STATE O F MAINE 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

 PAUL R. LEPAGE PATRICIA W. AHO 

GOVERNOR COMMISSIONER

AUGUSTA 

17 STATE HOUSE STATION BANGOR PORTLAND PRESQUE ISLE 

AUGUSTA, MAINE 04333-0017 106 HOGAN ROAD, SUITE 6 312 CANCO ROAD 1235 CENTRAL DRIVE, SKYWAY PARK 

(207) 287-7688 FAX: (207) 287-7826 BANGOR, MAINE 04401 PORTLAND, MAINE 04103 PRESQUE ISLE, MAINE 04679-2094 

RAY BLDG., HOSPITAL ST. (207) 941-4570 FAX: (207) 941-4584 (207) 822-6300 FAX: (207) 822-6303 (207) 764-0477 FAX: (207) 760-3143 

web site: www.maine.gov/dep 

October 3, 2011 

Ms. Diane Barnes, City Manager 

City of Calais 

City Building, P.O. Box 413 

Calais, ME 04619 

manager@calaismaine.org

Sent via electronic mail 

Delivery confirmation requested 

RE: Maine Pollutant Discharge Elimination System (MEPDES) Permit #ME00100129 

Maine Waste Discharge License (WDL) # W002751-6D-I-R 

Finalized MEPDES Permit Renewal 

Dear Ms. Barnes: 

Enclosed, please find a copy of your final MEPDES permit/Maine WDL, which was 

approved by the Department of Environmental Protection. Please read the 

permit/license and its attached conditions carefully. You must follow the conditions in 

the order to satisfy the requirements of law. Any discharge not receiving adequate 

treatment is in violation of State law and is subject to enforcement action. 

Any interested person aggrieved by a Department determination made pursuant to 

applicable regulations, may appeal the decision following the procedures described in the 

attached DEP FACT SHEET entitled “Appealing a Commissioner’s Licensing Decision.” 

If you have any questions regarding the matter, please feel free to call me. 

Sincerely, 

Bill Hinkel 

Division of Water Quality Management 

Bureau of Land and Water Quality 

bill.hinkel@maine.gov

ph: 207.485.2281 

Enc. 

ec: Annaleis Hafford, Olver Associates, Inc. Tayna Hovell, MeDEP Lori Mitchell, MeDEP 

 Sandy Mojica, USEPA File #W2751 
STATE OF MAINE 

DEPARTMENT OF ENVIRONMENTAL PROTECTION 

17 STATE HOUSE STATION AUGUSTA, MAINE 04333-0017 

DEPARTMENT ORDER

 

IN THE MATTER OF 

CITY OF CALAIS ) MAINE POLUTANT DISCHARGE

CALAIS, WASHINGTON COUNTY, MAINE ) ELIMINATION SYSTEM PERMIT 

PUBLICLY OWNED TREATMENT WORKS ) AND 

#ME0100129 ) WASTE DISCHARGE LICENSE

#W002751-6D-I-R APPROVAL ) RENEWAL

Pursuant to the provisions of the Federal Water Pollution Control Act, Title 33 USC, §1251, 

Conditions of licenses, 38 M.R.S.A. § 414-A, and applicable regulations, the Department of 

Environmental Protection (Department) has considered the application of the CITY OF CALAIS 

(City or permittee) with its supportive data, agency review comments, and other related materials 

on file and other related materials on file and FINDS THE FOLLOWING FACTS: 

APPLICATION SUMMARY 

The City has applied to the Department for the renewal of combination Maine Waste Discharge 

License (WDL) #W002751-5L-G-R / Maine Pollutant Discharge Elimination System 

(MEPDES) permit #ME0100129, which was issued by the Department on September 29, 2006, 

and expired on September 29, 2011. The September 29, 2006 permit authorized the monthly 

average discharge of up to 1.5 million gallons per day (MGD) of secondary treated sanitary 

wastewater, an unspecified quantity of excess combined sanitary and storm water receiving 

primary treatment only (and seasonal disinfection) from a municipal wastewater treatment 

facility and an unspecified quantity of untreated combined sanitary and storm water from five (5) 

combined sewer overflow (CSO) outfalls to the St. Croix River, Class SC, in Calais, Maine. It is 

noted that the Department is correcting the description of the receiving water for CSO outfall 

#006 from tidal Class SC to freshwater Class C. 

It is noted that, on January 18, 2011, the Department issued a minor revision to the September 

29, 2006 permit to incorporate special conditions (included as Special Conditions O and P of this 

permit) regarding compliance with the 2010 Clean Water State Revolving Fund (CWSRF) 

Requirements (Asset Management Principal Forgiveness). 

PERMIT SUMMARY 

This permitting action is similar to the September 29, 2006 permitting action in that it is: 

Secondary Treated Wastewater (Outfall #001A)

1. Monthly average discharge flow limit of 1.5 MGD and the daily maximum discharge 

flow reporting requirement; 

2. Monthly average, weekly average and daily maximum mass limits for biochemical 

oxygen demand (BOD5) and total suspended solids (TSS); 
#ME0100129 PERMIT PAGE 2 OF 22 

#W002751-6D-I-R 

PERMIT SUMMARY (cont’d)

3. Monthly average and weekly average concentration limits and the daily maximum 

concentration reporting requirements for BOD5 and TSS; 

4. Requirement for a minimum of 85% removal of BOD5 and TSS; 

5. Daily maximum concentration limit for settleable solids of 0.3 ml/L; 

6. Daily maximum concentration limit of 1.0 mg/L for total residual chlorine (TRC); 

7. Daily maximum and monthly average concentration limitations of 50 colonies/100 mL 

and 15 colonies/100 mL, respectively, for fecal coliform bacteria; 

8. A pH range limitation of 6.0 – 9.0 standard units; 

CSO-Related Bypasses of Secondary Treatment (Outfall #002A) – For the purposes of this 

permitting action, this term refers to structures and or processes at the wastewater treatment 

facility that provide equivalent to primary treatment and disinfection of wastewater that 

bypass the biological treatment portion of the facility in an effort to mitigate the discharge of 

untreated combined sanitary waste waters and storm water from the five CSOs listed in 

Special Condition J of the permit. 

9. Daily maximum and monthly total reporting requirements for discharge flow; 

10. Daily maximum concentration reporting requirements and the monthly average 

percent removal reporting requirements for BOD5 , and TSS; 

11. Daily maximum concentration limits for fecal coliform bacteria and TRC; 

12. Monthly average reporting requirements for overflow occurrences; 

13. Daily maximum surface loading rate reporting requirement; and 

Combined Sewer Overflows

14. Carrying forward authorization to discharge excess combined sanitary and storm 

water wastewater via five outfall points. 

This permitting action is different from the September 29, 2006 permitting action in that it is: 

1. Revising the minimum monitoring frequency requirement for settleable solids from once 

per day to five times per week; 

2. Revising previous Special Condition J, Disposal of Septage Waste in Waste Water 

Treatment Facility, based on the revised rule, Standards for the Addition of Transported 

Wastes to Waste Water Treatment Facilities, 06-096 CMR 555 (last amended February 5, 

2009) (see Special Condition I of this permit); 

3. Revising Special Condition L, 06-096 CMR 530(2)(D)(4) Statement for Reduced /Waived 

Toxics Testing, to include certification requirements for inflow/infiltration and transported 

wastes that may increase the toxicity of the discharge; 

4. Updating the CSO Master Plan interim compliance dates at Special Condition J based on 

the current status of CSO abatement projects; 

5. Correcting the classification of the St. Croix River at the point of discharge for CSO 

Outfall #006 from Class SC to Class C (fresh water segment); and 

6. Establishing Special Condition O, Repair and Replacement Reserve Account, and Special 

Condition P, Wastewater Facility Energy Audit, for compliance with the 2010 Clean Water 

State Revolving Fund. 
#ME0100129 PERMIT PAGE 3 OF 22 

#W002751-6D-I-R 

CONCLUSIONS 

BASED on the findings summarized in the attached Fact Sheet dated October 3, 2011, and subject to 

the Conditions listed below, the Department makes the following conclusions: 

1. The discharge, either by itself or in combination with other discharges, will not lower the quality of 

any classified body of water below such classification. 

2. The discharge, either by itself or in combination with other discharges, will not lower the quality of 

any unclassified body of water below the classification which the Department expects to adopt in 

accordance with state law. 

3. The provisions of the State’s antidegradation policy, 38 M.R.S.A. §464(4)(F), will be met, in that: 

(a) Existing in-stream water uses and the level of water quality necessary to protect and 

maintain those existing uses will be maintained and protected; 

(b) Where high quality waters of the State constitute an outstanding national resource, that 

water quality will be maintained and protected; 

(c) The standards of classification of the receiving water body are met or, where the 

standards of classification of the receiving water body are not met, the discharge will not 

cause or contribute to the failure of the water body to meet the standards of classification; 

(d) Where the actual quality of any classified receiving water body exceeds the minimum 

standards of the next highest classification that higher water quality will be maintained 

and protected; and 

(e) Where a discharge will result in lowering the existing water quality of any water body, 

the Department has made the finding, following opportunity for public participation, that 

this action is necessary to achieve important economic or social benefits to the State. 

4. The discharge [including the five (5) combined sewer overflows (CSOs)] will be subject to effluent 

limitations that require application of best practicable treatment as defined in 38 M.R.S.A. § 414-

A(1)(D).

This space intentionally left blank. 
#ME0100129 PERMIT PAGE 4 OF 22 

#W002751-6D-I-R 

ACTION 

THEREFORE, the Department APPROVES the above noted application of CITY OF CALAIS 

to discharge a monthly average flow of up to 1.5 million gallons per day (MGD) of secondary 

treated sanitary wastewaters, an unspecified quantity of excess combined sanitary and storm 

water receiving primary treatment only (and seasonal disinfection) from a municipal wastewater 

treatment facility and an unspecified quantity of untreated combined sanitary and storm water 

from five (5) combined sewer overflow (CSO) outfalls to the St. Croix River, Class C (CSO 

Outfall #006) and Class SC (all other outfalls), in Calais, Maine, SUBJECT TO THE 

ATTACHED CONDITIONS, and all applicable standards and regulations including: 

1. “Maine Pollutant Discharge Elimination System Permit Standard Conditions Applicable To 

All Permits,” revised July 1, 2002, copy attached. 

2. The attached Special Conditions, including any effluent limitations and monitoring 

requirements. 

3. This permit and the authorization to discharge become effective upon the date of signature 

below and expire at midnight five (5) years from the effective date. If a renewal application 

is timely submitted and accepted as complete for processing prior to the expiration of this 

permit, the authorization to discharge and the terms and conditions of this permit and all 

modifications and minor revisions thereto remain in effect until a final Department decision 

on the renewal application becomes effective. [Maine Administrative Procedure Act, 5 

M.R.S.A. § 10002 and Rules Concerning the Processing of Applications and Other 

Administrative Matters, 06-096 CMR 2(21)(A) (effective April 1, 2003)] 

PLEASE NOTE ATTACHED SHEET FOR GUIDANCE ON APPEAL PROCEDURES. 

Date of initial receipt of application: June 30, 2011

Date of application acceptance: July 5, 2011

This Order prepared by Bill Hinkel, BUREAU OF LAND & WATER QUALITY 
#ME0100129 PERMIT PAGE 5 OF 22 

#W002751-6D-I-R SPECIAL CONDITIONS A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS 

1. The permittee is authorized to discharge secondary treated sanitary wastewater via Outfall #001A to the St. C

Such discharges shall be limited and monitored by the permittee as specified below(1): 

Effluent Characteristic Discharge Limitations 

Monthly 

Average

as specified 

Weekly 

Average

as specified 

Daily

Maximum

as specified 

Monthly 

Average

as specified 

Weekly 

Average

as specified 

Daily

Maximum

as specified 

Flow [50050] 

1.5 MGD 

[03] -- -- -- -- -- 

BOD5

[00310] 375 lbs./day [26] 563 lbs./day [26] Report lbs./day [26] 30 mg/L [19] 45 mg/L [19] 50 mg/L [19] 

BOD5 % Removal(2)[81010] --- --- --- 

85% 

[23] --- --- 

TSS [00530] 375 lbs./day [26] 563 lbs./day [26] Report lbs./day [26] 30 mg/L [19] 45 mg/L [19] 50 mg/L [19] TSS % Removal(2)[81011] --- --- --- 

85% 

[23] --- --- 

Settleable Solids [00545] -- -- -- -- -- 

0.3 ml/L 

[25] 

Fecal ColiformBacteria(3)

[31616] May 15-Sept. 30 

-- -- -- 

15/100 ml(4)

[13] -- 

50/100 ml 

[13] 

Total Residual Chlorine(5)

[50060] 

-- -- -- -- -- 

1.0 mg/L 

[19]

pH [00400] -- -- -- -- -- 

6.0 – 9.0 SU 

[12] 

The italicized numeric values bracketed in the table and in subsequent text are code numbers that Department personnel 

Discharge Monitoring Reports. FOOTNOTES: See Pages 8-12 of this permit for applicable footnotes.
#ME0100129 PERMIT PAGE 6 OF 22 

#W002751-6D-I-R SPECIAL CONDITIONS A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (cont’d)

2. SCREENING LEVEL - Beginning 12 months prior to permit expiration and lasting through permit expiration an

Effluent Characteristic Discharge Limitations 

Mon

Monthly 

Average

Daily 

Maximum

Monthly 

Average

Daily 

Maximum

Measurem

Frequen

Whole Effluent Toxicity(6)Acute – NOELMysidopsis bahia (Mysid Shrimp) [TDA3E]

Chronic – NOEL 

Arbacia punctulata (Sea Urchin)[TBH3A]

--- --- 

--- --- 

--- --- 

Report % [23]

Report % [23]

1/Year [0

1/Year [0

Analytical Chemistry (7) [51168] --- --- --- Report μg/L [28] 1/Quarter Priority Pollutants (8) [51168] --- --- --- Report μg/L [28] 1/Year [0

The italicized numeric values bracketed in the table and in subsequent text are code numbers that Department personmonthly Discharge Monitoring Reports. FOOTNOTES: See Pages 8-12 of this permit for applicable footnotes.
#ME0100129 PERMIT PAGE 7 OF 22 

#W002751-6D-I-R SPECIAL CONDITIONS A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (cont’d) 

3. The permittee is authorized to discharge primary treated and disinfected wastewaters via Outfall #002A whe

events when the influent to the wastewater treatment facility exceeds a flow rate of 1,250 gallons per minute (1.

(peak hourly flow) or in accordance with the most current approved Wet Weather Flow Management Plan. App

reviewed and may be modified or terminated pursuant to Special Condition Q, Reopening of Permit For Modific

change in the volume or character of pollutants in the collection/treatment system, if new information regarding C

available or if necessary for implementation of an approved CSO Master Plan. Bypasses shall be monitored and r

Effluent Characteristic Discharge Limitations 

Monthly 

Average

as specified 

Daily

Maximum

as specified 

Monthly 

Average

as specified 

Daily

Maximum

as specified 

Me

F

as 

Flow [50050] 

Report Total MGD 

[03] --- ---

Report MGD 

[03] 

C

Surface Loading Rate(9)

[50997] --- 

Report, GPD/SF 

[07] --- --- 

1/Disc

[

Overflow Use, Occurrences(11)

[74062] --- --- 

Report, # of Days 

[93] --- 

1/Disc

[

BOD5

[00310] --- --- --- 

Report mg/L 

[19]

1/Disc

[

BOD5 Percent Removal(12)

[81010] --- --- 

Report % 

[23] --- 

1/Disc

[

TSS [00530] --- --- --- 

Report mg/L 

[19]

1/Disc

[

TSS Percent Removal(12)

[81011] --- --- 

Report % 

[23] --- 

1/Disc

[

Fecal Coliform Bacteria(3), (13)

[31616] --- --- --- 

200/100 ml 

[13] 

1/Disc

[

Total Residual Chlorine(13) [50060] --- --- ---

1.0 mg/L 

[19] 

1/Disc

[

The italicized numeric values bracketed in the table and in subsequent text are code numbers that Department personnel utilize to code the monthly FOOTNOTES: See Pages 8-12 of this permit for applicable footnotes.
#ME0100129 PERMIT PAGE 8 OF 22 

#W002751-6D-I-R 

SPECIAL CONDITIONS 

A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (cont’d) 

FOOTNOTES:

1. Sampling – Sampling and analysis must be conducted in accordance with; a) methods 

approved in Title 40 Code of Federal Regulations (40 CFR) Part 136, b) alternative methods 

approved by the Department in accordance with the procedures in 40 CFR Part 136, or c) as 

otherwise specified by the Department. Samples that are sent out for analysis shall be 

analyzed by a laboratory certified by the State of Maine’s Department of Human Services. 

Samples that are sent to another POTW licensed pursuant to Waste discharge licenses, 38 

M.R.S.A. § 413 are subject to the provisions and restrictions of the Maine Comprehensive 

and Limited Environmental Laboratory Certification Rules, 10-144 CMR 263 (last amended 

February 13, 2000). Laboratory facilities that analyze compliance samples in-house are 

subject to the provisions and restrictions of 10-144 CMR 263. 

All analytical test results shall be reported to the Department including results which are 

detected below the respective reporting limits (RLs) specified by the Department or as 

specified by other approved test methods. See Attachment A of this permit for a list of 

the Department’s RLs. If a non-detect analytical test result is below the respective RL, 

the concentration result shall be reported as <Y where Y is the RL achieved by the 

laboratory for each respective parameter. Reporting a value of <Y that is greater than an 

established RL or reporting an estimated value (“J” flagged) is not acceptable and will be 

rejected by the Department. Reporting analytical data and its use in calculations must 

follow established Department guidelines specified in this permit or in available 

Department guidance documents. 

Influent sampling for BOD5 and TSS shall be sampled after the influent Parshall flume 

but before grit removal.

2. Percent removal – For secondary treated wastewater, the facility shall maintain a 

minimum of 85 percent removal of both BOD5 and TSS. For both primary treated and 

secondary treated wastewaters, the percent removal shall be based on a monthly average 

value calculated based on influent and effluent concentrations. The percent removal shall 

be waived when the monthly average influent concentration is less than 200 mg/L. For 

instances when this occurs, the facility shall report “NODI-9” on the monthly Discharge 

Monitoring Report. 

3. Fecal coliform bacteria - Limits are seasonal and apply between May 15 and September 

30, inclusive, of each calendar year. The Department reserves the right to require 

disinfection on a year-round basis to protect the health and welfare of the public. 

4. Fecal coliform bacteria – The monthly average limitation is a geometric mean 

limitation and shall be calculated and reported as such. 

5. Total Residual Chlorine (TRC) – Limitations and monitoring requirements are in effect 

any time elemental chlorine or chlorine-based compounds are utilized to disinfect the 

discharge(s). The permittee shall utilize a USEPA-approved test method capable of 

bracketing the TRC limitations specified in this permitting action. 
#ME0100129 PERMIT PAGE 9 OF 22 

#W002751-6D-I-R 

SPECIAL CONDITIONS 

A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (cont’d) 

FOOTNOTES:

6. Whole Effluent Toxicity (WET) Testing – Definitive WET testing is a multiconcentration testing event (a minimum of five dilutions bracketing the critical acute and 

chronic thresholds of 1.2% and 0.3%, respectively), which provides a point estimate of 

toxicity in terms of No Observed Effect Level, commonly referred to as NOEL or 

NOEC. A-NOEL is defined as the acute no observed effect level with survival as the 

end point. C-NOEL is defined as the chronic no observed effect level with survival, 

reproduction and growth as the end points. 

a. Surveillance level testing - Surveillance level WET testing is waived pursuant to 

06-096 CMR 530(2)(D).

b. Screening level testing - Beginning 12 months prior to permit expiration and 

lasting through permit expiration and every five years thereafter, the permittee 

shall conduct screening level WET testing at a minimum frequency of once per year 

using the mysid shrimp (Mysidopsis bahia) and the sea urchin (Arbacia punctulata). 

Acute tests shall be conducted on the mysid shrimp; chronic tests shall be conducted 

on the sea urchin. 

Test results must be submitted to the Department not later than the next Discharge 

Monitoring Report (DMR) required by the permit, provided, however, that the permittee 

may review the toxicity reports for up to 10 business days of their availability before 

submitting them. The permittee shall evaluate test results being submitted and identify to 

the Department possible exceedences of the critical acute and chronic water quality 

thresholds of 1.2% and 0.3%, respectively. See Attachment B of this permit for a copy of 

the Department’s WET report form 

Toxicity tests must be conducted by an experienced laboratory approved by the 

Department. The laboratory must follow procedures as described in the following 

USEPA methods manuals. 

a. U.S. Environmental Protection Agency. 2002. Methods for Measuring the Acute 

Toxicity of Effluents and Receiving Waters to Freshwater and Marine Organisms, 

5th ed. EPA 821-R-02-012. U.S. Environmental Protection Agency, Office of Water, 

Washington, D.C., October 2002 (the acute method manual) 

b. U.S. Environmental Protection Agency. 2002. Short-term Methods for Estimating the 

Chronic Toxicity of Effluents and Receiving Waters to Marine and Estuarine 

Organisms, 3rd ed. USEPA 821-R-02-014. U.S. Environmental Protection Agency, 

Office of Water, Washington, D.C., October 2002 (the marine chronic method 

manual) 
#ME0100129 PERMIT PAGE 10 OF 22 

#W002751-6D-I-R 

SPECIAL CONDITIONS 

A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (cont’d) 

FOOTNOTES:

The permittee is also required to analyze the effluent for the parameters specified in the 

WET chemistry section, and the parameters specified in the analytical chemistry section 

of the form in Attachment A of this permit each time a WET test is performed. 

7. Analytical Chemistry – Refers to a suite of chemical tests in Attachment A of the permit. 

a. Surveillance level testing – Surveillance level analytical testing is waived pursuant 

to 06-096 CMR 530(2)(D).

b. Screening level testing – Beginning 12 months prior to and lasting through permit 

expiration and every five years thereafter, the permittee shall conduct analytical 

chemistry testing at a minimum frequency of once per calendar quarter for four 

consecutive calendar quarters. 

8. Priority Pollutant Testing –Priority pollutants are those parameters specified at Effluent 

Guidelines and Standards, 06-096 CMR 525(4)(IV) (effective January 12, 2001). 

a. Screening level testing – Beginning 12 months prior to and lasting through permit 

expiration and every five years thereafter, the permittee shall conduct priority 

pollutant testing at a minimum frequency of once per year. 

Surveillance level priority pollutant testing is not required pursuant to 06-096 CMR 

530(2)(D). 

Priority pollutant and analytical chemistry testing shall be conducted on samples 

collected at the same time as those collected for whole effluent toxicity tests when 

applicable. Priority pollutant and analytical chemistry testing shall be conducted using 

methods that permit detection of a pollutant at existing levels in the effluent or that 

achieve minimum reporting levels of detection as specified by the Department. 

Analytical chemistry and priority pollutant testing shall be conducted on samples 

collected at the same time as those collected for whole effluent toxicity tests, when 

applicable, and shall be conducted using methods that permit detection of a pollutant at 

existing levels in the effluent or that achieve the most current minimum reporting levels 

of detection as specified by the Department. 

Test results must be submitted to the Department not later than the next Discharge 

Monitoring Report (DMR) required by the permit, provided, however, that the permittee 

may review the toxicity reports for up to 10 business days of their availability before 

submitting them. The permittee shall evaluate test results being submitted and identify to 

the Department, possible exceedences of the acute, chronic or human health AWQC as 
#ME0100129 PERMIT PAGE 11 OF 22 

#W002751-6D-I-R 

SPECIAL CONDITIONS 

A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (cont’d) 

FOOTNOTES:

established in 06-096 CMR 584. For the purposes of DMR reporting, enter a “1” for yes, 

testing done this monitoring period or “NODI-9” monitoring not required this period. 

All mercury sampling required to determine compliance with interim limitations 

established pursuant to Interim Effluent Limitations and Controls for the Discharge of 

Mercury, 06-096 CMR 519 (last amended October 6, 2001), shall be conducted in 

accordance with USEPA’s “clean sampling techniques” found in USEPA Method 1669, 

Sampling Ambient Water For Trace Metals At EPA Water Quality Criteria Levels. All 

mercury analysis shall be conducted in accordance with USEPA Method 1631, 

Determination of Mercury in Water by Oxidation, Purge and Trap, and Cold Vapor 

Fluorescence Spectrometry.

9. Surface Overflow Rate – For the purposes of this permitting action, “surface overflow 

rate” is defined as the average hourly rate per overflow occurrence in a discharge day. 

The permittee shall provide this information to establish data on the effectiveness of peak 

flows receiving primary treatment only. 

10. Discharge Day - A “discharge day” is defined as a calendar day or any 24-hour period 

that reasonably represents the calendar day for purposes of sampling. 

11. Overflow occurrence – An “overflow occurrence” is defined as the period of time 

between initiation of flow from the primary bypass and ceasing discharge from the 

primary bypass. Overflow occurrences are reported in discharge days. 

Multiple intermittent overflow occurrences in one discharge day are reported as one 

overflow occurrence and are sampled according to the measurement frequency specified. 

One composite sample for BOD5 and total suspended solids shall be collected per 

discharge day and shall be of flow proportioned from each intermittent overflow during 

that 24-hour period. 

For overflow occurrences exceeding one day in duration, sampling shall be performed 

each day of the event according to the measurement frequency specified. For example, if 

an overflow occurs for all or part of three discharge days, the permittee shall take three 

composite samples for BOD5 and TSS, initiating samples at the start of the overflow and 

each subsequent discharge day thereafter and terminating samples at the end of the 

discharge day or the end of the overflow occurrence. Samples shall be flow-proportioned. 

12. BOD5 and TSS Removal – The permittee shall analyze both the influent of the treatment 

plant and effluent from the dedicated chlorine contact chamber for BOD5 and TSS for 

said discharges, and report the percent removal on the monthly Discharge Monitoring 

Report (DMR). As an attachment to the DMR, the permittee shall report the individual 

BOD5 and TSS test results used to calculate the percent removal rates reported. For the 
#ME0100129 PERMIT PAGE 12 OF 22 

#W002751-6D-I-R 

SPECIAL CONDITIONS 

A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (cont’d) 

FOOTNOTES:

purpose of calculating BOD5 and TSS percent removals on the treated excess combined 

sewer wastewater, the influent sample shall only be collected during overflow 

occurrences. 

13. Grab Sample – Grab samples for fecal coliform bacteria and total residual chlorine are 

not required to be collected when Outfall #002A is active for a single continuous 

discharge event lasting less than 60 minutes or during intermittent discharge events over 

a course of a 24-hour period lasting less than 120 minutes and sampling is only required 

if said event(s) occur between the hours of 7:00 AM – 4:00 PM during the normal work 

week (Monday through Friday, holidays excluded).

B. NARRATIVE EFFLUENT LIMITATIONS 

1. The effluent shall not contain a visible oil sheen, foam or floating solids at any time 

which would impair the usages designated by the classification of the receiving waters. 

2. The effluent shall not contain materials in concentrations or combinations which are 

hazardous or toxic to aquatic life, or which would impair the usages designated by the 

classification of the receiving waters. 

3. The discharge shall not cause visible discoloration or turbidity in the receiving waters 

which would impair the usages designated by the classification of the receiving waters. 

4. Notwithstanding specific conditions of this permit, the effluent must not lower the quality 

of any classified body of water below such classification, or lower the existing quality of 

any body of water if the existing quality is higher than the classification. 

C. TREATMENT PLANT OPERATOR

The person who has the management responsibility over the treatment facility must hold a 

Grade III certificate (or higher) or must be a Maine Registered Professional Engineer 

pursuant to Sewerage Treatment Operators, 32 M.R.S.A. §§ 4171-4182 and Regulations for 

Wastewater Operator Certification, 06-096 CMR 531 (effective May 8, 2006). All proposed 

contracts for facility operation by any person must be approved by the Department before the 

permittee may engage the services of the contract operator. 

D. LIMITATIONS FOR INDUSTRIAL USERS 

Pollutants introduced into the waste water collection and treatment system by a non-domestic 

source (user) shall not pass through or interfere with the operation of the treatment system. 
#ME0100129 PERMIT PAGE 13 OF 22 

#W002751-6D-I-R 

SPECIAL CONDITIONS 

E. AUTHORIZED DISCHARGES 

The permittee is authorized to discharge only in accordance with: 1) the permittee’s General 

Application for Waste Discharge Permit, accepted for processing on July 5, 2011; 

2) the terms and conditions of this permit; and 3) only from Outfalls #001A (secondary 

treated wastewater), 002A (primary treated wastewater), and the five (5) combined sewer 

overflow outfalls (Outfall #003-007, inclusive) listed in Special Condition J, Conditions for 

Combined Sewer Overflows, of this permit. Discharges of wastewater from any other point 

source are not authorized under this permit, and shall be reported in accordance with 

Standard Condition B(5)(Bypass) of this permit. 

F. NOTIFICATION REQUIREMENT 

In accordance with Standard Condition D, the permittee shall notify the Department of the 

following. 

1. Any introduction of pollutants into the wastewater collection and treatment system from 

an indirect discharger in a primary industrial category discharging process wastewater; 

and 

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

wastewater collection and treatment system by a source introducing pollutants into the 

system at the time of permit issuance. For the purposes of this section, notice regarding 

substantial change shall include information on: 

(a) the quality and quantity of wastewater introduced to the wastewater collection and 

treatment system; and 

(b) any anticipated impact caused by the change in the quantity or quality of the 

wastewater to be discharged from the treatment system. 

G. WET WEATHER FLOW MANAGEMENT PLAN 

The treatment facility staff shall maintain a current written Wet Weather Flow Management 

Plan to direct the staff on how to operate the facility effectively during periods of high flow. 

The Department acknowledges that the existing collection system may deliver flows in 

excess of the monthly average design capacity of the treatment plant during periods of high 

infiltration and rainfall. 

Within 90 days of completion of new and or substantial upgrades of the wastewater 

treatment facility, the permittee shall submit to the Department for review and approval, a 

new or revised Wet Weather Management Plan which conforms to Department guidelines for 

such plans. The revised plan shall include operating procedures for a range of intensities, 

address solids handling procedures (including septic waste and other high strength wastes if 

applicable) and provide written operating and maintenance procedures during the events. The 

permittee shall review their plan annually and record any necessary changes to keep the 

plan up to date.
#ME0100129 PERMIT PAGE 14 OF 22 

#W002751-6D-I-R 

SPECIAL CONDITIONS 

H. OPERATION & MAINTENANCE (O&M) PLAN 

This facility shall maintain a current written comprehensive Operation & Maintenance 

(O&M) Plan. The plan shall provide a systematic approach by which the permittee shall at all 

times, properly operate and maintain all facilities and systems of transport, treatment and 

control (and related appurtenances) which are installed or used by the permittee to achieve 

compliance with the conditions of this permit. 

By December 31 of each year, or within 90 days of any process changes or minor 

equipment upgrades, the permittee shall evaluate and modify the O&M Plan including site 

plan(s) and schematic(s) for the wastewater treatment facility to ensure that it is up-to-date. 

The O&M Plan shall be kept on-site at all times and made available to Department and 

USEPA personnel upon request. 

Within 90 days of completion of new and or substantial upgrades of the wastewater 

treatment facility, the permittee shall submit the updated O&M Plan to their Department 

inspector for review and comment. 

I. DISPOSAL OF TRANSPORTED WASTES IN WASTEWATER TREATMENT FACILITY 

Pursuant to this permit and Standards for the Addition of Transported Wastes to Waste Water 

Treatment Facilities, 06-096 CMR 555 (last amended February 5, 2009), during the effective period 

of this permit, the permittee is authorized to receive and introduce into the treatment process or 

solids handling stream up to a daily maximum of 4,000 gallons per day up to a monthly total of 

80,000 gallons of transported wastes, subject to the following terms and conditions. 

1. “Transported wastes” means any liquid non-hazardous waste delivered to a wastewater 

treatment facility by a truck or other similar conveyance that has different chemical 

constituents or a greater strength than the influent described on the facility’s application 

for a waste discharge license. Such wastes may include, but are not limited to septage, 

industrial wastes or other wastes to which chemicals in quantities potentially harmful to 

the treatment facility or receiving water have been added. 

2. Of the 4,000 GPD authorized by this permit, the permittee may receive and introduce into 

the treatment process or solids handling stream up to a daily maximum of 4,000 GPD of 

septage wastes. 

3. The character and handling of all transported wastes received must be consistent with the 

information and management plans provided in application materials submitted to the Department. 

4. At no time shall the addition of transported wastes cause or contribute to effluent quality 

violations. Transported wastes may not cause an upset of or pass through the treatment 

process or have any adverse impact on the sludge disposal practices of the wastewater 

treatment facility. Wastes that contain heavy metals, toxic chemicals, extreme pH, 

flammable or corrosive materials in concentrations harmful to the treatment operation must 
#ME0100129 PERMIT PAGE 15 OF 22 

#W002751-6D-I-R 

SPECIAL CONDITIONS 

I. DISPOSAL OF TRANSPORTED WASTES IN WASTEWATER TREATMENT FACILITY 

(cont’d) 

be refused. Odors and traffic from the handling of transported wastes may not result in 

adverse impacts to the surrounding community. If any adverse effects exist, the receipt or 

introduction of transported wastes into the treatment process or solids handling stream shall 

be suspended until there is no further risk of adverse effects. 

5. The permittee shall maintain records for each load of transported wastes in a daily log 

which shall include at a minimum the following. 

(a) The date; 

(b) The volume of transported wastes received; 

(b) The source of the transported wastes; 

(d) The person transporting the transported wastes; 

(e) The results of inspections or testing conducted; 

(f) The volumes of transported wastes added to each treatment stream; and 

(g) The information in (a) through (d) for any transported wastes refused for acceptance. 

These records shall be maintained at the treatment facility for a minimum of five years. 

6. The addition of transported wastes into the treatment process or solids handling stream 

shall not cause the treatment facilities design capacity to be exceeded. If, for any reason, 

the treatment process or solids handling facilities become overloaded, introduction of 

transported wastes into the treatment process or solids handling stream shall be reduced 

or terminated in order to eliminate the overload condition. 

7. Holding tank wastewater from domestic sources to which no chemicals in quantities 

potentially harmful to the treatment process have been added shall not be recorded as 

transported wastes but should be reported in the treatment facility’s influent flow. 

8. During wet weather events, transported wastes may be added to the treatment process or 

solids handling facilities only in accordance with a current high flow management plan 

approved by the Department that provides for full treatment of transported wastes without 

adverse impacts. 

9. In consultation with the Department, chemical analysis is required prior to receiving 

transported wastes from new sources that are not of the same nature as wastes previously 

received. The analysis must be specific to the type of source and designed to identify 

concentrations of pollutants that may pass through, upset or otherwise interfere with the 

facility’s operation. 

10. Access to transported waste receiving facilities may be permitted only during the times 

specified in the application materials and under the control and supervision of the person 

responsible for the wastewater treatment facility or his/her designated representative. 
#ME0100129 PERMIT PAGE 16 OF 22 

#W002751-6D-I-R 

SPECIAL CONDITIONS 

I. DISPOSAL OF TRANSPORTED WASTES IN WASTEWATER TREATMENT FACILITY 

(cont’d) 

11. The authorization in the Special Condition is subject to annual review and, with notice to 

the permittee and other interested parties of record, may be suspended or reduced by the 

Department as necessary to ensure full compliance with 06-096 CMR 555 and the terms 

and conditions of this permit. 

J. CONDITIONS FOR COMBINED SEWER OVERFLOWS

Pursuant to Combined Sewer Overflow Abatement 06-096 CMR 570 (last amended February 

8, 1978), the permittee is authorized to discharge from the following locations of combined 

sewer overflows (CSOs) (storm water and sanitary wastewater) subject to the conditions and 

requirements herein

1. CSO locations 

Outfall No./Name Outfall Location Receiving Water and Class

003 Headworks Treatment Plant St. Croix River, Class SC 

004 Steamboat Street PS Steamboat Street St. Croix River, Class SC 

005 Union Street PS Union Street St. Croix River, Class SC 

006 King Street PS King Street St. Croix River, Class C

007 South Street PS South Street St. Croix River, Class SC 

2. Prohibited Discharges 

a. The discharge of dry weather flows is prohibited. All such discharges shall be 

reported to the Department in accordance with Standard Condition D (1) of this 

permit. 

b. No discharge shall occur as a result of mechanical failure, improper design or 

inadequate operation or maintenance. 

c. No discharges shall occur at flow rates below the maximum design capacities of the 

wastewater treatment facility, pumping stations or sewerage system. 

3. Narrative Effluent Limitations 

a. The effluent shall not contain a visible oil sheen, settled substances, foam, or floating 

solids at any time that impair the characteristics and designated uses ascribed to the 

classification of the receiving waters. 

b. The effluent shall not contain materials in concentrations or combinations that are 

hazardous or toxic to aquatic life; or which would impair the usage designated by the 

classification of the receiving waters. 
#ME0100129 PERMIT PAGE 17 OF 22 

#W002751-6D-I-R 

SPECIAL CONDITIONS 

J. CONDITIONS FOR COMBINED SEWER OVERFLOWS (cont’d) 

c. The discharge shall not impart color, turbidity, toxicity, radioactivity or other 

properties that cause the receiving waters to be unsuitable for the designated uses and 

other characteristics ascribed to their class. 

4. CSO Master Plan [see 06-096 CMR 570(3) and 06-096 CMR 570(4)] 

The permittee shall implement CSO control projects in accordance with an approved 

CSO Master Plan and abatement schedule. The CSO Master Plan entitled, “Sewer 

System Master Plan for CSO Abatement City of Calais”, dated August 2006, and revised 

April 2007, was approved by the Department on June 18, 2007. The permittee shall: 

By December 31, 2013, (PCS Code 06699), the permittee shall submit to the Department for 

review and approval an update of the CSO Master Plan analyzing the effectiveness of the 

completed abatement projects to date and an implementation schedule for additional abatement 

projects. 

To modify the dates and or projects specified above (but not dates in the Master Plan), the 

permittee must file an application with the Department to formally modify this permit. 

The work items identified in the abatement schedule may be amended from time to time 

based upon approval by the Department. The permittee must notify the Department in 

writing prior to any proposed changes to the implementation schedule. 

5. Nine Minimum Controls (NMC) [see 06-096 CMR 570(5)] 

The permittee shall implement and follow the Nine Minimum Control documentation as 

developed by the USEPA. Work preformed on the Nine Minimum Controls during the 

year shall be included in the annual CSO Progress Report (see below). 

6. CSO Compliance Monitoring Program [see 06-096 CMR 570(6)] 

The permittee shall conduct flow monitoring according to an approved Compliance 

Monitoring Program on all CSO points, as part of the CSO Master Plan. Annual flow 

volumes for all CSO locations shall be determined by actual flow monitoring, or by 

estimation using a model such as USEPA’s Storm Water Management Model (SWMM). 

Results shall be submitted annually as part of the annual CSO Progress Report (see 

below), and shall include annual precipitation, CSO volumes (actual or estimated) and 

any block test data required. Any abnormalities during CSO monitoring shall also be 

reported. The results shall be reported on the Department form “CSO Activity and 

Volumes,” included as Attachment C of this permit, or similar format and submitted to 

the Department in electronic form. 
#ME0100129 PERMIT PAGE 18 OF 22 

#W002751-6D-I-R 

SPECIAL CONDITIONS 

J. CONDITIONS FOR COMBINED SEWER OVERFLOWS (cont’d)

CSO control projects that have been completed shall be monitored for volume and 

frequency of overflow to determine the effectiveness of the project toward CSO 

abatement. This requirement shall not apply to those areas where complete separation 

has been completed and CSO outfalls have been eliminated. 

7. Additions of New Wastewater [see 06-096 CMR 570(8)] 

06-096 CMR 570(8) lists requirements relating to any proposed addition of wastewater to 

the combined sewer system. Documentation of the new wastewater additions to the 

system and associated mitigating measures shall be included in the annual CSO Progress 

Report (see below). Reports must contain the volumes and characteristics of the 

wastewater added or authorized for addition and descriptions of the sewer system 

improvements and estimated effectiveness. 

Any sewer extensions upstream of a CSO must be reviewed and approved by the 

Department prior to their connection to the sewer system. A Sewer Extension/Addition 

Reporting Form shall be completed and submitted to the Department along with plans 

and specifications of the proposed extension/addition. 

8. Annual CSO Progress Reports [see 06-096 CMR 570(7)]

By March 1 of each year [PCS Event 11099], the permittee shall submit CSO Progress 

Reports covering the previous calendar year (January 1 to December 31). The CSO 

Progress Report shall include, but is not necessarily limited to, the following topics as 

further described in 06-096 CMR 570: CSO abatement projects, schedule comparison, 

progress on inflow sources, costs, flow monitoring results, CSO activity and volumes, 

nine minimum controls update, sewer extensions, and new commercial or industrial 

flows. 

The CSO Progress Reports shall be completed on a standard form entitled, “Annual CSO 

Progress Report” furnished by the Department, and submitted in electronic form to the 

following address: 

CSO Coordinator 

Department of Environmental Protection 

Bureau of Land and Water Quality 

Division of Water Quality Management 

17 State House Station 

Augusta, Maine 04333 

e-mail: CSOCoordinator@maine.gov
#ME0100129 PERMIT PAGE 19 OF 22 

#W002751-6D-I-R 

SPECIAL CONDITIONS 

J. CONDITIONS FOR COMBINED SEWER OVERFLOWS (cont’d) 

9. Signs 

If not already installed, the permittee shall install and maintain an identification sign at 

each CSO location as notification to the public that intermittent discharges of untreated 

sanitary wastewater occur. The sign must be located at or near the outfall and be easily 

readable by the public. The sign shall be a minimum of 12" x 18" in size with white 

lettering against a green background and shall contain the following information: 

CITY OF CALAIS 

WET WEATHER 

SEWAGE DISCHARGE 

CSO # AND NAME OF OUTFALL 

10. Definitions 

For the purposes of this permitting action, the following terms are defined as follows: 

a. Combined Sewer Overflow - a discharge of excess waste water from a municipal or 

quasi-municipal sewerage system that conveys both sanitary wastes and storm water 

in a single pipe system and that is in direct response to a storm event or snowmelt. 

b. Dry Weather Flows - flow in a sewerage system that occurs as a result of non-storm 

events or are caused solely by ground water infiltration. 

c. Wet Weather Flows - flow in a sewerage system that occurs as a direct result of a 

storm event, or snowmelt in combination with dry weather flows. 

K. MERCURY 

All mercury sampling required to determine compliance with interim limitations established 

pursuant to Interim Effluent Limitations and Controls for the Discharge of Mercury, 06-096 

CMR 519 (last amended October 6, 2001) shall be conducted in accordance with USEPA’s 

“clean sampling techniques” found in USEPA Method 1669, Sampling Ambient Water For 

Trace Metals At EPA Water Quality Criteria Levels. All mercury analyses shall be 

conducted in accordance with USEPA Method 1631E, Determination of Mercury in Water 

by Oxidation, Purge and Trap, and Cold Vapor Fluorescence Spectrometry. See 

Attachment D, Effluent Mercury Test Report, of this permit for the Department’s form for 

reporting mercury test results. 
#ME0100129 PERMIT PAGE 20 OF 22 

#W002751-6D-I-R 

SPECIAL CONDITIONS 

L. 06-096 CMR 530(2)(D)(4) STATEMENT FOR REDUCED/WAIVED TOXICS TESTING 

By December 31 of each calendar year, the permittee shall provide the Department with a 

certification describing any of the following that have occurred since the effective date of this 

permit [PCS Code 95799]. See Attachment E of the Fact Sheet for an acceptable 

certification form to satisfy this Special Condition. 

(a) Changes in the number or types of non-domestic wastes contributed directly or indirectly to 

the wastewater treatment works that may increase the toxicity of the discharge; 

(b) Changes in the operation of the treatment works that may increase the toxicity of the 

discharge; and 

(c) Changes in industrial manufacturing processes contributing wastewater to the 

treatment works that may increase the toxicity of the discharge. 

In addition, in the comments section of the certification form, the permittee shall provide the 

Department with statements describing; 

(d) Changes in storm water collection or inflow/infiltration affecting the facility that may 

increase the toxicity of the discharge; and 

(e) Increases in the type or volume of transported (hauled) wastes accepted by the 

facility. 

The Department reserves the right to reinstate annual (surveillance level) testing or other 

toxicity testing if new information becomes available that indicates the discharge may cause 

or have a reasonable potential to cause exceedences of ambient water quality 

criteria/thresholds. 

M. MONITORING AND REPORTING 

Monitoring results obtained during the previous month shall be summarized for each month 

and reported on separate Discharge Monitoring Report (DMR) forms provided by the 

Department and postmarked on or before the thirteenth (13th) day of the month or handdelivered to a Department Regional Office such that the DMR’s are received by the 

Department on or before the fifteenth (15th) day of the month following the completed 

reporting period. A signed copy of the DMR and all other reports required herein shall be 

submitted to the following address: 

Department of Environmental Protection 

Eastern Maine Regional Office 

Bureau of Land and Water Quality 

Division of Water Quality Management 

106 Hogan Road 

Bangor, Maine 04401 
#ME0100129 PERMIT PAGE 21 OF 22 

#W002751-6D-I-R 

SPECIAL CONDITIONS

M. MONITORING AND REPORTING (cont’d) 

Alternatively, if you are submitting an electronic DMR (eDMR), the completed eDMR must 

be electronically submitted to the Department by a facility authorized DMR Signatory not 

later than close of business on the 15th day of the month following the completed 

reporting period. Hard Copy documentation submitted in support of the eDMR must be 

postmarked on or before the thirteenth (13th) day of the month or hand-delivered to the 

Department’s Regional Office such that it is received by the Department on or before 

the fifteenth (15th) day of the month following the completed reporting period. Electronic

documentation in support of the eDMR must be submitted not later than close of business 

on the 15th day of the month following the completed reporting period. 

Additional monthly reporting requires submitting (in electronic version preferably) a 

DEP-49-CSO Form For Use With Non-Dedicated CSO Primary Clarifiers (see 

Attachment E of this permit) to: 

 

CSO Coordinator 

Department of Environmental Protection 

Bureau of Land & Water Quality 

Division of Water Quality Management 

17 State House Station 

Augusta, Maine 04333 

e-mail: CSOCoordinator@maine.gov

N. ASSET MANAGEMENT PROGRAM (AMP) 

The permittee shall prepare an AMP in accordance with Department guidance entitled, 

Maine Department of Environmental Protection, Clean Water State Revolving Fund 

(CWSRF) Guidance for Minimum Requirements for an Asset Management Program and 

Reserve Account In Order to Qualify for CWSRF Principal Forgiveness, DEPLW1190-2010. 

The AMP shall be reviewed and updated as necessary at least annually. The AMP shall be 

kept on-site at the permittee’s office and made available to Department staff for review 

during normal business hours. 

On or before December 22, 2011, (PCS Code 59499) the permittee shall submit a 

certification to the Department indicating a CWSRF AMP has been implemented in 

accordance with the Department guidance document DEPLW1190-2010. See Attachment F

of this minor revision for a copy of the certification form. 
#ME0100129 PERMIT PAGE 22 OF 22 

#W002751-6D-I-R 

SPECIAL CONDITIONS

O. REPAIR AND REPLACEMENT RESERVE ACCOUNT 

Beginning December 22, 2011, and every year thereafter totaling five consecutive years, the 

permittee shall fund a Repair and Replacement Reserve Account in the amount 

recommended in the permittee’s Asset Management Plan or at a minimum of 2% of the 

permittee’s total yearly wastewater operation and maintenance budget. 

On or before December 22, 2011, and every year thereafter for five years (PCS Code 

59499) the permittee shall submit a certification to the Department indicating a Repair and 

Replacement Reserve Account has been fully funded as required above. See Attachment G

of this minor revision for a copy of the certification form. The permittee shall attach copies 

of yearly audit reports to the annual certification forms showing funds in the reserve account 

for each year for the five years and, if funds were expended, what the funds were used for. 

P. WASTEWATER FACILITY ENERGY AUDIT 

The permittee shall conduct a comprehensive process energy audit for the wastewater 

facilities and infrastructure. The audit shall contain the minimum scope of work as presented 

in a document entitled, Maine Department of Environmental Protection, Model Energy Audit 

Request For Proposals, DEPLW1189-2010. 

On or before December 22, 2011, (PCS Code 43699) the permittee shall submit a final report to the 

Department that contains the findings of the energy audit. 

Q. REOPENING OF PERMIT FOR MODIFICATIONS 

Upon evaluation of the tests results or monitoring requirements specified in the Special 

Conditions of this permitting action, new site-specific information, or any other pertinent test 

results or information obtained during the term of this permit, the Department may, at any 

time and with notice to the permittee, modify this permit to; 1) include effluent limits 

necessary to control specific pollutants or whole effluent toxicity where there is a reasonable 

potential that the effluent may cause water quality criteria to be exceeded, (2) require 

additional effluent and or ambient water quality monitoring if results on file are inconclusive; 

or (3) change monitoring requirements or limitations based on new information. 

R. SEVERABILITY 

In the event that any provision(s), or part thereof, of this permit is declared to be unlawful by 

a reviewing court, the remainder of the permit shall remain in full force and effect, and shall 

be construed and enforced in all aspects as if such unlawful provision, or part thereof, had 

been omitted, unless otherwise ordered by the court. 
ATTACHMENT A 
Printed 7/27/2009 Maine Department of Environmental Protection

 WET and Chemical Specific Data Report Form

This form is for reporting laboratory data and facility information. Official compliance reviews will be done b

Facility Name MEPDES # Facility Representative Signature 

Pipe # To the best of my knowledge this informat

Licensed Flow (MGD) 

Acute dilution factor 

Chronic dilution factor Date Sample Collected Date Sample Analyzed 

Human health dilution factor 

Criteria type: M(arine) or F(resh) Laboratory Tele

0 Address 

Lab Contact L

Receiving 

Water or 

Ambient 

Effluent Concentration 

(ug/L or as noted)

WHOLE EFFLUENT TOXICITY

Acute Chronic Acut

Trout - AcuteTrout - ChronicWater Flea - AcuteWater Flea - Chronic

WET CHEMISTRY

pH (S.U.) (9) (8)Total Organic Carbon (mg/L) (8)Total Solids (mg/L)Total Suspended Solids (mg/L)Alkalinity (mg/L) (8)Specific Conductance (umhos)Total Hardness (mg/L) (8)Total Magnesium (mg/L) (8)Total Calcium (mg/L) (8)

ANALYTICAL CHEMISTRY (3)

Acute(6) Chronic(6) Health(6) Acut

TOTAL RESIDUAL CHLORINE (mg/L) (9) 0.05 NA

AMMONIA NA (8)

M ALUMINUM NA (8)M ARSENIC 5 (8)M CADMIUM 1 (8)M CHROMIUM 10 (8)M COPPER 3 (8)M CYANIDE 5 (8)M LEAD 3 (8)M NICKEL 5 (8)M SILVER 1 (8)M ZINC 5 (8)

Flow for Day (MGD)(1) Flow Avg. for Month (MGD)(2) 

Also do these tests on the effluent with WET. Testing on the receiving water is optional

ERROR WARNING ! Essential facility 

information is missing. Please check 

required entries in bold above. Please see the footnotes on the last page.

FRESH WATER VERSION

Reporting 

Limit Check

Effluent Limits, % Reporting 

Limit Check

WET Result, %

Do not enter % sign

P

Effluent Limits, ug/L

Reporting Limit

P

Revised July 2009 Page 1 
Printed 7/27/2009 Maine Department of Environmental Protection

 WET and Chemical Specific Data Report Form

This form is for reporting laboratory data and facility information. Official compliance reviews will be done b

PRIORITY POLLUTANTS (4)

Reporting Limit Acute(6) Chronic(6) Health(6) A

M ANTIMONY 5

M BERYLLIUM 2

M MERCURY (5) 0.2M SELENIUM 5

M THALLIUM 4

A 2,4,6-TRICHLOROPHENOL 3

A 2,4-DICHLOROPHENOL 5

A 2,4-DIMETHYLPHENOL 5

A 2,4-DINITROPHENOL 45

A 2-CHLOROPHENOL 5

A 2-NITROPHENOL 5

A

4,6 DINITRO-O-CRESOL (2-Methyl-4,6-dinitrophenol) 25

A 4-NITROPHENOL 20

A

P-CHLORO-M-CRESOL (3-methyl-4-chlorophenol)+B80 5

A PENTACHLOROPHENOL 20

A PHENOL 5

BN 1,2,4-TRICHLOROBENZENE 5

BN 1,2-(O)DICHLOROBENZENE 5

BN 1,2-DIPHENYLHYDRAZINE 10

BN 1,3-(M)DICHLOROBENZENE 5

BN 1,4-(P)DICHLOROBENZENE 5

BN 2,4-DINITROTOLUENE 6

BN 2,6-DINITROTOLUENE 5

BN 2-CHLORONAPHTHALENE 5

BN 3,3'-DICHLOROBENZIDINE 16.5BN 3,4-BENZO(B)FLUORANTHENE 5

BN 4-BROMOPHENYLPHENYL ETHER 2

BN 4-CHLOROPHENYL PHENYL ETHER 5

BN ACENAPHTHENE 5

BN ACENAPHTHYLENE 5

BN ANTHRACENE 5

BN BENZIDINE 45

BN BENZO(A)ANTHRACENE 8

BN BENZO(A)PYRENE 3

BN BENZO(G,H,I)PERYLENE 5

BN BENZO(K)FLUORANTHENE 3

BN BIS(2-CHLOROETHOXY)METHANE 5

BN BIS(2-CHLOROETHYL)ETHER 6

BN BIS(2-CHLOROISOPROPYL)ETHER 6

BN BIS(2-ETHYLHEXYL)PHTHALATE 3

BN BUTYLBENZYL PHTHALATE 5

BN CHRYSENE 3

BN DI-N-BUTYL PHTHALATE 5

BN DI-N-OCTYL PHTHALATE 5

BN DIBENZO(A,H)ANTHRACENE 5

BN DIETHYL PHTHALATE 5

BN DIMETHYL PHTHALATE 5

P

Effluent Limits

Reporting 

Limit Check

Revised July 2009 Page 2 
Printed 7/27/2009 Maine Department of Environmental Protection

 WET and Chemical Specific Data Report Form

This form is for reporting laboratory data and facility information. Official compliance reviews will be done b

BN FLUORANTHENE 5

BN FLUORENE 5

BN HEXACHLOROBENZENE 2

BN HEXACHLOROBUTADIENE 1

BN HEXACHLOROCYCLOPENTADIENE 10

BN HEXACHLOROETHANE 2

BN INDENO(1,2,3-CD)PYRENE 5

BN ISOPHORONE 5

BN N-NITROSODI-N-PROPYLAMINE 10

BN N-NITROSODIMETHYLAMINE 1

BN N-NITROSODIPHENYLAMINE 5

BN NAPHTHALENE 5

BN NITROBENZENE 5

BN PHENANTHRENE 5

BN PYRENE 5

P 4,4'-DDD 0.05P 4,4'-DDE 0.05P 4,4'-DDT 0.05P A-BHC 0.2

P A-ENDOSULFAN 0.05P ALDRIN 0.15P B-BHC 0.05P B-ENDOSULFAN 0.05P CHLORDANE 0.1

P D-BHC 0.05P DIELDRIN 0.05P ENDOSULFAN SULFATE 0.1

P ENDRIN 0.05P ENDRIN ALDEHYDE 0.05P G-BHC 0.15P HEPTACHLOR 0.15P HEPTACHLOR EPOXIDE 0.1

P PCB-1016 0.3

P PCB-1221 0.3

P PCB-1232 0.3

P PCB-1242 0.3

P PCB-1248 0.3

P PCB-1254 0.3

P PCB-1260 0.2

P TOXAPHENE 1

V 1,1,1-TRICHLOROETHANE 5

V 1,1,2,2-TETRACHLOROETHANE 7

V 1,1,2-TRICHLOROETHANE 5

V 1,1-DICHLOROETHANE 5

V

1,1-DICHLOROETHYLENE (1,1-dichloroethene) 3

V 1,2-DICHLOROETHANE 3

V 1,2-DICHLOROPROPANE 6

V

1,2-TRANS-DICHLOROETHYLENE (1,2-trans-dichloroethene) 5

V

1,3-DICHLOROPROPYLENE (1,3-dichloropropene) 5

V 2-CHLOROETHYLVINYL ETHER 20

Revised July 2009 Page 3 
Printed 7/27/2009 Maine Department of Environmental Protection

 WET and Chemical Specific Data Report Form

This form is for reporting laboratory data and facility information. Official compliance reviews will be done b

V ACROLEIN NA

V ACRYLONITRILE NAV BENZENE 5

V BROMOFORM 5

V CARBON TETRACHLORIDE 5

V CHLOROBENZENE 6

V CHLORODIBROMOMETHANE 3

V CHLOROETHANE 5

V CHLOROFORM 5

V DICHLOROBROMOMETHANE 3

V ETHYLBENZENE 10

V METHYL BROMIDE (Bromomethane) 5

V METHYL CHLORIDE (Chloromethane) 5

V METHYLENE CHLORIDE 5

V

TETRACHLOROETHYLENE (Perchloroethylene or Tetrachloroethene) 5

V TOLUENE 5

V TRICHLOROETHYLENE (Trichloroethene) 3

V VINYL CHLORIDE 5Notes: 

(1) Flow average for day pertains to WET/PP composite sample day.(2) Flow average for month is for month in which WET/PP sample was taken. (3) Analytical chemistry parameters must be done as part of the WET test chemistry.(4) Priority Pollutants should be reported in micrograms per liter (ug/L).(5) Mercury is often reported in nanograms per liter (ng/L) by the contract laboratory, so be sure to convert to micrograms per liter on this s(8) These tests are optional for the receiving water. However, where possible samples of the receiving water should be preserved and savfor the duration of the WET test. In the event of questions about the receiving water's possible effect on the WET results, chemistry tests should then be conducted.Comments:(9) pH and Total Residual Chlorine must be conducted at the time of sample collection. Tests for Total Residual Chlorine need be conduonly when an effluent has been chlorinated or residual chlorine is believed to be present for any other reason.(6) Effluent Limits are calculated based on dilution factor, background allocation (10%) and water quality reserves (15% - to allow for new changed discharges or non-point sources). (7) Possible Exceedence determinations are done for a single sample only on a mass basis using the actual pounds discharged. This anadoes not consider watershed wide allocations for fresh water discharges.

Revised July 2009 Page 4 
ATTACHMENT B 
MAINE DEPARTMENT OF ENVIRONMENTAL PROTECTION

WHOLE EFFLUENT TOXICITY REPORT

FRESH WATERS

Facility Name MEPDES Permit #

Pipe #

Facility Representative

By signing this form, I attest that to the best of my knowledge that the information provided is true, accurate, and complete.

Facility Telephone #

 mm/dd/yy mm/dd/yy

Chlorinated? Dechlorinated?

Results Effluent Limitations

 water flea trout A-NOEL 

A-NOEL C-NOEL 

C-NOEL

Data summary

final weight (mg)

 QC standard C>80 A>90 > 2% increase

 lab control 

 receiving water control

 conc. 1 ( %)

 conc. 2 ( %)

 conc. 3 ( %)

 conc. 4 ( %)

 conc. 5 ( %)

 conc. 6 ( %)

 stat test used

 place * next to values statistically different from controls

for trout show final wt and % incr for both controls

Reference toxicant

C-NOEL C-NOEL

 toxicant / date

 limits (mg/L)

 results (mg/L)

Comments

Laboratory conducting test

Company Name

Mailing Address Company Rep. Signature

City, State, ZIP

Company Rep. Name (Printed)

Company Telephone #

Report WET chemistry on DEP Form "ToxSheet (Fresh Water Version), March 2007."

water flea trout

 A-NOEL A-NOEL

A>90 >15/female C>80

% effluent

water flea trout

 % survival no. young % survival

Signature

Date Collected Date Tested

DEPLW 0741-B2007, Revised July 2009 Printed 7/27/2009
ATTACHMENT C 
MUNICIPALITY OR DISTRICT

REPORTING YEAR

YEARLY TOTAL PRECIPITATION INCHES

PRECIP. DATA FLOW DATA (GALLONS PER DAY) OR BLOCK ACTIVITY("1")

CSO START LOCATION: LOCATION: LOCATION: LOCATION: LOCATION: LOCATION: LOCATION: LOCATION: LOCATION: LOCATION: EVENT EVENT

EVENT DATE OVERFLOW DURATION

NO. OF TOTAL MAX. HR. NUMBER: NUMBER: NUMBER: NUMBER: NUMBER: NUMBER: NUMBER: NUMBER: NUMBER: NUMBER: GALLONS HRS

STORM INCHES INCHES

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

TOTALS

Note 1: Flow data should be listed as gallons per day. Storms lasting more than one day should show total flow for each day.

Note 2: Block activity should be shown as a "1" if the block floated away. Doc Num: DEPLW0462 Csoflows.xls (rev. 12/12/01)

CSO ACTIVITY AND VOLUMES

MAINE DEPARTMENT OF ENVIRONMENTAL PROTECTION

MEPDES / NPDES PERMIT NO.

SIGNED BY: DATE:
ATTACHMENT D 
Name of Facility: Federal Permit # ME 

Pipe # 

Purpose of this 

test: 

Initial limit 

determination 

Compliance monitoring for: 

year 

calendar 

quarter 

Supplemental or extra 

test 

SAMPLE COLLECTION INFORMATION 

Sampling Date: Sampling time: AM/PM 

mm dd yy 

Sampling 

Location: 

Weather Conditions: 

Please describe any unusual conditions with the influent or at the facility during or preceding the 

time of sample collection: 

Optional test - not required but recommended where possible to allow for the most meaningful 

evaluation of mercury results: 

Suspended Solids mg/L Sample type: Grab (recommended) or 

Composite 

ANALYTICAL RESULT FOR EFFLUENT MERCURY 

Name of Laboratory: 

Date of analysis: Result: ng/L (PPT) 

 Please Enter Effluent Limits for your facility 

Effluent Limits: Average = ng/L Maximum = ng/L 

Please attach any remarks or comments from the laboratory that may have a bearing on the results or their 

interpretation. If duplicate samples were taken at the same time please report the average. 

CERTIFICATION 

I certify that to the best of my knowledge the foregoing information is correct and representative 

of conditions at the time of sample collection. The sample for mercury was collected and 

analyzed using EPA Methods 1669 (clean sampling) and 1631 (trace level analysis) in 

accordance with instructions from the DEP. 

By: Date: 

Title: 

PLEASE MAIL THIS FORM TO YOUR ASSIGNED INSPECTOR 
ATTACHMENT E 
WET WEATHER BYPASS OPERATIONS REPORT FOR _________________________________ State License No. ____________ MEPDES/NPDES Permit No. ____________ SIGNED 

DATE

MONTH_____

YEAR_______

TREATED 

PRIMARY FLOW 

BYPASSING 

SECONDARY 

PRIMARY 

CLARIFIER 

SURFACE AREA

BYPASS 

DURATION

PRIMARY 

CLARIFIER 

SURFACE 

LOADING RATE

SECONDARY 

FLOW TREATED

TRUE CSO BYPASS

AROUND 

PRIMARY

MAX CHLORINE 

DOSE

CHLORINE 

RESIDUAL IN 

PRIMARY 

EFFLUENT

CHLORINE 

RESIDUAL IN 

SECONDARY 

EFFLUENT

CALCULATED 

BLENDED 

EFFLUENT

E.COLI / FECAL 

IN PRIMARY 

EFFLUENT

E.COLI / FECAL 

IN PRIMARY 

EFFLUENT

E.COLI / FECAL 

IN PRIMARY 

EFFLUENT

E.COLI / FECAL 

IN PRIMARY 

EFFLUENT

E.COLI / FECAL 

IN SECONDARY 

EFFLUENT

CALCULATED 

BLENDED 

EFFLUENT

pH

SETTLEABLE 

SOLIDS IN 

PRIMARY 

EFFLUENT

PRIMARY 

INFLUENT

PRIMARY 

EFFLUENT

PERCENT 

REMOVAL

SECONDARY 

EFFLUENT

MG Sf hrs Gpd/Sf MG MG mg/L mg/L mg/L mg/L #/100 #/100 #/100 #/100 #/100 ml/L mg/L mg/L % mg/L 

1

23456789

10

11

1213141516171819

20

21

222324252627282930

31

TotalAvr AvrMax Max

DEPARTMENT OF ENVIRONMENTAL PROTECTION

Number of discharge days

SECONDARY BYPASS FLOW DATA Cl RESIDUALS BACTERIA BOD5 

DEP-49-CSO FORM FOR USE WITH NON-DEDICATED CSO PRIMARY 
ATTACHMENT F 
CLEAN WATER STATE REVOLVING FUND 

ASSET MANAGEMENT PROGRAM 

CERTIFICATION 

I ___________________________ representing the ____________________________________ 

 (print name of cognizant official) (print name of permittee)

hereby certify that as of _____________________________ a Clean Water State Revolving (date) 

Fund (CWSRF) Asset Management Program has been prepared and implemented in accordance 

with Department Guidance entitled, Maine Department of Environmental Protection, Clean 

Water State Revolving Fund (CWSRF) Guidance for Minimum Requirements for an Asset 

Management Program and Reserve Account In Order to Qualify for CWSRF Principal 

Forgiveness, DEPLW1190-2010. 

Signature ____________________________________ Date ___________________ 
ATTACHMENT G 
CLEAN WATER STATE REVOLVING FUND 

REPAIR AND REPLACEMENT RESERVE ACCOUNT 

CERTIFICATION 

I ___________________________ representing the ____________________________________ 

 (print name of cognizant official) (print name of permittee)

hereby certify to the Maine Department of Environmental Protection that as of ______________ 

(date)

a Clean Water State Revolving Fund (CWSRF) Repair and Replacement Reserve Account has 

been established and is fully funded in accordance with Department Guidance entitled, Maine 

Department of Environmental Protection, Clean Water State Revolving Fund (CWSRF) 

Guidance for Minimum Requirements for an Asset Management Program and Reserve Account 

In Order to Qualify for CWSRF Principal Forgiveness, DEPLW1190-2010; and

That our total yearly wastewater operation and maintenance budget for the previous year was 

$_____________; and 

That the amount recommended in our asset management plan, or as a minimum, 2% of our total 

yearly wastewater operation and maintenance budget was $_____________; and 

That $_______________ was deposited to the Repair and Replacement Reserve Account last 

year; and 

That $_______________ was expended from this account last year in accordance with the 

Department Guidance; and 

That the current balance of the Repair and Replacement Reserve Account is $_______________. 

Signature ____________________________________ Date ___________________ 
MAINE POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT 

AND 

WASTE DISCHARGE LICENSE 

FACT SHEET

DATE: OCTOBER 3, 2011

MEPDES PERMIT: #ME0100129

WASTE DISCHARGE LICENSE: #W002751-6D-I-R

NAME AND ADDRESS OF APPLICANT: 

CITY OF CALAIS 

CALAIS CITY BUILDING 

P.O. BOX 413 

CALAIS, MAINE 04619 

COUNTY: WASHINGTON

NAME AND ADDRESS WHERE DISCHARGE OCCURS: 

CITY OF CALAIS WASTEWATER TREATMENT FACILITY 

ELM STREET 

CALAIS, MAINE 04619 

RECEIVING WATER / CLASSIFICATION: SAINT CROIX RIVER / CLASS C and SC SEGMENTS 

COGNIZANT OFFICIAL AND TELEPHONE NUMBER: 

MS. DIANE BARNES 

CITY MANAGER 

(207) 454-2521 

manager@calaismaine.org

1. APPLICATION SUMMARY 

a. Application: The City of Calais (City or permittee) has applied to the Department of 

Environmental Protection (Department) for the renewal of combination Maine Waste 

Discharge License (WDL) #W002751-5L-G-R / Maine Pollutant Discharge Elimination 

System (MEPDES) permit #ME0100129, which was issued by the Department on 

September 29, 2006, and expired on September 29, 2011. The September 29, 2006 

permit authorized the monthly average discharge of up to 1.5 million gallons per day 

(MGD) of secondary treated sanitary wastewater, an unspecified quantity of excess 

combined sanitary and storm water receiving primary treatment only (and seasonal 

disinfection) from a municipal wastewater treatment facility and an unspecified quantity 

of untreated combined sanitary and storm water from five (5) combined sewer overflow 

(CSO) outfalls to the St. Croix River, Class SC, in Calais, Maine. It is noted that the 
#ME0100129 FACT SHEET PAGE 2 OF 19 

#W002751-6D-I-R 

1. APPLICATION SUMMARY (cont’d) 

Department is correcting the description of the receiving water for CSO outfall #006 

from tidal Class SC to freshwater Class C. 

It is noted that, on January 18, 2011, the Department issued a minor revision to the 

September 29, 2006 permit to incorporate special conditions (included as Special 

Conditions O and P of this permit) regarding compliance with the 2010 Clean Water 

State Revolving Fund (CWSRF) Requirements (Asset Management Principal 

Forgiveness). 

2. PERMIT SUMMARY 

a. Terms and conditions: This permitting action is similar to the September 29, 2006 

permitting action in that it is carrying forward the:

Secondary Treated Wastewater (Outfall #001A)

1. Monthly average discharge flow limit of 1.5 MGD and the daily maximum discharge flow 

reporting requirement; 

2. Monthly average, weekly average and daily maximum mass limits for biochemical oxygen 

demand (BOD5) and total suspended solids (TSS); 

3. Monthly average and weekly average concentration limits and the daily maximum 

concentration reporting requirements for BOD5 and TSS; 

4. Requirement for a minimum of 85% removal of BOD5 and TSS; 

5. Daily maximum concentration limit for settleable solids of 0.3 ml/L; 

6. Daily maximum concentration limit of 1.0 mg/L for total residual chlorine (TRC); 

7. Daily maximum and monthly average concentration limitations of 50 colonies/100 mL and 

15 colonies/100 mL, respectively, for fecal coliform bacteria; 

8. A pH range limitation of 6.0 – 9.0 standard units; 

CSO-Related Bypasses of Secondary Treatment (Outfall #002A) – For the purposes of 

this permitting action, this term refers to structures and or processes at the wastewater 

treatment facility that provide equivalent to primary treatment and disinfection of 

wastewater that bypass the biological treatment portion of the facility in an effort to 

mitigate the discharge of untreated combined sanitary waste waters and storm water from 

the five CSOs listed in Special Condition J of the permit. 

9. Daily maximum and monthly total reporting requirements for discharge flow; 

10. Daily maximum concentration reporting requirements and the monthly average 

percent removal reporting requirements for BOD5 , and TSS; 

11. Daily maximum concentration limits for fecal coliform bacteria and TRC; 

12. Monthly average reporting requirements for overflow occurrences; 

13. Daily maximum surface loading rate reporting requirement; and 
#ME0100129 FACT SHEET PAGE 3 OF 19 

#W002751-6D-I-R 

2. PERMIT SUMMARY (cont’d)

Combined Sewer Overflows

14. Carrying forward authorization to discharge excess combined sanitary and 

storm water wastewater via five outfall points. 

This permitting action is different from the September 29, 2006 permitting action in that it is: 

1. Revising the minimum monitoring frequency requirement for settleable solids from once 

per day to five times per week; 

2. Revising previous Special Condition J, Disposal of Septage Waste in Waste Water 

Treatment Facility, based on the revised rule, Standards for the Addition of Transported 

Wastes to Waste Water Treatment Facilities, 06-096 CMR 555 (last amended February 5, 

2009) (see Special Condition I of this permit); 

3. Revising Special Condition L, 06-096 CMR 530(2)(D)(4) Statement for Reduced /Waived 

Toxics Testing, to include certification requirements for inflow/infiltration and transported 

wastes that may increase the toxicity of the discharge; 

4. Updating the CSO Master Plan interim compliance dates at Special Condition J based on 

the current status of CSO abatement projects; 

5. Correcting the classification of the St. Croix River at the point of discharge for CSO 

Outfall #006 from Class SC to Class C (fresh water segment); and 

6. Establishing Special Condition O, Repair and Replacement Reserve Account, and Special 

Condition P, Wastewater Facility Energy Audit, for compliance with the 2010 Clean Water 

State Revolving Fund. 

b. History: This section provides a summary of significant regulatory actions associated 

with the City’s wastewater treatment facility. 

September 30, 1997 – The U.S. Environmental Protection Agency (USEPA) issued 

National Pollutant Discharge Elimination System (NPDES) permit renewal #ME0100129 

for a five-year term. 

May 23, 2000 – The Department administratively modified the City’s July 13, 1999 

WDL by establishing interim monthly average and daily maximum technology-based 

concentration limitations of 16.7 ng/L and 25.1 ng/L, respectively, for mercury. 

January 12, 2001 – The Department received authorization from the USEPA to 

administer the NPDES permit program in Maine, excluding areas of special interest to 

Maine Indian Tribes. From that point forward, the program has been referred to as the 

MEPDES program, and MEPDES permit #ME0100129 has been utilized as the primary 

reference number for the City Inn wastewater treatment facility. 

June 20, 2004 – The City of Calais’ consulting engineer submitted a final document 

entitled, Waste Water Infrastructure Facilities Evaluation, to the Department. The 

report recommends significant structural and operational improvements for the 

treatment plant and collection system. 
#ME0100129 FACT SHEET PAGE 4 OF 19 

#W002751-6D-I-R 

2. PERMIT SUMMARY (cont’d) 

April 10, 2006 – The Department issued a modification to the July 13, 1999 WDL by 

incorporating the WET and chemical specific testing requirements of a new 

Department rule, Chapter 530, Surface Water Toxics Control Program.

August 31, 2006 – The City of Calais submitted a document entitled, Sewer System 

Master Plan For CSO Abatement, City of Calais, August 2006 to the Department for 

review and approval. 

September 2006 – The Board of Environmental Protection approved a Consent 

Agreement between the State of Maine and the City of Calais for violations of its 

waste discharge license. 

September 29, 2006 – The Department issued combination WDL/MEPDES permit 

#W002751-5L-G-R/#ME0100129 to City for a five-year term. The September 29, 

2006 permit superseded WDL #W002751-5L-E-R issued on July 13, 1999 and all 

previous WDLs back to the earliest order on file, dated November 20, 1984. 

June 30, 2011 – City submitted a timely and complete General Application to the 

Department for renewal of the September 29, 2006 MEPDES permit. The application 

was accepted for processing on July 5, 2011, and was assigned WDL #W002751-6D-I-R 

/ MEPDES #ME0100129. 

c. Source Description: The City’s wastewater treatment facility is located on Elm Street in 

Calais, Maine and has been treating domestic, light industrial, and commercial wastewater 

generated within the City of Calais since 1969. See Attachment A of this fact sheet for a 

location map. The facility serves a population of approximately 3,500 people. The City's 

sewer collection system is approximately 15 miles in length and is approximately 4.1% 

combined and 95.9% separated with ten (10) pump stations. The City has indicated there 

are no significant industrial users (SIUs) currently contributing wastewater to the treatment 

facility for which pretreatment of their waste waters is required. 

The City has applied for, and pursuant to Standards for the Addition of Transported 

Wastes to Waste Water Treatment Facilities, 06-096 CMR 555 (last amended February 5, 

2009), the permit authorizes the City to receive and introduce into the treatment process 

or solids handling stream up to a daily maximum of 4,000 GPD of transported wastes 

(septage wastes). See Special Condition I of the permit. It is noted that the facility also 

receives and introduces into the sludge handling waste stream up to 35,000 gallons per 

year of sludge generated at the Passamaquoddy Indian’s Pleasant Point wastewater 

treatment located in Perry, Maine. Transported sludge waste is introduced into Calais’ 

solids handling facility where it is co-mingled with sludge generated by the Calais 

facility. The dewatered sludge is transported to a composting facility permitted by the 

Department for further processing. 

The collection system does not currently have sufficient capacity to transport the volume 

of inflow and infiltration (I&I) water experienced during periods of rainfall and snow 

melt. There are currently five (5) permitted combined sewer overflows (CSOs) outfalls 
#ME0100129 FACT SHEET PAGE 5 OF 19 

#W002751-6D-I-R 

2. PERMIT SUMMARY (cont’d) 

associated with the collection system which are listed in Special Condition J, Combined 

Sewer Overflows (CSO), of the permit. 

d. Wastewater Treatment: The City of Calais operates a conventional biological wastewater 

treatment facility. See Attachment B of this fact sheet for a schematic presentation of 

the treatment plant. Treatment equipment/units include, but are not limited to, a 

headworks section with influent bar screen, a Parshall flume structure for flow 

measurement, a grit removal system, primary sedimentation clarifiers and gravity sludge 

thickener. 

Flows from the primary clarifiers pass through a splitter box and weir gate area which is 

intended to limit the flow volumes that can enter the secondary treatment system. The 

intent of this structure is to restrict flows into the aeration basins to only 1.5 MGD and to 

allow occasional peak flows above that amount to be discharged to the river after 

seasonal disinfection. A separate chlorine contact reactor is used to chlorinate peak 

flows. 

Normal levels of plant flow less than 1.5 MGD leave the primary clarifiers and receive 

secondary biological treatment using three 75,000-gallon reactors with mechanical 

surface aerators followed by two final settling clarifiers. Sludge handling equipment 

includes a 15,000-gallon storage tank and belt filter press. It is noted the Calais facility 

accepts waste activate sludge from the Passamaquoddy Indian’s Pleasant Point waste 

water treatment facility located in Perry, Maine. 

The original 1969 plant design included an inlet overflow structure and gate to restrict 

peak flows into the plant to just under the facility's hydraulic capacity. This was sealed 

off during the 1990 upgrade. However, given the history of washouts and flooding of the 

treatment facility during wet weather events, the City re-opened the overflow as a CSO 

point. 

Secondary treated effluent is seasonally disinfected with sodium hypochlorite and 

conveyed for discharge to the St. Croix River via a single outfall pipe measuring 18 

inches in diameter that is submerged to a depth of 5.6 feet below mean low water level. 

Occasional peak stormwater flows receiving primary treatment only (CSO-related bypass 

of secondary treatment) in excess of 1.8 MGD are discharged to the St. Croix River via a 

single outfall pipe measuring 18 inches in diameter that terminates above the surface of 

the river. 

It is noted Outfall #003 (CSO located just prior to the headworks of treatment plant) 

discharges to the St. Croix River via two outfalls pipes each measuring 18 inches in 

diameter that terminates above the surface of the river. 
#ME0100129 FACT SHEET PAGE 6 OF 19 

#W002751-6D-I-R 

3. CONDITIONS OF PERMITS 

Conditions of licenses, 38 M.R.S.A. § 414-A, requires that the effluent limitations prescribed for 

discharges, including, but not limited to, effluent toxicity, require application of best practicable 

treatment (BPT), be consistent with the U.S. Clean Water Act, and ensure that the receiving waters 

attain the State water quality standards as described in Maine's Surface Water Classification System. 

In addition, Certain deposits and discharges prohibited, 38 M.R.S.A. § 420 and Surface Waters 

Toxics Control Program, 06-096 CMR 530 (effective October 9, 2005) require the regulation of 

toxic substances not to exceed levels set forth in Surface Water Quality Criteria for Toxic Pollutants, 

06-096 CMR 584 (effective October 9, 2005), and that ensure safe levels for the discharge of toxic 

pollutants such that existing and designated uses of surface waters are maintained and protected. 

4. RECEIVING WATER QUALITY STANDARDS 

Classification of estuarine and marine waters, 38 M.R.S.A. § 469(7)(B)(1) classifies the tidal waters 

of the St. Croix River, which includes the river at the point of discharge for primary and secondary 

treated wastewater as well as four CSO outfalls, as Class SC waters. Standards for classification of 

estuarine and marine waters, 38 M.R.S.A. § 465-B(3) describes the standards for Class SC waters. 

Classification of major river basins, 38 M.R.S.A. § 467(13)(A)(4) classifies the fresh waters of the 

St. Croix River, which includes the river at the point of discharge for CSO outfall #006, as Class C 

waters. Standards for classification of estuarine and marine waters, 38 M.R.S.A. § 465(4) describes 

the standards for Class C waters. 

5. RECEIVING WATER QUALITY CONDITIONS 

The State of Maine 2008 Integrated Water Quality Monitoring and Assessment Report, 

(Report) prepared by the Department pursuant to Sections 303(d) and 305(b) of the Federal 

Water Pollution Control Act, lists the tidal portion of the St. Croix River at the point of 

discharge as “Category 5-B-1: Estuarine and marine waters impaired only by bacteria 

(TMDL required). The 2008 Report lists the freshwater portion of the St. Croix at the point 

of discharge for CSO Outfall #006 as, “Category 5-B: Rivers and Streams Impaired by 

Bacteria Contamination (TMDL Required).” The Report lists sources of the impairment as 

newly permitted CSO community, overboard discharges, sewerage treatment plants and nonpoint source discharges. The draft State of Maine 2010 Integrated Water Quality Monitoring 

and Assessment Report lists this waterbody in “Category 4-A: Estuarine and Marine Waters 

with Impaired Use, TMDL Completed.” The 2010 Report is pending USEPA approval. The 

Report states, “(A TMDL is complete, but there is insufficient new data to determine if 

attainment has been achieved. Note: Bacteria may impair either recreational uses 

(swimming) or shellfish consumption uses, or both. Shell fish consumption impairments only 

apply to waters naturally capable of supporting the shellfish-harvesting use (i.e., waters of 

high enough salinity for propagation of shellfish.) On September 28, 2009, the USEPA 

approved the Department’s Maine Statewide Bacteria TMDL (Total Maximum Daily Loads), 

dated August 2009, for fresh, marine and estuarine waters impaired by bacteria. (See: 

http://www.maine.gov/dep/blwq/docmonitoring/tmdl2.htm) The City has developed and 

implemented a CSO master plan for the elimination of all CSO points associated with the 

collection system. The Department acknowledges that elimination of all CSO points is a 

costly and long-term project. As the City’s sewer collection system and the City’s treatment 
#ME0100129 FACT SHEET PAGE 7 OF 19 

#W002751-6D-I-R 

5. RECEIVING WATER QUALITY CONDITIONS (cont’d)

facility are upgraded and maintained in according to the CSO Master Plan and Nine 

Minimum Controls, there should be reductions in the frequency and volume of CSO and 

primary treatment activities and, over time, improvement in the quality of the wastewater 

discharged to the receiving waters. According to Maine Combined Sewer Overflow 2010

Status Report (Department Document No.: DEPLW0972C-2011), since issuance of the 2006 

MEPDES permit, the City experienced six (6) CSO discharge events in calendar year 2006, 

eight (8) in 2007, ten (10) in 2008, fourteen (14) in 2009, and eight (8) in 2010. 

6. EFFLUENT LIMITATIONS & MONITORING REQUIREMENTS 

a. Flow: The previous permitting action established, and this permitting action is 

carrying forward, a monthly average discharge flow limit of 1.5 MGD for secondary 

treated wastewater via Outfall #001A, which is representative of the rate that can be 

consistently treated via the secondary treatment processes of the treatment plant for 

periods of up to a week or more. This permitting action is carrying forward a peak 

hourly trigger flow of 1.8 MGD (secondary clarifier capacity being the limiting 

factor) as the flow rate after which the permittee is authorized to bypass the 

secondary treatment process. Wastewater bypassing the secondary treatment process 

will receive primary treatment and seasonal disinfection and be discharged to the St. 

Croix River via a separate outfall pipe than the secondary treated wastewaters. 

The following table summarizes effluent data reported on Discharge Monitoring Reports 

(DMRs) for the period of March 2006 through March 2011 

Flow (DMRs=50) Outfall #001A 

Value Limit (MGD) Range (MGD) Mean (MGD) 

Monthly Average 1.5 0.2 – 1.2 0.6 

Daily Maximum n/a 0.3 – 4.2 1.6 

Primary Treated Wastewater via Outfall #002A

The previous permitting action established monthly total and daily maximum discharge 

flow reporting requirements for primary treated wastewater discharge via Outfall #002A. 

The Department has reviewed effluent flow data for primary treated wastewater from 

March 2006 through March 2011, which indicates the daily maximum flow has ranged 

from 0.02 MGD to 4.03 MGD with an arithmetic mean of 0.77 MGD (# DMRs = 37). 

This permitting action is carrying forward the monthly TOTAL and daily maximum 

discharge flow reporting requirements for primary treated wastewater discharged via the 

Outfall #002A consistent with the monitoring and reporting requirements established in 

MEPDES permits for other facilities authorized to discharge primary treated wastewater. 

This permitting action is establishing identical discharge flow monitoring requirements 

for Outfall #002A. 
#ME0100129 FACT SHEET PAGE 8 OF 19 

#W002751-6D-I-R 

6. EFFLUENT LIMITATIONS & MONITORING REQUIREMENTS (cont’d) 

b. Dilution Factors: 06-096 CMR 530(4)(A)(2)(a) states that, “For discharges to the 

ocean, dilution must be calculated as near-field or initial dilution, or that dilution 

available as the effluent plume rises from the point of discharge to its trapping level, 

at mean low water level and slack tide for the acute exposure analysis, and at mean 

tide for the chronic exposure analysis using appropriate models determined by the 

Department such as MERGE, CORMIX or another predictive model.” 

The Department has made a determination that, at the point of discharge, freshwater river 

flow is dominant and has therefore calculated the dilution factors for this facility in 

accordance with the freshwater protocol at 06-096 CMR 530(4)(A) as follows: 

Mod. Acute: 1⁄4 Q10 (1): = 194 cfs  (194 cfs)(0.6464) + (1.5 MGD) = 84:1 

 (1.5 MGD) 

Acute: 1Q10 = 775 cfs(2)  (775 cfs)(0.6464) + (1.5 MGD) = 335:1 

 (1.5 MGD) 

Chronic: 7Q10 =775 cfs(2)  (775 cfs)(0.6464) + (1.5 MGD) = 335:1 

 (1.5 MGD) 

Harmonic Mean: = 1,928 cfs  (1,928 cfs)(0.6464) + (1.5 MGD) = 832:1 

 (1.5 MGD) 

Footnotes

(1) 06-096 CMR 530(4)(B)(1) states, 

Analyses using numerical acute criteria for aquatic life must 

be based on 1/4 of the 1Q10 stream design flow to prevent 

substantial acute toxicity within any mixing zone and to 

ensure a zone of passage of at least 3/4 of the crosssectional area of any stream as required by Chapter 581. 

Where it can be demonstrated that a discharge achieves 

rapid and complete mixing with the receiving water by way 

of an efficient diffuser or other effective method, analyses 

may use a greater proportion of the stream design flow, up 

to and including all of it, as long as the required zone of 

passage is maintained. 

(2) The 1Q10 and 7Q10 are based on a minimum flow of 750 cfs being maintained at 

the paper mill in Baileyville, approximately 10 miles upstream, plus the drainage 

area between the mill and the discharge from the Calais wastewater treatment 

facility. 
#ME0100129 FACT SHEET PAGE 9 OF 19 

#W002751-6D-I-R 

6. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (cont’d) 

The City’s outfall pipe is not fitted with diffusers or other mechanisms to assist in 

complete and rapid mixing of the effluent with the receiving waters. Therefore, the 

Department is utilizing the default stream flow of 1⁄4 of the 1Q10 in acute evaluations 

pursuant to 06-096 CMR 530. 

c. Biochemical Oxygen Demand (BOD5) and Total Suspended Solids (TSS): The previous 

permitting action established, and this permitting action is carrying forward, monthly 

average and weekly average technology-based concentration limits of 30 mg/L and 45 

mg/L, respectively, for BOD5 and TSS based on the secondary treatment requirements 

specified at Effluent Guidelines and Standards, 06-096 CMR 525(3)(III) (effective 

January 12, 2001), and a daily maximum concentration limit of 50 mg/L, which is based 

on a Department best professional judgment of best practicable treatment for secondary 

treated wastewater. The technology-based monthly average and weekly average mass 

limits of 375 lbs./day and 563 lbs./day, respectively, established in the previous 

permitting action for BOD5 and TSS are based on the monthly average flow limit of 1.5 

MGD and the applicable concentration limits, and are also being carried forward in this 

permitting action. This permitting action is carrying forward a requirement for a 

minimum of 85% removal of BOD5 & TSS pursuant to 06-096 CMR 525(3)(III)(a&b)(3). 

The previous permit did not establish numeric daily maximum mass limitations for BOD5

or TSS to encourage the City from treating as much wastewater as possible through the 

secondary treatment system during wet weather events. This permitting action is 

carrying forward daily maximum mass reporting requirements for BOD5 and TSS 

consistent with the determination made by the Department in the 2006 permit. 

A summary of the effluent BOD5 and TSS data as reported on the DMRs submitted to the 

Department for the period March 2006 through November 2011 follows. 

BOD5 Mass 

Value Limit (lbs/day) Range (lbs/day) Mean (lbs/day) #DMRs

Monthly Average 375 13 – 129 48 50 

Weekly Average 563 16 – 206 85 47 

Daily Maximum Report 24 – 352 111 50 

BOD5 Concentration 

Value Limit (mg/L) Range (mg/L) Mean (mg/L) #DMRs

Monthly Average 30 6 - 14 8 50 

Weekly Average 45 7 - 14 10 47 

Daily Maximum 50 5 - 20 11 50 
#ME0100129 FACT SHEET PAGE 10 OF 19 

#W002751-6D-I-R 

6. EFFLUENT LIMITATIONS & MONITORING REQUIREMENTS (cont’d)

TSS Mass 

Value Limit (lbs/day) Range (lbs/day) Mean (lbs/day) #DMRs

Monthly Average 375 7 – 124 43 50 

Weekly Average 563 12 – 172 80 46 

Daily Maximum Report 13 – 387 117 50 

TSS Concentration 

Value Limit (mg/L) Range (mg/L) Mean (mg/L) #DMRs

Monthly Average 30 4 - 12 7 50 

Weekly Average 45 5 - 16 10 47 

Daily Maximum 50 6 - 23 12 50 

This permitting action is carrying forward the minimum monitoring frequency 

requirements for BOD5 and TSS of twice per week are being carried forward from the 

September 29, 2006 permit based on a long-standing Department guidance document 

for facilities with a monthly average flow between 0.5-1.5 MGD. 

Primary Treated Wastewater via Outfall #002A

The previous permitting action established, and this permitting action is carrying forward, 

daily maximum concentration reporting requirements and a monthly average percent 

removal reporting requirements for BOD5 and TSS for primary treated wastewater 

discharged via Outfall #002A. 

The Department has summarized effluent BOD5 and TSS data for primary treated 

wastewater for the period of October 2006 through November 2010 as follow. 

BOD5 Concentration – Primary Treatment 

Value Limit (mg/L) Range (mg/L) Mean (mg/L) #DMRs

Daily Maximum Report 20 – 130 71 35 

TSS Concentration – Primary Treatment 

Value Limit (mg/L) Range (mg/L) Mean (mg/L) #DMRs

Daily Maximum Report 17 – 172 81 35 

d. Settleable Solids: The previous permitting action established, and this permitting action 

is carrying forward, a daily maximum concentration limit of 0.3 ml/L, which is 

considered by the Department as best professional judgment of best practicable treatment. 

A summary of the effluent settleable solids data as reported on the DMRs submitted to 

the Department for the period March 2006 through February 2011 (#DMRs = 53) 

indicates that the facility has been incompliance with the 0.3 ml/L limit during each 

sampling event. 
#ME0100129 FACT SHEET PAGE 11 OF 19 

#W002751-6D-I-R 

6. EFFLUENT LIMITATIONS & MONITORING REQUIREMENTS (cont’d) 

This permitting action is revising the minimum monitoring frequency requirement 

from once per day to five times per week based on a request by the permittee in 

consideration of the compliance history with this parameter. 

e. Fecal Coliform Bacteria: The previous permitting action established, and this 

permitting action is carrying forward, a daily maximum limit of 50 colonies/100 mL 

and a monthly average limit of 15 colonies/100 mL (geometric mean) for fecal 

coliform bacteria, which are consistent with the National Shellfish Sanitation 

Program. 

The bacteria limits established in this permitting action are seasonal and apply 

between May 15 and September 30, inclusive, of each year. However, the 

Department reserves the right to require year-round disinfection to protect the health, 

safety and welfare of the public. 

A review of the monthly Discharge Monitoring Report (DMR) data for the period 

September 2009 – September 2010 (applicable months only) indicates fecal coliform 

bacteria have been reported as follows: 

Fecal coliform bacteria 

Value Limit 

(col/100 mL) 

Range 

(col/100 mL) 

Mean 

(col/100 mL) 

#DMRs 

Monthly Average 15 <1 – 4 8 8 

Daily Maximum 50 2 – 7 5 8 

This permitting action is carrying forward the minimum monitoring frequency 

requirement for fecal coliform bacteria of twice per week during the months of May 

through September, inclusive, based on a long-standing Department guidance 

document for facilities with a monthly average flow between 0.5-1.5 MGD. 

Primary Treated Wastewater via Outfall #002A

The previous permitting action established a seasonal (May 15-Septebmer 30) daily 

maximum concentration limitation of 200 colonies/100 mL for fecal coliform bacteria for 

primary treated wastewater discharge via Outfall #002A. This limitation is based on 

Department best professional judgment of best practicable treatment for primary treated 

wastewater. During the period of May 2007 through September 2010, the City reported 

four fecal coliform results for primary treated wastewater discharges. Three of the four 

results are <1 col/10 mL and the result for July 15, 2009 is 21 col/100 mL. 

f. Total Residual Chlorine (TRC): The previous permitting action established, and this 

permitting action is carrying forward, a technology-based daily maximum 

concentration limit of 1.0 mg/L for TRC. Limitations on TRC are specified to ensure 

that ambient water quality standards are maintained and that BPT technology is being 

applied to the discharge. Department permitting actions impose the more stringent of 

either a water quality-based or BPT-based limit. With dilution factors as determined 
#ME0100129 FACT SHEET PAGE 12 OF 19 

#W002751-6D-I-R 

6. EFFLUENT LIMITATIONS & MONITORING REQUIREMENTS (cont’d)

above, end-of-pipe (EOP) water quality-based concentration thresholds for TRC may 

be calculated as follows: 

Calculated 

Mod. Acute (A) Chronic (C) Mod.A & C Acute Chronic 

Criterion Criterion Dilution Factors Threshold Threshold

0.013 mg/L 0.0075 mg/L 84:1 (Mod. A) 1.1 mg/L 2.5 mg/L 

 335:1 (C) 

The Department has established a daily maximum BPT limitation of 1.0 mg/L for 

facilities that disinfect their effluent with elemental chlorine or chlorine-based 

compounds. For facilities that dechlorinate the discharge in order to meet water quality 

based thresholds, the Department has established daily maximum and monthly average 

BPT limits of 0.3 mg/L and 0.1 mg/L, respectively. The City currently does not 

dechlorinate the effluent prior to discharge. 

The technology-based daily maximum concentration limit of 1.0 mg/L is more stringent 

than either the calculated acute or chronic water quality-based thresholds and is therefore 

being carried forward in this permitting action. This permitting action is carrying 

forward the minimum monitoring frequency of once per day based on a long-standing 

Department guidance document for facilities with a monthly average flow between 0.5-

1.5 MGD. 

A summary of the effluent TRC data for the period May 2006 through November 2010 

(applicable disinfection period only) follows. 

Total residual chlorine (DMRs=21) 

Value Limit (mg/L) Range (mg/L) Mean (mg/L) 

Daily Maximum 1.0 0.1 – 0.82 0.4 

It is noted that although fecal coliform bacteria limits are seasonal, daily TRC monitoring 

is required any time chlorine-based compounds are in use for effluent disinfection. For 

instances when the chlorine-based compounds have not been utilized for effluent 

disinfection for an entire reporting period, the permittee shall report “NODI-9” for this 

parameter on the monthly discharge monitoring report (DMR). 

Primary Treated Wastewater via Outfall #002A

The previous permitting action established, and this permitting action is carrying forward, 

a daily maximum concentration limitation of 1.0 mg/L for TRC for primary treated 

wastewater discharged via Outfall #002A. This limitation is based on based on 

Department best professional judgment of best practicable treatment for primary treated 

wastewater. 
#ME0100129 FACT SHEET PAGE 13 OF 19 

#W002751-6D-I-R 

6. EFFLUENT LIMITATIONS & MONITORING REQUIREMENTS (cont’d) 

A summary of the effluent TRC data for primary treated wastewater for the period of 

October 2006 through November 2010 (applicable disinfection period only) follows. 

Total residual chlorine (DMRs=7) – Primary Treatment 

Value Limit (mg/L) Range (mg/L) Mean (mg/L) 

Daily Maximum 1.0 0.06 – 0.73 0.20 

g. pH: The previous permitting action established, and this permitting action is carrying 

forward, a pH range limit of 6.0 – 9.0 standard units (SU), based on the secondary 

treatment requirements prescribed at 06-096 CMR 525(3)(III)(c). This permitting 

action is carrying forward the minimum monitoring frequency requirement of once 

per day based on a long-standing Department guidance document for facilities with a 

monthly average flow between 0.5-1.5 MGD. 

A summary of effluent pH data as reported on the DMRs for the period of March 2006 

through November 2011 (# DMRs = 50) indicates the facility has ranged from 6.2 SU to 

7.9 SU during said reporting period. 

h. Whole Effluent Toxicity (WET) & Chemical-Specific Testing – Conditions of licenses, 

38 M.R.S.A. § 414-A and Certain deposits and discharges prohibited, 38 M.R.S.A. § 

420, prohibit the discharge of effluents containing substances in amounts that would 

cause the surface waters of the State to contain toxic substances above levels set forth in 

Federal Water Quality Criteria as established by the USEPA. Surface Water Toxics 

Control Program, 06-096 CMR 530 (effective October 9, 2005), and Surface Water 

Quality Criteria for Toxic Pollutants, 06-096 CMR 584 (effective October 9, 2005) set 

forth ambient water quality criteria (AWQC) for toxic pollutants and procedures 

necessary to control levels of toxic pollutants in surface waters. WET, priority pollutant 

and analytical chemistry testing as required by 06-096 CMR 530, is included in this 

permit in order to fully characterize the effluent. This permit also provides for 

reconsideration of effluent limits and monitoring schedules after evaluation of toxicity 

testing results. The monitoring schedule includes consideration of results currently on 

file, the nature of the wastewater, existing treatment and receiving water characteristics. 

WET monitoring is required to assess and protect against impacts upon water quality and 

designated uses caused by the aggregate effect of the discharge on specific aquatic 

organisms. Acute and chronic WET tests are performed on invertebrate and vertebrate 

species. Priority pollutant and analytical chemistry testing is required to assess the levels 

of individual toxic pollutants in the discharge, comparing each pollutant to acute, chronic, 

and human health AWQC as established in 06-096 CMR 584. 

06-096 CMR 530 establishes four categories of testing requirements based predominately 

on the chronic dilution factor. The categories are as follows: 

1) Level I – chronic dilution factor of <20:1. 

2) Level II – chronic dilution factor of >20:1 but <100:1. 

3) Level III – chronic dilution factor >100:1 but <500:1 or >500:1 and Q >1.0 MGD 

4) Level IV – chronic dilution >500:1 and Q <1.0 MGD 
#ME0100129 FACT SHEET PAGE 14 OF 19 

#W002751-6D-I-R 

6. EFFLUENT LIMITATIONS & MONITORING REQUIREMENTS (cont’d)

06-096 CMR 530(1)(D) specifies the criteria to be used in determining the minimum 

monitoring frequency requirements for WET, priority pollutant and analytical chemistry 

testing. Based on the 06-096 CMR 530 criteria, the permittee’s facility falls into the 

Level III frequency category as the facility has a chronic dilution factor of >100:1 but 

<500:1 and a permitted flow of < 1.0 MGD. 06-096 CMR 530(1)(D)(1) specifies that 

routine screening and surveillance level testing requirements are as follows: 

Screening level testing – Beginning 12 months prior to permit expiration and lasting 

through permit expiration and every five years thereafter. 

Level WET Testing Priority pollutant 

testing 

Analytical chemistry 

III 1 per year 1 per year 4 per year 

Surveillance level testing – Beginning upon issuance of the permit and lasting through 

12 months prior to permit expiration. 

Level WET Testing Priority pollutant 

testing 

Analytical chemistry 

III 1 per year None required 1 per year 

See Attachment C of this Fact Sheet for a summary of the WET test results and 

Attachment D of this Fact Sheet for a summary of the chemical-specific test dates. 

06-096 CMR 530(D)(3)(b) states, in part, Dischargers in Levels III and IV may be waived 

from conducting surveillance testing for individual WET species or chemicals provided 

that testing in the preceding 60 months does not indicate any reasonable potential for 

exceedence as calculated pursuant to section 3(E). 

06-096 CMR 530(3)(E) states “For effluent monitoring data and the variability of the 

pollutant in the effluent, the Department shall apply the statistical approach in Section 

3.3.2 and Table 3-2 of USEPA's "Technical Support Document for Water Quality-Based 

Toxics Control" (USEPA Publication 505/2-90-001, March, 1991, EPA, Office of Water, 

Washington, D.C.) to data to determine whether water-quality based effluent limits must 

be included in a waste discharge license. Where it is determined through this approach 

that a discharge contains pollutants or WET at levels that have a reasonable potential 

to cause or contribute to an exceedence of water quality criteria, appropriate water 

quality-based limits must be established in any licensing action.” 

06-096 CMR 530(3) states, “In determining if effluent limits are required, the 

Department shall consider all information on file and effluent testing conducted during 

the preceding 60 months. However, testing done in the performance of a Toxicity 

Reduction Evaluation (TRE) approved by the Department may be excluded from such 

evaluations.” 
#ME0100129 FACT SHEET PAGE 15 OF 19 

#W002751-6D-I-R 

6. EFFLUENT LIMITATIONS & MONITORING REQUIREMENTS (cont’d)

WET evaluation

On May 25, 2011, the Department conducted a statistical evaluation on the most 

recent 60 months of WET data which indicates that the discharge does not exceed or 

have a reasonable potential (RP) to exceed the acute or chronic critical ambient 

water quality criteria (AWQC) thresholds (1.2% and 0.3% – mathematical inverse 

of the modified acute dilution factor 84:1 and the chronic dilution factor 335:1). 

Given the absence of exceedences or reasonable potential to exceed critical WET 

thresholds, the permittee meets the surveillance level monitoring frequency waiver 

criteria found at 06-096 CMR 530(D)(3)(b). Therefore, this permit is establishing a 

requirement for the permittee to only conduct screening level testing for both the mysid 

shrimp and sea urchin during the 12-month period prior to the expiration date of this 

permit and every five years thereafter. 

In accordance with 06-096 CMR 530(2)(D)(4) and Special Condition L, 06-096 CMR 

530(2)(D)(4) Statement For Reduced/Waived Toxics Testing, of this permit, the permittee 

must annually submit to the Department a written statement evaluating its current status 

for each of the conditions listed. 

Chemical evaluation

06-096 CMR 530(4)(C), states “The background concentration of specific chemicals 

must be included in all calculations using the following procedures. The Department may 

publish and periodically update a list of default background concentrations for specific

pollutants on a regional, watershed or statewide basis. In doing so, the Department shall 

use data collected from reference sites that are measured at points not significantly 

affected by point and non-point discharges and best calculated to accurately represent 

ambient water quality conditions The Department shall use the same general methods as 

those in section 4(D) to determine background concentrations. For pollutants not listed 

by the Department, an assumed concentration of 10% of the applicable water quality 

criteria must be used in calculations.” The Department has limited information on the 

background levels of metals in the water column in the St. Croix River in the vicinity of 

the permittee’s outfall. Therefore, a default background concentration of 10% of the 

applicable water quality criteria is being used in the calculations of this permitting action. 

06-096 CMR 530(4)(E), states “In allocating assimilative capacity for toxic pollutants, 

the Department shall hold a portion of the total capacity in an unallocated reserve to 

allow for new or changed discharges and non-point source contributions. The 

unallocated reserve must be reviewed and restored as necessary at intervals of not more 

than five years. The water quality reserve must be not less than 15% of the total 

assimilative quantity.” Therefore, the Department is reserving 15% of the applicable 

water quality criteria in the calculations of this permitting action.
#ME0100129 FACT SHEET PAGE 16 OF 19 

#W002751-6D-I-R 

6. EFFLUENT LIMITATIONS & MONITORING REQUIREMENTS (cont’d)

06-096 CMR 530(3)(E) states "... that a discharge contains pollutants or WET at levels 

that have a reasonable potential to cause or contribute to an exceedence of water quality 

criteria, appropriate water quality-based limits must be established in any licensing 

action.”

On May 25, 2011, the Department conducted a statistical evaluation on the most 

recent 60 months of chemical specific data which indicates that the discharge does 

not exceed or have a reasonable potential (RP) to exceed the acute, chronic or 

human health-based ambient water quality criteria (AWQC) for any pollutants 

analyzed. This permitting action is not establishing effluent limitations for specific 

pollutants based on the results of the May 25, 2011 statistical evaluation. 

Given the absence of exceedences or reasonable potential to exceed the AWQC for 

specific pollutants, the permittee meets the surveillance level monitoring frequency 

waiver criteria found at 06-096 CMR 530(D)(3)(b). 

i. Primary Treated Wastewater

The permittee maintains a combined sewer system from which wet weather overflow 

have been documented. To address and control these events, the applicant has completed 

a Master Plan (Long Term Control Plan) for its sewer systems and has considered various 

control options. The Department approved the Master Plan on June 18, 2007. The plan 

addresses all of the relevant considerations contained in the USEPA’s CSO Policy, 

section II.C. See Federal Register, April 19, 1994. One element of the applicant’s 

Master Plan is to maximize existing infrastructure to covey as much excess wet weather 

flow to the treatment facility as practicable. However, due to the nature and volume of 

wet weather flows, it is not possible to provide secondary treatment for all flows that can 

be conveyed to the treatment plant site. Attempting to do so would cause upsets and 

damage to the secondary treatment process. Expansion of the secondary system would 

not be practicable since the facilities would be too large to effectively treat normal dry 

weather flows. 

Given these circumstances, and consistent with the USEPA’s April 19, 1994 CSO Policy, 

Section II.C.7, the Department has determined that primary treatment and disinfection 

(when required) is an appropriate means of best practicable treatment (BPT) for some 

excess CSO flows and this treatment can be accomplished at the existing treatment 

facility site. For those flows received at the treatment facility which are greater than that 

which can be treated to a secondary level of treatment, the Department has made a best 

professional judgment (BPJ) that primary treatment and disinfection constitute 

appropriate and best practicable treatment. This permitting action carries forward 

numeric daily maximum limitations of 200 colonies/100 mL for fecal coliform bacteria 

and 1.0 mg/L for TRC based on Department BPJ of BPT for primary treated wastewater. 

 

Bacterial contamination is the most direct water quality risk from wet weather discharge 

events and this permit contains limits for fecal coliform bacteria on a seasonal (May 15 – 

September 30) basis to protect the health, safety and welfare of the public. Since the 
#ME0100129 FACT SHEET PAGE 17 OF 19 

#W002751-6D-I-R 

6. EFFLUENT LIMITATIONS & MONITORING REQUIREMENTS (cont’d) 

primary effluent is somewhat more difficult to disinfect due to a higher organic content 

and flow variations, the use a daily maximum of 50 colonies/100 mL for fecal coliform 

bacteria as in the secondary effluent would be inappropriate. The Department has made a 

best professional judgment determination that the limitation of 200 colonies/100 mL 

constitutes best practicable treatment for primary treated wastewater that, with the 

available dilution, is protective of receiving water quality. The total residual chlorine 

limit of 1.0 mg/L was established using the same considerations as for the secondary 

effluent. 

For Outfall #002A, this permitting action is carrying forward primary treatment 

monitoring and reporting requirements for Discharge Flow, Surface Loading Rate, 

Overflow Occurrence, BOD5, BOD5 Percent Removal, TSS, TSS Percent Removal, Fecal 

Coliform Bacteria, and TRC based on a Department BPJ of data necessary to evaluate the 

performance of the primary treatment process. 

7. COMBINED SEWER OVERFLOWS 

This permit does not contain effluent limitations on the individual CSO outfalls listed in the 

table below. 

Outfall No./Name Outfall Location Receiving Water and Class

003 Headworks Treatment Plant St. Croix River, Class SC 

004 Steamboat Street PS Steamboat Street St. Croix River, Class SC 

005 Union Street PS Union Street St. Croix River, Class SC 

006 King Street PS King Street St. Croix River, Class C

007 South Street PS South Street St. Croix River, Class SC 

Combined Sewer Overflow Abatement 06-096 CMR 570 (last amended February 8, 1978) 

states that for discharges from overflows from combined municipal storm and sanitary sewer 

systems, the requirement of “best practicable treatment” specified in 38 M.R.S.A. 

414-A(1)(D) may be met by agreement with the discharger, as a condition of its permit, 

through development of a plan within a time period specified by the Department. The City 

submitted to the Department a CSO Master Plan entitled, “Sewer System Master Plan for 

CSO Abatement City of Calais, prepared by Olver Associates, Inc., and approved by the 

Department on June 18, 2007. 

The City has been actively implementing the recommendations of the Master Plan and to 

date has significantly reduced the volume of untreated combined sewer overflows to the 

receiving water. Special Condition J, Conditions For Combined Sewer Overflows, of the 

permit contains a schedule of compliance for items in the most current up-to-date abatement 

plan which must be completed. 

The Department acknowledges that the elimination of the five remaining CSOs in the 

collection system and the secondary bypass (primary treated only) of sanitary wastewater is a 
#ME0100129 FACT SHEET PAGE 18 OF 19 

#W002751-6D-I-R 

7. COMBINED SEWER OVERFLOWS (cont’d) 

costly, long-term project. As the Calais treatment facility and the sewer collection system are 

upgraded and maintained in according to the CSO Master Plan and Nine Minimum Controls, 

there should be reductions in the frequency and volume of CSO activities and in the 

wastewater receiving primary treatment only at the treatment plant, and, over time, 

improvement in the quality of the wastewater discharged to the receiving waters. 

8. DISCHARGE IMPACT ON RECEIVING WATER QUALITY 

The Department acknowledges that the elimination of the five (5) CSOs in the collection 

system is a costly long-term project. As the City’s sewer collection system is upgraded and 

maintained in accordance with the City’s CSO Master Plan and Nine Minimum Controls, 

there should be reductions in the frequency and volume of CSO activities and in the 

wastewater receiving primary treatment only at the treatment plant over time. The 

Department expects these reductions to show an improvement in the ambient water quality of 

the receiving waters impacted by CSO discharges. As permitted, the Department has 

determined the existing water uses will be maintained and protected and that the discharge 

will not cause or contribute to the failure of the St. Croix River to meet the applicable 

standards for Class C or Class SC classifications.

8. PUBLIC COMMENTS 

Public notice of this application was made in accordance with Rules Concerning the Processing of 

Applications and Other Administrative Matters, 06-096 CMR 2(14)(C). The Department receives 

public comments on an application until the date a final agency action is taken on the application. 

Those persons receiving copies of draft permits shall have at least 30 days in which to submit 

comments on the draft or to request a public hearing, pursuant to Application Processing 

Procedures for Waste Discharge Licenses, 06-096 CMR 522 (effective January 12, 2001). 

9. DEPARTMENT CONTACTS 

Additional information concerning this permitting action may be obtained from, and written 

comments sent to: 

Bill Hinkel 

Division of Water Quality Management 

Bureau of Land & Water Quality 

Department of Environmental Protection 

17 State House Station 

Augusta, Maine 04333-0017 

e-mail: bill.hinkel@maine.gov Telephone: (207) 485-2281 
#ME0100129 FACT SHEET PAGE 19 OF 19 

#W002751-6D-I-R 

10. RESPONSE TO COMMENTS 

During the period of August 16, 2011 through the issuance date of the final permit, the 

Department solicited comments on the proposed draft Maine Pollutant Discharge Elimination 

System Permit to be issued to the City of Calais for the proposed discharges. The City’s 

consultant, Olver Associates, Inc. submitted written comments in a letter dated September 

16, 2011. The only significant comment was that the sludge received from the Pleasant Point 

wastewater treatment facility should not be included as “transported waste” under 06-096 

CMR 555 and Special Condition I of the permit. The Department concurs that this waste 

stream is not subject to regulation under 06-096 CMR 555 and Special Condition I of the 

draft permit has been revised to eliminate numeric limits on the quantity of sludge the Calais 

facility may receive for sludge handling. 
ATTACHMENT A 
#0

#0

#0

#0 #0

#0

#0

#0

#0 #0

#0

#0

#*

#*

#*

#

#

#

"/

"/

St Croix River

St Croix River

St Croix River

CALAIS WWTP, CITY OF

CALAIS SCHOOL DEPARTMENT

WASHINGTON COUNTY TECHNICAL COLLEGE

St Croix River

003

HEADWORKS

006

KING ST PS

005

UNION ST PS

007

SOUTH ST PS

004

STEAMBOAT ST PS

CALAIS SCHOOL DEPARTMENT

WASHINGTON COUNTY TECHNICAL COLLEGE

0 0.5 1 2

Miles

City of Calais Wastewater Treatment Facility - Calais, Maine / Map created by

Maine DEP

May 2011

Legend

# Wastewater_Facilities.lyr

Wastewater Outfalls

#0 Minor < 1 MGD

Wastewater Outfalls

#0 Major >1 MGD

Wastewater Outfalls

#0 Combined Sewer Overflow

Coastal Waters

Coastal Water Class

sa

sb

sc

River Class

River Class

AA

A

B

C

^_

Calais WWTF

Location Map

Calais, Maine

CANADA
ATTACHMENT B 

ATTACHMENT C 

ATTACHMENT D 

ATTACHMENT E 

MAINE POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT 

STANDARD CONDITIONS APPLICABLE TO ALL PERMITS 

--------------------------------------------------------------------------------------------------------------------- 

CONTENTS

SECTION TOPIC PAGE 

A GENERAL PROVISIONS 

1 General compliance 2 

2 Other materials 2 

3 Duty to Comply 2 

4 Duty to provide information 2 

5 Permit actions 2 

6 Reopener clause 2 

7 Oil and hazardous substances 2 

8 Property rights 3 

9 Confidentiality 3 

10 Duty to reapply 3 

11 Other laws 3 

12 Inspection and entry 3 

B OPERATION AND MAINTENANCE OF FACILITIES 

1 General facility requirements 3 

2 Proper operation and maintenance 4 

3 Need to halt reduce not a defense 4 

4 Duty to mitigate 4 

5 Bypasses 4 

6 Upsets 5 

C MONITORING AND RECORDS 

1 General requirements 6 

2 Representative sampling 6 

3 Monitoring and records 6 

D REPORTING REQUIREMENTS 

1 Reporting requirements 7 

2 Signatory requirement 8 

3 Availability of reports 8 

4 Existing manufacturing, commercial, mining, and silvicultural dischargers 8 

5 Publicly owned treatment works 9 

E OTHER PROVISIONS 

1 Emergency action - power failure 9 

2 Spill prevention 10 

3 Removed substances 10 

4 Connection to municipal sewer 10 

F DEFINTIONS 10 

--------------------------------------------------------------------------------------------------------------------- 

Revised July 1, 2002 Page 1 
MAINE POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT 

STANDARD CONDITIONS APPLICABLE TO ALL PERMITS 

--------------------------------------------------------------------------------------------------------------------- 

A. GENERAL PROVISIONS 

1. General compliance. All discharges shall be consistent with the terms and conditions of this permit; 

any changes in production capacity or process modifications which result in changes in the quantity or the 

characteristics of the discharge must be authorized by an additional license or by modifications of this 

permit; it shall be a violation of the terms and conditions of this permit to discharge any pollutant not 

identified and authorized herein or to discharge in excess of the rates or quantities authorized herein or to 

violate any other conditions of this permit. 

2. Other materials. Other materials ordinarily produced or used in the operation of this facility, which 

have been specifically identified in the application, may be discharged at the maximum frequency and 

maximum level identified in the application, provided: 

(a) They are not 

(i) Designated as toxic or hazardous under the provisions of Sections 307 and 311, 

respectively, of the Federal Water Pollution Control Act; Title 38, Section 420, Maine 

Revised Statutes; or other applicable State Law; or 

(ii) Known to be hazardous or toxic by the licensee. 

(b) The discharge of such materials will not violate applicable water quality standards. 

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

noncompliance constitutes a violation of State law and the Clean Water Act and is grounds for 

enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a 

permit renewal application. 

(a) The permittee shall comply with effluent standards or prohibitions established under section 

307(a) of the Clean Water Act, and 38 MRSA, §420 or Chapter 530.5 for toxic pollutants 

within the time provided in the regulations that establish these standards or prohibitions, even 

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

(b) Any person who violates any provision of the laws administered by the Department, 

including without limitation, a violation of the terms of any order, rule license, permit, 

approval or decision of the Board or Commissioner is subject to the penalties set forth in 38 

MRSA, §349. 

4. Duty to provide information. The permittee shall furnish to the Department, within a reasonable 

time, any information which the Department 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 shall also furnish to the Department upon request, copies of records required to be 

kept by this permit. 

5. Permit actions. This permit may be modified, revoked and reissued, or terminated for cause. The 

filing of a request by the permittee for a permit modification, revocation and reissuance, or termination, or 

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

6. Reopener clause. The Department reserves the right to make appropriate revisions to this permit in 

order to establish any appropriate effluent limitations, schedule of compliance or other provisions which 

may be authorized under 38 MRSA, §414-A(5). 

--------------------------------------------------------------------------------------------------------------------- 

Revised July 1, 2002 Page 2 
MAINE POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT 

STANDARD CONDITIONS APPLICABLE TO ALL PERMITS 

--------------------------------------------------------------------------------------------------------------------- 

7. Oil and hazardous substances. Nothing in this permit shall be construed to preclude the institution 

of any legal action or relieve the permittee from any responsibilities, liabilities or penalties to which the 

permittee is or may be subject under section 311 of the Federal Clean Water Act; section 106 of the 

Federal Comprehensive Environmental Response, Compensation and Liability Act of 1980; or 38 MRSA 

§§ 1301, et. seq. 

8. Property rights. This permit does not convey any property rights of any sort, or any exclusive 

privilege. 

9. Confidentiality of records. 38 MRSA §414(6) reads as follows. "Any records, reports or information 

obtained under this subchapter is available to the public, except that upon a showing satisfactory to the 

department by any person that any records, reports or information, or particular part or any record, report or 

information, other than the names and addresses of applicants, license applications, licenses, and effluent 

data, to which the department has access under this subchapter would, if made public, divulge methods or 

processes that are entitled to protection as trade secrets, these records, reports or information must be 

confidential and not available for public inspection or examination. Any records, reports or information may 

be disclosed to employees or authorized representatives of the State or the United States concerned with 

carrying out this subchapter or any applicable federal law, and to any party to a hearing held under this 

section on terms the commissioner may prescribe in order to protect these confidential records, reports and 

information, as long as this disclosure is material and relevant to any issue under consideration by the 

department." 

10. Duty to reapply. If the permittee wishes 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. 

11. Other laws. The issuance of this permit does not authorize any injury to persons or property or 

invasion of other property rights, nor does it relieve the permittee if its obligation to comply with other 

applicable Federal, State or local laws and regulations. 

12. Inspection and entry. The permittee shall allow the Department, or an authorized representative 

(including an authorized contractor acting as a representative of the EPA Administrator), upon 

presentation of credentials and other documents as may be required by law, to: 

(a) 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; 

(b) Have access to and copy, at reasonable times, any records that must be kept under the 

conditions of this permit; 

(c) Inspect at reasonable times any facilities, equipment (including monitoring and control 

equipment), practices, or operations regulated or required under this permit; and 

(d) Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as 

otherwise authorized by the Clean Water Act, any substances or parameters at any location. 

B. OPERATION AND MAINTENACE OF FACILITIES 

1. General facility requirements. 

(a) The permittee shall collect all waste flows designated by the Department as requiring 

treatment and discharge them into an approved waste treatment facility in such a manner as to 

--------------------------------------------------------------------------------------------------------------------- 

Revised July 1, 2002 Page 3 
MAINE POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT 

STANDARD CONDITIONS APPLICABLE TO ALL PERMITS 

--------------------------------------------------------------------------------------------------------------------- 

maximize removal of pollutants unless authorization to the contrary is obtained from the 

Department. 

(b) The permittee shall at all times maintain in good working order and operate at maximum 

efficiency all waste water collection, treatment and/or control facilities. 

(c) All necessary waste treatment facilities will be installed and operational prior to the discharge 

of any wastewaters. 

(d) Final plans and specifications must be submitted to the Department for review prior to the 

construction or modification of any treatment facilities. 

(e) The permittee shall install flow measuring facilities of a design approved by the Department. 

(f) The permittee must provide an outfall of a design approved by the Department which is 

placed in the receiving waters in such a manner that the maximum mixing and dispersion of 

the wastewaters will be achieved as rapidly as possible. 

2. Proper operation and maintenance. The permittee shall 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 a 

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

3. Need to halt or reduce activity not a defense. It shall not be a defense for a permittee in an 

enforcement action that it would have been necessary to halt or reduce the permitted activity in order to 

maintain compliance with the conditions of this permit. 

4. Duty to mitigate. The permittee shall take all reasonable steps to minimize or prevent any discharge 

or sludge use or disposal in violation of this permit which has a reasonable likelihood of adversely 

affecting human health or the environment. 

5. Bypasses.

(a) Definitions. 

(i) Bypass means the intentional diversion of waste streams from any portion of a treatment 

facility. 

(ii) 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. 

(b) Bypass not exceeding limitations. The permittee may allow any bypass to occur which does 

not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to 

assure efficient operation. These bypasses are not subject to the provisions of paragraphs (c) 

and (d) of this section. 

(c) Notice. 

(i) Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall 

submit prior notice, if possible at least ten days before the date of the bypass. 

--------------------------------------------------------------------------------------------------------------------- 

Revised July 1, 2002 Page 4 
MAINE POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT 

STANDARD CONDITIONS APPLICABLE TO ALL PERMITS 

--------------------------------------------------------------------------------------------------------------------- 

(ii) Unanticipated bypass. The permittee shall submit notice of an unanticipated bypass as 

required in paragraph D(1)(f), below. (24-hour notice). 

(d) Prohibition of bypass. 

(i) Bypass is prohibited, and the Department may take enforcement action against a 

permittee for bypass, unless: 

(A) Bypass was unavoidable to prevent loss of life, personal injury, or severe property 

damage; 

(B) 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 which occurred during normal periods of equipment 

downtime or preventive maintenance; and 

(C) The permittee submitted notices as required under paragraph (c) of this section. 

(ii) The Department may approve an anticipated bypass, after considering its adverse effects, 

if the Department determines that it will meet the three conditions listed above in 

paragraph (d)(i) of this section. 

6. Upsets.

(a) Definition. 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. 

(b) 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 requirements of 

paragraph (c) of this section are met. 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. 

(c) Conditions necessary for a demonstration of upset. A permittee who wishes to establish the 

affirmative defense of upset shall demonstrate, through properly signed, contemporaneous 

operating logs, or other relevant evidence that: 

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

(ii) The permitted facility was at the time being properly operated; and 

(iii) The permittee submitted notice of the upset as required in paragraph D(1)(f) , below. (24 

hour notice). 

(iv) The permittee complied with any remedial measures required under paragraph B(4). 

(d) Burden of proof. In any enforcement proceeding the permittee seeking to establish the 

occurrence of an upset has the burden of proof. 

--------------------------------------------------------------------------------------------------------------------- 

Revised July 1, 2002 Page 5 
MAINE POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT 

STANDARD CONDITIONS APPLICABLE TO ALL PERMITS 

--------------------------------------------------------------------------------------------------------------------- 

C. MONITORING AND RECORDS 

1. General Requirements. This permit shall be subject to such monitoring requirements as may be 

reasonably required by the Department including the installation, use and maintenance of monitoring 

equipment or methods (including, where appropriate, biological monitoring methods). The permittee 

shall provide the Department with periodic reports on the proper Department reporting form of 

monitoring results obtained pursuant to the monitoring requirements contained herein. 

2. Representative sampling. Samples and measurements taken as required herein shall be representative 

of the volume and nature of the monitored discharge. If effluent limitations are based wholly or partially 

on quantities of a product processed, the permittee shall ensure samples are representative of times when 

production is taking place. Where discharge monitoring is required when production is less than 50%, the 

resulting data shall be reported as a daily measurement but not included in computation of averages, 

unless specifically authorized by the Department. 

3. Monitoring and records. 

(a) Samples and measurements taken for the purpose of monitoring shall be representative of the 

monitored activity. 

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

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

years, the permittee shall 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, and records of all 

data used to complete the application for this permit, for a period of at least 3 years from the 

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

request of the Department at any time. 

(c) Records of monitoring information shall include: 

(i) The date, exact place, and time of sampling or measurements; 

(ii) The individual(s) who performed the sampling or measurements; 

(iii) The date(s) analyses were performed; 

(iv) The individual(s) who performed the analyses; 

(v) The analytical techniques or methods used; and 

(vi) The results of such analyses. 

(d) Monitoring results must be conducted according to test procedures approved under 40 CFR 

part 136, unless other test procedures have been specified in the permit. 

(e) State law provides that any person who tampers with or renders inaccurate any monitoring 

devices or method required by any provision of law, or any order, rule license, permit 

approval or decision is subject to the penalties set forth in 38 MRSA, §349. 

--------------------------------------------------------------------------------------------------------------------- 

Revised July 1, 2002 Page 6 
MAINE POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT 

STANDARD CONDITIONS APPLICABLE TO ALL PERMITS 

--------------------------------------------------------------------------------------------------------------------- 

D. REPORTING REQUIREMENTS 

1. Reporting requirements. 

(a) Planned changes. The permittee shall give notice to the Department as soon as possible of 

any planned physical alterations or additions to the permitted facility. Notice is required only 

when: 

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

determining whether a facility is a new source in 40 CFR 122.29(b); or 

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

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

effluent limitations in the permit, nor to notification requirements under Section D(4). 

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

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

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

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

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

(b) Anticipated noncompliance. The permittee shall give advance notice to the Department of 

any planned changes in the permitted facility or activity which may result in noncompliance 

with permit requirements. 

(c) Transfers. This permit is not transferable to any person except upon application to and 

approval of the Department pursuant to 38 MRSA, § 344 and Chapters 2 and 522. 

(d) Monitoring reports. Monitoring results shall be reported at the intervals specified elsewhere 

in this permit. 

(i) Monitoring results must be reported on a Discharge Monitoring Report (DMR) or forms 

provided or specified by the Department for reporting results of monitoring of sludge use 

or disposal practices. 

(ii) If the permittee monitors any pollutant more frequently than required by the permit using 

test procedures approved under 40 CFR part 136 or as specified in the permit, the results 

of this monitoring shall be included in the calculation and reporting of the data submitted 

in the DMR or sludge reporting form specified by the Department. 

(iii) Calculations for all limitations which require averaging of measurements shall utilize an 

arithmetic mean unless otherwise specified by the Department in the permit. 

(e) Compliance schedules. Reports of compliance or noncompliance with, or any progress 

reports on, interim and final requirements contained in any compliance schedule of this 

permit shall be submitted no later than 14 days following each schedule date. 

(f) Twenty-four hour reporting. 

(i) The permittee shall report any noncompliance which may endanger health or the 

environment. Any information shall be provided orally within 24 hours from the time the 

permittee becomes aware of the circumstances. A written submission shall also be 

provided within 5 days of the time the permittee becomes aware of the circumstances. 

The written submission shall contain a description of the noncompliance and its cause; 

the period of noncompliance, including exact dates and times, and if the noncompliance 

--------------------------------------------------------------------------------------------------------------------- 

Revised July 1, 2002 Page 7 
MAINE POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT 

STANDARD CONDITIONS APPLICABLE TO ALL PERMITS 

--------------------------------------------------------------------------------------------------------------------- 

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

planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. 

(ii) The following shall be included as information which must be reported within 24 hours 

under this paragraph. 

(A) Any unanticipated bypass which exceeds any effluent limitation in the permit. 

(B) Any upset which exceeds any effluent limitation in the permit. 

(C) Violation of a maximum daily discharge limitation for any of the pollutants listed by 

the Department in the permit to be reported within 24 hours. 

(iii) The Department may waive the written report on a case-by-case basis for reports under 

paragraph (f)(ii) of this section if the oral report has been received within 24 hours. 

(g) Other noncompliance. The permittee shall report all instances of noncompliance not reported 

under paragraphs (d), (e), and (f) of this section, at the time monitoring reports are submitted. 

The reports shall contain the information listed in paragraph (f) of this section. 

(h) Other information. Where the permittee becomes aware that it failed to submit any relevant 

facts in a permit application, or submitted incorrect information in a permit application or in 

any report to the Department, it shall promptly submit such facts or information. 

2. Signatory requirement. All applications, reports, or information submitted to the Department shall 

be signed and certified as required by Chapter 521, Section 5 of the Department's rules. State law 

provides that any person who knowingly makes any false statement, representation or certification in any 

application, record, report, plan or other document filed or required to be maintained by any order, rule, 

permit, approval or decision of the Board or Commissioner is subject to the penalties set forth in 38 

MRSA, §349. 

3. Availability of reports. Except for data determined to be confidential under A(9), above, all reports 

prepared in accordance with the terms of this permit shall be available for public inspection at the offices 

of the Department. As required by State law, effluent data shall not be considered confidential. 

Knowingly making any false statement on any such report may result in the imposition of criminal 

sanctions as provided by law. 

4. Existing manufacturing, commercial, mining, and silvicultural dischargers. In addition to the 

reporting requirements under this Section, all existing manufacturing, commercial, mining, and 

silvicultural dischargers must notify the Department as soon as they know or have reason to believe: 

(a) That any activity has occurred or will occur which would result in the discharge, on a routine 

or frequent basis, of any toxic pollutant which is not limited in the permit, if that discharge 

will exceed the highest of the following "notification levels'': 

(i) One hundred micrograms per liter (100 ug/l); 

(ii) Two hundred micrograms per liter (200 ug/l) for acrolein and acrylonitrile; five hundred 

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

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

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

application in accordance with Chapter 521 Section 4(g)(7); or 

(iv) The level established by the Department in accordance with Chapter 523 Section 5(f). 

--------------------------------------------------------------------------------------------------------------------- 

Revised July 1, 2002 Page 8 
MAINE POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT 

STANDARD CONDITIONS APPLICABLE TO ALL PERMITS 

--------------------------------------------------------------------------------------------------------------------- 

(b) That any activity has occurred or will occur which would result in any discharge, on a nonroutine or infrequent basis, of a toxic pollutant which is not limited in the permit, if that 

discharge will exceed the highest of the following ``notification levels'': 

(i) Five hundred micrograms per liter (500 ug/l); 

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

(iii) Ten (10) times the maximum concentration value reported for that pollutant in the permit 

application in accordance with Chapter 521 Section 4(g)(7); or 

(iv) The level established by the Department in accordance with Chapter 523 Section 5(f). 

5. Publicly owned treatment works. 

(a) All POTWs must provide adequate notice to the Department of the following: 

(i) Any new introduction of pollutants into the POTW from an indirect discharger which 

would be subject to section 301 or 306 of CWA or Chapter 528 if it were directly 

discharging those pollutants. 

(ii) Any substantial change in the volume or character of pollutants being introduced into that 

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

permit. 

(iii) For purposes of this paragraph, adequate notice shall include information on (A) the 

quality and quantity of effluent 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. 

(b) When the effluent discharged by a POTW for a period of three consecutive months exceeds 

80 percent of the permitted flow, the permittee shall submit to the Department a projection of 

loadings up to the time when the design capacity of the treatment facility will be reached, and 

a program for maintaining satisfactory treatment levels consistent with approved water 

quality management plans. 

E. OTHER REQUIREMENTS 

1. Emergency action - power failure. Within thirty days after the effective date of this permit, the 

permittee shall notify the Department of facilities and plans to be used in the event the primary source of 

power to its wastewater pumping and treatment facilities fails as follows. 

(a) For municipal sources. During power failure, all wastewaters which are normally treated 

shall receive a minimum of primary treatment and disinfection. Unless otherwise approved, 

alternate power supplies shall be provided for pumping stations and treatment facilities. Alternate 

power supplies shall be on-site generating units or an outside power source which is separate and 

independent from sources used for normal operation of the wastewater facilities. 

(b) For industrial and commercial sources. The permittee shall either maintain an alternative 

power source sufficient to operate the wastewater pumping and treatment facilities or halt, reduce 

or otherwise control production and or all discharges upon reduction or loss of power to the 

wastewater pumping or treatment facilities. 

--------------------------------------------------------------------------------------------------------------------- 

Revised July 1, 2002 Page 9 
MAINE POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT 

STANDARD CONDITIONS APPLICABLE TO ALL PERMITS 

--------------------------------------------------------------------------------------------------------------------- 

2. Spill prevention. (applicable only to industrial sources) Within six months of the effective date of 

this permit, the permittee shall submit to the Department for review and approval, with or without 

conditions, a spill prevention plan. The plan shall delineate methods and measures to be taken to prevent 

and or contain any spills of pulp, chemicals, oils or other contaminates and shall specify means of 

disposal and or treatment to be used. 

3. Removed substances. Solids, sludges trash rack cleanings, filter backwash, or other pollutants 

removed from or resulting from the treatment or control of waste waters shall be disposed of in a manner 

approved by the Department. 

4. Connection to municipal sewer. (applicable only to industrial and commercial sources) All 

wastewaters designated by the Department as treatable in a municipal treatment system will be cosigned 

to that system when it is available. This permit will expire 90 days after the municipal treatment facility 

becomes available, unless this time is extended by the Department in writing. 

F. DEFINITIONS. For the purposes of this permit, the following definitions shall apply. Other 

definitions applicable to this permit may be found in Chapters 520 through 529 of the Department's rules 

Average means the arithmetic mean of values taken at the frequency required for each parameter over the 

specified period. For bacteria, the average shall be the geometric mean. 

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. Except, however, bacteriological tests 

may be calculated as a geometric mean. 

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. 

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 State. 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. 

Composite sample means a sample consisting of a minimum of eight grab samples collected at equal 

intervals during a 24 hour period (or a lesser period as specified in the section on monitoring and 

reporting) and combined proportional to the flow over that same time period. 

Continuous discharge means a discharge which occurs without interruption throughout the operating 

hours of the facility, except for infrequent shutdowns for maintenance, process changes, or other similar 

activities. 

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. 

--------------------------------------------------------------------------------------------------------------------- 

Revised July 1, 2002 Page 10 
MAINE POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT 

STANDARD CONDITIONS APPLICABLE TO ALL PERMITS 

--------------------------------------------------------------------------------------------------------------------- 

Discharge Monitoring Report ("DMR'') means the EPA uniform national form, including any 

subsequent additions, revisions, or modifications for the reporting of self-monitoring results by 

permittees. DMRs must be used by approved States as well as by EPA. EPA will supply DMRs to any 

approved State upon request. The EPA national forms may be modified to substitute the State Agency 

name, address, logo, and other similar information, as appropriate, in place of EPA's. 

Flow weighted composite sample means a composite sample consisting of a mixture of aliquots 

collected at a constant time interval, where the volume of each aliquot is proportional to the flow rate of 

the discharge. 

Grab sample means an individual sample collected in a period of less than 15 minutes. 

Interference means a Discharge which, alone or in conjunction with a discharge or discharges from other 

sources, both: 

(1) Inhibits or disrupts the POTW, its treatment processes or operations, or its sludge processes, 

use or disposal; and 

(2) Therefore is a cause of a violation of any requirement of the POTW's NPDES permit 

(including an increase in the magnitude or duration of a violation) or of the prevention of 

sewage sludge use or disposal in compliance with the following statutory provisions and 

regulations or permits issued thereunder (or more stringent State or local regulations): Section 

405 of the Clean Water Act, the Solid Waste Disposal Act (SWDA) (including title II, more 

commonly referred to as the Resource Conservation and Recovery Act (RCRA), and 

including State regulations contained in any State sludge management plan prepared pursuant 

to subtitle D of the SWDA), the Clean Air Act, the Toxic Substances Control Act, and the 

Marine Protection, Research and Sanctuaries Act. 

Maximum daily discharge limitation means the highest allowable daily discharge. 

New source means any building, structure, facility, or installation from which there is or may be a 

discharge of pollutants, the construction of which commenced: 

(a) After promulgation of standards of performance under section 306 of CWA which are 

applicable to such source, or 

(b) After proposal of standards of performance in accordance with section 306 of CWA 

which are applicable to such source, but only if the standards are promulgated in accordance 

with section 306 within 120 days of their proposal. 

Pass through means a discharge which exits the POTW into waters of the State 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). 

Permit means an authorization, license, or equivalent control document issued by EPA or an approved 

State to implement the requirements of 40 CFR parts 122, 123 and 124. Permit includes an NPDES 

general permit (Chapter 529). Permit does not include any permit which has not yet been the subject of 

final agency action, such as a draft permit or a proposed permit. 

Person means an individual, firm, corporation, municipality, quasi-municipal corporation, state agency, 

federal agency or other legal entity. 

--------------------------------------------------------------------------------------------------------------------- 

Revised July 1, 2002 Page 11 
MAINE POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT 

STANDARD CONDITIONS APPLICABLE TO ALL PERMITS 

--------------------------------------------------------------------------------------------------------------------- 

--------------------------------------------------------------------------------------------------------------------- 

Revised July 1, 2002 Page 12 

Point source means any discernible, confined and discrete conveyance, including, but not limited to, any 

pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal 

feeding operation or vessel or other floating craft, from which pollutants are or may be discharged. 

Pollutant means dredged spoil, solid waste, junk, incinerator residue, sewage, refuse, effluent, garbage, 

sewage sludge, munitions, chemicals, biological or radiological materials, oil, petroleum products or 

byproducts, heat, wrecked or discarded equipment, rock, sand, dirt and industrial, municipal, domestic, 

commercial or agricultural wastes of any kind. 

Process wastewater means any water which, during manufacturing or processing, comes into direct 

contact with or results from the production or use of any raw material, intermediate product, finished 

product, byproduct, or waste product. 

Publicly owned treatment works ("POTW'') means any facility for the treatment of pollutants owned 

by the State or any political subdivision thereof, any municipality, district, quasi-municipal corporation or 

other public entity. 

Septage means, for the purposes of this permit, any waste, refuse, effluent sludge or other material 

removed from a septic tank, cesspool, vault privy or similar source which concentrates wastes or to which 

chemicals have been added. Septage does not include wastes from a holding tank. 

Time weighted composite means a composite sample consisting of a mixture of equal volume aliquots 

collected over a constant time interval. 

Toxic pollutant includes any pollutant listed as toxic under section 307(a)(1) or, in the case of sludge use 

or disposal practices, any pollutant identified in regulations implementing section 405(d) of the CWA. 

Toxic pollutant also includes those substances or combination of substances, including disease causing 

agents, which after discharge or upon exposure, ingestion, inhalation or assimilation into any organism, 

including humans either directly through the environment or indirectly through ingestion through food 

chains, will, on the basis of information available to the board either alone or in combination with other 

substances already in the receiving waters or the discharge, cause death, disease, abnormalities, cancer, 

genetic mutations, physiological malfunctions, including malfunctions in reproduction, or physical 

deformations in such organism or their offspring. 

Wetlands means those areas that are inundated or saturated by surface or ground water at a frequency and 

duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation 

typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, 

and similar areas. 

Whole effluent toxicity means the aggregate toxic effect of an effluent measured directly by a toxicity 

test.