For the Commission 

TPDES PERMIT NO. WQ0001369000 

[For TCEQ office use only -

EPA I.D. No. TX0o.57s761 

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY 

P. 0. Box 13087 

Austin, Texas 78711-3087 

This is a renewal of TPDES 

Permit No. WQ0001369000 

issued on June 27, 2005. 

PERMIT TO DISCHARGE WASTES 

under provisions of 

Section 402 of the Clean Water Act 

and Chapter 26 of the Texas Water Code 

Lower Colorado River Authority 

whose mailing address is 

2001 Ferguson Road 

Horseshoe Bay, Texas 78657 

is authorized to treat and discharge wastes from Thomas C. Ferguson Power Plant, a steam electric 

station (SIC 4911) 

located adjacent to Lake Lyndon B. Johnson, approximately 7 miles west of the City of Marble Falls, and 

approximately 1 mile north of Ranch Road 2147, Llano County, Texas 

directly to Lake Lyndon B. Johnson in Segment No. 1406 of the Colorado River Basin 

only according to effluent limitations, monitoring requirements and other conditions set forth in this 

permit, as well as the rules of the Texas Commission on Environmental Quality (TCEQ), the laws of the 

State of Texas, and other orders of the TCEQ. The issuance of this permit does not grant to the permittee 

the right to use private or public property for conveyance of wastewater along the discharge route 

described in this permit. This includes, but is not limited to, property belonging to any individual, 

partnership, corporation, or other entity. Neither does this permit authorize any invasion of personal 

rights nor any violation of federal, state, or local laws or regulations. It is the responsibility of the 

permittee to acquire property rights as may be necessary to use the discharge route. 

This permit shall expire at midnight on December 1, 2016. 

ISSUED DATE: February 4, 2013 
Effluent Characteristics Discharge Limitations Minimum Self-Monitoring Requirements 

Daily Average Daily Maximum Single Grab Report Daily Average and Daily Maximum 

lbs/day mg/L lbs/day 1ng/L mg/L Measurement Frequency Sample Type 

Flow (MGD) (Report) (Report) N/A Continuous Calculated 

Total Residual Chlorine (*1) N/A N/A 6o.5 0.2 0.2 1/week Grab (*2) 

Temperature (°F) (*1) (io6) (ilo) N/A Continuous Record 

(*l) See Other Requirement No. 3. 

(*2) Samples shall be representative of periods of chlorination. 

2. There shall be no discharge of floating solids or visible foam in other than trace amounts and no discharge of visible oil. 

3. Effluent monitoring samples shall be taken at the following location: At Outfall 001, where once through cooling water, auxiliary cooling water, 

storm water and PME discharge from the canal to Lake Lyndon B. Johnson. 

Page 2 of TPDES Permit No. WQ000l369000 Lower Colorado River Authority 
Effluent Characteristics Discharge Limitations Minimum Self-Monitoring Requirements 

Daily Average Daily Maximum Single Grab Report Daily Average and Daily Maximum 

mg/L mg/L mg/L Measurement Frequency Sample Type 

Flow (MGD) (Report) (Report) N/A i/week (*2) Estimate 

Total Suspended Solids 30 100 100 Vweek (*2) Grab 

Oil and Grease 15 20 20 i/week (*2) Grab 

(*1) See Other Requirement No. 3. 

(*2) When discharging. 

2. The pH shall not be less than 6.o standard units nor greater than 9.o standard units and shall be monitored 1/week (*2) by grab sample. 

3. There shall be no discharge of floating solids or visible foam in other than trace amounts and no discharge of visible oil. 

4. Effluent monitoring samples shall be taken at the following location: At Outfall 101, where low volume waste sources contained in the 

neutralization basin are discharged prior to mixing with any other waters. 

Page 2a of TPDES Permit No. WQ000l369000 Lower Colorado River Authority 
Effluent Characteristics Discharge Limitations Minimum Self-Monitoring Requirements 

Daily Average Daily Maximum Single Grab Report Daily Average and Daily Maximum 

mg/L mg/L mg/L Measurement Frequency Sample Type 

Flow (MGD) (Report) (Report) N/A i/week (*2) Instantaneous 

Total Suspended Solids 30 too loci 1/week (*2) Grab (*3) 

Oil and Grease 15 20 20 i/week (*2) Grab (*4) 

(*1) See Other Requirement No. 3. 

(*2) When discharging. 

(*3) If more than one source is associated with this particular waste category, grab samples from each source shall be combined into a 

single flow weighted sample for analysis and reporting. 

If more than one source is associated with this particular waste category, the source with the highest oil and grease analysis shall be 

reported. 

2. The pH shall not be less than 6.o standard units nor greater than 9.0 standard units and shall be monitored 1/week (*2) by grab (*3) sample. 

3. There shall be no discharge of floating solids or visible foam in other than trace amounts and no discharge of visible oil. 

4. Effluent monitoring samples shall be taken at the following location: At Outfall 201, where low volume waste sources are discharged from the 

API Separator, basement underdrains, or other low yob ime waste sources and prior to mixing with any other waters. 

Page 2b of TPDES Permit No. WQ000136900o Lower Colorado River Authority 
Daily Average Daily Maximum Single Grab Report Daily Average and Daily Maximum 

mg/L mg/L mg/L Measurement Frequency Sample Type 

Flow (MGD) (Report) (Report) N/A 1/week (*1) Estimate 

Total Suspended Solids 3o ioo ioo i/week ("1) Grab 

Oil and Grease 15 20 20 1/week (*1) Grab 

(*1) When discharging. 

2. The pH shall not be less than 6.o standard units nor greater than 9.0 standard units and shall be monitored 1/week (*1) by grab sample. 

3. There shall be no discharge of floating solids or visible foam in other than trace amounts and no discharge of visible oil. 

q. Effluent monitoring samples shall be taken at the following location: At Outfall 301, where stormwater is discharged from the API Separator 

prior to commingling with any other waters. 

Page 2c of TPDES Permit No. WQ0001369000 Lower Colorado River Authority 
Minimum Self-Monitoring Requirements 

Report Daily Average and Daily Maximum 

Measurement Frequency Sample Type 

i/day (*2) 

i/day (*2) 

i/day (*2) 

i/day (*2) 

1/day (*2) 

Estimate 

Grab 

Grab 

Grab 

Grab 

Effluent Characteristics Discharge Limitations 

Daily Average Daily Maximum Single Grab 

mg/L mg/L mg/L 

Flow (MGD) (Report) (Report) N/A 

Total Suspended Solids 3o 100 100 

Oil and Grease 15 20 20 

Iron, Total 1.o 1.0 1.0 

Copper, Total 0.5 1.0 1.0 

(*1) See Other Requirement No. 7. 

(*2) When discharging. 

2. The pH shall not be less than 6.o standard units nor greater than 9.0 standard units and shall be monitored 1/week (*2) by grab sample. 

3. There shall be no discharge of floating solids or visible foam in other than trace amounts and no discharge of visible oil. 

4. Effluent monitoring samples shall be taken at the following location: At Outfall 401, where metal cleaning waste and/or low volume waste 

sources are discharged from the retention pond prior to commingling with any other waters. 

Page 2d of TPDES Permit No. WQ00013690o0 Lower Colorado River Authority 
Lower Colorado River Authority TPDES Permit No. WQ0o01369000 

DEFINITIONS AND STANDARD PERMIT CONDITIONS 

As required by Title 30 Texas Administrative Code (TAC) Chapter 305, certain regulations appear as 

standard conditions in waste discharge permits. 3o TAC §§305.121- 305.129 (relating to Permit 

Characteristics and Conditions) aspromulgated under the Texas Water Code (TWC) §§5.103 and 

5.105, and the Texas Health and Safety Code (THSC) §§361.017 and 361.024(a), establish the 

characteristics and standards for waste discharge permits, including sewage sludge, and those 

sections of 4o Code of Federal Regulations (CFR) Part 122 adopted by reference by the Commission. 

The following text includes these conditions and incorporates them into this permit. All definitions in 

Texas Water Code §26.001 and 3o TAC Chapter 305 shall alp-ply to this permit and are incorporated by 

reference. Some specific definitions of words or phrases uses in this permit are as follows: 

1. Flow Measurements 

a. Annual average flow - the arithmetic average of all daily flow determinations taken within the 

preceding 12 consecutive calendar months. The annual average flow determination shall 

consist of daily flow volume determinations made by a totalizing meter, charted on a chart 

recorder, and limited to major domestic wastewater discharge facilities with a one million 

gallons per day or greater permitted flow. 

b. Daily average flow - the arithmetic average of all determinations of the daily flow within a 

period of one calendar month. The daily average flow determination shall consist of 

determinations made on at least four separate days. If instantaneous measurements are used 

to determine the daily flow, the determination shall be the arithmetic average of all 

instantaneous measurements taken during that month. Daily average flow determination for 

intermittent discharges shall consist of a minimum of three flow determinations on days of 

discharge. 

c. Daily maximum flow - the highest total flow for any 24-hour period in a calendar month. 

d. Instantaneous flow - the measured flow during the minimum time required to interpret the 

flow measuring device. 

e. 2-hour peak flow (domestic wastewater treatment plants) - the maximum flow sustained for a 

two-hour period during the period of daily discharge. The average of multiple measurements 

of instantaneous maximum flow within a two-hour period may be used to calculate the 2-hour 

peak flow. 

f. Maximum 2-hour peak flow (domestic wastewater treatment plants) - the highest 2-hour peak 

flow for any 24-hour period in a calendar month. 

2. Concentration Measurements 

a. Daily average concentration - the arithmetic average of all effluent samples, composite or grab 

as required by this permit, within a period of one calendar month, consisting of at least four 

separate representative measurements. 

i. For domestic wastewater treatment plants - When four samples are not available in a 

calendar month, the arithmetic average (weighted by flow) of all values in the previous 

four consecutive month period consisting of at least four measurements shall be utilized as 

the daily average concentration. 

ii. For all other wastewater treatment plants - When four samples are not available in a 

calendar month, the arithmetic average (weighted by flow) of all values taken during the 

month shall be utilized as the daily average concentration. 

b. 7-day average concentration - the arithmetic average of all effluent samples, composite or grab 

as required by this permit, within a period of one calendar week, Sunday through Saturday. 

c. Daily maximum concentration - the maximum concentration measured on a single day, by the 

sample type specified in the permit, within a period of one calendar month. 

Page 3 
Lower Colorado River Authority TPDES Permit No. W00001369000 

d. Daily discharge - the discharge of a pollutant measured during a calendar day or any 24-hour 

period that reasonably represents the calendar day for purposes of sampling. For pollutants 

with limitations expressed in terms of mass, the "daily discharge" is calculated as the total 

mass of the pollutant discharged over the sampling day. For pollutants with limitations 

expressed in other units of measurement, the "daily discharge" is calculated as the average 

measurement of the pollutant over the sampling day. 

The "daily discharge" determination of concentration made using a composite sample shall be 

the concentration of the composite sample. When grab samples are used, the "daily discharge" 

determination of concentration shall be the arithmetic average (weighted by flow value) of all 

samples collected during that day. 

e. Bacteria concentration (Fecal coliform, E. coli, or Enterococci) — the number of colonies of 

bacteria per 100 milliliters effluent. The daily average bacteria concentration is a geometric 

mean of the values for the effluent samples collected in a calendar month. The geometric 

mean shall be determined by calculating the nth root of the product of all measurements made 

in a calendar month, where n equals the number of measurements made; or computed as the 

antilogarithm of the arithmetic mean of the logarithms of all measurements made in a 

calendar month. For any measurement of bacteria equaling zero, a substitute value of one shall 

made for input into either computation method. If specified, the 7-day average for bacteria is 

the geometric mean of the values for all effluent samples collected during a calendar week. 

f. Daily average loading (lbs/day) - the arithmetic average of all daily discharge loading 

calculations during a period of one calendar month. These calculations must be mace for each 

day of the month that a parameter is analyzed. The daily discharge, in terms of mass (lbs/day), 

is calculated as (Flow, MGD x Concentration, mg/L x 8.34). 

Daily maximum loading (lbs/day) - the highest daily discharge, in terms of mass (lbs/day), 

within a period of one calendar month. 

3. Sample Type 

a. Composite sample - For domestic wastewater, a composite sample is a sample made up of a 

minimum of three effluent portions collected in a continuous 24-hour period or during the 

period of daily discharge if less than 24 hours, and combined in volumes proportional to flow, 

and collected at the intervals required by 3o TAC §319.9(a). For industrial wastewater, a 

composite sample is a sample made up of a minimum of three effluent portions collected in a 

continuous 24-hour period or during the period of daily discharge if less than 24 hours, and 

combined in volumes proportional to flow, and collected at the intervals required by 3o TAC 

§319.9(b). 

b. Grab sample - an individual sample collected in less than 15 minutes. 

4. Treatment Facility (facility) - wastewater facilities used in the conveyance, storage, treatment, 

recycling, reclamation and/or disposal of domestic sewage, industrial wastes, agricultural wastes, 

recreational wastes, or other wastes including sludge handling or disposal facilities under the 

jurisdiction of the Commission. 

5. The term "sewage sludge" is defined as solid, semi-solid, or liquid residue generated during the 

treatment of domestic sewage in 30 TAC Chapter 312. This includes the solids that have not been 

classified as hazardous waste separated from wastewater by unit processes. 

6. Bypass - the intentional diversion of a waste stream from any portion of a treatment facility. 

MONITORING AND REPORTING REQUIREMENTS 

1. Self-Reporting 

Monitoring results shall be provided at the intervals specified in the permit. Unless otherwise 

specified in this permit or otherwise ordered by the Commission, the permittee shall conduct 

effluent sampling and reporting in accordance with 3o TAC §§319.4 - 319.12. Unless otherwise 

specified, a monthly effluent report shall be submitted each month, to the Enforcement Division 

g. 

Page 4 
Lower Colorado River Authority TPDES Permit No. WQ0001369000 

(MC 224), by the loth day of the following month for each discharge that is described by this 

permit whether or not a discharge is made for that month. Monitoring results must be reported on 

an approved self-report form that is signed and certified as required by Monitoring and Reporting 

Requirements No. 10. 

As provided by state law, the permittee is subject to administrative, civil and criminal penalties, as 

applicable, for negligently or knowingly violating the Clean Water Act; TWC Chapters 26, 27, and 

28; and THSC Chapter 361, including but not limited to knowingly making any false statement, 

representation, or certification on any report, record, or other document submitted or required to 

be maintained under this permit, including monitoring reports or reports of compliance or 

noncompliance, or falsifying, tampering with or knowingly rendering inaccurate any monitoring 

device or method required by this permit or violating any other requirement imposed by state or 

federal regulations. 

2. Test Procedures 

a. Unless otherwise specified in this permit, test procedures for the analysis of pollutants shall 

comply with procedures specified in 3o TAC §§319.11- 319.12. Measurements, tests, and 

calculations shall be accurately accomplished in a representative manner. 

b. All laboratory tests submitted to demonstrate compliance with this permit must meet the 

requirements of 30 TAC Chapter 25, Environmental Testing Laboratory Accreditation and 

Certification. 

3- Records of Results 

a. Monitoring samples and measurements shall be taken at times and in a manner so as to be 

representative of the monitored activity. 

b. Except for records of monitoring information required by this permit related to the permittee's 

sewage sludge use and disposal activities, which shall be retained for a period of at least five 

years (or longer as required by 4o CFR Part 503), monitoring and reporting records, including 

strip charts and records of calibration and maintenance, copies of all records required by this 

permit, records of all data used to complete the application for this permit, and the 

certification required by 4o CFR §264.73(b)(9) shall be retained at the facility site, or shall be 

readily available for review by a TCEQ representative for a period of three years from the date 

of the record or sample, measurement, report, application or certification. This period shall be 

extended at the request of the Executive Director. 

c. Records of monitoring activities shall include the following: 

i. date, time, and place of sample or measurement; 

ii. identity of individual who collected the sample or made the measurement. 

iii. date and time of analysis; 

iv. identity of the individual and laboratory who performed the analysis; 

v. the technique or method of analysis; and 

vi. the results of the analysis or measurement and quality assurance/quality control records. 

The period during which records are required to be kept shall be automatically extended to the 

date of the final disposition of any administrative or judicial enforcement action that may be 

instituted against the permittee. 

4. Additional Monitoring by Permittee 

lithe permittee monitors any pollutant at the location(s) designated herein more frequently than 

required by this permit using approved analytical methods as specified above, all results of such 

monitoring shall be included in the calculation and reporting of the values submitted on the 

approved self-report form. Increased frequency of sampling shall be indicated on the self-report 

form. 

Page 5 
Lower Colorado River Authority TPDES Permit No. WQ0001369000 

5. Calibration of Instruments 

All automatic flow measuring or recording devices and all totalizing meters for measuring flows 

shall be accurately calibrated by a trained person at plant start-up and as often thereafter as 

necessary to ensure accuracy, but not less often than annually unless authorized by the Executive 

Director for a longer period. Such person shall verify in writing that the device is operating 

properly and giving accurate results. Copies of the verification shall be retained at the facility site 

and/or shall be readily available for review by a TCEQ representative for a period of three years. 

6. Compliance Schedule Reports 

Reports of compliance or noncompliance with, or any progress reports on, interim and final 

requirements contained in any compliance schedule of the permit shall be submitted no later than 

14 days following each schedule date to the Regional Office and the Enforcement Division (MC 

224). 

7. Noncompliance Notification 

a. In accordance with 3o TAC §305.125(9) any noncompliance that may endanger human health 

or safety, or the environment shall be reported by the permittee to the TCEQ. Report of such 

information shall be provided orally or by facsimile transmission (FAX) to the Regional Office 

within 24 hours of becoming aware of the noncompliance. A written submission of such 

information shall also be provided by the permittee to the Regional Office and the 

Enforcement Division (MC 224) within five working days of becoming aware of the 

noncompliance. The written submission shall contain a description of the noncompliance and 

its cause; the potential danger to human health or safety, or the environment; the period of 

noncompliance, including exact dates and times; if the noncompliance has not been corrected, 

the time it is expected to continue; and steps taken or planned to reduce, eliminate, and 

prevent recurrence of the noncompliance, and to mitigate its adverse effects. 

b. The following violations shall be reported under Monitoring and Reporting Requirement 7.a.: 

i. Unauthorized discharges as defined in Permit Condition 2(g). 

ii. Any unanticipated bypass that exceeds any effluent limitation in the permit. 

iii. Violation of a permitted maximum daily discharge limitation for pollutants listed 

specifically in the Other Requirements section of an Industrial TPDES permit. 

c. In addition to the above, any effluent violation that deviates from the permitted effluent 

limitation by more than 4o% shall be reported by the permittee in writing to the Regional 

Office and the Enforcement Division (MC 224) within 5 working days of becoming aware of 

the noncompliance. 

d. Any noncompliance other than that specified in this section, or any required information not 

submitted or submitted incorrectly, shall be reported to the Enforcement Division (MC 224) 

as promptly as possible. For effluent limitation violations, noncompliances shall be reported 

on the approved self-report form. 

8. In accordance with the procedures described in 30 TAC §§35.301- 35.303 (relating to Water 

Quality Emergency and Temporary Orders) if the permittee knows in advance of the need for a 

bypass, it shall submit prior notice by applying for such authorization. 

9. Changes in Discharges of Toxic Substances 

All existing manufacturing, commercial, mining, and silvicultural permittees shall notify the 

Regional Office, orally or by facsimile transmission within 24 hours, and both the Regional Office 

and the Enforcement Division (MC 224) in writing within five (5) working days, after becoming 

aware of or having reason to believe: 

a. That any activity has occurred or will occur that would result in the discharge, on a routine or 

frequent basis, of any toxic pollutant listed at 4o CFR Part 122, Appendix D, Tables II and III 

(excluding Total Phenols) that is not limited in the permit, if that discharge will exceed the 

highest of the following "notification levels": 

Page 6 
Lower Colorado River Authority TPDES Permit No. WQo 001369000 

i. One hundred micrograms per liter (100 plg/L); 

ii. Two hundred micrograms per liter (zoo g/L) for acrolein and acrylonitrile; five hundred 

micrograms per liter (500 pg/L) for 2,4-dinitrophenol and for 2-methyl-4,6-dinitrophenol; 

and one milligram per liter (-1 mg/L) for antimony; 

iii. Five (5) times the maximum concentration value reported for that pollutant in the permit 

application; or 

iv. The level established by the TCEQ. 

b. That any activity has occurred or will occur that would result in any discharge, on a nonroutine 

or infrequent basis, of a toxic pollutant that is not limited in the permit, if that discharge will 

exceed the highest of the following "notification levels": 

i. Five hundred micrograms per liter (500 μg/L); 

ii. One milligram per liter (1 mg/L) for antimony; 

iii. Ten (lo) times the maximum concentration value reported for that pollutant in the permit 

application; or 

iv. The level established by the TCEQ. 

10. Signatories to Reports 

All reports and other information requested by the Executive Director shall be signed by the 

person and in the manner required by 30 TAC §305.128 (relating to Signatories to Reports). 

ii. All Publicly Owned Treatment Works (POTWs) must provide adequate notice to the Executive 

Director of the following: 

a. Any new introduction of pollutants into the POTW from an indirect discharger that would be 

subject to CWA §301 or §306 if it were directly discharging those pollutants; 

b. Any substantial change in the volume or character of pollutants being introduced into that 

POTW by a source introducing pollutants into the POTW at the time of issuance of the permit; 

and 

c. For the purpose of this paragraph, adequate notice shall include information on: 

i. The quality and quantity of effluent introduced into the POTW; and 

ii. Any anticipated impact of the change on the quantity or quality of effluent to be discharged 

from the POTW. 

PERMIT CONDITIONS 

1. General 

a. When the permittee becomes aware that it failed to submit any relevant facts in a permit 

application, or submitted incorrect information in an application or in any report to the 

Executive Director, it shall promptly submit such facts or information. 

b. This permit is granted on the basis of the information supplied and representations made by 

the permittee during action on an application, and relying upon the accuracy and 

completeness of that information and those representations. After notice and opportunity for a 

hearing, this permit may be modified, suspended, or revoked, in whole or in part, in 

accordance with 3o TAC Chapter 305, Subchapter D, during its term for good cause including, 

but not limited to, the following: 

i. Violation of any terms or conditions of this permit; 

ii. Obtaining this permit by misrepresentation or failure to disclose fully all relevant facts; or 

iii. A change in any condition that requires either a temporary or permanent reduction or 

elimination of the authorized discharge. 

Page 7 
Lower Colorado River Authority TPDES Permit No. WQ0001369000 

c. The permittee shall furnish to the Executive Director, upon request and within a reasonable 

time, any information to determine whether cause exists for amending, revoking, suspending, 

or terminating the permit. The permittee shall also furnish to the Executive Director, upon 

request, copies of records required to be kept by the permit. 

2. Compliance 

Acceptance of the permit by the person to whom it is issued constitutes acknowledgment and 

agreement that such person will comply with all the terms and conditions embodied in the 

permit, and the rules and other orders of the Commission. 

The permittee has a duty to comply with all conditions of thepermit. Failure to comply with 

any permit condition constitutes a violation of the permit and the Texas Water Code or the 

Texas Health and Safety Code, and is grounds for enforcement action, for permit amendment, 

revocation, or suspension, or for denial of a permit renewal application or an application for a 

permit for another facility. 

It shall not be a defense for a permittee in an enforcement action that it would have been 

necessary to halt or reduce the permitted activity in order to maintain compliance with the 

conditions of the permit. 

d. The permittee shall take all reasonable steps to minimize or prevent any discharge or sludge 

use or disposal or other permit violation that has a reasonable likelihood of adversely affecting 

human health or the environment. 

e. Authorization from the Commission is required before beginning any change in the permitted 

facility or activity that may result in noncompliance with any permit requirements. 

f. A permit may be amended, suspended and reissued, or revoked for cause in accordance with 

3o TAC §§305.62 and 305.66 and TWC §7.302. The filing of a request by the permittee for a 

permit amendment, suspension and reissuance, or termination, or a notification of planned 

changes or anticipated noncompliance, does not stay any permit condition. 

There shall be no unauthorized discharge of wastewater or any other waste. For the purpose of 

this permit, an unauthorized discharge is considered to be any discharge of wastewater into or 

adjacent to water in the state at any location not permitted as an outfall or otherwise defined 

in the Other Requirements section of this permit. 

h. In accordance with 3° TAC §305.535(a), the permittee may allow any bypass to occur from a 

TPDES permitted facility that does not cause permitted effluent limitations to be exceeded or 

an unauthorized discharge to occur, but only if the bypass is also for essential maintenance to 

assure efficient operation. 

i. The permittee is subject to administrative, civil, and criminal penalties, as applicable, under 

Texas Water Code §§7.051- 7.075 (relating to Administrative Penalties), 7.101 - 7.111 (relating 

to Civil Penalties), and 7.141 - 7.202 (relating to Criminal Offenses and Penalties) for violations 

including, but not limited to, negligently or knowingly violating the federal CWA §§3o1, 302, 

306, 307, 308, 318, or 405, or any condition or limitation implementing any sections in a 

permit issued under the CWA §402, or any rec uirement imposed in a pretreatment program 

approved under the CWA §§402(a)(3) or 4026)(8). 

3. Inspections and Entry 

Inspection and entry shall be allowed as prescribed in the TWC Chapters 26, 27, and 28, and 

THSC Chapter 361. 

The members of the Commission and employees and agents of the Commission are entitled to 

enter any public or private property at any reasonable time for the purpose of inspecting and 

investigating conditions relating to the quality of water in the state or the compliance with any 

rule, regulation, permit, or other order of the Commission. Members, employees, or agents of 

the Commission and Commission contractors are entitled to enter public or private property 

at any reasonable time to investigate or monitor or, if the responsible party is not responsive 

a. 

b. 

c. 

g. 

a. 

b. 

Page 8 
Lower Colorado River Authority TPDES Permit No. WQ0001369oo0 

or there is an immediate danger to public health or the environment, to remove or remediate a 

condition related to the quality of water in the state. Members, employees, Commission 

contractors, or agents acting under this authority who enter private property shall observe the 

establishment's rules and regulations concerning safety, internal security, and fire protection, 

and if the property has management in residence, shal_ notify management or the person then 

in charge of his presence and shall exhibit proper credentials. If any member, employee, 

Commission contractor, or agent is refused the right to enter in or on public or private 

property under this authority, the Executive Director may invoke the remedies authorized in 

TWC §7.002. The statement above, that Commission entry shall occur in accordance with an 

establishment's rules and regulations concerning safety, internal security, and fire protection, 

is not grounds for denial or restriction of entry to any part of the facility, but merely describes 

the Commission's duty to observe appropriate rules and regulations during an inspection. 

4. Permit Amendment or Renewal 

a. The permittee shall give notice to the Executive Director as soon as possible of any planned 

physical alterations or additions to the permitted facility if such alterations or adcitions would 

require a permit amendment or result in a violation of permit requirements. Notice shall also 

be required under this paragraph when: 

i. The alteration or addition to a permitted facility may meet one of the criteria for 

determining whether a facility is a new source in accordance with 3o TAC §305.534 

(relating to New Sources and New Dischargers); or 

ii. The alteration or addition could significantly change the nature or increase the quantity of 

pollutants discharged. This notification applies to pollutants that are subject neither to 

effluent limitations in the permit, nor to notification requirements in Monitoring and 

Reporting Requirements No. 9; 

iii. The alteration or addition results in a significant change in the permittee's sludge use or 

disposal practices, and such alteration, addition, or change may justify the application of 

permit conditions that are different from or absent in the existing permit, including 

notification of additional use or disposal sites not reported during the permit application 

process or not reported pursuant to an approved land application plan. 

b. Prior to any facility modifications, additions, or expansions that will increase the plant 

capacity beyond the permitted flow, the permittee must apply for and obtain proper 

authorization from the Commission before commencing construction. 

c. The permittee must apply for an amendment or renewal at least i8o days prior to expiration of 

the existing permit in order to continue a permitted activity after the expiration date of the 

permit. If an application is submitted prior to the expiration date of the permit, the existing 

permit shall remain in effect until the application is approved, denied, or returned. If the 

application is returned or denied, authorization to continue such activity shall terminate upon 

the effective date of the action. If an application is not submitted prior to the expiration date of 

the permit, the permit shall expire and authorization to continue such activity shall terminate. 

d. Prior to accepting or generating wastes that are not described in the permit application or that 

would result in a significant change in the quantity or quality of the existing discharge, the 

permittee must report the proposed changes to the Commission. The permittee must apply for 

a permit amendment reflecting any necessary changes in permit conditions, including effluent 

limitations for pollutants not identified and limited by this permit. 

e. In accordance with the TWC §26.029(b), after a public hearing, notice of which shall be given 

to the permittee, the Commission may require the permittee, :rom time to time, for good 

cause, in accordance with applicable laws, to conform to new or additional conditions. 

f. If any toxic effluent standard or prohibition (including any schedule of compliance specified in 

such effluent standard or prohibition) is promulgated. under CWA §307(a) for a toxic pollutant 

that is present in the discharge and that standard or prohibition is more stringent than any 

limitation on the pollutant in this permit, this permit shall be modified or revoked and 

reissued to conform to the toxic effluent standard or prohibition. The permittee shall comply 

Page 9 
Lower Colorado River Authority TPDES Permit No. WQ0001369000 

with effluent standards or prohibitions established under CWA §3o7(a)for toxic pollutants 

within the time provided in the regulations that established those standards or prohibitions, 

even if the permit has not yet been modified to incorporate the requirement. 

5• Permit Transfer 

a. Prior to any transfer of this permit, Commission approval must be obtained. The Commission 

shall be notified in writing of any change in control or ownership of facilities authorized by 

this permit. Such notification should be sent to the Applications Review and Processing Team 

(MC 148) of the Water Quality Division. 

b. A permit may be transferred only according to the provisions of 3o TAC §305.64 (relating to 

Transfer of Permits) and 3o TAC §50.133 (relating to Executive Director Action on Application 

or WQMP update). 

6. Relationship to Hazardous Waste Activities 

This permit does not authorize any activity of hazardous waste storage, processing, or disposal 

that requires a permit or other authorization pursuant to the Texas Health and Safety Code. 

7. Relationship to Water Rights 

Disposal of treated effluent by any means other than discharge directly to water in the state must 

be specifically authorized in this permit and may require a permit pursuant to Texas Water Code 

Chapter 11. 

8. Property Rights 

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

9. Permit Enforceability 

The conditions of this permit are severable, and if any provision of this permit, or the application 

of any provision of this permit to any circumstances, is held invalid, the application of such 

provision to other circumstances, and the remainder of this permit, shall not be affected thereby. 

to. Relationship to Permit Application 

The application pursuant to which the permit has been issued is incorporated herein; provided, 

however, that in the event of a conflict between the provisions of this permit and the application, 

the provisions of the permit shall control. 

11. Notice of Bankruptcy. 

a. Each permittee shall notify the executive director, in writing, immediately following the filing 

of a voluntary or involuntary petition for bankruptcy under any chapter of Title 11 

(Bankruptcy) of the United States Code (a USC) by or against: 

i. the permittee; 

ii. an entity (as that term is defined in 11 USC, §101(15)) controlling the permittee or listing 

the permit or permittee as property of the estate; or 

iii. an affiliate (as that term is defined in 11 USC, §101(2)) of the permittee. 

b. This notification must indicate: 

i. the name of the permittee; 

ii. the permit number(s); 

iii. the bankruptcy court in which the petition for bankruptcy was filed; and 

iv. the date of filing of the petition. 

Page 10 
Lower Colorado River Authority TPDES Permit No. W(20°01369000 

OPERATIONAL REQUIREMENTS 

1. The permittee shall at all times ensure that the facility and all of its systems of collection, 

treatment, and disposal are properly operated and maintained. This includes, but is not limited to, 

the regular, periodic examination of wastewater solids within the treatment plant by the operator 

in order to maintain an appropriate quantity and quality of solids inventory as described in the 

various operator training manuals and according to accepted industry standards for process 

control. Process control, maintenance, and operations records shall be retained at the facility site, 

or shall be readily available for review by a TCEQ representative, for a period of three years. 

2. Upon request by the Executive Director, the permittee shall take appropriate samples and provide 

proper analysis in order to demonstrate compliance with Commission rules. Unless otherwise 

specified in this permit or otherwise ordered by the Commission, the permittee shall comply with 

all applicable provisions of 3o TAC Chapter 312 concerning sewage sludge use and disposal and 30 

TAC §§319.21 319.29 concerning the discharge of certain hazardous metals. 

3. Domestic wastewater treatment facilities shall comply with the following provisions: 

a. The permittee shall notify the Municipal Permits Team, Wastewater Permitting Section (MC 

148) of the Water Quality Division, in writing, of any facility expansion at least 90 days prior to 

conducting such activity. 

b. The permittee shall submit a closure plan for review and approval to the Municipal Permits 

Team, Wastewater Permitting Section (MC 148) of the Water Quality Division, for any closure 

activity at least 90 days prior to conducting such activity. Closure is the act of permanently 

taking a waste management unit or treatment facility out of service and includes the 

permanent removal from service of any pit, tank, pond, lagoon, surface impoundment and/or 

other treatment unit regulated by this permit. 

4. The permittee is responsible for installing prior to plant start-up, and subsequently maintaining, 

adequate safeguards to prevent the discharge of untreated or inadequately treated wastes during 

electrical power failures by means of alternate power sources, standby generators, and/or 

retention of inadequately treated wastewater. 

5. Unless otherwise specified, the permittee shall provide a readily accessible sampling point and, 

where applicable, an effluent flow measuring device or other acceptable means by which effluent 

flow may be determined. 

6. The permittee shall remit an annual water quality fee to the Commission as required by 3o TAC 

Chapter 21. Failure to pay the fee may result in revocation of this permit under TWC §7.3o2(b)(6). 

7. Documentation 

For all written notifications to the Commission required of the permittee by this permit, the 

permittee shall keep and make available a copy of each such notification under the same 

conditions as self-monitoring data are required to be kept and made available. Except for 

information required for TPDES permit applications, efluent data, including effluent data in 

permits, draft permits and permit applications, and other information specified as not 

confidential in 3o TAC §1.5(d), any information submitted pursuant to this permit may be claimed 

as confidential by the submitter. Any such claim must be asserted in the manner prescribed in the 

application form or by stamping the words "confidential business information" on each page 

containing such information. If no claim is made at the time of submission, information may be 

made available to the public without further notice. If the Commission or Executive Director 

agrees with the designation of confidentiality, the TCEQ will not provide the information for 

public inspection unless required by the Texas Attorney General or a court pursuant to an open 

records request. If the Executive Director does not agree with the designation of confidentiality, 

the person submitting the information will be notified. 

Page 11 
Lower Colorado River Authority TPDES Permit No. WQ00013690 00 

8. Facilities that generate domestic wastewater shall comply with the following provisions; domestic 

wastewater treatment facilities at permitted industrial sites are excluded. 

a. Whenever flow measurements for any domestic sewage treatment facility reach 75% of the 

permitted daily average or annual average flow for three consecutive months, the permittee 

must initiate engineering and financial planning for expansion and/or upgrading of the 

domestic wastewater treatment and/or collection facilities. Whenever the flow reaches 90% of 

the permitted daily average or annual average flow for three consecutive months, the 

permittee shall obtain necessary authorization from the Commission to commence 

construction of the necessary additional treatment and/or collection facilities. In the case of a 

domestic wastewater treatment facility that reaches 75% of the permitted daily average or 

annual average flow for three consecutive months, and the planned population to be served or 

the quantity of waste produced is not expected to exceed the design limitations of the 

treatment facility, the permittee shall submit an engineering report supporting this claim to 

the Executive Director of the Commission. 

If in the judgment of the Executive Director the population to be served will not cause permit 

noncompliance, then the requirement of this section may be waived. To be effective, any 

waiver must be in writing and signed by the Director of the Enforcement Division (MC 149) of 

the Commission, and such waiver of these requirements will be reviewed upon expiration of 

the existing permit; however, any such waiver shall not be interpreted as condoning or 

excusing any violation of any permit parameter. 

b. The plans and specifications for domestic sewage collection and treatment works associated 

with any domestic permit must be approved by the Commission, and failure to secure 

approval before commencing construction of such works or making a discharge is a violation 

of this permit and each day is an additional violation until approval has been secured. 

c. Permits for domestic wastewater treatment plants are granted subject to the policy of the 

Commission to encourage the development of area-wide waste collection, treatment, and 

disposal systems. The Commission reserves the right to amend any domestic wastewater 

permit in accordance with applicable procedural requirements to require the system covered 

by this permit to be integrated into an area-wide system, should such be developed; to require 

the delivery of the wastes authorized to be collected in, treated by or discharged from said 

system, to such area-wide system; or to amend this permit in any other particular to effectuate 

the Commission's policy. Such amendments may be made when the changes required are 

advisable for water quality control purposes and are feasible on the basis of waste treatment 

technology, engineering, financial, and related considerations existing at the time the changes 

are required, exclusive of the loss of investment in or revenues from any then existing or 

proposed waste collection, treatment or disposal system. 

9. Domestic wastewater treatment plants shall be operated and maintained by sewage plant 

operators holding a valid certificate of competency at the required level as defined in 3o TAC 

Chapter 30. 

10. For Publicly Owned Treatment Works (POTWs), the 3o-day average (or monthly average) percent 

removal for BOD and TSS shall not be less than 85%, unless otherwise authorized by this permit. 

11. Facilities that generate industrial solid waste as defined in 3o TAC §335.1 shall comply with these 

provisions: 

a. Any solid waste, as defined in 3o TAC §335.1 (including but not limited to such wastes as 

garbage, refuse, sludge from a waste treatment, water supply treatment plant or air pollution 

control facility, discarded materials, discarded materials to be recycled, whether the waste is 

solid, liquid, or semisolid), generated by the permittee during the management and treatment 

of wastewater, must be managed in accordance with all applicable provisions of 30 TAC 

Chapter 335, relating to Industrial Solid Waste Management. 

b. Industrial wastewater that is being collected, accumulated, stored, or processed before 

discharge through any final discharge outfall, specified by this permit, is considered to be 

industrial solid waste until the wastewater passes through the actual point source discharge 

and must be managed in accordance with all applicable provisions of 30 TAC Chapter 335. 

Page 12 
Lower Colorado River Authority TPDES Permit No. WQoo0l369000 

c. The permittee shall provide written notification, pursuant to the requirements of 30 TAC 

§335.8(b)(1), to the Corrective Action Section (MC 127) of the Remediation Division informing 

the Commission of any closure activity involving an Industrial Solid Waste Management Unit, 

at least 90 days prior to conducting such an activity. 

d. Construction of any industrial solid waste management unit requires the prior written 

notification of the proposed activity to the Registration and Reporting Section (MC 129) of the 

Permitting and Remediation Support Division. No person shall dispose of industrial solid 

waste, including sludge or other solids from wastewater treatment processes, prior to fulfilling 

the deed recordation requirements of 3o TAC §335.5. 

e. The term "industrial solid waste management unit" means a landfill, surface impoundment, 

waste-pile, industrial furnace, incinerator, cement kiln, injection well, container, drum, salt 

dome waste containment cavern, or any other structure vessel, appurtenance, or other 

improvement on land used to manage industrial solid waste. 

1. The permittee shall keep management records for all sludge (or other waste) removed from 

any wastewater treatment process. These records shall fulfill all applicable requirements of 3o 

TAC Chapter 335 and must include the following, as it pertains to wastewater treatment and 

discharge: 

i. Volume of waste and date(s) generated from treatment process; 

ii. Volume of waste disposed of on-site or shipped off-site; 

iii. Date(s) of disposal; 

iv. Identity of hauler or transporter; 

v. Location of disposal site; and 

vi. Method of final disposal. 

The above records shall be maintained on a monthly basis. The records shall be retained at the 

facility site, or shall be readily available for review by authorized representatives of the TCEQ 

for at least five years. 

12. For industrial facilities to which the requirements of 3o TAC Chapter 335 do not apply, sludge and 

solid wastes, including tank cleaning and contaminated solids for disposal, shall be disposed of in 

accordance with THSC Code Chapter 361. 

TCEQ Revision 08/2008 

Page 13 
Lower Colorado River Authority TPDES Permit No. WQ1Doo1369000 

OTHER REQUIREMENTS 

1. Violations of daily maximum limitations for the following pollutants shall be reported orally or by 

facsimile to TCEQ Region ii, within 24 hours from the time the permittee becomes aware of the 

violation followed by a written report within five working days to TCEQ Region 11 and the 

Enforcement Division (MC 224): 

POLLUTANT MAL (mg/L) 

Copper, Total (0.to) 

Test methods utilized shall be sensitive enough to demonstrate compliance with the permit effluent 

limitations. Permit compliance/noncompliance determinations will be based on the effluent 

limitations contained in this permit with consideration given to the minimum analytical level (MAL) 

for the parameters specified above. 

When an analysis of an effluent sample for any of the parameters listed above indicates no detectable 

levels above the MAL and the test method detection level is as sensitive as the specified MAL, a value 

of zero (o) shall be used for that measurement when determining calculations and reporting 

requirements for the self-reporting form. This applies to determinations of daily maximum 

concentration, calculations of loading and daily averages, and other reportable results. 

When a reported value is zero (o) based on this MAL provision, the permittee shall submit the 

following statement with the self-reporting form either as a separate attachment to the form or as a 

statement in the comments section of the form. 

"The reported value(s) of zero (o) for (list parameter(s)1 on the self-reporting form 

for (monitoring period date range] is based on the following conditions: 1) the analytical 

method used had a method detection level as sensitive as the MAL specified in the permit, 

and 2) the analytical results contained no detectable levels above the specified MAL." 

When an analysis of an effluent sample for a parameter indicates no detectable levels and the test 

method detection level is not as sensitive as the MAL specified in the permit, or an MAL is not 

specified in the permit for that parameter, the level of detection achieved shall be used for that 

measurement when determining calculations and reporting requirements for the self-reporting 

form. A zero (o) may not be used. 

2. There shall be no discharge of polychlorinated biphenyl compounds such as those commonly used 

in transformer fluid. 

3. DEFINITIONS 

a. The flow weighted average temperature (FWAT) shall be computed and recorded on a daily 

basis. FWAT shall be computed at equal time intervals not greater than two hours. The 

method of calculating FWAT is as folows: 

FWAT = SUMMATION (INSTANTANEOUS FLOW x INSTANTANEOUS TEMPERATURE) 

SUMMATION (INSTANTANEOUS FLOW) 

The "daily average temperature" shall be the arithmetic average of all FWAT calculated 

during the calendar month. 

The "daily maximum temperature" shall be the highest FWAT calculated during the 

calendar month. 

Page 14 
Lower Colorado River Authority TPDES Permit No. WQ0001369000 

b. The term "total residual chlorine" (or total residual oxidants for intake water with bromides) 

means the value obtained using the amperometric method for total residual chlorine 

described in 4o CFR Part 136. 

Total residual chlorine may not be discharged from any single generating unit for more than 

two hours per day unless the facility demonstrates to the permitting authority that discharge 

for more than two hours is required for macroinvertebrate control. 

Simultaneous multi-unit chlorination is permitted. 

c. The term "metal cleaning waste" means any wastewater resulting from cleaning (with or 

without chemical compounds) any metal process equipment including, but not limited to, 

boiler tube cleaning. 

d. The term "low volume waste sources" means wastewaters from, but not limited to: wet 

scrubber air pollution control systems, ion exchange water treatment system, water 

treatment evaporator blowdown, boiler blowdown, laboratory and sampling streams, floor 

drainage, cooling tower basin cleaning wastes, and blowdown from recirculating house 

service water systems. Sanitary and air conditioning wastes are not included. 

e. The term "once through cooling water" means water passed through the main cooling 

condensers in one or two passes for the purpose of removing waste heat. 

f. The term "average concentration" as it relates to chlorine discharge means the average of 

analyses made over a single period of chlorine release which does not exceed two hours. 

4. Chronic toxic criteria apply at the edge of the mixing zone. The mixing zone for Outfall 001 is 

defined as a volume within a radius of too feet from the point of discharge. 

5. There shall be no discharge of domestic wastewater. Domestic wastewater shall be routed to the 

City of Horseshoe Bay wastewater treatment plant for treatment and disposal. 

6. Subsequent to this permit issuance date, all new process wastewater ponds shall be lined in 

compliance with one of the following requirements: 

a. Soil Liner: The soil liner shall contain at least 3 feet of clay-rich (liquid limit greater than or 

equal to 3o and plasticity index greater than or equal to 15) soil material along the sides and 

bottom of the pond compacted in lifts of no more than 9 inches, to 95% standard proctor 

density at the optimum moisture content to achieve a permeability equal to or less than 

x 10-7 cm/sec. 

b. Plastic/Rubber Liner: The liner shall be either a plastic or rubber membrane liner at least 30 

mils in thickness which completely covers the sides and the bottom of the pond and which is 

not subject to degradation due to reaction with wastewater with which it will come into 

contact. If this lining material is vulnerable to ozone or ultraviolet deterioration it should be 

covered with a protective layer of soil of at least 6 inches. A leak detection system is also 

required. 

c. Alternate Liner: The permittee shall submit plans for any other pond lining method. Pond 

liner plans must be approved in writing by the Executive Director of the TCEQ prior to pond 

construction. 

The permittee shall notify the TCEQ Region ii Office upon completion of construction of the pond 

and at least a week prior to its use. Certification of the lining specifications shall be provided by a 

Texas licensed professional engineer and shall be available for inspection by TCEQ personnel 

upon request. For new construction, the certification and the test results of soils forming the 

bottom and sides of the pond shall be submitted to the TCEQ, Wastewater Permitting Section 

Page 15 
Lower Colorado River Authority TPDES Permit No. WQ0001369000 

(MC-148) and Regional Office for review prior to discharging any wastewaters into the ponds. 

Permeability tests shall be made with material typical of the expected use. 

7. Dust Suppression and Irrigation 

The permittee is authorized to utilize effluent from the evaporation/disposal pond associated with 

Outfall 401 for on-site dust suppression and irrigation of trees at the Thomas C. Ferguson Power 

Plant. With respect to utilization of effluent for irrigation, the permittee shall comply with the 

following requirements. 

a. Irrigation practices shall be designed and managed so as to prevent runoff, ponding of 

effluent, or contamination of ground and surface waters and to prevent the occurrence of 

nuisance conditions in the area. 

b. Application of effluent for irrigation shall be accomplished only when the area specified is 

not in use. 

c. Spray fixtures for irrigation systems and shall be of such design that they cannot be operated 

by unauthorized personnel. 

d. The permittee shall keep records of volumes, times, and areas where effluent is used for 

irrigation. These records shall be updated daily and maintained onsite for review by 

Commission personnel for a minimum of three years. 

e. Adequate signs shall be erected stating that the irrigation water is from a non-potable water 

supply. Said signs shall consist of a red slash superimposed over the international symbol for 

drinking water accompanied by the message "Do not drink the water" in both English and 

Spanish. 

8. The permittee shall continue to operate and maintain the cooling water intake structure (CWIS) 

configuration consistent with the documents, titled Supplemental Information for 316(b) BTA 

Determination for T.C. Ferguson TCEQ Permit No. (TX# 0057576), submitted as part of the 

renewal application received on June 1, 2009, in which is included a description of how the facility 

meets Best Technology Available (BTA) for minimizing Adverse Environmental Impact (AEI). 

Specifically, the permittee shall adhere to the following conditions related to the operation, 

maintenance, and monitoring of the CVVIS 

a. Bar grates shall be cleaned as needed but no less frequently than every three years; 

b. Screen condition shall be visually checked daily; 

c. The screens must initiate a cleaning cycle whenever the water level differential (before and 

after the screens) exceeds eight inches; 

d. Screens shall be in proper operating condition whenever the circulating water pumps are 

withdrawing water. If a screen must be taken out of service for maintenance the differential 

across the screens must maintain compliance with item c above; 

e. Screens shall be rotated through a cleaning cycle a minimum of once per week; 

f. Water and impinged material resulting from the cleaning process shall enter a concrete 

trench from which water and material returns to the reservoir. If any material is removed it 

shall be properly disposed in accordance with TCEQ regulations; 

Page 16 
Lower Colorado River Authority TPDES Permit No. WQ000136900o 

g. Routine preventive maintenance shall be conducted to ensure proper operating condition 

of the screen(s) on an as needed basis, but at a minimum of once each three months; 

h. Sediment shall be cleaned from the bottom of the intake structure periodically, but no less 

frequently than every five years; and 

i. Records documenting the operation and maintenance described above shall be kept on site 

for a minimum of three years, and made available to TCEQ personnel upon request. 

In addition, the permittee submitted the Proposal for Information Collection for Thomas C. 

Ferguson Power Plant, Lyndon B. Johnson Reservoir, Texas, in August 2005 for review to the 

Water Quality Standards Team (MC 150) of the Water Quality Assessment Section of the Water 

Quality Division. 

If it is later determined that the current CWIS configuration is not representative of BTA for 

minimizing AEI, the permit may be reopened to incorporate additional requirements. 

9. An industrial cooling impoundment for Outfall 001 is defined in this permit within Lake Lyndon 

B. Johnson as the area of 284 acres contained within the cove delineated on the north by 

Lighthouse Road on the constructed berm, as illustrated in Attachment A. Numeric temperature 

criteria in 3o TAC 307.4(f) and 30 TAC 307.10 (Appendix A) do not apply within the industrial 

cooling impoundment. 

Page 17 
ATK I NS 

550413ridga Point Pkwy, Ste 200 

Austin, Texas 78730 

Legend Phone: (512) 327-6640 Fax; (512)327-2453 

Line from discharge to shoreline 

i-lalf-way point 

Indoirial Cooling Impoundment 

Figure 1 

Lake LBJ Industrial 

Cooling Impoundment 

File: GISTigure_updated mxd 
Lower Colorado River Authority TPDES Permit No. WQ0001369000 

CHRONIC BIOMONITORING REQUIREMENTS: FRESHWATER 

The provisions of this Section apply to Outfall o01 for whole effluent toxicity testing (biomonitoring). 

1. Scope, Frequency and Methodology 

a. The permittee shall test the effluent for toxicity in accordance with the provisions 

below. Such testing will determine if an appropriately dilute effluent sample adversely 

affects the survival, reproduction, or growth of the test organisms. 

b. The permittee shall conduct the following toxicity tests utilizing the test organisms, 

procedures and quality assurance requirements specified in this Part of the permit and 

in accordance with "Short-Term Methods for Estimating the Chronic Toxicity of 

Effluents and Receiving Waters to Freshwater Organisms, Fourth Edition" (EPA-821-

R-o2-o13), or the most recent update: 

I) Chronic static renewal survival and reproduction test using the water flea 

(Ceriodaphnia dubia) (Method loo2.0 or the most recent update). This test 

should be terminated when 6o% of the surviving adults in the control produce 

three broods or at the end of eight days, whichever comes first. This test shall be 

conducted once per quarter. 

2) Chronic static renewal 7-day larval survival and growth test using the fathead 

minnow (Pimephales promelas) (Method 1000.0 or the most recent update). A 

minimum of five replicates with eight organisms per replicate shall be used in the 

control and in each dilution. This test shall be conducted once per quarter. 

The permittee must perform and report a valid test for each test species during the 

prescribed reporting period. An invalid test must be repeated during the same 

reporting period. An invalid test is herein defined as any test failing to satisfy the test 

acceptability criteria, procedures, and quality assurance requirements specified in the 

test methods and permit. All test results, valid or invalid, must be submitted as 

described below. 

c. The permittee shall use five effluent dilution concentrations and a control in each 

toxicity test. These additional effluent concentrations are 32%, 42%, 56%, 75%, and 

wo% effluent. The critical dilution, defined as l00% effluent, is the effluent 

concentration representative of the proportion of effluent in the receiving water during 

critical low flow or critical mixing conditions. 

d. This permit may be amended to require a Whole Effluent Toxicity (WET) limit, 

Chemical-Specific (CS) effluent limits, a Best Management Practice (BMP), additional 

toxicity testing, and/or other appropriate actions to address toxicity. The permittee 

may be required to conduct additional biomonitoring tests and/or a Toxicity Reduction 

Evaluation (TRE) if biomonitoring data indicate multiple numbers of unconfirmed 

toxicity events. 

e. Testing Frequency Reduction 

If none of the first four consecutive quarterly tests demonstrates significant 

lethal or sub-lethal effects, the permittee may submit this information in 

writing and, upon approval, reduce the testing frequency to once per six months 

Page 19 
Lower Colorado River Authority TPDES Permit No. WQoo01369000 

for the invertebrate test species and once per year for the vertebrate test 

species. 

2) If one or more of the first four consecutive quarterly tests demonstrates 

significant sub-lethal effects, the permittee shall continue quarterly testing for 

that species until four consecutive quarterly tests demonstrate no significant 

sub-lethal effects. At that time, the permittee may apply for the appropriate 

testing frequency reduction for that species. 

3) If one or more of the first four consecutive quarterly tests demonstrates 

significant lethal effects, the permittee shall continue quarterly testing for that 

species until the permit is reissued. If a testing frequency reduction had been 

previously granted and a subsequent test demonstrates significant lethal effects, 

the permittee will resume a quarterly testing frequency for that species until the 

permit is reissued. 

2. Required Toxicity Testing Conditions 

a. Test Acceptance - The permittee shall repeat any toxicity test, including the control and 

all effluent dilutions, which fail to meet the following criteria: 

a control mean survival of So% or greater; 

2) a control mean number of water flea neonates per surviving adult of 15 or 

greater; 

3) a control mean dry weight of surviving fathead minnow larvae of 0.25 mg or 

greater; 

4) a control Coefficient of Variation percent (CV%) of 40 or less between replicates 

for the young of surviving females in the water flea reproduction and survival 

test; and the growth and survival endpoints in the fathead minnow growth and 

survival test. 

5) a critical dilution CV% of 40 or less for young of surviving females in the water 

flea reproduction and survival test; and the growth and survival endpoints for 

the fathead minnow growth and survival test. However, if statistically 

significant lethal or nonlethal effects are exhibited at the critical dilution, a CV% 

greater than 4o shall not invalidate the test. 

6) a Percent Minimum Significant Difference of 47 or less for water flea 

reproduction; 

7) a Percent Minimum Significant Difference of 3o or less for fathead minnow 

growth. 

b. Statistical Interpretation 

For the water flea survival test, the statistical analyses used to determine if 

there is a significant difference between the control and an effluent dilution 

shall be Fisher's Exact Test as described in the "Short-Term Methods for 

Estimating the Chronic Toxicity of Effluents and Receiving Waters to 

Page 20 
Lower Colorado River Authority TPDES Permit No. WQ0001369000 

Freshwater Organisms, Fourth Edition" (EPA-821-R-02-o13), or the most 

recent update thereof. 

2) For the water flea reproduction test and the fathead minnow larval survival and 

growth tests, the statistical analyses used to determine if there is a significant 

difference between the control and an effluent dilution shall be in accordance 

with the methods described in the "Short-Term Methods for Estimating the 

Chronic Toxicity of Effluents and Receiving Waters to Freshwater Organisms, 

Fourth Edition" (EPA-821-R-o2-013), or the most recent update thereof. 

3) The permittee is responsible for reviewing test concentration-response 

relationships to ensure that calculated test-results are interpreted and reported 

correctly. The EPA manual, AMethod Guidance and Recommendation for 

Whole Effluent Toxicity (WET) Testing (40 CFR Part 136) (EPA 821-B-oo-004) 

provides guidance on determining the validity of test results. 

4) If significant lethality is demonstrated (that is, there is a statistically significant 

difference in survival at the critical dilution when compared to the control), the 

conditions of test acceptability are met, and the survival of the test organisms 

are equal to or greater than 80% in the critical dilution and all dilutions below 

that, then the permittee shall report a survival No Observed Effect 

Concentration (NOEC) of not less than the critical dilution for the reporting 

requirements. 

5) The NOEC is defined as the greatest effluent dilution at which no significant 

effect is demonstrated. The Lowest Observed Effect Concentration (LOEC) is 

defined as the lowest effluent dilution at which a significant effect is 

demonstrated. A significant effect is herein defined as a statistically significant 

difference at the 95% confidence level between the survival, reproduction, or 

growth of the test organism(s) in a specified effluent dilution compared to the 

survival, reproduction, or growth of the test organism(s) in the control (o% 

effluent). 

6) The use of NOECs and LOECs assumes either a monotonic (continuous) 

concentration-response relationship or a threshold model of the concentrationresponse relationship. For any test result that demonstrates a non-monotonic 

(non-continuous) response, the NOEC should be determined based on the 

guidance manual referenced in Item 3 above. 

7) Pursuant to the responsibility assigned to the permittee in Part 2.b.3, test 

results that demonstrate a non-monotonic (non-continuous) concentrationresponse relationship may be submitted, prior to the due date, for technical 

review. The above-referenced guidance manual will be used when making a 

determination of test acceptability. 

8) Staff will review test results for consistency with rules, procedures, and permit 

requirements. 

c. Dilution Water 

Dilution water used in the toxicity tests shall be the receiving water collected as 

close to the point of discharge as possible but unaffected by the discharge. 

Page 21 
Lower Colorado River Authority TPDES Permit No. WQ0001369000 

2) Where the receiving water proves unsatisfactory as a result of pre-existing 

instream toxicity (i.e. fails to fulfill the test acceptance criteria of item 2.a.), the 

permittee may substitute synthetic dilution water for the receiving water in all 

subsequent tests provided the unacceptable receiving water test met the following stipulations: 

a) a synthetic lab water control was performed (in addition to the receiving 

water control) which fulfilled the test acceptance requirements of item 

2.a; 

b) the test indicating receiving water toxicity was carried out to completion 

(i.e., 7 days); 

c) the permittee submitted all test results indicating receiving water 

toxicity with the reports and information required in Part 3 of this 

Section. 

The synthetic dilution water shall have a pH, hardness, and alkalinity similar to that of 

the receiving water or a natural water in the drainage basin that is unaffected by the 

discharge, provided the magnitude of these parameters will not cause toxicity in a 

synthetic dilution water control that has been formulated to match the pH, hardness, 

and alkalinity naturally found in the receiving water. Upon approval, the permittee 

may substitute other appropriate dilution water with chemical and physical 

characteristics similar to that of the receiving water. 

d. Samples and Composites 

The permittee shall collect a minimum of three flow-weighted 24-hour 

composite samples from Outfall 001. The second and third 24-hour composite 

samples will be used for the renewal of the dilution concentrations for each 

toxicity test. A 24-hour composite sample consists of a minimum of 12 effluent 

portions collected at equal time intervals representative of a 24-hour operating 

day and combined proportionally to flow, or a sample continuously collected 

proportionally to flow over a 24-hour operating day. 

2) The permittee shall collect the 24-hour composite samples such that the 

samples are representative of any periodic episode of chlorination, biocide 

usage, or other potentially toxic substance discharged on an intermittent basis. 

3) The permittee shall initiate the toxicity tests within 36 hours after collection of 

the last portion of the first 24-hour composite sample. The holding time for 

any subsequent 24-hour composite sample shall not exceed 72 hours. Samples 

shall be maintained at a temperature of o-6 degrees Centigrade during 

collection, shipping, and storage. 

4) If Outfall 001 ceases discharging during the collection of effluent samples, the 

requirements for the minimum number of effluent samples, the minimum 

numbers of effluent portions, and the sample holding time, are waived during 

that sampling period. However, the permittee must have'collected an effluent 

composite sample volume sufficient to complete the required toxicity tests with 

renewal of the effluent. When possible, the effluent samples used for the 

Page 22 
Lower Colorado River Authority TPDES Permit No. WQ0001369o0o 

toxicity tests shall be collected on separate days if the discharge occurs over 

multiple days. The effluent composite sample collection duration and the static 

renewal protocol associated with the abbreviated sample collection must be 

documented in the full report. 

3. Reporting 

All reports, tables, plans, summaries, and related correspondence required in any Part of this 

Section shall be submitted to the attention of the Standards Implementation Team (MC 150) 

of the Water Quality Division. All DMRs, including DMRs with biomonitoring data, should be 

sent to the Enforcement Division (MC 224). 

a. The permittee shall prepare a full report of the results of all tests conducted pursuant 

to this permit in accordance with the Report Preparation Section of "Short-Term 

Methods for Estimating the Chronic Toxicity of Effluents and Receiving Waters to 

Freshwater Organisms, Fourth Edition" (EPA-821-R-02-1313), or the most recent 

update, for every valid and invalid toxicity test initiated whether carried to completion 

or not. All full reports shall be retained for 3 years at the plant site and shall be 

available for inspection by TCEQ personnel. 

b. A full report must be submitted with the first valid biomonitoring test results for each 

test species and with the first test results any time the permittee subsequently employs 

a different test laboratory. Full reports need not be submitted for subsequent testing 

unless specifically requested. The permittee shall routinely report the results of each 

biomonitoring test on the Table 1 forms provided with this permit. All Table 1 reports 

must include the information specified in the Table 1 form attached to this permit. 

Annual biomonitoring test results are due on or before January loth for 

biomonitoring conducted during the previous 12 month period. 

2) Semiannual biomonitoring test results are due on or before July loth and 

January 20th for biomonitoring conducted during the previous 6 month period. 

3) Quarterly biomonitoring test results are due on or before April 20th, July loth, 

October loth, and January loth, for biomonitoring conducted during the 

previous calendar quarter. 

4) Monthly biomonitoring test results are due on or before the loth day of the 

month following sampling. 

c. Enter the following codes on the DMR for the appropriate parameters for valid tests 

only: 

1) For the water flea, Parameter TLP3B, enter a "1" if the NOEC for survival is less 

than the critical dilution; otherwise, enter a "o." 

2) For the water flea, Parameter TOP3B, report the NOEC for survival. 

3) For the water flea, Parameter TXP3B, report the LOEC for survival. 

4) For the water flea, Parameter TWP3B, enter a "i" if the NOEC for reproduction 

is less than the critical dilution; otherwise, enter a "o." 

Page 23 
Lower Colorado River Authority TPDES Permit No. WQ0oo1369000 

5) For the water flea, Parameter TPP3B, report the NOEC for reproduction. 

6) For the water flea, Parameter TYP3B, report the LOEC for reproduction. 

7) For the fathead minnow, Parameter TLP6C, enter a "1" if the NOEC for survival 

is less than the critical dilution; otherwise, enter a "0." 

8) For the fathead minnow, Parameter TOP6C, report the NOEC for survival. 

9) For the fathead minnow, Parameter TXP6C, report the LOEC for survival. 

lo) For the fathead minnow, Parameter TWP6C, enter a "1" if the NOEC for growth 

is less than the critical dilution; otherwise, enter a "0." 

11) For the fathead minnow, Parameter TPP6C, report the NOEC for growth. 

12) For the fathead minnow, Parameter TYP6C, report the LOEC for growth 

d. Enter the following codes on the DMR for retests only: 

t) For retest number 1, Parameter 22415, enter a "1" if the NOEC for survival is 

less than the critical dilution; otherwise, enter a "o." 

2) For retest number 2, Parameter 22416, enter a "1" if the NOEC for survival is 

less than the critical dilution; otherwise, enter a "o." 

4. Persistent Toxicity 

The requirements of this Part apply only when a test demonstrates a significant effect at the 

critical dilution. A significant effect is defined as a statistically significant difference, at the 

95% confidence level, between a specified endpoint (survival, growth, or reproduction) of the 

test organism in a specified effluent dilution when compared to the specified endpoint of the 

test organism in the control. Significant lethality is defined as a statistically significant 

difference in survival at the critical dilution when compared to the survival of the test 

organism in the control. Significant sublethality is defined as a statistically significant 

difference in growth/reproduction at the critical dilution when compared to the 

growth/reproduction of the test organism in the control. 

a. The permittee shall conduct a total of 2 additional tests (retests) for any species that 

demonstrates a significant effect (lethal or sublethal) at the critical dilution. The two 

retests shall be conducted monthly during the next two consecutive months. The 

permittee shall not substitute either of the two retests in lieu of routine toxicity testing. 

All reports shall be submitted within 20 days of test completion. Test completion is 

defined as the last day of the test. The retests shall also be reported on the DMRs as 

specified in Part 3.d. 

b. If the retests are performed due to a demonstration of significant lethality, and one or 

both of the two retests specified in item 4.a. demonstrates significant lethality, the 

permittee shall initiate the TRE requirements as specified in Part 5. The provisions of 

item 4.a. are suspended upon completion of the two retests and submittal of the TRE 

Action. Plan and Schedule defined in Part 5. 

Page 24 
Lower Colorado River Authority TPDES Permit No. WQ000136g000 

If neither test demonstrates significant lethality and the permittee is testing under the 

reduced testing frequency provision of Part i.e., the permittee shall return to a 

quarterly testing frequency for that species. 

c. If the two retests are performed due to a demonstration of significant sublethality, and 

one or both of the two retests specified in item 4.a. demonstrates significant lethality, 

the permittee shall again perform two retests as stipulated in item 4.a. 

d. If the two retests are performed due to a demonstration of significant sublethality, and 

neither test demonstrates significant lethality, the permittee shall continue testing at 

the quarterly frequency until such time that the permittee can invoke the reduced 

testing frequency provision specified in Part i.e. 

e. Regardless of whether retesting for lethal or sublethal effects, or a combination of the 

two, no more than one retest per month is required for a species. 

5. Toxicity Reduction Evaluation 

a. Within 45 days of the retest that demonstrates significant lethality, the permittee shall 

submit a General Outline for initiating a Toxicity Reduction Evaluation (TRE). The 

outline shall include, but not be limited to, a description of project personnel, a 

schedule for obtaining consultants (if needed), a discussion of influent and/or effluent 

data available for review, a sampling and analytical schedule, and a proposed TRE 

initiation date. 

b. Within go days of the retest that demonstrates significant lethality, the permittee shall 

submit a TRE Action Plan and Schedule for conducting a TRE. The plan shall specify 

the approach and methodology to be used in performing the TRE. A TRE is a step-wise 

investigation combining toxicity testing with physical and chemical analysis to 

determine actions necessary to eliminate or reduce effluent toxicity to a level not 

effecting significant lethality at the critical dilution. The TRE Action Plan shall lead to 

the successful elimination of significant lethality for both test species defined in item 

1.b. As a minimum, the TRE Action Plan shall include the following: 

1) Specific Activities - The TRE Action Plan shall specify the approach the 

permittee intends to utilize in conducting the TRE, including toxicity 

characterizations, identifications, confirmations, source evaluations, 

treatability studies, and/or alternative approaches. When conducting 

characterization analyses, the permittee shall perform multiple 

characterizations and follow the procedures specified in the document entitled, 

"Toxicity Identification Evaluation: Characterization of Chronically Toxic 

Effluents, Phase I" (EPA/600/6-91/oo5F), or alternate procedures. The 

permittee shall perform multiple identifications and follow the methods 

specified in the documents entitled, "Methods for Aquatic Toxicity 

Identification Evaluations, Phase II Toxicity Identification Procedures for 

Samples Exhibiting Acute and Chronic Toxicity" (EPA/600/R-92/o8o) and 

"Methods for Aquatic Toxicity Identification Evaluations, Phase III Toxicity 

Confirmation Procedures for Samples Exhibiting Acute and Chronic Toxicity" 

(EPA/6o o/R-92/o81). All characterization, identification, and confirmation 

tests shall be conducted in an orderly and logical progression; 

Page 25 
Lower Colorado River Authority TPDES Permit No. WQ0001.369000 

2) Sampling Plan - The TRE Action Plan should describe sampling locations, 

methods, holding times, chain of custody, and preservation techniques. The 

effluent sample volume collected for all tests shall be adequate to perform the 

toxicity characterization/ identification/ confirmation procedures, and 

chemical-specific analyses when the toxicity tests show significant lethality. 

Where the permittee has identified or suspects specific pollutant(s) and/or 

source(s) of effluent toxicity, the permittee shall conduct, concurrent with 

toxicity testing, chemical-specific analyses for the identified and/or suspected 

pollutant(s) and/or source(s) of effluent toxicity; 

3) Quality Assurance Plan - The TRE Action Plan should address record keeping 

and data evaluation, calibration and standardization, baseline tests, system 

blanks, controls, duplicates, spikes, toxicity persistence in the samples, 

randomization, reference toxicant control charts, as well as mechanisms to 

detect artifactual toxicity; and 

4) Project Organization - The TRE Action Plan should describe the project staff, 

project manager, consulting engineering services (where applicable), consulting 

analytical and toxicological services, etc. 

c. Within 30 days of submittal of the TRE Action Plan and Schedule, the permittee shall 

implement the TRE with due diligence. 

d. The permittee shall submit quarterly TRE Activities Reports concerning the progress of 

the TRE. The quarterly reports are due on or before April 2 oth, July 2 oth, October 

loth, and January loth. The report shall detail information regarding the TRE activities including: 

i) results and interpretation of any chemical-specific analyses for the identified 

and/or suspected pollutant(s) performed during the quarter; 

2) results and interpretation of any characterization, identification, and 

confirmation tests performed during the quarter; 

any data and/or substantiating documentation which identifies the pollutant(s) 

and/or source(s) of effluent toxicity; 

4) results of any studies/evaluations concerning the treatability of the facility's 

effluent toxicity; 

5) any data which identifies effluent toxicity control mechanisms that will reduce 

effluent toxicity to the level necessary to meet no significant lethality at the 

critical dilution; and 

6) any changes to the initial TRE Plan and Schedule that are believed necessary as 

a result of the TRE findings. 

Copies of the TRE Activities Report shall also be submitted to the U.S. EPA Region 6 

office. 

Page 26 
Lower Colorado River Authority TPDES Permit No. WQmoi369000 

e. During the TRE, the permittee shall perform, at a minimum, quarterly testing using the 

more sensitive species; testing for the less sensitive species shall continue at the 

frequency specified in Part i.b. 

f. If the effluent ceases to effect significant lethality (herein as defined below) the 

permittee may end the TRE. A "cessation of lethality" is defined as no significant 

lethality for a period of 12 consecutive months with at least monthly testing. At the end 

of the 12 months, the permittee shall submit a statement of intent to cease the TRE and 

may then resume the testing frequency specified in Part i.b. The permittee may only 

apply the "cessation of lethality" provision once. 

This provision accommodates situations where operational errors and upsets, spills, or 

sampling errors triggered the TRE, in contrast to a situation where a single toxicant or 

group of toxicants cause lethality. This provision does not apply as a result of corrective 

actions taken by the permittee. "Corrective actions" are herein defined as proactive 

efforts which eliminate or reduce effluent toxicity. These include, but are not limited to, 

source reduction or elimination, improved housekeeping, changes in chemical usage, 

and modifications of influent streams and/or effluent treatment. 

The permittee may only apply this cessation of lethality provision once. If the effluent 

again demonstrates significant lethality to the same species, the permit will be 

amended to add a WET limit with a compliance period, if appropriate. However, prior 

to the effective date of the WET limit, the permittee may apply for a permit amendment 

removing and replacing the WET limit with an alternate toxicity control measure by 

identifying and confirming the toxicant and/or an appropriate control measure. 

g. The permittee shall complete the TRE and submit a Final Report on the TRE Activities 

no later than 28 months from the last test day of the retest that confirmed significant 

lethal effects at the critical dilution. The permittee may petition the Executive Director 

(in writing) for an extension of the 28-month limit. However, to warrant an extension 

the permittee must have demonstrated due diligence in their pursuit of the TIE/TRE 

and must prove that circumstances beyond their control stalled the TIE/TRE. The 

report shall provide information pertaining to the specific control mechanism(s) 

selected that will, when implemented, result in reduction of effluent toxicity to no 

significant lethality at the critical dilution. The report will also provide a specific 

corrective action schedule for implementing the selected control mechanism(s). A copy 

of the TRE Final Report shall also be submitted to the U.S. EPA Region 6 office. 

h. Based upon the results of the TRE and proposed corrective actions, this permit may be 

amended to modify the biomonitoring requirements, where necessary, to require a 

compliance schedule for implementation of corrective actions, to specify a WET limit, 

to specify a BMP, and/or to specify CS limits. 

Page 27 
Lower Colorado River Authority TPDES Permit No. WQ0001369000 

TABLE 1 (SHEET 1 OF 4) 

BIOMONITORING REPORTING 

CERIODAPHNIA DUBIA SURVIVAL AND REPRODUCTION 

Date Time Date Time 

Dates and Times No. 1 FROM: TO: 

Composites 

Collected No. 2 FROM: TO: 

No. 3 FROM: TO: 

Test initiated: am/pm date 

Dilution water used: Receiving Water Synthetic Dilution Water 

NUMBER OF YOUNG PRODUCED PER ADULT AT END OF TEST 

*Coefficient of Variation = standard deviation x loo/mean (calculation based on young of the 

surviving adults) Designate males (M), and dead females (D), along with number of neonates 

(x) released prior to death. 

Page 28 
eirtTnt oftluunt ) 

Lower Colorado River Authority TPDES Permit No. WQ0001369000 

TABLE 1 (SHEET 2 OF 4) 

CERIODAPHNIA DUBIA SURVIVAL AND REPRODUCTION TEST 

1. Dunnett's Procedure or Steers Many-One Rank Test or Wilcoxon Rank Sum Test (with 

Bonferroni adjustment) or t-test (with Bonferroni adjustment) as appropriate: 

Is the mean number of young produced per adult significantly less (p=o.o5) than the number 

of young per adult in the control for the % effluent corresponding to significant nonlethal 

effects? 

CRITICAL DILUTION (l00%): YES NO 

PERCENT SURVIVAL 

2. Fisher's Exact Test: 

Is the mean survival at test end significantly less (p=o.o5) than the control survival for the % 

effluent corresponding to lethality? 

CRITICAL DILUTION (l00%): YES NO 

3. Enter percent effluent corresponding to each NOEC/LOEC below: 

a.) NOEC survival = % effluent 

b.) LOEC survival = % effluent 

c.) NOEC reproduction = % effluent 

d.) LOEC reproduction = % effluent 

Page 29 
L+Lu t 

ConcentkatioD.(%) 

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Lower Colorado River Authority TPDES Permit No. WQ0oo1369000 

TABLE 1 (SHEET 3 OF 4) 

BIOMONITORING REPORTING 

FATHEAD MINNOW LARVAE GROWTH AND SURVIVAL 

Date Time Date Time 

Dates and Times No. 1 FROM: TO: 

Composites 

Collected No. 2 FROM: TO: 

No. 3 FROM: TO: 

Test initiated: am/pm date 

Dilution water used: Receiving Water Synthetic Dilution Water 

FATHEAD MINNOW GROWTH DATA 

* Coefficient of Variation = standard deviation x loo/mean 

1. Dunnett's Procedure or Steel's Many-One Rank Test or Wilcoxon Rank Sum Test (with 

Bonferroni adjustment) or t-test (with Bonferroni adjustment) as appropriate: 

Is the mean dry weight (growth) at 7 days significantly less (p=o.o5) than the control's dry 

weight (growth) for the % effluent corresponding to significant nonlethal effects? 

CRITICAL DILUTION (l00%): YES NO 

Page 3o 
4411 4811. day 

ereefit - 

?.atOkehiitribOrS::!: V9 

Lower Colorado River Authority TPDES Permit No. WQ0001369000 

TABLE 1 (SHEET 4 OF 4) 

BIOMONITORING REPORTING 

FATHEAD MINNOW GROWTH AND SURVIVAL TEST 

FATHEAD MINNOW SURVIVAL DATA 

* Coefficient of Variation = standard deviation x 100/mean 

2. Dunnett's Procedure or Steel's Many-One Rank Test or Wilcoxon Rank Sum Test (with 

Bonferroni adjustment) or t-test (with Bonferroni adjustment) as appropriate: 

Is the mean survival at 7 days significantly less (p.o.o5) than the control survival for 

the % effluent corresponding to lethality? 

CRITICAL DILUTION (i00%): YES NO 

3. Enter percent effluent corresponding to each NOEC/LOEC below: 

a.) NOEC survival = % effluent 

b.) LOEC survival = % effluent 

c.) NOEC growth = % effluent 

d.) LOEC growth = % effluent 

Page 31 
Lower Colorado River Authority TPDES Permit No. WQ0001369000 

24-HOUR ACUTE BIOMONITORING REQUIREMENTS: FRESHWATER 

The provisions of this section apply to Outfall 001 for whole effluent toxicity testing (biomonitoring) 

1. Scope, Frequency and Methodology 

a. The permittee shall test the effluent for lethality in accordance with the provisions in this 

Section. Such testing will determine compliance with the Surface Water Quality Standard, 

3o7.6(e)(2)(B), of greater than 5o% survival of the appropriate test organisms in l00% 

effluent for a 24-hour period. 

b. The toxicity tests specified shall be conducted once per six months. The permittee shall 

conduct the following toxicity tests utilizing the test organisms, procedures, and quality 

assurance requirements specified in this section of the permit and in accordance with 

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

Freshwater and Marine Organisms, Fifth Edition" (EPA-821-R-o2-o12), or the most 

recent update thereof: 

1) Acute 24-hour static toxicity test using the water flea (Daphnia pulex or 

Ceriodaphnia dubia). A minimum of five replicates with eight organisms per 

replicate shall be used in the control and in each dilution. 

2) Acute 24-hour static toxicity test using the fathead minnow (Pimephales promelas). 

A minimum of five replicates with eight organisms per replicate shall be used in the 

control and in each dilution. 

The permittee must perform and report a valid test for each test species during the 

prescribed reporting period. An invalid test must be repeated during the same reporting 

period. An invalid test is herein defined as any test failing to satisfy the test acceptability 

criteria, procedures, and quality assurance requirements specified in the test methods and 

permit. All test results, valid or invalid, must be submitted as described below. 

c. In addition to an appropriate control, a i00% effluent concentration shall be used in the 

toxicity tests. Except as discussed in item 2.b., the control and/or dilution water shall 

consist of standard, synthetic, moderately hard, reconstituted water. 

d. This permit may be amended to require a Whole Effluent Toxicity (WET) limit, a Best 

Management Practice (BMP), Chemical-Specific (CS) limits, additional toxicity testing, 

and/or other appropriate actions to address toxicity. The permittee may be required to 

conduct additional biomonitoring tests and/or a Toxicity Reduction Evaluation (TRE) if 

biomonitoring data indicate multiple numbers of unconfirmed toxicity events. 

e. As the dilution series specified in the Chronic Biomonitoring Requirements includes a 

l00% effluent concentration, the results from those tests may fulfill the requirements of 

this Section; any tests performed in the proper time interval may be substituted. 

Compliance will be evaluated as specified in item a. The 5o% survival in l00% effluent for 

a 24-hour period standard applies to all tests utilizing a l00% effluent dilution, regardless 

of whether the results are submitted to comply with the minimum testing frequency 

defined in item b. 

Page 32 
Lower Colorado River Authority TPDES Permit No. WQoom369000 

2. Required Toxicity Testing Conditions 

a. Test Acceptance - The permittee shall repeat any toxicity test, including the control, if the 

control fails to meet a mean survival equal to or greater than 90%. 

b. Dilution Water - In accordance with item i.c., the control and/or dilution water shall 

normally consist of standard, synthetic, moderately hard, reconstituted water. If the 

permittee utilizes the results of a chronic test to satisfy the requirements in item i.e., the 

permittee may use the receiving water or dilution water that meets the requirements of 

item 2.a as the control and dilution water. 

c. Samples and Composites 

1) The permittee shall collect one flow-weighted 24-hour composite sample from 

Outfall 001. A 24-hour composite sample consists of a minimum of 12 effluent 

portions collected at equal time intervals representative of a 24-hour operating day 

and combined proportional to flow, or a sample continuously collected proportional 

to flow over a 24-hour operating day. 

2) The permittee shall collect the 24-hour composite samples such that the samples are 

representative of any periodic episode of chlorination, biocide usage, or other 

potentially toxic substance discharged on an intermittent basis. 

3) The permittee shall initiate the toxicity tests within 36 hours after collection of the 

last portion of the 24-hour composite sample. Samples shall be maintained at a 

temperature of o-6 degrees Centigrade during collection, shipping, and storage. 

4) If Outfall 001 ceases discharging during the collection of the effluent composite 

sample, the requirements for the minimum number of effluent portions are waived. 

However, the permittee must have collected a composite sample volume sufficient 

for completion of the required test. The abbreviated sample collection, duration, and 

methodology must be documented in the full report required in Part 3 of this 

Section. 

3. Reporting 

All reports, tables, plans, summaries, and related correspondence required in any Part of this 

Section shall be submitted to the attention of the Standards Implementation Team (MC 150) 

of the Water Quality Division. All DMRs, including DMRs with biomonitoring data, should be 

sent to the Enforcement Division (MC 224). 

a. The permittee shall prepare a full report of the results of all tests conducted pursuant to 

this permit in accordance with the Report Preparation Section of "Methods for Measuring 

the Acute Toxicity of Effluents and Receiving Waters to Freshwater and Marine 

Organisms, Fifth Edition" (EPA-821-R-o2-o12), or the most recent update thereof, for 

every valid and invalid toxicity test initiated. All full reports shall be retained for 3 years at 

the plant site and shall be available for inspection by TCEQ personnel. 

b. A full report must be submitted with the first valid biomonitoring test results for each test 

species and with the first test results any time the permittee subsequently employs a 

different test laboratory. Full reports need not be submitted for subsequent testing unless 

specifically requested. The permittee shall routinely report the results of each 

Page 33 
Lower Colorado River Authority TPDES Permit No. WQoo01369000 

biomonitoring test on the Table 2 forms provided with this permit. All Table 2 reports 

must include the information specified in the Table 2 form attached to this permit. 

1) Semiannual biomonitoring test results are due on or before January loth and July 

20th for biomonitoring conducted during the previous 6 month period. 

2) Quarterly biomonitoring test results are due on or before January 20th, April loth, 

July 2oth, and October 20th, for biomonitoring conducted during the previous 

calendar quarter. 

c. Enter the following codes on the DMR for the appropriate parameters for valid tests only: 

1) For the water flea, Parameter TIE3D, enter a "o" if the mean survival at 24-hours is 

greater than 50% in the i00% effluent dilution; if the mean survival is less than or 

equal to 50%, enter "1." 

2) For the fathead minnow, Parameter TIE6C, enter a "o" if the mean survival at 24-

hours is greater than 50% in the 100% effluent dilution; if the mean survival is less 

than or equal to 50%, enter "1." 

d. Enter the following codes on the DMR for retests only: 

i) For retest number 1, Parameter 22415, enter a "o" if the mean survival at 24-hours is 

greater than 50% in the 100% effluent dilution; if the mean survival is less than or 

equal to 50%, enter "1." 

2) For retest number 2, Parameter 22416, enter a "o" if the mean survival at 24-hours is 

greater than 50% in the 100% effluent dilution; if the mean survival is less than or 

equal to 50%, enter "i." 

4. Persistent Mortality 

The requirements of this Part apply when a toxicity test demonstrates significant lethality, 

here defined as a mean mortality of 5o% or greater to organisms exposed to the 100% effluent 

concentration after 24-hours. 

a. The permittee shall conduct 2 additional tests (retests) for each species that demonstrates 

significant lethality. The two retests shall be conducted once per week for 2 weeks. Five 

effluent dilution concentrations in addition to an appropriate control shall be used in the 

retests. These additional effluent concentrations are 6%, 13%, 25%, 50% and 100% 

effluent. The first retest shall be conducted within 15 days of the laboratory determination 

of significant lethality. All test results shall be submitted within 20 days of test completion 

of the second retest. Test completion is defined as the 24th hour. The retests shall also be 

reported on the DMRs as specified in Part 3.d. 

b. If one or both of the two retests specified in item 4.a. demonstrates significant lethality, 

the permittee shall initiate the TRE requirements as specified in Part 5 of this Section. 

5. Toxicity Reduction Evaluation 

a. Within 45 days of the retest that demonstrates significant lethality, the permittee shall 

submit a General Outline for initiating a Toxicity Reduction Evaluation (TRE). The 

outline shall include, but not be limited to, a description of project personnel, a schedule 

Page 34 
Lower Colorado River Authority TPDES Permit No. WQ0001369000 

for obtaining consultants (if needed), a discussion of influent and/or effluent data 

available for review, a sampling and analytical schedule, and a proposed TRE initiation 

date. 

b. Within go days of the retest that demonstrates significant lethality, the permittee shall 

submit a TRE Action Plan and Schedule for conducting a TRE. The plan shall specify the 

approach and methodology to be used in performing the TRE. A TRE is a step-wise 

investigation combining toxicity testing with physical and chemical analysis to determine 

actions necessary to eliminate or reduce effluent toxicity to a level not effecting significant 

lethality at the critical dilution. The TRE Action Plan shall lead to the successful 

elimination of significant lethality for both test species defined in item i.b. As a 

minimum, the TRE Action Plan shall include the following: 

1.) Specific Activities - The TRE Action Plan shall specify the approach the permittee 

intends to utilize in conducting the TRE, including toxicity characterizations, 

identifications, confirmations, source evaluations, treatability studies, and/or 

alternative approaches. When conducting characterization analyses, the permittee 

shall perform multiple characterizations and follow the procedures specified in the 

document entitled, "Methods for Aquatic Toxicity Identification Evaluations: Phase I 

Toxicity Characterization Procedures" (EPA/boo/6-91/003), or alternate 

procedures. The permittee shall perform multiple identifications and follow the 

methods specified in the documents entitled, "Methods for Aquatic Toxicity 

Identification Evaluations, Phase II Toxicity Identification Procedures for Samples 

Exhibiting Acute and Chronic Toxicity" (EPA/600/R-92/o8o) and "Methods for 

Aquatic Toxicity Identification Evaluations, Phase III Toxicity Confirmation 

Procedures for Samples Exhibiting Acute and Chronic Toxicity" (EPA/600/R92/081). All characterization, identification, and confirmation tests shall be 

conducted in an orderly and logical progression; 

2) Sampling Plan - The TRE Action Plan should describe sampling locations, methods, 

holding times, chain of custody, and preservation techniques. The effluent sample 

volume collected for all tests shall be adequate to perform the toxicity 

characterization/ identification/ confirmation procedures, and chemical-specific 

analyses when the toxicity tests show significant lethality. Where the permittee has 

identified or suspects specific pollutant(s) and/or source(s) of effluent toxicity, the 

permittee shall conduct, concurrent with toxicity testing, chemical-specific analyses 

for the identified and/or suspected pollutant(s) and/or source(s) of effluent toxicity; 

3) Quality Assurance Plan - The TRE Action Plan should address record keeping and 

data evaluation, calibration and standardization, baseline tests, system blanks, 

controls, duplicates, spikes, toxicity persistence in the samples, randomization, 

reference toxicant control charts, as well as mechanisms to detect artifactual toxicity; 

and 

4) Project Organization - The TRE Action Plan should describe the project staff, 

manager, consulting engineering services (where applicable), consulting analytical 

and toxicological services, etc. 

c. Within 3o days of submittal of the TRE Action Plan and Schedule, the permittee shall 

implement the TRE with due diligence. 

Page 35 
Lower Colorado River Authority TPDES Permit No. WQ0001369oo0 

d. The permittee shall submit quarterly TRE Activities Reports concerning the progress of 

the TRE. The quarterly TRE Activities Reports are due on or before April 2oth, July loth, 

October loth, and January loth. The report shall detail information regarding the TRE 

activities including: 

1) results and interpretation of any chemical-specific analyses for the identified and/or 

suspected pollutant(s) performed during the quarter; 

2) results and interpretation of any characterization, identification, and confirmation 

tests performed during the quarter; 

3) any data and/or substantiating documentation which identifies the pollutant(s) and-

/or source(s) of effluent toxicity; 

4) results of any studies/evaluations concerning the treatability of the facility's effluent 

toxicity; 

5) any data which identifies effluent toxicity control mechanisms that will reduce 

effluent toxicity to the level necessary to eliminate significant lethality; and 

6) any changes to the initial TRE Plan and Schedule that are believed necessary as a 

result of the TRE findings. 

Copies of the TRE Activities Report shall also be submitted to the U.S. EPA Region 6 

office. 

e. During the TRE, the permittee shall perform, at a minimum, quarterly testing using the 

more sensitive species; testing for the less sensitive species shall continue at the frequency 

specified in Part 

f. If the effluent ceases to effect significant lethality (herein as defined below) the permittee 

may end the TRE. A "cessation of lethality" is defined as no significant lethality for a 

period of 12 consecutive weeks with at least weekly testing. At the end of the 12 weeks, the 

permittee shall submit a statement of intent to cease the TRE and may then resume the 

testing frequency specified in Part i.b. The permittee may only apply the "cessation of 

lethality" provision once. 

This provision accommodates situations where operational errors and upsets, spills, or 

sampling errors triggered the TRE, in contrast to a situation where a single toxicant or 

group of toxicants cause lethality. This provision does not apply as a result of corrective 

actions taken by the permittee. "Corrective actions" are herein defined as proactive 

efforts which eliminate or reduce effluent toxicity. These include, but are not limited to, 

source reduction or elimination, improved housekeeping, changes in chemical usage, and 

modifications of influent streams and/or effluent treatment. 

The permittee may only apply this cessation of lethality provision once. If the effluent 

again demonstrates significant lethality to the same species, the permit will be amended 

to add a WET limit with a compliance period, if appropriate. However, prior to the 

effective date of the WET limit, the permittee may apply for a permit amendment 

removing and replacing the WET limit with an alternate toxicity control measure by 

identifying and confirming the toxicant and/or an appropriate control measure. 

Page 36 
Lower Colorado River Authority TPDES Permit No. WQ0001369000 

The permittee shall complete the TRE and submit a Final Report on the TRE Activities no 

later than 18 months from the last test day of the retest that demonstrates significant 

lethality. The permittee may petition the Executive Director (in writing) for an extension 

of the 18-month limit. However, to warrant an extension the permittee must have 

demonstrated due diligence in their pursuit of the TIE/TRE and must prove that 

circumstances beyond their control stalled the TIE/TRE. The report shall specify the 

control mechanism(s) that will, when implemented, reduce effluent toxicity as specified in 

item 5.g. The report will also specify a corrective action schedule for implementing the 

selected control mechanism(s). A copy of the TRE Final Report shall also be submitted to 

the U.S. EPA Region 6 office. 

h. Within 3 years of the last day of the test confirming toxicity, the permittee shall comply 

with 3o7.6(e)(2)(B), which requires greater than 5o% survival of the test organism in 

l00% effluent at the end of 24-hours. The permittee may petition the Executive Director 

(in writing) for an extension of the 3-year limit. However, to warrant an extension the 

permittee must have demonstrated due diligence in their pursuit of the TIE/TRE and 

must prove that circumstances beyond their control stalled the TIE/TRE. 

The requirement to comply with 3o7.6(e)(2)(B) may be exempted upon proof that toxicity 

is caused by an excess, imbalance, or deficiency of dissolved salts. This exemption 

excludes instances where individually toxic components (e.g. metals) form a salt 

compound. Following the exemption, the permit may be amended to include an ionadjustment protocol, alternate species testing, or single species testing. 

i. Based upon the results of the TRE and proposed corrective actions, this permit may be 

amended to modify the biomonitoring requirements where necessary, to require a 

compliance schedule for implementation of corrective actions, to specify a WET limit, to 

specify a BMP, and/or to specify a CS limit. 

Page 37 
Lower Colorado River Authority TPDES Permit No. WQ0001369000 

TABLE 2 (SHEET 1 OF 2 

WATER FLEA SURVIVAL 

GENERAL INFORMATION 

PERCENT SURVIVAL 

Enter percent effluent corresponding to the LC C0 below: 

24 hour LC go = % effluent 

age 3 
Saul le: Collepte 

Peieeiit:aftan ( 

Lower Colorado River Authority TPDES Permit No. WQD0o1369000 

TABLE 2 (SHEET 2 OF 2) 

FATHEAD MINNOW SURVIVAL 

GENERAL INFORMATION 

Time (amt ij) Dale 

PERCENT SURVIVAL 

Enter percent effluent corresponding to the LC5o below: 

24 hour LC5o = % effluent 

Page 39