### Permit No.: NDG589###



## UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION 8 1595 WYNKOOP STREET DENVER, COLORADO 80202-1129

AUTHORIZATION TO DISCHARGE UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM

In compliance with the provisions of the Clean Wate r Act, as amended, (33 U.S.C. § 1251 et

seq. ; “the Act”), except as provided in Part 5 of this permit, operators of wastewater treatment lagoons located in the following areas

this permit covers the Fort Berthold Reservation; t he Spirit Lake Indian Reservation; the Standing Rock Sioux Reservation; the Turtle Mountain Reserva tion; any land within the State of North Dakota held in trust by the United States for an In dian tribe; and any other areas within the State of North Dakota which are Indian country within the meaning of 18 U.S.C. § 1151, except as provided in the following paragraph. This permit in cludes that portion of the Standing Rock Sioux Reservation and associated Indian country located w ithin the State of South Dakota. It does not include any land held in trust by the United States for the Sisseton-Wahpeton Oyate of the Lake Traverse Reservation or any other Indian country as sociated with that Tribe, which is covered under general permit SDG589###.

are authorized to discharge at locations within the above described areas to waters of the United States, in accordance with the effluent limitations , monitoring requirements and other conditions set
forth herein.

This permit shall become effective (anticipated dat e October 1, 2015 .)

This permit and the authorization to discharge shal l expire at midnight, (anticipated date September 30, 2020.)

Signed this day of

Authorized Permitting Official

Darcy O’Connor, Acting Assistant Regional Administr ator Office of Partnerships and Regulatory AssistancePermit No. NDG589### Page No. 2 of 52

TABLE OF CONTENTS

1. COVERAGE UNDER THIS PERMIT

1.1. Introduction

1.2. Permit Area 1.3. Eligibility 1.4. Authorization to Discharge

2. NOTICE OF INTENT REQUIREMENTS 2.1. Obtaining Authorization for Coverage under the Lagoon General Permit 2.2 . Deadlines for Submitting a Notice of Intent

2.3. Contents of Notice of Intent

2.4. Where to Submit Notice of Intent

3. DISCHARGE (DIS) – AUTHORIZATION TO DISCHARGE

3.1. Effluent Limitations 3.2. Self-Monitoring Requirements 3.3. Inspection Requirements

4. NO DISCHARGE (NODIS) – NO AUTHORIZATION TO DISCH ARGE 4.1. No Discharge Requirement 4.2. Self-Monitoring Requirements 4.3. Inspection Requirements

5. MONITORING, RECORDING AND REPORTING REQUIREMENTS 5.1. Representative Sampling 5.2. Monitoring Procedures 5.3. Penalties for Tampering 5.4. Reporting of Monitoring Results 5.5. Additional Monitoring by the Permittee

5.6. Records Contents
5.7. Retention of Records 5.8. Twenty-four Hour Notice of Noncompliance Repor ting 5.9. Other Noncompliance Reporting 5.10. Inspection and Entry

6. COMPLIANCE RESPONSIBILITIES 6.1. Duty to Comply

6.2. Penalties for Violations of Permit Conditions 6.3. Need to Halt or Reduce Activity not a Defense 6.4. Duty to Mitigate 6.5. Proper Operation and Maintenance

6.6. Removed Substances 6.7. Bypass of Treatment Facilities 6.8. Upset Conditions 6.9. Industrial Waste ManagementPermit No. NDG589### Page No. 3 of 52

TABLE OF CONTENTS (Continued)

7. GENERAL REQUIREMENTS 7.1. Planned Changes 7.2. Anticipated Noncompliance

7.3. Permit Actions 7.4. Continuation of the Expired Permit 7.5. Duty to Provide Information

7.6. Other Information 7.7. Signatory Requirements 7.8. Penalties for Falsification of Reports 7.9. Availability of Reports 7.10. Oil and Hazardous Substance Liability 7.11. Property Rights 7.12. Severability

7.13. Transfers 7.14. Permittees in Indian Country 7.15. Reopener Provision 7.16. Requiring an Individual Permit or an Alternat ive General Permit

8. DEFINITIONS

9. FORMAT FOR REPORTING EFFLUENT MONITORING DATA FO R UNAUTHORIZED RELEASES

APPENDIX A. LIST OF ENVIRONMENTAL COORDINATORS FOR APPLICABLE TRIBES IN NORTH

DAKOTA

APPENDIX B. PROCEDURES RELATING TO ENDANGERED SPECI ES PROTECTION

APPENDIX C. PROCEDURES RELATING TO HISTORIC PROPERT IES PRESERVATION

APPENDIX D. EXAMPLE LAGOON INSPECTION FORMPermit No. NDG589### Page No. 4 of 52

1. COVERAGE UNDER THIS PERMIT

1.1. Introduction: This general permit is intended for the permitting of wastewater lagoon systems th at treat primarily domestic sewage (~80 % or greater) and ar e located within the boundaries of the specified Indian Reservations or otherwise in Indian country as defined in Section 8 of this permit. Authorizati on for coverage under this permit will be limited to o ne of the following two categories of wastewater lagoon systems:

DISCHARGE (DIS) – Authorization to Discharge. No pr ior notification is required before starting to discharge;

NO DISCHARGE (NODIS) – No Authorization to Discharg e. The lagoon system is required to have no discharge.

The basic requirements for each of the categories a re specified in Parts 3 and 4, respectively, of the permit. If additional water quality-based effluent limitations are necessary to comply with applicable water quality standards, those requirements will be specified in the written notice of authorization o f coverage or subsequent letter from the EPA.

1.2. Permit Area: This general permit covers the ar eas specified on the cover page of this permit.

1.3. Eligibility:

1.3.1. This permit provides coverage for wastewate r lagoon systems treating primarily domestic sewage (~80 % or greater). The wastewater lagoon system ma y not receive any significant industrial discharge contributions. The EPA has the final dete rmination as to whether any non-domestic wastewater is considered a significant industrial d ischarge contribution.

1.3.2. Limitations on Coverage: Wastewater lagoon systems that have been issued an individual permit , or required to obtain coverage under an alternative ge neral permit, in accordance with Part 7.16 are not authorized by this permit.

1.3.3. A wastewater lagoon system that has an indi vidual permit, other than an individual permit requ ired under Part 7.16, may request that the individual pe rmit be revoked, and that it be covered by this general permit. Upon submittal of the necessary not ice of intent information, revocation of the individual permit and receipt of written notificati on of coverage from EPA, this general permit shall apply to the wastewater lagoon system.

1.3.5 Threatened and Endangered Species and Critic al Habitat Protection. Coverage under this permit is available only if your wastewater discharges and re lated activities will not adversely affect any species that are federally-listed as endangered or threatened (“listed”) under the Endangered Species Act (ESA) and will not result in the adverse modifi cation or destruction of habitat that is federallydesignated as “critical habitat” under the ESA. You must meet one of the six eligibility criteria and follow the procedures in Appendix B.

Nothing in this permit authorizes take for the p urposes of a facility’s compliance with the Endangered Species Act.Permit No. NDG589### Page No. 5 of 52

1.3.6. Historic Properties Preservation. Coverage under this permit is available only if your wastewa ter discharges and related activities meet one of four eligibility criteria, following the procedures in Appendix C.

You are reminded that you must comply with appli cable laws concerning the protection of Threatened and Endangered Species, Critical Habitat Protection, and the protection of historic properties and places.

1.4. Authorization to Discharge:

1.4.1. Eligible wastewater lagoon systems may be a uthorized to discharge under this general permit in the following three circumstances:

1.4.1.1. The operator of a lagoon system has submi tted a complete Notice of Intent (NOI) in accordanc e

with the requirements of Part 2 and the operator re ceives a written notice of authorization from the EPA;

1.4.1.2. The operator of a lagoon system has submi tted a complete application for renewal of an

individual permit issued by EPA under the National Pollutant Discharge Elimination System (NPDES), for wastewater discharges to waters of the U.S., and the operator instead receives written notification of coverage under the general permit from the EPA; or

1.4.1.3 The Director notifies the operator of a wa stewater lagoon system that it is covered by this g eneral

permit, even if the operator has not submitted a no tice of intent to be covered by the general permit.

1.4.2 The Director may withhold its notification o f coverage and instead require submittal of an

application for an individual NPDES permit based on a review of the NOI or other information.Permit No. NDG589### Page No. 6 of 52

2. NOTICE OF INTENT REQUIREMENTS

2.1 Obtaining Authorization for Coverage under the Lagoon General Permit: To obtain authorization und er this permit, you must operate a wastewater lagoon l ocated in Indian country and the lagoon must treat primarily domestic wastewater (~80 % or greater).

2.1.1 You must submit a complete and accurate Noti ce of Intent (NOI) using EPA’s electronic Notice of Intent (eNOI) system (accessible at http://water.ep a.gov/polwaste/npdes/basics/eNOI.cfm) or you must request a waiver from the eNOI system requirem ent and upon approval, submit the required information in Part 2.3 in paper format to the addr ess listed in Part 2.4;

2.1.2 Based on a review of your NOI or other infor mation, EPA may delay your authorization for furthe r review, notify you that additional effluent limitat ions are necessary, or may deny coverage under this permit and require submission of an application for an individual NPDES permit, as detailed in Part 1.4.2 and 7.16. In these instances, EPA will notify you in writing of the delay, of the need for additional effluent limits, or of the request for s ubmission of an individual NPDES permit application.

2.2 Deadlines for Submitting a Notice of Intent:

2.2.1. Facilities that had coverage under the prev ious general permit that this permit replaces are r equired to submit a complete NOI within 90 days after the e ffective date of this permit if they want to maintain coverage under the general permit.

2.2.2. Facilities that did not have coverage under the previous general permit that this permit repla ces must submit a complete NOI at least thirty (30) days bef ore:

2.2.2.1. The expected start of discharge from the wastewater lagoon system; or,

2.2.2.2. The date when the operator wants authoriz ation to begin.

2.3. Contents of Notice of Intent: The Notice of In tent to be authorized to discharge under the provis ions of this permit shall be submitted via the EPA eNOI sys tem. Information requested via the eNOI system includes the following.

2.3.1. Facility’s official or legal name.

2.3.2. Legal name, mailing address, and phone numb er of the owner of the facility.

2.3.3. Name, mailing address and phone number of t he organization or entity that operates the facilit y, if

different from owner.

2.3.4. Name, title, and work phone number of the c ontact person for the facility. This should be a pe rson that is familiar with the day-to-day operation of t he facility.

2.3.5. Location of facility: Give section (to near est quarter section) township, and range (e.g., NW 1/4 sec.5, T.33 N., R.9 W.); latitude and longitude to the nearest 15 seconds; and, if applicable, the str eet address, city, and county.Permit No. NDG589### Page No. 7 of 52

2.3.6. Is the discharge from this facility located in Indian country?

2.3.7 Is the facility tribally owned and/or operat ed or partially owned or operated? If yes, what

percentage?

2.3.8. Does this facility have or did it previousl y have an individual NPDES permit? If yes, give th e number of the permit and the status of the permit ( e.g. effective, expired, pending, etc).

2.3.9. Name of the waterway that will receive the discharge from the lagoon system. If the name of th e waterway is unknown, give the name of the first dow nstream waterway (stream or lake) that the name is known (e.g., unnamed tributary of Rock Cree k).

2.3.10. For each discharge point from which the fac ility has either an existing or potential release o f treated or untreated wastewater, assign an outfall number ( e.g., 001, 002, 003, etc.,) and provide a brief description of the discharge point (e.g., 001, outl et from cell number 3; 002, overflow structure on cell no. 2; 003, bypass structure at headworks of l agoon system, etc.,). Include discharge points for intermittent or non-continuous overflows, bypasses or seasonal discharges . Include latitude and longitude to the nearest 15 seconds for each outfal l. If outfall numbers have been assigned on a previous permit application for this facility, the same designation shall be used.

2.3.11. A map and/or diagram showing the location o f the lagoon system, existing or potential discharg e points, and the receiving waterway. Label discharge points by outfall number. All maps and diagrams are to be on 8 1⁄2" by 11" paper. It is acce ptable to use a photocopy of the appropriate part of a 7 1⁄2 minute USGS quadrangle map with the necess ary information added as appropriate, or satellite or aerial internet images.

2.3.12. Provide the following plant design and trea tment data:

2.3.12.1. Give the year the lagoon system was orig inally constructed and the year(s) of any additions or

modifications;

2.3.12.2. A line drawing (flow diagram) of the cur rent treatment system. Show all treatment units and

existing or potential discharge points. Label the d ischarge points with outfall numbers;

2.3.12.3. A brief description of the types of trea tment units employed by the facility;

2.3.12.4. For each cell of the lagoon system, give the surface area (in acres or square feet) and the capacity

(in million gallons);

2.3.12.5. The average and peak design flow (mgd);

2.3.12.6. The average and peak design organic trea tment capacity (pounds of BOD 5 per day or design

population);

2.3.12.7. Has sludge been removed from the lagoon system in the last 5 years? If yes, give the years when

it was dredged and the approximate quantity removed

.

2.3.12.8. The name of the nearest waterbody down g radient from the lagoon and the approximate distanc e

from the lagoon to the waterbody.Permit No. NDG589### Page No. 8 of 52

2.3.12.9. The depth, in feet, from the bottom of t he lagoon to the annual high groundwater level belo w the

lagoon.

2.3.13. List any changes or improvements to the fac ility, either currently underway or anticipated ove r the next five (5) years, which will affect the quality of the discharge. Provide a narrative description o f each improvement.

2.3.14. For each item identified in number 2.3.13 a bove, provide projected dates, as accurately as pos sible, for completion of each step listed below:

2.3.14.1. Beginning Construction Date: ___________

____

2.3.14.2. Ending Construction Date: __________

_____

2.3.14.3. Beginning Discharge Date: __________

_____

2.3.14.4. Operational Level Attained: _________

______

2.3.15. What is the total estimated average daily w aste inflow, in mgd, from all non-domestic industri al

sources?

2.3.16. Manufacturing and Industrial Operations:

2.3.16.1 Check any facility in the service area of your treatment plant and estimate of daily flow.



##  Beverage Manufacturing 

##  Concrete Ready-Mix 

##  Dairy Products 

##  Drinking Water Backwash 

##  Electroplating 

##  Food Manufacturing (e.g. bakery, etc.) 

##  Hospitals or dialysis treatment facilities 

##  Leather Tanning & Finishing 

##  Meat Products 

##  Metal Finishing (e.g. powder coating, etc.) 

##  Metal Molding & Casting (Foundry) 

##  Oil & Gas Extraction 

##  Petroleum Refining 

##  Pharmaceutical Manufacturing 

##  Transportation Equipment Cleaning 

##  Waste Treatment 

##  Other, (Describe)__________________

_______________________________

2.3.17. Trucked-in Wastes:

2.3.17.1. Does the treatment system receive any tr ucked-in wastes, including septage haulers? If yes

,

describe the kinds of waste received and volume and if any such waste is subject to any other state, local or federal regulations. How many days per month is septage dumped, from how many septic companies?

2.3.17.2. Does the facility have a dedicated truck ed waste discharge location? If no, where is the t rucked

waste discharged into the municipal facility?

2.3.18. List the name and actual (or, if unavailabl e, estimated) population for each municipality, qua simunicipality, or unincorporated area served. Inform ation can be gathered from census data or internet queries (list source of data).Permit No. NDG589### Page No. 9 of 52

2.3.19. List any discharge sample analyses (e.g., B OD 5 , total suspended solids, and Escherichia coli or fecal coliforms) which are routinely performed by a contr act laboratory or consulting firm. For each pollutant listed, give the name, mailing address, a nd telephone number of the contract laboratory or consulting firm doing the analysis.

2.3.20. Is a contractor responsible for any operati onal or maintenance aspects of your facility? If y es, give the name, mailing address, and telephone number of the contractor and describe the contractor’s responsibilities.

2.3.21. Specify which of the following categories o f operational requirements that you wish to be auth orized for coverage under this permit:

2.3.21.1. DISCHARGE (DIS) – Authorization to Disch arge. This category is used for wastewater lagoon

systems that either discharge on a continuous basis , discharge most of the time, or discharge seasonally.

2.3.21.2. NO DISCHARGE (NODIS) – No Authorization to Discharge. The lagoon system is required to

have no discharge, this category is for those facil ities that normally do not anticipate discharge to

occur.

The category of operational requirements authorized for the lagoon system will be specified by EPA in the letter authorizing coverage under thi s permit. The category of operational requirements approved by EPA may be different from that requested in the Notice of

Intent

.

2.3.22. Will the proposed action by the applicant a ffect endangered or threatened species or a specifi c critical habitat of an endangered or threatened spe cies in your county? As required by Part 1.3.5, you must meet one or more of the following six criteria (A-F) to be eligible for coverage under the permit for your wastewater discharge and discharge-related activities. Use Appendix B of this permit to select the FWS criterion applicable:

Criterion A
Criterion B
Criterion C Criterion D
Criterion E
Criterion F

If none of the six criteria apply, you cannot submi t an NOI and you must apply for an individual permit.

2.3.23. Will the proposed action by the applicant a ffect properties listed, or eligible for listing, o n the National Register of Historic Places? As required b y Part 1.3.6, you must meet one or more of the following four criteria (A-D) to be eligible for co verage under the permit for your wastewater discharge and discharge-related activities. Select the NHPA criterion applicable:

Criterion A
Criterion B
Criterion C
Criterion DPermit No. NDG589### Page No. 10 of 52

If none of the four criteria apply, you cannot subm it an NOI and you must apply for an individual permit.

2.3.24. Report the results of any monitoring of dis charges that occurred during the past three (3) yea rs. Include the dates and location of any samples that were taken.

2.3.25. The Notice of Intent must be submitted by the organization or entity that has the legal respo nsibility for operating the wastewater lagoon system, shall b e signed in accordance with the signatory requirements of Part 7.7, and the person signing th e Notice of Intent shall make the following

certification:

“I certify under penalty of law that this docume nt and all attachments were prepared under my direction or supervision in accordance with a syste m designed to assure that qualified personnel properly gather and evaluate the information submit ted. Based on my inquiry of the person or persons who manage the system, or those persons dir ectly responsible for gathering the information, the information submitted is, to the best of my kno wledge and belief, true, accurate, and complete. I am aware that there are significant penalties for s ubmitting false information, including the possibility of fine and imprisonment for knowing vi olations.”

Typed or Printed Name: Signature D ate
Title:

Upon review of the submitted eNOI, the Director m ay request additional information. Authorization to discharge under this permit does not begin until th e operator receives written authorization from
the Director.

2.4. Where to Submit Notice of Intent

EPA general permits now require use of the eNOI sys tem unless you are specifically granted a waiver from using the system. To request a waiver, a lette r must be sent to the EPA R8 Wastewater Unit describing why the eNOI system cannot be utilized f or submission of the information required for permi t authorization. Requests for eNOI waivers and paper copies of NOIs not submitted electronically via EPA’s eNOI system must be submitted to EPA at the f ollowing address:

U.S. EPA, Region 8 Wastewater Unit (8P-W-WW) 1595 Wynkoop Street Denver, CO 80202-1129

A copy of completed NOIs shall also be submitted t o the applicable Tribe (see Appendix A for list of Tribal Environmental Offices).Permit No. NDG589### Page No. 11 of 52

3. DISCHARGE (DIS) – AUTHORIZATION TO DISCHARGE

3.1. Effluent Limitations: Effective immediately a nd lasting through the life of this permit, the qua lity of effluent discharged by the facility shall, at a min imum, meet the limitations as set forth below:

TABLE 1

Effluent Limitations DISCHARGE Facilities

Effluent Characteristic 30-Day Average a/ 7-Day

Average a/ Daily

Maximum a/
5-day Biochemical Oxygen Demand (BOD 5 ), mg/L 30 45 N/A

Total Suspended Solids (TSS), mg/L b/ 30 45 N/A

The pH of the effluent shall not be less than 6.0 o r greater than 9.0 in any single sample or analysis . c/

The concentration of oil and grease in any single s ample shall not exceed 10 mg/L nor shall there be a ny visible sheen in the receiving water or adjoining s horeline.

Additional Chlorine Parameter DISCHARGE Facilities d/:

TABLE 2

Additional Effluent Limitations for DISCHARGE Facil ities that receive drinking water backwash or facilities that provide additional chlorine additio n:

Effluent Characteristic 30-Day Average a/ 7-Day

Average a/ Daily

Maximum a/

Total Residual Chlorine (TRC), mg/L e/ 0.011 N/A 0.019

Additional Escherichia coli Parameter for DISCHARGE Facilities d/:

TABLE 3

Additional Effluent Limitations for DISCHARGE Facil ities that discharge to recreational or tribal use areas as determined by individual tribal uses:

Effluent Characteristic 30-Day Average a/ 7-Day

Average a/ Daily

Maximum a/

Escherichia coli , colonies/100 mL f/ A grab sample shall not exceed 235 colonies/100 mL. The 5-day geometric mean shall not exceed 126

colonies/100 mL.

Additional Ammonia Parameter for DISCHARGE Faciliti es d/:

TABLE 4 Additional Effluent Limitations and/or monitoring f or DISCHARGE Facilities where ammonia limitations are specified in tribal water quality standards:

Effluent Characteristic 30-Day Average a/ 7-Day

Average a/ Daily

Maximum a/
Total Ammonia Nitrogen (TAN) g/ 1.9 N/A 17Permit No. NDG589### Page No. 12 of 52

a/ See Definitions, Part 8, for definition of ter ms.

b/ The Secondary Treatment Regulation (40 C.F.R. Part 133) provides for higher effluent limitations for TSS for waste stabilization ponds provided that : (1) Waste stabilization ponds are the principal process used for secondary treatment; (2) The opera tion and maintenance data indicate that the above effluent limitations on TSS cannot be achieved; and , (3) The above effluent limitations on BOD 5 are being met.

The EPA may change the effluent limitations on T SS to the higher limitations without going to public notice upon demonstration of the above crite ria. If a facility had the higher effluent limitati ons on TSS in the previous permit, the EPA may assign t hose effluent limitations, based on 40 C.F.R. § 133.105(d) to that facility effective upon authoriz ation of coverage under this permit.

c/ The Secondary Treatment Regulation (40 C.F.R. § 133.102(c)) has provisions for pH limitations outside the range of 6.0 - 9.0 where it can be demo nstrated that: (1) Inorganic chemicals are not added to the waste stream as part of the treatment process; and (2) contributions from industrial sources do not cause the pH of the effluent to be l ess than 6.0 or greater than 9.0. The EPA may change the effluent limitations on pH to outside th e range of 6.0 - 9.0 without going to public notice upon demonstration of the above criteria.

d/ Facility specific and/or water quality specific requirements apply to those facilities where addit ional effluent limitations or monitoring is required to e nsure that water quality is protected. These facili ty specific and/or water quality specific requirements are in addition to any requirements specified elsewhere in this permit. Notification of additiona l permit parameters will be based on the limitation s provided in this permit and will be listed in the l etter of authorization.

e/ For the purposes of the permit, the minimum lim it of analytical reliability in the analysis for to tal residual chlorine is considered to be 0.010 mg/L. F or purposes of this permit and calculating averages and reporting in the DMR form, analytical values less than 0.10 mg/L shall be considered to be in compliance with this permit.

f/ The limits for Escherichia coli of 126 colonies/100mL based on the geometric mean, require a minimum of 5 samples be obtained during separate 24 -hour periods for any 30-day period. In addition, any single sample result may not exceed 2 35 colonies/100 mL, nor shall more than 20 percent of the samples examined in this same 30-day period exceed 126 colonies/100 mL. The limits

for Escherichia coli apply between May 1 and September 30 only.

g/ EPA recommends an acute criterion magnitude of 1 7 mg Total Ammonia Nitrogen (TAN) per liter at pH 7 and 20°C for a one-hour average duration, not to be exceeded more than once every three years on average. EPA recommends a chronic criterion magn itude of 1.9 mg TAN/L at pH 7 and 20°C for a 30-day average duration, not to be exceeded more than once every three years on average. In addition, the highest four-day average within a 30- day period should not exceed 2.5 times the chronic criterion magnitude (e.g. 1.9 mg TAN/L x 2. 5 = 4.8 mg TAN/L at pH 7 and 20°C) more than once in three years on average. Receiving water tem perature and pH must be taken concurrently with discharge.Permit No. NDG589### Page No. 13 of 52

3.2. Self-Monitoring Requirements: At a minimum, u pon the effective date of this permit, the followin g constituents shall be monitored at the frequency an d with the type of measurement indicated; samples o r measurements shall be representative of the volume and nature of the monitored discharge. If no discharge occurs during the entire monitoring perio d, it shall be stated on the Discharge Monitoring Report (DMR) Form (EPA No. 3320-1) that no discharg e or overflow occurred.

3.2.1 Self-monitoring frequency for DISCHARGE facil ities will be based upon their discharge regimen

and will be specified in the facility authorization letter. Monitoring schedules will be based upon frequency of discharges, and dischargers will be as signed one of three sub-categories; A – Monthly, B – Quarterly, C – Semi-annual reporting.

3.2.1.1. A – Monthly Monitoring

For facilities with continuous discharges, flow, pH , and oil and grease are to be monitored weekly and BOD 5 and TSS, Total Ammonia as N, Total Nitrogen, Total Phosphorus, and additionally applied parameters are to be monitored monthly.

During discharge periods, at least a weekly instant aneous reading is to be taken of the discharge flow rate, but the permittee has the option of taki ng more frequent flow measurements or even monitoring flow continuously. The normal monitoring for oil and grease is to be a weekly visual observation for an oil sheen or floating oil during the monitoring period. In the event that an oil sheen or floating oil is observed, then a grab samp le shall be immediately taken, analyzed, and the results reported along with the other monitorin g results for that reporting period.

3.2.1.2. B – Quarterly Monitoring

For facilities with quarterly discharges, BOD 5 , TSS, flow, pH, and oil and grease, Total Ammonia as N, Total Nitrogen, Total Phosphorus, and additionally applied parameters are to be monitored quarterly during any discharge activity.

During discharge periods, at least a weekly instant aneous reading is to be taken of the discharge flow rate, but the permittee has the option of taki ng more frequent flow measurements or even monitoring flow continuously. The normal monitoring for oil and grease is to be a weekly visual observation for an oil sheen or floating oil during the monitoring period. In the event that an oil sheen or floating oil is observed, then a grab samp le shall be immediately taken, analyzed, and the results reported along with the other monitorin g results for that reporting period.

3.2.1.3. C
– Semi-Annual or Periodic Monitoring

For facilities with semi-annual or periodic dischar ges, BOD 5 , TSS, flow, pH, and oil and grease, Total Ammonia as N, Total Nitrogen, Total Phosphoru s, and additionally applied parameters are to be monitored during any discharge activity.

During discharge periods, at least a weekly instant aneous reading is to be taken of the discharge flow rate, but the permittee has the option of taki ng more frequent flow measurements or even monitoring flow continuously. The normal monitorin g for oil and grease is to be a weekly visual observation for an oil sheen or floating oil during the monitoring period. In the event that an oil sheen or floating oil is observed, then a grab samp le shall be immediately taken, analyzed, and the results reported along with the other monitorin g results for that reporting period.Permit No. NDG589### Page No. 14 of 52

3.2.2. Sample Types:

Effluent Characteristic Sample Type a/

Flow, MGD b/ Instantaneous

5-day Biochemical Oxygen Demand (BOD 5 ), mg/L Grab

pH, standard units Instantaneous

Total Suspended Solids (TSS), mg/L Grab

Total Dissolved Solids (TDS), mg/L Grab

Total Residual Chlorine (TRC), mg/L Grab

Total Ammonia Nitrogen (TAN) c/ Grab

Escherichia coli , colonies/100 mL Grab

Total Nitrogen (N), mg/L Grab

Total Phosphorus (P), mg/L Grab

Oil and Grease, Visual Observation Observation

Oil and Grease, mg/L d/ Grab

a/ See Definitions, Part 8, for definition of terms in the permit.

b/ Flow measurements of effluent volume shall be ma de in such a manner that the permittee can affirmatively demonstrate that representative value s are being obtained. The average flow rate (in gallons per day) during the reporting period and th e daily maximum flow (maximum volume discharged during a 24-hour period) shall be report ed. Alternately, for facilities that do not have fixed flow measurement devices in place, flow may b e estimated by performing calculations based on; the dimensions of the lagoon, discharge rate, l ength of discharge and depth markers.

c/ Ammonia monitoring is required for all discharge s under the lagoon general permit. Ammonia monitoring data will be utilized to assess if water quality effects on streams require future limitations on ammonia to protect aquatic life. Rec eiving water temperature and pH must be taken concurrently with discharge.

d/ In the event that an oil sheen or floating oil i s observed in the discharge, a grab sample shall be taken immediately and analyzed in accordance with the req uirements of 40 C.F.R. Part 136. If no grab sample was taken during the reporting period becaus e no visible sheen was observed, enter “No grab sample required this reporting period.” or similar verbiage on the appropriate line of the discharge monitoring report form.

3.3. Inspection Requirements

3.3.1. On at least a weekly basis, unless otherwis e modified by written approval from the EPA, the permittee shall inspect its wastewater treatment fa cility. The permittee shall maintain a notebook recording all information obtained during the inspe ction. At a minimum, the notebook shall include the following:Permit No. NDG589### Page No. 15 of 52

3.3.1.1. Name of facility and permit number; 3.3.1.2. Date and time of the inspection; 3.3.1.3. Name of the inspector(s); 3.3.1.4. The facility's discharge status; 3.3.1.5. The flow rate of the discharge if occurri ng; 3.3.1.6. If a discharge is occurring, has occurred since the previous inspection, and/or if a dischar ge is

likely to occur before the next inspection. (Note: If a discharge has occurred or is likely to occur before the next inspection, perform the appropriate monitoring and reporting requirements in Parts 3.2 and 5.4 of this permit if not already don e.); 3.3.1.7. Is there is any leakage through the dikes ; 3.3.1.8. Are there are any animal burrows in the d ike; 3.3.1.9. Is there any erosion of the dikes (e.g., rills, cracks or other structural indications of er osion); 3.3.1.10. Are there are any rooted plants, includi ng weeds growing in the water; 3.3.1.11. Does the vegetation growth on the dikes needs mowing (e.g. greater than 6” tall); 3.3.1.12. List the date scheduled for operation an d maintenance procedures to be undertaken at the

wastewater treatment facility. 3.3.1.13. Identification of operational problems a nd/or maintenance problems; 3.3.1.14. Recommendations, as appropriate, to reme dy identified problems; 3.3.1.15. A brief description of any actions taken with regard to problems identified; and, 3.3.1.16. Other information, as appropriate.

The permittee shall maintain the notebook in acc ordance with required record-keeping items listed above and shall make the log available for inspecti on, upon request, by authorized representatives of the U.S. Environmental Protection Agency or the app licable Tribe (see Part 5.10 of this permit).

3.3.3. Problems identified during the inspection s hall be listed with corrective action and a time fr ame to correct the issue. Example: repair cracks in North berm, remove animal and repair burrow, within 7 days. (See Part 6.5 of this permit.)Permit No. NDG589### Page No. 16 of 52

4. NO DISCHARGE (NODIS) - NO AUTHORIZATION TO DISCH ARGE

4.1. No Discharge Requirement: Effective immediate ly and lasting through the life of this permit, the re shall be no discharge except in accordance with the bypass provisions of this permit. If an unauthoriz ed release occurs or is expected to occur, the permitt ee shall take the appropriate measures to minimize the discharge of pollutants (see Part 6.7).

4.2. Self-Monitoring Requirements: If an unauthori zed release is discovered or expected to occur, the discharge shall be monitored as shown below:

Effluent Characteristic Frequency Sample Type a/

Total Flow, gpm c/ b/ Instantaneous

5-day Biochemical Oxygen Demand (BOD 5 , mg/L b/ Grab

pH, standard units b/ Grab

Total Suspended Solids (TSS), mg/L b/ Grab

Total Ammonia Nitrogen (TAN), mg/L b/ Grab

Total Nitrogen (N), mg/L b/ Grab

Total Phosphorus (P), mg/L b/ Grab

Oil and grease, Visual d/ b/ Observation

Oil and Grease, mg/L d/ d/ Grab

a/ See Definitions, Part 8, for definition of ter ms.

b/ The discharge shall be monitored three times p er week for the first week of discharge (sample tak en and flow rate measured), including once as soon as practical after the unauthorized release is discovered or when an expected unauthorized release begins, and at weekly intervals thereafter until the unauthorized release stops. If the discharge la sts less than one week in duration, monitoring shal l be performed at the beginning, middle, and end of t he discharge event. The permittee shall report the monitoring results using the format on the last pag e of this permit in accordance with the instruction s in Part 5.4.2. A photocopy of the page of Part 9 ma y be used.

c/ If it is not possible to measure the rate of d ischarge, the rate of discharge shall be estimated. In addition, the permittee shall monitor the duration and approximate volume of each discharge.

d/ In the event that an oil sheen or floating oil is observed in the discharge, a grab sample shall be taken immediately and analyzed in accordance with the req uirements of 40 C.F.R. Part 136. If no grab sample was taken because no visible sheen was obser ved, enter “No Visible sheen observed, so no grab sample required.” or similar verbiage when rep orting the monitoring data.

4.3. Inspection Requirements

4.3.1. On at least a weekly basis, unless otherwis e modified by written approval from the EPA, the permittee shall inspect its wastewater treatment fa cility. The permittee shall maintain a notebook recording all information obtained during the inspe ction. At a minimum, the notebook shall include the following information: (see Appendix D for Exam ple Lagoon Inspection Form)Permit No. NDG589### Page No. 17 of 52

4.3.1.1. Name of facility and permit number; 4.3.1.2. Date and time of the inspection; 4.3.1.3. Name of the inspector(s); 4.3.1.4. The facility's discharge status; 4.3.1.5. The flow rate of the discharge if occurri ng; 4.3.1.6. If a discharge is occurring, has occurred since the previous inspection, and/or if a dischar ge is

likely to occur before the next inspection. (Note: If a discharge has occurred or is likely to occur before the next inspection, perform the appropriate monitoring and reporting requirements in Parts 4.2 and 5.4.2 of this permit if not already d one.); 4.3.1.7. Is there is any leakage through the dikes ; 4.3.1.8. Are there are any animal burrows in the d ike; 4.3.1.9. Is there any erosion of the dikes; 4.3.1.10. Are there are any rooted plants, includi ng weeds growing in the water; 4.3.1.11. Does the vegetation growth on the dikes needs mowing (e.g. greater than 6” tall); 4.3.1.12. List the date scheduled for operation an d maintenance procedures to be undertaken at the

wastewater treatment facility. 4.3.1.13. Identification of operational problems a nd/or maintenance problems; 4.3.1.14. Recommendations, as appropriate, to reme dy identified problems; 4.3.1.15. A brief description of any actions taken with regard to problems identified; and, 4.3.1.16. Other information, as appropriate.

The permittee shall maintain the notebook in acc ordance with required record-keeping items listed above and shall make the log available for inspecti on, upon request, by authorized representatives of the U.S. Environmental Protection Agency or the app licable Tribe (see Part 5.10 of this permit).

4.3.3. Problems identified during the inspection shall be listed with corrective action and a time f rame to correct the issue. Example: repair cracks in North berm, remove animal and repair burrow, within 7 days. (See Part 6.5 of this permit.)Permit No. NDG589### Page No. 18 of 52

5. MONITORING, RECORDING AND REPORTING REQUIREMENTS

5.1. Representative Sampling. Samples taken in comp liance with the monitoring requirements established

under Parts 3 and 4 shall be collected from the eff luent stream prior to discharge into the receiving waters. Samples and measurements shall be represent ative of the volume and nature of the monitored discharge.

5.2. Monitoring Procedures. Monitoring must be cond ucted according to test procedures approved under 4 0 C.F.R. Part 136, unless other test procedures have been specified in this permit.

5.3. Penalties for Tampering. The Act provides that any person who falsifies, tampers with, or knowing ly 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 two years or both. Second conviction is punishable by a fine of not more than $20,000 or by imprisonment of not more than four years, or both.

5.4. Reporting of Monitoring Results.

5.4.1. Reporting of Effluent Monitoring Results for DISCHARGE Facilities. Effluent monitoring results

obtained during the previous month shall be summarized and reported on a Discharge Mon itoring Report (DMR) Form (EPA No. 3320-1), postmarked no l ater than the 28th day of the month following the completed reporting period. If no dis charge occurs during the reporting period, "no discharge" shall be reported, see example below.

Reporting Period DMR Due Date Monthly (e.g. January) 28 th day of the following month (February 28 th ) Quarterly (e.g. April – June) 28 th day following the end of the quarter (July 28 th ) Semi-annually (e.g. July – December) 28 th day following the end of the 6 th month (January

28 th )

A copy of the laboratory reports for whole effluent toxicity testing shall be submitted along with the DMR for that reporting period. Legible copies of th ese, and all other reports required herein, shall b e signed and certified in accordance with the Signato ry Requirements (see Part 7.7), and submitted to the Planning and Targeting Program and the applicab le Tribe at the addresses given in Part 5.4.3

below.

5.4.2. Reporting of Effluent Monitoring Results NO DISCHARGE Facilities. In the case of an unanticipated discharge, effluent monitoring result s obtained during the duration of each discharge

shall be summarized in the format of Part 9 of this permit or on a photoco py of that page of this permit , postmarked no later than the 28th day of the mont h following the beginning of the unauthorized release. If the discharge continues in to the next month, monitoring results shall be reported monthly until the discharge is terminated. Legible copies of these, and all other reports required herein, shall be signed and certified in a ccordance with the Signatory Requirements (see Part 7.7), and submitted to the EPA Region 8 Policy , Information Management & Environmental Justice Program and the specified Tribe at the addr esses given in Part 5.4.3 below.

5.4.3. Paper submission of discharge monitoring re ports: Hard copies of DMRs shall be sent via U.S. M ail

as follows:Permit No. NDG589### Page No. 19 of 52

Original to: U.S. EPA, Region 8 Policy, Information Management & Environment al Justice Program (8ENF-PJ)

Attention: Director 1595 Wynkoop Street Denver, Colorado 80202-1129

Copy to: Applicable Tribe (see Appendix A for l ist of Tribes)

5.4.4. Electronic submission of discharge monitorin g reports: NPDES permittees required to submit DMRs

may use NetDMR after requesting and receiving permi ssion from the EPA. After the EPA has approved the facility’s request, the NetDMR tool en ables permittees to complete their DMRs via a

secure Internet connection.

For more information on getting started, please vis it;

https://netdmr.epa.gov/netdmr/public/getting_starte d.htm.

5.5. Additional Monitoring by the Permittee. If the permittee monitors any pollutant more frequently t han required by this permit, using test procedures appr oved under 40 C.F.R. Part 136 and 40 C.F.R. Part 503, or as specified in this permit, the results of this monitoring shall be included in the calculati on and reporting of the data submitted in the DMR. Such in creased frequency shall also be indicated.

5.6. Records Contents. Records of monitoring inform ation shall include:

5.6.1 The date, exact place, and time of sampling or measurements; 5.6.2. The initials or name(s) of the individual(s ) who performed the sampling or measurements; 5.6.3. The date(s) analyses were performed; 5.6.4. The time(s) analyses were initiated; 5.6.5. The initials or name(s) of individual(s) wh o performed the analyses; 5.6.6. References and written procedures, when ava ilable, for the analytical techniques or methods us ed; and, 5.6.7. The results of such analyses, including the bench sheets, instrument readouts, computer disks or tapes, etc., used to determine these results.

5.7. Retention of Records. The permittee shall reta in records of all monitoring information, including all calibration and maintenance records and all origina l strip chart recordings for continuous monitoring instrumentation, copies of all reports required by this permit, and records of all data used to comple te the application for this permit, inspection records , notifications to the EPA per this permit, and DMR s, for a period of at least five years from the date o f the sample, measurement, report, application or submittal. Records of monitoring required by this p ermit related to sludge use and disposal activities must be kept at least five years (or longer as requ ired by 40 C.F.R. Part 503). This period may be extended by request of the Director at any time. Da ta collected on site, data used to prepare the DMR, copies of DMRs, a copy of this NPDES permit, and th e notice of intent for permit coverage, must be

maintained on site.

5.8. Twenty-four Hour Notice of Noncompliance Repor ting.Permit No. NDG589### Page No. 20 of 52

5.8.1. The permittee shall report any noncomplianc e which may endanger health or the environment as soon as possible, but no later than twenty-four (24 ) hours from the time the permittee first became aware of the circumstances. The report shall be mad e to the EPA, Region 8, Preparedness, Assessment and Response Program at (303) 293-1788 a nd the applicable Tribe (see Appendix A for list of Tribes and telephone numbers).

5.8.2. The following occurrences of noncompliance shall be reported by telephone to the EPA, Region 8

, NPDES Enforcement Unit at (800) 227-8917 (8:00 a.m. - 4:30 p.m. Mountain Time) and the applicable Tribe (see Appendix A for list of Tribes and telephone numbers) (8:00 a.m. - 4:30 p.m. local time) by the first workday following the day the permittee became aware of the circumstances:

5.8.2.1. Any unanticipated bypass which exceeds an y effluent limitation in the permit (See Part 6.7,

Bypass of Treatment Facilities.);

5.8.2.2. Any unauthorized release, including sanit ary sewer overflows;

5.8.2.3. Any upset which exceeds any effluent limi tation in the permit (See Part 6.8, Upset Condition s.);

or,

5.8.2.4. Any violation of a discharge limitation f or any of the pollutants listed in the permit to be reported

within 24 hours.

5.8.3. A written submission shall also be provided to the EPA and to the applicable Tribe within five days of the time that the permittee becomes aware of the circumstances. The written submission shall

contain:

5.8.3.1. A description of the noncompliance and it s cause;

5.8.3.2. The period of noncompliance, including ex act dates and times;

5.8.3.3. The estimated time noncompliance is expec ted to continue if it has not been corrected; and,

5.8.3.4. Steps taken or planned to reduce, elimina te, and prevent reoccurrence of the noncompliance.

The written submission shall be submitted to th e following addresses:

Original to: U.S. EPA, Region 8 Policy, Information Management & Environmen tal Justice Program (8ENF-PJ)
Attention: Director 1595 Wynkoop Street Denver, Colorado 80202-1129

Copy to: Applicable Tribe (see Appendix A for list of Tribes)

5.8.4. The Director may waive the written report o n a case-by-case basis for an occurrence of noncompliance listed under Part 5.8.2 above, if the incident has been orally reported in accordance with the requirements of Part 5.8.2.Permit No. NDG589### Page No. 21 of 52

5.9. Other Noncompliance Reporting. Instances of no ncompliance not required to be reported within 24 hours shall be reported at the time that monitoring reports for Part 5.4 are submitted. The reports sh all
contain the information listed in Part 5.8.3.

5.10. Inspection and Entry. The permittee shall all ow the Regional Administrator or authorized represe ntative (including an authorized contractor acting as a rep resentative of the Administrator) upon presentation of credentials and other documents as may be required by law, to:

5.10.1. Enter upon the permittee's premises where a regulated facility or activity is located or condu cted, or where records must be kept under the conditions of this permit;

5.10.2. Have access to and copy, at reasonable time s, any records that must be kept under the conditio ns of this permit;

5.10.3. Inspect at reasonable times any facilities, equipment (including monitoring and control equipm ent), practices, or operations regulated or required unde r this permit; and,

5.10.4. Sample or monitor at reasonable times, for the purpose of assuring permit compliance or as otherwise authorized by the Act, any substances or parameters at any location.Permit No. NDG589### Page No. 22 of 52

6. COMPLIANCE RESPONSIBILITIES

6.1. Duty to Comply. The permittee must comply with all conditions of this permit. Any failure to comp ly with the permit may constitute a violation of the C lean Water Act and may be grounds for enforcement action, including, but not limited to permit termin ation, revocation and reissuance, modification, or denial of a permit renewal application. The permitt ee shall give the director advance notice of any planned changes at the permitted facility that will change any discharge from the facility, or of any activity that may result in failure to comply with permit conditions.

6.2. Penalties for Violations of Permit Conditions. The Clean Water Act provides for specified civil a nd criminal monetary penalties for violations of its p rovisions. However, the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended by the Debt Collection Improvement Act of 1996, requires EPA to adjust the civil monetary penalties for inflation on a periodic basis. EPA previously adjusted its civil monetary penalties on December 3 1, 1996 (61 Fed. Reg. 69359-69365), with technical corrections and additions published on March 20, 19 97 (62 Fed. Reg. 13514-13517), June 27, 1997 (62 Fed. Reg. 35037-35041), February 13, 2004 (69 Fed. Reg. 7121-7127) and December 11, 2008 (73 Fed. Reg. 75340-75346). On November 6, 2013 (78 Fed. Reg . 66643-66648) EPA once again adjusted its civil monetary penalties. The civil and criminal pe nalties, as of December 6, 2013, for violations of the Act (including permit conditions) are given below:

6.2.1. Any person who violates Section 301, 302, 3 06, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any such secti ons in a permit issued under Section 402, or any requirement imposed in a pretreatment program appro ved under Section 402(a)(3) or 402(b)(8) of the Act, is subject to a civil penalty not to excee d $37,500 per day for each violation.

6.2.2. Any person who negligently violates Section 301, 302, 306, 307, 308, 318, or 405 of the Act, or any condition or limitation implementing any of such se ctions in a permit issued under Section 402 of the Act, or any requirement imposed in a pretreatment p rogram approved under Section 402(a)(3) or 402(b)(8) of the Act, is subject to criminal penalt ies of $2,500 to $25,000 per day of violation, or imprisonment for not more than 1 year, or both. In the case of a second or subsequent conviction for a negligent violation, a person shall be subject to criminal penalties of not more than $50,000 per da y of violation, or by imprisonment for not more than 2 years, or both.

6.2.3. Any person who knowingly violates Section 301, 302, 306, 307, 308, 318, or 405 of the Act, or any condition or limitation implementing any of such se ctions in a permit issued under Section 402 of the Act, or any requirement imposed in a pretreatment p rogram approved under Section 402(a)(3) or 402(b)(8) of the Act, is subject to criminal penalt ies of $5,000 to $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, a person shall be subject to c riminal penalties of not more than $100,000 per day of violation, or imprisonment for not more than 6 years, or both.

6.2.4. Any person who knowingly violates Section 301, 302, 303, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under Section 402 of the 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 for not more tha n 15 years, or both. In the case of a second or subsequent conviction for a knowing endangerment vi olation, a person shall be subject to a fine of not more than $500,000 or by imprisonment for not m ore than 30 years, or both. An organization, as defined in Section 309(c)(3)(B)(iii) of the CWA, sh all, upon conviction of violating the imminentPermit No. NDG589### Page No. 23 of 52

danger provision, be subject to a fine of not more than $1,000,000 and can be fined up to $2,000,000 for second or subsequent convictions.

6.2.5. Any person may be assessed an administrati ve penalty by the Administrator for violating Secti on 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 Secti on 402 of this Act. Where an administrative enforcement action is brought for a Class I civil p enalty, the assessed penalty may not exceed $16,000 per violation, with a maximum amount not to exceed $37,500. Where an administrative enforcement action is brought for a Class II civil penalty, the assessed penalty may not exceed $16,000 per day for each day during which the viola tion continues, with the maximum amount not to exceed $187,500.

6.3. Need to Halt or Reduce Activity not a Defense. It shall not be a defense for a permittee in an

enforcement action that it would have been necessar y to halt or reduce the permitted activity in order to maintain compliance with the conditions of this per mit.

6.4. Duty to Mitigate. The permittee shall take all reasonable steps to minimize or prevent any discha rge or sludge use or disposal in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment.

6.5. Proper Operation and Maintenance. The permitte e shall at all times properly operate and maintain all facilities and systems of treatment and control (an d related appurtenances) which are installed or use d by the permittee to achieve compliance with the con ditions of this permit. Proper operation and maintenance also includes adequate laboratory contr ols 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 condition s of the permit. However, the permittee shall operate , at a minimum, one complete set of each main line unit treatment process whether or not this process is needed to achieve permit effluent compliance.

In addition to the operation and maintenance item s in the manual for the lagoon system, the permitte e shall do the following maintenance:

6.5.1. Take necessary action to promptly correct t he problem of leakage through the dikes; 6.5.2. Take necessary action to promptly remove bu rrowing animals from the dikes; 6.5.3. Promptly repair damage to dikes caused by b urrowing animals and/or erosion; 6.5.4. Remove rooted plants, including weeds, from the water on a regular basis or as needed; and 6.5.5. Keep the dikes mowed on a regular basis dur ing the growing season or as needed (e.g., keep gro wth below 6" in height).

6.6. Removed Substances. Collected screenings, grit , solids, sludge (including sewage sludge), or othe r pollutants removed in the course of treatment shall be buried or disposed in a manner consistent with all applicable federal and tribal regulations (e.g., 40 C.F.R. Part 257, 40 C.F.R. Part 258, 40 C.F.R. Par t 503). Sludge/digester supernatant and filter backwa sh shall not be directly blended with or enter eith er the final plant discharge and/or waters of the Unit ed States.

6.7. Bypass of Treatment Facilities.Permit No. NDG589### Page No. 24 of 52

6.7.1. Bypass not exceeding limitations. The permi ttee 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 Parts 6.7.2 and 6.7.3.

6.7.2. Notice:

6.7.2.1. Anticipated bypass. If the permittee know s in advance of the need for a bypass, it shall sub mit

prior notice, if possible at least 10 days before t he date of the bypass to the EPA Region 8 Technical Enforcement Program and to the applicable Tribe (see Part 5.8.3 for addresses).

6.7.2.2. Unanticipated bypass. The permittee shall submit notice of an unanticipated bypass as requir ed

under Part 5.8, Twenty-four Hour Notice of Noncompl iance Reporting, to the EPA Region 8 Technical Enforcement Program and to the applicable Tribe.

6.7.3. Prohibition of bypass.

6.7.3.1. Bypass is prohibited and the Director may take enforcement action against a permittee for a

bypass, unless:

6.7.3.1.1. The bypass was unavoidable to prevent loss of life, personal injury, or severe property

damage;

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

facilities, retention of untreated wastes, or maint enance during normal periods of equipment downtime. This condition is not satisfied if adequa te back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtim e or preventive maintenance; and,

6.7.3.1.3. The permittee submitted notices as requ ired under Part 6.7.2.

6.7.3.2. The Director may approve an anticipated b ypass, after considering its adverse effects, if th e

Director determines that it will meet the three con ditions listed above in Part 6.7.3.1.

6.8. Upset Conditions

6.8.1. Effect of an upset. An upset constitutes an affirmative defense to an action brought for noncompliance with technology based permit effluent limitations if the requirements of Part 6.8.2 are met. No determination made during administrative re view of claims that noncompliance was caused by upset, and before an action for noncompliance, i s final administrative action subject to judicial review (i.e., Permittees will have the opportunity for a judicial determination on any claim of upset only in an enforcement action brought for noncompli ance with technology-based permit effluent limitations).

6.8.2. Conditions necessary for a demonstration of upset. A permittee who wishes to establish the affirmative defense of upset shall demonstrate, thr ough properly signed, contemporaneous operating logs, or other relevant evidence that:

6.8.2.1. An upset occurred and that the permittee can identify the cause(s) of the upset;Permit No. NDG589### Page No. 25 of 52

6.8.2.2. The permitted facility was at the time be ing properly operated;

6.8.2.3. The permittee submitted notice of the ups et as required under Part 5.8, Twenty-four Hour Not ice

of Noncompliance Reporting; and,

6.8.2.4. The permittee complied with any remedial measures required under Part 6.4, Duty to Mitigate.

6.8.3. Burden of proof. In any enforcement proceed ing, the permittee seeking to establish the occurre nce of an upset has the burden of proof.

6.9. Industrial Waste Management

6.9.1. The Permittee has the responsibility to pro tect the Publicly Owned Treatment Works (POTW) from pollutants which would inhibit, interfere, or other wise be incompatible with operation of the treatment works including interference with the use or disposal of municipal sludge.

6.9.2. Pretreatment Standards (40 C.F.R. § 403.5) developed pursuant to Section 307 of the Federal Cl ean Water Act (the Act) require that the Permittee shal l not allow, under any circumstances, the introduction of the following pollutants to the POT W from any source of nondomestic discharge:

6.9.2.1. Any other pollutant which may cause Pass Through or Interference.

6.9.2.2. Pollutants which create a fire or explosi on hazard in the POTW, including, but not limited t o,

waste streams with a closed cup flashpoint of less than sixty (60) degrees Centigrade (140 degrees Fahrenheit) using the test methods specifie d in 40 C.F.R. § 261.21;

6.9.2.3. Pollutants which will cause corrosive str uctural damage to the POTW, but in no case discharg es

with a pH of lower than 5.0 s.u., unless the treatm ent facilities are specifically designed to accommodate such discharges;

6.9.2.4. Solid or viscous pollutants in amounts wh ich will cause obstruction to the flow in the POTW, or

other interference with the operation of the POTW;

6.9.2.5. Any pollutant, including oxygen demanding pollutants (e.g., BOD 5 ), released in a discharge at a

flow rate and/or pollutant concentration which will cause Interference with any treatment process at the POTW;

6.9.2.6. Heat in amounts which will inhibit biolog ical activity in the POTW resulting in Interference , but

in no case heat in such quantities that the tempera ture at the POTW treatment plant exceeds forty (40) degrees Centigrade (104 degrees Fahrenheit) un less the Approval Authority, upon request of the POTW, approves alternate temperature limits;

6.9.2.7. Petroleum oil, nonbiodegradable cutting o il, or products of mineral oil origin in amounts th at will

cause Interference or Pass Through;

6.9.2.8. Pollutants which result in the presence o f toxic gases, vapors, or fumes within the POTW in a

quantity that may cause acute worker health and saf ety problems;

6.9.2.9. Any trucked or hauled pollutants, except at discharge points designated by the POTW; andPermit No. NDG589### Page No. 26 of 52

6.9.2.10. Any specific pollutant which exceeds a l ocal limitation established by the Permittee in

accordance with the requirements of 40 C.F.R. §§ 40 3.5(c) and (d).

6.9.3. For the POTWs covered by this permit, EPA p resently is the Approval Authority for the Pretreatment Program and the mailing address for al l reporting and notifications to the Approval Authority shall be: Office of Enforcement, Complian ce, and Environmental Justice - Water (8ENF-W-NP), USEPA - Region 8, 1595 Wynkoop Street, Denver, Colorado 80202-1129.

6.9.4. In addition to the general limitations expr essed above, more specific Pretreatment Standards h ave been and will be promulgated for specific industria l categories under Section 307 of the Act.

6.9.5. The Permittee must notify the Approval Auth ority of any new introductions by new or existing industrial users or any substantial change in pollu tants from any industrial user within sixty (60) da ys following the introduction or change. Such notice m ust identify:

6.9.5.1. Any new introduction of pollutants into t he POTW from an industrial user which would be

subject to Sections 301, 306, or 307 of the Act if it were directly discharging those pollutants; or

6.9.5.2. Any substantial change in the volume or c haracter of pollutants being introduced into the PO TW

by any industrial user;

6.9.5.3. For the purposes of this section, adequat e notice shall include information on:

6.9.5.3.1. The identity of the industrial user;

6.9.5.3.2. The nature and concentration of polluta nts in the discharge and the average and maximum fl ow of

the discharge to be introduced into the POTW; and

6.9.5.3.3. Any anticipated impact of the change on the quantity or quality of effluent to be discharg ed from

or biosolids or sludge produced at such POTW.

6.9.5.4. For the purposes of this section, an indu strial user shall include:

6.9.5.4.1. Any discharger subject to Categorical P retreatment Standards under 40 C.F.R. chapter I,

subchapter N;

6.9.5.4.2. Any discharger, which has a process was tewater flow of 25,000 gallons or more per day;

6.9.5.4.3. Any discharger contributing five percen t or more of the average dry weather hydraulic or o rganic

capacity of the POTW treatment plant;

6.9.5.4.4. Any discharger who is designated by the Approval Authority as having a reasonable potentia l for

adversely affecting the POTW’s operation or for vio lating any Pretreatment Standard or requirements;

6.9.6. At such time as a specific Pretreatment Sta ndard or requirement becomes applicable to an indus trial user of the Permittee, the Approval Authority may, as appropriate:Permit No. NDG589### Page No. 27 of 52

6.9.6.1. Amend the Permittee's NPDES discharge per mit to specify the additional pollutant(s) and

corresponding effluent limitation(s) consistent wit h the applicable national Pretreatment Standards;

6.9.6.2. Require the Permittee to specify, by ordi nance, order, or other enforceable means, the type of

pollutant(s) and the maximum amount which may be di scharged to the Permittee's POTW for treatment. Such requirement shall be imposed in a m anner consistent with the program development requirements of the General Pretreatmen t Regulations at 40 C.F.R. Part 403; and/or,

6.9.6.3. Require the Permittee to monitor its disc harge for any pollutant which may likely be dischar ged

from the Permittee's POTW, should the industrial us er fail to properly pretreat its waste.

6.9.7. The Approval Authority retains, at all time s, the right to take legal action against any sourc e of nondomestic discharge, whether directly or indirectly controlled by the Permittee, for violations of a permit, order or similar enforceable mechanism issu ed by the Permittee, violations of any Pretreatment Standard or requirement, or for failur e to discharge at an acceptable level under national standards issued by EPA under 40 C.F.R. ch apter I, subchapter N. In those cases where a NPDES permit violation has occurred because of the failure of the Permittee to properly develop and enforce Pretreatment Standards and requirements as necessary to protect the POTW, the Approval Authority shall hold the Permittee and/or industria l user responsible and may take legal action against the Permittee as well as the Industrial use r(s) contributing to the permit violation.Permit No. NDG589### Page No. 28 of 52

7. GENERAL REQUIREMENTS

7.1. Planned Changes. The permittee shall give noti ce to the Director as soon as possible of any plann ed physical alterations or additions to the permitted facility. Notice is required only when:

7.1.1. The alteration or addition could significan tly change the nature or increase the quantity of p ollutant discharged. This notification applies to pollutants which are not subject to effluent limitations in t he permit; or,

7.1.2. There are any planned substantial changes t o the existing sewage sludge facilities, the manner of its operation, or to current sewage sludge management p ractices of storage and disposal. The permittee shall give the Director notice of any planned chang es at least 30 days prior to their implementation.

7.1.3. The alteration or addition to a permitted f acility may meet one of the criteria for determinin g whether a facility is a new source.

7.2. 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.

7.3. Permit Actions. This permit may be modified, r evoked and reissued, or terminated for cause. The f iling of a request by the permittee for a permit modifica tion, revocation and reissuance, or termination, or a notification of planned changes or anticipated nonc ompliance, does not stay any permit condition.

7.4. Continuation of the Expired General Permit. Th is permit expires five years after the effective da te. However, an expired general permit may continue in force and effect. If a permittee wants to retain coverage under the continued permit until a new gen eral permit is issued, the permittee must submit a letter containing the following to EPA, and a copy to the applicable Tribe, at the addresses given bel ow:

7.4.1. Name, address, and telephone number of the operator of the facility;

7.4.2. The existing permit number for the facility ; and,

7.4.3. A request that the facility be proved cover age under the continued permit until a new general permit

is issued.

The letter must be signed in accordance with Part 7.7, Signatory Requirements, and mailed to the following address no later than thirty (30) days be fore the expiration date of the permit:

U.S. EPA, Region 8 Wastewater Unit (8P-W-WW) 1595 Wynkoop Street Denver, CO 80202-1129

Copy to: Applicable Tribe (see Appendix A for th e list of tribal contacts)Permit No. NDG589### Page No. 29 of 52

7.5. Duty to Provide Information. The permittee sha ll furnish to the Director, within a reasonable tim e, any information which the Director may request to deter mine whether cause exists for modifying, revoking and reissuing, or terminating this permit, or to de termine compliance with this permit. The permittee shall also furnish to the Director, upon request, c opies of records required to be kept by this permit

.

7.6. Other Information. When the permittee becomes aware that it failed to submit any relevant facts i n a permit application, or submitted incorrect informat ion in a permit application or any report to the Director, it shall promptly submit such facts or in formation.

7.7. Signatory Requirements. All applications, repo rts or information submitted to the Director shall be signed and certified.

7.7.1. All permit applications shall be signed by either a principal executive officer or ranking ele cted

official.

7.7.2. All reports required by the permit and othe r information requested by the Director shall be si gned by a person described above or by a duly authorized re presentative of that person. A person is a duly authorized representative only if:

7.7.2.1. The authorization is made in writing by a person described above and submitted to the Direct or;

and,

7.7.2.2. The authorization specifies either an ind ividual or a position having responsibility for the overall

operation of the regulated facility, such as the po sition of plant manager, superintendent, position of equivalent responsibility, or an individual or p osition having overall responsibility for environmental matters. (A duly authorized represent ative may thus be either a named individual or any individual occupying a named position.)

7.7.3. Changes to authorization. If an authorizati on under Part 7.7.2 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 Part 7 .7.2 must be submitted to the Director prior to or together with any reports, information, or applicat ions to be signed by an authorized representative.

7.7.4. Certification. Any person signing a documen t under this section shall make the following

certification:

"I certify under penalty of law that this document and all attachments were prepared under my directio n or supervision in accordance with a system designed to assure that qualified personnel properly gather an d evaluate the information submitted. Based on my inq uiry of the person or persons who manage the system , or those persons directly responsible for gathering th e 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 fo r submitting false information, including the possibi lity of fine and imprisonment for knowing violation s."

Typed or Printed Name: ____________________________

____________

Signature _________________________________________

___ Title: ___________________________________________ ____ Date _______________Permit No. NDG589### Page No. 30 of 52

7.8. Penalties for Falsification of Reports. The Ac t provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to b e 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 imprisonmen t for not more than six months per violation, or by b oth.

7.9. Availability of Reports. Except for data deter mined to be confidential under 40 C.F.R. Part 2, Su bpart B, all reports prepared in accordance with the terms o f this permit shall be available for public inspect ion at the offices of the Director. As required by the Act , permit applications, permits and effluent data sh all

not be considered confidential.

7.10. Oil and Hazardous Substance Liability. Nothin g in this permit shall be construed to preclude the institution of any legal action or relieve the perm ittee from any responsibilities, liabilities, or pe nalties to which the permittee is or may be subject under Sect ion 311 of the Act.

7.11. Property Rights. The issuance of this permit does not convey any property rights of any sort, or any exclusive privileges, nor does it authorize any inj ury to private property or any invasion of personal rights, nor any infringement of federal, state, tri bal or local laws or regulations.

7.12. Severability. The provisions of this permit a re 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 s uch provision to other circumstances, and the remainder of this permit, shall not be affected thereby.

7.13. Transfers. This permit may be automatically t ransferred to a new permittee if:

7.13.1. The current permittee notifies the Director at least 30 days in advance of the proposed transf er date;

7.13.2. The notice includes a written agreement bet ween the existing and new permittees containing a specific date for transfer of permit responsibility , coverage, and liability between them; and,

7.13.3. The Director does not notify the existing p ermittee and the proposed new permittee of his or h er intent to modify, or revoke and reissue the permit. If this notice is not received, the transfer is effective on the date specified in the agreement me ntioned in Part 7.13.2 above.

7.14. Permittees in Indian Country. EPA is issuing this permit pursuant to the Agency’s authority to implement the Clean Water Act NPDES program in Indi an country, as defined at 18 U.S.C. §1151.

7.15. Reopener Provision. This permit may be reopen ed and modified (following proper administrative procedures) to include the appropriate effluent lim itations (and compliance schedule, if necessary), o r other appropriate requirements if one or more of th e following events occurs:

7.15.1. Water Quality Standards: The water quality standards of the receiving water(s) to which the permittee discharges are modified in such a manner as to require different effluent limits than contained in this permit.

7.15.2. Wasteload Allocation: A wasteload allocati on is developed and approved by the applicable Trib e and/or EPA for incorporation in this permit.Permit No. NDG589### Page No. 31 of 52

7.15.3. Water Quality Management Plan: A revision to the current water quality management plan is approved and adopted which calls for different effl uent limitations than contained in this permit.

7.16. Requiring an Individual Permit or an Alternat ive General Permit.

7.16.1. The Director may require any person authori zed by this permit to apply for and/or obtain eithe r an individual NPDES permit or an alternative NPDES gen eral permit. Any interested person may petition the Director to take action under this par t. Where the Director requires a discharger authorized to discharge under this permit to apply for an individual NPDES permit, the Director shall notify the discharger in writing that a permit appl ication is required. This notification shall includ e a brief statement of the reasons for this decision, a n application form, a statement setting a deadline for the discharger to file the application, and a state ment that on the effective date of issuance or deni al of the individual NPDES permit or the alternative g eneral permit as it applies to the individual permittee, coverage under this general permit shall automatically terminate. Applications shall be submitted to the address given in Part 2.3 of this permit. The Director may grant additional time to submit the application upon request of the applican t. If a discharger fails to submit in a timely manner an individual NPDES permit application as re quired by the Director under this part, then the applicability of this permit to the individual NPDE S permittee is automatically terminated at the end of the day specified by the Director for applicatio n submittal.

7.16.2. Any discharger authorized by this permit ma y request to be excluded from the coverage of this permit by applying for an individual permit. In suc h cases, the permittee shall submit an individual application in accordance with the requirements of 40 C.F.R. § 122.21, with reasons supporting the request, to the Director at the address given in Pa rt 2.3 of this permit. The request may be granted b y issuance of any individual permit or an alternative general permit if the reasons cited by the permittee are adequate to support the request.

7.16.3. When an individual NPDES permit is issued t o a discharger otherwise subject to this permit, or the discharger is authorized to discharge under an alte rnative NPDES general permit, the applicability of this permit to the individual NPDES permittee is au tomatically terminated on the effective date of the individual permit or the date of authorization of coverage under the alternative general permit, whichever the case may be. When an individual NPDES permit is denied to an owner or operator otherwise subject to this permit, or the owner or o perator is denied for coverage under an alternative NPDES general permit, the applicability of this per mit to the individual NPDES permittee is automatically terminated on the date of such denial , unless otherwise specified by the Director.Permit No. NDG589### Page No. 32 of 52

8. DEFINITIONS

8.1. “The Act” means the Clean Water Act (CWA) or t he Federal Water Pollution Control Act, 33 U.S.C. § 1251 et seq.

8.2. “Approval Authority” means the chief administr ative officer of any State agency operating an appr oved program, or the delegated representative of the chi ef administrative officer, in an NPDES State with a n approved State pretreatment program ; and the appropriate Regional Administrator in a no n-NPDES State or a NPDES State without an approved State pr etreatment program.

8.3. “Bypass” means the intentional diversion of wa ste streams from any portion of a treatment facilit y.

8.4. “Composite samples” shall be flow proportioned . The composite sample shall, at a minimum, contain at least four (4) samples collected over the compositi ng period. Unless otherwise specified, the time between the collection of the first sample and the last sample shall not be less than six (6) hours no r more than 24 hours. Acceptable methods for preparat ion of composite samples are as follows:

8.4.1. Constant time interval between samples, sam ple volume proportional to flow rate at time of sampling;

8.4.2. Constant time interval between samples, sam ple volume proportional to total flow (volume) sinc e last sample. For the first sample, the flow rate at the time the sample was collected may be used;

8.4.3. Constant sample volume, time interval betwe en samples proportional to flow (i.e., sample taken every "X" gallons of flow); and,

8.4.4. Continuous collection of sample, with sampl e collection rate proportional to flow rate.

8.5. “Daily Maximum” (“Daily Max.”) is the highest allowable discharge 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 d ischarge is calculated as the total mass of polluta nts discharged over the calendar day. For pollutants wi th limitations expressed in other units of measurement, the daily discharge is calculated as t he average measurement of the pollutant over the calendar day. If only one measurement or sample is taken during the calendar day, that will be considered the average for the calendar day.

8.6. “Director” means the Regional Administrator of EPA Region 8 or an authorized representative.

8.7. “EPA” means the United States Environmental Pr otection Agency.

8.8. A “grab” sample, for monitoring requirements, is defined as a single "dip and take" sample collec ted at a representative point in the discharge stream.Permit No. NDG589### Page No. 33 of 52

8.9. “Indian country” is defined as in 18 U.S.C. § 1151 to mean (a) all land within the limits of any Indian reservation under the jurisdiction of the United St ates Government, notwithstanding the issuance of an y patent, and including rights-of-way running through out the reservation, (b) all dependent Indian

communities within the borders of the United States whether within the original or subsequently acquired territory thereof, and whether within or w ithout the limits of a state, and (c) all Indian allotments, the Indian titles to which have not bee n extinguished, including rights of way running through the same.

8.10. An “instantaneous” measurement, for monitorin g requirements, is defined as a single reading, observation, or measurement.

8.11. The “7-day (and weekly) average”, other than for microbiological organisms (e.g., bacteria, viru ses, etc.), is the arithmetic mean of all samples collec ted during a consecutive 7-day period or calendar w eek, whichever is applicable. Geometric means shall be c alculated for microbiological organisms unless specified otherwise in the permit. The 7-day and we ekly averages are applicable only to those effluent characteristics for which there are 7-day average e ffluent limitations. The calendar week, which begin s on Sunday and ends on Saturday, shall be used for p urposes of reporting self-monitoring data on discharge monitoring report forms. Weekly averages shall be calculated for all calendar weeks with Saturdays in the month. If a calendar week overlaps two months (i.e., the Sunday is in one month and the Saturday in the following month), the weekly av erage calculated for that calendar week shall be

included in the data for the month that contains th e Saturday.

8.12. “Severe property damage” means substantial ph ysical 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.

8.13. “Sewage sludge” is any solid, semi-solid or l iquid residue generated during the treatment of dom estic sewage in a treatment works. Sewage sludge includes , but is not limited to, domestic septage; scum or solids removed in primary, secondary or advanced wa stewater treatment processes; and a material derived from sludge. Sewage sludge does not include ash generated during the firing of sewage sludge in a sewage sludge incinerator or grit and screenin gs generated during preliminary treatment of domest ic sewage in a treatment works.

8.14. The “30-day (and monthly) average”, other tha n for microbiological organisms (e.g., bacteria, vi ruses, etc.), is the arithmetic average of all samples col lected during a consecutive 30-day period or calend ar month, whichever is applicable. Geometric means sha ll be calculated for microbiological organisms unless specified otherwise in the permit. The calen dar month shall be used for purposes of reporting self-monitoring data on discharge monitoring report forms.

8.15. “Unauthorized Releases” mean the discharge of water from the lower end of the treatment or containment system through a release structure or o ver or through retention dikes when the permit requires “No Discharge” (NODIS). For No Discharge f acilities, an unauthorized release is distinguished from a bypass in that a bypass discharges wastewate r prior to the wastewater entering the wastewater lagoon system.Permit No. NDG589### Page No. 34 of 52

8.16. “Upset” means an exceptional incident in whic h there is unintentional and temporary noncomplianc e with technology-based permit effluent limitations b ecause of factors beyond the reasonable control of the permittee. An upset does not include noncomplia nce to the extent caused by operational error, improperly designed treatment facilities, inadequat e treatment facilities, lack of preventive maintena nce, or careless or improper operation.

8.17. “Wastewater lagoon system” means waste stabil ization pond(s), oxidation pond(s), facultative pon d(s), aerated pond(s), aerobic or anaerobic pond(s), or s imilar treatment system.Permit No. NDG589### Page No. 35 of 52

9. FORMAT FOR REPORTING EFFLUENT MONITORING DATA FO R UNAUTHORIZED RELEASES

Permittee Name: __________________________________

________________ NPDES Permit No.: ____________________________

Mailing Address: _____________________________

_____________________________

_____________________________

Name of Facility Contact: _________________________ _________ Phone: ____________________ When discharge started or discovered: _____________ ____________________________ (time, date) End of Discharge: _________________________________ ________________ (time, date)

Time & date 24-Hour Notice of Noncompliance given t o EPA & Tribe

__________________________________________

Describe Location of Discharge (use attachment if i nsufficient space)

___________________________________________________ _______________

___________________________________________________ _______________

ANALYTICAL RESULTS Sample No.

1 Sample No.

2 Sample No.

3 Sample No.

4

Date of Sample

Time of Sample

Flow while Sampling, gpm

BOD 5 , mg/L

TSS, mg/L

pH, s.u.

Oil and Grease, Visual

Oil and Grease, mg/L

I certify under penalty of law that I have personal ly examined and am familiar with the information submitted herein based on my inquiry of those indiv idual(s) directly responsible for obtaining the information. The information submitted is, to the b est of my knowledge, true, accurate and complete. I am aware that there are significant penalties for s ubmitting false information, including the possibil ity of fine and imprisonment for knowing violations.

Typed or Printed Name: ____________________________

____Permit No. NDG589### Page No. 36 of 52

Signature _________________________________________ ___ Date __________________

Title _____________________________________________

___Permit No. NDG589### Page No. 37 of 52

APPENDIX A. LIST OF ENVIRONMENTAL COORDINATORS FOR APPLICABLE TRIBES IN NORTH

DAKOTA

Fort Berthold Reservation
Three Affiliated Tribes Spirit Lake Indian Reservation Spirit Lake Tribe

Administrator, Environmental Division

Three Affiliated Tribes 404 Frontage Road New Town, ND 58763 (701) 627-4569 Tribal Environmental Administrator Spirit Lake Tribe

P.O. Box 99 Fort Totten, ND 58335 (701) 766-1259

Standing Rock Sioux Reservation Standing Rock Sioux Tribe Turtle Mountain Reservation Turtle Mountain Band of Chippewa Indians of

North Dakota

Director of Environmental Department Standing Rock Sioux Tribe
P.O. Box 516 Fort Yates, ND 58538 (701) 854-3823 Director of Tribal Environmental Program Turtle Mountain Band of Chippewa Indians of

North Dakota

P.O. Box 900 Belcourt, ND 58316 (701) 477-0407Permit No. NDG589### Page No. 38 of 52

APPENDIX B. PROCEDURES RELATING TO ENDANGERED SPEC IES PROTECTION

Assessing the Effects of Your Discharge and Dischar ge-Related Activities

Coverage under this permit is available only if you r wastewater discharge and related activities were the subject of an Endangered Species Act (ESA) consulta tion or an ESA Section 10 permit, or if your wastew ater discharge and related activities are not likely to affect any species that are federally-listed as end angered or threatened (“listed”) under the ESA and are not lik ely to adversely affect habitat that is federally-d esignated as “critical” under the ESA. You must follow the pr ocedures in this appendix to assess the potential e ffects of applicable wastewater discharges and related activi ties on listed species and their critical habitat a nd determine which of the eligibility criterion, if an y, you qualify under. In accordance with Part 5.7 o f this permit, you must keep documentation with your permi t to support your determination of eligibility unde r Part 1.3.5, including the process employed and results o f the endangered species investigation.

If you are seeking renewal of coverage under the La goon General Permit (LGP), you must complete this analysis using any data collected when your site wa s fully active and discharging, even if you are now claiming that your site is not discharging. If no s uch data exist for your facility, you should utiliz e the best available information from any facility(ies) expect ed to discharge substantially similar effluents. Yo u should contact EPA if you need assistance in obtaining dat a from a facility with a substantially similar effl uent.

When evaluating the potential effects of your activ ities, you must consider effects to listed species or critical habitats within the “action area.” Action area is d efined as all areas affected directly or indirectly by the wastewater activities, and not merely the immediate area involved in these discharges and activities. This includes areas beyond the footprint of the facility that are likely to be affected by planned or unpla nned lagoon discharges, and discharge-related activities

.

Eligibility Criterion

As required by Part 1.3.5, you must meet one or mor e of the following six criteria (A-F) to be eligibl e for coverage under the permit for your wastewater disch arge and discharge-related activities:

Criterion A. No federally-listed threatened or end angered species or their designated critical habita t are

likely to occur in the “action area”.

Criterion B. Consultation between a Federal agency and the U.S. Fish and Wildlife Service (the “FWS”)

under section 7 of the ESA has been concluded. Cons ultations can be either formal or informal, and would have occurred only as a result of a separate federal action (e.g., during application for an individual wastewater discharge permit or the issuance of a wetlands dredge and fill permit).

The consultation must have addressed the effects of your facility’s wastewater discharges and related activities on federally-listed threatened o r endangered species and federally-designated critical habitat, and must have resulted in either:

i. a biological opinion finding no jeopardy to fed erally-listed species or destruction/adverse modification of federally-desig nated critical habitat; or

ii. written concurrence from the Service(s) with a finding that the facility’s wastewater discharges, and discharge-related are not likely to adversely affect federally-listed species or federally-designated critical habitat.

You must verify that the consultation remains valid , in accordance with 50 CFR § 402.15. If reinitiation of consultation is required, in order to be eligible under this Criterion you must
conclude the reinitiated consultation and the resul t must be consistent with (i) or (ii) above. IfPermit No. NDG589### Page No. 39 of 52

eligible, you must keep documentation with your per mit, including the biological opinion (or PCTS tracking number) or concurrence letter.

Criterion C. Your activities are authorized throug h the issuance of a permit under section 10 of the ESA,

and authorization addresses the effects of the wast ewater discharges related activities on federally-listed species and federally-designated c ritical habitat. You must keep documentation with your permit, including a copy of the permit from the FWS.

Criterion D. Coordination between you and the FWS under Section 7 of the ESA has been concluded. The

coordination must have addressed the effects of the facility’s wastewater discharges and related activities on federally-listed threatened or endang ered species and federally-designated critical
habitat. The result of the coordination must be a w ritten statement from the FWS concluding that your wastewater discharges and related activities a re not likely to adversely affect federallylisted threatened or endangered species and federal ly-designated critical habitat. Any conditions or prerequisites deemed necessary to achieve consis tency with the “not likely to adversely affect” determination become eligibility conditions for LGP coverage, and permit requirements
under Part 1.3.5.

Criterion E. Federally-listed threatened or endange red species or their designated critical habitat(s) are likely

to occur in or near your facility’s “action area,” and your wastewater discharges and related activities are not likely to adversely affect liste d threatened or endangered species or critical habitat. To certify your eligibility under this cri terion, you must follow the assessment procedures in this appendix. You must provide the f ollowing information with your completed
NOI form:

i. If you are an existing discharger: (1) a list of th e federally-listed threatened or endangered species or their designated critical habitat that a re likely to occur in the “action area”; (2) a list of the pollutant parameters for which you have ever exceeded an applicable effluent limitations, or for which you have ever been found to have caused or contributed to an exceedance of an applicable water quality standard or to have violated a tribal water quality requirement; and (3) your rationale supporting your determination that you meet Criterion E, including appropriate measures to be undertaken to avoid or eliminate the likelihood of
adverse effects.

ii. If you are a new discharger: (1) a list of the fede rally-listed threatened or endangered species or their designated critical habitat that a re likely to occur in the “action area”; (2) a list of the potential pollutants in your discharge; and (3) your rationale supporting your determination that you meet Criterion E, including appropriate measures to be undertaken
to avoid or eliminate the likelihood of adverse eff ects.

After evaluation of your determination, EPA may req uire additional controls that you must implement to avoid or eliminate adverse effects on listed species and critical habitat from wastewater discharges and related activities.

Criterion F. The facility’s wastewater discharges a nd related activities were already addressed in ano ther

operator’s valid certification of eligibility for y our “action area” and there is no reason to believe that federally-listed species or federally-designat ed critical habitat not considered in the prior certification may be present or located in the “act ion area”.

To certify eligibility under this criterion there m ust be no lapse of NPDES permit coverage in the other operator’s certification. By certifying e ligibility under this criterion, you agree to comply with any measures or controls upon which the other operator's certification was based. You must comply with any applicable terms, conditio ns, or other requirements imposed under the other operator’s valid certification of eligibi lity to ensure that your wastewater dischargesPermit No. NDG589### Page No. 40 of 52

and discharge-related activities are protective of listed species and/or critical habitat. If your certification is based on another operator’s certif ication under Criterion E, that certification is valid only if you have documentation showing that t he other operator had certified under Criterion E, and you provide EPA with the relevant supporting information required of existing dischargers in Criterion E (above, under subparagra ph (i)) in your NOI form. You must also keep any documentation with your permit that suppor ted the other operator’s eligibility determination, as well as any terms and conditions imposed under the eligibility requirements that applied under the prior certification.

Detailed Steps to Assist in the Determination of ES A Eligibility

You must follow the step-by-step instructions in th is worksheet in order to determine your eligibility under the
criteria described above.



### Step One: Determine if the Eligibility Requirements of Criter ion B, C, or F can be met

.

You should first determine whether you are eligible under Criterion B, C, or F because of a previously completed ESA section 7 consultation, a previously issued ESA section 10 permit, or because your activ ities were already addressed in another discharger’s cert ification of eligibility. If your facility is not l ikely to be eligible under Criterion B, C, or F, you may procee d directly to Step 2.

Criterion B Eligibility Requirements If consultation under ESA section 7 on a separate F ederal action has been concluded, you may be eligible for coverage under Criterion B. In order t o be eligible for coverage under Criterion B, you must confirm that all the following are true:



##  Consultation between a Federal agency and the FWS u nder section 7 of the ESA has been concluded. The consultation may be either formal or informal, and would have occurred only as a result of a separate federal action. Consultation must have add ressed the effects of your facility’s wastewater discharge and related activities on all federally-l isted threatened or endangered species and all federally-designated critical habitat in your actio n area. The result of this consultation must be eit her i) a biological opinion that concludes that the act ion in question is not likely to jeopardize the continued existence of listed species, nor the dest ruction or adverse modification of critical habitat ; or ii) written concurrence from the FWS with a finding that concludes your facility’s wastewater discharge and related activities are not likely to adversely affect listed species or designated criti cal
habitat.



##  The consultation remains valid, in accordance with 50 C.F.R. § 402.16; or, if reinitiation is required you have concluded the reinitiated consultation and the result of the consultation is consistent with
the statements above.

If all of the above are true, you may select Criter ion B on your NOI. If any of the above are not true , you may not select Criterion B and must proceed to Step 2.

Criterion C Eligibility Requirements If your activities have been addressed through the issuance of a permit under section 10 of the ESA, a nd this authorization addresses the effects of your fa cility’s wastewater discharges and related activiti es on all federally-listed threatened or endangered speci es and all federally-designated critical habitat, y ou may be eligible for coverage under Criterion C. In order to be eligible for coverage under Criterion C

, you must confirm that the following is true:Permit No. NDG589### Page No. 41 of 52



##  A permit has been issued under section 10 of the ES A. The permit authorization specifically addresses the effects of your facility’s wastewater discharges and related activities on all federally listed species and designated critical habitat in y our action area.

If the above is true, you may select Criterion C on your NOI. If the above is not true, you may not se lect Criterion C and must proceed to Step 2.

Criterion F Eligibility Requirements

If your facility’s wastewater discharges and relate d activities were already addressed in another oper ator’s valid certification of eligibility, you may be elig ible for coverage under Criterion F. In order to be eligible for coverage, you must confirm the following are tr ue:



##  You have confirmed that the other operator’s certif icate of eligibility accounted for your action area and that the eligibility determination was valid. 

##  There has been no lapse of NPDES permit coverage i n the other operator’s certification. 

##  Your facility will comply with all terms and condit ions imposed under the other operator’s valid certification of eligibility, and those terms and c onditions are listed in your NOI and maintained wit h your permit file.

If all of the above are true, you may select Criter ion F on your NOI. If any of the above are not true , you may not select Criterion F and must proceed to Step 2.



### Step Two: Determine if Listed Threatened or Endangered Specie s and Critical Habitat are Present
in the Action Area.

Next, you should determine whether federally-listed species are likely to occur in your action area. Y ou can do this by obtaining a list of threatened and endan gered species that are likely to occur in your gene ral area, including the appropriate receiving water for your discharges. County-specific or sometimes townshipspecific lists of federally threatened and endanger ed species are available from the local offices of FWS internet site. If there are listed species in your county or township, you must then determine, as bes t you are able, whether any of the species are likely to occu r in your action area (use the Services or Tribal H eritage Centers, as necessary). General species information can be found at

www.fws.gov/endangered

You must also check to see if critical habitat has been designated and whether such areas overlap your action area. Critical habitat should be listed on the spec ies list for your county or township available from the appropriate Service office. You can also find criti cal habitat designations at 50 C.F.R. §§ 17 and 226 and at http://ecos.fws.gov/crithab/.

Criterion A Eligibility Requirements In order to be eligible for coverage under Criterio n A, you must confirm the following are true:



##  You have confirmed there to be no listed species an d no critical habitat in your action area.

If the above is true, you may select Criterion A on your NOI.

If the above is not true, you may not select Criter ion A. If there are listed species and if you deter mine or your local FWS, or Tribal Heritage Center indicates that these species could occur in the action area, you will need to evaluate whether your action area supports habit at(s) that are suitable for listed species or the c onstituent elements of critical habitat. Your evaluation may u tilize one or more of the following approaches:Permit No. NDG589### Page No. 42 of 52

Gather information about the species and critical h abitat that are likely to occur in your action area (http://ecos.fws.gov/crithab/ or http://www.fws.gov /endangered/). Conduct a visual inspection of the a ction area to assess the potential presence of listed spe cies and their habitats. Compare the size and types of habitats available in your action area and adjacent areas wi th the size and types of habitats used by listed sp ecies and
constituent elements of critical habitat.

Reference an environmental assessment completed for the site under the National Environmental Policy A ct (NEPA). Such assessments may indicate whether liste d species and critical habitats are likely to occur in the
action area.

Proceed to Step 3.



### Step Three: Determine if your Activities Are Not Likely to Adve rsely Affect Listed Threatened or Endangered Species or Designated Critical Habitat

To receive LGP coverage, you must analyze the effec ts of your activities, which may include not only y our wastewater discharge, but also any construction, op eration, and maintenance activities related to wast ewater management. You must be able to conclude that your wastewater discharge and wastewater management related activities are not likely to adversely affe ct threatened or endangered species or designated c ritical habitat that are likely to occur in your action are a. To arrive at this conclusion, you should be able to conclude that listed species and critical habitat are not li kely to be exposed to the effects of your activitie s, or if they are exposed, they are not likely to respond to the effe cts, or if they do respond, the responses are not s ufficient to reduce an individual’s chances of surviving and rep roducing or diminish the amount or suitability of
constituent elements of critical habitat. Construct ion, operation, and maintenance of facilities relat ed to your wastewater discharge can potentially result in the following adverse effects:

• Hydrological. Wastewater discharges may adversely affect receivin g waters from pollutant parameters such as temperature, salinity or pH. The se effects will vary with the amount of wastewater discharged and the volume and condition of the rece iving water. Where a wastewater discharge constitutes a minute portion of the total volume of the receiving water, adverse hydrological effects are less likely.

• Habitat. Outdoor activities, such as storage of materials an d land disturbances associated with wastewater management-related activities, may adver sely affect listed species, their habitat, and
critical habitat.

• Toxicity. Pollutants in wastewater may have toxic effects on listed species and adversely affect critical habitat. Exceedances of effluent limitations, or tr ibal water quality requirements may be indicative o f potential adverse effects on listed species or crit ical habitat.

The scope of effects to consider will vary with eac h site. If you are having difficulty determining wh ether your facility is likely to adversely affect listed speci es or critical habitat, or one of the Services has already raised concerns to you, you must contact the appropriate o ffice of the FWS for assistance.

Criterion E Eligibility Requirements



## • If adverse effects to listed threatened or endanger ed species or their critical habitat are not likely, then you may select eligibility Criterion E on the NOI form

.

As part of certifying your compliance with Criterio n E, you must submit information to support your findings. If you are an existing discharger, you ar e required to (1) identify any pollutant parameters for which you have ever exceeded effluent limitations, or have ever been found to have caused or contributed to an exceedance of an applicable water quality standard, or violated a tribal water quali tyPermit No. NDG589### Page No. 43 of 52

requirement; (2) provide a list of the federally-li sted threatened or endangered species or their designated critical habitat that are likely to occu r in the action area; and (3) provide your rational e supporting your determination that you qualify unde r Criterion E. If you are a new discharger, you must provide the list of species or critical habita t and the technical evaluation (described in (2) an d (3) above, respectively), and you must also include a l ist of the potential pollutants in your discharge.



## • If you cannot yet conclude your wastewater discharg e is not likely to adversely affect listed species or critical habitat, or if you conclude tha t your wastewater discharge could potentially adversely affect listed species or critical habitat , you must follow Step Four

.



### Step Four: Determine if Measures Can Be Implemented to Avoid A dverse Effects or If Further Analysis Supports the Conclusion that Adverse Effec ts Are Not Likely.

If you could not make a preliminary determination i n Step 3 that adverse effects to listed species and /or critical habitat are not likely to occur, you can still rece ive coverage under Criterion E if appropriate measu res are undertaken to avoid or eliminate the likelihood of adverse effects prior to applying for LGP coverage. These measures may be relatively simple, e.g., rerouting a wastewater discharge to bypass an area where spec ies are
located.

Criterion E Eligibility Requirements



## • If you are able to install and implement appropriat e measures to avoid the likelihood of adverse effects, you may proceed to submitting your NOI for coverage under the LGP

. 

### The measures you adopt to avoid or eliminate adverse effects mus t be implemented.

As part of certifying your compliance with Criterio n E, you must submit information to support your findings. If you are an existing discharger, you ar e first required to (1) identify any pollutant parameters for which you have ever exceeded an effl uent limitations guideline, or have ever been
found to have caused or contributed to an exceedanc e of an applicable water quality standard, or violated a Tribal water quality requirement; (2) pr ovide a list of the federally-listed threatened or endangered species or their designated critical hab itat that are likely to occur in the action area; a nd (3) provide your rationale supporting your determinatio n that you qualify under Criterion E, including a description of measures you will implement to avoid or eliminate the likelihood of adverse effects. If you are a new discharger, you must provide the list of species or critical habitat and the technical evaluation (described in (2) and (3) above, respect ively), and you must also include a list of the potential pollutants in your discharge.



## • If you cannot ascertain which measures to implement to avoid the likelihood of adverse effects, you must follow Step Five.



### Step Five: Determine if the Eligibility Requirements of Criter ia D Can Be Met.

Where adverse effects are likely and you are unable to avoid or eliminate the likelihood of adverse ef fects, you must contact the FWS. However, you may still be eligible for LGP coverage if any likely adverse ef fects can be addressed through meeting Criteria D as foll ows:

You have coordinated your activities with the appro priate Service office (see Criterion D). In the absence of any other conditions set forth in Step F our, you may still be able to qualify for coverage under this LGP if you coordinate with the FWS and t he Service provides a letter or memorandum concluding that permitting your wastewater discharg es under the LGP is consistent with the “not likely to adversely affect” determination for the L GP. If you adopt measures to avoid or eliminatePermit No. NDG589### Page No. 44 of 52

adverse effects, per the Service’s requirements or recommendations, you must abide by those measures for the duration of your coverage under th e LGP.

You must comply with any terms and conditions impos ed under the eligibility requirements to ensure tha t your wastewater discharges and discharge-related activit ies are protective of listed species and/or critica l habitat. See Part 1.3.5 of the permit. If the eligibility re quirements cannot be met, and maintained, then you are not eligible for coverage under this LGP. In these inst ances, you may consider applying to EPA for an indi vidual permit.Permit No. NDG589### Page No. 45 of 52

APPENDIX C. PROCEDURES RELATING TO HISTORIC PROPER TIES

Background

Section 106 of the National Historic Preservation A ct (NHPA) requires federal agencies to take into ac count the effects of their “undertakings” on historic pro perties. “Undertaking” is defined in the NHPA regul ations as “a project, activity, or program funded in whole or in part under the direct or indirect jurisdiction of a Federal agency, including those carried out by or on behalf of a Federal agency; those carried out with Federa l financial assistance; and those requiring a Federal permit, license or approval.” 36 C.F.R. § 800.16(y ). Historic properties include prehistoric or historic district s, sites, buildings, structures, or objects that ar e included in, or are eligible for inclusion in, the National Registe r of Historic Places; the term encompasses artifact s, records, and remains related to and located within such prop erties, and also includes properties meeting the Na tional Register criteria that are of traditional religious and cultural importance to an Indian tribe. See 36 C.F.R. § 800.16(1).

EPA Region 8’s reissuance of the Lagoon General Per mit (LGP) is a federal undertaking within the meani ng of the NHPA regulations. Although individual applic ations for coverage under the general permit do not constitute separate undertakings, the screening cri teria and certifications in this Appendix provide a n appropriate site-specific means of addressing histo ric property issues in connection with EPA’s issuan ce of the permit. Applicants seeking coverage under the LGP a re thus required to make certain certifications reg arding the potential effects of their wastewater discharge and related activities on historic properties. You must meet one or more of the four criteria (A-D ), which are also required under Part 1.3.6 in the permit, to be eligible for coverage under this LGP. To help make your criterion selection, you must fo llow the historic properties screening procedures in thi s appendix, and then enter the criterion on your NO I. If you cannot meet any of the certification criteria r elating to historic properties, you must apply for an individual permit.

At various times the NHPA regulations and this perm it require communication with the Tribal Historic Preservation Officer (THPO) for the tribe on whose lands the facility is located. (“Tribal lands” is d efined for this purpose at 36 C.F.R. § 800.16(x).) If the tribe in question does not have an appointed THPO, then

these communications should be with the State Histo ric Preservation Officer (SHPO) and a representative designated by the tribe. In this Appendix, the term Historic Preservation Official (HPO) refers to whichever official(s) may be appropriate to involve under the circumstances.

Historic Properties Eligibility Criteria

Criterion A. Your wastewater discharges and relate d activities do not have the potential to have an e ffect

on historic properties, because there will be no ne w ground-disturbing activity on your site and no new discharges; or

Criterion B. Your wastewater discharges and relate d activities may have the potential to have an effe ct

on historic properties, but there are no historic p roperties within the area of potential effects (APE); or

Criterion C. Your wastewater discharges and relate d activities have the potential to have an effect o n

historic properties, and there are historic propert ies within the APE, and you have obtained and are in compliance with a written agreement with the HPO regarding measures to mitigate or prevent any adverse effects on historic properti es, and you have either (1) obtained and arePermit No. NDG589### Page No. 46 of 52

in compliance with a written agreement that outline s all such measures, or (2) been unable to reach agreement on such measures; or

Criterion D. Your wastewater discharges and relate d activities have the potential to have an effect o n

historic properties, and there are historic propert ies within the APE; you have contacted EPA and the HPO, informing them in writing that you hav e the potential to have an effect on historic properties; and EPA has provided the addit ional measures, if any, required for you to be eligible for permit coverage.

If you have been unable to reach agreement with the HPO regarding appropriate measures to mitigate or prevent adverse effects, EPA may notify you of addi tional measures you must implement in order to be eligible for coverage under this permit.

Historic Properties Screening Procedures: Initial C onsiderations

Activities with No Potential to Have an Effect on H istoric Properties
A determination that a Federal undertaking has no p otential to have an effect on historic properties f ulfills an agency’s obligations under the NHPA. The overwhelmi ng majority of sources covered under this permit wi ll be facilities seeking renewal of previous permit co verage. These existing dischargers should have alre ady addressed NHPA issues in the 2010 LGP as they were required to certify that they were either not affec ting historic properties or they obtained written agreem ent from the applicable HPO regarding ways to avoid

, minimize, or mitigate potential impacts. Both exist ing and new dischargers must follow the historic pr operty screening procedures to determine their eligibility . EPA is not aware of any impacts on historic prope rties from activities covered under the 2010 LGP, or, for that matter, any need for a written agreement. The refore, to the extent this permit authorizes renewal of pri or coverage without relevant changes in operations, with documented prior compliance with NHPA requirements, it has no potential to have an effect on historic properties.

Activities with Potential to Have an Effect on Hist oric Properties
EPA believes this permit may have some potential to have an effect on historic properties where permit tees
construct or install wastewater control measures th at involve ground disturbance of up to one acre of land to comply with this permit. (Ground disturbances of on e acre or more require coverage under a different p ermit, the Construction General Permit.) Where you have to disturb the land through the construction or insta llation of control measures, there is a possibility that hi storic properties could be impacted. Therefore, if you are establishing new or altering existing control measu res to manage your wastewater that will involve sub surface ground disturbance of up to one acre, you will need to ensure (1) that historic properties will not be impacted by your activities or (2) that you have consulted w ith the appropriate HPO regarding measures that wou ld mitigate or prevent any adverse effects on historic properties.

Examples of Control Measures That Involve Ground Di sturbance
EPA has reviewed typical control measures currently employed to determine which practices involve some level of earth disturbance. The types of control me asures that are presumptively expected to cause sub surface ground disturbance include:

• Dikes

• Berms

• Catch BasinsPermit No. NDG589### Page No. 47 of 52

• Ponds

• Ditches

• Trenches

• Culverts

• Land manipulation: contouring, sloping, and gradin g

• Channels

• Perimeter Drains

• Swales

EPA cautions dischargers that this list is non-incl usive. Other control measures that involve earth-di sturbing

activities not on this list must also be examined f or the potential to affect historic properties.

Contact information

Addresses for State Historic Preservation Officers and Tribal Historic Preservation Officers may be fo und on the Advisory Council on Historic Preservation’s web site (www.achp.gov/programs.html). In instances whe re a Tribe does not have a Tribal Historic Preservation Officer, you should contact the appropriate Tribal government office to obtain contact information for their designated representative.

Historic Properties Screening Procedures: Steps for Assessing Eligibility
You should follow the following process to assess a nd certify your compliance with historic property eligibility requirements under this permit (see Par t 1.3.6). Note that after you submit your NOI, ther e is a 30- day waiting period during which the HPO may review your NOI and may request that EPA hold up authorization based on concerns about potential adv erse impacts to historic properties. EPA will evalu ate any such request and notify you if any additional measu res to address adverse impacts to historic properti es are

necessary.

Step One: Are you an existing facility reapplying for certifi cation under the 2015 LGP?
If you are an existing facility you should have alr eady addressed NHPA issues. To gain coverage under the 2010 LGP you were required to certify that you were either not affecting historic properties or had ob tained written agreement from the relevant HPO regarding m ethods of addressing potential impacts. As long as you are not constructing or installing any new wastewat er treatment facility modifications then you have m et eligibility Criterion A.

If you are a new facility, or an existing facility without documented NHPA compliance, then proceed to Step

Two.

Step Two: Are you constructing or installing a new wastewater treatment facility that requires ground disturbance of up to one acre?
If your compliance with this permit will not involv e any ground disturbance, then you may select eligi bility Criterion A on your NOI form and you have no furthe r obligations relating to historic properties. Howe ver, if at any time during the permit term you determine that ground disturbance is needed and you initiall y chose eligibility Criterion A, then you must follow the p rocedures in Steps Three through Five to ensure tha t your eligibility for continued authorization to discharg e is maintained before any ground disturbance occur s.

If you are building or installing wastewater treatm ent facilities on your site that cause up to one ac re of ground disturbance, or if you have no documentation of NHP A compliance for your facility, then proceed to Ste p Three.Permit No. NDG589### Page No. 48 of 52

Step Three: Within your APE, determine whether (a) there is a property listed in, or eligible for listing in, the National Register of Historic Places; or (b) prior earth disturbances, surveys or other activity have revealed the existence of a historic property or provided ev idence that a historic property may exist.
Under this step your must consider the APE associat ed with your facility as described in (a) and (b) b elow. The APE includes each lagoon facility covered by th e permit and any locations that may be physically a ffected (for instance, as a result of downstream scouring) by facility discharges. See 36 C.F.R. §§ 800.4(a)(1), 800.16(d).

(a) Determine whether your APE includes any portion of a property listed in the National Register of

Historic Places. Listed properties can be identified by consulting the National Register of Historic Places website at www.nps.gov/nr/. Note that this w ebsite may not be up to date, and that the connection between your APE and a listed historic p roperty may not be obvious. For any questions regarding listings in the National Register of Hist oric Places you should contact your HPO.

If the result of your inquiry is yes then proceed t o Step Five. If no, consider part (b).

b) Determine whether any prior ground disturbance, sur vey of historic resources, or other activity has revealed the presence of historic properties or pro vided other evidence that a National Registereligible historic property may exist within your AP E. Evidence that a National Register-eligible historic property may exist includes any artifacts, records or remains that may have been found indicating the presence of a potential historic pro perty even if such evidence or property has not yet been evaluated for eligibility for listing in the N ational Register of Historic Places. Be aware that discovery of human remains may trigger separate req uirements under state law or the federal Native American Graves Protection and Repatriation Act (NA GPRA), but any such requirements are not associated with LGP permit eligibility.

If a prior ground disturbance, survey, or other act ivity has revealed the presence of historic propert ies or other evidence that a National Register-eligible historic property may exist within your APE, proceed to Ste p Five.

Alternatively, if you substitute or modify your act ivities to eliminate any ground disturbance, you ma y select eligibility Criterion A on your NOI form and you ha ve no further obligations relating to historic prop erties.

If a prior ground disturbance, survey, or other act ivity has not conclusively revealed the existence o f historic properties or other evidence that a National Regist er-eligible historic property may exist within your APE, or if there has been no prior earth disturbance, survey, or other activity with which to make this assessmen t, then proceed to Step Four.

Step Four: In coordination with your HPO, or by retaining a qu alified historical or archaeological consultant, determine whether any historic properti es identified in Step Three may be within your APE.
This step assumes that you are disturbing up to one acre of land in connection with this permit, and t hat the APE for your project does not include any site list ed in the National Register of Historic Places, and that no prior earth disturbance, survey, or other activity has revealed the presence of historic properties or other evidence that a National Register-eligible historic property may exist within your APE. In these circu mstances, you must still determine, in coordination with the relevant HPO, whether any properties eligible for l isting in the National Register of Historic Places exist with in your APE.Permit No. NDG589### Page No. 49 of 52

You may contact the appropriate HPO to request thei r help in determining the presence of historic prop erties. Alternatively, you may opt to contact a qualified h istorical or archaeological consultant without firs t contacting the HPO. If the HPO indicates to you wit hin 30 calendar days after your contact that they a re unable to assist you, then you must engage the serv ices of a qualified professional consultant. If the HPO does not respond within 30 days after your contact, you may assume there are no historic properties or Nati onal Register of Historic Places-eligible property withi n your APE, and you may certify your eligibility un der Criterion B on your NOI form, and you have no furth er obligations relating to historic properties.

The HPO and/or a qualified professional consultant can assist your analysis and determination in many ways, including examining local records to determine whet her historic artifacts have been found in nearby ar eas, conducting surveys of your APE, and performing limi ted surface and subsurface examinations. Your histo ric resource survey assistance provider and results mus t be documented and retained. If you determine ther e are no historic properties within your APE, you should inform the appropriate HPO of that finding in writi ng. If the HPO provides written concurrence or does not re spond within 30 days after your contact, you may as sume there are no historic properties or National Regist er of Historic Places-eligible property within your APE, and you may certify your eligibility under Criterion B on your NOI form, and you have no further obligatio ns relating to historic properties.

If you determine that there are or may be historic properties within your APE, continue to Step Five.

Alternatively, if you substitute or modify your act ivities to eliminate any controls involving ground disturbance, you may select eligibility Criterion A on your NOI form and you have no further obligatio ns relating to historic properties.

Step Five: Contact the EPA and appropriate historic preservati on authorities.

This step assumes that you are constructing treatme nt facilities affecting up to one acre of land to c ontrol wastewater discharges associated with this permit, and that you have determined that there are or may be historic properties within your APE. In that case, you must contact the EPA and the relevant HPO in wr iting and request to discuss mitigation or prevention of any adverse effects. The letter should state that y ou are seeking coverage under this permit, that historic p roperties may be present within the APE. It should also describe your facility, the nature and location of subsurface disturbance activities that are contempl ated, any known or suspected historic properties in the area, and any anticipated effects on such properties. Th e letter should state that if the HPO does not respond withi n 30 days of receiving your letter, you may submit your NOI without further consultation. EPA encourages ap plicants to contact the appropriate authorities as soon as possible in the event of a potential adverse effect to an historic property. Contact with all parties should be made as soon as possible, but in no event less than 30 days before you submit your NOI.

If you enter into, and comply with, a written agree ment with the HPO regarding how to address any adve rse impacts on historic properties, you have met eligib ility Criterion C. In this case, you should retain a copy of the written agreement consistent with Part 5.7 of t he LGP. As noted above, the HPO may request that E PA delay authorization based on concerns about potenti al adverse impacts to historic properties. However, EPA would generally accept any written agreement as add ressing such concerns unless new information was brought to the Agency’s attention that was not cons idered in your previous discussions with the HPO.

If you do not receive a response from your HPO with in 30 days after making contact in this step, or if you consult with the HPO regarding adverse impacts to h istoric properties and measures to mitigate them bu t an agreement cannot be reached, EPA may require you to obtain coverage under an individual permit. Alternatively, EPA may determine what additional me asures, if any, are required for you to become elig iblePermit No. NDG589### Page No. 50 of 52

for LGP coverage. After you comply with any such ad ditional measures you must document your compliance

and retain that documentation. If no additional mea sures are required for you to become eligible for p ermit coverage, retain the written statement from EPA inf orming you of this. You may then select eligibility Criterion D on your NOI form and you have no furthe r obligations regarding historic properties.Permit No. NDG589### Page No. 51 of 52

APPENDIX D. EXAMPLE LAGOON INSPECTION FORM

Note: Inspections are required weekly unless otherw ise approved by the EPA. Fill out this form comple tely. If something is not applicable, write N/A.

Facility Name NPDES Permit Number

Inspection Date Inspection Time

Inspector Name(s)

Comments/Descriptions
1. Is the lagoon discharging? Yes No

2. Has the lagoon discharged since the last inspection? Yes No

3. Is the lagoon likely to discharge before the next inspection? Yes No

Note: If a discharge has occurred or is likely to o ccur before the next inspection, perform the approp riate monitoring and reporting requirements, if not alrea dy done. DISCHARGE (DIS) – See Parts 3.2 and 5.4.1 of permit NO DISCHARGE (NODIS) – See Parts 4.2 and 5.4.2 of p ermit

4. Flow rate if discharge is occurring (note gallons per minute or gallons per day)
5. Is there any leakage through the dikes? Yes No

6. Are there any animal burrows in the
dikes? Yes No

7. Is there erosion of the dikes? Check to see if there has been any visible signs of erosion (e.g., rills, cracks or other structural indications of erosion) in the
dikes. Yes No

8. Are there any rooted plants, including weeds growing in the water? Yes No

9. Does the vegetation on the dikes need mowing (greater than 6” in length)? Yes No

10. In addition to problems identified in items 5-9 above, are there any operational and/or maintenance problems?

a. If yes, describe problems.
b. If the facility is a NO DISCHARGE facility, include problems related to any discharges. Yes No

11. List recommendations to remedy identified problems in items 5-10. If the facility is a NO DISCHARGE Yes NoPermit No. NDG589### Page No. 52 of 52

facility, include problems related to any discharges.
12. List any actions taken regarding identified problems. Yes No

13. Are operation and maintenance procedures being undertaken at the wastewater treatment facility?

List corrective actions taken  Yes No

14. Other information