DISCLAIMER

The full text of certain NPDES permits and the associated fact sheets has been made available to 

provide online access to this public information. EPA is making permits and fact sheets available 

electronically to provide convenient access for interested public parties and as a reference for 

permit writers. The ownership of these documents lies with the permitting authority, typically a 

State with an authorized NPDES program. 

While EPA makes every effort to ensure that this web site remains current and contains the final 

version of the active permit, we cannot guarantee it is so. For example, there may be some delay 

in posting modifications made after a permit is issued. Also note that not all active permits are 

currently available electronically. Only permits and fact sheets for which the full text has been 

provided to Headquarters by the permitting authority may be made available. Headquarters has 

requested the full text only for permits as they are issued or reissued, beginning November 1, 

2002. 

Please contact the appropriate permitting authority (either a State or EPA Regional office) prior to 

acting on this information to ensure you have the most up-to-date permit and/or fact sheet. EPA 

recognizes the official version of a permit or fact sheet to be the version designated as such and 

appropriately stored by the respective permitting authority. 

The documents are gathered from all permitting authorities, and all documents thus obtained are 

made available electronically, with no screening for completeness or quality. Thus, availability 

on the website does not constitute endorsement by EPA. 
PERMIT NO. MI0001368 

MICHIGAN DEPARTMENT OF ENVIRONMENTAL QUALITY 

AUTHORIZATION TO DISCHARGE UNDER THE 

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM 

In compliance with the provisions of the Federal Water Pollution Control Act, as amended, (33 U.S.C. 1251 et seq; the 

"Federal Act"), Michigan Act 451, Public Acts of 1994, as amended (the "Michigan Act"), Parts 31 and 41, and Michigan 

Executive Orders 1991-31, 1995-4 and 1995-18, 

U.S. Silica Company 

20837 North Huron River Drive 

Rockwood, Michigan 48173 

is authorized to discharge from the facility located at 

20837 North Huron River Drive 

Rockwood, Michigan 48173 

designated as US Silica Co 

to the receiving water named the Huron River for Outfall 001 and Silver Creek for Outfalls 002 and 003 in accordance with 

effluent limitations, monitoring requirements and other conditions set forth in this permit. 

Unless specified otherwise, all contact with the Michigan Department of Environmental Quality (the "Department") 

required by this permit shall be made to the Southeast Michigan District Supervisor of the Water Bureau. The Southeast 

Michigan District Office is located at 27700 Donald Court, Warren, Michigan 48092-2793, telephone: 586-753-3700, 

fax: 586-751-4690. 

In accordance with Section 324.3120 of the Michigan Act, the permittee shall make payment of an annual permit fee to the 

Department for each October 1 the permit is in effect regardless of occurrence of discharge. The permittee shall submit the 

fee in response to the Department's annual notice. The fee shall be postmarked by January 15 for notices mailed by 

December 1. The fee is due no later than 45 days after receiving the notice for notices mailed after December 1. 

This permit takes effect on October 1, 2005. Any person who is aggrieved by this permit may file a sworn petition with the 

Office of Administrative Hearings of the Michigan Department of Environmental Quality, setting forth the conditions of the 

permit which are being challenged and specifying the grounds for the challenge. The Department may reject any petition 

filed more than 60 days after issuance as being untimely. 

This permit is based on a complete application submitted on August 13, 1999 and amended through September 13, 2000. 

This permit contains language, conditions and requirements resultant from negotiations regarding NPDES Permit 

No. MI0001368 issued September 27, 2000 which has been withdrawn. The provisions of this permit are severable. After 

notice and opportunity for a hearing, this permit may be modified, suspended, or revoked in whole or in part during its term 

in accordance with applicable laws and rules. On its effective date this permit shall supersede NPDES Permit 

No. MI0001368, expiring October 1, 1997. 

This permit and the authorization to discharge shall expire at midnight, October 1, 2008. In order to receive authorization to 

discharge beyond the date of expiration, the permittee shall submit an application which contains such information, forms, 

and fees as are required by the Department by April 4, 2008. 

Issued September 22, 2005. 

Original Permit Signed by William Creal 

William Creal, Chief 

Permits Section

 Water Bureau 
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PERMIT NO. MI0001368 Page 2 of 21 

PART I 

Section A. Effluent Limitations And Monitoring Requirements 

1. Final Effluent Limitations, Monitoring Point 001A 

During the period beginning on the effective date of this permit and lasting until the expiration date of this permit, the 

permittee is authorized to discharge a maximum of 1 MGD of process wastewater and noncontact cooling water from 

Monitoring Point 001A through Outfall 001 to the Huron River. Such discharge shall be limited and monitored by the 

permittee as specified below. 

Maximum Limits for Maximum Limits for 

 Quantity or Loading Quality or Concentration Frequency Sample 

Parameter Monthly Daily Units Monthly Daily Units of Analysis Type 

Flow (report) (report) MGD Weekly Report Total 

 Daily Flow 

Total Suspended Solids 210 330 lbs/day 25 40 mg/l Monthly Grab 

Hydrogen Sulfide 

 Through September 30, 2008 (report) (report) μg/l Monthly Calculation 

 October 1, 2008 through September 30, 2010 (report) 100 μg/l Monthly Calculation 

 Beginning October 1, 2010 1.3 1.6 μg/l Monthly Calculation 

Total Dissolved Solids (report) mg/l Monthly Grab 

Dissolved Sulfides (report) μg/l Monthly Grab 

Temperature (report) o

F Monthly Reading 

Conductivity (report) μmho/cm Monthly Grab 

Total Lithium (report) μg/l Quarterly Grab 

Total Strontium (report) μg/l Quarterly Grab 

Sulfate (report) mg/l Quarterly Grab 

Chlorides (report) mg/l Quarterly Grab 

Outfall Observation (report) Weekly Visual 

Minimum Maximum 

Daily Daily 

pH --- 6.5 9.0 S.U. Monthly Grab 

Dissolved Oxygen 3.0 mg/l Monthly Grab 

a. Narrative Standard 

The receiving water shall contain no unnatural turbidity, color, oil films, floating solids, foams, settleable solids, or 

deposits as a result of this discharge in quantities which are or may become injurious to any designated use. 

b. Monitoring Location 

Samples, measurements, and observations taken in compliance with the monitoring requirements above shall be 

taken prior to discharge to the Huron River. 
PERMIT NO. MI0001368 Page 3 of 21 

PART I 

Section A. Effluent Limitations And Monitoring Requirements 

c. Outfall Observation 

Any unusual characteristics of the discharge (i.e., unnatural turbidity, color, oil film, floating solids, foams, 

settleable solids, suspended solids, or deposits) shall be reported within 24 hours to the Department followed with 

a written report within five (5) days detailing the findings of the investigation and the steps taken to correct the 

condition. 

d. Water Treatment Additives 

This permit does not authorize the discharge of water additives without approval from the Department. Water 

additives include any material that is added to water used at the facility or to a wastewater generated by the facility 

to condition or treat the water. In the event a permittee proposes to discharge water additives, the permittee shall 

submit a request to the Department for approval. See Part I.A.3. for information on requesting water treatment 

additive use. 

e. Analytical Methods and Limits below the Quantification Level for Dissolved Sulfides and Hydrogen Sulfide 

The sampling procedures, preservation and handling, and analytical protocol for monitoring for dissolved sulfides 

shall be either the Methylene Blue or Iodometric method referenced in Standard Methods for the Examination of 

Water and Wastewater, 18th Edition. The quantification levels for dissolved sulfides and hydrogen sulfide shall be 

50 μg/l and 20 μg/l, respectively, unless higher levels are appropriate because of sample matrix interference. 

Justification for higher quantification levels shall be submitted to the Department within 30 days of such 

determination. Hydrogen sulfide shall be calculated using Standard Method 4500-S2- H. Calculation of Un-ionized 

Hydrogen Sulfide referenced in Standard Methods for the Examination of Water and Wastewater, 18th Edition. In 

order to calculate hydrogen sulfide, the permittee must measure temperature, conductivity, and pH with each 

sample taken for dissolved sulfides. 

Beginning October 1, 2010: The water quality-based effluent limitations for hydrogen sulfide are less than the 

quantification level; therefore, control requirements are established consistent with R 323.1213. Any discharge of 

hydrogen sulfide at or above the quantification level specified in this permit is a specific violation of this permit. If 

an effluent sample is less than the quantification level, the permittee will be considered to be in compliance with 

the hydrogen sulfide final effluent limitations set forth in Part I.A.1. for the period that the sample represents, 

provided that the permittee is also in full compliance with, as set forth in Part I.A.5., either the approved alternate 

technique to assess compliance with the hydrogen sulfide final effluent limitations or the approved Pollutant 

Minimization Program for hydrogen sulfide. This paragraph does not authorize the discharge of hydrogen sulfide 

at levels which are injurious to the designated uses of the waters of the state or which constitute a threat to the 

public health or welfare. 

f. Monitoring Frequency Reduction for Hydrogen Sulfide, Dissolved Sulfides, Temperature, Conductivity, and pH 

After the submittal of 12 months of data, the permittee may request, in writing, Department approval of a reduction 

in monitoring frequency for hydrogen sulfide, dissolved sulfides, temperature, conductivity, and pH. Such a 

request must show that dissolved sulfides and hydrogen sulfide values are below the quantification levels required 

in this permit. The request shall contain an explanation as to why the reduced monitoring is appropriate. Upon 

receipt of written approval and consistent with such approval, the permittee may reduce the monitoring frequency 

indicated in Part I.A.1. of this permit. The monitoring frequency for hydrogen sulfide, dissolved sulfides, 

temperature, conductivity and, pH shall not be reduced to less than quarterly. The Department may revoke the 

approval for reduced monitoring at any time upon notification to the permittee. 

g. Analytical Methods and Quantification Levels for Total Lithium, Total Strontium, Sulfate and Chlorides 

The sampling procedures, preservation and handling, and analytical protocol for compliance monitoring shall be in 

accordance with EPA approved methods. The quantification levels shall be as follows unless higher levels are 

appropriate because of sample matrix interference: total lithium – 10 μg/l, total strontium – 8 μg/l, sulfate – 2 mg/l and 

chlorides – 1 mg/l. Justification for higher quantification levels shall be submitted to the Department within 30 days 

of such determination. Upon approval of the Department, the permittee may use alternate analytical methods (for 

parameters with methods specified in 40 CFR 136, the alternate methods are restricted to those listed in 40 CFR 136). 

h. Quarterly and Annual Samples 

Quarterly samples shall be collected in January, April, July and October of each year. Annual samples shall be 

collected in July of each year. *E shall be entered on the Discharge Monitoring Report (DMR) for each month that 

sampling did not occur. 
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PERMIT NO. MI0001368 Page 4 of 21 

PART I 

Section A. Effluent Limitations And Monitoring Requirements 

2. Final Effluent Limitations, Monitoring Points 002A and 003A 

During the period beginning on the effective date of this permit and lasting until the expiration date of this permit, the 

permittee is authorized to discharge a combined maximum of 14.52 MGD of sand mine dewatering water, limestone mine 

dewatering water and process wastewater from Monitoring Point 002A and Monitoring Point 003A. Monitoring Point 

002A discharges through Outfall 002 to Silver Creek. Monitoring Point 003A discharges through Outfall 003 to Silver 

Creek. Such discharges shall be limited and monitored by the permittee as specified below. The Total Suspended Solids 

loading limitations are for Monitoring Points 002A and 003A combined. 

Maximum Limits for Maximum Limits for 

 Quantity or Loading Quality or Concentration Frequency Sample 

Parameter Monthly Daily Units Monthly Daily Units of Analysis Type 

Flow (report) (report) MGD Daily Report Total 

 Daily Flow 

Total Suspended Solids 2300 3600 lbs/day 20 30 mg/l Monthly Grab 

Hydrogen Sulfide 

 Through September 30, 2008 (report) (report) μg/l Monthly Calculation 

 October 1, 2008 through September 30, 2010 (report) 100 μg/l Monthly Calculation 

 Beginning October 1, 2010 0.09 1.6 μg/l Monthly Calculation 

Total Dissolved Solids (report) mg/l Monthly Grab 

Whole Effluent Toxicity

 Chronic Toxicity (report) TUC see Part I.A.2.i. 24-Hr Composite 

 Acute Toxicity (report) TUA see Part I.A.2.i. 24-Hr Composite 

Dissolved Sulfides (report) μg/l Monthly Grab 

Temperature (report) o

F Monthly Reading 

Conductivity (report) μmho/cm Monthly Grab 

Total Lithium (report) μg/l Quarterly Grab 

Total Strontium (report) μg/l Quarterly Grab 

Sulfate (report) mg/l Quarterly Grab 

Chlorides (report) mg/l Quarterly Grab 

Outfall Observation (report) Weekly Visual 

Minimum Maximum 

Daily Daily 

pH --- 6.5 9.0 S.U. Monthly Grab 

Dissolved Oxygen 3.0 mg/l Monthly Grab 

a. Narrative Standard 

The receiving water shall contain no unnatural turbidity, color, oil films, floating solids, foams, settleable solids, or 

deposits as a result of this discharge in quantities which are or may become injurious to any designated use. 
PERMIT NO. MI0001368 Page 5 of 21 

PART I 

Section A. Effluent Limitations And Monitoring Requirements 

b. Monitoring Location 

Samples, measurements, and observations taken in compliance with the monitoring requirements above shall be 

taken at Monitoring Point 002A and Monitoring Point 003A prior to discharge to Silver Creek. 

c. Outfall Observation 

Any unusual characteristics of the discharge (i.e., unnatural turbidity, color, oil film, floating solids, foams, 

settleable solids, suspended solids, or deposits) shall be reported within 24 hours to the Department followed with 

a written report within five (5) days detailing the findings of the investigation and the steps taken to correct the 

condition. 

d. Water Treatment Additives 

This permit does not authorize the discharge of water additives without approval from the Department. Water 

additives include any material that is added to water used at the facility or to a wastewater generated by the facility 

to condition or treat the water. In the event a permittee proposes to discharge water additives, the permittee shall 

submit a request to the Department for approval. See Part I.A.3. for information on requesting water treatment 

additive use. 

e. Analytical Methods and Limits below the Quantification Level for Dissolved Sulfides and Hydrogen Sulfide 

The sampling procedures, preservation and handling, and analytical protocol for monitoring for dissolved sulfides 

shall be either the Methylene Blue or Iodometric method referenced in Standard Methods for the Examination of 

Water and Wastewater, 18th Edition. The quantification levels for dissolved sulfides and hydrogen sulfide shall be 

50 μg/l and 20 μg/l, respectively, unless higher levels are appropriate because of sample matrix interference. 

Justification for higher quantification levels shall be submitted to the Department within 30 days of such 

determination. Hydrogen sulfide shall be calculated using Standard Method 4500-S2- H. Calculation of Un-ionized 

Hydrogen Sulfide referenced in Standard Methods for the Examination of Water and Wastewater, 18th Edition. In 

order to calculate hydrogen sulfide, the permittee must measure temperature, conductivity, and pH with each 

sample taken for dissolved sulfides. 

Beginning October 1, 2010: The water quality-based effluent limitations for hydrogen sulfide are less than the 

quantification level; therefore, control requirements are established consistent with R 323.1213. Any discharge of 

hydrogen sulfide at or above the quantification level specified in this permit is a specific violation of this permit. If 

an effluent sample is less than the quantification level, the permittee will be considered to be in compliance with 

the hydrogen sulfide final effluent limitations set forth in Part I.A.2. for the period that the sample represents, 

provided that the permittee is also in full compliance with, as set forth in Part I.A.5., either the approved alternate 

technique to assess compliance with the hydrogen sulfide final effluent limitations or the approved Pollutant 

Minimization Program for hydrogen sulfide. This paragraph does not authorize the discharge of hydrogen sulfide 

at levels which are injurious to the designated uses of the waters of the state or which constitute a threat to the 

public health or welfare. 

f. Monitoring Frequency Reduction for Hydrogen Sulfide, Dissolved Sulfides, Temperature, Conductivity, and pH 

After the submittal of 12 months of data, the permittee may request, in writing, Department approval of a reduction 

in monitoring frequency for hydrogen sulfide, dissolved sulfides, temperature, conductivity, and pH. Such a 

request must show that dissolved sulfides less than the required quantification level and, therefore; hydrogen 

sulfide is less than its quantification level. The request shall contain an explanation as to why the reduced 

monitoring is appropriate. Upon receipt of written approval and consistent with such approval, the permittee may 

reduce the monitoring frequency indicated in Part I.A.2. of this permit. The monitoring frequency for hydrogen 

sulfide, dissolved sulfides, temperature, conductivity and, pH shall not be reduced to less than quarterly. The 

Department may revoke the approval for reduced monitoring at any time upon notification to the permittee. 

g. Analytical Methods and Quantification Levels for Total Lithium, Total Strontium. Sulfate and Chlorides 

The sampling procedures, preservation and handling, and analytical protocol for compliance monitoring shall be in 

accordance with EPA approved methods. The quantification levels shall be as follows unless higher levels are 

appropriate because of sample matrix interference: total lithium – 10 μg/l, total strontium – 8 μg/l, sulfate – 2 mg/l and 

chlorides – 1 mg/l. Justification for higher quantification levels shall be submitted to the Department within 30 days 

of such determination. Upon approval of the Department, the permittee may use alternate analytical methods (for 

parameters with methods specified in 40 CFR 136, the alternate methods are restricted to those listed in 40 CFR 136). 
PERMIT NO. MI0001368 Page 6 of 21 

PART I 

Section A. Effluent Limitations And Monitoring Requirements 

h. Quarterly and Annual Samples 

Quarterly samples shall be collected in January, April, July and October of each year. Annual samples shall be 

collected in July of each year. *E shall be entered on the DMR for each month that sampling did not occur. 

i. Whole Effluent Toxicity Final Requirements 

The measurement frequency for whole effluent toxicity testing shall be annually until the monthly average total 

dissolved solids (TDS) concentration in the final effluent exceeds 2,000 mg/l, at which time the measurement 

frequency shall become quarterly. If four consecutive quarterly toxicity tests do not yield a toxic result (E.G. ≥1.0 

chronic toxic units (TUC)), the permittee may reduce the toxicity testing frequency to annually following written 

notification and justification to the Department. However, the Department shall have the opportunity to review the 

submittal and may notify the permittee that reducing the testing frequency is unacceptable if the toxicity tests did 

not meet all test acceptability criteria in the United States Environmental Protection Agency (EPA) method 

specified below. If in the annual toxicity testing mode, the permittee shall return to quarterly toxicity testing when, 

for three consecutive months, the monthly average TDS level in the final effluent exhibits an incremental increase 

of 200 mg/l or more above the highest nontoxic TDS level in the final effluent during toxicity tests conducted in 

the last 18 months. In addition, if any annual toxicity test yields a toxic result, the Department may require the 

permittee to increase the toxicity testing frequency to quarterly. 

Test species shall be fathead minnow only. Testing and reporting procedures shall be in accordance with EPA 

Method 1000.0. Acute and chronic toxicity data shall be included in the reporting for the toxicity test results. If 

multiple toxicity tests are performed during a month, the maximum value for the acute results and the average 

value for the chronic results shall be determined and reported. Report acute toxicity in the “MAXIMUM” column 

under “QUALITY OR CONCENTRATION” on the DMR. Report chronic toxicity in the “AVERAGE” column 

under “QUALITY OR CONCENTRATION” on the DMR. Toxicity test data acceptability is contingent upon 

validation of the test method by the testing laboratory. Such validation shall be submitted to the Department upon 

request. 

The Department will review the toxicity data submitted by the permittee to determine if the chronic toxicity 

requirements of Rule 323.1219 of the Michigan Administrative Code are being satisfied. 

1) If the data indicate persistent exceedance of the chronic toxicity requirements of Rule 323.1219, upon 

written notification by the Department, the following conditions apply: Within 90 days after the notification, the 

permittee shall implement a Toxicity Reduction Evaluation (TRE). The objective of the TRE shall be to reduce the 

toxicity of the final effluent from monitoring point 002A and/or 003A to < 1.0 TUC. The following documents are 

available as guidance to reduce toxicity to acceptable levels: Phase I, EPA/600/6-91/005F (chronic); Phase II, 

EPA/600/R-92/080; and Phase III, EPA/600/R-92/081. Annual TRE progress reports shall be submitted to the 

Department within 30 days after the completion of the last test of each annual cycle. 

2) This permit may be modified in accordance with applicable laws and rules to include additional whole 

effluent toxicity control requirements as necessary. 
PERMIT NO. MI0001368 Page 7 of 21 

PART I 

Section A. Effluent Limitations And Monitoring Requirements 

3. Request for Discharge of Water Treatment Additives 

In the event a permittee proposes to discharge water additives, the permittee shall submit a request to discharge water 

additives to the Department for approval. Such requests shall be sent to the Surface Water Assessment Section, Water 

Bureau, Department of Environmental Quality, P.O. Box 30273, Lansing, Michigan 48909, with a copy to the Department 

contact listed on the cover page of this permit. Instructions to submit a request electronically may be obtained via the 

Internet (http://www.michigan.gov/deq and on the left side of the screen click on Water, Water Quality Monitoring, and 

Assessment of Michigan Waters; then click on the Water Treatment Additive List which is under the Information banner). 

Written approval from the Department to discharge such additives at specified levels shall be obtained prior to discharge by 

the permittee. Additional monitoring and reporting may be required as a condition for the approval to discharge the 

additive. 

A request to discharge water additives shall include all of the following water additive usage and discharge information: 

a. Material Safety Data Sheet; 

b. the proposed water additive discharge concentration; 

c. the discharge frequency (i.e., number of hours per day and number of days per year); 

d. the monitoring point from which the product is to be discharged; 

e. the type of removal treatment, if any, that the water additive receives prior to discharge; 

f. product function (i.e. microbiocide, flocculant, etc.); 

g. a 48-hour LC50 or EC50 for a North American freshwater planktonic crustacean (either Ceriodaphnia sp., Daphnia 

sp., or Simocephalus sp.); and 

h. the results of a toxicity test for one other North American freshwater aquatic species (other than a planktonic 

crustacean) that meets a minimum requirement of Rule 323.1057(2) of the Water Quality Standards. 

Prior to submitting the request, the permittee may contact the Surface Water Assessment Section by telephone at 

517-335-1180 or via the Internet at the address given above to determine if the Department has the product toxicity data 

required by items g and h above. If the Department has the data, the permittee will not need to submit product toxicity data. 

4. Option to Provide Additional Toxicity Data 

The effluent limits for hydrogen sulfide are based upon Tier II water quality values. On or before October 1, 2007, the 

permittee may submit additional mammalian or aquatic toxicity data to reduce the uncertainty factor used in the 

development of Tier II values or to allow for calculation of Tier I values. Prior to conducting any additional toxicity testing, 

the permittee should contact the Department to determine the appropriate testing. Following submittal and review of this 

data, this permit may be modified in accordance with applicable laws and rules. 
PERMIT NO. MI0001368 Page 8 of 21 

PART I 

Section A. Effluent Limitations And Monitoring Requirements 

5. Pollutant Minimization Program for Hydrogen Sulfide or Alternate Technique 

to Assess Compliance with Hydrogen Sulfide Limits below the Quantification Level 

In accordance with R323.1213 of the Michigan Administrative Code, the permittee shall either conduct a pollutant 

minimization program for hydrogen sulfide or demonstrate to the Department that an alternate technique is available to assess 

compliance with the water quality-based effluent limitations (WQBELs) for hydrogen sulfide for Monitoring Points 001A, 

002A and 003A (effective October 1, 2010) because the WQBELs for hydrogen sulfide are less than the quantification level. 

On or before April 1, 2010, the permittee shall submit for approval either a Pollutant Minimization Program for hydrogen 

sulfide for monitoring points 001A, 002A and 003A or an alternate technique to determine compliance with the final 

effluent limitations for hydrogen sulfide at Monitoring Points 001A, 002A and 003A. 

If the permittee elects to conduct the Pollutant Minimization Program, the goal of the Pollutant Minimization Program is to 

maintain the effluent concentration of hydrogen sulfide at or below the WQBELs set forth in Parts I.A.1 and I.A.2. The 

permittee shall submit to the Department a Pollutant Minimization Program for hydrogen sulfide designed to proceed 

toward the goal. The Pollutant Minimization Program shall include the following: an annual review and semi-annual 

monitoring of potential sources of hydrogen sulfide entering the wastewater collection system; a program for quarterly 

monitoring of influent for hydrogen sulfide; and implementation of reasonable cost-effective control measures when sources 

of hydrogen sulfide are discovered. Factors to be considered include significance of sources, economic considerations, and 

technical and treatability considerations. The Pollutant Minimization Program shall be implemented upon approval by the 

Department. 

On or before March 1 of each year following approval of the Pollutant Minimization Program, the permittee shall submit a 

status report to the Department that includes 1) the monitoring results for the previous year, and 2) a summary of all actions 

taken to reduce or eliminate the identified sources of hydrogen sulfide. 

Any information generated as a result of the Pollutant Minimization Program set forth in this permit may be used to support 

a request to modify the approved program or may demonstrate that the Pollutant Minimization Program requirement has 

been completed satisfactorily. A request for modification of the approved program and supporting documentation shall be 

submitted in writing to the Department for review and approval. The Department may approve modifications to the 

approved program (approval of a program modification does not require a permit modification). 

The permittee may choose to demonstrate that the program is complete and request removal of the program from the permit. 

Such request and supporting documentation demonstrating that the water quality-based effluent limits are being achieved 

shall be submitted in writing to the Department. If the Department determines that the request is approvable, this permit 

may be modified in accordance with applicable laws and rules to remove this requirement. 

This permit may be modified in accordance with applicable laws and rules to include additional conditions and/or 

limitations as necessary. 

6. Mixing Zone Study 

The permittee may submit to the Department a physical mixing zone demonstration and request modification of this permit. 

The purpose of the demonstration would be to demonstrate a mixing zone, in accordance with R323.1082 of the Water 

Quality Standards, to allow an increase in, or removal of, any of the limitations in Parts I.A.1. and/or I.A.2.of this permit. If 

the mixing zone demonstration is successful, the permit may be modified in accordance with applicable laws and rules. 
PERMIT NO. MI0001368 Page 9 of 21 

PART I 

Section A. Effluent Limitations And Monitoring Requirements 

7. Facility Contact 

The “Facility Contact” was specified in the application. The permittee may replace the facility contact at any time, and 

shall notify the Department in writing within 10 days after replacement (including the name, address and telephone number 

of the new facility contact). 

a. The facility contact shall be (or a duly authorized representative of this person): 

• for a corporation, a principal executive officer of at least the level of vice president, or a designated 

representative, if the representative is responsible for the overall operation of the facility from which the 

discharge described in the permit application or other NPDES form originates, 

• for a partnership, a general partner, 

• for a sole proprietorship, the proprietor, or 

• for a municipal, state, or other public facility, either a principal executive officer, the mayor, village president, 

city or village manager or other duly authorized employee. 

b. A person is a duly authorized representative only if: 

• the authorization is made in writing to the Department by a person described in paragraph a. of this section; 

and 

• the authorization specifies either an individual or a position having responsibility for the overall operation of 

the regulated facility or activity such as the position of plant manager, operator of a well or a well field, 

superintendent, position of equivalent responsibility, or an individual or position having overall responsibility 

for environmental matters for the facility (a duly authorized representative may thus be either a named 

individual or any individual occupying a named position). 

Nothing in this section obviates the permittee from properly submitting reports and forms as required by law. 
PERMIT NO. MI0001368 Page 10 of 21 

PART II 

Section A. Definitions 

This list of definitions may include terms not applicable to this permit. 

Acute toxic unit (TUa) means 100/LC50 where the LC50 is determined from a whole effluent toxicity (WET) test which 

produces a result that is statistically or graphically estimated to be lethal to 50% of the test organisms. 

Bioaccumulative chemical of concern (BCC) means a chemical which, upon entering the surface waters, by itself or as its 

toxic transformation product, accumulates in aquatic organisms by a human health bioaccumulation factor of more than 

1000 after considering metabolism and other physiochemical properties that might enhance or inhibit bioaccumulation. The 

human health bioaccumulation factor shall be derived according to R 323.1057(5). Chemicals with half-lives of less than 8 

weeks in the water column, sediment, and biota are not BCCs. The minimum bioaccumulation concentration factor (BAF) 

information needed to define an organic chemical as a BCC is either a field-measured BAF or a BAF derived using the 

biota-sediment accumulation factor (BSAF) methodology. The minimum BAF information needed to define an inorganic 

chemical as a BCC, including an organometal, is either a field-measured BAF or a laboratory-measured bioconcentration 

factor (BCF). The BCCs to which these rules apply are identified in Table 5 of R 323.1057 of the Water Quality Standards. 

Biosolids are the solid, semisolid, or liquid residues generated during the treatment of sanitary sewage or domestic sewage 

in a treatment works. This includes, but is not limited to, scum or solids removed in primary, secondary, or advanced 

wastewater treatment processes and a derivative of the removed scum or solids. 

Bulk biosolids means biosolids that are not sold or given away in a bag or other container for application to a lawn or home 

garden. 

Chronic toxic unit (TUc ) means 100/MATC or 100/IC25, where the maximum acceptable toxicant concentration (MATC) 

and IC25 are expressed as a percent effluent in the test medium. 

Class B Biosolids refers to material that has met the Class B pathogen reduction requirements or equivalent treatment by a 

Process to Significantly Reduce Pathogens (PSRP) in accordance with the Part 24 Rules. Processes include aerobic 

digestion, composting, anaerobic digestion, lime stabilization and air drying. 

Daily concentration is the sum of the concentrations of the individual samples of a parameter divided by the number of 

samples taken during any calendar day. If the parameter concentration in any sample is less than the quantification limit, 

regard that value as zero when calculating the daily concentration. The daily concentration will be used to determine 

compliance with any maximum and minimum daily concentration limitations (except for pH and dissolved oxygen). When 

required by the permit, report the maximum calculated daily concentration for the month in the “MAXIMUM” column 

under “QUALITY OR CONCENTRATION” on the Discharge Monitoring Reports (DMRs). 

For pH, report the maximum value of any individual sample taken during the month in the “MAXIMUM” column under 

“QUALITY OR CONCENTRATION” on the DMRs and the minimum value of any individual sample taken during the 

month in the “MINIMUM” column under “QUALITY OR CONCENTRATION” on the DMRs. For dissolved oxygen, 

report the minimum concentration of any individual sample in the “MINIMUM” column under “QUALITY OR 

CONCENTRATION” on the DMRs. 

Daily loading is the total discharge by weight of a parameter discharged during any calendar day. This value is calculated 

by multiplying the daily concentration by the total daily flow and by the appropriate conversion factor. The daily loading 

will be used to determine compliance with any maximum daily loading limitations. When required by the permit, report the 

maximum calculated daily loading for the month in the “MAXIMUM” column under “QUANTITY OR LOADING” on the 

DMRs. 

Department means the Michigan Department of Environmental Quality. 

Detection Level means the lowest concentration or amount of the target analyte that can be determined to be different from 

zero by a single measurement at a stated level of probability. 

EC50 means a statistically or graphically estimated concentration that is expected to cause 1 or more specified effects in 

50% of a group of organisms under specified conditions. 
PERMIT NO. MI0001368 Page 11 of 21 

PART II 

Section A. Definitions 

Fecal coliform bacteria monthly is the geometric mean of the samples collected in a calendar month (or 30 consecutive 

days). The calculated monthly value will be used to determine compliance with the maximum monthly fecal coliform 

bacteria limitations. When required by the permit, report the calculated monthly value in the “AVERAGE” column under 

“QUALITY OR CONCENTRATION” on the DMRs. 

Fecal coliform bacteria 7-day is the geometric mean of the samples collected in any 7-day period. The calculated 7-day 

value will be used to determine compliance with the maximum 7-day fecal coliform bacteria limitations. When required by 

the permit, report the maximum calculated 7-day concentration for the month in the “MAXIMUM” column under 

“QUALITY OR CONCENTRATION” on the DMRs. 

Flow Proportioned sample is a composite sample with the sample volume proportional to the effluent flow. 

Grab sample is a single sample taken at neither a set time nor flow. 

IC25 means the toxicant concentration that would cause a 25% reduction in a nonquantal biological measurement for the test 

population. 

Interference is a discharge which, alone or in conjunction with a discharge or discharges from other sources, both: 

1) inhibits or disrupts the POTW, its treatment processes or operations, or its sludge processes, use or disposal; and 

2) therefore, is a cause of a violation of any requirement of the POTW's NPDES permit (including an increase in the 

magnitude or duration of a violation) or, of the prevention of sewage sludge use or disposal in compliance with the 

following statutory provisions and regulations or permits issued thereunder (or more stringent state or local regulations): 

Section 405 of the Clean Water Act, the Solid Waste Disposal Act (SWDA) (including Title II, more commonly referred to 

as the Resource Conservation and Recovery Act (RCRA), and including state regulations contained in any state sludge 

management plan prepared pursuant to Subtitle D of the SWDA), the Clean Air Act, the Toxic Substances Control Act, and 

the Marine Protection, Research and Sanctuaries Act. [This definition does not apply to sample matrix interference.] 

Land Application means spraying or spreading biosolids or a biosolids derivative onto the land surface, injecting below the 

land surface, or incorporating into the soil so that the biosolids or biosolids derivative can either condition the soil or 

fertilize crops or vegetation grown in the soil. 

LC50 means a statistically or graphically estimated concentration that is expected to be lethal to 50% of a group of 

organisms under specified conditions. 

Maximum acceptable toxicant concentration (MATC) means the concentration obtained by calculating the geometric 

mean of the lower and upper chronic limits from a chronic test. A lower chronic limit is the highest tested concentration 

that did not cause the occurrence of a specific adverse effect. An upper chronic limit is the lowest tested concentration 

which did cause the occurrence of a specific adverse effect and above which all tested concentrations caused such an 

occurrence. 

MGD is million gallons per day. 

Monthly Frequency of Analysis refers to the calendar month. When required by this permit, an analytical result, reading, 

value or observation must be reported for that period if a discharge occurs during that period. 

Monthly concentration is the sum of the daily concentrations determined during a reporting month (or 30 consecutive 

days) divided by the number of daily concentrations determined. The calculated monthly concentration will be used to 

determine compliance with any maximum monthly concentration limitations. When required by the permit, report the 

calculated monthly concentration in the “AVERAGE” column under “QUALITY OR CONCENTRATION” on the DMRs. 

For minimum percent removal requirements, the monthly influent concentration and the monthly effluent concentration 

shall be determined. The calculated monthly percent removal, which is equal to 100 times the quantity [1 minus the 

quantity (monthly effluent concentration divided by the monthly influent concentration)], shall be reported in the 

"MINIMUM" column under "QUALITY OR CONCENTRATION" on the DMRs. 
PERMIT NO. MI0001368 Page 12 of 21 

PART II 

Section A. Definitions 

Monthly loading is the sum of the daily loadings of a parameter divided by the number of daily loadings determined in the 

reporting month (or 30 consecutive days). The calculated monthly loading will be used to determine compliance with any 

maximum monthly loading limitations. When required by the permit, report the calculated monthly loading in the 

“AVERAGE” column under “QUANTITY OR LOADING” on the DMRs. 

National Pretreatment Standards are the regulations promulgated by or to be promulgated by the Federal Environmental 

Protection Agency pursuant to Section 307(b) and (c) of the Federal Act. The standards establish nationwide limits for 

specific industrial categories for discharge to a POTW. 

NOAEL means the highest tested dose or concentration of a substance that results in no observed adverse effect in exposed 

test organisms where higher doses or concentrations result in an adverse effect. 

Noncontact Cooling Water is water used for cooling which does not come into direct contact with any raw material, 

intermediate product, by-product, waste product or finished product. 

Nondomestic user is any discharger to a POTW that discharges wastes other than or in addition to water-carried wastes 

from toilet, kitchen, laundry, bathing or other facilities used for household purposes. 

Pretreatment is reducing the amount of pollutants, eliminating pollutants, or altering the nature of pollutant properties to a 

less harmful state prior to discharge into a public sewer. The reduction or alteration can be by physical, chemical, or 

biological processes, process changes, or by other means. Dilution is not considered pretreatment unless expressly 

authorized by an applicable National Pretreatment Standard for a particular industrial category. 

POTW is a publicly owned treatment works. 

Quantification level means the measurement of the concentration of a contaminant obtained by using a specified laboratory 

procedure calculated at a specified concentration above the detection level. It is considered the lowest concentration at 

which a particular contaminant can be quantitatively measured using a specified laboratory procedure for monitoring of the 

contaminant. 

Quarterly frequency of analysis refers to a three month period, defined as January through March, April through June, 

July through September, and October through December. When required by this permit, an analytical result, reading, value 

or observation must be reported for that period if a discharge occurs during that period. 

Regional Administrator is the Region 5 Administrator, U.S. EPA, located at R-19J, 77 W. Jackson Blvd., Chicago, Illinois 

60604. 

Significant industrial user is a nondomestic user that: 1) is subject to Categorical Pretreatment Standards under 40 CFR 

403.6 and 40 CFR Chapter I, Subchapter N; or 2) discharges an average of 25,000 gallons per day or more of process 

wastewater to a POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewater); contributes a process 

wastestream which makes up five (5) percent or more of the average dry weather hydraulic or organic capacity of the 

POTW treatment plant; or is designated as such by the permittee as defined in 40 CFR 403.12(a) on the basis that the 

industrial user has a reasonable potential for adversely affecting the POTW's treatment plant operation or violating any 

pretreatment standard or requirement (in accordance with 40 CFR 403.8(f)(6)). 

Tier I value means a value for aquatic life, human health or wildlife calculated under R 323.1057 of the Water Quality 

Standards using a tier I toxicity database. 

Tier II value means a value for aquatic life, human health or wildlife calculated under R 323.1057 of the Water Quality 

Standards using a tier II toxicity database. 

Toxicity Reduction Evaluation (TRE) means a site-specific study conducted in a stepwise process designed to identify the 

causative agents of effluent toxicity, isolate the sources of toxicity, evaluate the effectiveness of toxicity control options, 

and then confirm the reduction in effluent toxicity. 
PERMIT NO. MI0001368 Page 13 of 21 

PART II 

Section A. Definitions 

Water Quality Standards means the Part 4 Water Quality Standards developed under Part 31 of Act No. 451 of the Public 

Acts of 1994, as amended, being Rules 323.1041 through 323.1117 of the Michigan Administrative Code. 

Weekly frequency of analysis refers to a calendar week which begins on Sunday and ends on Saturday. When required by 

this permit, an analytical result, reading, value or observation must be reported for that period if a discharge occurs during 

that period. 

Yearly frequency of analysis refers to a calendar year beginning on January 1 and ending on December 31. When 

required by this permit, an analytical result, reading, value or observation must be reported for that period if a discharge 

occurs during that period. 

3-Portion Composite sample is a sample consisting of three equal volume grab samples collected at equal intervals over an 

8-hour period. 

24-Hour Composite sample is a flow proportioned composite sample consisting of hourly or more frequent portions that 

are taken over a 24-hour period. 

7-day concentration is the sum of the daily concentrations determined during any 7 consecutive days in a reporting month 

divided by the number of daily concentrations determined. The calculated 7-day concentration will be used to determine 

compliance with any maximum 7-day concentration limitations. When required by the permit, report the maximum 

calculated 7-day concentration for the month in the “MAXIMUM” column under “QUALITY OR CONCENTRATION” 

on the DMRs. 

7-day loading is the sum of the daily loadings of a parameter divided by the number of daily loadings determined during 

any 7 consecutive days in a reporting month. The calculated 7-day loading will be used to determine compliance with any 

maximum 7-day loading limitations. When required by the permit, report the maximum calculated 7-day loading for the 

month in the “MAXIMUM” column under “QUANTITY OR LOADING” on the DMRs. 
PERMIT NO. MI0001368 Page 14 of 21 

PART II 

Section B. Monitoring Procedures 

1. Representative Samples 

Samples and measurements taken as required herein shall be representative of the volume and nature of the monitored 

discharge. 

2. Test Procedures 

Test procedures for the analysis of pollutants shall conform to regulations promulgated pursuant to Section 304(h) of the 

Federal Act (40 CFR Part 136 - Guidelines Establishing Test Procedures for the Analysis of Pollutants), unless specified 

otherwise in this permit. Requests to use test procedures not promulgated under 40 CFR Part 136 for pollutant monitoring 

required by this permit shall be made in accordance with the Alternate Test Procedures regulations specified in 40 CFR 

136.4. These requests shall be submitted to the Chief of the Permits Section, Water Bureau, Michigan Department of 

Environmental Quality, P.O. Box 30273, Lansing, Michigan, 48909-7773. The permittee may use such procedures upon 

approval. 

The permittee shall periodically calibrate and perform maintenance procedures on all analytical instrumentation at intervals 

to ensure accuracy of measurements. The calibration and maintenance shall be performed as part of the permittee’s 

laboratory Quality Control/Quality Assurance program. 

3. Instrumentation 

The permittee shall periodically calibrate and perform maintenance procedures on all monitoring instrumentation at 

intervals to ensure accuracy of measurements. 

4. Recording Results 

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

information: 1) the exact place, date, and time of measurement or sampling; 2) the person(s) who performed the 

measurement or sample collection; 3) the dates the analyses were performed; 4) the person(s) who performed the analyses; 

5) the analytical techniques or methods used; 6) the date of and person responsible for equipment calibration; and 7) the 

results of all required analyses. 

5. Records Retention 

All records and information resulting from the monitoring activities required by this permit including all records of analyses 

performed and calibration and maintenance of instrumentation and recordings from continuous monitoring instrumentation 

shall be retained for a minimum of three (3) years, or longer if requested by the Regional Administrator or the Michigan 

Department of Environmental Quality. 
PERMIT NO. MI0001368 Page 15 of 21 

PART II 

Section C. Reporting Requirements 

1. Start-up Notification 

If the permittee will not discharge during the first 60 days following the effective date of this permit, the permittee shall 

notify the Department within 14 days following the effective date of this permit, and then 60 days prior to the 

commencement of the discharge. 

2. Submittal Requirements for Self-Monitoring Data 

Unless instructed on the effluent limits page to conduct "retained self-monitoring,” the permittee shall submit selfmonitoring data on the Environmental Protection Agency's Discharge Monitoring Report (DMR) forms (monthly summary 

information) and the Department's Daily Discharge Monitoring Report forms (daily information) to PCS-Data Entry, Water 

Bureau, Michigan Department of Environmental Quality, P.O. Box 30273, Lansing, Michigan, 48909-7773, for each 

calendar month of the authorized discharge period(s). The forms shall be postmarked no later than the 10th day of the 

month following each month of the authorized discharge period(s). Electronic Environmental Discharge Monitoring 

Reporting (e2-DMR) System participants shall submit self-monitoring data for each month of the authorized discharge 

period(s). The electronic forms shall be submitted to the department no later than the 20th day of the month following 

each month of the authorized discharge period(s). 

Alternative Daily Discharge Monitoring Report formats may be used if they provide equivalent reporting details and are 

approved by the Department. For information on the electronic submittal of this information, contact the Department or 

visit the e

2

-Reporting website @ https://secure1.state.mi.us/e2rs/ - click on "about e-DMR" to download the 

Facility Participation Package. 

3. Retained Self-Monitoring Requirements 

If instructed on the effluent limits page to conduct retained self-monitoring, the permittee shall maintain a year-to-date log 

of retained self-monitoring results and, upon request, provide such log for inspection to the staff of the Water Bureau, 

Michigan Department of Environmental Quality (in the case of hospitals, nursing homes and extended care facilities, to the 

staff of the Division of Health Facilities and Services, Michigan Department of Consumer and Industry Services). Retained 

self-monitoring results are public information and shall be promptly provided to the public upon request. 

The permittee shall certify, in writing, to the Department, on or before January 10th of each year, that: 1) all retained 

self-monitoring requirements have been complied with and a year-to-date log has been maintained; and 2) the application 

on which this permit is based still accurately describes the discharge. 

4. Additional Monitoring by Permittee 

If the permittee monitors any pollutant at the location(s) designated herein more frequently than required by this permit, 

using approved analytical methods as specified above, the results of such monitoring shall be included in the calculation and 

reporting of the values required in the Discharge Monitoring Report. Such increased frequency shall also be indicated. 

Monitoring required pursuant to Part 41 of the Michigan Act or Rule 35 of the Mobile Home Park Commission Act (Act 96 

of the Public Acts of 1987) for assurance of proper facility operation shall be submitted as required by the Department. 

5. Compliance Dates Notification 

Within 14 days of every compliance date specified in this permit, the permittee shall submit a written notification to the 

Department indicating whether or not the particular requirement was accomplished. If the requirement was not 

accomplished, the notification shall include an explanation of the failure to accomplish the requirement, actions taken or 

planned by the permittee to correct the situation, and an estimate of when the requirement will be accomplished. If a 

written report is required to be submitted by a specified date and the permittee accomplishes this, a separate written 

notification is not required. 
PERMIT NO. MI0001368 Page 16 of 21 

PART II 

Section C. Reporting Requirements 

6. Noncompliance Notification 

Compliance with all applicable requirements set forth in the Federal Act, Parts 31 and 41 of the Michigan Act, and related 

regulations and rules is required. All instances of noncompliance shall be reported as follows: 

a. 24-hour reporting - Any noncompliance which may endanger health or the environment (including maximum daily 

concentration discharge limitation exceedances) shall be reported, verbally, within 24 hours from the time the 

permittee becomes aware of the noncompliance. A written submission shall also be provided within five (5) days. 

b. other reporting - The permittee shall report, in writing, all other instances of noncompliance not described in a. 

above at the time monitoring reports are submitted; or, in the case of retained self-monitoring, within five (5) days 

from the time the permittee becomes aware of the noncompliance. 

Written reporting shall include: 1) a description of the discharge and cause of noncompliance; and 2) the period of 

noncompliance, including exact dates and times; or, if not corrected, the anticipated time the noncompliance is expected to 

continue, and the steps taken to reduce, eliminate and prevent recurrence of the noncomplying discharge. 

7. Spill Notification 

The permittee shall report any release of any polluting material from the permitted facility which occurs to the surface 

waters or groundwaters of the state that is required to be reported pursuant to the Part 5 Rules (Rules 324.2001 through 

324.2009 of the Michigan Administrative Code) as soon as practicable after the detection of a release by calling the 

Department at the number indicated on the first page of this permit, or if the notice is provided after regular working hours 

call the Department’s 24-hour Pollution Emergency Alerting System telephone number, 1-800-292-4706 (calls from 

out-of-state dial 1-517-373-7660). 

Within ten (10) days of the release, the permittee shall submit to the Department a full written explanation as to the cause of 

the release, the discovery of the release, response (clean-up and/or recovery) measures taken, and preventative measures 

taken or a schedule for completion of measures to be taken to prevent reoccurrence of similar releases. 

8. Upset Noncompliance Notification 

If a process "upset" (defined as an exceptional incident in which there is unintentional and temporary noncompliance with 

technology based permit effluent limitations because of factors beyond the reasonable control of the permittee) has 

occurred, the permittee who wishes to establish the affirmative defense of upset, shall notify the Department by telephone 

within 24-hours of becoming aware of such conditions; and within five (5) days, provide in writing, the following 

information: 

a. that an upset occurred and that the permittee can identify the specific cause(s) of the upset; 

b. that the permitted wastewater treatment facility was, at the time, being properly operated; and 

c. that the permittee has specified and taken action on all responsible steps to minimize or correct any adverse impact 

in the environment resulting from noncompliance with this permit. 

In any enforcement proceedings, the permittee, seeking to establish the occurrence of an upset, has the burden of proof. 
PERMIT NO. MI0001368 Page 17 of 21 

PART II 

Section C. Reporting Requirements 

9. Bypass Prohibition and Notification 

a. Bypass Prohibition - Bypass is prohibited unless: 

1) bypass was unavoidable to prevent loss of life, personal injury, or severe property damage; 

2) there were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention 

of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied 

if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to 

prevent a bypass; and 

3) the permittee submitted notices as required under 9.b. or 9.c. below. 

b. Notice of Anticipated Bypass - If the permittee knows in advance of the need for a bypass, it shall submit prior 

notice to the Department, if possible at least ten (10) days before the date of the bypass, and provide information 

about the anticipated bypass as required by the Department. The Department may approve an anticipated bypass, 

after considering its adverse effects, if it will meet the three (3) conditions listed in 9.a. above. 

c. Notice of Unanticipated Bypass - The permittee shall submit notice to the Department of an unanticipated bypass 

by calling the Department at the number indicated on the first page of this permit (if the notice is provided after 

regular working hours, use the following number: 1-800-292-4706) as soon as possible, but no later than 24 hours 

from the time the permittee becomes aware of the circumstances. 

d. Written Report of Bypass - A written submission shall be provided within five (5) working days of commencing 

any bypass to the Department, and at additional times as directed by the Department. The written submission shall 

contain a description of the bypass and its cause; the period of bypass, including exact dates and times, and if the 

bypass has not been corrected, the anticipated time it is expected to continue; steps taken or planned to reduce, 

eliminate, and prevent reoccurrence of the bypass; and other information as required by the Department. 

e. Bypass Not Exceeding Limitations - The permittee may allow any bypass to occur which does not cause effluent 

limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These 

bypasses are not subject to the provisions of 9.a., 9.b., 9.c., and 9.d., above. This provision does not relieve the 

permittee of any notification responsibilities under Part II.C.10. of this permit. 

f. Definitions 

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

2) Severe property damage means substantial physical damage to property, damage to the treatment facilities 

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

reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss 

caused by delays in production. 

10. Notification of Changes in Discharge 

The permittee shall notify the Department, in writing, within 10 days of knowing, or having reason to believe, that any 

activity or change has occurred or will occur which would result in the discharge of: 1) detectable levels of chemicals on 

the current Michigan Critical Materials Register, priority pollutants or hazardous substances set forth in 40 CFR 122.21, 

Appendix D, or the Pollutants of Initial Focus in the Great Lakes Water Quality Initiative specified in 40 CFR 132.6, Table 

6, which were not acknowledged in the application or listed in the application at less than detectable levels; 2) detectable 

levels of any other chemical not listed in the application or listed at less than detection, for which the application 

specifically requested information; or 3) any chemical at levels greater than five times the average level reported in the 

complete application submitted on August 13, 1999 and amended through September 13, 2000. Any other monitoring 

results obtained as a requirement of this permit shall be reported in accordance with the compliance schedules. 
PERMIT NO. MI0001368 Page 18 of 21 

PART II 

Section C. Reporting Requirements 

11. Changes in Facility Operations 

Any anticipated action or activity, including but not limited to facility expansion, production increases, or process 

modification, which will result in new or increased loadings of pollutants to the receiving waters must be reported to the 

Department by a) submission of an increased use request (application) and all information required under Rule 323.1098 

(Antidegradation) of the Water Quality Standards or b) by notice if the following conditions are met: 1) the action or 

activity will not result in a change in the types of wastewater discharged or result in a greater quantity of wastewater than 

currently authorized by this permit; 2) the action or activity will not result in violations of the effluent limitations specified 

in this permit; 3) the action or activity is not prohibited by the requirements of Part II.C.12.; and 4) the action or activity will 

not require notification pursuant to Part II.C.10. Following such notice, the permit may be modified according to applicable 

laws and rules to specify and limit any pollutant not previously limited. 

12. Bioaccumulative Chemicals of Concern (BCC) 

Consistent with the requirements of Rules 323.1098 and 323.1215 of the Michigan Administrative Code, the permittee is 

prohibited from undertaking any action that would result in a lowering of water quality from an increased loading of a BCC 

unless an increased use request and antidegradation demonstration have been submitted and approved by the Department. 

13. Transfer of Ownership or Control 

In the event of any change in control or ownership of facilities from which the authorized discharge emanates, the permittee 

shall submit to the Department 30 days prior to the actual transfer of ownership or control a written agreement between the 

current permittee and the new permittee containing: 1) the legal name and address of the new owner and 2) a specific date 

for the effective transfer of permit responsibility, coverage and liability. 

If the new permittee is proposing changes in operations, wastewater discharge, or wastewater treatment, the Department 

may propose modification of this permit in accordance with applicable laws and rules. 
PERMIT NO. MI0001368 Page 19 of 21 

PART II 

Section D. Management Responsibilities 

1. Duty to Comply 

All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any 

pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation 

of the permit. 

It is the duty of the permittee to comply with all the terms and conditions of this permit. Any noncompliance with the 

Effluent Limitations, Special Conditions, or terms of this permit constitutes a violation of the Michigan Act and/or the 

Federal Act and constitutes grounds for enforcement action; for permit termination, revocation and reissuance, or 

modification; or denial of an application for permit renewal. 

2. Operator Certification 

The permittee shall have the waste treatment facilities under direct supervision of an operator certified at the appropriate 

level for the facility certification by the Michigan Department of Environmental Quality, as required by Sections 3110 and 

4104 of the Michigan Act. 

3. Facilities Operation 

The permittee shall, at all times, properly operate and maintain all treatment or control facilities or systems installed or used 

by the permittee to achieve compliance with the terms and conditions of this permit. Proper operation and maintenance 

includes adequate laboratory controls and appropriate quality assurance procedures. 

4. Power Failures 

In order to maintain compliance with the effluent limitations of this permit and prevent unauthorized discharges, the 

permittee shall either: 

a. provide an alternative power source sufficient to operate facilities utilized by the permittee to maintain compliance 

with the effluent limitations and conditions of this permit; or 

b. upon the reduction, loss, or failure of one or more of the primary sources of power to facilities utilized by the 

permittee to maintain compliance with the effluent limitations and conditions of this permit, the permittee shall 

halt, reduce or otherwise control production and/or all discharge in order to maintain compliance with the effluent 

limitations and conditions of this permit. 

5. Adverse Impact 

The permittee shall take all reasonable steps to minimize any adverse impact to the surface waters or groundwaters of the 

state resulting from noncompliance with any effluent limitation specified in this permit including, but not limited to, such 

accelerated or additional monitoring as necessary to determine the nature and impact of the discharge in noncompliance. 

6. Containment Facilities 

The permittee shall provide facilities for containment of any accidental losses of polluting materials in accordance with the 

requirements of the Part 5 Rules (Rules 324.2001 through 324.2009 of the Michigan Administrative Code). For a Publicly 

Owned Treatment Work (POTW), these facilities shall be approved under Part 41 of the Michigan Act. 
PERMIT NO. MI0001368 Page 20 of 21 

PART II 

Section D. Management Responsibilities 

7. Waste Treatment Residues 

Residuals (i.e. solids, sludges, biosolids, filter backwash, scrubber water, ash, grit or other pollutants) removed from or 

resulting from treatment or control of wastewaters, shall be disposed of in an environmentally compatible manner and 

according to applicable laws and rules. These laws may include, but are not limited to, the Michigan Act, Part 31 for 

protection of water resources, Part 55 for air pollution control, Part 111 for hazardous waste management, Part 115 for solid 

waste management, Part 121 for liquid industrial wastes, Part 301 for protection of inland lakes and streams, and Part 303 

for wetlands protection. Such disposal shall not result in any unlawful pollution of the air, surface waters or groundwaters 

of the state. 

8. Right of Entry 

The permittee shall allow the Michigan Department of Environmental Quality, any agent appointed by the Department or 

the Regional Administrator, upon the presentation of credentials: 

a. to enter upon the permittee’s premises where an effluent source is located or in which any records are required to 

be kept under the terms and conditions of this permit; and 

b. at reasonable times to have access to and copy any records required to be kept under the terms and conditions of 

this permit; to inspect process facilities, treatment works, monitoring methods and equipment regulated or required 

under this permit; and to sample any discharge of pollutants. 

9. Availability of Reports 

Except for data determined to be confidential under Section 308 of the Federal Act and Rule 2128 (Rule 323.2128 of the 

Michigan Administrative Code), all reports prepared in accordance with the terms of this permit shall be available for public 

inspection at the offices of the Department and the Regional Administrator. As required by the Federal Act, effluent data 

shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition 

of criminal penalties as provided for in Section 309 of the Federal Act and Sections 3112, 3115, 4106 and 4110 of the 

Michigan Act. 
PERMIT NO. MI0001368 Page 21 of 21 

PART II 

Section E. Activities Not Authorized by This Permit 

1. Discharge to the Groundwaters 

This permit does not authorize any discharge to the groundwaters. Such discharge may be authorized by a groundwater 

discharge permit issued pursuant to the Michigan Act. 

2. Facility Construction 

This permit does not authorize or approve the construction or modification of any physical structures or facilities. 

Approval for such construction for a POTW must be by permit issued under Part 41 of the Michigan Act. Approval for 

such construction for a mobile home park, campground or marina shall be from the Water Bureau, Michigan Department of 

Environmental Quality. Approval for such construction for a hospital, nursing home or extended care facility shall be from 

the Division of Health Facilities and Services, Michigan Department of Consumer and Industry Services upon request. 

3. Civil and Criminal Liability 

Except as provided in permit conditions on "Bypass" (Part II.C.9. pursuant to 40 CFR 122.41(m)), nothing in this permit 

shall be construed to relieve the permittee from civil or criminal penalties for noncompliance, whether or not such 

noncompliance is due to factors beyond the permittee’s control, such as accidents, equipment breakdowns, or labor disputes. 

4. Oil and Hazardous Substance Liability 

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

responsibilities, liabilities, or penalties to which the permittee may be subject under Section 311 of the Federal Act except 

as are exempted by federal regulations. 

5. State Laws 

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

responsibilities, liabilities, or penalties established pursuant to any applicable state law or regulation under authority 

preserved by Section 510 of the Federal Act. 

6. Property Rights 

The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive 

privileges, nor does it authorize violation of any federal, state or local laws or regulations, nor does it obviate the necessity 

of obtaining such permits or approvals from other units of government as may be required by law.