### DISCLAIMER The full text of certain NPDES permits and the asso ciated fact sheets has been made available to provide online access to this public information. EPA is making permits and fact sheets available electronically to provide convenient access for inte rested public parties and as a reference for permit writers. The ownership of these documents lies with the permitting authority, typically a State with an authorized NPDES program. While EPA makes every effort to ensure that this web site remains current and contains the final version of the active permit, we cannot guarantee it is so. For example, there may be some delay in posting modifications made after a permit is i ssued. Also note that not all active permits are currently available electronically. Only permits and fact sheets for which the full text has been provided to Headquarters by the permitting authoritymay be made available. Headquarters has requested the full text only for permits as they are issued or reissued, beginning November 1, 2002. Please contact the appropriate permitting authority (either a State or EPA Regional office) prior to acting on this information to ensure you have th e most up-to-date permit and/or fact sheet. EPA recognizes the official version of a permit or fact sheet to be the version designated as such and appropriately stored by the respective permitting authority. The documents are gathered from all permitting 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 DISCH ARGE ELIMINATION SYSTEM In compliance with the provisions of the Federal Water Pollutio n 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, Mich igan 48173 is authorized to discharge from the facility located at 20837 North Huron River Drive

Rockwood, Mich igan 48173 designated as US Silica Co to the receiving water named the Huron Ri ver 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 di scharge. 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 th an 45 days after receivin g the notice for notices maile d 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 requirem ents 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 an d 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 Load ing Quality or Concentration Frequency Sample ParameterMonthly 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) μ g/l Monthly Calculation October 1, 2008 through September 30, 2010 (report) 100 μ g/l Monthly Calculation Beginning October 1, 2010 1.3 1.6 μ g/l Monthly Calculation Total Dissolved Solids (report) mg/l Monthly Grab
Dissolved Sulfides (report) μ g/l Monthly Grab Temperature (report) o F Monthly Reading Conductivity (report) μ mho/cmMonthly 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 discharg e 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., unnatur al 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 Pa rt 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, 18 thEdition . The quantification levels for dissolved sulfides and hydrogen sulfide shall be 50 μg/l and 20 μg/l, respectively, unless higher levels ar e 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-S 2- H. Calculation of Un-ionized Hydrogen Sulfide referenced in Standard Methods for the Examination of Water and Wastewater, 18 thEdition . In order to calculate hydrogen sulfide, the permittee mu st measure temperature, c onductivity, 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 quantifi cation 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 monitori ng is appropriate. Upon receipt of written approval and consistent with such ap proval, 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 Tota l 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 le vels 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 sh all be entered on the Discharge Monito ring 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 S ilver Creek. Monitoring Point 003A di scharges 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 ParameterMonthly 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) μ g/l Monthly Calculation October 1, 2008 through September 30, 2010 (report) 100 μ g/l Monthly Calculation Beginning October 1, 2010 0.09 1.6 μ g/l Monthly Calculation Total Dissolved Solids (report) mg/l Monthly Grab Whole Effluent Toxicity Chronic Toxicity (report) TU C see Part I.A.2.i. 24-Hr Composite Acute Toxicity (report) TU A see Part I.A.2.i. 24-Hr Composite
Dissolved Sulfides (report) μ g/l Monthly Grab Temperature (report) o F Monthly Reading Conductivity (report) μ mho/cmMonthly 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 discharg e 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., unnatur al 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 Pa rt 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, 18 thEdition . The quantification levels for dissolved sulfides and hydrogen sulfide shall be 50 μg/l and 20 μg/l, respectively, unless higher levels ar e 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-S 2- H. Calculation of Un-ionized Hydrogen Sulfide referenced in Standard Methods for the Examination of Water and Wastewater, 18 thEdition . In order to calculate hydrogen sulfide, the permittee mu st measure temperature, c onductivity, 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 quantifi cation 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 requ est shall contain an explanation as to why the reduced monitoring is appropriate. Upon receipt of written approval and consiste nt 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, temperatur e, 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 Tota l 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 le vels 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. *Eshall be entered on the DMR for eac h 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 ex ceeds 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 (TU C )), 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 tes ting frequency is unacceptable if the toxicity tests did not meet all test acceptability criteria in the United St ates Environmental Protec tion 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 exhib its 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 an d reporting procedures sha ll 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 repo rted. 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 da ta 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 (T RE). 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 TU C . The following documents are available as guidance to reduce toxicity to acceptable le vels: Phase I, EPA/600/6-91/005F (chronic); Phase II, EPA/600/R-92/080; and Phase III, EP A/600/R-92/081. Annual TRE progress reports shall be submitted to the Department within 30 days after the completi on 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 sh all 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 Treatme nt 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 receive s prior to discharge; f. product function (i.e. microbiocide, flocculant, etc.);
g. a 48-hour LC 50 or EC 50 for a North American freshwate r 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 testin g, the permittee should contact the Department to determine the appropriate testing. Following submittal and review of this data, this permit may be modified in accorda nce 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 Qu antification Level In accordance with R323.1213 of the Mi chigan Administrative Code, the permi ttee shall either co nduct 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 hydrog en sulfide entering the wastewater co llection 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 identif ied 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 appr oval. 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 reque st is approvable, this permit may be modified in accordance withapplicable 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 m odified 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. Th e permittee may replace the facility contact at any time, and shall notify the Department in writing with in 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 aut horized representative of this person):
• for a corporation, a principal executiv e officer of at least the level of vice president, or a designated representative, if the representativ e 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 auth orized 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(TU a ) means 100/LC 50 where the LC 50 is determined from a whole effluent toxicity (WET) test which produces a result that is statistically or graphically esti mated 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 inaquatic organisms by a human health bioaccumulation factor of more than 1000 after considering metabolism and other physiochemical prop erties 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 inform ation needed to define an inorganic chemical as a BCC, including an organometal, is either a fi eld-measured BAF or a laboratory-measured bioconcentration factor (BCF). The BCCs to which these rules apply are identif ied 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 (TU c ) means 100/MATC or 100/IC 25 , where the maximum acceptable t oxicant concentration (MATC) and IC 25 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 Pathogen s (PSRP) in accordance with the Part 24 Rules. Processes include aerobic digestion, composting, anaerobic digestion, lime stabilization and air drying. Daily concentrationis 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 conc entration 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 da ily 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 individualsample 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 require d 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. EC 50 means a statistically or graphically esti mated 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 collect ed in a calendar month (or 30 consecutive days). The calculated monthly value will be used to de termine 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 collect ed 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. IC 25 means the toxicant concentration that would cause a 25% re duction in a nonquantal biologi cal 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. [Thi s 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 bios olids or biosolids derivative can either condition the soil or fertilize crops or vegetation grown in the soil. LC 50 means a statistically or graphically es timated 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 sp ecific 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 pe riod if a discharge occurs during that period. Monthly concentrationis the sum of the daily concentrations determined during a reporting month (or 30 consecutive days) divided by the number of daily concentrations determin ed. 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 influe nt 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 m onthly 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 “QUANTITYOR 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 concen tration 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 Wateris 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 useris 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.
Pretreatmentis 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 detec tion level. It is considered the lowest concentration at which a particular contaminant can be qu antitatively 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 Octo ber 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 Administratoris the Region 5 Administrator, U.S. EPA, located at R-19J, 77 W. Jackson Blvd., Chicago, Illinois 60604. Significant industrial useris 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 reasonab le 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 wildlif e 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 Ja nuary 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 gr ab 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 loadingis 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 Pro cedures 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 maintenan ce procedures on all analytical instrumentation at intervals to ensure accuracy of measur ements. 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 activitie s 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 10 thday of the month following each month of the authorized discharge peri od(s). Electronic Environm ental 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 Depart ment, on or before January 10th of each year , that: 1) all retained self-monitoring requirements have been co mplied 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 specifi ed above, the results of such monitoring shall be included in the calculation and reporting of the values required in the Discharge MonitoringReport. Such increased frequency shall also be indicated. Monitoring required pursuant to Part 41 of the Michigan Ac t 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 specifie d 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 notificatio n shall include an explanation of the failure to accomplish the requirement, actions taken or planned by the permittee to correct the situation, and an es timate 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 othe r 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 become s aware of the noncompliance. Written reporting shall include: 1) a description of the disc harge 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 an d 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 Administrativ e 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, th e permittee shall submit to the Department a full written explanation as to the cause of the release, the discovery of the releas e, 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 exce ptional incident in which there is unintentional and temporary noncompliance with technology based permit effluent limitati ons because of factors beyond the reas onable control of the permittee) has occurred, the permittee who wishes to es tablish 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 th e 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 re sponsible steps to minimize or correct any adverse impact in the environment resulting from noncompliance with this permit. In any enforcement proceedings, the permitt ee, seeking to establish th e 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, su ch 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 - Th e 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 pe rmit (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 become s 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 al low any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for es sential 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 inoper able, or substantial and permanent lo ss 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 po llutants 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 fivetimes 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, produ ction increases, or process modification, which will result in new or in creased loadings of pollutants to the recei ving 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 specif ied in this permit; 3) the action or activity is not prohibited by th e 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 lo wering 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 cont aining: 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 violatio n 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 us ed 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 su fficient 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 st eps to minimize any adverse impact to th e surface waters or groundwaters of the state resulting from noncompliance with any effluent limitation specified in this pe rmit including, but not limited to, such accelerated or additional monitoring as n ecessary to determine the nature and imp act of the discharge in noncompliance.


## 6. Containment Facilities The permittee shall provide facilities for co ntainment of any accidental losses of po lluting 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, scr ubber water, ash, grit or othe r 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 an d rules. These laws may include, but are notlimited 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 pol lution 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 whic h 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 facilitie s, 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 Sectio n 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 hosp ital, nursing home or extended care facility shall be from the Division of Health Facilities and Services, Michigan De partment of Consumer and In dustry 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 in stitution 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 in stitution 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 ri ghts in either real or personal property, or any exclusive privileges, nor does it authorize violation of any federal, stat e or local laws or regulations , nor does it obviate the necessi ty of obtaining such permits or approvals from other units of government as may be required by law.