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EPA Inspection Report - Page 1 of 30 Region 6 Compliance Assurance and Enforcement Division INSPECTION REPORT Inspection Date(s): Media: Regulatory Program(s) 07/18/2017 Water Clean Water Act/ NP DES Company Name: Facility Name: Facility Physical Location: (city, state, zip code) Mailing address: (city, state, zip code) County/Parish: Facility Contact: Farrell-Cooper Mining Co. Inc. Bull Hill Mine 6 miles SW of Wister, OK (S31-34,T06N R24E) Wister, OK 74966 6001 South Zero Street Fort Smith, AR 72903 Le Flore Thomas Gilbert I Environmental Analyst tgilbert@farrellcooper.com FRS Number: Identification/Permit Number: Media Number: NAICS: SIC: 110024879283 OKG040038 NA 212111 1221 Personnel participating in inspection: Amy Andrews USEPA/6EN-WM David Long USEPA/6EN-WM Kent Sanborn USEPA/6EN-WR Jason Ma ODEQ/Water Quality Thomas Gilbert Farrell-Cooper Mining Co. Environmental Engineer Environmental Scientist Environmental Engineer Engineer Environmental Analyst 214-907-0638 214-665-7323 918-557-1615 405-702-8126 479-646-4366 EPA Lead Inspector Signature/Date Supervisor Signature/Date AMY AN DREWS Digitally signed by AMY ANDREWS DN"=US,o=U.5.Go"mmeot,o"=USEPA, ou=Staff, cno=AMY ANDREWS, --d.nQ . ~ ~h Amy Andrews Date: 2018.01.11 11:06:50 "07'00' (./~VV) I /0~~ Carol Peters Date 1/(( /1 'J Date 6ENFORM-019-R7 (2/15/2017) 1 EPA Inspection Report - Page 2 of 30 Section I - INTRODUCTION Farrell Cooper Mining Company / Bull Hill Mine Inspection Date 7/18/2017 PURPOSE OF THE INSPECTION A U.S. Environmental Protection Agency (USEPA) compliance evaluation inspection was performed at the Farrell-Cooper Mining Company facility - Bull Hill Mine, located six miles SW of Wister, Oklahoma 74966 on July 18, 2017. The inspection was conducted under the guidelines established by the USEPA under the National Pollutant Discharge Elimination System (NPDES) for wastewater dischargers. This targeted site visit was performed as a part of the USEPA National Enforcement Initiative industrial inspection commitment and its' purpose was to inspect and review current operations as compared to their NPDES permit requirements. An entry briefing was conducted by EPA-Region 6 inspectors David Long, Amy Andrews, and Kent Sanborn at 2:05 p.m. The EPA inspectors were accompanied by Oklahoma Department of Environmental Quality Inspector Jason Ma. The inspectors met with Thomas Gilbert, Environmental Analyst for Farrell Cooper Mining Company who was present throughout the inspection. During the entry briefing, the inspectors provided credentials and explained the purpose of the inspection. FACILITY DESCRIPTION Farrell-Cooper Mining - Bull Hill Mine is a minor discharger that operates under NPDES Permit OKG040038 with discharge limitations for the expected wastewater flows from sedimentation and storm water runoff ponds. The current permit became effective on November 20, 2013 and expires on October 31, 2018. Discharge from the mine is to unnamed tributaries of Wister Lake in Segment 220100 of the Lower Arkansas River Basin, unnamed tributaries of Caston Creek in Segment 220100 of the Lower Arkansas River Basin, and to an unnamed tributary of Coal Creek in Segment 220100 of the Lower Arkansas River Basin. The Bull Hill Mine is a surface coal strip mine that has been in production intermittently since 1983, but most recently has only been operational since 2011. This is currently the only operational mine owned by Farrell-Cooper, although Farrell-Cooper does hold another approved mining permit. The entire Bull Hill Mine is 7 miles long, running along the exposed edge of the dipping coal seam. The mine excavation depth ranges from 90 to 220 feet deep with a dip of approximately 30 degrees. Half of the length of the mine has already been reclaimed, however none of the outfalls have been closed due to reclamation. At the date of this inspection it is estimated that the mine life only has two more months of excavation potential, at which point they will begin mining stockpiles and reclaiming the mine in phases. The mine has approximately 25 employees who work from 6:00am to 3:00pm, with an evening security guard patrol. 2 EPA Inspection Report - Page 3 of 30 Section II - OBSERVATIONS Farrell Cooper Mining Company / Bull Hill Mine Inspection Date 7/18/2017 During the inspection we observed that each of the outfalls is associated with a surface retention pond or sedimentation basin. The majority of discharges from the outfalls would be due to stormwater runoff during or following rainfall events. However, occasionally groundwater is encountered in the excavation during mining activities, and this groundwater is then pumped to the retention basins and discharged through the outfalls whenever the pond levels are high enough to discharge. Outfall 003 was observed to have a leaking valve and was discharging at the time of the inspection. Section III - AREAS OF CONCERN Requirement Oklahoma Industrial Discharger General Permit Part III.C.2. 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. Oklahoma Industrial Discharger General Permit Part III.C.3.a. 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 as efficiently as possible and in a manner which will minimize upsets and discharges of excessive pollutants and will 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 backup 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 this permit. Concern A review of the DMRs from July 2016 to July 2017 revealed the following excursions: Outfall Parameter Date of Sample Limit Result 003A Solids, Total Suspended 1/31/2017 35 mg/L (Monthly Average) 52 mg/L 003A Solids, Total Suspended 2/28/2017 35 mg/L (Monthly Average) 49 mg/L 003A Iron, total (as Fe) 2/28/2017 3 mg/L (Monthly Average) 5 mg/L 003A Iron, total (as Fe) 5/31/2017 3 mg/L (Monthly Average) 3.3 mg/L 008A Solids, Total Suspended 5/31/2017 35 mg/L (Monthly Average) 51 mg/L 008A Solids, Total Suspended 5/31/2017 70 mg/L (Daily Maximum) 89 mg/L 009A Solids, Total Suspended 5/31/2017 35 mg/L (Monthly Average) 37 mg/L Requirement 40 CFR 112.1(b): (Spill Prevention, Control, and Countermeasure Plan) ...this part applies to any owner or operator of a non-transportation-related onshore or offshore facility engaged in drilling, producing, gathering, storing, processing, refining, transferring, distributing, using, or consuming oil and oil products, which due to its location, could reasonably be expected to discharge oil in quantities that may be harmful, as described in part 110 of this chapter, into or upon the navigable waters of the United States or adjoining shorelines...A facility is covered by the SPCC rule if it has an aggregate aboveground 3 EPA Inspection Report - Page 4 of 30 Farrell Cooper Mining Company / Bull Hill Mine Inspection Date 7/18/2017 oil storage capacity greater than 1,320 U.S. gallons or a completely buried storage capacity greater than 42,000 U.S. gallons and there is a reasonable expectation of an oil discharge into or upon navigable waters of the U.S. or adjoining shorelines. 40 CFR 112.3: The owner or operator or an onshore or offshore facility subject to this section must prepare in writing and implement a Spill Prevention Control and Countermeasure Plan (hereafter "SPCC Plan" or "Plan")," in accordance with 112.7 and any other applicable section of this part. Concern Oil staining was observed on the soil in the storage and maintenance yard along with four large size fuel storage tanks and multiple 55 gallon drums. Facility was unable to demonstrate that they had a documented SPCC Plan. Facility will need to calculate total fuel storage capacity, including generators, and prepare an SPCC Plan if the total capacity is found to be greater than 1,320 U.S. gallons. Section IV - FOLLOW UP No information was received by EPA after exiting the Facility on July 18, 2017. Section V - LIST OF APPENDICES Appendix 1 - Photo Log - 5 photos taken 7/18/2017 Appendix 2 - Permit No. OKG040038 dated 11/20/2013 Appendix 3 - Oklahoma Industrial Discharger General Permit Part III 4 EPA Inspection Report - Page 5 of 30 Farrell Cooper Mining Company / Bull Hill Mine Inspection Date 7/18/2017 Appendix 1 Photograph Log EPA Inspection Report - Page 6 of 30 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Photo No. 1 Location: Farrell-Cooper Mining Company - Bull Hill Mine City: Six miles SW of Wister County/Parish: Le Flore State: Oklahoma Photo File Name: DSCN0187.JPG Date of Photo: 7/18/2017 Time of Photo: 10:32 AM Photographer: Amy Andrews Description: View down portion of Bull Hill Mine where mining has finished ore removal and site reclamation has just begun. EPA Inspection Report - Page 7 of 30 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Photo No. 2 Location: Farrell-Cooper Mining Company - Bull Hill Mine City: Six miles SW of Wister County/Parish: Le Flore State: Oklahoma Photo File Name: DSCN0192.JPG Date of Photo: 7/18/2017 Time of Photo: 12:04 PM Photographer: Amy Andrews Description: Surface retention pond associated with Outfall 003. EPA Inspection Report - Page 8 of 30 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Photo No. 3 Location: Farrell-Cooper Mining Company - Bull Hill Mine City: Six miles SW of Wister County/Parish: Le Flore State: Oklahoma Photo File Name: DSCN0194.JPG Date of Photo: 7/18/2017 Time of Photo: 12:05 PM Photographer: Amy Andrews Description: Outfall 003 with leaking valve. EPA Inspection Report - Page 9 of 30 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Photo No. 4 Location: Farrell-Cooper Mining Company - Bull Hill Mine City: Six miles SW of Wister County/Parish: Le Flore State: Oklahoma Photo File Name: DSCN0198.JPG Date of Photo: 7/18/2017 Time of Photo: 12:19 PM Photographer: Amy Andrews Description: View of storage and maintenance yard with four large size fuel storage tanks and multiple 55 gallon drums. EPA Inspection Report - Page 10 of 30 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Photo No. 5 Location: Farrell-Cooper Mining Company - Bull Hill Mine City: Six miles SW of Wister County/Parish: Le Flore State: Oklahoma Photo File Name: DSCN0201.JPG Date of Photo: 7/18/2017 Time of Photo: 12:20 PM Photographer: Amy Andrews Description: View down portion of Bull Hill mine where reclamation has already been achieved. EPA Inspection Report - Page 11 of 30 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Photo No. 6 Location: Farrell-Cooper Mining Company - Bull Hill Mine City: Six miles SW of Wister County/Parish: Le Flore State: Oklahoma Photo File Name: DSCN0203.JPG Date of Photo: 7/18/2017 Time of Photo: 12:38 PM Photographer: Amy Andrews Description: View of active mining portion of Bull Hill Mine. EPA Inspection Report - Page 12 of 30 Farrell Cooper Mining Company / Bull Hill Mine Inspection Date 7/18/2017 Appendix 2 Permit No. OKG040038 dated 11/20/2013 EPA Inspection Report - Page 13 of 30 STEVEN A. THOMPSON Executive Director OKLAHOMA DEPARTMENT Of ENVIRONMENTAL QlfAUTY OKLAHOMA DEPARTMENT OF ENVIRONMENTAL QUALITY MARY FALLIN Governor November 20, 2013 Stephanie Fudge, Env. Resource Manager Farrell-Cooper Mining Co.-Bull Hill Mine P.O. Box 11050 Fort Smith, AR 72917 RE: DEQ Applicatfon No. OKG040038 Farrell Cooper Mining Co. - Bull Hill Mine, Leflore County, Oklahoma Facility ID No. 1-40001130 Dear Mrs. Fudge: Your Authorization to discharge under OPDES General Permit No. OKG04 is enclosed. The effective date and the expiration date ofthis Authorization appears on the cover page. Blank Discharge Monitoring Report (DMR) forms are also enclosed, along with instructions for preparing and submitting them. These blank forms should be used for reporting purposes until such time as you receive your pre-printed DMR forms. Should you have any questions regarding the Authorization, please contact the Industrial Permits Section at the letterhead address or telephone (405) 702-8100. Should you have any questions regarding compliance with the conditions ofthis Authorization, please contact the Industrial Enforcement Section at the same address and phone number. Sincerely, Carol Paden, P.E., Manager Industrial Permits Section Water Quality Division MJ/ab JM/SLT/AR/PR Enclosure 707 NORTH ROBINSON, P.O. BOX l 677, OKLAHOMA CITY, OKLAHOMA 73101-1677 printed on recycled paper with soy ink 0 EPA Inspection Report - Page 14 of 30 . oKLAiioMl _,.;pA.RTMENT OF ENVlRONMENTJ, ._:UALITY AUTHORIZATION FOR DISCHARGE AND/OR DISPOSAL UNDERGENERAL PERMIT NO, OKG040000 AUTHORIZATION NUMBER: 0KG040038 FAClLJTY lJ) NQMBJ;:R: I-40001J.3() In compliance with Title 27A O.S..:Z-6-201 et seq. (the OPDES Act), !IS amended, the Rules of the Dep&rtment of Environmental Quality promulgated thereunder, and in reliance on the certified statements and representations heretofore . made in its application, Farrell-Cooper Mining Co.-BullHill Mine P.O. Box 11050 Fort Smith, AR 72917 is hereby authorized to discharge from iheir facility (ODM Permit Number 4275F) located at: Sections 31, 32, 33, &34, 'township 6N, Range 24ElM Sections 34, 34, & 36, Township 6N, Range 23ElM Leflore County, Oklahoma or at 6 Miles SW of Wister, Wister, OK 74966 to receiving waters identified as: unnamed tributaries of Wister Lake in Segment 220100 (WBID No, :ZZOJ00020020) of. the Lower Arkansas River Basin, whose beneficial uses established underOklahoma's Water Quality Standards, as amended ure: Fish and Wildlife Propagation/Warm Water Aquatic Community (OAC 785:45-5-12); Agriculture (OAC 785:45-5-13); Primary Body Contact Recreation (OAC 785:45-5-16); 'Aesthetics (OAC 785:45,5-19) and Fish Consumption (OAC 'm~~ . to receiving watets .identified as: uamed. tributaries of Caston Gree!<; in Segment 220100 (WB!D No. 220100010180) of the Lower Arkansas River Basin, whose beneficial uses established tinder Oklahoma's Water Quality Standards, as amended are: Fish and Wildlife Propagation/Warm Water Aquatic Community (OAC 785:45-5-.12); Agriculture (OAC 785:45-5-13); Pritnary Body Contact Recreation (OAC 785:45-5-16); Aesthetics (OAC 785:45-5-19) and Fish Consumption (OAC 785:45-5-20). to receiving waters identified as: unnamed tributary of Coal Creek in Segme11t 220.100 (WBID No. 220100000180) of the Lower Arkansas RiverBasin, whose beneficial uses established under Oklahoma's Water Quality Standards, as amended are: FiSh and Wildlife Propagation/Warri1 W!ltet Aquatic Community (OAC 785:45-5-12); Agriculture (OAC 785:45-5-13); Primary Body Contact Recreation (OAC 785:45-5-1()); Aesthetics (OAC 785:45-5~19) and Fish Consumption (OAC 785:45~5-20). from outfalls located as listed in the Appendix, hereof, in accordance with effluent limitations, monitoring requirem~ts and other conditions set forth in General Permit No. OKG04, and in Parts l, II, and III; hereof; Issuance of this Authorization in no way or in any respect affects the permittee's civil or criminal responsibility regarding . disposal of wastewater, except with respect to the permittee's legal responsibility un.derthe OPDES Act and DEQ Rules. This Authorizatio11 is nonctransferable and is granted summarily by and at the discretion of the Executive Director in accordance with'applicabje DEQ Rles and provisions of the above-referenced Permit. EPA Inspection Report - Page 15 of 30 AUTIIORIZATION NO. OKG040 lDNo.'140001130 Page2 PART I Tiris Authorization replaces and/or supersedes. NPDES Authorization No. OKG040038; that became effective. on August I, 2010. . . Thi.s A1Jtho;ization shall become effective on. b.ecember L 2013 This Authorization shall expire at ~idni!iht, on October 31,2018. This is to certify that the proposed wastewater discharges set forth in this AutboriZation meet the requirements of the Oklahoma Water Quality Staridards, as amended and the DEQ Rules, provided the permlttee does not exceed the effluent !imitations set forth in this Autborization. . ' Issued this. 20th day of November , :?Oll. Carol Paden, P.E., Manager Industrial Permits Section Water Qul)lity Division EPA Inspection Report - Page 16 of 30 i AUTHORIZATION NO: OKG0400381 ID No. I-4000l130 Page 3 i>ARTl PAATI EFFLUENT.LIMITATIONS AND MONITORING UQUIREMENTS SECTION A. EFFLUENT LIMITATIONS AND MONITORING REQUIRE:MENTS I. Active ,Mining .Pri()Lto. _Phase .I SMCRA Bond Release or .Oklahoma Conservation Commission Projects on Abandoned Mine Sites During the period begimiing the effective date (for existing outfalls) or the date when the sedi~e[ltation pond associated with the outfall is constructed (for outfalls which have yet to be constnicted at tbe time ofAuthorization iSsuance)~ and lasting through the date 0fthe Surface Mining Control and.Reclamation Act'of1977 (SMCRA) Phase I Bond Release or the completion of the drainage of the abandoned mine site or the expiration date; whichever occurs first, the permittee is authorized to discharge from all outfalls as described in the Appendix of the Authorization. The dischirrge consists of mine drainage and stonnwater runofffrom the active mining irrea of a. swface coal strip mine prior to the Phase I SMCRA Bond release or from the abandoned mine site. The permittee shall provide written notification to the OEQ whenever any sedimentation pond associated with a permitted outfallis constructed. Such discharges shall be limited and monitored by the permittee as specified in. Tables 1-4 below. Monitoring requirements contained. in Tables 2 and 4 shall become effective in conjunction with the applicable effluent limitations listed in Tables J and 3. TABLEl EFFLUENT LIMITATIONS FOR ALL OUTFALLS FROM ACTNE MINING OPERATIONS/ OKLAHOMA CONSERVATION COMMISSlON PROJECTS ON ABANDONED SlTES WITH AL~rNE MiNE DRAINAGE PARAMETERS Flow S'fORET: 50050 Iron; Total STORE'J': 01045 Total Suspended Solids STORET: 00530 .. pHSTORET: 00400 .. DISCiJARGE Lil\1JTATIONS MASS LOADINGS _ <!bs/day unless otherwise specified) CONCENTRATION LIMITS (nudl un.less otherwise specified) MONTHLY AVERAGE DAILY MAXIMUM MONTHLY AvERAG:J<; DAILY ~ Reportmgd Reportmgd NIA NIA NIA NIA ~ 3.0 6.0' NIA NIA 35' 10 .. NIA NIA B.etween 6.5 -~ 9.0.Standard units. . EPA Inspection Report - Page 17 of 30 .AUTHPRIZATION NO. OKG04o: IDNo. 1-40001130. Page4 PART I TABLE2 MONITORING REQUIREMENTS FOR ALL OUTFALLS FROM ACTIVE MINING OPERATIONS/ OKLAHOMA CONSERVATION COMMISSION PROJECTS ON ABANDONEJ) MINE SITES WITH ALKALINE MINE DRAINAGE PARAMETERS ' .Fl()\V Iron, Total Total Susnencieci Solids . pH . W!Je~ dtschargmg . MONITORING REOUIREMENTS MEASUREMENT FREOUENGY* SAMPLE '.(YPE bailv Estimate I/Week Grab I/Week Grab I/Week Gra'1 TABLE3 EFFLUENT LIMITATIONS FOR ALL.OUTFALLS FROM: (l) ACTIVE MINING OPERATIONS I OKLAHOMA CONSERVATION COMMISSION PROJECTS ON ABANbONED SITES . WITH ACID/FERRUOINOUS MINE DRAINAGE, AND/OR (2) COAL PREPARATION PLANTS . PARAMETERS Flow STORET: 50050 Iron, Total STORET: 01045 Manganese, Totai STORET: 010.55 Total Suspended Solids STORET: 00530 .pH $TORET: 00400 DISCHAAGE LIMITATIONS MASS LOADINGS . (lbs/dav unless otherwise specified) CONCENTRATION LIMITS .. (mg/I unless otherwise specified) MONTHLY AVERAGE . Reportmgd DAILY MAXIMUM Reportmgd MONTHLY .. . A~RAGJ!; NIA DAILY MAXIMUM NIA NIA NIA 3.0 6.0 NIA NIA 2.0 4.0 NIA NIA 35 70 .NIA NIA Between 6.5 - 9.0 stapdard units. EPA Inspection Report - Page 18 of 30 AUTHORIZATION NO. OKG040038 '. ID No. F40001130 Page 5 PART I TABLE4 . MONITORING REQUIREMENTS FOR ALL OUTFALLS FROM; {l}AQTIVEMINING Ol>ERAt10NS/ . OKLAHOMA CONSERVATION COMMISSION PROJECTS ON ABANDONED SITES wITH ACIDOR FERRUG!NOUS MINE DRAINAGE; AND/OR (2}COAL PREPARATION PLANTS J'ARAMETERS . .l\'IQNlTQRING REQUIREMENTS.. MEASUREMENT FREQlli;NCY*. . .SAMPLE TY.P.E Flow I:roq, Totaf Manganese; To~I Total Suspended Solids When discharging Daily !!Week !!\Veek .. !/W~ek I/Week Grab . Grab .Grab Grab NOTE: See Parts II and:.m for Additional Requirements. There shall b.e no discharge of floating solids or visible foam in other than trace amounts. there shall be no discharge of visible sheen ofoil or visible globules of oil and grease. Samples taken .in compliance with the monitoring requirements specified above shall be take1.1 at the locations describe<! in the Append~ Pf the Authorization. EPA Inspection Report - Page 19 of 30 AUTHORIZATION NO. OKG040( lD No.'l-40001130. . Page6 PART I 2. Post-Mining Prior to Phase II SMCRA Bond Release During the period beginning the date of the Phase I SMCRA Bi;md Release and lasting. through the date that the outfall meets the Phase II perfonnance standards (as certified by the ODOM) or the expiration date, tl:te pennittee is authorized to dischar.ge from all outfal)s as descri\>ed i.n the Appendix of the Authorization. The discharge consists of mine drainage and stonnwater runoff from the post-mining area of a coal strip mine prior to meeting Phase ffperfonnance standards. Such discharges shall be .limited and monitored by the pennittee as specified ill Tables 5 and 6 below. Monitoring requirements contained ill Table 6 shall become effective in conjunctjon with (he effluent limitations listed in Table 5. TABLES EFFLUENT LIMITATIONS FOR ALL OUTFALLS FROM POST-MINING OPERATIONS ... 1)18CIL<\RGE LlMJJ.';\.'flQNS PARAMETERS Flow STORET: 50050 Settleable Solids STORET: 00545 pH STORET: 00400 MASS LOADINGS (lbs/dav unless otherwise snecified) MONTHLY AVERAGE DAILY MAXIMUM Reportmgcl Reportmgd NIA NIA NIA NIA .. . CONCENTRATION LIMITS (mg/I unless ()therwise specified) MONTHLY AVERAGE DAILY MAXIMUM NIA NIA NIA 0.5 ml/I Between 6.5 - 9.0 standard units. TABLE6 MONITORING REQUIREMENTS FOR ALL OUTFALLS FROM POST-MINING OPERATIONS .PARAMETERS Flow Settlea.ble Soljds pH When d1schl!tgmg MONITORING.REQUIREMENTS MEASUREMENT FRF;Qw;NCY* SAMPLE TYPE I/Month. Estimate !!Month !!Month Grab Grab NOTE: See Parts II and III for Additional Requirements. there shall be no discharge of floating solids or visible foam in other than trace amounts. there shall be no discharge of visible sheen of oil or visible globules of oii and grease. Samples taken in compliance with (he monitoring requirements specified above shall be taken at the locations described in the Appendix ofthe Authorization. EPA Inspection Report - Page 20 of 30 . . ' AUTHORIZATION NO. OKG040038 ID No. I-40001130 . Page7 PART I 3. Alternative.Effluent Limitations During Precipitation >.10-Year. 24"Hour Precipitation Event Any discharge or increase in the volume of a discharge caused by precipitation.withi1; any 24-hour period greaterthan the 10-year, 24'hour precipitation event (or snowmelt of equivalent volume) may comply with the limitations specified below instead of the otherwise applicable limitations.. The operator sha)t have the burden ofproofthat the discharge or increase in discharge was caused by. the applicable precipitation event described above. Such discharges shall be limited and monitored by the peimittee as specified in Tables 7 and. 8 below. Monitoring requiretnents contained in Table 8 shall become effective in conjunction with the effluent limitations listed in Table 7. - PARAMETERS Flow " STORET: 50050 Rainfall STORET: 46529 pH STORET: 00400 TABLE7 EFFLUENT LIMITATIONS DURING PRECIPITATION > JO-YEAR, 24-HOUR. PRECIPITATION EVENT. . . DlSCIIARGl!: LIMITATIONS MASS 1..0ADINGS (!bsl<:lav m;iless otherwise specified) CONCENTRATION LIMITS (m"ll unless otherwise specified) MONTHLY AVERAGE DAILY MAXIMUM MONTHLY AVERAGE DAILY MAXIMUM. Reportrngd Reportmgd NIA NIA NIA NIA --- - -- . NIA NIA NIA Report inches . Between 6.5 - 9.0 standard units. TABLES MONITORING REQUIREMENTS FOR PRECIPITATION > 10-YEAR, 24-HOUR PRECIPITATION EVENT PARAMETERS Flow Rainfall .PH When dtschargmg . M-O- -N--I--T- O..RINGREOUIREMENTS MEASUJIBMENT FREOUENCY* SAMPLE TYPE Once for the event Estimate Total for a 24-how period :Rain gauge located in drainage area of affected outfall(s) . Once for the event Ofl!b NOTE: See Parts II and ill for Additional Requirements. There. shall be no di.scharge of a visible sheen of oil or globules of oil or grease on or in the water. Oil and grease shall not be present in quantit.ies that adhere to stream banks and coat bottoms ofwatercourses. Surface waters ofthe State shall be maintained free fi'om oil and grease and taste and odor$. . There shall be no discharge of floating solids or visible foam in other than trace amounts. Discharges shal.1 be free of noxious odors and taste and objectionable color <md turbidiJ:y. The discharge shall not contain chemical, physical, or biological substances in .concentrations that are irritating to skin or sense organs or are toxic or cause illness upon ingestion by human beings.. Samples taken in compliance with the monitoring requirements specified above shall be taken at the locations described in the Appendix ofthe Authorization. EPA Inspection Report - Page 21 of 30 AuTHpfilZATION NO. OKG040, ID No. I-40001130 Pages PART I SECTIONB. SCHEDULEOF COMPLIANCE 1he permittee shall achieve complian~e with the effluent limitations specified for discharges i!l accordance with the following schedule: The permittee shall complete a one-time sampling for the metals list below during the fourth year of th~ permit: Only one . outfall at the facility needs to be tested.. The analysis needs to be done by a laboratory certified by DEQ and. meet the MQL's listed below. The lab sheets for this testing will be submitted with the renewal application. If any additional analyses for metals beyond the minimum one4ime requirement are performed by the facility, those resl)lts also need to be submitted with the renewal applfcation. . Pollutant Manganese ArseniC Barium Cadmium Chromium Lead Mercury MOL 50 g/I 10 g/I 5.0 g/I .l.O g/I 10 g/I 5.0 g/I Q.2 g/l SECti6:N C.. REPORTING OF MONITORING RESuLTS Monitoring results shall be reported in accordance with the provisions of Part ID.E.4 of the General Permit. Monitoririg results obtained during the previous. month shall be summarized and reported on the Discharge Monitoring Report (DMR) forms due to the Oklahoma Department of Environmental Quality, Water Quality Division, Wastewater Compliance Tracking Section postmarked no later" than the 15th day of the following month. If no discharge occurs during the reporting period, DMR forms stating ''No Discharge" shall J:>e submitted according to.the above schedule: Thefirstreportisdueon January 15..2014 .. EPA Inspection Report - Page 22 of 30 AUTHORIZATION NO. OKG040038( ID No. 140001130 Page 1 PART II PAR,TII OTHER PERMIT REQUIREMENTS .. 1. This General Permit does not convey any exclusive privileges or authorize any injury to property or invasion of rights or any infiingement of fede_ral, state, or local laws or regulations nor does it obviate the requirement to obtain permission from any landown. e,rs whose property. will be affected by this Permit. 2. The term "active mining area" means the area, on or .beneath land, used or disturbed fu activity related to the extraction, removal or recovery of coal from. its natural deposits. This term el(cludes coal preparation plants, coal preparation plant associated areas, and post-mining areas. J. The term "bond release" means the time at which the appropriate regulatory authority returns a reclamation or performance bond based upon its determination that reclamation work has been satisfactorily completed. 4. The term "controlled surface mine drainage" .means any Surface mine drainage that is pumped or siphoned from the active mining area. , 5. The term ;,reclamation area" means the surface area of a coal mine that has been returned to the required contour and on which revegetation (specifically, seeding or planting) work has commenced.. 6. The term "10-year, 24-hour precipitation event" means the maximum 24-hour precipitation event with a probable recurrence interval of once in ten years as defined by the National Wea.ther Service and Technical Paper No. 40, . "Rainfall Frequency Atlas of the U.S.," May 1961, or equivalent regional or rainfall probability information developed therefrom. 7. Methods of flow estimating shall be by the "California Pipe Method" as described in Sec;tion 7.4.2.2. ofthe Haildbook for Monitoring Industrial Wastewater. August 1973, U.S. Environmental Protection Agency, Technology Transfer or an equivalent method approved by the DEQ. 8. The following procedure (or an equivalent method approved by the DEQ) shall be used to deterniine Settleable Solids: Fill an Imhoff cone to the one-liter mark with a thoroughly mixed sample. Allow to settle undisturbed for 45 minutes. Gently stir along the inside surface of the cone with a stirring rod. Allow to settle undisturbed for 15 minutes longer. Record the volume of settled material in the cone as milliliters per liter. Where a separation of settleable and floating materials occurs, do not include the floating material in the reading. The method detection limit for measuring settleable solids shall be 0.4 ml/I. 9. All laboratory analyses for th~ parameters specified in this pertnit must be p.erfoni:ted by a laboratory certified by the Oklahoma. Department of Environmental Quality for those parameters.. 10. The permittee shall notify the DEQ when each SMCRA Phase I or Phase II bond is released. The notification should be addressed to the attention ofthe ICIS Coordinator: 11. Locations may be revised by the permittee if it becomes necessary to eliminate or establish new holding ponds. For any revision, the permittee shall submit appropriate maps to the DEQ Oklahoma City office and ti)e DEQ district ciffi.ce redesignatingthe holding pond locations. The permittee shall also maintain a map at the mine site that shows the location of all ponds. This map shall be available to the DEQ inspectots. Any revised pond or outfall location should be consistent with and fall Within the mining area boundary as permitted by the ODOM. EPA Inspection Report - Page 23 of 30 <' AUTHtORIZATION NO. OKG040,' ) No. 1-40001130 Page2. PART II 12. Unless otherwise specified in this permit, monitoring shall be conducted according. to analytical, apparatus and materials, sample collection, preservation, handling, etc., procedures listed at 40 CFR Part 136 in effect on the effective date of this permit. Appendices A, B, and C to 40 CFR Part 136 are specificaHy referenced as part of.this requirement. iJ. r0 reclassify a previously determined acid ot ferruginous mine drainage dispharge to an a1kaline mine drainage, the permittee must satisfactorily demonstrate to the DEQ that the mine drainage prior to treatment has a pH greater than or equal to 6,0 standard units, and a total iron concentration less than 10 mg/I. This will require the submittal of at least six months of data to characterize the pH and the total iron concentration of the influent or untreated effluent. 14. Individual Permits a. Any permittee authorized. by this Petmit may request to be excluded from the coverage of this General Permit by applying for an individual permit. The permittee shall submit the appropriate OPbES application forms together with the reasons supporting the request to the Water Quality Division. b, When an individual OPDES permit is issued to a permittee otherwise subject to this General Permit, the applicability of this Permit to that owner or permittee is automatically terminated on the effective date of the individual permit. c. A Source excluded .from coverage under this General permit solely because it already has an individual permit may request that its individual permit be revoked, and that it be covered by this General Permit. Upon revocation of the individual permit, this General Permit shall apply to the source. 15. Laws and Rules Aru>licable The DEQ Rules, as amended, are applicable to and are incorporated by reference into this General Permit and any Authorizations under it. The permittee is hereby given notice that this General Permit is in all respects .subject to compliance with and actions under any and all applicable and relevant terms, conditions, proviSions and requirements and any and all amendments of the laws of the State of Oklahoma, the Department of Environmental Quality Rules, and Oklahoma's Water Quality Standards. The absence of any expres.s reference within this Permit to any particular statutory requirement, rule(s), regulatiori(s); or standard(s) shall in no respect be deemed or construed to exempt or preclude the application ofsuch requirement, rule(s), regulation(s), or standard(s) to this Permit or the permittee. By DEQ !lpproval, grant, and issuance of this Permit, permittee acknowledges responsibility to obtain correct and current copies of applicable DEQ Rules (as amended), provided, however, that the permittee further acknowledges that any and all amendments thereto shall become a part ofthis General Permit 16. Reopener Clause This permit may be reopened for modification or revocation and reissuance to require additional monitoring and/or effluent limitations where actual or potential exceedances of s(l!te water quality criteria are determined;. or when required by changes to technology based limits. Modification or revocation and reissuance of the permit shall follow regulations listed at 40 CFR 124.5. EPA Inspection Report - Page 24 of 30 AUTHORIZATION NO. OKG040038 I ID No. 1-40001130 . j Page i 1\PPENP1X APPENDIX OUTFALLL0C4,TIONS AND RECEIVING STREAMS Outf11U 001 . 002 003 004 - 005 006 008 009 .. Uischarne Location - ... .. L"";iJ D~cti1>tl91t L;ititu.de - Lqni!itudto NEY., NE\4, SEY. Section 34,. Townsl)ip 6N, Range 24E IM N 34 56' 52" - W 94 45' 08" LeF!ore Couniv, Okla;lwm.a SWY., $WY., NW% Section 34, Township 6N, Range 24E IM . N 34 56' 59" - W 94 46' 07" LeFlore Coutitv, Oklahoma. SWY., SEY.,NWY. Section 32, Township 6N,Range 24E IM N 34 57' 03" - W 94 47' 54" 'Leflore Countv, Oklahoma NWY., SEY., SEY. Section 35, Township 6N, Range 23E IM N34 56'40"-W94 50''34" LeF!ore Countv, Oklahoma SW\4, SWY., SWY... Section 34, Township 6N, Range 23E IM N 34 56' 38"..., W 94 52' 19" . LeFlcire Countv, Oklahoma SEY., NEY., SWY. Section 34, Township 6N, Range 25E IM N 34 57' 08" - W 94 45' 59" LeFJ0re Countv, Oklahoma SEY., NEY., SWY. Section 34, Township 6N, Range 25EIM N 34 56' 58" - W 94 46' 32" .. Leflore Countv, Oklaho!lla SEY., NEY., SWY. Section 34, Township 6N, Range 25E IM N 34 56' 58" - W 94 46' 32" Leflore Countv, Oklahoma . lleceiVin" Stream Unnamed tributary to Wister Lake Unnamed tributary of - Cl!Ston Creek . Unnamed tributary of Caston Creek UnnRl))ed tributary to Wister Lake Ulll\amed tributary of. Coal Creek Unniuried tributary of Caston Creek Unnamed tributary of Caston Creek Unnamed tributary of Caston Creek .__ Status It!activemot vet constnicted) Active ' Phase .I rele11se Ph11se ii rQlease .BOND RELEASJ: STA'J'US . Outfalls oos,008,009 001 004 & 006 None None . .. - - .. EPA Inspection Report - Page 25 of 30 Farrell Cooper Mining Company / Bull Hill Mine Inspection Date 7/18/2017 Appendix 3 Oklahoma Industrial Discharger General Permit Part III EPA Inspection Report - Page 26 of 30 PART III STANDARD CONDITIONS FOR OPDES INDUSTRIAL DISCHARGE PERMITS SECTION A. DEFINITIONS In addition to the definitions included in the Oklahoma Pollutant Discharge Elimination System Act (OPDES Act), Title 27 O.S. 2-6-201, et seq., and the rules of the State of Oklahoma Department of Environmental Quality (DEQ) adopted thereunder (See OAC 252:606); the following definitions shall apply to this permit: 1. "Act" means the OPDES Act, as amended. 2. "Applicable effluent standards and limitations" means all state and federal effluent standards and limitations to which a discharge is subject under the Act, including, but not limited to, effluent limitations, standards of performance, toxic effluent standards and prohibitions, and pretreatment standards. 3. "Applicable water quality standards" means all water quality standards to which a discharge is subject under the Act. 4. "Average limitations" shall be calculated as follows: a. "7-day average" or "weekly average," other than for coliform bacteria, is the arithmetic mean of the daily values for all effluent samples collected during 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. The "7-day average" or "weekly average" for coliform bacteria is the geometric mean of the values for all effluent samples collected during a calendar week. b. "30-day average" or "monthly average", other than for coliform bacteria, is the arithmetic mean of the daily values for all effluent samples collected during 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. The "30day average" or "monthly average" for coliform bacteria is the geometric mean of the values for all effluent samples collected during a calendar month. 5. "Average loading" shall be determined by the summation of all the calculated loadings for the calendar month divided by the number of samples analyzed during the calendar month. 6. "Bypass" means the intentional or unintentional diversion of waste streams from any portion of a treatment, disposal or collection facility. 7. "Daily average discharge" shall be determined by calculating the total discharge by weight during a calendar month divided by the number of days in the month that the production or commercial facility was operating. Where less than daily sampling is required by the permit, the "daily average discharge" shall be determined by the summation of all the measured "daily discharge(s)" by weight divided by the number of days during the calendar month when the measurements were made. 8. "Daily average discharge limitation" means the highest allowable average of "daily discharge(s)" measured during a calendar month divided by the number of "daily discharge(s)" measured during that month. When the permit establishes daily average concentration effluent limitations or conditions, the daily average concentration means the arithmetic average (weighted by flow) of all "daily discharge(s)" of concentration determined during the calendar month where C = daily concentration, F = daily flow and n = number of daily samples; daily average discharge = _C_1F__1 _+_C__2F_2__+_._._._+__C_n_F_n F1 + F2 + . . . + Fn 9. "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 terms of mass, the "daily discharge" is calculated as the total mass of the pollutant discharged over the sampling day. For pollutants with limitations expressed in other units of measurement, the "daily discharge" is calculated as the average measurement of the pollutant over the sampling day. "Daily discharge" determination of concentrations made using a composite sample shall be the concentration of the composite sample. When grab samples are used, the "daily discharge" determination of concentration shall be the arithmetic average (weighted by flow value) of all samples collected during that sampling day. 10. "Daily maximum discharge limitation" means the highest allowable "daily discharge" during the calendar month. 11. "Department of Environmental Quality" (DEQ) means the State of Oklahoma Department of Environmental Quality. 12. "Director" or "Executive Director" means the Executive Director of the Department of Environmental Quality. 13. "Discharge Monitoring Report" or "DMR" means the EPA uniform national form, including any subsequent additions, revisions or modifications for the reporting of self-monitoring results by permittees. 14. "Disposal system" means a system for disposing of wastewater, including treatment systems. 15. "Environmental Protection Agency" (EPA) means the U.S. Environmental Protection Agency. 16. "Industrial user" means a nondomestic discharger, as identified in 40 CFR, Part 403, introducing pollutants to a publicly owned treatment works. 17. "Loading" (in lbs/day) shall be calculated by multiplying each sample concentration (in mg/l) by the simultaneous effluent flow rate (in MGD) with a conversion factor of 8.34. 18. "Maximum loading" means the highest single loading for all samples analyzed during the month. 19. "Oklahoma Pollutant Discharge Elimination System" (OPDES) means the state program for issuing, modifying, revoking and reissuing, terminating, monitoring and enforcing permits, and imposing and enforcing pretreatment requirements, under the Act. 20. "OPDES Act" means the Oklahoma Pollutant Discharge Elimination System Act, 27 O.S. 2-6-201, et seq. 21. "Sample" has one of the following meanings, as appropriate: a. For coliform bacteria, a sample consists of one effluent grab portion collected during a 24-hour period at peak loads. b. "Grab sample" means an individual sample collected in less than 15 minutes. c. "24-hour composite sample" consists of a minimum of 12 effluent portions collected at equal time intervals over the 24-hour period and combined proportional to flow or a sample collected at frequent intervals proportional to flow over the 24-hour period. d. "12-hour composite sample" consists of a minimum of six effluent portions collected at equal time intervals over the 24-hour period and composited according to flow. The daily sampling intervals shall include the highest flow periods. e. "6-hour composite sample" consists of six effluent portions collected no closer together than one hour (with the first portion collected no earlier than 10:00 a.m.) and composited according to flow. f. "3-hour composite sample" consists of three effluent portions collected no closer together than one hour (with the first portion collected no earlier than 10:00 a.m.) and composited according to flow. 22. "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. 23. "Sewage sludge" means the solids, residues and precipitates separated from or created in sewage by the unit processes of a publicly owned treatment works. Sewage as used in this definition means any wastes, including wastes from humans, households, commercial establishments, industries, and storm water runoff, that are discharged to or otherwise enter a publicly owned treatment works. 24. "Surface impoundment" means an excavated soil or lined basin either below or above ground level which is designed, maintained and/or operated to store, recycle, treat and/or dispose of industrial wastewater or storm water, and shall include but is not limited to natural and man-made topographic depressions, excavations, basins, diked areas, lagoons, pits and ponds. 25. "System" means pipelines or conduits, pumping stations and force mains, and all other construction, devices, appurtenances and facilities used for collecting, conducting, or disposing of water or wastewater, including disposal systems and treatment systems or treatment works. EPA Inspection Report - Page 27 of 30 26. "Treatment works" means any devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage and industrial wastes of a liquid nature to implement the Act, or necessary to recycle or reuse water at the most economical cost over the estimated life of the works, including intercepting sewers, sewage collection systems, pumping, power and other equipment, and their appurtenances, extension, improvement, remodeling, additions, and alterations thereof. 27. "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. 28. "Lbs/day" means pounds per day. 29. "MGD" means million gallons per day. 30. "mg/l" means milligrams per liter or parts per million (ppm). 31. "g/l" means micrograms per liter or parts per billion (ppb). SECTION B. GENERAL CONDITIONS 1. Introduction In accordance with the provisions of 40 CFR 122.41 et seq., (adopted by reference in OAC 252:606-1-3) this permit incorporates by reference all conditions and requirements applicable to OPDES Permits set forth in the Act, as amended, as well as all applicable regulations. 2. Duty to Comply a. All authorized discharges shall comply with the rules of the DEQ, which are hereby incorporated by reference; the Federal Clean Water Act and OPDES Regulations, and all provisions, conditions and requirements included in this permit. b. The permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the applicable federal and state laws, including the Federal Clean Water Act, the OPDES Act and the Oklahoma Environmental Quality Code, and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or for denial of a permit renewal application. 3. Toxic Pollutants a. Notwithstanding Section III.B.5 of this permit, if any toxic effluent standard or prohibition (including any schedule of compliance specified in such effluent standard or prohibition) is promulgated under the Act for a toxic pollutant which is present in the discharge and that standard or prohibition is more stringent than any limitation on the pollutant in this permit, this permit shall be modified or revoked and reissued to conform to the toxic effluent standard or prohibition. b. The permittee shall comply with effluent standards or prohibitions established under of the Act for toxic pollutants within the time provided in the regulations that established those standards or prohibitions, even if the permit has not yet been modified to incorporate the requirement. c. The permittee is prohibited from discharging any toxic substance in a toxic amount. 4. 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. The application shall be submitted at least 180 days before the expiration date of this permit unless otherwise authorized by the Executive Director. The Executive Director may grant permission to submit an application less than 180 days in advance but no later than the permit expiration date. Continuation of expiring permits shall be governed by regulations promulgated at 40 CFR 122.6 and any subsequent amendments. 5. Permit Actions This permit may be modified, revoked and reissued, or terminated for cause in accordance with 40 CFR 122.62-64 and Title 27 O.S. 2-6-201 et seq., and the rules of the State of Oklahoma Department of Page 2 of PART III Environmental Quality (DEQ) adopted thereunder (See OAC 252:606). The filing of a request for a permit modification, revocation and reissuance, or a notification of planned changes or anticipated noncompliance, does not stay any permit condition. 6. Property Rights This permit does not convey any property rights of any sort, or any exclusive privilege. 7. Duty to Provide Information The permittee shall furnish to the Executive Director within a reasonable time, any information which the Executive Director 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 Executive Director, upon request, copies of records required to be kept by this permit. 8. Criminal, Civil and Administrative Liability Except as provided in permit conditions on "bypassing" and "upsets," nothing in this permit shall be construed to relieve the permittee from civil or criminal penalties for noncompliance. Violations of the permit conditions contained in this permit may subject the permittee to state administrative, civil or criminal penalties as set forth in 27A O.S. 2-6206 and/or federal penalties as provided for in Title 18 of the United States Code, and regulations promulgated thereto. 9. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject under Section 311 of the Act. 10. State Laws Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties established pursuant to any applicable state law or regulation under authority preserved by Section 510 of the Act. 11. Severability The provisions of this permit are severable, and if any provision of this permit or the application of any provision of this permit to any circumstance is held invalid, the application of such provision to other circumstances and the remainder of this permit, shall not be affected thereby. SECTION C. PROPER OPERATION AND MAINTENANCE 1. Need to Halt or Reduce 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. 2. 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. 3. Proper Operation and Maintenance a. 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 as efficiently as possible and in a manner which will minimize upsets and discharges of excessive pollutants and will 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 backup 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 this permit. EPA Inspection Report - Page 28 of 30 b. The permittee shall provide an adequate operating staff which is duly qualified to carry out operation, maintenance and testing functions required to insure compliance with the conditions of this permit. 4. Bypass of Treatment Facilities a. 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 reporting requirements of Parts III.C.4.b and 4.c. b. Notice (1) 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. (2) Unanticipated Bypass. The permittee shall, within 24 hours, submit notice of an unanticipated bypass as required in Part III.E.7. c. Prohibition of Bypass (1) Bypass is prohibited, and the Executive Director 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 required by Part III.C.4.b. (2) The Executive Director may allow an anticipated bypass after considering its adverse effects, if the Executive Director determines that it will meet the three conditions listed at Part III.C.4.c.(1). 5. Upset Conditions a. 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 Part III.B.3.b 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. b. Conditions Necessary for 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: (1) An upset occurred and that the permittee can identify the specific cause(s) of the upset; (2) The permitted facility was at the time being properly operated; (3) The permittee submitted notice of the upset as required in Part III.E.7. of this permit; and (4) The permittee complied with any remedial measures under Part III.C.2. c. Burden of Proof. In any enforcement proceeding, the permittee seeking to establish the occurrence of an upset has the burden of proof. 6. Removed Substances a. Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be disposed of in a state-approved industrial waste disposal site or to a company for recycling. Disposal shall be in a manner such as to prevent any pollutant from such materials from entering waters of the state and in compliance with applicable rules of the DEQ. If any such industrial wastes are removed from the facility, the permittee shall keep accurate records which include the following information: (1) Name and address of company hauling waste. (2) The type and amount of waste hauled. (3) The final disposal site of waste hauled. Page 3 of PART III (4) Copy of permit or authorization of sludge management plan issued by DEQ. b. Upon request, the records required in Part III.C.6.a shall be made available to DEQ staff for review. 7. Percent Removal For publicly owned treatment works, the 30-day average or monthly average percent removal for Biochemical Oxygen Demand and Total Suspended Solids shall not be less than 85 percent unless otherwise authorized by the permitting authority in accordance with 40 CFR 133.103. SECTION D. MONITORING AND RECORDS 1. Inspection and Entry The permittee shall allow the Executive Director, and/or his/her authorized representative(s), upon presentation of credentials and such other documents as may be required by the 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, the Act, or DEQ rules; c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), maintenance, 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 Act, any substances or parameters at any location. 2. Representative Sampling Samples and measurements taken for the purpose of monitoring shall be representative of the monitored activity. 3. Retention of Records Except for records of monitoring information required by this permit related to the permittee's sewage sludge use and disposal activities, which shall be retained for a period of at least five years (or longer as required by 40 CFR, Part 503), the permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original 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 three (3) years from the date of the sample, measurement, report or application. This period may be extended by request of the Executive Director at any time. 4. Record Contents Records of monitoring information shall include: a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; c. The date(s) and time(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. 5. Monitoring Procedures a. Monitoring must be conducted according to test procedures approved under 40 CFR, Part 136 or, in the case of sludge use or disposal, approved under 40 CFR, Part 136 unless otherwise specified in 40 CFR, Part 503, unless other test procedures have been specified in the permit. b. The permittee shall calibrate and perform maintenance procedures on all monitoring and analytical instruments at intervals frequent enough to insure accuracy of measurements and shall maintain appropriate accuracy of measurements and shall maintain appropriate records of such activities. c. An adequate analytical quality control program, including the analyses of sufficient standards, spikes and duplicate samples to insure the accuracy of all required analytical results shall be maintained by the permittee or designated commercial laboratory. EPA Inspection Report - Page 29 of 30 6. Flow Measurements Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be installed, calibrated, and maintained to insure that the accuracy of the measurements is consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than 10% from true discharge rates throughout the range of expected discharge volumes. SECTION E. REPORTING REQUIREMENTS 1. Planned Changes a. Industrial Permits The permittee shall give notice to the Executive Director as soon as possible of any planned physical alterations or additions to the permitted facility. Notice is required only when: (1) 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); (2) 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 listed at Part III.E.10.a.; or (3) The alteration or addition results in a significant change in the permittee's sludge use or disposal practices, and such alteration, addition, or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan. b. Municipal Permits Any change in the facility discharge (including the introduction of any new source or significant discharge or significant changes in the quantity or quality of existing discharges of pollutants) must be reported to the permitting authority. In no case are any new connections, increased flows, or significant changes in influent quality permitted that will cause violation of the effluent limitations specified herein. 2. Anticipated Noncompliance The permittee shall give advance notice of any planned changes in the permitted facility or activity which may result in noncompliance with permit requirements. 3. Transfers This permit is not transferable to any person except after notice to the Executive Director. The Executive Director may require modification or revocation and reissuance of the permit to change the name of the permittee and incorporate such other requirements as necessary under the Act. 4. Discharge Monitoring Reports and Other Reports Monitoring results must be summarized and electronically reported on an electronic Discharge Monitoring Report (eDMR) form through DEQ's e2 electronic reporting system. Reporting periods shall end on the last day of the month. Monitoring reports shall be prepared monthly and electronically submitted to the DEQ no later than the fifteenth (15th) day of the following month. All operating records and reports shall comply with the OPDES Act, the Oklahoma Environmental Quality Code and the requirements of 40 CFR 122.41(j). Instructions on how to register as a Preparer or Signatory for eDMRs, as well as how to prepare and submit eDMRs, can be found on DEQ's website at http://www.deq.state.ok.us/wqdnew/ereporting/index.html. Assistance is also available by contacting DEQ at (405) 702-8100 or deqreporting@deq.ok.gov. Through the April 2017 reporting period, the permittee must also submit signed, printed copies of the DMRs to DEQ at the following address: Page 4 of PART III Water Quality Division Oklahoma Department of Environmental Quality P.O. Box 1677 Oklahoma City, OK 73101-1677 5. Additional Monitoring by the Permittee If the permittee monitors any pollutant more frequently than required by this permit, using test procedures approved under 40 CFR, Part 136 or, in the case of sludge use or disposal, approved under 40 CFR, Part 136 unless otherwise specified in 40 CFR, Part 503, or as specified in this permit, the results of this monitoring shall be included in the calculation and reporting of the data submitted in the Discharge Monitoring Report (DMR) or sludge reporting form specified by the Executive Director. Such increased monitoring frequency shall also be indicated on the DMR. 6. Averaging of Measurements Calculations for all limitations which require averaging of measurements shall utilize an arithmetic mean unless otherwise specified by the Executive Director in the permit. 7. Twenty-four Hour Reporting a. 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. DEQ shall be notified by calling 1-800-256-2365 for around-the-clock reporting. A written submission shall be provided within five days of the time the permittee becomes aware of the circumstances. The report shall contain the following information: (1) A description of the noncompliance and its cause; (2) The period of noncompliance including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and, (3) Steps taken to reduce, eliminate, and prevent reoccurrence of the noncomplying discharge. b. The following shall be included as information which must be reported within 24 hours: (1) Any unanticipated bypass which exceeds any effluent limitation in the permit; (2) Any upset which exceeds any effluent limitation in the permit; and, (3) Any Violation of maximum daily discharge limitation for any of the pollutants listed by the Executive Director in Part II (industrial permits only) of the permit to be reported within 24 hours. c. The Executive Director may waive the written report on a case-bycase basis if the oral report has been received with 24 hours. 8. Other Noncompliance The permittee shall report all instances of noncompliance not reported under Part III.E.4 and E.7 and Part I.B at the time monitoring reports are submitted. The reports shall contain the information listed at Part III.E.7. 9. 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 Executive Director, it shall promptly submit such facts or information. 10. Changes in Discharges of Toxic Substances All existing manufacturing, commercial, mining and silvicultural permittees shall notify the Executive Director 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 listed at 40 CFR, Part 122, Appendix D, Tables II and III (excluding Total Phenols) which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels": (1) One hundred micrograms per liter (100 g/l); (2) Two hundred micrograms per liter (200 g/l) for acrolein and acrylonitrile; five hundred micrograms per liter (500 g/l) for 2,4-dinitrophenol and for 2-methyl-4,6-dinitrophenol; and 1 milligram per liter (1 mg/l) for antimony; EPA Inspection Report - Page 30 of 30 (3) Five (5) times the maximum concentration value reported for that pollutant in the permit application; or (4) The level established by the Executive Director. b. That any activity has occurred or will occur which would result in any discharge, on a non-routine 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": (1) Five hundred micrograms per liter (500 g/l); (2) One milligram per liter (1 mg/l) for antimony; (3) Ten (10) times the maximum concentration value reported for that pollutant in the permit application; or (4) The level established by the Executive Director. 11. Signatory Requirements All applications, reports, or information submitted to the Executive Director shall be signed and certified. a. All permit applications shall be signed as follows: (1) For a corporation - by a responsible corporate officer. For the purpose of this section, a responsible corporate officer means: (a) A president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation; or, (b) The manager of one or more manufacturing, production, or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding $25 million (in second-quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) For a partnership or sole proprietorship - by a general partner or the proprietor, respectively. (3) For a municipality, state, federal, or other public agency - by either a principal executive officer or ranking elected official. For purposes of this section, a principal executive officer of a federal agency includes: (a) The chief executive officer of the agency, or (b) A senior executive officer having responsibility for the overall operations of a principal geographic unit of the agency. b. All reports required by the permit and other information requested by the Executive Director shall be signed by a person described above or by a duly authorized representative of that person. A person is a duly authorized representative only if: (1) The authorization is made in writing by a person described above; (2) The authorization specifies either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or a well field, superintendent, or position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. A duly authorized representative may thus be either a named individual or an individual occupying a named position; and, (3) The written authorization is submitted to the Executive Director. c. Certification. Any person signing a document under this section shall make the following certification: "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations." 12. Availability of Reports Except for applications, effluent data, permits, and other data specified in 40 CFR 122.7, any information submitted pursuant to this permit may be claimed as confidential by the submitter. If no claim is made at the time of Page 5 of PART III submission, information may be made available to the public without further notice.