Permit No.: WA0037168 

Page 1 of 41 

United States Environmental Protection Agency 

Region 10 

1200 Sixth Avenue Suite 900 

Seattle, Washington 98101-3140 

Authorization to Discharge Under the 

National Pollutant Discharge Elimination System

 In compliance with the provisions of the Clean Water Act, 33 U.S.C. §1251 et seq., as 

amended by the Water Quality Act of 1987, P.L. 100-4, the “Act”, 

City of Puyallup Wastewater Treatment Plant 

1602 18th St NW 

Puyallup, WA 98371 

is authorized to discharge from the wastewater treatment facility located in the City of Puyallup 

at the following location: 

Outfall Receiving Water Latitude Longitude 

 001 Puyallup River 47o 12' 26" N 122o 19' 11" W 

 

in accordance with discharge point(s), effluent limitations, monitoring requirements and other 

conditions set forth herein. 

 This permit shall become effective December 1, 2014 

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

2019

 The permittee shall reapply for a permit reissuance on or before June 3, 2019, 180 days 

before the expiration of this permit if the permittee intends to continue operations and discharges 

at the facility beyond the term of this permit. 

Signed this 9th day of October, 2014. 

/s/ Christine Psyk for 

Daniel D. Opalski, Director 

Office of Water and Watersheds 
Permit No.: WA0037168 

Page 2 of 41 

Schedule of Submissions

The following is a summary of some of the items the permittee must complete and/or submit to 

EPA during the term of this permit: 

Item Due Date

1. Discharge Monitoring 

Reports (DMR)

DMRs are due monthly and must be postmarked on or before the 

twentieth day of each subsequent month.

2. Quality Assurance Plan 

(QAP)

The permittee must provide EPA with written notification that 

the Plan has been developed and implemented within 180 days 

of the effective date of the final permit (see I.C.). The Plan must 

be kept on site and made available to EPA and the Puyallup 

Tribe upon request.

3. Operation and 

Maintenance (O&M) Plan

The permittee must provide EPA with written notification that 

the Plan has been developed and implemented within 180 days 

of the effective date of the final permit (see II.C.). The Plan 

must be kept on site and made available to EPA and the Puyallup 

Tribe upon request.

4. NPDES Application 

Renewal

The application must be submitted at least 180 days before the 

expiration date of the permit (see V.B.).

5. Surface Water Monitoring 

Report

The Report must be submitted to EPA and the Puyallup Tribe 

with the application for permit renewal.

6. Twenty-Four Hour Notice 

of Noncompliance Reporting

The permittee must report certain occurrences of noncompliance 

by telephone within 24 hours from the time the permittee 

becomes aware of the circumstances. (See III.G. and I.B.)

7. Local Limits Evaluation By December 31, 2015, the permittee must submit to EPA a 

complete local limits evaluation pursuant to 40 CFR 403.5(c)(1). 

(See II.A.5.)

8. Annual Pretreatment 

Report

The Report must be submitted to the pretreatment coordinator no 

later than February 15 of the year following each calendar year. 

(See II.A.9.)

9. Emergency Response and 

Public Notification Plan

The permittee must develop and implement an overflow 

emergency response and public notification plan. The permittee 

must submit written notice to EPA and the Puyallup Tribe that 

the plan has been developed and implemented within 180 days of 

the effective date of this permit. 

10.Lead and Zinc Study By November 1, 2016, the permittee must complete a study to 

determine the source(s) of lead and zinc in the wastewater 

treatment plant effluent and identify opportunities for reduction 

of lead and zinc levels at the source. Submit the study to the 

Tribe, EPA, and Ecology. (See II. D.)

11. Mercury Minimization The permittee must submit an annual status report. (See II.C.) 
Permit No.: WA0037168 

Page 3 of 41 

Table of Contents

Schedule of Submissions ............................................................................................................... 2

I. Limitations and Monitoring Requirements ......................................................................... 5

A. Discharge Authorization ..................................................................................................... 5

B. Effluent Limitations and Monitoring .................................................................................. 5

C. Whole Effluent Toxicity Testing Requirements ................................................................. 9

D. Surface Water Monitoring ................................................................................................ 12

II. Special Conditions ............................................................................................................. 14

A. Pretreatment Requirements ............................................................................................... 14

B. Arsenic Monitoring ........................................................................................................... 21

C. Mercury Minimization Plan .............................................................................................. 22

D. Lead and Zinc Study ......................................................................................................... 22

E. Operation and Maintenance Plan ...................................................................................... 23

F. Quality Assurance Plan (QAP) ......................................................................................... 23

G. Facility Planning Requirement ......................................................................................... 23

H. Emergency Response and Public Notification Plan.......................................................... 24

III. Monitoring, Recording and Reporting Requirements .................................................. 25

A. Representative Sampling (Routine and Non-Routine Discharges) ................................... 25

B. Reporting of Monitoring Results ...................................................................................... 25

C. Monitoring Procedures...................................................................................................... 27

D. Additional Monitoring by Permittee ................................................................................. 27

E. Records Contents .............................................................................................................. 28

F. Retention of Records......................................................................................................... 28

G. Twenty-four Hour Notice of Noncompliance Reporting .................................................. 28

H. Other Noncompliance Reporting ...................................................................................... 29

I. Public Notification ............................................................................................................ 30

J. Notice of New Introduction of Toxic Pollutants............................................................... 30

IV. Compliance Responsibilities ............................................................................................ 30

A. Duty to Comply................................................................................................................. 30

B. Penalties for Violations of Permit Conditions .................................................................. 30

C. Need To Halt or Reduce Activity not a Defense .............................................................. 32

D. Duty to Mitigate ................................................................................................................ 32

E. Proper Operation and Maintenance .................................................................................. 32

F. Bypass of Treatment Facilities.......................................................................................... 33

G. Upset Conditions ............................................................................................................... 33

H. Toxic Pollutants ................................................................................................................ 34

I. Planned Changes ............................................................................................................... 34

J. Anticipated Noncompliance.............................................................................................. 34

K. Reopener ........................................................................................................................... 35

V. General Provisions ............................................................................................................ 35
Permit No.: WA0037168 

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A. Permit Actions .................................................................................................................. 35

B. Duty to Reapply ................................................................................................................ 35

C. Duty to Provide Information ............................................................................................. 35

D. Other Information ............................................................................................................. 35

E. Signatory Requirements .................................................................................................... 35

F. Availability of Reports ...................................................................................................... 36

G. Inspection and Entry ......................................................................................................... 37

H. Property Rights ................................................................................................................. 37

I. Transfers ........................................................................................................................... 37

J. State Laws ......................................................................................................................... 37

VI. Definitions .......................................................................................................................... 38
Permit No.: WA0037168 

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I. Limitations and Monitoring Requirements

A. Discharge Authorization 

During the effective period of this permit, the permittee is authorized to discharge 

pollutants from the outfalls specified herein to the Puyallup River, within the limits 

and subject to the conditions set forth herein. This permit authorizes the discharge of 

only those pollutants resulting from facility processes, waste streams, and operations 

that have been clearly identified in the permit application process. 

B. Effluent Limitations and Monitoring 

1. The permittee must limit and monitor discharges from outfall 001 as specified in 

Table 1, below. All figures represent maximum effluent limits unless otherwise 

indicated. The permittee must comply with the effluent limits in the tables at all 

times unless otherwise indicated, regardless of the frequency of monitoring or 

reporting required by other provisions of this permit. 

Table 1: Effluent Limitations and Monitoring Requirements

Parameter Effluent Limitations Monitoring Requirements

Average 

Monthly 

Limit

Average 

Weekly 

Limit

Max 

Daily 

Limit

Instantaneous 

Maximum 

Limit

Sample 

Location

Sample 

Frequency

Sample 

Type

Flow, mgd --- --- --- --- --- Continuous Recording

Biochemical 

Oxygen 

Demand 

(BOD5)

30 mg/l 45 mg/l --- --- Influent 

and 

Effluent

3/week 24-hr 

Composite

2,179 

lb/day

3,268 

lb/day

Total 

Suspended 

Solids (TSS)

30 mg/l 45 mg/l --- --- Influent 

and 

Effluent

3/week 24-hr 

Composite

2,333 

lb/day

3,499 

lb/day

Fecal Coliform 

Bacteria1,2

100/100 

ml

--- --- --- Effluent 3/week Grab

pH, standard 

units4

6.1 - 9.0 Effluent Continuous Recording

Temperature, oC --- --- --- --- Effluent Continuous Recording 3

Hardness, mg/L 

CaCO3

--- --- --- --- Effluent Monthly 24-hr 

Composite

Chronic Whole 

Effluent 

Toxicity

Annual, See Part I.C.
Permit No.: WA0037168 

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Table 1: Effluent Limitations and Monitoring Requirements

Parameter Effluent Limitations Monitoring Requirements

Average 

Monthly 

Limit

Average 

Weekly 

Limit

Max 

Daily 

Limit

Instantaneous 

Maximum 

Limit

Sample 

Location

Sample 

Frequency

Sample 

Type

Arsenic, Total 

Recoverable

--- --- --- --- Influent 

and 

Effluent

Quarterly 

for 5 years

24-hr 

Composite

Arsenic, 

Inorganic

--- --- --- --- Effluent Quarterly 

for 5 years

Quarterly 

for 5 years

Endosulfan --- --- --- --- Effluent Quarterly 

for 5 years

Quarterly 

for 5 years

Copper, Total 

Recoverable2

8.5 ug/L --- 13.7 

ug/L 

--- Effluent 1/month 24-hr 

Composite

0.99 

lb/day

1.60 

lb/day

Total Ammonia 

(as N)2

November 1 –

April 30

5.4 mg/L --- 16.1 

mg/L

--- Effluent 2/week 24-hr 

Composite

793 

lb/day

2,622 

lb/day

Total Ammonia 

(as N)2 May 1 –

October 31

4.2 mg/L --- 12.0 

mg/L

--- Effluent 2/week 24-hr 

Composite

490 

lb/day

792 

lb/day

Total Kjeldahl 

Nitrogen, mg/L

--- --- --- --- Effluent 1/month 24-hr 

Composite

Nitrogen, 

NO2+NO3, 

mg/L

--- --- --- --- Effluent 1/month 24-hr 

Composite

Total 

Phosphorus, 

mg/L

--- --- --- --- Effluent 1/month 24-hr 

Composite
Permit No.: WA0037168 

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Table 1: Effluent Limitations and Monitoring Requirements

Parameter Effluent Limitations Monitoring Requirements

Average 

Monthly 

Limit

Average 

Weekly 

Limit

Max 

Daily 

Limit

Instantaneous 

Maximum 

Limit

Sample 

Location

Sample 

Frequency

Sample 

Type

1. The geometric mean of fecal coliform bacteria may not exceed 100 colonies/100 ml and no more than 10 

percent of the samples used to calculate the mean may exceed 200 colonies/100 ml. See Part VI for a definition 

of geometric mean.

2. Reporting is required within 24 hours of a maximum daily limit or instantaneous maximum limit violation. 

See Sections I.B.2. and III.G. 

3. Continuous effluent monitoring shall begin within six months of the effective date of the permit. Temperature 

data must be recorded using a micro-recording temperature devices known as thermistors. Set the recording 

device to record at one-hour intervals. Report the following temperature monitoring data on the DMR: 1-day 

maximum temperature and the 7-day average of the daily maximum temperatures (7-DADMax).

 Use the temperature device manufacturer’s software to generate (export) an Excel text or electronic ASCII text 

file. The file must be submitted annually to Puyallup Tribe by January 31 for the previous monitoring year 

along with the placement log. The placement logs should include the following information for both thermistor 

deployment and retrieval: date, time, temperature device manufacturer ID, location, depth, whether it measured 

air or water temperature, and any other details that may explain data anomalies.

4. See I.B.4.

2. The permittee must report within 24 hours any violation of the maximum daily 

limits for copper and ammonia. Violations of all other effluent limits are to be 

reported at the time that discharge monitoring reports are submitted (See III.B. 

and III.H.).

3. The permittee must not discharge any floating solids, visible foam in other than 

trace amounts, or oily wastes that produce a sheen on the surface of the receiving 

water.

4. The pH must not be less than 6.1 standard units (s.u.) nor greater than 9.0

standard units (s.u.). The permittee shall maintain the pH within the range in 

Table 1 except excursions from the range are permitted subject to the following 

limitations: 

(1) The total time during which the pH values are outside the required range of 

pH values shall not exceed 7 hours and 26 minutes in any calendar month; 

and 

(2) No individual excursion from the range of pH values shall exceed 60 

minutes. 

5. Removal Requirements for BOD5 and TSS: The monthly average effluent 

concentration must not exceed 15 percent of the monthly average influent 

concentration. Percent removal of BOD5 and TSS must be reported on the 

Discharge Monitoring Reports (DMRs). For each parameter, the monthly average 

percent removal must be calculated from the arithmetic mean of the influent 

values and the arithmetic mean of the effluent values for that month. Influent and 

effluent samples must be taken over approximately the same time period. 
Permit No.: WA0037168 

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6. The permittee must collect effluent samples from the effluent stream after the last 

treatment unit prior to discharge into the receiving waters. 

7. For all effluent monitoring, the permittee must use sufficiently sensitive analytical 

methods which meet the following: 

a) Parameters with an effluent limit. The method must achieve a minimum level 

(ML) less than the effluent limitation unless otherwise specified in Table 1 

Effluent Limitations and Monitoring Requirements. 

b) Parameters that do not have effluent limitations. 

(i) The permittee must use a method that detects and quantifies the level of 

the pollutant, or 

(ii) The permittee must use a method that can achieve a maximum ML less 

than or equal to those specified in Table 2; 

c) For parameters that do not have an effluent limit, the permittee may request 

different MLs. The request must be in writing and must be approved by EPA. 

d) See also Part III.D. Monitoring Procedures

Table 2: Maximum MLs for Pollutants Not Subject to Effluent Limitations

Parameter Units Maximum ML

Arsenic μg/L 0.5

Copper μg/L 1

TKN μg/L 100

NO2+NO3 as N μg/L 100

Total Phosphorus μg/L 100

Lead μg/L 0.5

Nickel μg/L 15

Zinc μg/L 30

8. For purposes of calculating monthly averages, zero may be assigned for values 

less than the MDL, and the {numeric value of the MDL} may be assigned for 

values between the MDL and the ML. If the average value is less than the MDL, 

the permittee must report “less than {numeric value of the MDL}” and if the 

average value is less than the ML, the permittee must report “less than {numeric 

value of the ML}.” If a value is equal to or greater than the ML, the permittee 

must report and use the actual value. 

9. The permittee must perform the effluent testing required by Part D of NPDES 

application Form 2A (EPA Form 3510-2A, revised 1-99). The permittee must 

submit the results of this testing with its application for renewal of this NPDES 

permit. To the extent that effluent monitoring required by other conditions of this 

permit satisfies this requirement, these samples may be used to satisfy the 

requirements of this paragraph. 
Permit No.: WA0037168 

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C. Whole Effluent Toxicity Testing Requirements 

The permittee must conduct chronic toxicity tests on effluent samples from Outfall 

001. Testing must be conducted in accordance with subsections 1 through 6, below. 

1. Toxicity testing must be conducted on 24-hour composite samples of effluent. In 

addition, a split of each sample collected must be analyzed for the chemical and 

physical parameters required in Part I.B, above, with a required sampling 

frequency of once per month or more frequently, using the sample type required 

in Part I.B. For parameters for which grab samples are required in Part I.B, grab 

samples must be taken during the same 24-hour period as the 24-hour composite 

sample used for the toxicity tests. When the timing of sample collection coincides 

with that of the sampling required in Part I.B, analysis of the split sample will 

fulfill the requirements of Part I.B as well. 

2. Chronic Test Species and Methods 

a) For Outfall 001, short-term chronic toxicity tests must be conducted annually. 

The effluent collected for toxicity testing must be collected at the same time 

as the receiving water surface water monitoring (see Part I.D.).

b) The permittee must conduct the following two chronic toxicity tests on each 

sample, using the following species and protocols: 

(i) Fathead minnow, Pimephales promelas, larval survival and growth test 

(method 1000.0 in EPA-821-R-02-013)

(ii) Daphnid, Ceriodaphnia dubia, survival and reproduction test 

(method 1002.0 in EPA-821-R-02-013) 

c) The presence of chronic toxicity must be determined as specified in ShortTerm Methods for Estimating the Chronic Toxicity of Effluents and Receiving 

Waters to Freshwater Organisms, Fourth Edition, EPA-821-R-02-013, 

October 2002. 

d) Results must be reported in TUc (chronic toxic units), which is defined as 

follows: 

(i) For survival endpoints, TUc = 100/NOEC. 

(ii) For all other test endpoints, TUc = 100/IC25

(iii) IC25 means “25% inhibition concentration.” The IC25 is a point 

estimate of the toxicant concentration, expressed in percent effluent, 

that causes a 25% reduction in a non-quantal biological measurement 

(e.g., reproduction or growth) calculated from a continuous model 

(e.g., Interpolation Method). 

(iv) NOEC means “no observed effect concentration.” The NOEC is the 

highest concentration of toxicant, expressed in percent effluent, to 

which organisms are exposed in a chronic toxicity test [full life-cycle 

or partial life-cycle (short term) test], that causes no observable 

adverse effects on the test organisms (i.e., the highest concentration of 
Permit No.: WA0037168 

Page 10 of 41 

effluent in which the values for the observed responses are not 

statistically significantly different from the controls). 

3. Quality Assurance 

a) The toxicity testing on each organism must include a series of five test 

dilutions and a control, as follows:

(i) The chronic test dilutions must include the receiving water 

concentration (RWC), which is the dilution associated with the chronic 

toxicity trigger; two dilutions above the RWC, and; two dilutions 

below the RWC. The chronic RWC is 52.6 % effluent.

b) All quality assurance criteria and statistical analyses used for chronic tests and 

reference toxicant tests must be in accordance with Short-Term Methods for 

Estimating the Chronic Toxicity of Effluents and Receiving Waters to 

Freshwater Organisms, Fourth Edition, EPA/821-R-02-013, October 2002, 

and individual test protocols. 

c) In addition to those quality assurance measures specified in the methodology, 

the following quality assurance procedures must be followed: 

(i) If organisms are not cultured in-house, concurrent testing with 

reference toxicants must be conducted. If organisms are cultured inhouse, monthly reference toxicant testing is sufficient. Reference 

toxicant tests must be conducted using the same test conditions as the 

effluent toxicity tests. 

(ii) If either of the reference toxicant tests or the effluent tests do not meet 

all test acceptability criteria as specified in the test methods manual, 

the permittee must re-sample and re-test within 14 days of receipt of 

the test results. 

(iii) Control and dilution water must be receiving water or lab water, as 

appropriate, as described in the manual. If the dilution water used is 

different from the culture water, a second control, using culture water 

must also be used. Receiving water may be used as control and 

dilution water upon notification of EPA. In no case shall water that has 

not met test acceptability criteria be used for either dilution or control. 

4. Accelerated Testing. 

a) For Outfall 001, the chronic toxicity trigger is 1.9 TUc.

b) If chronic toxicity is detected above 1.9 TUc the permittee must conduct four 

(see also Part C.4.e., below) more biweekly tests over an eight week period. 

This accelerated testing must be initiated within two weeks of receipt of the 

test results that indicate an exceedance.

c) The permittee must notify EPA of the exceedance in writing within two weeks 

of receipt of the test results. The notification must include the following 

information: 
Permit No.: WA0037168 

Page 11 of 41 

(i) A status report on any actions required by the permit, with a schedule 

for actions not yet completed. 

(ii) A description of any additional actions the permittee has taken or will 

take to investigate and correct the cause(s) of the toxicity. 

(iii) Where no actions have been taken, a discussion of the reasons for not 

taking action. 

d) If none of the four accelerated tests exceed the toxicity trigger, the permittee 

may return to the normal testing frequency. If any of the four tests exceed the 

trigger, then the Toxicity Reduction Evaluation requirements in Part I.C.5., 

shall apply.

e) Initial Investigation. If the permittee demonstrates through an evaluation of 

facility operations that the cause of the exceedance is known and corrective 

actions have been implemented, only one accelerated test is necessary. If 

toxicity exceeding 1.9 TUc is detected in this test, then the Toxicity Reduction 

Evaluation requirements in Part I.C.5. shall apply.

5. Toxicity Reduction Evaluation (TRE) and Toxicity Identification Evaluation 

(TIE): 

a) If chronic toxicity is detected above 1.9 TUc in any of the accelerated tests 

under Part I.C.4., the permittee must initiate a TRE in accordance with EPA 

manual EPA 833-B-99-002 (Toxicity Reduction Evaluation Guidance for 

Municipal Wastewater Treatment Plants), within two weeks of the 

exceedance. At a minimum, the TRE must include:

(i) Further actions to investigate and identify the cause of toxicity; 

(ii) Actions the permittee will take to mitigate the impact of the discharge 

and to prevent the recurrence of toxicity; and 

(iii) A schedule for these actions. 

b) The permittee may initiate a TIE as part of the overall TRE process, using as 

guidance the methods described in the EPA acute and chronic TIE manuals 

EPA/600/6-91/005F (Phase I), EPA/600/R-92-080 (Phase II), and 

EPA/600/R-92-081. 

c) If a TIE is initiated prior to completion of the accelerated testing, the 

accelerated testing schedule may be terminated, or used as necessary in 

performing the TIE. 

6. Reporting 

a) The permittee must submit the results of the toxicity tests with the discharge 

monitoring reports (DMR) for the month following receipt of the results from 

the lab.

b) The permittee must submit the results of any accelerated testing required 

under Part I.C.4. within 2 weeks of receipt of the results from the lab. The full 

report must be submitted within 4 weeks of receipt of the results from the lab. 
Permit No.: WA0037168 

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If an initial investigation indicates the source of toxicity and accelerated 

testing is unnecessary, the result of the investigation must be submitted with 

the DMR for the month following completion of the investigation. 

c) The report of toxicity test results must include all relevant information 

outlined in Section 10, Report Preparation, of Short-Term Methods for 

Estimating the Chronic Toxicity of Effluents and Receiving Waters to 

Freshwater Organisms, Fourth Edition, EPA/821-R-02-013, October 2002. In 

addition to toxicity test results, the permittee must report: dates of sample 

collection and initiation of each test; flow rate at the time of sample 

collection; and the results of the monitoring required in Part I.B of this permit, 

for parameters with a required monitoring frequency of monthly or more 

frequently. 

D. Surface Water Monitoring 

The permittee must conduct surface water monitoring. The program must meet the 

following requirements: 

Surface water monitoring must meet the following requirements: 

1. Working with the Puyallup Tribe, the permittee must develop a receiving water 

monitoring plan. This plan must include a continuous temperature monitoring 

plan for both effluent temperature monitoring and surface water temperature 

monitoring. Existing plans that meet the requirements of this section can be used 

provided any new modifications to the monitoring schema or schedule below are 

incorporated into the existing plan.

2. Working with the Puyallup Tribe, the permittee must establish monitoring stations 

in the Puyallup River. The upstream monitoring station must be upstream of the 

facility’s outfall, at a minimum distance of 100 feet from the facility’s outfall. The 

downstream monitoring station must be established at a maximum distance of 302 

feet below the facility’s outfall at the edge of the mixing zone (i.e. at a point 

where the effluent and the receiving water are completely mixed). 

3. To the extent possible, the receiving water samples must occur on the same day as 

the effluent sample collection. 

4. To the extent possible, the downstream receiving water samples must be collected 

during critical conditions. Working with the Puyallup Tribe, the permittee must 

establish critical conditions. 

5. Quality assurance/quality control for all monitoring must be documented in the 

Quality Assurance Plan required under Part I.D, Quality Assurance Plan. 

6. Samples must be analyzed for the parameters listed in Table 3. Copper must be 

analyzed as dissolved. Arsenic must be analyzed as dissolved (relates to water 

quality criterion), inorganic (relates to human health criterion), and total 

recoverable. Mercury must be analyzed as total recoverable.

7. The flow rate must be measured as near as practicable to the time that other 

ambient parameters are sampled. 
Permit No.: WA0037168 

Page 13 of 41 

8. With the exception of arsenic samples must achieve method detection limits 

(MDLs) that are equivalent to or less than those listed in Table 3 except for 

arsenic. The permittee may request different MDLs. The request must be in 

writing and must be approved by EPA.

For arsenic the permittee must use sufficiently sensitive analytical methods 

which detect and quantifies the level of arsenic or a method that can achieve a 

maximum MDL less than or equal to those specified in Table 3.

Table 3: Surface Water Monitoring Requirements in the Puyallup River

Parameter Units Upstream Sampling 

Frequency

Downstream 

Sampling Frequency

Sampling 

Method

Max 

MDL 

(ug/L)

Total Ammonia as N mg/L Once/year Once/year Grab 10

Temperature3oC Continuous Continuous Recording NA

pH standard 

units Once/year Once/year Grab NA

Hardness as CaCO3 mg/L Once/year Once/year Grab NA

Arsenic, total ug/L Quarterly for five years --- Grab 0.5

Arsenic, dissolved ug/L Quarterly for five years --- Grab 0.5

Arsenic, inorganic ug/L Quarterly for five years --- Grab 0.036

Copper, dissolved ug/L Once/year Once/year Grab 1

Mercury, total ug/L Once/year Once/year Grab 0.00182

Lead ug/L Once/year Once/year Grab 1.0

Zinc ug/L Once/year Once/year Grab 0.05

Note: 1Ambient arsenic monitoring for total, inorganic, and dissolved arsenic quarterly as part of Special Condition 

II. B., Arsenic Monitoring.

2Methods 1631E or 245.7 must be used. The permittee must achieve a MDL of 1.8 ng/L and a ML of 5.0 ng/L 

(0.005 μg/L).

3. Continuous effluent monitoring shall begin within six months of the effective date of the permit. Temperature 

data must be recorded using a micro-recording temperature devices known as thermistors. Set the recording device 

to record at one-hour intervals. Report the following temperature monitoring data on the DMR: 1-day maximum 

temperature and the 7-day average of the daily maximum temperatures (7-DADMax).

 Use the temperature device manufacturer’s software to generate (export) an Excel text or electronic ASCII text 

file. The file must be submitted annually to the Puyallup Tribe by January 31 for the previous monitoring year 

along with the placement log. The placement logs should include the following information for both thermistor 

deployment and retrieval: date, time, temperature device manufacturer ID, location, depth, whether it measured air 

or water temperature, and any other details that may explain data anomalies

9. Receiving water monitoring results must be submitted to the EPA and the 

Puyallup Tribe Environmental Department with the application for a new permit.
Permit No.: WA0037168 

Page 14 of 41 

10. Surface water monitoring results must be reported on the DMR. 

II. Special Conditions

A. Pretreatment Requirements 

1. Implementation 

The permittee must implement its pretreatment program in accordance with the 

legal authorities, policies, procedures, staffing levels and financial provisions 

described in its original approved pretreatment program submission entitled City 

of Puyallup Source Control Program and submitted to EPA on December 14, 

2007, any program amendments submitted thereafter and approved by EPA, and 

the general pretreatment regulations (40 CFR 403) and any amendments thereof. 

At a minimum, the permittee must carry out the following activities: 

a) Enforce prohibitive discharge standards as set forth in 40 CFR 403.5(a) and 

(b), categorical pretreatment standards promulgated pursuant to Section 

307(b) and (c) of the Act (where applicable), and local limitations and BMPs 

developed by the permittee in accordance with 40 CFR 403.5(c), whichever 

are more stringent and are applicable to non-domestic users discharging 

wastewater into the permittee's collection system. Locally derived limitations 

must be defined as pretreatment standards under Section 307(d) of the Act. 

b) Implement and enforce the requirements of the most recent and EPAapproved portions of local law and regulations (e.g. municipal code, sewer use 

ordinance) addressing the regulation of non-domestic users. 

c) Update its inventory of non-domestic users at a frequency and diligence 

adequate to ensure proper identification of non-domestic users subject to 

pretreatment standards, but no less than once per year. The permittee must 

notify these users of applicable pretreatment standards in accordance with 40 

CFR 403.8(f)(2)(iii). 

d) Issue, reissue, and modify, in a timely manner, industrial wastewater 

discharge permits to at least all Significant Industrial Users (SIUs) and 

categorical industrial users. These documents must contain, at a minimum, 

conditions identified in 40 CFR 403.8(f)(1)(iii), including Best Management 

Practices, if applicable. The permittee must follow the methods described in 

its implementation procedures for issuance of individual permits. 

e) Develop and maintain a data management system designed to track the status 

of the permittee's non-domestic user inventory, non-domestic user discharge 

characteristics, and their compliance with applicable pretreatment standards 

and requirements. The permittee must retain all records relating to its 

pretreatment program activities for a minimum of three years, as required by 

40 CFR 403.12(o), and must make such records available to EPA upon 

request. The permittee must also provide public access to information 

considered effluent data under 40 CFR 2. 
Permit No.: WA0037168 

Page 15 of 41 

f) Establish, where necessary, legally binding agreements with contributing 

jurisdictions to ensure compliance with applicable pretreatment requirements 

in 40 CFR Part 403 by industrial users within these jurisdictions. These 

legally binding agreements must identify the agency responsible for the 

various pretreatment implementation and enforcement activities in the 

contributing jurisdiction and outline the specific roles, responsibilities and 

pretreatment activities of each jurisdiction. 

g) Carry out inspections, surveillance, and monitoring of non-domestic users to 

determine compliance with applicable pretreatment standards and 

requirements. A complete inspection of all SIUs and sampling of all SIUs’ 

effluent must be conducted at least annually. 

h) Require SIUs to conduct wastewater sampling as specified in 40 CFR 

403.12(e) or (h). Frequency of wastewater sampling by the SIUs must be 

appropriate for the character and volume of the wastewater but no less than 

twice per year. Sample collection and analysis must be performed in 

accordance with 40 CFR 403.12(b)(5)(ii) through (v) and 40 CFR 136. In 

cases where the Pretreatment Standard requires compliance with a Best 

Management Practice or pollution prevention alternative, the permittee must 

require the User to submit documentation to determine compliance with the 

Standard. If the permittee elects to conduct all non-domestic user monitoring 

for any SIU instead of requiring self-monitoring, the permittee must conduct 

sampling in accordance with the requirements of this paragraph, and the 

requirements of 40 CFR 403.12(g)(2). 

i) Enforce and obtain remedies for any industrial user noncompliance with 

applicable pretreatment standards and requirements. This must include timely 

and appropriate reviews of industrial reports to identify all violations of the 

user's permit, the local ordinance, and federal pretreatment standards and 

requirements. Once violations have been uncovered, the permittee must take 

timely and appropriate action to address the noncompliance. The permittee's 

enforcement actions must follow its EPA-approved enforcement response 

procedures. 

j) Publish, at least annually, in a newspaper or newspapers of general circulation 

that provides meaningful public notice within the jurisdiction(s) served by the 

POTW, a list of all non-domestic users which, at any time in the previous 12 

months, were in significant noncompliance as defined in 40 CFR 403.8 

(f)(2)(viii). 

k) Maintain adequate staff, funds and equipment to implement its pretreatment 

program. 

l) Conduct an analysis annually to determine whether influent pollutant loadings 

are approaching the maximum allowable headworks loadings calculated in the 

permittee’s most recent local limits calculations. Any local limits found to be 

inadequate by this analysis must be revised. The permittee may be required to 

revise existing local limits or develop new limits if deemed necessary by EPA. 
Permit No.: WA0037168 

Page 16 of 41 

2. Spill Prevention and Slug Discharges 

The permittee must implement an accidental spill prevention program to reduce 

and prevent spills and slug discharges of pollutants from non-domestic users. 

a) Control mechanisms for SIUs must contain requirements to control slug 

discharges if determined by the POTW to be necessary [40 CFR 

403.8(f)(1)(iii)(B)(6)]. 

b) SIUs must be evaluated for the need for a plan or other action to control slug 

discharges within 1 year of being designated an SIU. For IUs designated as 

significant prior to November 14, 2005, this evaluation must be conducted by 

October 14, 2006 [40 CFR 403.8(f)(2)(vi)]. 

c) SIUs must notify the POTW immediately of any changes at their facilities 

affecting the potential for a slug discharge [40 CFR 403.8(f)(2(vi)]. 

3. Enforcement Requirement 

Whenever EPA finds, on the basis of any available information, that the owner or 

operator of any source is introducing a pollutant into the POTW in violation of 

national pretreatment standards, including prohibited discharges, local limits, or 

categorical standards, or has caused interference or pass through, EPA may notify 

the owner or operator of the POTW of such violation. If, within 30 days after 

such notification has been sent by EPA to the POTW, the POTW fails to 

commence appropriate enforcement action to correct the violation, EPA may take 

appropriate enforcement action under the authority provided in section 309(f) of 

the Clean Water Act. 

4. Modification of the Pretreatment Program 

If the permittee elects to modify any components of its pretreatment program, it 

must comply with the requirements of 40 CFR 403.18. No substantial program 

modification, as defined in 40 CFR 403.18(b), may be implemented prior to 

receiving written authorization from EPA. 

5. Local Limits Evaluation 

By December 31, 2015, the permittee must submit to EPA a complete local limits 

evaluation pursuant to 40 CFR 403.5(c)(1). The study must take into account 

water quality in the receiving stream, inhibition levels for biological processes in 

the treatment plant, and sludge quality goals. The study must address at least the 

following pollutants: arsenic, 5-day biochemical oxygen demand, cadmium, 

chromium, copper, cyanide, lead, mercury, molybdenum, nickel, selenium, silver, 

total suspended solids, and zinc and any other pollutants of concern. The 

permittee must address total ammonia as N if the POTW accepts non-domestic 

discharges of ammonia. Submitted results of the study must include proposed 

local limits, maximum allowable headworks loadings, all supporting calculations, 

and all assumptions.

6. Control of Undesirable Pollutants 
Permit No.: WA0037168 

Page 17 of 41 

The permittee must not allow introduction of the following pollutants into the 

publicly owned treatment works (POTW): 

a) Pollutants which will create a fire or explosion hazard in the POTW, 

including, but not limited to, wastestreams with a closed cup flashpoint of less 

than 140 oF or 60 oC using the test methods specified in 40 CFR 261.21; 

b) Pollutants which will cause corrosive structural damage to the POTW, but in 

no case, discharges with a pH lower than 5.0, unless the POTW is designed to 

accommodate such discharges; 

c) Solid or viscous pollutants in amounts which will cause obstruction to the 

flow in the POTW (including the collection system) resulting in interference; 

d) Any pollutant, including oxygen demanding pollutants (BOD, etc.), released 

in a discharge at a flow rate and/or pollutant concentration which will cause 

interference with the POTW; 

e) Heat in amounts which inhibit biological activity in the POTW resulting in 

interference, but in no case heat in such quantities that the temperature at the 

POTW treatment plant exceeds 40 oC (104 oF) unless the Regional 

Administrator, upon request of the POTW, approves alternate temperature 

limits; 

f) Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin 

in amounts that will cause interference or pass through; 

g) Pollutants which result in the presence of toxic gases, vapors, or fumes within 

the POTW in a quantity that may cause acute worker health and safety 

problems; and 

h) Any trucked or hauled pollutants, except at discharge points designated by the 

POTW. 

7. Requirements for Industrial users 

The permittee must require any industrial user of its treatment works to comply 

with any applicable requirements in 40 CFR 403 through 471. 

8. Sampling Requirements 

a) Parameters: The permittee must sample influent and effluent from the POTW 

for arsenic, cadmium, chromium, copper, cyanide, lead, mercury, 

molybdenum, nickel, selenium, silver, and zinc. Metals must be analyzed 

and reported as total metals. If the POTW accepts ammonia from industrial 

sources, the permittee must also sample the POTW influent and effluent for 

ammonia. The permittee must sample sludge for arsenic, cadmium, copper, 

lead, mercury, molybdenum, nickel, percent solids, selenium and zinc. 

b) Frequency: Sampling must be conducted twice per year: once between 

January 1 and June 30 and once between July 1 and December 31, the two 

sampling events must be approximately 6 months apart. 
Permit No.: WA0037168 

Page 18 of 41 

Sampling Locations and Sample Type: The permittee must sample as 

described in Table 4.

Table 4: Pretreatment Monitoring - Sample Types and Frequency

Wastestream Sample Type Frequency

Influent 24-hour Composite1 3 days within a week (Mon - Fri)

Effluent 24-hour Composite1 3 days within a week (Mon - Fri)

Sludge Grab Once, during the same time period 

that influent and effluent samples are 

being taken

Note: Influent and effluent samples for cyanide must be collected and analyzed as 

required in paragraph H.8. of this Part.

c) Analytical Methods: For influent and effluent pretreatment sampling, the 

permittee must use EPA-approved analytical methods that achieve the method 

detection limits (MDLs) or minimum level (ML) in Table 5, unless higher 

detection limits are approved by EPA. Requests for higher MDLs for 

pretreatment monitoring must be submitted in writing to the Pretreatment 

Coordinator at the address in paragraph 8, below.

Table 5: Method Detection Limits

Parameter MDL/ML, μg/l

Arsenic 0.5

Cadmium 0.1

Chromium 1.0

Copper 1.0

Cyanide 5.0

Lead 1.0

Mercury 0.005

Nickel 1.0

Silver 0.2

Zinc 0.05

d) Sludge Sampling: Sludge samples must be taken as the sludge leaves the 

dewatering device or digesters. 

e) Sludge Reporting: Metals concentrations in sludge must be reported in mg/kg, 

dry weight. 

f) Reporting Results: Analytical results for each day’s samples must be reported 

separately. Sample results must be submitted with the pretreatment annual 

report required in paragraph I., below. 

g) Cyanide sampling: Influent and effluent sampling for cyanide must be 

conducted as follows. Eight discrete grab samples must be collected over a 
Permit No.: WA0037168 

Page 19 of 41 

24-hour day. Each grab sample must be at least 100 ml. Each sample must be 

checked for the presence of chlorine and/or sulfides prior to preserving and 

compositing (refer to Standard Methods, 4500-CN B). If chlorine and/or 

sulfides are detected, the sample must be treated to remove any trace of these 

parameters. After testing and treating for the interference compounds, the pH 

of each sample must be adjusted, using sodium hydroxide, to 12.0 standard 

units. Each sample can then be composited into a larger container which has 

been chilled to 4 degrees Celsius, to allow for one analysis for the day. 

h) Toxic organics sampling: The permittee must perform chemical analyses of 

its influent, effluent, and sludge for all specific toxic organic pollutants listed 

in Table II of Appendix D of 40 CFR 122. 

(i) Sample Type: The influent and effluent samples must be 24-hour 

composites, except when sampling volatiles. 

(ii) Frequency: Sampling must be conducted once per year.

(iii) Volatile Organics Sampling: eight discrete samples must be collected 

over the 24 hour day using 40 ml VOC vials with teflon septa. During 

sampling, the flow from the discharge will be controlled to produce 

smooth laminar flow to prevent agitation and aeration of the sample. 

The VOC vials will be filled to the top such that there is a meniscus 

present. There must be no visible air space or air bubbles in the VOC 

vials when capped. A single analysis for volatile pollutants may be 

run for each monitoring day by compositing equal volumes of the 

individual discrete VOC vials (at the analytical laboratory using 

extreme care not to introduce air/air bubbles) directly into the GC 

purge and trap apparatus, with no less than 1 ml of each grab included 

in the composite. The composite sample must be analyzed 

immediately. 

(iv) GC/MS Analysis: In addition to analyzing for pollutants specified in 

the previous paragraph, the permittee must make a reasonable attempt 

using GC/MS analytical techniques to identify and quantify the ten 

most abundant constituents of each effluent extract (excluding toxic 

organic pollutants and unsubstituted aliphatic compounds) shown to be 

present by peaks on the total ion plots (reconstructed gas 

chromatograms). Identification must be attempted through the use of 

the USEPA/NIH computerized library of mass spectra, with visual 

confirmation by an experienced analyst. Quantification may be an 

order-of-magnitude estimate based upon comparison with an internal 

standard. 

(v) Sample Handling: All samples must be prepared, preserved, shipped, 

and analyzed in accordance with USEPA Methods 624 and 625. 

9. Pretreatment Report 

a) The permittee must submit an annual report pursuant to 40 CFR 403.12(i) that 

describes the permittee’s program activities over the January 1 – December 31 
Permit No.: WA0037168 

Page 20 of 41 

report year. This report must be submitted to the following addresses no later 

than February 15 of each year: 

original to: 

Pretreatment Coordinator 

U.S. Environmental Protection Agency 

Region 10, OWW-130 

1200 Sixth Avenue, Suite 900 

Seattle, WA 98101-3140

copy to: 

The Puyallup Tribe

Environmental Department 

3009 E. Portland Ave, 

Tacoma, WA 98404 

copy to: 

Pretreatment Coordinator 

Department of Ecology, Southwest Regional Office 

P.O. Box 47775 

Olympia, WA 98504-7775 

b) The pretreatment report must be compiled following the Region 10 Annual 

Report Guidance. At a minimum, the report must include: 

(i) An updated non-domestic user inventory, including those facilities that 

are no longer discharging (with explanation), and new dischargers, 

appropriately categorized and characterized. Categorical users should 

have the applicable category noted as well as cases where more 

stringent local limits apply instead of the categorical standard. 

(ii) Results of wastewater and sludge sampling at the POTW as specified 

in Part II.A.8 (above). 

(iii) Calculations of removal rates for each pollutant for each day of 

sampling. 

(iv) An analysis and discussion of whether the existing local limitations in 

the permittee's sewer use ordinance continue to be appropriate to 

prevent treatment plant interference and pass through of pollutants that 

could affect water quality or sludge quality. This should include a 

comparison between influent loadings and the most recent relevant 

maximum allowable headworks loadings calculated for the treatment 

plant. 

(v) Status of program implementation, including: 

(a) Any planned modifications to the pretreatment program that have 

been approved by EPA, including staffing and funding updates. 
Permit No.: WA0037168 

Page 21 of 41 

(b) A description of any interference, upset, or NPDES permit 

violations experienced at the POTW which were directly or 

indirectly attributable to non-domestic users, including: 

(i) Date & time of the incident 

(ii) Description of the effect on the POTW’s operation 

(iii) Effects on the POTW’s effluent and biosolids quality 

(iv) Identification of suspected or known sources of the discharge 

causing the upset 

(v) Steps taken to remedy the situation and to prevent recurrence 

(c) Listing of non-domestic users inspected and/or monitored during 

the report year with dates and an indication compliance status. 

(d) Listing of non-domestic users planned for inspection and/or 

monitoring for the coming year along with associated frequencies. 

(e) Listing of non-domestic users whose permits have been issued, 

reissued, or modified during the report year along with current 

permit expiration dates. 

(f) Listing of non-domestic users notified of promulgated pretreatment 

standards and/or local standards during the report year as required 

in 40 CFR 403.8(f)(2)(iii). 

(g) Listing of non-domestic users notified of promulgated pretreatment 

standards or applicable local standards who are on compliance 

schedules. The listing must include the final date of compliance 

for each facility. 

(vi) Status of enforcement activities including: 

(a) Listing of non-domestic users who failed to comply with 

applicable pretreatment standards and requirements, including: 

(i) Summary of the violation(s). 

(ii) Enforcement action taken or planned by the permittee. 

(iii) Present compliance status as of the date of preparation of the 

pretreatment report. 

(b) Listing of those users in significant noncompliance during the 

report year as defined in 40 CFR 403.8(f)(2)(viii) and a copy of the 

newspaper publication of those users’ names. 

(c) EPA may require more frequent reporting on those users who are 

determined to be in significant noncompliance. 

B. Arsenic Monitoring 

The permittee must conduct arsenic monitoring for five years to assist in determining 

if there is reasonable potential for inorganic arsenic to exceed human health criteria. 
Permit No.: WA0037168 

Page 22 of 41 

The permittee must monitor treatment plant influent and effluent quarterly for 

inorganic arsenic and total recoverable arsenic for five years. The permittee must also 

monitor the upstream receiving water for inorganic, dissolved, and total recoverable 

arsenic quarterly (coinciding where possible with quarterly arsenic monitoring of 

plant influent and effluent) for five years. The monitoring results must be submitted 

to EPA with the application for permit renewal and on the DMRs. 

C. Mercury Minimization Plan 

The permittee must develop and implement a mercury minimization plan that 

identifies potential sources of mercury and the measures to reduce or eliminate 

mercury loading. Written notice must be submitted to the EPA and Tribe that the 

plan has been developed and implemented within 90 days of the effective date of this 

permit. Any existing emergency response and public notification plan may be 

modified for compliance with this section. The mercury minimization plan should 

include the following:

1. A program plan which includes the permittee’s commitments for: 

a) Identification of potential sources of mercury that contribute to discharge 

concentrations (includes a review of existing data); 

b) Reasonable, cost-effective activities to reduce or eliminate mercury loadings 

from identified sources; 

c) Tracking mercury source reduction implementation and mercury source 

monitoring; 

d) Quarterly monitoring of POTW influent and effluent; 

e) Resources and staffing; 

2. Implementation of cost-effective control measures for direct and indirect 

contributors; and 

3. An annual status report submitted to the EPA and Tribe, which includes: 

a) A list of potential mercury sources; 

b) A summary of actions taken to reduce or eliminate mercury discharges to 

progress toward meeting water quality standards; 

c) Mercury source reduction implementation, source monitoring results, influent 

and effluent, and results for the previous year; and proposed revisions to the 

program plan based on findings from the previous year. 

D. Lead and Zinc Study 

By November 1, 2016, the permittee must complete a study to determine the 

source(s) of lead and zinc in the wastewater treatment plant effluent and identify 

opportunities for reduction of lead and zinc levels at the source. Submit the study to 

the Tribe, EPA, and Ecology.
Permit No.: WA0037168 

Page 23 of 41 

E. Operation and Maintenance Plan 

In addition to the requirements specified in Section IV.E. of this permit (Proper 

Operation and Maintenance), the permittee must provide written notice to EPA that 

an operations and maintenance plan for the current wastewater treatment facility has 

been updated as needed and is being implemented within 180 days of the effective 

date of this permit. The plan shall be retained on site and made available on request 

to EPA and the Puyallup Tribe. Any changes occurring in the operation of the plant 

shall be reflected within the Operation and Maintenance plan. 

F. Quality Assurance Plan (QAP) 

The permittee must develop a quality assurance plan (QAP) for all monitoring 

required by this permit. The permittee must submit written notice to EPA that the 

Plan has been developed and implemented within 180 days of the effective date of 

this permit. Any existing QAPs may be modified for compliance with this section. 

1. The QAP must be designed to assist in planning for the collection and analysis of 

effluent and receiving water samples in support of the permit and in explaining 

data anomalies when they occur. 

2. Throughout all sample collection and analysis activities, the permittee must use 

the EPA-approved QA/QC and chain-of-custody procedures described in EPA 

Requirements for Quality Assurance Project Plans (EPA/QA/R-5) and Guidance 

for Quality Assurance Project Plans (EPA/QA/G-5). The QAP must be prepared 

in the format that is specified in these documents. 

3. At a minimum, the QAP must include the following: 

a) Details on the number of samples, type of sample containers, preservation of 

samples, holding times, analytical methods, analytical detection and 

quantitation limits for each target compound, type and number of quality 

assurance field samples, precision and accuracy requirements, sample 

preparation requirements, sample shipping methods, and laboratory data 

delivery requirements. 

b) Map(s) indicating the location of each sampling point. 

c) Qualification and training of personnel. 

d) Name(s), address(es) and telephone number(s) of the laboratories used by or 

proposed to be used by the permittee. 

4. The permittee must amend the QAP whenever there is a modification in sample 

collection, sample analysis, or other procedure addressed by the QAP. 

5. Copies of the QAP must be kept on site and made available to EPA and/or the 

Puyallup Tribe upon request. 

G. Facility Planning Requirement 

Each year, the permittee must compute an annual average value for the flow, BOD5 

loading, and TSS loading entering the facility based on the previous twelve months 
Permit No.: WA0037168 

Page 24 of 41 

data. If the facility has completed a plant upgrade that affects the facility planning 

values listed in Table 6, only the data collected after the upgrade should be used in 

determining the annual average value.

When the annual average values exceed 85% of the facility planning values listed in 

Table 6, the permittee must develop a facility plan and schedule within one year from 

the date of the first exceedance. The plan must include the permittee’s strategy for 

continuing to maintain compliance with effluent limits and will be made available to 

the Director, the Puyallup Tribe, or an authorized representative upon request. 

Table 6 - Facility Planning

Criteria Value Units

Maximum Month Flow 13.98 mgd

Influent BOD5 Loading 14,525 lbs/day

Influent TSS Loading 15,550 lbs/day

H. Emergency Response and Public Notification Plan 

1. The permittee must develop and implement an overflow emergency response and 

public notification plan that identifies measures to protect public health from 

overflows that may endanger health and unanticipated bypasses or upsets that 

exceed any effluent limitation in the permit. At a minimum the plan must include 

mechanisms to: 

a) Ensure that the permittee is aware (to the greatest extent possible) of all 

overflows from portions of the collection system over which the permittee has 

ownership or operational control and unanticipated bypass or upset that 

exceed any effluent limitation in the permit; 

b) Ensure appropriate responses including assurance that reports of an overflow 

or of an unanticipated bypass or upset that exceed any effluent limitation in 

the permit are immediately dispatched to appropriate personnel for 

investigation and response; 

c) Ensure immediate notification to the public, health agencies, and other 

affected public entities (including public water systems). The overflow 

response plan must identify the public health and other officials who will 

receive immediate notification; 

d) Ensure that appropriate personnel are aware of and follow the plan and are 

appropriately trained; and 

e) Provide emergency operations. 

2. The permittee must submit written notice to EPA and the Puyallup Tribe that the 

plan has been developed and implemented within 180 days of the effective date

of this permit. Any existing emergency response and public notification plan may 

be modified for compliance with this section. 
Permit No.: WA0037168 

Page 25 of 41 

III. Monitoring, Recording and Reporting Requirements

A. Representative Sampling (Routine and Non-Routine Discharges) 

Samples and measurements must be representative of the volume and nature of the 

monitored discharge. 

In order to ensure that the effluent limits set forth in this permit are not violated at 

times other than when routine samples are taken, the permittee must collect additional 

samples at the appropriate outfall whenever any discharge occurs that may reasonably 

be expected to cause or contribute to a violation that is unlikely to be detected by a 

routine sample. The permittee must analyze the additional samples for those 

parameters limited in Part I.B. of this permit that are likely to be affected by the 

discharge. 

The permittee must collect such additional samples as soon as the spill, discharge, or 

bypassed effluent reaches the outfall. The samples must be analyzed in accordance 

with paragraph III.C (“Monitoring Procedures”). The permittee must report all 

additional monitoring in accordance with paragraph III.D (“Additional Monitoring by 

Permittee”). 

B. Reporting of Monitoring Results 

During the period between the effective date of the permit and six months from the 

effective date of the permit, the permittee must either submit monitoring data and 

other reports in paper form, or must report electronically using NetDMR, a web-based 

tool that allows permittees to electronically submit DMRs and other required reports 

via a secure internet connection. 

After six months of the effective date of the permit, the permittee must submit 

monitoring data and other reports electronically using NetDMR to the EPA. The 

permittee must continue to provide paper copy submissions to Puyallup Tribe after 

electronic submission to EPA has started, and continue for the duration of the permit.

Specific requirements regarding submittal of data and reports in paper copies, and 

submittal using NetDMR are described below. 

1. Paper Copy Submissions 

Monitoring data must be submitted using the DMR form (EPA No. 3320-1) or 

equivalent and must be postmarked by the 20th day of the month following the 

completed reporting period. The permittee must sign and certify all DMRs, and 

all other reports, in accordance with the requirements of Part V.E, of this permit 

Signatory Requirements. The permittee must submit the legible originals of these 

documents to the Director, Office of Compliance and Enforcement, with copies to 

the Puyallup Tribe at the following addresses below:
Permit No.: WA0037168 

Page 26 of 41 

US EPA Region 10 

Attn: ICIS Data Entry Team 

1200 Sixth Avenue, Suite 900 

OCE-133

Seattle, Washington 98101-3140 

The Puyallup Tribe

Environmental Department 

3009 E. Portland Ave, 

Tacoma, WA 98404 

Department of Ecology 

Southwest Regional Office 

P.O. Box 47775 

Olympia, WA 98504-7775 

2. Electronic Copy Submissions to EPA 

a) Monitoring data must be submitted electronically to EPA no later than the 20th

of the month following the completed reporting period. All reports required 

under this permit must be submitted to EPA as a legible electronic attachment to 

the DMR. The permittee must sign and certify all DMRs, and all other reports, in 

accordance with the requirements of Part V.E, of this permit Signatory 

Requirements. Once a permittee begins submitting reports using NetDMR, it will 

no longer be required to submit paper copies of DMRs or other reports to EPA or 

the Department of Ecology. Paper submissions to the Puyallup Tribe remains 

unchanged and shall continue for the duration of the permit.

b) The permittee may use NetDMR after requesting and receiving permission 

from US EPA Region 10. NetDMR is accessed from http://www.epa.gov/netdmr.

3. Annual Report to U.S. Fish and Wildlife Service, Washington Office (USFWS) 

National Marine Fisheries Service (NMFS) and the Puyallup Tribe.

a) The City of Puyallup shall provide an annual report to the USFWS, NMFS 

and the Puyallup Tribe by February 15 each year. The annual report shall 

compile and summarize data and information from Discharge Monitoring 

Reports submitted by the City of Puyallup, and shall include the following: 

(i) A summary of maximum reported effluent discharge concentration 

(ii) A summary of any reported effluent limit violations. 

(iii) A summary of any reported emergency and/or non-compliance events, 

including any instances when the WWTP discharged under bypass or 

upset conditions. 

(iv) A summary of surface/receiving water monitoring data. 

(v) Results of annual Whole Effluent Toxicity testing. 

(vi) A summary if there have been any significant revisions to the facility 

operation and maintenance (O&M) plan. 
Permit No.: WA0037168 

Page 27 of 41 

b) The City of Puyallup shall submit annual reports to the USFWS, Western 

Washington Office in Lacey, Washington

US Department of Interior 

US Fish and Wildlife Service 

Western Washington Office 

US Fish and Wildlife Office 

510 Desmond Drive SE, Suite 102 

Lacey, WA 98503-1273 

Attn: Federal Activities Branch, Division of Consultation and 

Conservation Planning):

c) The City of Puyallup shall submit annual reports to the NMFS, Northwest 

Region in Seattle, Washington (NMFS Tracking No. 2012/1103):

United States Department of Commerce 

National Oceanic and Atmospheric Administration 

National Marine Fisheries Service 

Lacey Office

510 Desmond Drive Southeast, Suite 103 

Lacey, WA 98503 

Att: Scott Anderson 

d) In substitute for any part of the annual report, the City of Puyallup may 

instead choose to send an electronic (e-mail) notification directing the USFS 

and NMFS to specific, relevant information which is available on-line (e.g., 

the EPA's Envirofacts web-site). Email notification shall be given once 

annually by February 15 each year of the permit term (2012-2017), to the 

USFS Federal Activities Branch, Division of Consultation and Conservation 

Planning, the NMFS Lacey Office and the Puyallup Tribal Office. Identify 

for the USFWS Reference No. 13410-2011-F-0148 and identify for the NMFS 

Office, NMFS Tracking No. 2012/1103.

C. Monitoring Procedures 

Monitoring must be conducted according to test procedures approved under 40 CFR 

136, unless other test procedures have been specified in this permit or approved by 

EPA as an alternate test procedure under 40 CFR 136.5. 

D. Additional Monitoring by Permittee 

If the permittee monitors any pollutant more frequently than required by this permit, 

using test procedures approved under 40 CFR 136 or as specified in this permit, the 

permittee must include the results of this monitoring in the calculation and reporting 

of the data submitted in the DMR. 

Upon request by EPA, the permittee must submit results of any other sampling, 

regardless of the test method used. 
Permit No.: WA0037168 

Page 28 of 41 

E. Records Contents 

Records of monitoring information must include: 

1. the date, exact place, and time of sampling or measurements; 

2. the name(s) of the individual(s) who performed the sampling or measurements; 

3. the date(s) analyses were performed; 

4. the names of the individual(s) who performed the analyses; 

5. the analytical techniques or methods used; and 

6. the results of such analyses. 

F. Retention of Records 

The permittee must retain records of all monitoring information, including, all 

calibration and maintenance records and all original strip chart recordings for 

continuous monitoring instrumentation, copies of all reports required by this permit, 

copies of DMRs, a copy of the NPDES permit, and records of all data used to 

complete the application for this permit, for a period of at least five years from the 

date of the sample, measurement, report or application. This period may be extended 

by request of EPA. 

G. Twenty-four Hour Notice of Noncompliance Reporting 

1. The permittee must report the following occurrences of noncompliance by 

telephone within 24 hours from the time the permittee becomes aware of the 

circumstances: 

a) any noncompliance that may endanger health or the environment; 

b) any unanticipated bypass that exceeds any effluent limitation in the permit 

(See Part IV.F., “Bypass of Treatment Facilities”); 

c) any upset that exceeds any effluent limitation in the permit (See Part IV.G., 

“Upset Conditions”); or 

d) any violation of a maximum daily discharge limitation for applicable 

pollutants identified in Part I.B. 

e) any overflow prior to the treatment works over which the permittee has 

ownership or has operational control. An overflow is any spill, release or 

diversion of municipal sewage including: 

(i) an overflow that results in a discharge to waters of the United States; 

and 

(ii) an overflow of wastewater, including a wastewater backup into a 

building (other than a backup caused solely by a blockage or other 

malfunction in a privately owned sewer or building lateral) that does 

not reach waters of the United States. 
Permit No.: WA0037168 

Page 29 of 41 

2. The permittee must also provide a written submission within five days of the time 

that the permittee becomes aware of any event required to be reported under 

subpart 1 above. The written submission must contain: 

a) a description of the noncompliance and its cause; 

b) the period of noncompliance, including exact dates and times; 

c) the estimated time noncompliance is expected to continue if it has not been 

corrected; and 

d) steps taken or planned to reduce, eliminate, and prevent recurrence of the 

noncompliance. 

e) if the noncompliance involves an overflow, the written submission must 

contain: 

(i) The location of the overflow; 

(ii) The receiving water (if there is one); 

(iii) An estimate of the volume of the overflow; 

(iv) A description of the sewer system component from which the release 

occurred (e.g., manhole, constructed overflow pipe, crack in pipe); 

(v) The estimated date and time when the overflow began and stopped or 

will be stopped; 

(vi) The cause or suspected cause of the overflow; 

(vii) Steps taken or planned to reduce, eliminate, and prevent reoccurrence 

of the overflow and a schedule of major milestones for those steps; 

(viii) An estimate of the number of persons who came into contact with 

wastewater from the overflow; and 

(ix) Steps taken or planned to mitigate the impact(s) of the overflow and a 

schedule of major milestones for those steps. 

3. The Director of the Office of Compliance and Enforcement may waive the written 

report on a case-by-case basis if the oral report has been received within 24 hours 

by the NPDES Compliance Hotline in Seattle, Washington, by telephone, (206) 

553-1846.

4. Reports must be submitted to the three addresses in Part III.B (“Reporting of 

Monitoring Results”). The reports must be sent to the Puyallup Tribe and to 

Ecology even if NetDMR is being used to submit documentation to EPA. 

H. Other Noncompliance Reporting 

The permittee must report all instances of noncompliance, not required to be reported 

within 24 hours, at the time that monitoring reports for Part III.B (“Reporting of 

Monitoring Results”) are submitted. The reports must contain the information listed 

in Part III.G.2 of this permit (“Twenty-four Hour Notice of Noncompliance 

Reporting”). 
Permit No.: WA0037168 

Page 30 of 41 

I. Public Notification 

The permittee must immediately notify the public, health agencies and other affected 

entities (e.g., public water systems) of any overflow which the permittee owns or has 

operational control; or any unanticipated bypass or upset that exceeds any effluent 

limitation in the permit in accordance with the notification procedures developed in 

accordance with Part II.F.

J. Notice of New Introduction of Toxic Pollutants 

The permittee must notify the Director of the Office of Water and Watersheds and the 

Puyallup Tribe in writing of: 

1. Any new introduction of pollutants into the POTW from an indirect discharger 

which would be subject to Sections 301 or 306 of the Act if it were directly 

discharging those pollutants; and 

2. Any substantial change in the volume or character of pollutants being introduced 

into the POTW by a source introducing pollutants into the POTW at the time of 

issuance of the permit. 

3. For the purposes of this section, adequate notice must include information on: 

a) The quality and quantity of effluent to be introduced into the POTW, and 

b) Any anticipated impact of the change on the quantity or quality of effluent to 

be discharged from the POTW. 

4. The permittee must notify the Director of the Office of Water and Watersheds at 

the following address: 

US EPA Region 10 

Attn: NPDES Permits Unit Manager 

1200 Sixth Avenue, Suite 900 

OWW-130

Seattle, WA 98101-3140

IV. Compliance Responsibilities

A. Duty to Comply 

The permittee must comply with all conditions of this permit. Any permit 

noncompliance constitutes a violation of the Act and is grounds for enforcement 

action, for permit termination, revocation and reissuance, or modification, or for 

denial of a permit renewal application. 

B. Penalties for Violations of Permit Conditions 

1. Civil and Administrative Penalties. Pursuant to 40 CFR Part 19 and the Act, any 

person who violates section 301, 302, 306, 307, 308, 318 or 405 of the Act, or any 

permit condition or limitation implementing any such sections in a permit issued 

under section 402, or any requirement imposed in a pretreatment program 

approved under sections 402(a)(3) or 402(b)(8) of the Act, is subject to a civil 
Permit No.: WA0037168 

Page 31 of 41 

penalty not to exceed the maximum amounts authorized by Section 309(d) of the 

Act and the Federal Civil Penalties Inflation Adjustment Act (28 U.S.C. § 2461 

note) as amended by the Debt Collection Improvement Act (31 U.S.C. § 3701 

note) (currently $37,500 per day for each violation). 

2. Administrative Penalties. Any person may be assessed an administrative penalty 

by the Administrator for violating section 301, 302, 306, 307, 308, 318 or 405 of 

this Act, or any permit condition or limitation implementing any of such sections 

in a permit issued under section 402 of this Act. Pursuant to 40 CFR 19 and the 

Act, administrative penalties for Class I violations are not to exceed the maximum 

amounts authorized by Section 309(g)(2)(A) of the Act and the Federal Civil 

Penalties Inflation Adjustment Act (28 U.S.C. § 2461 note) as amended by the 

Debt Collection Improvement Act (31 U.S.C. § 3701 note) (currently $16,000 per 

violation, with the maximum amount of any Class I penalty assessed not to 

exceed $37,500). Pursuant to 40 CFR 19 and the Act, penalties for Class II 

violations are not to exceed the maximum amounts authorized by Section 

309(g)(2)(B) of the Act and the Federal Civil Penalties Inflation Adjustment Act 

(28 U.S.C. § 2461 note) as amended by the Debt Collection Improvement Act (31 

U.S.C. § 3701 note) (currently $16,000 per day for each day during which the 

violation continues, with the maximum amount of any Class II penalty not to 

exceed $177,500). 

3. Criminal Penalties: 

a) Negligent Violations. The Act provides that any person who negligently 

violates sections 301, 302, 306, 307, 308, 318, or 405 of the Act, or any 

condition or limitation implementing any of such sections in a permit issued 

under section 402 of the Act, or any requirement imposed in a pretreatment 

program approved under section 402(a)(3) or 402(b)(8) of the Act, is subject 

to criminal penalties of $2,500 to $25,000 per day of violation, or 

imprisonment of not more than 1 year, or both. In the case of a second or 

subsequent conviction for a negligent violation, a person shall be subject to 

criminal penalties of not more than $50,000 per day of violation, or by 

imprisonment of not more than 2 years, or both. 

b) Knowing Violations. Any person who knowingly violates such sections, or 

such conditions or limitations is subject to criminal penalties of $5,000 to 

$50,000 per day of violation, or imprisonment for not more than 3 years, or 

both. In the case of a second or subsequent conviction for a knowing 

violation, a person shall be subject to criminal penalties of not more than 

$100,000 per day of violation, or imprisonment of not more than 6 years, or 

both. 

c) Knowing Endangerment. Any person who knowingly violates section 301, 

302, 303, 306, 307, 308, 318 or 405 of the Act, or any permit condition or 

limitation implementing any of such sections in a permit issued under section 

402 of the Act, and who knows at that time that he thereby places another 

person in imminent danger of death or serious bodily injury, shall, upon 

conviction, be subject to a fine of not more than $250,000 or imprisonment of 
Permit No.: WA0037168 

Page 32 of 41 

not more than 15 years, or both. In the case of a second or subsequent 

conviction for a knowing endangerment violation, a person shall be subject to 

a fine of not more than $500,000 or by imprisonment of not more than 30 

years, or both. An organization, as defined in section 309(c)(3)(B)(iii) of the 

Act, shall, upon conviction of violating the imminent danger provision, be 

subject to a fine of not more than $1,000,000 and can be fined up to 

$2,000,000 for second or subsequent convictions. 

d) False Statements. The Act provides that any person who falsifies, tampers 

with, or knowingly renders inaccurate any monitoring device or method 

required to be maintained under this permit shall, upon conviction, be 

punished by a fine of not more than $10,000, or by imprisonment for not more 

than 2 years, or both. If a conviction of a person is for a violation committed 

after a first conviction of such person under this paragraph, punishment is a 

fine of not more than $20,000 per day of violation, or by imprisonment of not 

more than 4 years, or both. The Act further provides that any person who 

knowingly makes any false statement, representation, or certification in any 

record or other document submitted or required to be maintained under this 

permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than 

$10,000 per violation, or by imprisonment for not more than 6 months per 

violation, or by both. 

C. Need To Halt or Reduce Activity not a Defense 

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

been necessary to halt or reduce the permitted activity in order to maintain 

compliance with this permit. 

D. Duty to Mitigate 

The permittee must take all reasonable steps to minimize or prevent any discharge in 

violation of this permit that has a reasonable likelihood of adversely affecting human 

health or the environment. 

E. Proper Operation and Maintenance 

The permittee must at all times properly operate and maintain all facilities and 

systems of treatment and control (and related appurtenances) which are installed or 

used by the permittee to achieve compliance with the conditions of this permit. 

Proper operation and maintenance also includes adequate laboratory controls and 

appropriate quality assurance procedures. This provision requires the operation of 

back-up or auxiliary facilities or similar systems which are installed by the permittee 

only when the operation is necessary to achieve compliance with the conditions of the 

permit. 
Permit No.: WA0037168 

Page 33 of 41 

F. Bypass of Treatment Facilities 

1. Bypass not exceeding limitations. The permittee may allow any bypass to occur 

that does not cause effluent limitations to be exceeded, but only if it also is for 

essential maintenance to assure efficient operation. These bypasses are not 

subject to the provisions of paragraphs 2 and 3 of this Part. 

2. Notice. 

a) Anticipated bypass. If the permittee knows in advance of the need for a 

bypass, it must submit prior written notice, if possible at least 10 days before 

the date of the bypass. 

b) Unanticipated bypass. The permittee must submit notice of an unanticipated 

bypass as required under Part III.G (“Twenty-four Hour Notice of 

Noncompliance Reporting”). 

3. Prohibition of bypass. 

a) Bypass is prohibited, and the Director of the Office of Compliance and 

Enforcement may take enforcement action against the permittee for a bypass, 

unless: 

(i) The bypass was unavoidable to prevent loss of life, personal injury, or 

severe property damage; 

(ii) There were no feasible alternatives to the bypass, such as the use of 

auxiliary treatment facilities, retention of untreated wastes, or 

maintenance during normal periods of equipment downtime. This 

condition is not satisfied if adequate back-up equipment should have 

been installed in the exercise of reasonable engineering judgment to 

prevent a bypass that occurred during normal periods of equipment 

downtime or preventive maintenance; and 

(iii) The permittee submitted notices as required under paragraph 2 of this 

Part. 

b) The Director of the Office of Compliance and Enforcement may approve an 

anticipated bypass, after considering its adverse effects, if the Director 

determines that it will meet the three conditions listed above in paragraph 3.a. 

of this Part. 

G. Upset Conditions 

1. Effect of an upset. An upset constitutes an affirmative defense to an action 

brought for noncompliance with such technology-based permit effluent 

limitations if the permittee meets the requirements of paragraph 2 of this Part. No 

determination made during administrative review of claims that noncompliance 

was caused by upset, and before an action for noncompliance, is final 

administrative action subject to judicial review. 
Permit No.: WA0037168 

Page 34 of 41 

2. Conditions necessary for a demonstration of upset. To establish the affirmative 

defense of upset, the permittee must demonstrate, through properly signed, 

contemporaneous operating logs, or other relevant evidence that: 

a) An upset occurred and that the permittee can identify the cause(s) of the upset; 

b) The permitted facility was at the time being properly operated; 

c) The permittee submitted notice of the upset as required under Part III.G, 

“Twenty-four Hour Notice of Noncompliance Reporting;” and 

d) The permittee complied with any remedial measures required under Part IV.D, 

“Duty to Mitigate.” 

3. Burden of proof. In any enforcement proceeding, the permittee seeking to 

establish the occurrence of an upset has the burden of proof. 

H. Toxic Pollutants 

The permittee must comply with effluent standards or prohibitions established under 

Section 307(a) of the Act for toxic pollutants within the time provided in the 

regulations that establish those standards or prohibitions, even if the permit has not 

yet been modified to incorporate the requirement. 

I. Planned Changes 

The permittee must give written notice to the Director of the Office of Water and 

Watersheds as specified in Part III.J.4. and the Puyallup Tribe as soon as possible of 

any planned physical alterations or additions to the permitted facility whenever: 

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

determining whether a facility is a new source as determined in 40 CFR 

122.29(b); or 

2. The alteration or addition could significantly change the nature or increase the 

quantity of pollutants discharged. This notification applies to pollutants that are 

not subject to effluent limitations in this permit. 

3. The alteration or addition results in a significant change in the permittee’s sludge 

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

application of permit conditions that are different from or absent in the existing 

permit, including notification of additional use or disposal sites not reported 

during the permit application process or not reported pursuant to an approved land 

application site. 

J. Anticipated Noncompliance 

The permittee must give written advance notice to the Director of the Office of 

Compliance and Enforcement and the Puyallup Tribe of any planned changes in the 

permitted facility or activity that may result in noncompliance with this permit. 
Permit No.: WA0037168 

Page 35 of 41 

K. Reopener 

This permit may be reopened to include any applicable standard for sewage sludge 

use or disposal promulgated under section 405(d) of the Act. The Director may 

modify or revoke and reissue the permit if the standard for sewage sludge use or 

disposal is more stringent than any requirements for sludge use or disposal in the 

permit, or controls a pollutant or practice not limited in the permit. 

V. General Provisions

A. Permit Actions 

This permit may be modified, revoked and reissued, or terminated for cause as 

specified in 40 CFR 122.62, 122.64, or 124.5. The filing of a request by the permittee 

for a permit modification, revocation and reissuance, termination, or a notification of 

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

B. Duty to Reapply 

If the permittee intends to continue an activity regulated by this permit after the 

expiration date of this permit, the permittee must apply for and obtain a new permit. 

In accordance with 40 CFR 122.21(d), and unless permission for the application to be 

submitted at a later date has been granted by the Regional Administrator, the 

permittee must submit a new application at least 180 days before the expiration date 

of this permit. 

C. Duty to Provide Information 

The permittee must furnish to EPA, within the time specified in the request, any 

information that EPA may request to determine whether cause exists for modifying, 

revoking and reissuing, or terminating this permit, or to determine compliance with 

this permit. The permittee must also furnish to EPA, the Puyallup Tribe, or the 

Department of Ecology, upon request, copies of records required to be kept by this 

permit. 

D. Other Information 

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

permit application, or that it submitted incorrect information in a permit application 

or any report to EPA, it must promptly submit the omitted facts or corrected 

information in writing. 

E. Signatory Requirements 

All applications, reports or information submitted to EPA must be signed and 

certified as follows. 

1. All permit applications must be signed as follows: 

a) For a corporation: by a responsible corporate officer. 
Permit No.: WA0037168 

Page 36 of 41 

b) For a partnership or sole proprietorship: by a general partner or the proprietor, 

respectively. 

c) For a municipality, state, federal, Indian tribe, or other public agency: by 

either a principal executive officer or ranking elected official. 

2. All reports required by the permit and other information requested by EPA must 

be signed by a person described above or by a duly authorized representative of 

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

a) The authorization is made in writing by a person described above; 

b) The authorization specifies either an individual or a position having 

responsibility for the overall operation of the regulated facility or activity, 

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

superintendent, position of equivalent responsibility, or an individual or 

position having overall responsibility for environmental matters for the 

company; and 

c) The written authorization is submitted to the Director of the Office of 

Compliance and Enforcement. 

3. Changes to authorization. If an authorization under Part V.E.2 is no longer 

accurate because a different individual or position has responsibility for the 

overall operation of the facility, a new authorization satisfying the requirements of 

Part V.E.2. must be submitted to the Director of the Office of Compliance and 

Enforcement prior to or together with any reports, information, or applications to 

be signed by an authorized representative. 

4. Certification. Any person signing a document under this Part must make the 

following certification: 

“I certify under penalty of law that this document and all attachments were 

prepared under my direction or supervision in accordance with a system 

designed to assure that qualified personnel properly gather and evaluate 

the information submitted. Based on my inquiry of the person or persons 

who manage the system, or those persons directly responsible for 

gathering the information, the information submitted is, to the best of my 

knowledge and belief, true, accurate, and complete. I am aware that there 

are significant penalties for submitting false information, including the 

possibility of fine and imprisonment for knowing violations.” 

F. Availability of Reports 

In accordance with 40 CFR 2, information submitted to EPA pursuant to this permit 

may be claimed as confidential by the permittee. In accordance with the Act, permit 

applications, permits and effluent data are not considered confidential. Any 

confidentiality claim must be asserted at the time of submission by stamping the 

words “confidential business information” on each page containing such information. 

If no claim is made at the time of submission, EPA may make the information 

available to the public without further notice to the permittee. If a claim is asserted, 
Permit No.: WA0037168 

Page 37 of 41 

the information will be treated in accordance with the procedures in 40 CFR 2, 

Subpart B (Public Information) and 41 Fed. Reg. 36902 through 36924 (September 1, 

1976), as amended. 

G. Inspection and Entry 

The permittee must allow the Director of the Office of Compliance and Enforcement, 

EPA Region 10; the Puyallup Tribe; or an authorized representative (including an 

authorized contractor acting as a representative of the Administrator), upon the 

presentation of credentials and other documents as may be required by law, to: 

1. Enter upon the permittee's premises where a regulated facility or activity is 

located or conducted, or where records must be kept under the conditions of this 

permit; 

2. Have access to and copy, at reasonable times, any records that must be kept under 

the conditions of this permit; 

3. Inspect at reasonable times any facilities, equipment (including monitoring and 

control equipment), practices, or operations regulated or required under this 

permit; and 

4. Sample or monitor at reasonable times, for the purpose of assuring permit 

compliance or as otherwise authorized by the Act, any substances or parameters at 

any location. 

H. Property Rights 

The issuance of this permit does not convey any property rights of any sort, or any 

exclusive privileges, nor does it authorize any injury to persons or property or 

invasion of other private rights, nor any infringement of federal, tribal, state or local 

laws or regulations. 

I. Transfers 

This permit is not transferable to any person except after written notice to the Director 

of the Office of Water and Watersheds as specified in Part III.J.4. The Director may 

require modification or revocation and reissuance of the permit to change the name of 

the permittee and incorporate such other requirements as may be necessary under the 

Act. (See 40 CFR 122.61; in some cases, modification or revocation and reissuance 

is mandatory). 

J. State Laws 

Nothing in this permit shall be construed to preclude the institution of any legal action 

or relieve the permittee from any responsibilities, liabilities, or penalties established 

pursuant to any applicable state law or regulation under authority preserved by 

Section 510 of the Act. 
Permit No.: WA0037168 

Page 38 of 41 

VI. Definitions

1. “Act” means the Clean Water Act. 

2. “Acute Toxic Unit” (“TUa”) is a measure of acute toxicity. TUa is the reciprocal 

of the effluent concentration that causes 50 percent of the organisms to die by the 

end on the acute exposure period (i.e., 100/”LC50”). 

3. “Administrator” means the Administrator of the EPA, or an authorized 

representative. 

4. “Average monthly discharge limitation” means the highest allowable average of 

“daily discharges” over a calendar month, calculated as the sum of all “daily 

discharges” measured during a calendar month divided by the number of “daily 

discharges” measured during that month. 

5. “Average weekly discharge limitation” means the highest allowable average of 

“daily discharges” over a calendar week, calculated as the sum of all “daily 

discharges” measured during a calendar week divided by the number of “daily 

discharges” measured during that week. 

6. “Best Management Practices” (BMPs) means schedules of activities, prohibitions 

of practices, maintenance procedures, and other management practices to prevent 

or reduce the pollution of waters of the United States. BMPs also include 

treatment requirements, operating procedures, and practices to control plant site 

runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material 

storage areas. 

7. “Bypass” means the intentional diversion of waste streams from any portion of a 

treatment facility. 

8. “Chronic toxic unit” (“TUc”) is a measure of chronic toxicity. TUc is the 

reciprocal of the effluent concentration that causes no observable effect on the test 

organisms by the end of the chronic exposure period (i.e., 100/“NOEC”). 

9. “Composite” - see “24-hour composite”. 

10. “Daily discharge” means the discharge of a pollutant measured during a calendar 

day or any 24-hour period that reasonably represents the calendar day for 

purposes of sampling. For pollutants with limitations expressed in units of mass, 

the “daily discharge” is calculated as the total mass of the pollutant discharged 

over the 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 day. 

11. “1-day maximum temperature” is the highest water temperature reached on any 

given day. This measure can be obtained using calibrated maximum/minimum 

thermometers or continuous monitoring probes having sampling intervals of one 

hour or less.

12. “Director of the Office of Compliance and Enforcement” means the Director of 

the Office of Compliance and Enforcement, EPA Region 10, or an authorized 

representative. 
Permit No.: WA0037168 

Page 39 of 41 

13. “Director of the Office of Water and Watersheds” means the Director of the 

Office of Water and Watersheds, EPA Region 10, or an authorized representative. 

14. “DMR” means discharge monitoring report. 

15. “EPA” means the United States Environmental Protection Agency. 

16. “Geometric Mean” means the nth root of a product of n factors, or the 

antilogarithm of the arithmetic mean of the logarithms of the individual sample 

values. 

17. “Grab” sample is an individual sample collected over a period of time not 

exceeding 15 minutes. 

18. “Inhibition concentration”, IC, is a point estimate of the toxicant concentration 

that causes a given percent reduction (p) in a non-quantal biological measurement 

(e.g., reproduction or growth) calculated from a continuous model (e.g., 

Interpolation Method). 

19. “Interference” is defined in 40 CFR 403.3. 

20. “Interim Minimum Level (IML)” is used when a method-specific “Minimum 

Level (ML)” has not been published by EPA. The IML is equal to 3.18 times the 

method-specified “Method Detection Limit (MDL)”. 

21. “LC50” means the concentration of toxicant (e.g., effluent) which is lethal to 50 

percent of the test organisms exposed in the time period prescribed by the test. 

22. “Maximum daily discharge limitation” means the highest allowable “daily 

discharge.” 

23. “Method Detection Limit (MDL)” means the minimum concentration of a 

substance (analyte) that can be measured and reported with 99 percent confidence 

that the analyte concentration is greater than zero and is determined from analysis 

of a sample in a given matrix containing the analyte. 

24. “Minimum Level (ML)” means the concentration at which the entire analytical 

system must give a recognizable signal and an acceptable calibration point. The 

ML is the concentration in a sample that is equivalent to the concentration of the 

lowest calibration standard analyzed by a specific analytical procedure, assuming 

that all the method-specified sample weights, volumes and processing steps have 

been followed. 

25. “NOEC” means no observed effect concentration. The NOEC is the highest 

concentration of toxicant (e.g., effluent) to which organisms are exposed in a 

chronic toxicity test [full life-cycle or partial life-cycle (short term) test], that 

causes no observable adverse effects on the test organisms (i.e., the highest 

concentration of effluent in which the values for the observed responses are not 

statistically significantly different from the controls). 

26. “NPDES” means National Pollutant Discharge Elimination System, the national 

program for issuing, modifying, revoking and reissuing, terminating, monitoring 

and enforcing permits . . . under sections 307, 402, 318, and 405 of the CWA. 
Permit No.: WA0037168 

Page 40 of 41 

27. “Pass Through” means a Discharge which exits the POTW into waters of the 

United States in quantities or concentrations which, alone or in conjunction with a 

discharge or discharges from other sources, is a cause of a violation of any 

requirement of the POTW's NPDES permit (including an increase in the 

magnitude or duration of a violation). 

28. “QA/QC” means quality assurance/quality control. 

29. “Regional Administrator” means the Regional Administrator of Region 10 of the 

EPA, or the authorized representative of the Regional Administrator. 

30. “7-DADMax” or “7-day average of the daily maximum temperatures” is the 

arithmetic average of seven consecutive measures of daily maximum 

temperatures. The 7- DADMax for any individual day is calculated by averaging 

that day’s daily maximum temperature with the daily maximum temperatures of 

the three days prior and the three days after that date.

31. “Severe property damage” means substantial physical damage to property, 

damage to the treatment facilities which causes them to become inoperable, or 

substantial and permanent loss of natural resources which can reasonably be 

expected to occur in the absence of a bypass. Severe property damage does not 

mean economic loss caused by delays in production. 

32. “Significant Industrial User” means all industrial users subject to Categorical 

Pretreatment Standards under 40 CFR 403.6 and 40 CFR chapter I, subchapter N; 

and any other industrial user that: discharges an average of 25,000 gallons per day 

or more of process wastewater to the POTW (excluding sanitary, noncontact 

cooling and boiler blowdown wastewater); contributes a process wastestream 

which makes up 5 percent or more of the average dry weather hydraulic or 

organic capacity of the POTW treatment plant; or is designated as such by the 

Control Authority as defined in 40 CFR 403.12(a) on the basis that the industrial 

user has a reasonable potential for adversely affecting the POTW's operation or 

for violating any pretreatment standard or requirement (in accordance with 40 

CFR 403.8(f)(6)). Upon a finding that an industrial user meeting above the 

criteria has no reasonable potential for adversely affecting the POTW's operation 

or for violating any pretreatment standard or requirement, the Control Authority 

(as defined in 40 CFR 403.12(a)) may at any time, on its own initiative or in 

response to a petition received from an industrial user or POTW, and in 

accordance with 40 CFR 403.8(f)(6), determine that such industrial user is not a 

significant industrial user. 

33. “Upset” means an exceptional incident in which there is unintentional and 

temporary noncompliance with technology-based permit effluent limitations 

because of factors beyond the reasonable control of the permittee. An upset does 

not include noncompliance to the extent caused by operational error, improperly 

designed treatment facilities, inadequate treatment facilities, lack of preventive 

maintenance, or careless or improper operation. 

34. “24-hour composite” sample means a combination of at least 8 discrete sample 

aliquots of at least 100 milliliters, collected over periodic intervals from the same 
Permit No.: WA0037168 

Page 41 of 41 

location, during the operating hours of a facility over a 24 hour period. The 

composite must be flow proportional. The sample aliquots must be collected and 

stored in accordance with procedures prescribed in the most recent edition of 

Standard Methods for the Examination of Water and Wastewater.