu) (μg/l) 2,3,4 3,836 Monthly 

Cyanide, Free (CN) (μg/l) 2,3,4 7 

7 

 40 Monthly 

Dissolved Oxygen (mg/l) 1,2,3,4 ---- Daily 

Flow m3/day (MGD) 4,5 7,570.80 (2.0) Continuou

Lead (Pb) (μg/l) 2,3,4 43.8 Monthly 

Mercury (Hg) (μg/l) 2,3,4 7 0.67 Monthly 

Nickel (Ni) (μg/l) 2,3,4 569 Monthly 
TABLE A-1 EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS NPD

PR0000591 Receiving Water Name and Classification: Atlantic Ocean, SC 

Effluent Characteristics Gross Discharge Limitations Monitoring 

 Monthly Average Daily Maximum Measurements 

Frequency 

Nitrogen (NO3, NO2, NH3) 

(mg/l) 2,3,4

 207.000 Monthly 

Oil and Grease (mg/l) 2,4 The water of Puerto Rico shall be substantially free 

from floating non-petroleum oils and greases as well as petroleum derived oils and greases. 

Twice per 

Month 

pH (SU) 2,3,4 Shall always lie between 6.0 – 9.0. Daily 

Radioactive Materials (picocuries/l) 2,4

---- 

φ 

Silver (Ag) (μg/l) 2,3,4 81.2 Monthly 

Solids and Other Matter 2,4 The water of Puerto Rico shall not contain floating 

debris, scum or other floating materials attributable to discharges in amounts sufficient to be unsightly or deleterious to the existing or designated uses of the water body. 

---- 

Sulfide (undissociated H2S) 

(μg/l) 2,3,4 7 

 108,401 Monthly 

TABLE A-1 EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS NPD

PR0000591 
Receiving Water Name and Classification: Atlantic Ocean, SC 

Effluent Characteristics Gross Discharge Limitations Monitoring 

 Monthly Average Daily Maximum Measurements 

Frequency 

Surfactants (as Methylene Blue Activate Substances) (μg/l) 1,2,3,4

 1,657 Monthly 

Suspended, Colloidal or Settleable Solids (ml/l) 1,2,4

Solids from wastewater sources shall not cause deposition in, or be deleterious to, the designated uses of the waters. 

Daily 

Taste and Odor-producing Substances 2,4

Shall contain none in amounts that will render any undesirable taste or odor to edible aquatic life. 

---- 

Temperature 

oF (

oC) 2,3,4 105.8 (41) Daily 

Thallium (Tl) (μg/l) 2,3,4 36.3 Monthly 

Turbidity (NTU) 2,3,4 11,498 Monthly 

Zinc (Zn) (μg/l) 2,3,4 3,269.00 Monthly 

Special Conditions See attached sheet, which contains special conditions 

that constitute part of this certification. 

---- 
TABLE A-1 EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS NPD

PR0000591 Receiving Water Name and Classification: Atlantic Ocean, SC Notes: To comply with the monitoring requirements specified above, samples shall be taken at the outfall of dis001. All flow measurements shall achieve accuracy within the range of plus or minus 10%. 

The wastewaters to be discharged from Bacardí, through the discharge point 001 are the following: 

a. boiler blowdown, wash and extraction. 

b. mosto (distillation, fermentation and washes). 

c. clarification plant wash. 

d. anaerobic treatment plant discharges – cooling tower. 

e. flavor steam traps. 

f. sulfur plant rinses and condensate. 

g. bottling plant and broken bottles wash. 

h. process washes (lock). 

i. molasses unloading and seal flush. 

j. fermentation floor drains. 

k. distillery floor wash. 

l. barrel wash. 

m. cooling tower wash. n. cooling towers blowdown and other. 

o. CO2 plant condensate and washes. 

p. sanitary plant (discharge 003). 

q. sanitary plant (discharge 004). 

r. process water treatment steam traps. 
φ The permittee shall implement a monthly monitoring program using the analytical method approved by 

possible detection level, in accordance with Section 6.2.3 of the PRWQSR as amended, for one (1) ye

they will be conducted annually. The monitoring program shall commence no later than thirty (30) written approval of the Quality Assurance Project Plan (QAPP). The QAPP must be submitted for evof EQB no later than thirty (30) days after the EDP. The results of the monitoring program shall be suEPA-Region II no later than sixty (60) days of completion of the one year monitoring program. Based 

the results obtained, EQB will determine if an effluent limitation is necessary for these parameters. In will be reopened to include the applicable effluent limitation if considered necessary. 

7 The effluent limitation for BOD5 is based on the Mixing Zone Application for the PRASA and Baca

determining that there is a reasonable assurance that this limit will not cause violations to the wate

Dissolved Oxygen for Class SC. 

7 See Special Condition 3. 7 The samples shall be analyzed using the method approved by EPA in letter of February 20, 2007. 7 See Special Condition 5. 1, 2, 3, 4, 5, 6 and 7 see page 11 of Special Conditions 
TABLE A-2 EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS NPD

PR0000591 Receiving Water Name and Classification: Atlantic Ocean, SC During the period beginning on EDP and lasting through (EDP + 24 months)** the permittee is authorizoutfall serial number 001 the combined wastewaters described at the final of Table A-1. Such discharge 

monitored by the permittee, as specified below: 

Effluent Characteristics Gross Discharge Limitations Monitoring 

 Monthly Average Daily Maximum * Measurements 

Frequency 

Enterococci (col/100 ml) 1,2,4,7 ---- Monthly 

Fecal Coliforms (col/100 ml) 1,2,4,7 1,200,000 Monthly 

Total Coliforms (col/100 ml) 1,2,4,7 1,600,000 Monthly 

Notes: 

To comply with the monitoring requirements specified above, samples shall be taken at the outfall of dis001. * The geometric mean of a series of representative samples (at least five samples) of the water taken se

instance. 

** See Special Condition 18.b. 1, 2, 3, 4, 5, 6 and 7 see page 11 of the Special Conditions. 
TABLE A-3 EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS NPD

PR0000591 During the period beginning on (EDP + 24 months + 1 day)* and lasting through EDP + 5 years the permdischarge from outfall serial number 001 the combined wastewaters described at the final of Table A-1. Sulimited and monitored by the permittee, as specified below: Receiving Water Name and Classification: Atlantic Ocean, SC 

Effluent Characteristics Gross Discharge Limitations Monitorin

 Monthly Average Daily Maximum Measuremen

Frequency 

Enterococci (colonies/100 ml) 1,2,4,7

The enterococci density in terms of geometric mean of at least 5 representative samples taken sequentially shall not

exceed 35/100 ml. No single sample should exceed the upper confidence limit of 75% using 0.7 as the log standard deviation until sufficient site data exist to establish a sitespecific log standard deviation. 

Monthly 

Fecal Coliforms (col/100 ml)1,2,4,7 

The coliforms geometric mean of a series of representative samples (at least five samples) of the water taken sequentially in a given instance shall not exceed 200 colonies/100 ml. Not more than 20 percent of the samples shall exceed 400 colonies/100 ml. 

Monthly 

Total Coliforms (col/100 ml) 1,2,4,7 

The coliforms geometric mean of a series of representative samples (at least five samples) of the water taken sequentially in a given instance shall not exceed 10,000 colonies/100 ml. 

Monthly 
Effluent Characteristics Gross Discharge Limitations Monitorin

Notes: To comply with the monitoring requirements specified 

above, samples shall be taken at the outfall of discharge serial number 001. * See Special Condition 18.b. 1, 2, 3, 4, 5, 6 and 7 see page 11 of the Special Conditions. 
Attachment IV Page 1 of 4 Pages 

 Permit No. PR0000591 

 ATTACHMENT IV

Special Condition No. 19: Whole Effluent Toxicity Requirements

The previous permit issued to the Bacardi Corporation included a conditionally approved mixing 

zone, and required toxicity testing of the effluent from the Bacardi Corporation, the PRASA 

Bayamón and the PRASA Puerto Nuevo wastewater treatment plants. It was agreed between 

these dischargers and the Puerto Rico EQB during the term of the previous permit that whole 

effluent toxicity testing would be performed on a flow weighted composite sample of the three 

effluents. The testing included acute lethality toxicity tests using Mysidopsis bahia and 

Cyprinodon variegatus, and chronic toxicity tests of growth, fecundity, fertilization and survival 

of Mysidopsis bahia and Cyprinodon variegatus and Arbacia Punctulata. The results of this 

testing in 2006 identified Arbacia Punctulata as experiencing significant impacts with respect to 

chronic toxicity measured by fertilization of this species. Results of testing the combined effluent 

for the effects on fertilization of Arbacia Punculata are summarized below in Table 1. 

The previous permit also included the following requirement in Special Condition No. 16, which 

authorizes the interim mixing zone: 

ABased on the review of the test results, the EQB can require additional toxicity tests, 

including toxicity/treatability studies and can revoke the interim or final mixing zone 

authorization according with Section 5.14 of the PRWQSR.@

The PRWQSR defines the water quality criterion for toxicity as AThe waters of Puerto Rico shall 

not contain any substance at such concentration which, either alone or as result of synergistic 

effects with other substances is toxic or produces undesirable physiological responses in human, 

fish or other fauna or flora.@ (Section 3.1.9). Section 5.4 of the PRWSR further require that 

where there is a mixing zone, 

AAt the boundaries of the proposed mixing zone, after critical initial dilution for open 

coastal waters and after dilution for closed bodies of waters each one of the following 

requirements are met: 

a. The concentration of pollutants or physical parameters, as defined in 

Section 5.5, do not exceed the applicable water quality standards. 

b. The acute toxicity units measure in a acute biossay do not exceed the 

criteria maximum concentration (CMC). 

c. The chronic toxicity units measure in a chronic biossay do not exceed 

criteria continuous concentration units (CCC).@

Finally, Article 1 of the PRWSR defines the criteria maximum concentration (CMC) for acute 

toxicity as 0.3 acute toxic units (TUa =1/LC50) and the criteria continuous concentration (CCC) 

as 1.0 chronic toxic unit (TUc = 1/NOEC). 
Attachment IV Page 2 of 4 Pages 

 Permit No. PR0000591 

The mixing zone application for the current permit submitted in March 2006 defines the Critical 

Initial Dilution of the mixing zone being approved by the current water quality certificate as a 

factor of one hundred and four (104). 

EPA examined the results for Arbacia Punctulata for their potential to cause or contribute to an 

excursion of the Puerto Rico water quality criterion for chronic toxicity. The results of the recent 

testing for this species are summarized below in Table 1. 

Table 1: Results of Chronic Toxicity Testing of Arbacia Punctulata for the composite 

effluent of the Bacardi, PRASA Bayamón, and PRASA Puerto Nuevo facilities

Test Date

 NOEC 

(% effluent)

Chronic Toxic 

Units 

IC25 

(% effluent) Inverse of IC25 

2/16/2006 0.78 % 128 7.25 % 13.79 

3/16/2006 6.00 % 17 7.31 % 13.68 

8/29/2006 <0.78 % >128 1.68 % 59.52 

11/4/2006 <0.78 % >128 1.67 % 59.88 

11/7/2006 1.56 % 64 3.97 % 25.19 

4/17/2007 0.29 % 345 3.09 % 32.36 

4/19/2007 <0.09 % >1111 2.12 % 47.17 

4/21/2007 <0.09 % >1111 4.47 % 22.37 

5/1/2007 0.09 % 1111 4.92 % 20.33 

5/3/2007 0.96 % 104 14.80 % 6.76 

5/5/2007 3.20 % 31 14.40 % 6.94 

5/15/2007 0.09 % 1111 4.88 % 20.49 

5/17/2007 0.96 % 104 3.01 % 33.22 

5/19/2007 0.29 % 345 5.23 % 19.12 

EPA used the approach for determining Reasonable Potential to cause or contribute to an 

excursion of water quality standards from the Technical Support Document for Water QualityBased Toxics Control (March 1991) (TSD). EPA first examined the NOEC results, where the 

inverse is used to calculate toxic units, which are also shown in Table 1. Examining the toxic 

units based on the laboratory report NOEC values, and applying the dilution factor of 104 would 

indicate a potential excursion of the criterion at the edge of the mixing zone on several of the 

analysis dates. The results that are greater than 104 would potentially cause an excursion of the 

criterion of 1.0 TUc, and are shaded in grey in Table 1. 
Attachment IV Page 3 of 4 Pages 

 Permit No. PR0000591 

EPA also examined the IC25 results of this testing, and tabulated the inverse values. The TSD 

approach to determining Reasonable Potential calculates a projection based on previous testing 

results, and although there may not have been any result that indicated an excursion of criterion, 

it predicts whether past results indicate the potential to exceed a criterion. The number of 

samples used in the analysis indicate a coefficient of variation (Cv), which is used in the 

statistical tables 3-1 and 3-1 which tabulate Reasonable Potential Multiplying Factors at both the 

95% and 99% Confidence Levels and respective Probability Bases. EPA examined the fourteen 

inverse IC25 results in Table 1. The TSD recommends calculating a Cv based on the standard 

deviation and mean of the data. For these fourteen test results, EPA calculated the Cv to be 0.6. 

Table 2: Reasonable Potential Multiplier Results for Cv = 0.6 and Number of Samples = 14

Test Date 

IC25 (% 

effluent) Inverse of IC25 

95% 

RPMF = 1.5 

99% 

RPMF = 2.6 

2/16/2006 7.25 % 13.79 21 36 

3/16/2006 7.31 % 13.68 21 36 

8/29/2006 1.68 % 59.52 89 155 

11/4/2006 1.67 % 59.88 90 156 

11/7/2006 3.97 % 25.19 38 65 

4/17/2007 3.09 % 32.36 49 84 

4/19/2007 2.12 % 47.17 71 123 

4/21/2007 4.47 % 22.37 34 58 

5/1/2007 4.92 % 20.33 30 53 

5/3/2007 14.80 % 6.76 10 18 

5/5/2007 14.40 % 6.94 10 18 

5/15/2007 4.88 % 20.49 31 53 

5/17/2007 3.01 % 33.22 50 86 

5/19/2007 5.23 % 19.12 29 50

At the 99th Percentile Confidence Level, on three separate occasions the projection after 

multiplying the RPMF would be higher than 104. These results are shaded in grey in Table 2. In 

the TSD approach, just one result that is projected to be higher than the water quality standard 

would result in a determination of Reasonable Potential. 
Attachment V Page 1 of 2 Pages 

 Permit No. PR0000591 

Where Reasonable Potential exists for a parameter to exceed a water quality criterion, EPA must 

include a limitation in the NPDES permit for that discharge. It is clear to EPA from the above 

analysis that both the NOEC values and IC25 values for fertilization indicate reasonable 

potential to exceed the water quality criterion of 1.0 TUc at the edge of the mixing zone. 

Additionally, this facility has been granted a mixing zone conditioned upon the absence of a 

toxic condition at the edge of the mixing zone, and EPA=s Clean Water Act '301(h) 

Determination is also conditioned on the absence of a toxic condition after mixing. 

Therefore, EPA has included an explicit numeric limitation for chronic toxicity in the combined 

discharge from the Bacardi, PRASA Puerto Nuevo, and PRASA Bayamón facilities. EPA has 

chosen to use the IC25 value as the indicator for chronic toxicity. The IC25 value is an indicator 

of the concentration of effluent which causes a 25% reduction in the effects being observed (e.g. 

fertilization, growth, fecundity in the test population when compared to the controlled sample 

response). The IC25 value is calculated through interpolation from the hypothesis tested effects 

observed at the concentrations used in the analysis. Toxic units and water quality criterion are 

defined by both EPA and EQB as based on the NOEC, or concentration at which no effects are 

observed. EPA Region 2 does not consider 25% reduction to be Ano effect@, and therefore has 

adjusted the IC25 number to be slightly more conservative than the NOEC value that would be 

calculated using the dilution factor of 104. The limit has been calculated below: 

Criterion at edge of mixing zone: 1.0 TUc Dilution Factor:104 times

104 x 1.0 = effluent concentration of no greater than 104 TUc

Toxicity test results would have to be no less than 1/104 = 0.96% using the NOEC endpoint. 

EPA has chosen to use the IC25 value to determine compliance with this limitation, and 

therefore has adjusted the limitation to an IC25 value of no less than 1.00% effluent. 

In addition to the limitation, EPA has included other toxicity testing requirements on the 

individual effluents from these three facilities, as these effluents combine prior to discharge. The 

toxicity observed in the effluent may be the result of toxicity in one or more of the discharges, or 

it may be the result of synergistic effects that occur when the effluents combine prior to 

discharge. The contemporaneous testing on each of the effluents from these facilities will 

provide an indication as to the source of any toxicity observed in the combined discharge. 

EPA is also requiring that all three dischargers develop plans for a toxicity reduction evaluation 

(TRE) within the first six months of the permit term. The three dischargers may coordinate and 

develop one plan to meet the permit requirement in each NPDES permit. Violation of the 

limitation for chronic toxicity using the combined discharge would trigger accelerated 

monitoring of both the combined discharge and solely the Bacardi effluent (PRASA would be 

required to test their individual effluents for the Bayamon and Puerto Nuevo facilities in addition 

to the combined discharge as well) for twelve weeks. During the accelerated testing period an 

additional violation of the limitation on the combined discharge would require these three 

permittees to activate their TRE workplans, and implement their strategy to identify and abate 

the source of toxicity. 
Attachment V Page 1 of 2 Pages 

 Permit No. PR0000591 

ATTACHMENT V

 Requirements for Biochemical Oxygen Demand at Outfall 002 

The permittee has requested that EPA reevaluate the requirements for five-day Biochemical 

Oxygen Demand (BOD5) at Outfall 002, located just after the anaerobic digesters. This request 

is due to the changes in the production processes that have resulted in lower loading amounts 

flowing into the anaerobic digester treatment system. The permittee presented information about 

the loading rates, production rates, and retention time in the treatment system. EPA also 

evaluated the maximum and average BOD loading in the effluent as reported in the Discharge 

Monitoring Reports (DMRs) for this facility. 

As a result of these changes to the production processes, EPA believes it is appropriate to 

recalculate the limitations at Outfall 002 based on the current operating conditions and source 

reduction that has taken place at the facility. However, EPA also intends to ensure that the 

permittee operates the anaerobic digesters at optimum treatment efficiency. Revised limitations 

were calculated based on the existing effluent quality (EEQ), which is a statistical projection 

based on past discharge results. 

EPA Region 2 utilizes the 95th percentile of the lognormal distribution of the monitoring data to 

determine EEQ. Monitoring results for maximum and average BOD, Total Suspended Solids 

(TSS), and the inverse of percent removal (percent remaining) from discharge monitoring reports 

from June 2004 through May 2007 were used in this analysis. The results of the EEQ analysis 

are tabulated below in Table 3. 

The permittee has explained to EPA that the mosto waste is retained in an equalization tank prior 

to treatment for 1-2 days, and the retention time in the anaerobic digester is approximately 10-12 

days. Therefore, the loading observed at Outfall 002 is likely the result of waste that was 

produced as much as two weeks prior to being discharged through Outfall 002. EPA observed 

through our examination of the data that there did not appear to be a direct correlation between 

higher production rates and higher effluent loading at Outfall 002, even taking into account the 

time lag. Additionally, there are fluctuations in day to day proof gallons produced, and often a 

wide range of production values in a given month. For the reasons stated above, EPA has chosen 

to eliminate the tiered system of production based limits, and instead to have one set of limits for 

Outfall 002. For BOD and TSS loading at Outfall 002, EPA applied a factor or 2.0/1.3 to 

account for the increase in flow allowed under the new water quality certificate, as well as plans 

to increase production at the facility. The revised limitations are shown in Table 3. 

For BOD Percent Removal, EPA calculated the percentage remaining from the percentage 

removed (100 - %removal), and performed an EEQ analysis on those results. This resulted in a 

95th Percentile EEQ value for Monthly Average Percent Removal BOD of 71.7%. 

EPA has included a Quarterly Average Percent Removal requirement, based on weekly sampling 

results. The averaging over a quarter of weekly results will reduce the impact of the retention 

time lag in comparing influent to effluent results. EPA has also revised the limit to be a 

minimum quarterly average of 70%. Falling below this minimum value will trigger a 
Attachment V Page 2 of 4 Pages 

 Permit No. PR0000591 

requirement to demonstrate to EPA that the lower percentage removal observed was due solely 

to lower loading amounts flowing into the anaerobic treatment system (source reduction). 

Table 3: EEQ Analysis Results and Revised Limitations for Mass Loading at Outfall 002

 

95th %

(kg/day) 

99th %

(kg/day) 

95th % X 

2.0/1.3 

(kg/day) 

New 

Limitation 

in kg/day 

New 

Limitation 

in lb/day 

BOD Daily 

Maximum 

27,533 41,127 42,359 42,400 93,280 

BOD Monthly 

Average 

19,512 29,321 30,019 30,000 66,200 

TSS Daily 

Maximum 

46,651 74,353 71,771 71,200 156,640 

TSS Monthly 

Average 

29,378 43,701 45,196 45,200 99,440 

‡ The geometric mean of a series of representative samples (at least five samples) of the water taken sequentially in 

The permittee shall notify EPA fourteen (14) days in advance of resuming operations following shutdown. Durin

distillery operations, and for the period twenty-one (21) days following start-up, bacteria limitations shall be as f

 Daily Max. Measurement 

Frequency 

Sample 

Enterococci (colonies/100 ml) 1,2,4,7 382, 602‡ Weekly Gra

Fecal Coliforms (colonies/100 ml) 1,2,4,7 803,378 ‡ Weekly Gra

δ See Special Condition 5. # The permittee shall perform the tests for Settleable Solids. 

1, 2, 3, 4, 5, 6, and 7 See the endnotes to the Special Conditions 
PART I 

Modified Page 15 of 41 Pages 

Permit No. PR0000591 

EPA Addendum: 

EPA had revised the limitations for fecal coliform and bacteria for Outfall 001 to be consistent 

with current existing effluent quality during normal operations. During the shutdown of 

distillery operations, and for the period twenty-one (21) days following start-up, bacteria 

limitations shall be as follows:: 

Parameter

Daily Maximum 

Discharge 

Limitation at Outfall 

Serial Number 001

Daily Maximum 

Limitation at 

 the Borders 

of the MZ

Enterococci (col/100 ml) 382,602 ‡ * 

Fecal Coliforms (col/100 ml) 803,378 ‡ ** 

* The enterococci density in terms of geometric mean of at least 5 

representative samples taken sequentially shall not exceed 35/100 ml. No 

single sample should exceed the upper confidence limit of 75% using 0.7 

as the log standard deviation until sufficient site data exist to establish a 

site-specific log standard deviation. 

** The Fecal Coliforms geometric mean of a series of representative samples 

(at least five samples) of the water taken sequentially in a given instance 

shall not exceed 200 colonies/100 ml. Not more than 20 percent of the 

samples shall exceed 400 colonies/100 ml. 

c. The permittee shall conduct annually definitive acute and chronic toxicity tests 

using the organisms Mysidopsis bahia, Cyprinodon variegatus and Arbacia

punctulata for the wastewater discharge identified as 001. 

 

d. The toxicity test shall be conducted according to the most recent editions of the 

following publications of EPA: 

1) Methods for Measuring the Acute Toxicity of Effluents and Receiving 

Waters to Freshwater and Marine Organisms, (EPA-821-R-02-012) Fifth 

Edition, October 2002. 

2) Short Term Methods for Estimating the Chronic Toxicity of Effluents and 

Receiving Waters to Marine and Estuarine Organisms, (EPA-821-R-02-014) 

Third Edition, October 2002.
Part II 

Modified Page 17 of 41 

Permit No. PR0000591 

e. The EQB, can require that the permittee conduct bioaccumulation studies, dye 

studies, water quality studies or any other pertinent studies. If the EQB require one 

or more of the aforementioned studies, the permittee will be notified to conduct such 

study(ies). One hundred and twenty (120) days after the notification of the EQB, the 

permittee shall submit, for evaluation and approval of the EQB, a protocol to 

conduct such study(ies). Sixty (60) days after the EQB approval, the permittee shall 

initiate such study(ies). Ninety (90) days after conducting such study(ies), the 

permittee shall submit a report that includes the results of such study(ies). 

f. The permittee shall conduct a dye study to verify the Critical Initial Dilution and the 

plume behavior within the mixing zone. The dye study shall be conducted ninety 

(90) days after the written approval of the corresponding Protocol and Quality 

Assurance Project Plan (QAPP). Such Protocol and QAPP shall be submitted to 

EQB ninety (90) days after the EDP. This study shall consist of at least one set of 

the required samples, as established in the QAPP for a complete sampling event. 

g. The authorization for the mixing zone will not be transferable and does not convey 

any property rights of any sort or any exclusive privileges, nor it authorizes any 

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

of Federal or State Law or Regulations. 

18. Whole Effluent Toxicity Requirements 

a. The permittee shall conduct quarterly chronic toxicity tests on flow-weighted 24-hour 

composite effluent samples of the combined Bacardi, PRASA Puerto Nuevo, and 

PRASA Bayamón discharges (referred herein as “combined discharge”) for 

fertilization of Arbacia punctulata. Once each calendar year, the permittee shall split 

a 24-hour composite effluent sample and concurrently conduct acute and chronic 

toxicity tests using Mysidopsis bahia and Cyprinodon variegatus in addition to 

Arbacia punctulata fertilization test. The testing on this split sample, in addition to 

the Arbacia punctulata test for that quarter, would satisfy the annual toxicity 

monitoring requirement of Special Condition 17. 

The permittee shall also conduct quarterly chronic toxicity tests on 24-hour composite 

effluent samples of solely the Bacardi effluent, taken at Bacardi Discharge Point 001, 

for fertilization of Arbacia punctulata.
Part II 

Modified Page 18 of 41 

Permit No. PR0000591 

b. Effluent Limitation: 

Interim Effluent Limitation: 

The following effluent limit shall be effective from July 1, 2012 through June 30, 

2015: 

No single IC25 test result for any species or effect in the combined discharge 

shall be less than 1.29%. 

Final Effluent Limitation: 

The following final effluent limitation shall be effective July 1, 2015 through 

November 30, 2016: 

No test result for any species or effect in the combined discharge shall be 

greater than 83.32 TUc. 

c. TRE Workplan 

No later than October 1, 2012, the permittee shall prepare and submit a Toxicity 

Reduction Evaluation (TRE) Workplan to EPA Region 2 for approval. The TRE 

Workplan must include, at a minimum: 

1) A description of the investigation and evaluation techniques that would be 

used to identify potential causes and sources of toxicity, effluent variability, 

and treatment system efficiency. 

2) A description of methods for maximizing in-house treatment system 

efficiency, good housekeeping practices, and a list of all chemicals used in 

operations at the facility. 

3) Potential actions to be undertaken by the permittee to investigate, identify, and 

correct the causes, and prevent the recurrence of toxicity. 

4) Identification of responsible persons/parties for conducting the TRE. 

5) Potential source reduction measures and pollution prevention opportunities to 

reduce toxicity. 

EPA shall provide comments on such TRE Workplan no later than 30 days after the 

permittee’s submission of the Workplan. If EPA provides such comments within that 

timeframe, the permittee shall respond to such comments not later than 30 days after 

permittee’s receipt. If EPA does not provide comments within 30 days, the Workplan 

will be deemed approved as proposed. 
Part II 

Modified Page 19 of 41 

Permit No. PR0000591 

d. Implementation of Toxicity Reduction Evaluation 

Once the TRE Workplan is approved, if a test result for any species or effect in the 

combined discharge exceeds 83.32 TUc on or after July 1, 2012, the permittee shall 

initiate, within 30 days of receipt of this test result, the TRE Workplan approved 

pursuant to paragraph c of this special condition. The TRE shall use the same species 

and test method as that of the observed exceedance. The TRE may be performed in 

conjunction with the PRASA Puerto Nuevo and Bayamón facilities. The permittee 

shall use the following guidance manuals: 

1) Toxicity Reduction Evaluation Guidance for Municipal Wastewater Treatment 

Plants (EPA 833-B-99-002, 1999) 

2) Generalized Methodology for Conducting Industrial Toxicity Reduction 

Evaluations (EPA/600/2-88/070, 1989). 

The permittee may also use the following manuals for Toxicity Identification 

Evaluation to identify the causes of toxicity: 

3) Toxicity Identification Evaluation: Characterization of Chronically Toxic 

Effluents, Phase I (EPA/600/6-91/005F, 1992); 

4) Methods for Aquatic Toxicity Identification Evaluations, Phase II Toxicity 

Identification Procedures for Samples Exhibiting Acute and Chronic Toxicity 

(EPA/600/R-92/080, 1993); 

5) Methods for Aquatic Toxicity Identification Evaluations, Phase III Toxicity 

Confirmation Procedures for Samples Exhibiting Acute and Chronic Toxicity 

(EPA/600/R-92/081, 1993); and 

6) Marine Toxicity Identification Evaluation (TIE): Phase I Guidance Document 

(EPA/600/R-96-054, 1996). 

e. Progress Reports 

The permittee shall submit three annual progress reports on the TRE process. These 

reports shall include an inventory of actions taken, testing procedures, and results. 

Potential causes of synergistic toxicity shall be identified, as well as source reduction 

activities to address such causes. The first progress report shall be due July 1, 2013. 

f. Test Methods 

1) Acute Toxicity Testing 

A) The acute toxicity tests shall be conducted in accordance with the EPA 

publication, EPA-821-R-02-012 Methods for Measuring the Acute 
Part II 

Modified Page 20 of 41 

Permit No. PR0000591 

Toxicity of Effluents and Receiving Waters to Freshwater and Marine 

Organisms (Fifth Edition), October 2002, or the most recent edition of this 

publication, if such edition is available. 

B) The tests shall provide a measure of the acute toxicity as determined by 

the wastewater concentration, which cause 50 percent mortality of the 

organisms over a 48 hour period. Test results shall be expressed in terms 

of Lethal Concentration (LC) and reported as 48 hour LC50. 

C) The test species shall be the Mysidopsis bahia (mysid shrimp) and 

Cyprinodon variegatus (sheepshead minnow). The tests shall be static 

renewal type. 

2) Chronic Toxicity Testing 

A) The chronic toxicity tests shall be conducted in accordance with EPA 

publication, EPA-821-R-02-013 Short Term Methods for Estimating the 

Chronic Toxicity of Effluents and Receiving Waters to Marine and 

Estuarine Organisms, Fourth Edition, October 2002. 

B) The tests shall report the No Observable Effects Concentration (NOEC), 

the Low Observable Effects Concentration (LOEC), the calculated 

inhibition concentration of 25% (IC25), and the effects reported at each 

concentration tested in the dilution series. The dilution series 

concentrations shall be chosen to bracket the approximate expected IC25 

results, in order to accurately depict the toxic effects of the sample. 

C) The chronic toxicity tests shall be fertilization of Arbacia punctulata (sea 

urchin). The tests shall be static renewal type. 

D) If either the reference toxicant or effluent toxicity tests do not meet all test 

acceptability criteria in the test methods manual, then the permittee must 

resample and retest within 14 days. 

g. Reporting of Chronic Toxicity Monitoring Results 

1) A procedure report shall be submitted to EPA and EQB by October 1, 2012. 

The following information shall be included in the procedure report: 

A) An identification of the organizations responsible for conducting the test 

and the species to be tested. 

B) A detailed description of the methodology to be utilized in the conduct of 

the tests, including equipment, sample collection, dilution water, and 

source of test organisms. 
Part II 

Modified Page 21 of 41 

Permit No. PR0000591 

C) A schematic diagram which depicts the effluent sampling location. The 

diagram shall indicate the location of effluent sampling in relation to 

wastewaters treatment facility and discharge monitoring point. 

2) For any toxicity testing event, a full laboratory report shall be submitted and 

shall include: the toxicity test results in NOEC, LOEC, IC25, and the results 

reported at each effluent dilution. The results shall be reported according to 

the test methods manual chapter on report preparation and test review; the 

dates of sample collection and initiation of each toxicity test; all results for 

effluent parameters monitored concurrently with the toxicity test(s); and 

progress reports on TRE/TIE investigations. 

3) Full laboratory reports of analytical results shall be submitted to EPA Region 

II and EQB within thirty (30) days of completion of each test. Based on a 

review of the test results, EPA or the EQB may require additional toxicity 

tests, including chronic toxicity analyses. In addition to submitting the 

procedures report and test results to the addresses listed in Part I.B. of this 

permit, results shall be submitted to: 

CHIEF, CLEAN WATER REGULATORY BRANCH 

U.S. ENVIRONMENTAL PROTECTION AGENCY, REGION II 

290 BROADWAY - 24th FLOOR 

NEW YORK, NEW YORK 10007-1866 

4) The permittee shall notify the permitting authority in writing within 14 days of 

any violation of the chronic toxicity limitation. This notification shall 

describe actions the permittee has taken or will take to investigate, identify, 

and correct the causes of toxicity; the status of actions required by this permit; 

and schedule for actions not yet completed; or reason(s) that no action has 

been taken. 

h. Reopener Clause for Toxicity Requirements 

In accordance with 40 C.F.R. Parts 122 and 124, this permit may be reopened by EPA 

to include toxicity/treatability studies, additional effluent limitations, or other special 

conditions to address toxicity in the effluent or receiving water body. EPA may, upon 

review of technical data that supports an alternate toxicity test data evaluation method 

for this discharge, reopen the permit. 

22. Reopener Clause for Endangered Species Protection 

This permit may be modified or revoked and reissued based on the results of ESA section 

7 consultation with the U.S. Fish and Wildlife Service and National Marine Fisheries 

Service. 

__________________________ 
Part II 

Modified Page 22 of 41 

Permit No. PR0000591 

1. According to Article 1, Puerto Rico Water Quality Standards Regulation as Amended. 

2. According to Article 3, Puerto Rico Water Quality Standards Regulation as Amended. 

3. According to Article 5, Puerto Rico Water Quality Standards Regulation as Amended. 

4. According to Article 6, Puerto RicoWater Quality Standards Regulation as Amended. 

5. According to the Environmental Public Policy Act of September 22, 2004, Act No. 416, effective since 

March 22, 2005. 

6. According to the Section 405(d)(4) of Federal Clean Water Act, as amended (33 U.S.C. 466 et. seq.).

7. According to the Code of Federal Regulation Number 40 (40 CFR), Part 131.40, as amended (Federal 

Register/Volume 69, No. 16/Monday, January 26, 2004). 

 
Part I 

Page 1 of 41 

Permit No. PR0000591 

NPDES PERMIT NO. PR0000591 


AUTHORIZATION TO DISCHARGE UNDER THE 


NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM 


In compliance with the provisions ofthe Clean Water Act, as amended, 33 U.S.C. §1251 

et. seq. (the 

Bacardi Corporation 

PO Box 363549 

San Juan, Puerto Rico 00936 - 3549 

hereinafter referred to as "the permittee" is authorized to discharge from the following 

facility: 

Bacardi Corporation 

State Road No. 165, KID 2.6 

Industrial Area 

Catano, Puerto Rico 00632 

to receiving water 

Atlantic Ocean 

in accordance with effluent limitations, monitoring requirements and other conditions set 

forth in Parts I and II hereof. All references to Title 40 ofthe Code of Federal 

Regulations are to regulations that are in effect on the effective date ofthis permit, 

including all amendments thereto published in the Federal Register. Unless otherwise 

specified herein, all terms are defined as provided in the applicable regulations under 

Title 40 ofthe Code of Federal Regulations. 

permit shall become effective on December 1, 2011. 

This permit and the authorization to discharge shall expire at midnight, November 30, 

2016. 

Signed this 11fiy of SRI' fL,.. /,..vI 2tJ II 

Kevin 

L~-~ Bricke / 

Acting Directot 

Division of Environmental Planning 

and Protection 

U.S. Environmental Protection Agency 

Region 2 
Part I

Page 2 of 41

Permit No. PR0000591

A. EFFLUENT LIMITATIONS AND REQUIREMENTS

 TABLE A-1 EFFLUENT LIMITATIONS AND REQUIREMENTS

During the period beginning on December 1, 2011 and lasting through November 30, 2016, the permittee is authorized to discharge from outfall 

serial number 001 (treated process, sanitary, utility, and miscellaneous wastewater). Such discharge shall be limited and monitored by the permittee 

as specified below:

Effluent Characteristics Gross Discharge Limitations Monitoring Requirements

kg/day (lbs/day) Other Units (specified) Measurement 

Frequency

Sample Type

Monthly Avg. Daily Max. Monthly Avg. Daily Max.

Flow m3/day (MGD) 4,5 7,570.80 (2.0) Continuous Recording

BOD5 (mg/l) 1,2,3,4 α 17,700 Monthly Composite

Cadmium (Cd) (μg/l) 2,3,4 30.9 Monthly Grab

Color (Pt-Co units) 2,3,4 84,000 Monthly Grab

Copper (Cu) (μg/l) 2,3,4 3,293 Monthly Grab

Cyanide, Free (μg/l) 2,3,4 β γ 47 Monthly Grab

Dissolved Oxygen (mg/l) 1,2,3,4----- Daily Grab

Enterococci (colonies/100 ml) 1,2,4,7 30,667‡ Weekly Grab

Fecal Coliforms (colonies/100 ml) 1,2,4,7 244,420‡ Weekly Grab

Lead (Pb) (μg/l) 2,3,4 60.8 Monthly Grab

Mercury (Hg) (μg/l) 2,3,4 γ 0.68 Monthly Grab
Part I

Page 3 of 41

Permit No. PR0000591

 TABLE A-1 EFFLUENT LIMITATIONS AND REQUIREMENTS

During the period beginning on December 1, 2011 and lasting through November 30, 2016, the permittee is authorized to discharge from outfall 

serial number 001 (treated process, sanitary, utility, and miscellaneous wastewater). Such discharge shall be limited and monitored by the permittee 

as specified below:

Effluent Characteristics Gross Discharge Limitations Monitoring Requirements

kg/day (lbs/day) Other Units (specified) Measurement 

Frequency

Sample Type

Monthly Avg. Daily Max. Monthly Avg. Daily Max.

Nickel (Ni) (μg/l) 2,3,4 412 Monthly Grab

Nitrogen (NO3, NO2, NH3) (mg/l) 2,3,4 874.700 Monthly Grab

Oil and Grease (mg/l) 2,3,4 The waters of Puerto Rico shall be substantially free from floating 

non-petroleum oils and greases as well as petroleum derived oils and 

greases.

Twice per 

Month

Grab

pH (SU) 2,3,4 Shall always lie between 6.0 and 9.0. Daily Grab

Radioactive Materials (picocuries/l) 2,4 Grab

Silver (Ag) (μg/l) 2,3,4 30.4 Monthly Grab

Solids and Other Matter 2,4 The waters of Puerto Rico shall not contain floating debris, scum and 

other floating material attributable to discharges in amounts sufficient 

to be unsightly or deleterious to the existing or designated uses of the 

waterbody.

Sulfide (S) (μg/l) 2,3,4 δ 

(undissociated H2S)

89,007 Monthly Grab

Surfactants as MBAS 1,2,3,4 (μg/l) 1,494 Monthly Grab
Part I

Page 4 of 41

Permit No. PR0000591

 TABLE A-1 EFFLUENT LIMITATIONS AND REQUIREMENTS

During the period beginning on December 1, 2011 and lasting through November 30, 2016, the permittee is authorized to discharge from outfall 

serial number 001 (treated process, sanitary, utility, and miscellaneous wastewater). Such discharge shall be limited and monitored by the permittee 

as specified below:

Effluent Characteristics Gross Discharge Limitations Monitoring Requirements

kg/day (lbs/day) Other Units (specified) Measurement 

Frequency

Sample Type

Monthly Avg. Daily Max. Monthly Avg. Daily Max.

Suspended, Colloidal or 

Settleable Solids (ml/l) 1,2,3 #

Solids from wastewater sources shall not cause deposition in or be 

deleterious to the existing or designated uses of the waters.

Daily Grab

Taste and Odor Producing Substances 2Shall contain none in amounts that will render any undesirable taste or 

odor to edible aquatic life. 

Temperature F (C) 2,4

107.6 (42) Daily Grab

Thallium (TI) (μg/l) 2,3,4 45.8 Monthly Grab

Turbidity (NTU) 2,3,4 9,244 Monthly Grab

Zinc (Zn) (μg/l) 2,3,4 3213.00 Monthly Grab
Part I

Page 5 of 41

Permit No. PR0000591

TABLE A-1 Notes:

_____________________________

To comply with the monitoring requirements specified above, samples shall be taken at the outfall of discharge serial number 001.

All flow measurements shall achieve accuracy within the range of plus or minus 10%.

The wastewaters to be discharged from Bacardi Corporation, through the discharge point 001 are the following:

a. boiler blowdown, wash and 

extraction

b. mosto (distillation and fermentation)

c. clarification plant wash

d. cooling towers blowdowns and other

e. flavor steam traps

f. sulfur plant rinses and condensate

g. bottling plant wash

h. process washes

i. molasses unloading and seal flush

j. fermentation floor drains

k. distillery floor drains

l. barrel wash

m. cooling tower # 3 blowdown and 

washes

n. pump seals (anaerobic filters)

o. CO2 plant condensate and washes

p. sanitary plant (discharge 003)

q. process water treatment steam traps

The permittee shall implement a monthly monitoring program using the analytical method approved by EPA with the lowest possible 

detection level, in accordance with Section 6.2.3 of the PRWQSR as amended, for a one (1) year period, after which such monitoring shall be 

conducted annually. The monitoring program shall commence no later than thirty (30) days after the EQB’s written approval of the Quality 

Assurance Project Plan (QAPP). The QAPP must be submitted for evaluation and approval of EQB no later than thirty (30) days after the 

EDP. The results of the monitoring program shall be submitted to EQB and EPA-Region II no later than sixty (60) days of completion of the 

one year monitoring program. Based on the evaluation of the results obtained, EQB will determine if an effluent limitation is necessary for 

these parameters. In such case the WQC will be reopened to include the applicable effluent limitation if considered necessary.

EPA Addendum: the one year monitoring program must be completed and submitted by May 31, 2016.

α The effluent limitation for BOD5 is based on the Mixing Zone Application for the Puerto Rico Aqueduct and Sewer Authority (PRASA) 

Puerto Nuevo and Bayamón facilities, and the Bacardi Corporation, after determining that there is a reasonable assurance that this limit will 

not cause violations to the water quality standard for Dissolved Oxygen for Class SC.

γ See Special Condition 3.

β The samples shall be analyzed using the method approved by EPA in letter of February 20, 2007.
Part I

Page 6 of 41

Permit No. PR0000591

‡ The geometric mean of a series of representative samples (at least five samples) of the water taken sequentially in a given instance. The 

permittee shall notify EPA fourteen (14) days in advance of resuming operations following shutdown. During the commencement of 

operations and for the period twenty-one (21) days following start-up, bacteria limitations shall be as follows:

Daily Max. Measurement 

Frequency

Sample Type

Enterococci (colonies/100 ml) 1,2,4,7 382, 602‡ Weekly Grab

Fecal Coliforms (colonies/100 ml) 1,2,4,7 803,378 ‡ Weekly Grab

δ See Special Condition 5.

# The permittee shall perform the tests for Settleable Solids.

1, 2, 3, 4, 5, 6, and 7 See the endnotes to the Special Conditions
Part I

Page 7 of 41

Permit No. PR0000591

TABLE A-2 EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS

During the period beginning on December 1, 2011 and lasting through November 30, 2016 the permittee is authorized to discharge from internal 

monitoring point 002. Such discharge shall be limited and monitored by the permittee as specified below:

Effluent Characteristics Monitoring Requirements

Quarterly Rolling 

Average (QRA)*

Monthly Avg.

kg/day (lb/day)

Daily Maximum

kg/day (lb/day)

Measurement 

Frequency

Sample 

Type

Flow m3/day (MGD) ---- Continuous Recording

BOD5 30,000 (66,200) 42,400 (93,280) Weekly Composite

Total Suspended Solids (mg/l) 45,200 (99,440) 71,200 (156,640) Weekly Composite

Influent BOD5 Concentration (mg/l) Monitor influent BOD5 concentration on a weekly basis Weekly Composite

Effluent BOD5 Concentration (mg/l) Monitor influent BOD5 concentration on a weekly basis Weekly Composite

(A) Influent QRA BOD5 Concentration (mg/l)1 Calculate and report QRA Influent BOD5 concentration on a monthly basis.*

(B) QRA Influent BOD5 Loading (lb/day)2 Calculate and report QRA Influent BOD5 loading on a monthly basis.*

(C) QRA Effluent BOD5 Loading (lb/day)3 Calculate and report QRA Effluent BOD5 loading on a monthly basis.*

Tiered QRA Percentage Removal Requirement

When QRA Influent BOD5 Concentration 

(Row (A)) is 23,600 mg/l4

Calculate and report QRA Percentage Removal monthly. 

QRA Percentage Removal shall be no less than 70%

When QRA Influent BOD5 Concentration 

(Row (A)) is < 23,600 mg/l4 Calculate and report QRA Percentage Removal monthly.
Part I

Page 8 of 41

Permit No. PR0000591

Table A-2 Notes:

*

All Quarterly Rolling Averages (QRA) shall be calculated on a monthly basis, using the previous thirteen weekly results. Calculations shall be 

reported on a spreadsheet as a supplement to the DMR. This spreadsheet shall include all flow rates, concentrations, calculated loadings, and 

thirteen weeks of results used to calculated any QRA numbers.

1 The QRA Influent BOD5 Concentration to the anaerobic digesters shall be calculated over the previous thirteen weeks and reported. The 

calculated result will determine whether the limitation of a minimum of 70% removal rate applies. This value must be reported in the DMR.

2 The QRA Influent BOD5 Loading shall be calculated based on the influent concentration and the flow. This calculation must be included in the 

supplement to the DMR.

3 The QRA Effluent BOD5 Loading shall be calculated based on the effluent concentration and flow. This calculation must be included in the 

supplement to the DMR.

4 The QRA Percentage Removal for BOD5 shall be the calculated as the percentage difference between the QRA Influent BOD5 Loading (Row 

(B)) results, and the QRA Effluent BOD5 Loading results (Row (C)). This calculation shall be included in the supplement to the DMR. The 

calculated value shall be reported in the DMR.

Internal monitoring point 002 is in the vicinity of a flow measuring device after anaerobic treatment, and is designed to monitor only all effluent 

flows from the anaerobic digesters prior to mixing with any other waste streams.

Production data for the days of sampling for each month, in proof gallons per day, is required to be submitted with the DMR. 
Part I

Page 9 of 41

Permit No. PR0000591

TABLE A-3 EFFLUENT LIMITATIONS AND REQUIREMENTS

During the period beginning on December 1, 2011 and lasting through November 30, 2016, the permittee is authorized to discharge from outfall 

serial number 003 (treated sanitary wastewater). Such discharge shall be limited and monitored by the permittee as specified below:

Effluent Characteristics Gross Discharge Limitations Monitoring Requirements

Other Units (specified) Measurement 

Frequency

Sample 

Type

Monthly Avg. 7-day Average

Flow m3/day (MGD) ---- Continuous Recording

BOD5 (mg/l) * 30 45 Monthly Composite

Total Suspended Solids (mg/l) * 30 45 Monthly Composite

* The arithmetic mean of the values for effluent samples collected in a period of 30 consecutive days shall not exceed 15 percent of the arithmetic 

means of the values of influent samples collected at approximately the same time during the same period (85 percent removal).

To comply with the monitoring requirements specified above, samples shall be taken at sampling location 003 in the vicinity of the sanitary 

wastewater treatment plant (after disinfection and filtration). All flow measurements shall achieve accuracy within the range 10%.
PART I

Page 10 of 41 Pages

Permit No. PR0000591

B. SPECIAL CONDITIONS

The permittee shall comply with all Special Conditions specified below in accordance Section 

301(b)(1)(C) of the Act, as amended (33 U.S.C. 466 et seq.). Pursuant to Section 401 of the Act, EPA 

has established limitations, standards, and other permit conditions based on EQB’s Water Quality 

Certificate (WQC) as part of the Special Conditions. 

1. The flow of discharge 001 shall not exceed the limitation of 7,570.80 m3/day (2.0 MGD) as daily 

maximum. No increase in flow shall be authorized without a recertification from the Puerto Rico 

Environmental Quality Board (EQB). 1,4,5

2. No toxic substances shall be discharged, in toxic concentrations, other than those allowed as 

specified in the NPDES permit. Those toxic substances included in the Permit Renewal 

Application, but not regulated by the permit, shall not exceed those concentrations as specified in 

the applicable regulatory limitations. 1,2

3. The samples taken for the analysis of cyanide and mercury shall be analyzed using the analytic 

method approved by the Environmental Protection Agency (EPA) with the lowest possible 

detection level, in accordance with Section 6.2.3 of the Puerto Rico Water Quality Standards 

Regulation (PRWQSR), as amended. 4

4. All sample collection, preservation, and analysis shall be carried out in accordance with the Code 

of Federal Regulation (CFR) Number 40, Part 136. A licensed chemist authorized to practice the 

profession in Puerto Rico shall certify all chemical analyses. All bacteriological tests shall be 

certified by a licensed microbiologist or a medical technician authorized to practice the 

profession in Puerto Rico. 1,3

5. The permitee shall use the approved EPA analytical method, with the lowest possible detection 

limit, in accordance with 40 CFR Part 136 for Sulfide (as S). Also, the permitee shall complete 

the calculations specified in Method 4500-S

-2

F, Calculation of Un-ionized Hydrogen Sulfide, of 

Standards Methods 18th Edition, 1992, to determine the concentration of undissociated H2S. If 

the sample results of Dissolved Sulfide are below the detection limit of the approved EPA 

method established in the 40 CFR Part 136, then, the concentration of undissociated H2S should 

be reported as “below detection limit”. 2,3

6. The solid wastes (sludge, screenings and grit) generated due to the treatment system operation shall 

be:

a. Disposed in compliance with the applicable requirements established in the 40 CFR, Part 

257. A semiannual report shall be submitted to EQB and EPA notifying the method or 

methods used to dispose the solid wastes generated in the facility. Also, copy of the 

approval or permit applicable to the disposal method used shall be submitted, if any.

b. Transported adequately in such way that access is not gained to any body of water or soil. 

In the event of a spill of solid waste on land or into a body of water, the permittee shall 
PART I

Page 11 of 41 Pages

Permit No. PR0000591

notify the Point Sources Permits Division of EQB’s Water Quality Area in the following 

manners:

1) By telephone communication within a term no longer than twenty four (24) hours 

after the spill (787) 767-8073.

2) By letter, within a term no longer than five (5) days after the spill.

These notifications shall include the following information:

a) Spill material

b) Spill volume

c) Measures taken to prevent the spill material to gain access to any body of water

This special condition does not relieve the permittee from its responsibility to obtain the 

corresponding permits from the EQB’s Solids Wastes Program and other state and federal agencies, 

if any. 4,6

7. A log book should be kept for the material removed from the treatment system, such as sludge, 

screenings and grit, detailing the following items: 

a. Removed material, date and source of it.

b. Approximate volume and weight.

c. Method by which it is removed and transported.

d. Final disposal and location.

e. Person that offers the service. 

A copy of the Non-Hazardous Solid Waste Collection and Transportation Service Permit issued 

by the authorized official from the EQB should be attached to the log book. 3
PART I

Page 12 of 41 Pages

Permit No. PR0000591

8. The sludge produced within the facility due to the operation of the treatment system shall be 

analyzed and all constituents shall be identified as required by “Standards for the Use or 

Disposal of Sewage Sludge” (CFR Number 40, Part 503). The sludge shall be disposed properly 

in such manner that water pollution or other adverse effects to surface waters or to ground water 

do not occur. 4,6

9. If any standard or prohibition to the sanitary sludge disposal is promulgated and said prohibition 

or standard is more stringent than any condition, restriction, prohibition or standard contained in 

the NPDES permit, such permit shall be modified accordingly or revoked and reissued to be 

adjusted with regard to such prohibition or standard. 6

10. No changes in the design or capacity of the treatment system will be permitted without the 

previous authorization of EQB. 5

11. Prior to the construction of any additional treatment systems or prior to the modification of the 

existing one, the permittee shall obtain the approval of the engineering report, plans and 

specifications from EQB. 5

12. The permittee shall install, maintain and operate all water pollution control equipment in such 

manner as to be in compliance with the applicable Rules and Regulations. 1,4

13. The flow measurement device for the discharge 001 shall be periodically calibrated and properly 

maintained. Calibration and maintenance records must be kept in compliance with the applicable 

Rules and Regulations. 4,5

14. The sampling point for discharge 001 shall be located immediately after the primary flow 

measuring device of the effluent of facility.

15. The sampling point for discharge 001 shall be labeled with a 18 inches x 12 inches (minimum 

dimensions) sign that reads as follows: 

"PUNTO DE MUESTREO PARA LA DESCARGA 001"

16. All water or wastewater treatment facilities, whether publicly or privately owned, must be 

operated by a person licensed by the Potable Water and Wastewater Treatment Plants Operators 

Examining Board of the Commonwealth of Puerto Rico. 4

17. The EQB has defined and authorized a Mixing Zone (MZ) pursuant to Article 5 of the PRWQSR. 3

a. The MZ is delineated by the following points (See Diagram-I):
PART I

Page 13 of 41 Pages

Permit No. PR0000591

DIAGRAM – 1: Bacardi Corporation Mixing Zone

Geographic Coordinates *

Point 1 Lat. 18o 29.181'

Long. 66o 08.518'

Point 2 Lat. 18o 29.202' 

Long. 66o 08.503'

Point 3 Lat. 18o 29.100

Long. 66o 08.340'

Point 4 Lat. 18o 29.097'

Long. 66o 08.150'

Point 5 Lat. 18o 29.072'

Long. 66o 08.150'

Point 6 Lat. 18o 29.075'

Long. 66o 08.348'

* NAD 83 State Plane Coordinates

The discharge is through a high-rate, Y-shaped diffuser consisting of two (2) legs that are each 

1,010 ft (308 m) in length and a constant 84-inch diameter. The west leg of the diffuser has 100 

1

2

 5

4

3

6

BG
PART I

Page 14 of 41 Pages

Permit No. PR0000591

bell- mouthed ports and the east leg of the diffuser has 102 bell-mouthed ports, each at 15 degrees 

from the horizontal. There are a total of 202 ports. On the west diffuser leg, there are 80 inshore 

ports that have a diameter of 6 in (15.2 cm),19 offshore ports that have a diameter of 7 in (17.8 cm), 

and 1 10-inch (25.4 cm) port. On the east diffuser leg, there are 81 inshore ports that have a 

diameter of 6 in (15.2 cm), 20 offshore ports that have a diameter of 7 in (17.8 cm), and 1 10-inch 

port. The ports discharge on alternating sides of the diffuser and are evenly spaced at 10 ft (3.05 m) 

intervals. The diffuser is currently operated with all 202 ports open.

b. The MZ is defined for the following parameters: 

Parameter

Daily Maximum 

Discharge

Limitation at Outfall 

Serial Number 001

Daily Maximum 

Limitation at

the Borders 

of the MZ

Cadmium (Cd) (μg/l) 30.90 8.85

Color (Pt-Co) 84,000 1

Copper (Cu) (μg/l) 3,293 3.73

Cyanide, Free (CN) (μg/l) 47 1.0

Dissolved Oxygen (mg/l) Monitoring Only ≥4.0

Enterococci (col/100 ml) 30,667 ‡*

Fecal Coliforms (col/100 ml) 244,420 ‡**

Lead (Pb) (μg/l) 60.8 8.52

Mercury (Hg) (μg/l) 0.68 0.051

Nickel (Ni) (μg/l) 412 8.28

Nitrogen (NO2, NO3, NH3) (mg/l) 847.700 5.000

pH (SU) 6.0 - 9.0 7.3 - 8.5

Silver (Ag) (μg/l) 30.4 2.24

Sulfide (μg/l) (undissociated H2S) 89,007 2

Surfactants (MBAS) (μg/l) 1,494 500

Temperature F ( C) 107.6 (42) δ2

Thallium (TI) (μg/l) 45.8 0.47

Turbidity (NTU) 9,244 10

Zinc (Zn) (μg/l) 3,213.00 85.62

‡ The geometric mean of a series of representative samples (at least five samples) 

of the water taken sequentially in a given instance.

 

 The color at the edge of the mixing zone shall not exceed the color of the receiving water body.

δ No heat may be added to the waters of Puerto Rico, which would cause the temperature of any site to exceed 90oF (32.2oC).
PART I

Page 15 of 41 Pages

Permit No. PR0000591

EPA Addendum to 17b: 

EPA had revised the limitations for fecal coliform and bacteria for Outfall 001 to 

be consistent with current existing effluent quality during normal operations. 

During the period for three weeks (21 days) following resuming operations after a 

shutdown, the limitations for bacteria shall be:

Parameter

Daily Maximum 

Discharge

Limitation at Outfall 

Serial Number 001

Daily Maximum 

Limitation at

the Borders 

of the MZ

Enterococci (col/100 ml) 382,602 ‡*

Fecal Coliforms (col/100 ml) 803,378 ‡**

* The enterococci density in terms of geometric mean of at least 5 representative 

samples taken sequentially shall not exceed 35/100 ml. No single sample should 

exceed the upper confidence limit of 75% using 0.7 as the log standard deviation 

until sufficient site data exist to establish a site-specific log standard deviation.

** The Fecal Coliforms geometric mean of a series of representative samples (at 

least five samples) of the water taken sequentially in a given instance shall not 

exceed 200 colonies/100 ml. Not more than 20 percent of the samples shall 

exceed 400 colonies/100 ml.

c. The permittee shall conduct annually definitive acute and chronic toxicity tests using the 

organisms Mysidopsis bahia, and Cyprinodon variegatus and chronic toxicity tests using 

Arbacia punctulata for the wastewater discharge identified as 001.

d. The toxicity test shall be conducted according to the most recent editions of the following 

publications of EPA:

1) Methods for Measuring the Acute Toxicity of Effluents and Receiving Waters to 

Freshwater and Marine Organisms, (EPA-821-R-02-012) Fifth Edition, October 

2002.

2) Short Term Methods for Estimating the Chronic Toxicity of Effluents and Receiving 

Waters to Marine and Estuarine Organisms, (EPA-821-R-02-014) Third Edition, 

October 2002.
PART I

Page 16 of 41 Pages

Permit No. PR0000591

e. The procedures, methods, techniques, conditions, etc., included in the above mentioned 

publications shall be followed at all times. If the permittee wants to use other procedures, 

methods, etc., because he understands that:

1) by the nature or conditions of this case is impossible to follow such publications;

2) other procedures, methods, etc., are adequate;

then the permittee shall, prior to the utilization of other procedures, methods, etc., obtain the 

EPA and EQB written approval for their usage.

f. The effluent samples for the toxicity tests shall be used in or before 36 hours after being 

collected.

g. A report on the toxicity tests conducted shall be submitted to the EQB, during the sixty (60) 

days period after the tests were conducted. This report shall be prepared according to the 

aforementioned publications of EPA.

h. Based on the review of the test results, the EQB can require additional toxicity tests, 

including toxicity/treatability studies and can revoke the final mixing zone authorization 

according with Section 5.14 of the PRWQSR.

i. Solids from wastewater sources shall not cause deposition in, or be deleterious to, the 

designated uses of the waters.

j. The discharge shall not cause the growth or propagation of organisms that negatively disturb 

the ecological equilibrium in the areas adjacent to the mixing zone.

k. The mixing zone shall be free of debris, scum, floating oil and any other substances that 

produce objectionable odors.

l. The permittee shall maintain in good operating conditions the discharge system discharge 

outfall (land and submarine), diffuser, ports, etc. ]. At least once a year, the discharge 

system shall be inspected to determine if some repairs, replacing, etc., on the discharge 

system is required. A report of such inspections shall be submitted to EPA and EQB not 

later than sixty (60) days after the performance of the inspection.

m. The EQB, can require that the permittee conduct bioaccumulation studies, dye studies, water 

quality studies or any other pertinent studies. If the EQB require one or more of the 

aforementioned studies, the permittee will be notified to conduct such study(ies). One 

hundred and twenty (120) days after the notification of the EQB, the permittee shall submit, 

for evaluation and approval of the EQB, a protocol to conduct such study(ies). Sixty (60) 

days after the EQB approval, the permittee shall initiate such study(ies). Ninety (90) days 

after conducting such study(ies), the permittee shall submit a report that includes the results 

of such study(ies).
PART I

Page 17 of 41 Pages

Permit No. PR0000591

n. The permittee shall conduct a dye study to verify the Critical Initial Dilution and the plume 

behavior within the mixing zone. The dye study shall be conducted ninety (90) days after 

the written approval of the corresponding Protocol and Quality Assurance Project Plan 

(QAPP). Such Protocol and QAPP shall be submitted to EQB ninety (90) days after the 

EDP. This study shall consist of at least one set of the required samples, as established in 

the QAPP for a complete sampling event.

o. The authorization for the mixing zone will not be transferable and does not convey any 

property rights of any sort or any exclusive privileges, nor it authorizes any injury to persons 

or property or invasion of other private rights, of any infringement of Federal or State Law 

or Regulations.

18. Whole Effluent Toxicity Requirements

a. The permittee shall conduct quarterly chronic toxicity tests on flow-weighted 24-hour 

composite effluent samples of the combined Bacardi, PRASA Puerto Nuevo, and PRASA 

Bayamón discharges (referred herein as “combined discharge”) for fertilization of 

Arbacia Punctulata. Once each calendar year, the permittee shall split a 24-hour 

composite effluent sample and concurrently conduct acute and chronic toxicity tests 

using Mysidopsis bahia and Cyprinodon variegatus in addition to Arbacia punctulata

fertilization test. The testing on this split sample, in addition to the Arbacia Punculata

test for that quarter would satisfy the annual toxicity monitoring requirement of Special 

Condition 17. 

The permittee shall also conduct quarterly chronic toxicity tests on 24-hour composite 

effluent samples of solely the Bacardi effluent, taken at Bacardi Discharge Point 001, for 

fertilization of Arbacia Punctulata. During years 1, 3, and 5 of the permit, a split of each 

quarterly composite sample shall be also analyzed for all other monitored parameters for 

Bacardi effluent from Bacardi Discharge Point 001.

b. Effluent Limitation:

No test result for any species or effect in the combined discharge shall be greater than 83.32 

TUc.

This permit requires additional toxicity testing if a chronic toxicity effluent limit is violated. The 

permittee shall notify EPA in writing within fourteen days of the permittee’s receipt of results 

violating this effluent limitation.

c. TRE Workplan

No later than March 1, 2012, the permittee shall prepare and submit a Toxicity Reduction 

Evaluation (TRE) Workplan to EPA Region 2. This plan shall include steps the permittee 
PART I

Page 18 of 41 Pages

Permit No. PR0000591

intends to follow if toxicity is measured above the chronic toxicity effluent limitation is violated 

and must include, at a minimum:

1) A description of the investigation and evaluation techniques that would be used to 

identify potential causes and sources of toxicity, effluent variability, and treatment 

system efficiency.

2) A description of methods for maximizing in-house treatment system efficiency, 

good housekeeping practices, and a list of all chemicals used in operations at the 

facility.

3) Potential actions to be undertaken by the permittee to investigate, identify, and 

correct the causes, and prevent the recurrence of toxicity.

1) Identification of responsible persons/parties for conducting the TRE.

2) Potential source reduction measures and pollution prevention opportunities to 

reduce toxicity. 

d. Accelerated Toxicity Testing and Commencement of TRE 

1) If the combined discharge displays a chronic toxicity result violating the effluent 

limitation, then the permittee shall conduct six additional toxicity tests of the 

combined discharge for all three plants using the same species and test method, 

every two weeks, over a 12 week period. The permittee shall also split the sample 

and perform testing for the species in question on solely the Bacardi effluent 

taken from Outfall 001, for each of these six test results. 

2) Accelerated testing shall begin within 14 days of the permittee’s receipt of test 

results violating the effluent limit. If none of the additional toxicity tests exceeds 

a chronic toxicity effluent limit, then the permittee may return to its regular 

testing frequency for both the combined discharge and solely Bacardi effluent. 

All laboratory test results shall be submitted to EPA and EQB within 30 days of 

receipt by the permittee, as required in item f.3 of this Special Condition.

3) If one of the additional toxicity tests for the combined discharge (in paragraph d.1 

of this condition) exceeds a toxicity effluent limit, then, within 14 days of receipt 

of this test result, the permittee shall initiate the TRE workplan prepared in 

compliance with paragraph c of this special condition. The TRE shall use the 

same species and test method as that of the observed exceedance. The TRE may 

be performed in conjunction with the PRASA Puerto Nuevo and Bayamón 

facilities. The permittee shall use the following guidance manuals:

A) Toxicity Reduction Evaluation Guidance for Municipal Wastewater 

Treatment Plants (EPA 833-B-99-002, 1999)
PART I

Page 19 of 41 Pages

Permit No. PR0000591

B) Generalized Methodology for Conducting Industrial Toxicity Reduction 

Evaluations (EPA/600/2-88/070, 1989). 

4) The permittee may also use the following manuals for Toxicity Identification 

Evaluation to identify the causes of toxicity:

A) Toxicity Identification Evaluation: Characterization of Chronically Toxic 

Effluents, Phase I (EPA/600/6-91/005F, 1992); 

B) Methods for Aquatic Toxicity Identification Evaluations, Phase II Toxicity 

Identification Procedures for Samples Exhibiting Acute and Chronic 

Toxicity (EPA/600/R-92/080, 1993); 

C) Methods for Aquatic Toxicity Identification Evaluations, Phase III 

Toxicity Confirmation Procedures for Samples Exhibiting Acute and 

Chronic Toxicity (EPA/600/R-92/081, 1993); and 

D) Marine Toxicity Identification Evaluation (TIE): Phase I Guidance 

Document (EPA/600/R-96-054, 1996).

5) The trigger or performance of a TRE shall not relieve the permittee of its 

responsibilities to conduct WET monitoring in compliance with Section a. of this 

Special Condition. The permittee must also continue to comply with the reporting 

requirements of item f.3 of this Special Condition for all test results in compliance 

with this permit and progress reports on the TRE process.

6) The trigger or performance of accelerated monitoring shall not relieve the 

permittee of its responsibilities to conduct WET monitoring in compliance with 

Section a. of this Special Condition. The permittee must also submit test results 

within 30 days after the permittee's receipt of the laboratory reports for 

accelerated monitoring in order to comply with the reporting requirements of item 

f.3 of this Special Condition. Test results that were received by the permittee due 

to accelerated monitoring may be used to satisfy the requirements of Section a. of 

this Special Condition, provided that all requirements of Section a. (including 

species, test type, frequency, timing, and sample requirements) are met.

e. Test Methods

1) Acute Toxicity Testing

A) The acute toxicity tests shall be conducted in accordance with the EPA 

publication, EPA-821-R-02-012 Methods for Measuring the Acute 

Toxicity of Effluents and Receiving Waters to Freshwater and Marine 
PART I

Page 20 of 41 Pages

Permit No. PR0000591

Organisms (Fifth Edition), October 2002, or the most recent edition of this 

publication, if such edition is available.

B) The tests shall provide a measure of the acute toxicity as determined by 

the wastewater concentration, which cause 50 percent mortality of the 

organisms over a 48 hour period. Test results shall be expressed in terms 

of Lethal Concentration (LC) and reported as 48 hour LC50.

C) The test species shall be the Mysidopsis Bahia (mysid shrimp) and 

Cyprinidon Variegatus (sheepshead minnow). The tests shall be static 

renewal type.

2) Chronic Toxicity Testing

A) The chronic toxicity tests shall be conducted in accordance with EPA 

publication, EPA-821-R-02-013 Short Term Methods for Estimating the 

Chronic Toxicity of Effluents and Receiving Waters to Marine and 

Estuarine Organisms, Fourth Edition, October 2002.

B) The tests shall report the No Observable Effects Concentration (NOEC), 

the Low Observable Effects Concentration (LOEC), the calculated 

inhibition concentration of 25% (IC25), and the effects reported at each 

concentration tested in the dilution series. The dilution series 

concentrations shall be chosen to bracket the approximate expected IC25 

results, in order to accurately depict the toxic effects of the sample. 

C) The chronic toxicity tests shall be survival, growth, and fecundity the 

Mysidopsis Bahia (mysid shrimp), survival and growth for the Cyprinidon 

Variegatus (sheepshead minnow), and fertilization of Arbacia Punctulata

(sea urchin). The tests shall be static renewal type.

D) If either the reference toxicant or effluent toxicity tests do not meet all test 

acceptability criteria in the test methods manual, then the permittee must 

resample and retest within 14 days.

f. Reporting of Chronic Toxicity Monitoring Results

1) A procedure report shall be submitted to EPA and EQB by March 1, 2012. The 

following information shall be included in the procedure report:

A) An identification of the organizations responsible for conducting the test 

and the species to be tested.
PART I

Page 21 of 41 Pages

Permit No. PR0000591

B) A detailed description of the methodology to be utilized in the conduct of 

the tests, including equipment, sample collection, dilution water and 

source of test organisms.

C) A schematic diagram which depicts the effluent sampling location. The 

diagram shall indicate the location of effluent sampling in relation to 

wastewaters treatment facility and discharge monitoring point.

2) For any toxicity testing event, a full laboratory report shall be submitted and shall 

include: the toxicity test results in NOEC, LOEC, IC25, and the results reported at 

each effluent dilution. The results shall be reported according to the test methods 

manual chapter on report preparation and test review; the dates of sample 

collection and initiation of each toxicity test; all results for effluent parameters 

monitored concurrently with the toxicity test(s); and progress reports on TRE/TIE 

investigations.

3) Full laboratory reports of analytical results shall be submitted to EPA Region II 

and EQB within thirty (30) days of completion of each test. Based on a review of 

the test results, EPA or the EQB may require additional toxicity tests, including 

chronic toxicity analyses. In addition to submitting the procedures report and test 

results to the addresses listed in Part I.B. of this permit, results shall be submitted 

to: 

CHIEF, CLEAN WATER REGULATORY BRANCH 

U.S. ENVIRONMENTAL PROTECTION AGENCY, REGION II 

290 BROADWAY - 24th FLOOR 

NEW YORK, NEW YORK 10007-1866 

4) The permittee shall notify the permitting authority in writing within 14 days of 

any violation of the chronic toxicity limitation. This notification shall describe 

actions the permittee has taken or will take to investigate, identify, and correct the 

causes of toxicity; the status of actions required by this permit; and schedule for 

actions not yet completed; or reason(s) that no action has been taken.

g. Reopener Clause for Toxicity Requirements

In accordance with 40 CFR Parts 122 and 124, this permit may be reopened by EPA to 

include toxicity/treatability studies, additional effluent limitations, or other special 

conditions to address toxicity in the effluent or receiving water body.

19. Reopener Clause for Endangered Species Protection

This permit may be modified or revoked and reissued based on the results of ESA section 7 

consultation with the U.S. Fish and Wildlife Service and National Marine Fisheries Service.
PART I

Page 22 of 41 Pages

Permit No. PR0000591

__________________________

1. According to Article 1, Puerto Rico Water Quality Standards Regulation as Amended.

2. According to Article 3, Puerto Rico Water Quality Standards Regulation as Amended.

3. According to Article 5, Puerto Rico Water Quality Standards Regulation as Amended.

4. According to Article 6, Puerto RicoWater Quality Standards Regulation as Amended.

5. According to the Environmental Public Policy Act of September 22, 2004, Act No. 416, effective 

since March 22, 2005.

6. According to the Section 405(d)(4) of Federal Clean Water Act, as amended (33 U.S.C. 466 et. 

seq.).

7. According to the Code of Federal Regulation Number 40 (40 CFR), Part 131.40, as amended 

(Federal Register/Volume 69, No. 16/Monday, January 26, 2004).
PART I

Page 23 of 41 Pages

Permit No. PR0000591

C. MONITORING AND REPORTING

1. Monitoring and records. See Part II.C.10.

 

2. Discharge monitoring reports.

 

a. See Part II.C.12.d.

 

b. Monitoring results obtained during the previous month shall be summarized and reported on 

a Discharge Monitoring Report Form (EPA No. 3320-1), postmarked no later than the 28th 

day of the month following the completed reporting period. The first report is due on

January 28, 2012. Duplicate signed copies of these, and all other reports required herein, 

shall be submitted to the Regional Administrator and State Director at the following 

addresses:

COMPLIANCE ASSISTANCE 

 PROGRAM SUPPORT BRANCH

U.S. ENVIRONMENTAL PROTECTION 

AGENCY, REGION 2

290 BROADWAY - 21ST FLOOR

NEW YORK, NEW YORK 10007-1866

DIRECTOR

CARIBBEAN ENVIRONMENTAL 

PROTECTION DIVISION

U.S. ENVIRONMENTAL PROTECTION 

 AGENCY, REGION 2

EDIF CENTRO EUROPA STE 417

1492 AVENIDA PONCE DE LEON

SAN JUAN, PUERTO RICO 00907-4127

ENVIRONMENTAL QUALITY BOARD 

 OF PUERTO RICO

P.O. BOX 11488

SANTURCE, PUERTO RICO 00910

 

3. Twenty-four hour reporting. 

Pollutants for which the permittee must report violations of maximum daily discharge limitations 

under paragraph 12.f of Part II.B (40 CFR §122.41(1)(6)(ii)(C)) (24 hour reporting) shall be listed 

in the permit as included in Table A-1.

4. Additional reporting requirements. 

Existing manufacturing, commercial, mining, and silvicultural dischargers. In addition to the 

reporting requirements under 40 C.F.R. §122.41(1), all existing manufacturing, commercial, 

mining, and silvicultural dischargers must notify the Director as soon as they know or have reason 

to believe:
PART I

Page 24 of 41 Pages

Permit No. PR0000591

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

routine or frequent basis, of any toxic pollutant which is not limited in the permit, if that 

discharge will exceed the highest of the following "notification levels":

 

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

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

hundred micrograms per liter (500 ug/l) for 2, 4-dinitrophenol and for 2-methyl-4, 

6-dinitrophenol; and one milligram per liter (1 mg/l) for antimony;

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

permit application in accordance with 40 C.F.R. §122.21(g)(7); or

(4) The level established as follows by the Director in accordance with 40 C.F.R.

§122.44(f): Not Applicable

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

non-routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if 

that discharge will exceed the highest of the following "notification levels": 

 

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

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

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

permit application in accordance with 40 C.F.R. §122.21(g)(7); or

(4) The level established as follows by the Director in accordance with 40 C.F.R.

§122.44(f): Not Applicable
PART II

Page 25 of 41 Pages

Permit No. PR00000591

A. DEFINITIONS

1. "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.

2. "Average weekly discharge limitation" means the highest allowable average of "daily 

discharges" over a calendar week, calculated as the sum of all daily discharges measured 

during a calendar week divided by the number of daily discharges measured during that 

week.

3. "Bypass" means the intentional diversion of waste streams from any portion of a 

treatment facility.

4. "Composite" means a combination of individual (or continuously taken) samples 

obtained at regular intervals over the entire discharge day. The volume of each sample 

shall be proportional to the discharge flow rate. For a continuous discharge, a minimum 

of 24 individual grab samples (at hourly intervals) shall be collected and combined to 

constitute a 24-hour composite sample. For intermittent discharges of more than four (4) 

hours duration, grab samples shall be taken at a minimum of 30 minute intervals.

5. "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 pollutants with limitations expressed in units of mass, the "daily discharge" is 

calculated as the total mass of the pollutant discharge over the day. For pollutants with 

limitations expressed in other units of measurement, the "daily discharge" is calculated as 

the average measurement of pollutant over the day. For purposes of sampling, "daily" 

means an operating day or 24-hour period.

6. "Director" means the "Regional Administrator" or the "State Director", as the context 

requires, or an authorized representative. Until the State has an approved State program 

authorized by EPA under 40 C.F.R. Part 123, "Director" means the Regional 

Administrator. When there is an approved State program, "Director" normally means the 

State Director. Even in such circumstances, EPA may retain authority to take certain 

action (see, for example, 40 C.F.R. 123.1(d), 45 Federal Register 14178, April 1, 1983, 

on the retention of jurisdiction over permits EPA issued before program approval). If any 

condition of this permit requires the reporting of information or other actions to both the 

Regional Administrator and the State Director, regardless of who has permit-issuing 

authority, the terms "Regional Administrator" and "State Director" will be used in place 

of "Director".
PART II

Page 26 of 41 Pages

Permit No. PR00000591

7. "Discharge Monitoring Report" or "DMR" means the EPA uniform national form, 

including any subsequent additions, revisions, or modifications, for the reporting of 

self-monitoring results by permittees.

8. "Grab" means an individual sample collected in less than 15 minutes.

9. "Gross" means the weight or the concentration contained in the discharge. (Unless a 

limitation is specified as a net limitation, the limitation contained in this permit is a gross 

limitation).

10. "Maximum daily discharge limitation" means the highest allowable "daily discharge".

11. "Monthly" means one day each month (the same day each month) and a normal operating 

day (e.g., the 2nd Tuesday of each month).

12. "Net" means the amount of a pollutant contained in the discharge measured in appropriate 

units as specified herein, less the amount of a pollutant contained in the surface water 

body intake source, measured in the same units, over the same period of time, provided:

a. The intake water source must be drawn for the same body of water into which the 

discharge is made; and

b. In cases where the surface water body intake source is pretreated for the removal 

of pollutants, the intake level of a pollutant to be used in calculating the net is that 

level contained after the pretreatment steps.

13. "Regional Administrator" means the Regional Administrator of Region II of EPA or the 

authorized representative of the Regional Administrator.

14. "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.

15. "State Director" means the chief administrative officer of the State water pollution 

control agency, or the authorized representative of the State Director.

16. "Toxic pollutant" means any of the pollutants listed in 40 C.F.R. §401.15 (45 F.R. 44503, 

July 30, 1979) and any modification to that list in accordance with Section 307 (a)(1) of 

the Clean Water Act.
PART II

Page 27 of 41 Pages

Permit No. PR00000591

17. "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 preventive maintenance, or careless or 

improper operation.

18. "Weekly" means every seventh day (the same day of each week) and a normal operating 

day.
PART II

Page 28 of 41 Pages

Permit No. PR00000591

B. GENERAL CONDITIONS

TABLE OF REGULATORY REFERENCES FOR GENERAL CONDITIONS 

Note: General Condition language in Part II, Sections B.1 through B.14, and B.17 is based on 

the July 1, 2010 Code of Federal Regulations (C.F.R.). Reference to language in the 

U.S.C. (United States Code) is based on the date of permit issuance. 

Section Section Title Reference

B.1. Duty to Comply 40 C.F.R. §122.41(a)

B.2. Duty to Reapply 40 C.F.R. §122.41(b)

B.3. Need to Halt or Reduce not a Defense 40 C.F.R. §122.41(c)

B.4. Duty to Mitigate 40 C.F.R. §122.41(d)

B.5. Proper operation and maintenance 40 C.F.R. §122.41(e)

B.6. Permit actions 40 C.F.R. §122.41(f)

B.7. Property rights 40 C.F.R. §122.41(g)

B.8. Duty to provide information 40 C.F.R. §122.41(h)

B.9. Inspection and Entry 40 C.F.R. §122.41(i)

B.10. Monitoring and records 40 C.F.R. §122.41(j)

B.11. Signatory requirements 40 C.F.R. §122.41(k)

B.12. Reporting Requirements 40 C.F.R. §122.41(l)

B.13. Bypass 40 C.F.R. §122.41(m)

B.14. Upset 40 C.F.R. §122.41(n)

B.15. Removed substances 33 U.S.C. §1311

B.16. Oil and hazardous substance liability 33 U.S.C. §1321

B.17. Reopener clause for toxic effluent limitations 40 C.F.R. §122.44(b)(1)

B.18. State laws 33 U.S.C. §1370

B.19. Availability of information 33 U.S.C. §1318

B.20. Severability -
PART II

Page 29 of 41 Pages

Permit No. PR00000591

1. Duty to Comply.

 

a. The permittee must comply with all conditions of this permit. Any permit 

noncompliance constitutes a violation of the Clean Water Act and is grounds for 

enforcement action; for permit termination, revocation and reissuance, or modification; or 

for denial of a permit renewal application.

b. The permittee shall comply with effluent standards or prohibitions established under 

section 307(a) of the Clean Water Act for toxic pollutants and with standards for sewage 

sludge use or disposal established under section 405(d) of the Clean Water Act within the 

time provided in the regulations that establish these standards or prohibitions or standards 

for sewage sludge use or disposal, even if the permit has not yet been modified to 

incorporate the requirement.

c. The Clean Water Act provides that any person who violates section 301, 302, 306, 307, 

308, 318 or 405 of the Clean Water Act, or any permit condition or limitation 

implementing any such sections in a permit issued under section 402, or any requirement 

imposed in a pretreatment program approved under sections 402(a)(3) or 402(b)(8) of the 

Clean Water Act, is subject to a civil penalty not to exceed $37,500 per day for each 

violation (as adjusted by 40 C.F.R. Part 19).

d. The Clean Water Act provides that any person who negligently violates Sections 301, 

302, 306, 307, 308, 318, or 405 of the Clean Water Act, or any permit condition or 

limitation implementing any such sections in a permit issued under section 402 of the 

Clean Water Act, or any requirement imposed in a pretreatment program approved under 

section 402(a)(3) or 402(b)(8) of the Clean Water Act, is subject to criminal penalties of 

not less than $2,500 nor more than $25,000 per day of violation, or imprisonment of not 

more than 1 year, or both. In the case of a second or subsequent conviction for a 

negligent violation of the Clean Water Act, a person shall be subject to criminal penalties 

of not more than $50,000 per day of violation, or by imprisonment of not more than 2 

years, or both.

e. The Clean Water Act provides that any person who knowingly violates Sections 301, 

302, 306, 307, 308, 318, or 405 of the Clean Water Act, or any permit condition or 

limitation implementing any of such sections in a permit issued under section 402 of the 

Clean Water Act, or any requirement imposed in a pretreatment program approved under 

section 402(a)(3) or 402(b)(8) of the Clean Water Act, is subject to criminal penalties of 

not less than $5,000 nor more than $50,000 per day of violation, or imprisonment for not 

more than 3 years, or both. In the case of a second or subsequent conviction for a 

knowing violation of the Clean Water Act, a person shall be subject to criminal penalties 
PART II

Page 30 of 41 Pages

Permit No. PR00000591

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

years, or both.

f. Any person who knowingly violates Sections 301, 302, 303, 306, 307, 308, 318 or 405 of 

the Clean Water Act, or any permit condition or limitation implementing any of such 

sections in a permit issued under section 402 of the Clean Water Act, and who knows at 

that time that he thereby places another person in imminent danger of death or serious 

bodily injury, shall, upon conviction, be subject to a fine of not more than $250,000 or 

imprisonment of not more than 15 years, or both. A person which is an organization, as 

defined at 33 U.S.C. 309(c)(3)(B)(iii), shall, upon conviction be subject to a fine of not 

more than $1,000,000. In the case of a second or subsequent conviction for a knowing 

endangerment violation of the Clean Water Act, the maximum punishment shall be 

doubled with respect to both fine and imprisonment.

g. Any person who knowingly makes any false material statement, representation, or 

certification in any application, record, report, plan, or other document filed or required 

to be maintained under the Clean Water Act or who knowingly falsifies, tampers with, or 

renders inaccurate any monitoring device or method required to be maintained under this 

chapter, shall upon conviction, be punished by a fine of not more than $10,000, or 

imprisonment for not more than 2 years, or both. In the case of a second or subsequent 

conviction, under this paragraph, punishment shall be by a fine of not more than $20,000 

per day of violation, or by imprisonment of not more than 4 years, or both.

h. Any person may be assessed an administrative penalty by the Administrator for violating 

section 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or 

limitation implementing any of such sections in a permit issued under section 402 of this 

Act. Administrative penalties for Class I violations are not to exceed $16,000 per 

violation (as adjusted by 40 C.F.R. Part 19), with the maximum amount of any Class I 

penalty assessed not to exceed $37,500 (as adjusted by 40 C.F.R. Part 19). Penalties for 

Class II violations are not to exceed $16,000 per day for each day during which the 

violation continues (as adjusted by 40 C.F.R. Part 19), with the maximum amount of any 

Class II penalty not to exceed $177,500 (as adjusted by 40 C.F.R. Part 19).

2. Duty to Reapply. 

This permit and the authorization to discharge shall terminate on the expiration date indicated on 

the first page. In order to receive authorization to discharge after the expiration date of this 

permit, the permittee must apply for and obtain a new permit. If the permit issuing authority 

remains EPA, the permittee shall complete, sign, and submit an application to the Regional 

Administrator no later than 180 days before the expiration date.
PART II

Page 31 of 41 Pages

Permit No. PR00000591

3. Need to Halt or Reduce 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 this permit.

4. Duty to Mitigate. 

The permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use 

or disposal in violation of this permit which has a reasonable likelihood of adversely affecting 

human health or the environment.

5. 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. This 

provision requires the operation of back-up or auxiliary facilities or similar systems which are

installed by a permittee only when the operation is necessary to achieve compliance with the 

conditions of the permit.

6. Permit Actions

 

This permit may be modified, revoked and reissued, or terminated during its term pursuant to 

40 C.F.R. Part 122, Subpart D. The filing of a request by the permittee for a permit 

modification, revocation and reissuance, or termination, or a notification of planned changes or 

anticipated noncompliance does not stay any permit condition.

7. Property Rights

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

8. Duty to Provide Information

The permittee shall furnish to the Director, within a reasonable time, any information which the 

Director may request to determine whether cause exists for modifying, revoking and reissuing, or 

terminating 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. 
PART II

Page 32 of 41 Pages

Permit No. PR00000591

9. Inspection and Entry 

The permittee shall allow the Director, or an authorized representative (including an authorized 

contractor acting as a representative of the Administrator), upon presentation of credentials and 

other documents as may be required by law, to:

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

conducted, 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 Clean Water Act, any substances or parameters at any 

location. 

10. Monitoring and records.

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

the monitored activity.

b. Except for records of monitoring information required by this permit related to the 

permittee's sewage sludge use and disposal activities, which shall be retained for a period 

of at least five years (or longer as required by 40 C.F.R. part 503), the permittee shall 

retain records of all monitoring information, including all calibration and maintenance 

records and all original strip chart recordings for continuous monitoring instrumentation, 

copies of all reports required by this permit, and records of all data used to complete the 

application for this permit, for a period of at least 3 years from the date of the sample, 

measurement report or application. This period may be extended by request of the 

Director at any time.

c. Records of monitoring information shall include:

(1) The date, exact place, and time of sampling or measurements;

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

(3) The date(s) analyses were performed;
PART II

Page 33 of 41 Pages

Permit No. PR00000591

(4) The individual(s) who performed the analyses;

(5) The analytical techniques or methods used; and

(6) The results of such analyses.

d. Monitoring must be conducted according to test procedures approved under 40 C.F.R.

Part 136 and any subsequent changes to the methods contained therein unless another 

method is required under 40 C.F.R. subchapters N or O.

e. The Clean Water Act provides that any person who falsifies, tampers with, or knowingly 

renders inaccurate any monitoring device or method required to be maintained under this 

permit shall, upon conviction, be punished by a fine of not more than $10,000, or by 

imprisonment for not more than 2 years, or by both. If a conviction of a person is for a 

violation committed after a first conviction of such person under this paragraph, 

punishment is a fine of not more than $20,000 per day of violation, or by imprisonment 

of not more than four years, or both. (See U.S.C. §1319(c)(4)).

11. Signatory requirements. All applications, reports, or information submitted to the 

Director shall be signed and certified. (See 40 C.F.R. §122.22) 

 

a. Applications. All permit applications shall be signed as follows:

(1) For a corporation. By a responsible corporate officer. For the purpose of this 

section, a responsible corporate officer means: (i) A president, secretary, 

treasurer, or vice-president of the corporation in charge of a principal business 

function, or any other person who performs similar policy- or decisionmaking functions for the corporation, or (ii) the manager of one or more 

manufacturing, production, or operating facilities, provided, the manager is 

authorized to make management decisions which govern the operation of the 

regulated facility including having the explicit or implicit duty of making 

major capital investment recommendations, and initiating and directing other 

comprehensive measures to assure long term environmental compliance with 

environmental laws and regulations; the manager can ensure that the 

necessary systems are established or actions taken to gather complete and 

accurate information for permit application requirements; and where 

authority to sign documents has been assigned or delegated to the manager in 

accordance with corporate procedures.

Note: EPA does not require specific assignments or delegations of authority to 

responsible corporate officers identified in 40 C.F.R. §122.22(a)(1)(i). The 

Agency will presume that these responsible corporate officers have the 
PART II

Page 34 of 41 Pages

Permit No. PR00000591

requisite authority to sign permit applications unless the corporation has 

notified the Director to the contrary. Corporate procedures governing 

authority to sign permit applications may provide for assignment or delegation 

to applicable corporate positions under 40 C.F.R. §122.22(a)(1)(ii) rather than 

to specific individuals.

(2) For a partnership or sole proprietorship. By a general partner or the proprietor, 

respectively; or

(3) For a municipality, State, Federal, or other public agency. By either a 

principal executive officer or ranking elected official. For purposes of this 

section, a principal executive officer of a Federal agency includes: (i) The 

chief executive officer of the agency, or (ii) a senior executive officer having 

responsibility for the overall operations of a principal geographic unit of the 

agency (e.g., Regional Administrators of EPA).

b. All reports required by permits, and other information requested by the Director shall 

be signed by a person described in paragraph 11.a of Part II.B, or by a duly 

authorized representative of that person. A person is a duly authorized representative 

only if:

(1) The authorization is made in writing by a person described in paragraph 11.a 

of Part II.B;

(2) The authorization specifies either an individual or a position having 

responsibility for the overall operation of the regulated facility or activity such 

as the position of plant manager, operator of a well or a well field, 

superintendent, position of equivalent responsibility, or an individual or 

position having overall responsibility for environmental matters for the 

company, (A duly authorized representative may thus be either a named 

individual or any individual occupying a named position.) and,

(3) The written authorization is submitted to the Regional Administrator, U.S. 

Environmental Protection Agency, Region II, 290 Broadway, New York, New 

York, 10007-1866, Attention: Compliance Assistance Program Support 

Branch, and to the State Director.

c. Changes to authorization. If an authorization under paragraph 11.b of Part II.B is no 

longer accurate because a different individual or position has responsibility for the 

overall operation of the facility, a new authorization satisfying the requirements of 

paragraph 11.b of Part II.B must be submitted to the Director prior to or together with 

any reports, information, or applications to be signed by an authorized representative.
PART II

Page 35 of 41 Pages

Permit No. PR00000591

d. Certification. Any person signing a document under paragraph 11.a or 11.b of 

Part II.B shall make the following certification:

I certify under penalty of law that this document and all attachments were 

prepared under my direction or supervision in accordance with a system designed 

to assure that 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 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 fine and imprisonment for knowing 

violations.

e. The Clean Water Act provides that any person who knowingly makes any false 

material 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 6 months per violation, or by imprisonment for 

not more than 6 months per violation, or by both. If a conviction is for a 

violation committed after a first conviction of such person under this paragraph, 

punishment shall be by a fine of not more than $20,000 per day of violation, or by 

imprisonment of not more than four years, or both. (See section 309.c.4 of the 

Clean Water Act).

12. Reporting Requirements. 

a. Planned changes. The permittee shall give notice to the Director as soon as possible 

of any planned physical alterations or additions to the permitted facility. Notice is 

required only 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 40 C.F.R. §122.29(b);

(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 paragraph 4.a of Part I.B (40 C.F.R. 

§122.42(a)(1)); or
PART II

Page 36 of 41 Pages

Permit No. PR00000591

(3) 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 application 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 pursuant to 

an approved land application plan.

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. Transfers. This permit is not transferable 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 under the Clean Water Act. (See 40 C.F.R. §122.61; in some 

cases, modification or revocation and reissuance is mandatory.)

d. Monitoring reports. Monitoring results shall be reported at the intervals specified in 

Part I of this permit. 

(1) Monitoring results shall be reported on a Discharge Monitoring Report 

(DMR) or forms provided or specified by the Director for reporting results of 

monitoring of sludge use or disposal practices.

(2) If the permittee monitors any pollutant more frequently than required by the 

permit using test procedures approved under 40 C.F.R. 136, or another 

method required for an industry-specific waste stream under 40 C.F.R.

subchapters N or O, the results of such monitoring shall be included in the 

calculation and reporting of the data submitted in the DMR or sludge 

reporting form specified by the Director.

(3) Calculations for all limitations which require averaging of measurements shall 

utilize an arithmetic mean unless otherwise specified by the Director in the 

permit.

e. Compliance Schedules. Reports of compliance or noncompliance with, or any 

progress reports on, interim and final requirements contained in any compliance 

schedule of this permit shall be submitted no later than 14 days following each 

schedule date.

f. Twenty-four hour reporting.
PART II

Page 37 of 41 Pages

Permit No. PR00000591

(1) The permittee shall report any noncompliance which may endanger health or the 

environment. Any information shall be provided orally within 24 hours from the time 

the permittee becomes aware of the circumstances to the Regional Administrator at 

(732) 548-8730 and State Director. A written submission shall also be provided 

within 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 reoccurrence of the noncompliance.

(2) The following shall be included as information which must be reported within 

24 hours under this paragraph. 

(a) Any unanticipated bypass (see 13 below) which exceeds any effluent 

limitation in the permit. (See 40 C.F.R. §122.41(g)).

(b) Any upset (see 14 below) which exceeds any effluent limitation in the 

permit.

(c) Violation of a maximum daily discharge limitation for any of the 

pollutants listed by the Director in the permit to be reported within 24 

hours. (See 40 C.F.R. §122.44(g)).

(3) The Director may waive the written report on a case-by-case basis for reports 

under paragraph 12.f.(2) of Part II.B if the oral report has been received within 24 

hours. 

g. Other noncompliance. The permittee shall report all instances of noncompliance not 

reported under paragraphs 12.d, e, and f of Part II.B, at the time the monitoring reports are 

submitted. The reports shall contain the information listed in paragraph 12.f of Part II.B.

h. 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. 

13. Bypass

a. 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 provisions of 

paragraphs 13.b. and 13.c of Part II.B.
PART II

Page 38 of 41 Pages

Permit No. PR00000591

b. Notice. 

(1) 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 date of the bypass.

(2) Unanticipated bypass. The permittee shall submit notice of an unanticipated 

bypass as required in paragraph 12.f of Part II.B (24-hour notice). 

c. Prohibition of bypass. 

(1) Bypass is prohibited, and the Director may take enforcement action against a 

permittee for 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 back-up 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 preventive 

maintenance; and

(c) The permittee submitted notices as required under paragraph 13.b of Part 

II.B.

(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 above in 

paragraph 13.b.(1) of Part II.B. 

14. Upset.

a. Effect of an upset. An upset constitutes an affirmative defense to an action brought 

for noncompliance with such technology-based permit effluent limitations if the requirements of 

paragraph 14.(b) of Part II.B 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.

b. 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: 
PART II

Page 39 of 41 Pages

Permit No. PR00000591

(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 paragraph 

12.f.(2)(b) of Part II.B (24 hour notice); and

(4) The permittee complied with any remedial measures required under paragraph 

4 of Part II.B (duty to mitigate). 

c. Burden of proof. In any enforcement proceeding the permittee seeking to establish

the occurrence of an upset has the burden of proof.

15. Removed substances. 

Pursuant to section 301 of the Clean Water Act, solids, sludges, filter backwash or other 

pollutants removed in the course of treatment or control of wastewaters and/or the treatment of 

intake waters shall be disposed of in a manner such as to prevent any pollutant from such 

materials from entering navigable waters. The following data shall be reported together with the 

monitoring data required in paragraph 2 of Part I.B: 

a. The sources of the materials to be disposed of;

b. The approximate volumes and weights;

c. The method by which they were removed and transported; and

d. Their final disposal locations.

16. Oil and hazardous substance liability. 

The imposition of responsibilities upon, or the institution of any legal action against the 

permittee under Section 311 of the Clean Water Act shall be in conformance with regulations 

promulgated pursuant to Section 311 to discharges from facilities with NPDES permits.

17. Reopener clause for toxic effluent limitations.

Other effluent limitations and standards under sections 301, 302, 303, 307, 318 and 405 of the 

Clean Water Act. If any applicable toxic effluent standard or prohibition (including any 

schedule of compliance specified in such effluent standard or prohibition) is promulgated under 

Section 307(a) of the Clean Water Act for a toxic pollutant and that standard or prohibition is 
PART II

Page 40 of 41 Pages

Permit No. PR00000591

more stringent than any limitation on the pollutant in the permit, the Director shall institute 

proceedings under these regulations to modify or revoke and reissue the permit to conform to the 

toxic effluent standard or prohibition. See also 40 C.F.R. §122.41(a).

18. State laws. 

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 any 

applicable State law or regulation under authority preserved by Section 510 of the Clean Water 

Act. The issuance of this permit does not preempt any duty to obtain State or local assent 

required by law for the discharge.

19. Availability of information. (Section 308 of the Clean Water Act)

a. NPDES permits, effluent data, and information required by NPDES application forms 

provided by the Director under 40 C.F.R. §122.21 (including information submitted on 

the forms themselves and any attachments used to supply information required by the 

forms) shall be available for public inspection at the offices of the Regional 

Administrator and State Director.

b. In addition to the information set forth in subsection a., any other information 

submitted to EPA in accordance with the conditions of this permit shall be made 

available to the public without further notice unless a claim of business confidentiality 

is asserted at the time of submission in accordance with the procedures in 40 C.F.R.

Part 2 (Public Information).

c. If a claim of confidentiality is made for information other than that enumerated in 

subsection a., that information shall be treated in accordance with the procedures in 40 

C.F.R. Part 2. Only information determined to be confidential under those procedures 

shall not be made available by EPA for public inspection.

20. Severability. 

The provisions of this permit are severable, and if any provision of this permit, or the application 

of any provision of this permit to any circumstance, is held invalid, the application of such 

provision to other circumstances, and the remainder of this permit, shall not be affected thereby.
Part II

Page 41 of 41

Permit No. PR0000591

C. EFFECTIVENESS OF PERMIT

1. This permit shall become effective in its entirety on the date indicated on the first page of this 

permit unless a petition has been filed with the Environmental Appeals Board to review any 

condition of the permit decision pursuant to the provisions of 40 C.F.R. Part 124.19. All contested 

conditions and any uncontested condition(s) that are inseverable from the contested conditions 

shall be stayed. All other conditions shall become effective thirty (30) days after the date of the 

notification specified in 40 C.F.R. §124.16(a)(2)(ii).

2. For purposes of judicial review under Section 509(b) of the Clean Water Act, final agency action 

on a permit does not occur unless and until a party has exhausted its administrative remedies under 

40 C.F.R. 124. Any party which neglects or fails to seek review under 40 C.F.R. §124.19, thereby 

waives its opportunity to exhaust available agency administrative remedies.
NPDES Statement of Basis 

Bacardi Corporation, NPDES No. PR0000591 

Page 1 of 9 

UNITED STATES 

ENVIRONMENTAL PROTECTION AGENCY 

REGION 2 

290 Broadway 

New York, New York 10007-1866 

STATEMENT OF BASIS 

FOR 

DRAFT NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) 

PERMIT MODIFICATION TO DISCHARGE 

INTO THE WATERS OF THE UNITED STATES 

NPDES Permit No. PR0000591 

Name and Address of Applicant: 

Bacardi Corporation 

P.O. Box 363549 

San Juan, Puerto Rico 00936 - 3549 

hereinafter referred to as “the permittee”, is authorized to discharge from the following facility: 

Bacardi Corporation 

State Road No. 165, Km 2.6 

Industrial Area 

Cataño, Puerto Rico 00632 

to receiving waters named: 

Atlantic Ocean 

Receiving Water Classification: SC 

LOCATION OF DISCHARGE

The above named applicant has applied for a National Pollutant Discharge Elimination System 

(NPDES) permit, to the U.S. Environmental Protection Agency (EPA) to discharge into the 

designated receiving water. The location of the discharge, Outfall 001, is described by the 

following U.S.G.S. coordinates: 

Outfall Latitude Longitude 

001 18° 27' 59" 66o 09' 30" 
NPDES Statement of Basis 

Bacardi Corporation, NPDES No. PR0000591 

Page 2 of 9 

DESCRIPTION OF APPLICANT’S FACILITY AND DISCHARGE 

The permittee is engaged in the production of ethyl alcohol in the form of rum (SIC No. 2085). 

This rum is produced by the fermentation and distillation of molasses. The facility currently 

operates at a maximum production rate of approximately 115,000 proof gallons per day, with an 

average production rate of approximately 83,600 proof gallons per day. Within the last three 

years the permittee has modified the production process to extract more product from the raw 

molasses. The operation of the plant includes periods of shutdown and start up, at intervals 

during the year of a few months apart. Process flow diagrams for different operational scenarios 

are included in Attachment I. 

The Bacardi Corporation distillery is located on the coast of San Juan Bay. Waste product 

generated through the distillation of rum is treated by anaerobic digesters, designed to 

accommodate an average daily flow of 2 MGD and a maximum daily flow of 4 MGD. The 

permitted flow through the Bacardi outfall system is a daily maximum of 2 MGD. Bacardi has 

revised its operations since the issuance of the existing 2007 NPDES permit. Volume of 

production has decreased from previous levels, and the distillery operates approximately 143 

days per year as opposed to year round operation. During shutdown periods, the treatment 

system is kept operational with minimal feed to maintain the biomass of the anaerobic treatment 

system. The flow during this period is significantly reduced to less than 10% of normal flow. 

This results in high bacterial concentration due to increased solids retention time in the anaerobic 

treatment units. The permittee has made several facility modifications since the last permit 

issuance. Additionally, the permittee has made several improvements to separate wastestreams 

and eliminate sources of bacterial contamination. 

The flow of Bacardi discharge 001 is tied into a combined outfall which also discharges treated 

effluent from the Bayamón Regional Wastewater Treatment Plant (RWWTP) and the Puerto 

Nuevo RWWTP. The combined effluent is then discharged approximately 7,365 ft (2,246 m) 

from the shoreline into the Atlantic Ocean, at a location approximately 3,600 ft (1,097 m) north 

of Isla de Cabras, at a depth of 141 ft (43 m). The discharge is through a high-rate, Y-shaped 

diffuser consisting of two (2) legs that are each 1,010 ft (308 m) in length and a constant 84-inch 

diameter. The west leg of the diffuser has 100 bell- mouthed ports and the east leg of the diffuser 

has 102 bell-mouthed ports, each at 15 degrees from the horizontal. There are a total of 202 

ports. On the west diffuser leg, there are 80 inshore ports that have a diameter of 6 in (15.2 cm), 

19 offshore ports that have a diameter of 7 in (17.8 cm), and 1 10-inch (25.4 cm) port. On the 

east diffuser leg, there are 81 inshore ports that have a diameter of 6 in (15.2 cm), 20 offshore 

ports that have a diameter of 7 in (17.8 cm), and 1 10-inch port. The ports discharge on 

alternating sides of the diffuser and are evenly spaced at 10 ft (3.05 m) intervals. The diffuser is 

currently operated with all 202 ports open. 

The outfall system is owned and operated by the Puerto Rico Aqueduct and Sewer Authority 

(PRASA) to dispose of treated effluents from the Bayamón and Puerto Nuevo RWWTPs. The 

Bayamón RWWTP and Puerto Nuevo RWWTP are municipal sewage treatment plants operated 

by the PRASA and their discharges are regulated by separate NPDES permits. The Atlantic 
NPDES Statement of Basis 

Bacardi Corporation, NPDES No. PR0000591 

Page 3 of 9 

Ocean is classified as SC water in the Puerto Rico Water Quality Standards Regulation 

(PRWQSR), by the Environmental Quality Board (EQB) of the Commonwealth of Puerto Rico. 

A detailed description of the type and quantity of pollutants which are to be discharged is listed 

in the draft Permit. 

On September 28, 2011, the U.S. Environmental Protection Agency, Region 2 issued a final 

NPDES permit to the Bacardi Corporation (Bacardi), for the discharge from its facility located in 

Cataño, Puerto Rico. The EPA specified that the Permit was to become effective on December 

1, 2011. 

On November 16, 2011, pursuant to 40 CFR §§124.19, Bacardi filed a Petition for Review with 

the Environmental Appeals Board (EAB), appealing certain conditions included in the referenced 

Permit. In the Petition for Review submitted by Bacardi to the EAB, Bacardi contested the 

revised limitations for enterococcus and fecal coliforms included by the EPA. Bacardi also 

contested the numeric limitation included for whole effluent toxicity, as well as the use of 

chronic toxicity units (TUc) based on the inverse of the No Effects Concentration (NOEC) as a 

unit of determining compliance, in place of the Inhibition Concentration of 25% (IC25) used in 

the previous permit cycle. A discussion of these issues and the resolution included in this permit 

modification is included below. 

EPA entered into the Alternative Dispute Resolution (ADR) process with Bacardi, agreeing to 

make the modifications requested in the Petition. EPA met with Bacardi and PRASA (which 

also appealed the whole effluent toxicity condition of its Puerto Nuevo RWWTP’s permit) in an 

ADR conference call on January 25, 2012, to discuss resolution of the contested conditions. This 

permit modification action is to finalize EPA Region 2’s decision on the contested conditions. 

EPA is accepting comment solely on the proposed modification of the contested conditions, 

which are explained in this Statement of Basis. With the exception of those conditions that are 

being withdrawn and that are the subject of this proposed modification, as described below, all 

terms and conditions of the September 28, 2011 permit became effective on December 1, 2011. 

Bacterial Limitations

EPA has retained the interim limitations for bacterial parameters (Enterococci, Fecal Coliforms) 

that are currently applicable to the discharge based on existing effluent quality limits proposed in 

the draft 2011 EPA and Bacardi Corporation Consent Decree modification to the 2008 Consent 

Decree with the Bacardi Corporation (U.S. v Bacardi Corporation, Civil Action No. 3:08-cv1825). 

These limitations are more stringent than those included as part of the EQB water quality 

certificate. These limitations are achievable by the permittee during normal operational 

conditions. While EPA notes a mixing zone was approved in the EQB water quality certificate 

dated June 3, 2010, publicly owned treatment works (POTWs) and industrial facilities should be 

held to the level of performance for its discharge that is achievable through treatment rather than 
NPDES Statement of Basis 

Bacardi Corporation, NPDES No. PR0000591 

Page 4 of 9 

assume all assimilative capacity of the receiving water, particularly for bacterial parameters. 

EPA Region 2 Antibacksliding Policy allows for relaxation of permit limits subject to the 

provisions of Clean Water Act §402(o), but only to the point of existing effluent quality, in 

accordance with antidegradation requirements. 

Given the difficulty the permittee has encountered with bacterial levels when resuming 

operations following periods of shutdown, in the permit issued by the EPA in 2011, EPA applied 

the higher EQB limitations solely for the three week period following start-up of operations. As 

a result of our conversations with Bacardi during the ADR process, EPA has included in this 

modification the application of the higher limitations at the shutdown stage in addition to the 

three week period following start up of operations. This modification appears in the notes to 

Table A-1 on Page 6 of the modified permit, as well as within Special Condition 17 on page 15 

of the modified permit. 

Whole Effluent Toxicity

In the 2011 permit, EPA had included an effluent limitation for Whole Effluent Toxicity (WET) 

for the combined discharge of Bacardi, PRASA Bayamón RWWTP, and PRASA Puerto Nuevo 

RWWTP. WET monitoring requirements had also been included for the combined discharge 

and the discharge 001 from the Bacardi facility. Similar monitoring requirements were 

incorporated into the NPDES permits for the PRASA Bayamón RWWTP and Puerto Nuevo 

RWWTP. 

Rule 1303.1(I) of PRWQS provides that all waters of Puerto Rico shall not contain any substance 

at such concentration which, either alone or as result of synergistic effects with other substances 

is toxic or produces undesirable physiological responses in human, fish or other fauna or flora. 

This is generally referred to as a narrative water quality criterion "no toxics in toxic amounts". 

PRWQS do not provide a numeric criterion for toxicity. Since controls on individual pollutants 

may not always adequately protect water quality, toxicity testing is used to assess and control 

whole effluent toxicity, which is necessary to reduce or eliminate the toxic impact of the effluent 

and meet narrative water quality criteria (54 FR 23868, June 2, 1989). NPDES regulations define 

WET as the whole or aggregate toxic effect of an effluent measured directly by a toxicity test. 

Pursuant to the current modified permits, PRASA is required to conduct acute and chronic WET 

testing on the combined effluent and chronic only WET testing on individual effluent samples 

from the Bayamón RWWTP, Puerto Nuevo RWWTP, and Bacardi. Since 2007, PRASA has 

conducted four acute WET monitoring events for the combined effluent using the mysid shrimp 

(Mysidopsis bahia) and sheepshead minnow (Cyprinidon variegates) and 11 chronic WET 

monitoring events using these WET test species and the sea urchin (Arbacia punctulata). Five of 

the most recent 11 chronic WET monitoring events also included testing on individual effluent 

using the sea urchin. Since effluent toxicity is inversely related to the effect concentration (the 

lower the effect concentration, the higher the toxicity in the effluent), WET test data are typically 

expressed as toxic units (TUs) to better illustrate the magnitude of potential toxicity. Rule 1301.1 

of PRWQS defines acute TU (TUa) and chronic TU (TUc) values as the Lethal Concentration 
NPDES Statement of Basis 

Bacardi Corporation, NPDES No. PR0000591 

Page 5 of 9 

(LC50) of the tested effluent at which 50 percent of the test organisms die, where TUa = 100 ÷ 

LC50; and the No Observed Effect Concentration (NOEC), where TUc = 100 ÷ NOEC, 

respectively.1

 To assess WET test data, EPA recommends a criterion maximum concentration 

(CMC) of 0.3 TUa and criterion continuous concentration (CCC) of 1.0 TUc be used to ensure 

aquatic life protection against toxicity in the receiving water. For the purpose of the section 

301(h) evaluation, EPA determined the maximum allowable level of effluent toxicity or 

wasteload allocation (WLA) at the edge of the mixing zone that would still ensure attainment of 

water quality criteria for toxicity. With consideration of dilution and CMC and CCC values, EPA 

calculated acute and chronic WLAs of 30.6 TUa and 102 TUc, respectively, and then compared 

the WLAs to effluent WET test data. 

Of the 30 chronic WET tests conducted on the combined effluent since 2007, 30 percent (or 10 

tests) resulted in TUc values that exceeded the 102 TUc WLA. All of these tests were conducted 

on the sea urchin and 60 percent of them were conducted in May 2007. When compared to the 

permit limitation of 1.00 percent effluent or 100 TUc derived from the IC25, or the inhibition 

concentration at which a 25 percent effect occurs, no chronic toxicity is demonstrated. Based on 

the NOEC pursuant to PRWQS, since these tests were conducted on the combined effluent it is 

difficult to distinguish whether effluent from one facility or all was contributing to toxicity in 

these tests. In 2009, PRASA and the Bacardi Corporation began conducting chronic WET testing 

on individual samples of effluent from each facility in addition to the combined effluent. 

Between 2009 and 2011, five chronic WET tests using the sea urchin were conducted and results 

showed no toxicity observed in terms of the NOEC for the combined effluent but showed 

repeated toxicity in effluent samples from Bacardi. This may suggest that toxicity demonstrated 

in tests of combined effluent prior to 2009 may be attributed to effluent from the Bacardi 

effluent. Nevertheless, nine WET monitoring events have been conducted since May 2007 and 

only one has demonstrated chronic toxicity on the combined effluent. Also no acute or chronic 

toxicity has been observed in effluent from the Bayamón RWWTP and only one effluent sample 

from the Puerto Nuevo RWWTP showed chronic toxicity. 

Based on review of WET data, in accordance with 40 CFR 122.44(d)(v), EPA has determined 

that the combined discharge will cause, has the reasonable potential to cause, or contributes to an 

excursion above the narrative criterion for chronic toxicity and has proposed effluent limitation 

for the combined discharge. With consideration of dilution, utilizing the calculation procedures 

in the EPA Guidance Technical Support Document for Water Quality-Based Toxics Control

(March 1991), EPA included a maximum daily effluent limitation of 83.32 TUc (or 1.2% 

effluent) for chronic toxicity in the draft modified permits for the Bayamón RWWTP, Puerto 

Nuevo RWWTP, and Bacardi WWTP. The calculation of this limitation is included as 

Attachment I. 

 

1

 The NOEC is the highest tested effluent concentration (in percent effluent) that does not cause an adverse effect on 

the test organism (i.e., the highest effluent concentration at which the values for the observed responses are not 

statistically different from the control). 
NPDES Statement of Basis 

Bacardi Corporation, NPDES No. PR0000591 

Page 6 of 9 

In addition to the limitation, EPA had included other toxicity testing requirements on the 

individual effluents from these three facilities, as these effluents combine prior to discharge. The 

toxicity observed in the effluent may be the result of toxicity in one or more of the discharges, or 

it may be the result of synergistic effects that occur when the effluents combine prior to 

discharge. The contemporaneous testing on each of the effluents from these facilities will 

provide an indication as to the source of any toxicity observed in the combined discharge. 

In the 2011 permits, EPA had also required that all three dischargers develop plans for a toxicity 

reduction evaluation (TRE) within the first six months of the permit term. The three dischargers 

may coordinate and develop one plan to meet the permit requirement in each NPDES permit. 

Violation of the limitation for chronic toxicity using the combined discharge would trigger 

accelerated monitoring of both the combined discharge and solely the Bacardi effluent (PRASA 

would be required to test their individual effluents for the Bayamon and Puerto Nuevo facilities 

in addition to the combined discharge as well) for twelve weeks. During the accelerated testing 

period an additional violation of the limitation on the combined discharge would require these 

three permittees to activate their TRE workplans, and implement their strategy to identify and 

abate the source of toxicity. 

As a result of conversations during the ADR process, EPA agreed to modify the permit to allow 

a three-year compliance schedule, during which time an interim limitation, based on existing 

effluent quality (EEQ) results would be applied. This decision was based on the inclusion of a 

more stringent limitation, and the variability of NOEC results observed by Bacardi and PRASA 

for the Arbacia punculata chronic fertilization test. The final effluent limitation will remain the 

number calculated by EPA in the 2011 permit, and will remain in terms of chronic toxicity units 

as defined using the inverse of the NEOC endpoint. It was explained during the ADR process 

that the number was calculated using EPA guidance to ensure that the discharge would not cause 

or contribute to a violation of the standard at the edge of the mixing zone, which is not a straight 

application of the dilution ratio, but a statistical calculation that accounts for variability in 

effluent, dilution, and ambient conditions. The retention of the NOEC endpoint was explained as 

required by the definition of chronic toxicity units in the definitions section of the Puerto Rico 

Water Quality Standards Regulation. However, the interim limitation is an EEQ number, which 

was calculated using IC25 results, such that the calculated number is a consistent projection of 

the 95th percentile result of toxicity results over the last five years. The EEQ Calculation is 

included as Attachment II. 

During the timeframe of the interim limitation, the permittee will be required to develop a TRE 

workplan, which will be triggered by any exceedance of the final permit limitation of 83.32 TUc. 
NPDES Statement of Basis 

Bacardi Corporation, NPDES No. PR0000591 

Page 7 of 9 

ATTACHMENT I CALCULATION OF FINAL WHOLE EFFLUENT TOXICITY 

PERMIT LIMIT 

Calculation of Waste Load Allocation (WLA) 

The WLA is used to determine the level of effluent concentration that will comply with water quality 

standards in receiving waters. Using the information available for dilution, WLAs were calculated for 

WET using the complete mix equation, which simplifies to 

WLA = Cr x Dilution Ratio 

where Cr = the water quality criterion concentration. In Puerto Rico, a criterion continuous 

concentration of 1.0 TUc, and a criterion maximum concentration (CMC) of 0.3 TUa is used as the 

numeric interpretation of the water quality standard for toxicity. 

Using a critical initial dilution (CID) ratio of 102:1, the chronic WLA would be

WLAc = Crx 102 = 1.0 x 102 = 102.0 TUc

 

WLAa = 0.3 × 102 = 30.6 TUa 

WLAa,c = WLAa × ACR = 30.6 × 10 = 306 TU a,c

Calculate Long-term Averages (LTAs). 

To calculate the long term average (LTA): 

 LTA = WLA × e

[0.05Φ

2 ! zΦ]

 LTA

 a,c

 = 306 × 0.321 = 98.23 TU where: 

0.321 is the acute WLA multiplier for Cv = 0.6 at the 99

th 

percentile (from Table 5-1, pg. 102 of the TSD) 

 LTAc 

= WLAc× e

[0.5σ

4

2 - zσ

4

] 

 LTAc 

= 102 × 0.527 = 53.75 where: 

0.527 is the chronic WLA multiplier at the 99th percentile (from Table 5-1, pg. 102 of the TSD) 
NPDES Statement of Basis 

Bacardi Corporation, NPDES No. PR0000591 

Page 8 of 9 

Select the minimum LTA. 

The LTA based on the chronic WLA is more limiting and will be used to develop permit limits. 

Limit Calculation: 

Using the 95

th 

percentile and monthly sampling, the effluent limit is calculated as: 

LTA × e

[zΦ

n

 ! 0.5Φ

n

2

] 

where e

[zΦ

n

 ! 0.5Φ

n

2

]

= AML LTA multiplier 

z = 1.645 for the 95

th 

percentile occurrence probability for the AML is recommended 

n = number of samples/month (the TSD recommends that a minimum n of 4 be used, even if 

monitoring is less frequent). 

From Table 5-2, on pg. 102 of the TSD, for Cv = 0.6 and n=4, 

AML = 53.75 × 1.55 = 83.32 TUc 
NPDES Statement of Basis 

Bacardi Corporation, NPDES No. PR0000591 

Page 9 of 9 

ATTACHMENT II: CALCULATION OF WET EXISTING EFFLUENT QUALITY 

Arbacia Punctulata Results for Combined Bacardi PRASA Discharge

 IC25 100/IC25 Natural Log 

February-2006 7.25 13.8 2.6242

March-2006 7.31 13.7 2.6159

April-2006 5 20.0 2.9957

September-2006 1.68 59.5 4.0864

November-2006 1.7 58.8 4.0745

November-2006 4 25.0 3.2189

April-2007 3.09 32.4 3.4770

April-2007 2.12 47.2 3.8538

April-2007 4.47 22.4 3.1078

May-2007 4.92 20.3 3.0119

May-2007 14.8 6.8 1.9105

May-2007 14.4 6.9 1.9379

May-2007 4.88 20.5 3.0200

May-2007 3.01 33.2 3.5032

May-2007 5.23 19.1 2.9508

May/June 2007 5.91 16.9 2.8285

September-2008 4.15 24.1 3.1821

December-2008 5.57 18.0 2.8878

February-2009 13.5 7.4 2.0025

June-2009 9.51 10.5 2.3528

August-2009 4.34 23.0 3.1373

November-2009 4.31 23.2 3.1442

March-2010 4.68 21.4 3.0619

May-2010 13.96 7.2 1.9690

September-2010 12.9 7.8 2.0479

November-2010 13.4 7.5 2.0099

March-2011 13.9 7.2 1.9733

May-2011 5.3 19.0 2.9469

Maximum daily limit = exp[μy + 2.326 σy] 99th percentile Inverse 

Average monthly limit = exp[μn + 1.645 σn] 77.4846 1.29 

μy = estimated mean of the lognormally transformed 

measurements 

 

E(X) 

95th percentile 

σy = standard deviation 37.8646 

μn = n-day monthly average - where n = 2 or 1 

depending on monitoring frequency 21.3571 

σn = standard deviation V(X) 

154.6258

Sn^2 

0.1566

Un 

2.9831