Document QM2oXO6Vgw6R76oXbygLGg167

CWA COMPLIANCE EVALUATION INSPECTION REPORT U.S. ENVIRONMENTAL PROTECTION AGENCY, REGION 5 Purpose: Facility: NPDES Permit Number: Date of Inspection: EPA Representatives: Facility Representatives: Report Prepared by: Report Date: Inspector Signature Approver name & Title: Approver Signature: Approval Date: Compliance Evaluation Inspection Tricor Metals 3225 W Old Lincoln Way Wooster, Ohio 44691 OH0107557 March 17, 2021 Mark Conti, Engineer, 440-250-1706 Colin Sullivan, Environmental Engineer, 312-886-2592 Jon Stitzlein, Operations Manager, 330-264-3299 ext. 2228 Ron Krajcik, 330-264-3299 ext. 2114 Colin Sullivan, Environmental Engineer Water Enforcement and Compliance Assurance Branch sullivan.colin@epa.gov See approval date below. COLIN Digitally signed by COLIN SULLIVAN _S_U_L_L_I_V_A_N_______D-0a_5t'e0_:02'_02_1._04_.30_0_9:3_3:_37___ Molly Smith, Section 1 Chief Water Enforcement and Compliance Assurance Branch Digitally signed by MOLLY MOLLY SMITH SMITH Date: 2021.04.30 10:37:21 _______________-0_5'0_0'___________ ___April 30, 2021_____________ I. BACKGROUND The purpose of this report is to describe, evaluate and document Tricor Metals' (Tricor or "facility") compliance with the Clean Water Act (CWA). Tricor is a metal fabricator located in Wooster, Ohio. The facility works primarily with titanium but also works with most other alloys including titanium alloy, zirconium, tantalum, nickel alloy, inconel, and stainless steel. The facility fabricates custom reactor vessels, heat transfer equipment, and piping systems. The facility has National Pollution Discharge Elimination System (NPDES) Permit Number OH0107557 with an effective date of December 1, 2018 and an expiration date of November 30, 2023. The NPDES permit (Permit) is included in Attachment B. The facility has one outfall that discharges to an unnamed tributary of Killbuck Creek. According to the Permit, the effluent discharge consists of stormwater runoff, clean hydrostatic test water, and groundwater from the fabrication sump. The facility has been in Significant Noncompliance (SNC) with its Permit due to self-reported exceedances of its total suspended solids (TSS) effluent limit. The facility was in SNC for five consecutive quarters, starting in the third quarter of 2019 through the third quarter of 2020. Table 1 presents Tricor's self-reported TSS exceedances over the past five years: Monitoring Period Date 1/31/2019 5/31/2019 5/31/2019 6/30/2019 8/31/2019 8/31/2019 9/30/2019 9/30/2019 11/30/2019 11/30/2019 1/31/2020 2/29/2020 2/29/2020 3/31/2020 3/31/2020 4/30/2020 4/30/2020 6/30/2020 6/30/2020 7/31/2020 7/31/2020 Table 1: TSS Effluent Exceedances Limit Type DMR Value Limit Value Monthly Average Monthly Average Daily Max Monthly Average Monthly Average Daily Max Monthly Average Daily Max Daily Max Monthly Average Monthly Average Daily Max Monthly Average Daily Max Monthly Average Monthly Average Daily Max Monthly Average Daily Max Daily Max Monthly Average 39 milligrams/Liter (mg/L) 158 mg/L 158 mg/L 38 mg/L 84 mg/L 84 mg/L 156 mg/L 156 mg/L 74 mg/L 74 mg/L 34 mg/L 58 mg/L 58 mg/L 52 mg/L 52 mg/L 50 mg/L 50 mg/L 166 mg/L 166 mg/L 58 mg/L 58 mg/L 30 milligrams/L (mg/L) 30 mg/L 45 mg/L 30 mg/L 30 mg/L 45 mg/L 30 mg/L 45 mg/L 45 mg/L 30 mg/L 30 mg/L 45 mg/L 30 mg/L 45 mg/L 30 mg/L 30 mg/L 45 mg/L 30 mg/L 45 mg/L 45 mg/L 30 mg/L % Exceedance 30 427 251 27 180 87 420 247 64 147 13 29 93 16 73 67 11 453 269 29 93 1 Concentration mg/L The Permit requires Tricor to conduct benchmark monitoring for aluminum, zinc, and nitrate + nitrite at least once per quarter when there is a discharge associated with an ongoing or recent measurable precipitation event. The following benchmark concentrations are presented in the Permit: 0.75 mg/L for aluminum, 0.23 mg/L for zinc, and 0.68 mg/L for nitrate + nitrite. According to self-reported discharge data available on Enforcement and Compliance History Online (ECHO), Tricor has exceeded its benchmark concentrations for both aluminum and nitrate + nitrite. For aluminum, there were four in exceedances 2019, four exceedances in 2020, and two exceedances so far in 2021. For nitrate + nitrite, there were six exceedances in 2019, eight exceedances in 2020, and one so far in 2021. The following two figures show the exceedances since the Permit issuance. 14 12 10 8 6 4 2 0 Figure 1: Aluminum Monitoring 2.5 2 1.5 1 0.5 0 Figure 2: Nitrite + Nitrate Monitoring 2 Concentration mg/L II. INSPECTION SUMMARY The inspection took place in several parts. On March 12, 2021, due to the COVID-19 pandemic, Mark Conti and I held a virtual opening conference with Jon Stitzlein, Tricor's Operations Manager. We discussed the facility's operations, self-reported effluent violations, wastewater production, and stormwater management. I ended the conference by requesting a list of documents from Mr. Stitzlein. We also discussed the COVID-19 safety protocols that would be implemented during the on-site inspection. On March 17, 2021, Mark Conti and I toured the Tricor facility. In addition to the facility tour, we had a brief opening discussion and closing conference with Mr. Stitzlein and Ron Krajcik. On April 14, 2021, Mark Conti and I had a follow-up call with Mr. Stitzlein and Tricor's environmental consultant, Richard Jackson, of Wastewater Operator Services. This call focused on sampling collection methods. The following topics were discussed during the calls and site inspection. Facility Description During the virtual opening conference, Mr. Stitzlein explained that Tricor is a fabrication and service center that works primarily with titanium, but also with stainless steel, zirconium, inconel and most other alloys. He described the facility as a "custom shop" that makes pressure vessels for many industries. The facility also has a service center warehouse for plates, sheeting, and tubing. During the site inspection, Mr. Stitzlein added that Tricor also does wire cutting, cleaning, and packaging. Mr. Stitzlein said that the facility receives metals in raw plate form and then performs a variety of operations on the metals in the machine shop, including hydraulic cutting, sawing, plasma cutting, rolling, seam welding, cutting, and grinding. He said that there have been no changes to the facility's operations since the 2018 permit issuance. Mr. Stitzlein said that the Tricor Wooster facility started operating in February 2006, but that the facility itself was constructed in 1963. The facility has around 75 employees. The fabrication shop works in three shifts, 24 hours a day, 5 days a week. Tricor's property is 20 acres total. The facility is comprised of a 150,000 square-foot main building with a few unattached storage buildings near the rear parking lot. The main building houses the machine shop, fabrication operations, offices, the warehouse, maintenance area, and the wire workshop. The storage buildings house metal cut-offs that get recycled. Process Wastewater During the opening conference, Mr. Stitzlein said that wastewater is primarily generated from the hydrostatic pressure testing of vessels. This process takes place over a vault that is 25 feet wide, 25 feet long, and 25 feet deep. Fabricated vessels are tested to ensure they do not contain leaks. During a pressure test, a vessel is partially filled with water from the City of Wooster. The remaining interior space of the vessel is filled with pressurized air. The vessel is then inspected 3 to verify proper performance. Before the test takes place, Tricor sweeps and vacuums the interior of the vessel to remove residual debris from fabrication. After the test, the water is drained from the vessel into the vault. The amount of water used during the test varies based on the size of the vessel. Due to the depth of the vault, groundwater seeps into the vault. The vault contains two sump pumps. The pumps operate on a float switch system. Once activated, the pumps send the water from the vault to the catch basin located in the rear parking lot. As water collects in the catch basin, it overflows into the effluent pipe and is discharged. The groundwater has not been separately tested for its TSS concentration. The vault was constructed in 1973 and is covered with a steel grate. Mr. Stitzlein said that the facility has tried covering the vault's grate to prevent solids from entering the vault; however, this approach did not seem to help reduce TSS concentrations in the effluent. The facility has pumped out and cleaned the vault in the past. During the follow-up call, Mr. Stitzlein explained that the pumps in the vaults are not monitored to see how often they run. During the opening conference, Mr. Stitzlein said that the facility has not conducted a hydrostatic test in about two months. He thinks that the historical TSS exceedances were due to the heavy testing volume that occurred during the summer of 2020, at a rate of about one test per week. He said the testing frequency slowed down starting around the fall. He said two or three tests are done in the typical month. When asked about floor drains in the facility, Mr. Stitzlein said that the floor drains lead to the outfall, but that the drains have been capped. During the site visit, Mr. Stitzlein said that the facility uses water for water jet cutting and uses soapy rinse water during wire processing. The jet cutting water is filtered and discharged down the floor drains. The spent soapy rinse water is placed in holding tanks and hauled away or evaporated. During the follow-up call, Mr. Stitzlein said that the water jet cutting tables operate approximately ten hours per day and that they use about 1-2 gallons of water per minute during operation. While investigating the source of the TSS exceedances, Mr. Stitzlein said that Ohio EPA made the facility test their well water to see if the solder joints in the piping were leaching into the tap water. The facility has installed an ortho phosphate system to coat the inside of the pipes to prevent leaching. Stormwater During the opening conference, Mr. Stitzlein explained that the facility's stormwater is routed to the outfall via three catch basins and a stormwater sewer system. During the site inspection, Mr. Stitzlein explained that there are two catch basins in the front parking lot and one catch basin in the rear parking lot. The facility has two parking lots: a front paved parking lot and an unpaved rear parking lot. Semi-trucks regularly enter the rear parking lot and create potholes that Tricor fills in. Mr. Stitzlein said that the facility obtained a quote of about $70,000 to pave the rear parking lot with blacktop. The Permit includes a requirement for the facility to update their Stormwater Pollution Prevention Plan (SWPPP) within 6 months of permit issuance. During the opening conference, Mr. Stitzlein was unaware if the SWPPP had been updated. Mr. Stitzlein said that quarterly and annual stormwater inspections are being conducted by their consultant. However, during the 4 follow-up call, Mr. Jackson said that he is not involved in conducting SWPPP inspections and is not sure when the SWPPP was last updated. Mr. Stitzlein said that he conducts monthly inspections and keeps the summary reports on file. Copies of the 2020 inspection reports are included in Attachment F. When asked about the outdoor storage of chemicals, Mr. Stitzlein said that there are no chemicals or paint stored outside, but that raw material is stored outside in crates, under tarps, or on racks and trailers. The facility also stores wood, skid, and shipping dunnage outside. Mr. Stitzlein said that one possible explanation for the TSS exceedances could be that exhaust from the facility settles on the roof and pollutes stormwater during storm events. During the site visit, Mr. Stitzlein said that the effluent is cloudy and dark after a storm event. I asked Mr. Stitzlein about the Permit's requirement to collect stormwater benchmark samples for aluminum, nitrite + nitrate, and zinc. Mr. Stitzlein explained that the aluminum exceedances could have been caused by water or dust generated when fabricating products out of aluminum. He said that due to the benchmark concentration exceedances, the facility stopped working with aluminum sometime in 2020. Mr. Stitzlein doesn't think the aluminum exceedances were due to stormwater. He was not sure what caused the nitrite + nitrate benchmark exceedances. During the follow-up call, Mr. Jackson said that he samples for the benchmark parameters every month. He was unsure what caused the January 2021 aluminum exceedance since the facility no longer works with aluminum. He was also unsure of what caused the nitrite + nitrate exceedances since these pollutants do not appear in the facility's source water, and the facility does not use fertilizers in its rear yard. He noted that there seems to be a correlation between the effluent concentrations of aluminum and TSS. During the follow-up call, I asked about the garnet stored under plastic sheeting on the concrete pad during the inspection. Mr. Stitzlein said that the garnet gets hauled away in 20 cubic yard containers. The hauler stopped coming to the site due to the pandemic, but has since resumed shipments. Sanitary Wastewater During the opening conference, Mr. Stitzlein said that the facility has a sanitary treatment plant that consists of two aeration tanks, a settling tank, two sand beds, and a chlorinator. The water discharges to a leach field located on the northwest portion of the property. During the follow-up call, Mr. Stitzlein said that the wastewater treatment plant is designed to treat about 5,000 gallons a day. A wastewater flow diagram for the sanitary wastewater treatment plant is included in Attachment C. Sampling Procedure During the follow-up call, Mr. Stitzlein said that Mr. Jackson started sampling the facility's wastewater around 2017. Mr. Jackson said he collects all of the NPDES samples once per month, but that he is onsite several times a week. He waits to collect samples after a storm event if possible, but if a storm event does not occur, he proceeds with collecting all samples as there is always flow coming out of the outfall pipe. Mr. Jackson sends the samples to Masi Laboratories for sample analysis. Copies of lab reports are included in Attachment G. The lab provides Mr. Jackson with pre-preserved sample containers. He said that he sends the pH sample to the lab 5 due to problems with the pH meter. He said that the oil and grease samples are collected in a glass container and that samples are collected from the end of the discharge pipe. Mr. Jackson explained that he estimates the facility's effluent flow rate by summing the facility's impervious surface area and then multiplying that area by the total rainfall for that monitoring period month. He said that this calculation does not include wastewater flows from the water jet cutting table nor the hydrostatic pressure testing vault. Effluent Exceedances During the follow-up call, Mr. Jackson said that the facility received a Resolution of Violation (ROV) from Ohio EPA on February 19, 2021 for its TSS violations, but that he was never able to find out what caused the TSS violations. He said that he wants to investigate the source of TSS and plans to sample the water jet cutting table effluent. Site Inspection Mark Conti and I arrived at the Tricor facility around 9 a.m. on March 17, 2021. Ron Krajcik and Mr. Stitzlein led us on the inspection. Machining and Fabrication Area We started the walk-through in the machining area of the facility's main building. We observed the facility's two water jet cutting tables, as shown in Photo 1 in Attachment A. Mr. Stitzlein explained that the water used for water jet cutting is softened first. The water softener backwash is sent down the floor drain. Each water jet has an Ebbco abrasive removal system for continuously removing spent abrasive (garnet) that collects in the catch tank and returns water to the catch tank in a closed loop. Photos 2 and 3 in Attachment A show the Ebbco reclaimers. Overflow water from the water jet tables flows into a bag filter to capture garnet, while filtrate flows to a floor drain that goes to a vault and then to the outfall. The floor drain is shown in Photo 4 of Attachment A. Mr. Stitzlein said that the reclaimed garnet is stored under sheeting outside. We walked through the remainder of the machining area and inspected the vault where the hydrostatic water tests are performed. The vault is located in the northern part of the facility's main building in the fabrication area. The top of the vault is flush with the ground and is covered with a grate, as shown in Photo 11. The vault was empty during the inspection, as shown in Photo 12. Parking Lots and Outfall We went outside and viewed the rear parking lot, a large and unpaved area that wraps around the eastern side of the building, as shown in Photo 5 of Attachment A. There is a concrete storage area to the west of the parking lot that contained the spent garnet from the water jet cutting tables along with pallets, waste containers and some fabricated metal products. The storage pad is shown in Photo 6 of Attachment A. Just north of the parking lot is a storage building for reclaimed scrap metal. Photo 7 of Attachment A shows the grated catch basin located in the parking lot. The facility's stormwater, water from the water jet cutting tables, hydrostatic test water and groundwater are all diverted to this catch basin and then overflow into the outfall pipe. Just north of the rear parking lot is the rear field, which extends to the back of the property. The 6 field was covered in grass and was empty except for the sanitary wastewater treatment system and the outfall. The outfall pipe leads from the catch basin in the parking lot and discharges to the field in the northern part of the facility's property, as shown in Photo 8 of Attachment A. The discharge water creates a small pool around the pipe's outfall, which appeared cloudy. The pool drains northeast through the field via a small swale towards the woods bordering the facility's property, as shown in Photo 9 of Attachment A. At the edge of the facility's property, a larger ditch begins to form (Photo 10). However, the receiving waters are not visible from Tricor's property. Mr. Stitzlein explained that the discharge water continues into the woods and meets with a gully that is located on private property. Wire Processing On our way to the wire processing area inside the facility, we observed the maintenance area, which contained several 55-gallon drums on wood pallets, as shown in Photos 13 and 14. In the wire cutting area, we observed the wash cycle that consists of the following tanks: a 600-gallon tank of Gardolube VP 10300/2, a 600-gallon tank of Pyrene 1067, a 600-gallon tank of deionized water, a 140-gallon tank of ultrasonic clean with Liquidette, and a final 140-gallon deionized rinse tank. The tanks were located within a secondary containment structure. Spent rinse liquids are pumped into a holding tank located in a separate containment area. In the past, the facility disposed of the spent liquids offsite, but the facility now stores the liquids and allows them to evaporate from two electrically-heated 1,300-gallon holding tanks. The last time the rinse water was disposed of offsite was in 2018. A copy of the manifest is included in Attachment E. Closing Conference After touring the facility, we went back to the conference room for a closing conference to discuss observations and areas of concern noted during the walk through. We left the facility around 12:30 p.m. III. DOCUMENTS PROVIDED BY THE FACILITY 1. Water Flow Diagram 2. Site Map 3. Wire Rinse Liquid Disposal Manifest 4. 2020 Monthly Inspection Reports 5. 2020 Lab Reports IV. AREAS OF CONCERN The following areas of concern were noted during the inspection: 1. Part II.E of the Permit states that Tricor "shall maintain a permanent marker on the stream bank at each outfall that is regulated under this NPDES permit." During the inspection, we noted that a marker was located next to the outfall. However, this location does not coincide with the stream bank. 2. Per 40 CFR 112.1, a Spill Prevention, Control, and Countermeasure (SPCC) Plan is needed if the facility's aggregate aboveground storage capacity of oil is more than 1,320 gallons. 3. The facility has had been in SNC for five out of the past six quarters due to exceedances of the TSS effluent limits in Part I.A.1. of the Permit. Although the facility is not currently in SNC, the facility did not take specific actions to address 7 the effluent exceedances, and the facility is unaware of the cause of the exceedances. 4. Part I.A.1 of the Permit says that a 24-hour total effluent flow rate shall be estimated. During the inspection, Mr. Jackson said that he reports an estimated flow rate of the total discharge for the reporting month. In addition, Mr. Jackson's estimate does not include discharges from the water jet cutting table or the fabrication vault. 5. Part III.5. of the Permit says that "test procedures for the analysis of pollutants shall conform to regulation 40 CFR 136." 40 CFR 136.3(e) states that pH samples shall be analyzed within 15 minutes. Mr. Jackson said that Tricor's pH samples are sent to a lab for analysis and, therefore, do not meet this requirement. 6. Part I.A.1.a. requires that the benchmark parameters be sampled when there is a discharge associated with an ongoing or recent measurable precipitation event. Based on information collected during the inspection, benchmark samples are collected every month, and not necessarily when there is a precipitation event. 7. Benchmark samples for aluminum and nitrate + nitrite have exceeded the benchmark concentrations included in Part V.B.4 of the Permit. Tricor is unaware of what caused the nitrate + nitrite benchmark exceedances and the 2021 aluminum benchmark exceedances. 8. Parts IV.D.1.b and IV.D.2.b of the Permit say that Tricor shall review its control measures if effluent limits or benchmark concentrations are exceeded, respectively. Part IV.D.4 says a report shall be prepared following triggering conditions. Based on information gathered during the inspection, Tricor did not take these steps. 9. Part I.A.1.e. of the Permit says that discharge is limited to stormwater runoff, clean hydrostatic test water, and groundwater from the fabrication sump. Mr. Stitzlein informed us during the inspection that the discharge effluent also contains discharge water from the water jet cutting table. 10. Part IV.G.1 of the Permit requires Tricor to update its SWPPP within 6 months of the effective date of the Permit. Based on information presented during the inspection, it is not clear that the SWPPP was updated. 11. Part V.A.2 of the Permit requires Tricor to prepare an annual report for stormwater discharges and keep the reports with the SWPPP. Annual reports were requested from Tricor but were not provided. 12. Per Part IV.E.1.a. of the Permit, routine facility stormwater inspections are required at least quarterly. The routine inspection reports provided by the facility are general inspection reports that don't indicate that inspections are always performed in all areas exposed to stormwater. 13. Quarterly visual assessments are required per Part IV.E.2.a. of the Permit, and the results are required to be documented per Part IV.E.2.b. of the Permit. Based on the documents provided, it is not certain that these reports have been completed. V. LIST OF ATTACHMENTS A. Inspection Photographs B. NPDES Permit C. Water Flow Diagram 8 D. Site Map E. Wire Rinse Liquid Disposal Manifest F. 2020 Monthly Inspection Reports G. 2020 Lab Reports 9 ATTACHMENT A: INSPECTION PHOTOGRAPHS Photo 1: RIMG0431 Description: Water Jet Cutting Table Location: Fabrication Area in Tricor Metals' Main Building Camera Direction: NA Date: March 17, 2021 Page 1 of 14 Photo 2: RIMG0432 Description: Water Jet Cutting Table Abrasive Removal System Location: Fabrication Area in Tricor Metals' Main Building Camera Direction: NA Date: March 17, 2021 Page 2 of 14 Photo 3: RIMG0433 Description: Water Jet Cutting Table Overflow Filtration System Location: Fabrication Area in Tricor Metals' Main Building Camera Direction: Down Date: March 17, 2021 Page 3 of 14 Photo 4: RIMG0434 Description: Water Jet Cutting Table Filtered Discharge to Floor Drain Location: Fabrication Area in Tricor Metals' Main Building Camera Direction: NA Date: March 17, 2021 Page 4 of 14 Photo 5: RIMG0435 Description: Rear Parking Lot Location: Rear Parking Lot Camera Direction: Northeast Date: March 17, 2021 Page 5 of 14 Photo 6: RIMG0436 Description: Storage Pad Location: Rear Parking Lot Camera Direction: West Date: March 17, 2021 Page 6 of 14 Photo 7: RIMG0437 Description: Rear Parking Lot Catch Basin Location: Rear Parking Lot Camera Direction: Down Date: March 17, 2021 Page 7 of 14 Photo 8: RIMG0438 Description: NPDES Outfall Location: Rear Field Camera Direction: East Date: March 17, 2021 Page 8 of 14 Photo 9: RIMG0439 Description: NPDES Outfall Discharge to Field Location: Rear Field Camera Direction: Northeast Date: March 17, 2021 Page 9 of 14 Photo 10: RIMG0440 Description: Discharge at Edge of Tricor's Property Location: Rear Field Camera Direction: East Date: March 17, 2021 Page 10 of 14 Photo 11: RIMG0441 Description: Grate Covering Hydrostatic Pressure Test Vault Location: Fabrication Area in Tricor Metals' Main Building Camera Direction: NA Date: March 17, 2021 Page 11 of 14 Photo 12: RIMG0442 Description: Bottom of Vault Location: Fabrication Area in Tricor Metals' Main Building Camera Direction: Down Date: March 17, 2021 Page 12 of 14 Photo 13: RIMG0443 Description: Drum Storage Location: Maintenance Area in Tricor Metals' Main Building Camera Direction: NA Date: March 17, 2021 Page 13 of 14 Photo 14: RIMG0444 Description: Chemical Storage Location: Maintenance Area in Tricor Metals' Main Building Camera Direction: NA Date: March 17, 2021 Page 14 of 14 ATTACHMENT B: NPDES PERMIT Application No. OH0107557 Page 1 3IS00117*ED Issue Date: November 8, 2018 Effective Date: December 1, 2018 Expiration Date: November 30, 2023 Ohio Environmental Protection Agency Authorization to Discharge Under the National Pollutant Discharge Elimination System In compliance with the provisions of the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et. seq., hereinafter referred to as the "Act"), and the Ohio Water Pollution Control Act (Ohio Revised Code Section 6111), Tricor Industrial is authorized by the Ohio Environmental Protection Agency, hereinafter referred to as "Ohio EPA," to discharge from Tricor Industrial, located at 3225 West Old Lincoln Way, Wooster Township, Ohio, Wayne County, and discharging to unnamed tributary of the Killbuck Creek, in accordance with the conditions specified in Parts I, II, III, IV, V, and VI of this permit. This permit and the authorization to discharge shall expire at midnight on the expiration date shown above. In order to receive authorization to discharge beyond the above date of expiration, the permittee shall submit such information and forms as are required by the Ohio EPA no later than 180 days prior to the above date of expiration. ___________________ Craig W. Butler Director Total Pages: 47 Part I, A. - FINAL EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS Page 2 3IS00117*ED 1. During the period beginning on the effective date of this permit, and lasting until the permit expiration date, the permittee is authorized to discharge in accordance with the following limitations and monitoring requirements from outfall 3IS00117001. See Part II, OTHER REQUIREMENTS, for locations of effluent sampling. Table - Final Outfall - 001 - Final Effluent Characteristic Parameter Discharge Limitations Concentration Specified Units Loading* kg/day Maximum Minimum Weekly Monthly Daily Weekly Monthly Monitoring Requirements Measuring Frequency Sampling Type Monitoring Months 00056 - Flow Rate - GPD - - - - - - - 1/Month 24hr Total Estimate All 00400 - pH - S.U. 9.0 6.5 - - - - - 1/Month Grab All 00530 - Total Suspended Solids - mg/l 45 - - 30 - - - 1/Month Grab All 00550 - Oil and Grease, Total - mg/l 10 - - - - - - 1/Month Grab All 00610 - Nitrogen, Ammonia (NH3) - mg/l - - - - - - - 1/Quarter Grab Quarterly 00630 - Nitrite Plus Nitrate, Total - mg/l - - - - - - - When Disch. Grab All 01094 - Zinc, Total Recoverable - ug/l - - - - - - - When Disch. Grab All 01104 - Aluminum, Total Recoverable - - - - - - - - When Disch. Grab All ug/l Notes for Station Number 3IS00117001: a. Monitoring for Nitrite Plus Nitrate, Zinc and Aluminum shall occur when there is a discharge associated with an on-going or recent measureable precipitation event. Precipitation monitoring shall be based preferably on measurements at the facility using a rain gauge or, alternatively, from weather station data that best represents weather conditions at the facility and shall be directly associated with the discharge monitoring event caused by the preciptiation event. If a measurable precipitation (or discharge) event does not occur during the entire sampling period, the permittee is required to sample on the last day of the sampling period (or report using the appropriate data substitution code). DMR REPORTS MUST BE SUBMITTED MONTHLY. Page 3 3IS00117*ED b. "When Discharging" Frequency - A minimum of one analysis shall be reported per calendar quarter. For these quarterly monitoring requirements, sampling/reporting may be performed during any month in the quarterly reporting periods of January-March, April-June, July-September, and October-December. c. Data for 24-hour total flow may be estimated if a measuring device is not available. d. Zinc, Aluminum and Nitrite Plus Nitrate Benchmark Monitoring: In lieu of the quarterly sampling requirements noted above for these parameters, the permittee may elect to collect a minimum of one sample during the calendar year provided that: 1. The permittee shall set up a rotating schedule to collect a sample during the following quarterly monitoring periods: January 1 - March 31; April 1 - June 30; July 1 - September 30; and October 1 - December 31. Over the 5-year permit period, a minimum of one sample analysis shall be reported during each of the quarterly monitoring periods. 2. Sampling is performed during a measurable storm (or precipitation) event that results in an actual discharge. e.This outfall is limited to the discharge of stormwater runoff,clean hydrostatic test water, and groundwater from the fabrication sump. f. See Parts IV,V, and VI for additional storm water monitoring requirements, including benchmark concentrations. Part II, OTHER REQUIREMENTS Page 4 3IS00117*ED A. Description of the location of the required sampling stations are as follows: Sampling Station Description of Location ______________________________________________________________ 3IS00117001 . Final effluent, containing stormwater runoff,clean hydrostatic test water, and groundwater from the fabrication sump. . (Lat: 40N 48' 17"; Long: 82W 01 ' 31") . End of pipe discharge located approximately 350 north . of the manufacturing buildings. B. This permit shall be modified, or alternatively, revoked and reissued, to comply with any applicable effluent standard or limitation issued or approved under Sections 301(b)(2)(C) and (D), 304(b)(2), and 307(a)(2) of the Clean Water Act, if the effluent standard or limitation so issued or approved. 1. Contains different conditions or is otherwise more stringent than any effluent limitation in the permit; or 2. Controls any pollutant not limited in the permit. The permit as modified or reissued under this paragraph shall also contain any other requirements of the Act then applicable. C. Water quality based permit limitations in this permit may be revised based on updated wasteload allocations or use designation rules. This permit may be modified, or revoked and reissued, to include new water quality based effluent limits or other conditions that are necessary to comply with a revised wasteload allocation, or an approved total maximum daily loads (TMDL) report as required under Section 303 (d) of the Clean Water Act. D. Grab samples shall be collected at such times and locations, and in such fashion, as to be representative of the facility's performance. E. The permittee shall maintain a permanent marker on the stream bank at each outfall that is regulated under this NPDES permit. If a marker does not currently exist, the permittee shall install one within 4 months of the effective date of this permit. This includes final outfalls, bypasses, and combined sewer overflows. The marker shall consist at a minimum of the name of the establishment to which the permit was issued, the Ohio EPA permit number, and the outfall number and a contact telephone number. The information shall be printed in letters not less than two inches in height. The marker shall be a minimum of 2 feet by 2 feet and shall be a minimum of 3 feet above ground level. Page 5 3IS00117*ED The sign shall be not be obstructed such that persons in boats or persons swimming on the river or someone fishing or walking along the shore cannot read the sign. Vegetation shall be periodically removed to keep the sign visible. If the outfall is normally submerged the sign shall indicate that. If the outfall is a combined sewer outfall, the sign shall indicate that untreated human sewage may be discharged from the outfall during wet weather and that harmful bacteria may be present in the water. When an existing marker is replaced or reset, the new marker shall comply with the requirements of this section. PART III - GENERAL CONDITIONS Page 6 3IS00117*ED 1. DEFINITIONS "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. "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. Each of the following 7-day periods is defined as a calendar week: Week 1 is Days 1 - 7 of the month; Week 2 is Days 8 - 14; Week 3 is Days 15 - 21; and Week 4 is Days 22 - 28. If the "daily discharge" on days 29, 30 or 31 exceeds the "average weekly" discharge limitation, Ohio EPA may elect to evaluate the last 7 days of the month as Week 4 instead of Days 22 - 28. Compliance with fecal coliform bacteria or E coli bacteria limitations shall be determined using 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. Compliance with fecal coliform bacteria or E coli bacteria limitations shall be determined using the geometric mean. "85 percent removal" means the arithmetic mean of the values for effluent samples collected in a period of 30 consecutive days shall not exceed 15 percent of the arithmetic mean of the values for influent samples collected at approximately the same times during the same period. "Absolute Limitations" Compliance with limitations having descriptions of "shall not be less than," "nor greater than," "shall not exceed," "minimum," or "maximum" shall be determined from any single value for effluent samples and/or measurements collected. "Net concentration" shall mean the difference between the concentration of a given substance in a sample taken of the discharge and the concentration of the same substances in a sample taken at the intake which supplies water to the given process. For the purpose of this definition, samples that are taken to determine the net concentration shall always be 24-hour composite samples made up of at least six increments taken at regular intervals throughout the plant day. Part III General Conditions (Con't) Page 7 3IS00117*ED "Net Load" shall mean the difference between the load of a given substance as calculated from a sample taken of the discharge and the load of the same substance in a sample taken at the intake which supplies water to given process. For purposes of this definition, samples that are taken to determine the net loading shall always be 24-hour composite samples made up of at least six increments taken at regular intervals throughout the plant day. "MGD" means million gallons per day. "mg/l" means milligrams per liter. "ug/l" means micrograms per liter. "ng/l" means nanograms per liter. "S.U." means standard pH unit. "kg/day" means kilograms per day. "Reporting Code" is a five digit number used by the Ohio EPA in processing reported data. The reporting code does not imply the type of analysis used nor the sampling techniques employed. "Quarterly (1/Quarter) sampling frequency" means the sampling shall be done in the months of March, June, August, and December, unless specifically identified otherwise in the Effluent Limitations and Monitoring Requirements table. "Yearly (1/Year) sampling frequency" means the sampling shall be done in the month of September, unless specifically identified otherwise in the effluent limitations and monitoring requirements table. "Semi-annual (2/Year) sampling frequency" means the sampling shall be done during the months of June and December, unless specifically identified otherwise. "Winter" shall be considered to be the period from November 1 through April 30. "Bypass" means the intentional diversion of waste streams from any portion of the treatment facility. "Summer" shall be considered to be the period from May 1 through October 31. "Severe property damage" means substantial physical damage to property, damage to the treatment facilities which would cause 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. "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. Part III General Conditions (Con't) Page 8 3IS00117*ED "Sewage sludge" means a solid, semi-solid, or liquid residue generated during the treatment of domestic sewage in a treatment works as defined in section 6111.01 of the Revised Code. "Sewage sludge" includes, but is not limited to, scum or solids removed in primary, secondary, or advanced wastewater treatment processes. "Sewage sludge" does not include ash generated during the firing of sewage sludge in a sewage sludge incinerator, grit and screenings generated during preliminary treatment of domestic sewage in a treatment works, animal manure, residue generated during treatment of animal manure, or domestic septage. "Sewage sludge weight" means the weight of sewage sludge, in dry U.S. tons, including admixtures such as liming materials or bulking agents. Monitoring frequencies for sewage sludge parameters are based on the reported sludge weight generated in a calendar year (use the most recent calendar year data when the NPDES permit is up for renewal). "Sewage sludge fee weight" means the weight of sewage sludge, in dry U.S. tons, excluding admixtures such as liming materials or bulking agents. Annual sewage sludge fees, as per section 3745.11(Y) of the Ohio Revised Code, are based on the reported sludge fee weight for the most recent calendar year. 2. GENERAL EFFLUENT LIMITATIONS The effluent shall, at all times, be free of substances: A. In amounts that will settle to form putrescent, or otherwise objectionable, sludge deposits; or that will adversely affect aquatic life or water fowl; B. Of an oily, greasy, or surface-active nature, and of other floating debris, in amounts that will form noticeable accumulations of scum, foam or sheen; C. In amounts that will alter the natural color or odor of the receiving water to such degree as to create a nuisance; D. In amounts that either singly or in combination with other substances are toxic to human, animal, or aquatic life; E. In amounts that are conducive to the growth of aquatic weeds or algae to the extent that such growths become inimical to more desirable forms of aquatic life, or create conditions that are unsightly, or constitute a nuisance in any other fashion; F. In amounts that will impair designated instream or downstream water uses. 3. FACILITY OPERATION AND QUALITY CONTROL All wastewater treatment works shall be operated in a manner consistent with the following: A. At all times, the permittee shall maintain in good working order and operate as efficiently as possible all treatment or control facilities or systems installed or used by the permittee necessary to achieve compliance with the terms and 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 conditions of the permit. B. The permittee shall effectively monitor the operation and efficiency of treatment and control facilities and the quantity and quality of the treated discharge. C. Maintenance of wastewater treatment works that results in degradation of effluent quality shall be scheduled during non-critical water quality periods and shall be carried out in a manner approved by Ohio EPA as specified in the Paragraph in the PART III entitled, "UNAUTHORIZED DISCHARGES". Part III General Conditions (Con't) Page 9 3IS00117*ED 4. REPORTING A. Monitoring data required by this permit shall be submitted monthly on Ohio EPA 4500 Discharge Monitoring Report (DMR) forms using the electronic DMR (e-DMR) internet application. e-DMR allows permitted facilities to enter, sign, and submit DMRs on the internet. e-DMR information is found on the following web page: http://www.epa.ohio.gov/dsw/edmr/eDMR.aspx Alternatively, if you are unable to use e-DMR due to a demonstrated hardship, monitoring data may be submitted on paper DMR forms provided by Ohio EPA. Monitoring data shall be typed on the forms. Please contact Ohio EPA, Division of Surface Water at (614) 644-2050 if you wish to receive paper DMR forms. B. DMRs shall be signed by a facility's Responsible Official or a Delegated Responsible Official (i.e. a person delegated by the Responsible Official). The Responsible Official of a facility is defined as: 1. For corporations - 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 the manager of one or more manufacturing, production or operating facilities, provided the manager is authorized to make management decisions which govern the operation of the regulated facility including having explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long-term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures; 2. For partnerships - a general partner; 3. For a sole proprietorship - the proprietor; or, 4. For a municipality, state or other public facility - a principal executive officer, a ranking elected official or other duly authorized employee. For e-DMR, the person signing and submitting the DMR will need to obtain an eBusiness Center account and Personal Identification Number (PIN). Additionally, Delegated Responsible Officials must be delegated by the Responsible Official, either on-line using the eBusiness Center's delegation function, or on a paper delegation form provided by Ohio EPA. For more information on the PIN and delegation processes, please view the following web page: http://epa.ohio.gov/dsw/edmr/eDMR.aspx C. DMRs submitted using e-DMR shall be submitted to Ohio EPA by the 20th day of the month following the month-of-interest. DMRs submitted on paper must include the original signed DMR form and shall be mailed to Ohio EPA at the following address so that they are received no later than the 15th day of the month following the month-of-interest: Ohio Environmental Protection Agency Lazarus Government Center Division of Surface Water - PCU P.O. Box 1049 Columbus, Ohio 43216-1049 Part III General Conditions (Con't) Page 10 3IS00117*ED D. If the permittee monitors any pollutant at the location(s) designated herein more frequently than required by this permit, using approved analytical methods as specified in Section 5. SAMPLING AND ANALYTICAL METHODS, the results of such monitoring shall be included in the calculation and reporting of the values required in the reports specified above. E. Analyses of pollutants not required by this permit, except as noted in the preceding paragraph, shall not be reported to the Ohio EPA, but records shall be retained as specified in Section 7. RECORDS RETENTION. 5. SAMPLING AND ANALYTICAL METHOD Samples and measurements taken as required herein shall be representative of the volume and nature of the monitored flow. Test procedures for the analysis of pollutants shall conform to regulation 40 CFR 136, "Test Procedures For The Analysis of Pollutants" unless other test procedures have been specified in this permit. The permittee shall periodically calibrate and perform maintenance procedures on all monitoring and analytical instrumentation at intervals to insure accuracy of measurements. 6. RECORDING OF RESULTS For each measurement or sample taken pursuant to the requirements of this permit, the permittee shall record the following information: A. The exact place and date of sampling; (time of sampling not required on EPA 4500) B. The person(s) who performed the sampling or measurements; C. The date the analyses were performed on those samples; D. The person(s) who performed the analyses; E. The analytical techniques or methods used; and F. The results of all analyses and measurements. 7. RECORDS RETENTION The permittee shall retain all of the following records for the wastewater treatment works for a minimum of three years except those records that pertain to sewage sludge disposal, use, storage, or treatment, which shall be kept for a minimum of five years, including: A. All sampling and analytical records (including internal sampling data not reported); B. All original recordings for any continuous monitoring instrumentation; C. All instrumentation, calibration and maintenance records; D. All plant operation and maintenance records; E. All reports required by this permit; and F. Records of all data used to complete the application for this permit for a period of at least three years, or five years for sewage sludge, from the date of the sample, measurement, report, or application. These periods will be extended during the course of any unresolved litigation, or when requested by the Regional Administrator or the Ohio EPA. The three year period, or five year period for sewage sludge, for retention of records shall start from the date of sample, measurement, report, or application. Part III General Conditions (Con't) Page 11 3IS00117*ED 8. AVAILABILITY OF REPORTS Except for data determined by the Ohio EPA to be entitled to confidential status, all reports prepared in accordance with the terms of this permit shall be available for public inspection at the appropriate district offices of the Ohio EPA. Both the Clean Water Act and Section 6111.05 Ohio Revised Code state that effluent data and receiving water quality data shall not be considered confidential. 9. DUTY TO PROVIDE INFORMATION The permittee shall furnish to the Director, within a reasonable time, any information which the Director may request to determine whether cause exists for modifying, revoking, and reissuing, or terminating the permit, or to determine compliance with this permit. The permittee shall also furnish to the Director, upon request, copies of records required to be kept by this permit. 10. RIGHT OF ENTRY The permittee shall allow the Director or an authorized representative 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 the permit. C. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit. 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. Part III General Conditions (Con't) Page 12 3IS00117*ED 11. UNAUTHORIZED DISCHARGES 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 provisions of paragraphs 11.B and 11.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 submit notice of an unanticipated bypass as required in paragraph 12.B (24 hour notice). C. Prohibition of Bypass 1. Bypass is prohibited, and the 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 as required under paragraph 11.B. 2. The Director may approve an anticipated bypass, after considering its adverse effects, if the Director determines that it will meet the three conditions listed above in paragraph 11.C.1. 12. NONCOMPLIANCE NOTIFICATION A. Exceedance of a Daily Maximum Discharge Limit 1. The permittee shall report noncompliance that is the result of any violation of a daily maximum discharge limit for any of the pollutants listed by the Director in the permit by e-mail or telephone within twenty-four (24) hours of discovery. The permittee may report to the appropriate Ohio EPA district office e-mail account as follows (this method is preferred): Southeast District Office: Southwest District Office: Northwest District Office: Northeast District Office: Central District Office: Central Office: sedo24hournpdes@epa.state.oh.us swdo24hournpdes@epa.state.oh.us nwdo24hournpdes@epa.state.oh.us nedo24hournpdes@epa.state.oh.us cdo24hournpdes@epa.state.oh.us co24hournpdes@epa.state.oh.us The permittee shall attach a noncompliance report to the e-mail. A noncompliance report form is available on the following web site under the Monitoring and Reporting - Non-Compliance Notification section: http://epa.ohio.gov/dsw/permits/individuals.aspx Part III General Conditions (Con't) Page 13 3IS00117*ED Or, the permittee may report to the appropriate Ohio EPA district office by telephone toll-free between 8:00 AM and 5:00 PM as follows: Southeast District Office: (800) 686-7330 Southwest District Office: (800) 686-8930 Northwest District Office: (800) 686-6930 Northeast District Office: (800) 686-6330 Central District Office: (800) 686-2330 Central Office: (614) 644-2001 The permittee shall include the following information in the telephone noncompliance report: a. The name of the permittee, and a contact name and telephone number; b. The limit(s) that has been exceeded; c. The extent of the exceedance(s); d. The cause of the exceedance(s); e. The period of the exceedance(s) including exact dates and times; f. If uncorrected, the anticipated time the exceedance(s) is expected to continue; and, g. Steps taken to reduce, eliminate or prevent occurrence of the exceedance(s). B. Other Permit Violations 1. The permittee shall report noncompliance that is the result of any unanticipated bypass resulting in an exceedance of any effluent limit in the permit or any upset resulting in an exceedance of any effluent limit in the permit by e-mail or telephone within twenty-four (24) hours of discovery. The permittee may report to the appropriate Ohio EPA district office e-mail account as follows (this method is preferred): Southeast District Office: sedo24hournpdes@epa.state.oh.us Southwest District Office: swdo24hournpdes@epa.state.oh.us Northwest District Office: nwdo24hournpdes@epa.state.oh.us Northeast District Office: nedo24hournpdes@epa.state.oh.us Central District Office: cdo24hournpdes@epa.state.oh.us Central Office: co24hournpdes@epa.state.oh.us The permittee shall attach a noncompliance report to the e-mail. A noncompliance report form is available on the following web site: http://www.epa.ohio.gov/dsw/permits/permits.aspx Or, the permittee may report to the appropriate Ohio EPA district office by telephone toll-free between 8:00 AM and 5:00 PM as follows: Southeast District Office: Southwest District Office: Northwest District Office: Northeast District Office: Central District Office: Central Office: (800) 686-7330 (800) 686-8930 (800) 686-6930 (800) 686-6330 (800) 686-2330 (614) 644-2001 Part III General Conditions (Con't) Page 14 3IS00117*ED The permittee shall include the following information in the telephone noncompliance report: a. The name of the permittee, and a contact name and telephone number; b. The time(s) at which the discharge occurred, and was discovered; c. The approximate amount and the characteristics of the discharge; d. The stream(s) affected by the discharge; e. The circumstances which created the discharge; f. The name and telephone number of the person(s) who have knowledge of these circumstances; g. What remedial steps are being taken; and, h. The name and telephone number of the person(s) responsible for such remedial steps. 2. The permittee shall report noncompliance that is the result of any spill or discharge which may endanger human health or the environment within thirty (30) minutes of discovery by calling the 24-Hour Emergency Hotline toll-free at (800) 282-9378. The permittee shall also report the spill or discharge by e-mail or telephone within twenty-four (24) hours of discovery in accordance with B.1 above. C. When the telephone option is used for the noncompliance reports required by A and B, the permittee shall submit to the appropriate Ohio EPA district office a confirmation letter and a completed noncompliance report within five (5) days of the discovery of the noncompliance. This follow up report is not necessary for the e-mail option which already includes a completed noncompliance report. D. If the permittee is unable to meet any date for achieving an event, as specified in a schedule of compliance in their permit, the permittee shall submit a written report to the appropriate Ohio EPA district office within fourteen (14) days of becoming aware of such a situation. The report shall include the following: 1. The compliance event which has been or will be violated; 2. The cause of the violation; 3. The remedial action being taken; 4. The probable date by which compliance will occur; and, 5. The probability of complying with subsequent and final events as scheduled. E. The permittee shall report all other instances of permit noncompliance not reported under paragraphs A or B of this section on their monthly DMR submission. The DMR shall contain comments that include the information listed in paragraphs A or B as appropriate. F. If the permittee becomes aware that it failed to submit an application, or submitted incorrect information in an application or in any report to the director, it shall promptly submit such facts or information. 13. RESERVED 14. DUTY TO MITIGATE The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment. Part III General Conditions (Con't) Page 15 3IS00117*ED 15. AUTHORIZED DISCHARGES All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than, or at a level in excess of, that authorized by this permit shall constitute a violation of the terms and conditions of this permit. Such violations may result in the imposition of civil and/or criminal penalties as provided for in Section 309 of the Act and Ohio Revised Code Sections 6111.09 and 6111.99. 16. DISCHARGE CHANGES The following changes must be reported to the appropriate Ohio EPA district office as soon as practicable: A. For all treatment works, any significant change in character of the discharge which the permittee knows or has reason to believe has occurred or will occur which would constitute cause for modification or revocation and reissuance. The permittee shall give advance notice to the Director of any planned changes in the permitted facility or activity which may result in noncompliance with permit requirements. Notification of permit changes or anticipated noncompliance does not stay any permit condition. B. For publicly owned treatment works: 1. Any proposed plant modification, addition, and/or expansion that will change the capacity or efficiency of the plant; 2. The addition of any new significant industrial discharge; and 3. Changes in the quantity or quality of the wastes from existing tributary industrial discharges which will result in significant new or increased discharges of pollutants. C. For non-publicly owned treatment works, any proposed facility expansions, production increases, or process modifications, which will result in new, different, or increased discharges of pollutants. Following this notice, modifications to the permit may be made to reflect any necessary changes in permit conditions, including any necessary effluent limitations for any pollutants not identified and limited herein. A determination will also be made as to whether a National Environmental Policy Act (NEPA) review will be required. Sections 6111.44 and 6111.45, Ohio Revised Code, require that plans for treatment works or improvements to such works be approved by the Director of the Ohio EPA prior to initiation of construction. D. In addition to the reporting requirements under 40 CFR 122.41(l) and per 40 CFR 122.42(a), all existing manufacturing, commercial, mining, and silvicultural dischargers must notify the Director as soon as they know or have reason to believe: 1. 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 "notification levels" specified in 40 CFR Sections 122.42(a)(1)(i) through 122.42(a)(1)(iv). 2. 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 "notification levels" specified in 122.42(a)(2)(i) through 122.42(a)(2)(iv). 17. TOXIC POLLUTANTS The permittee shall comply with effluent standards or prohibitions established under Section 307 (a) of the Clean Water Act 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. Following establishment of such standards or prohibitions, the Director shall modify this permit and so notify the permittee. Part III General Conditions (Con't) Page 16 3IS00117*ED 18. PERMIT MODIFICATION OR REVOCATION A. After notice and opportunity for a hearing, this permit may be modified or revoked, by the Ohio EPA, in whole or in part during its term for cause including, but not limited to, the following: 1. Violation of any terms or conditions of this permit; 2. Obtaining this permit by misrepresentation or failure to disclose fully all relevant facts; or 3. Change in any condition that requires either a temporary or permanent reduction or elimination of the permitted discharge. B. Pursuant to rule 3745-33-04, Ohio Administrative Code, the permittee may at any time apply to the Ohio EPA for modification of any part of this permit. The filing of a request by the permittee for a permit modification or revocation does not stay any permit condition. The application for modification should be received by the appropriate Ohio EPA district office at least ninety days before the date on which it is desired that the modification become effective. The application shall be made only on forms approved by the Ohio EPA. 19. TRANSFER OF OWNERSHIP OR CONTROL This permit may be transferred or assigned and a new owner or successor can be authorized to discharge from this facility, provided the following requirements are met: A. The permittee shall notify the succeeding owner or successor of the existence of this permit by a letter, a copy of which shall be forwarded to the appropriate Ohio EPA district office. The copy of that letter will serve as the permittee's notice to the Director of the proposed transfer. The copy of that letter shall be received by the appropriate Ohio EPA district office sixty (60) days prior to the proposed date of transfer; B. A written agreement containing a specific date for transfer of permit responsibility and coverage between the current and new permittee (including acknowledgement that the existing permittee is liable for violations up to that date, and that the new permittee is liable for violations from that date on) shall be submitted to the appropriate Ohio EPA district office within sixty days after receipt by the district office of the copy of the letter from the permittee to the succeeding owner; At anytime during the sixty (60) day period between notification of the proposed transfer and the effective date of the transfer, the Director may prevent the transfer if he concludes that such transfer will jeopardize compliance with the terms and conditions of the permit. If the Director does not prevent transfer, he will modify the permit to reflect the new owner. 20. 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 Clean Water Act. 21. SOLIDS DISPOSAL Collected grit and screenings, and other solids other than sewage sludge, shall be disposed of in such a manner as to prevent entry of those wastes into waters of the state, and in accordance with all applicable laws and rules. 22. CONSTRUCTION AFFECTING NAVIGABLE WATERS This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. Part III General Conditions (Con't) Page 17 3IS00117*ED 23. CIVIL AND CRIMINAL LIABILITY Except as exempted in the permit conditions on UNAUTHORIZED DISCHARGES or UPSETS, nothing in this permit shall be construed to relieve the permittee from civil or criminal penalties for noncompliance. 24. STATE LAWS AND REGULATIONS 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 Clean Water Act. 25. PROPERTY RIGHTS The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of federal, state, or local laws or regulations. 26. UPSET The provisions of 40 CFR Section 122.41(n), relating to "Upset," are specifically incorporated herein by reference in their entirety. For definition of "upset," see Part III, Paragraph 1, DEFINITIONS. 27. 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. 28. SIGNATORY REQUIREMENTS All applications submitted to the Director shall be signed and certified in accordance with the requirements of 40 CFR 122.22. All reports submitted to the Director shall be signed and certified in accordance with the requirements of 40 CFR Section 122.22. 29. OTHER INFORMATION A. 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 Director, it shall promptly submit such facts or information. B. ORC 6111.99 provides that any person who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $25,000 per violation. C. ORC 6111.99 states that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $25,000 per violation. D. ORC 6111.99 provides that any person who violates Sections 6111.04, 6111.042, 6111.05, or division (A) of Section 6111.07 of the Revised Code shall be fined not more than $25,000 or imprisoned not more than one year, or both. Part III General Conditions (Con't) Page 18 3IS00117*ED 30. NEED TO HALT OR REDUCE ACTIVITY 40 CFR 122.41(c) states that 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 conditions of this permit. 31. APPLICABLE FEDERAL RULES All references to 40 CFR in this permit mean the version of 40 CFR which is effective as of the effective date of this permit. 32. AVAILABILITY OF PUBLIC SEWERS Not withstanding the issuance or non-issuance of an NPDES permit to a semi-public disposal system, whenever the sewage system of a publicly owned treatment works becomes available and accessible, the permittee operating any semi-public disposal system shall abandon the semi-public disposal system and connect it into the publicly owned treatment works. Page 19 3IS00117*ED Part IV. Storm Water Control Measures and Pollution Prevention Programs In Part IV and in Part VI, the term "minimize" means reduce and/or eliminate to the extent achievable using control measures (including best management practices) that are technologically available and economically practicable and achievable in light of best industry practice. A. Control Measures. You shall select, design, install, and implement control measures (including best management practices) to address the selection and design considerations in Part IV.B, and meet the control measures/best management practices in Part IV.C and any applicable numeric effluent limits in Part I. The selection, design, installation, and implementation of these control measures shall be in accordance with good engineering practices and manufacturer's specifications. Note that you may deviate from such manufacturer's specifications where you provide justification for such deviation and include documentation of your rationale in the part of your SWPPP that describes your control measures, consistent with Part IV.J.3. If you find that your control measures are not achieving their intended effect of minimizing pollutant discharges, you shall modify these control measures as expeditiously as practicable. Regulated storm water discharges from your facility include storm water run-on that commingles with storm water discharges associated with industrial activity at your facility. B. Control Measure Selection and Design Considerations. You shall consider the following when selecting and designing control measures: 1. Preventing storm water from coming into contact with polluting materials is generally more effective, and less costly, than trying to remove pollutants from storm water; 2. Using control measures in combination is more effective than using control measures in isolation for minimizing pollutants in your storm water discharge; 3. Assessing the type and quantity of pollutants, including their potential to impact receiving water quality, is critical to designing effective control measures that will achieve the limits in this permit; 4. Minimizing impervious areas at your facility and infiltrating runoff onsite (including bioretention cells, green roofs, and pervious pavement, among other approaches) can reduce runoff and improve groundwater recharge and stream base flows in local streams, although care shall be taken to avoid ground water contamination; 5. Attenuating flow using open vegetated swales and natural depressions can reduce in-stream impacts of erosive flows; 6. Conserving and/or restoring of riparian buffers will help protect streams from storm water runoff and improve water quality; and 7. Using treatment interceptors (e.g., swirl separators and sand filters) may be appropriate in some instances to minimize the discharge of pollutants. Page 20 3IS00117*ED C. Control Measures/Best Management Practices (BMPs) 1. Minimize Exposure. You shall minimize the exposure of manufacturing, processing, and material storage areas (including loading and unloading, storage, disposal, cleaning, maintenance, and fueling operations) to rain, snow, snowmelt, and runoff by either locating these industrial materials and activities inside or protecting them with storm resistant coverings (although significant enlargement of impervious surface area is not recommended). In minimizing exposure, you should pay particular attention to the following: a. Use grading, berming, or curbing to prevent runoff of contaminated flows and divert run-on away from these areas; b. Locate materials, equipment, and activities so that leaks are contained in existing containment and diversion systems (confine the storage of leaky or leak-prone vehicles and equipment awaiting maintenance to protected areas); c. Clean up spills and leaks promptly using dry methods (e.g., absorbents) to prevent the discharge of pollutants; d. Use drip pans and absorbents under or around leaky vehicles and equipment or store indoors where feasible; e. Use spill/overflow protection equipment; f. Drain fluids from equipment and vehicles prior to on-site storage or disposal; g. Perform all cleaning operations indoors, under cover, or in bermed areas that prevent runoff and run-on and also that capture any overspray; and h. Ensure that all washwater drains to a proper collection system (i.e., not the storm water drainage system). The discharge of vehicle and equipment washwater, including tank cleaning operations, is not authorized by this permit. 2. Good Housekeeping. You shall keep clean all exposed areas that are potential sources of pollutants, using such measures as sweeping at regular intervals, keeping materials orderly and labeled, and storing materials in appropriate containers. 3. Maintenance. You shall regularly inspect, test, maintain, and repair all industrial equipment and systems to avoid situations that may result in leaks, spills, and other releases of pollutants in storm water discharged to receiving waters. You shall maintain all control measures that are used to achieve the control measures/best management practices (BMPs) required by this permit in effective operating condition. Nonstructural control measures shall also be diligently maintained (e.g., spill response supplies available, personnel appropriately trained). If you find that your Page 21 3IS00117*ED control measures need to be replaced or repaired, you shall make the necessary repairs or modifications as expeditiously as practicable. 4. Spill Prevention and Response Procedures. You shall minimize the potential for leaks, spills and other releases that may be exposed to storm water and develop plans for effective response to such spills if or when they occur. At a minimum, you shall implement: a. Procedures for plainly labeling containers (e.g., "Used Oil," "Spent Solvents," "Fertilizers and Pesticides," etc.) that could be susceptible to spillage or leakage to encourage proper handling and facilitate rapid response if spills or leaks occur; b. Preventative measures such as barriers between material storage and traffic areas, secondary containment provisions, and procedures for material storage and handling; c. Procedures for expeditiously stopping, containing, and cleaning up leaks, spills, and other releases. Employees who may cause, detect, or respond to a spill or leak shall be trained in these procedures and have necessary spill response equipment available. If possible, one of these individuals should be a member of your storm water pollution prevention team (Part IV.J.1); and d. Where a leak, spill or other release containing a hazardous substance or oil in an amount equal to or in excess of a reportable quantity established under either 40 CFR Part 110, 40 CFR Part 117, or 40 CFR Part 302, occurs during a 24-hour period, you shall notify the Ohio EPA in accordance with the requirements of Part III Item 12 of this permit. 5. Erosion and Sediment Controls. You shall stabilize exposed areas and contain runoff using structural and/or non-structural control measures to minimize onsite erosion and sedimentation, and the resulting discharge of pollutants. Among other actions you shall take to meet this limit, you shall place flow velocity dissipation devices at discharge locations and within outfall channels where necessary to reduce erosion and/or settle out pollutants. In selecting, designing, installing, and implementing appropriate control measures, you are encouraged to consult with the Ohio Department of Natural Resources (ODNR) Division of Soil and Water Conservation's Rainwater and Land Development manual (http://epa.ohio.gov/dsw/storm/technical_guidance.aspx), U.S. EPA's internet-based resources relating to BMPs for erosion and sedimentation, including the sector-specific Industrial Storm Water Fact Sheet Series, (www.epa.gov/npdes/stormwater/msgp), National Menu of Storm Water BMPs (www.epa.gov/npdes/stormwater/menuofbmps), and National Management Measures to Control Nonpoint Source Pollution from Urban Areas (www.epa.gov/owow/nps/urbanmm/index.html). 6. Management of Runoff. You shall divert, infiltrate, reuse, contain, or otherwise reduce storm water runoff, to minimize pollutants in your discharges. In selecting, designing, installing, and implementing appropriate control measures, you are encouraged to consult with the Ohio Department of Natural Resources (ODNR) Division of Soil and Water Conservation's Rainwater and Land Development manual (http://epa.ohio.gov/dsw/storm/technical_guidance.aspx), U.S. EPA's internet-based resources relating to runoff management, including the sector-specific Page 22 3IS00117*ED Industrial Storm Water Fact Sheet Series, (www.epa.gov/npdes/stormwater/msgp), National Menu of Storm Water BMPs (www.epa.gov/npdes/stormwater/menuofbmps), and National Management Measures to Control Nonpoint Source Pollution from Urban Areas (www.epa.gov/owow/nps/urbanmm/index.html). 7. Salt Storage Piles or Piles Containing Salt. You shall enclose or cover storage piles of salt, or piles containing salt, used for deicing or other commercial or industrial purposes, including maintenance of paved surfaces. You shall implement appropriate measures (e.g., good housekeeping, diversions, containment) to minimize exposure resulting from adding to or removing materials from the pile. 8. Sector Specific Control Measures/Best Management Practices (BMPs). You shall achieve any additional control measures/best management practices (BMPs) stipulated in the relevant sectorspecific section(s) of Part IV.K. of this permit. 9. Employee Training. You shall train all employees who work in areas where industrial materials or activities are exposed to storm water, or who are responsible for implementing activities necessary to meet the conditions of this permit (e.g., inspectors, maintenance personnel), including all members of your Pollution Prevention Team. Training shall cover both the specific control measures used to achieve the conditions in this Part, and monitoring, inspection, planning, reporting, and documentation requirements in other parts of this permit. Ohio EPA requires that training be conducted at least annually (or more often if employee turnover is high). 10. Non-Storm Water Discharges. You shall eliminate non-storm water discharges not authorized in Part I and Part II of this NPDES permit. The following are additional non-storm water discharges authorized under this permit: a. Discharges from fire-fighting activities (not planned exercises); b. Fire hydrant flushings; c. Potable water, including water line flushings; d. Uncontaminated condensate from air conditioners, coolers/chillers, and other compressors and from the outside storage of refrigerated gases or liquids; e. Irrigation drainage; f. Landscape watering provided all pesticides, herbicides, and fertilizer have been applied in accordance with the approved labeling; g. Pavement wash waters where no detergents or hazardous cleaning products are used (e.g., bleach, hydrofluoric acid, muriatic acid, sodium hydroxide, nonylphenols, etc.), and the wash waters do not come into contact with oil and grease deposits, sources of pollutants associated with industrial activities (see Part IV.J.2), or any other toxic or hazardous materials, unless residues are first cleaned up using dry clean-up methods (e.g., applying absorbent materials Page 23 3IS00117*ED and sweeping, using hydrophobic mops/rags) and you have implemented appropriate control measures to minimize discharges of mobilized solids and other pollutants (e.g., filtration, detention, settlement); h. Routine external building washdown/power wash water that does not use detergents or hazardous cleaning products (e.g., those containing bleach, hydrofluoric acid, muriatic acid, sodium hydroxide, nonylphenols, etc.); i. Uncontaminated ground water or spring water; j. Foundation or footing drains where flows are not contaminated with process materials; and k. Incidental windblown mist from cooling towers that collect on rooftops or adjacent portions of your facility, but not intentional discharges from the cooling tower (e.g., "piped" cooling tower blowdowns or drains). 11. Waste, Garbage and Floatable Debris. You shall ensure that waste, garbage, and floatable debris are not discharged to receiving waters by keeping exposed areas free of such materials or by intercepting them before they are discharged. 12. Dust Generation and Vehicle Tracking of Industrial Materials. You shall minimize generation of dust and off-site tracking of raw, final, or waste materials. D. Corrective Actions 1. Conditions Requiring Review and Revision to Eliminate Problem. If any of the following conditions occur, you shall review and revise the selection, design, installation, and implementation of your control measures to ensure that the condition is eliminated and will not be repeated in the future: a. An unauthorized release or discharge (e.g., spill, leak, or discharge of non-storm water not authorized by this or another NPDES permit) occurs at your facility; b. A discharge violates a numeric effluent limit; c. You become aware, or Ohio EPA determines, that your control measures are not stringent enough for the discharge to meet applicable water quality standards; d. An inspection or evaluation of your facility by an Ohio EPA official or local MS4 operator determines that modifications to the control measures are necessary to meet the control measures/best management practices (BMPs) in this permit; or e. You find in your routine facility inspection or quarterly visual assessment that your control measures are not being properly operated and maintained. Page 24 3IS00117*ED 2. Conditions Requiring Review to Determine if Modifications Are Necessary. If any of the following conditions occur, you shall review the selection, design, installation, and implementation of your control measures to determine if modifications are necessary to meet the Part IV.A conditions in this permit: a. Construction or a change in design, operation, or maintenance at your facility significantly changes the nature of pollutants discharged in storm water from your facility, or significantly increases the quantity of pollutants discharged; or b. Sampling results exceeds an applicable benchmark. 3. Corrective Action Deadlines. You shall document your discovery of any of the conditions listed in Part IV.D.1 and Part IV.D.2 within 24 hours of making such discovery. Subsequently, within 30 days of such discovery, you shall document any corrective action(s) to be taken to eliminate or further investigate the deficiency, or if no corrective action is needed, the basis for that determination. Specific documentation required within 24 hours and 30 days is detailed in Part IV.D.4. If you determine that changes are necessary following your review, any modifications to your control measures shall be made before the next storm event if possible, or as soon as practicable following that storm event. These time intervals are not grace periods, but are schedules considered reasonable for documenting your findings and for making repairs and improvements. They are included in this permit to ensure that the conditions prompting the need for these repairs and improvements are not allowed to persist indefinitely. 4. Corrective Action Report. Within 24 hours of discovery of any condition listed in Part IV.D.1 and Part IV.D.2, you shall document the following information (i.e., question 4 of the Corrective Actions section in the Annual Reporting Form, available at http://www.epa.state.oh.us/portals/35/permits/IndustrialStormWater_Final_GP_AppI_dec11.pdf): Identification of the condition triggering the need for corrective action review; Description of the problem identified; and Date the problem was identified. Within 30 days of discovery of any condition listed in Part IV.D.1 and Part IV.D.2, you shall document the following information (i.e., questions 7-11 of the Corrective Actions section in the Annual Reporting Form): Summary of corrective action taken or to be taken (or, for triggering events identified in Part IV.D.2 where you determine that corrective action is not necessary, the basis for this determination); Notice of whether SWPPP modifications are required as a result of this discovery or corrective action; Page 25 3IS00117*ED Date corrective action initiated; and Date corrective action completed or expected to be completed. You shall include this documentation in an annual report as required in Part V. A.2 and retain onsite with your SWPPP. 5. Effect of Corrective Action. If the event triggering the review is a permit violation (e.g., noncompliance with an effluent limit), correcting it does not remove the original violation. Additionally, failing to take corrective action in accordance with this section is an additional permit violation. Ohio EPA will consider the appropriateness and promptness of corrective action in determining enforcement responses to permit violations. 6. Substantially Identical Outfalls. If the event triggering corrective action is linked to an outfall that represents other substantially identical outfalls, your review shall assess the need for corrective action for each outfall represented by the outfall that triggered the review. Any necessary changes to control measures that affect these other outfalls shall also be made before the next storm event if possible, or as soon as practicable following that storm event. E. Inspections Beginning on the effective date of this permit, you shall conduct the inspections in Part IV.E.1 and Part IV.E.2 at your facility. 1. Routine Facility Inspections. a. Conduct routine facility inspections of all areas of the facility where industrial materials or activities are exposed to storm water, and of all storm water control measures used to comply with Part IV. Items A-C conditions contained in this permit. Routine facility inspections shall be conducted at least quarterly (i.e., once each calendar quarter) although in many instances, more frequent inspection (e.g., monthly) may be appropriate for some types of equipment, processes, and control measures or areas of the facility with significant activities and materials exposed to storm water. Perform these inspections during periods when the facility is in operation. You shall specify the relevant inspection schedules in your SWPPP document as required in Part IV. Items A-C. These routine inspections shall be performed by qualified personnel (for definition see VI - Definitions) with at least one member of your storm water pollution prevention team participating. At least once each calendar year, the routine facility inspection shall be conducted during a period when a storm water discharge is occurring. You shall document the findings of each routine facility inspection performed and maintain this documentation onsite with your SWPPP. You are not required to submit your routine facility inspection findings to Ohio EPA, unless specifically requested to do so. At a minimum, your documentation of each routine facility inspection shall include: i. The inspection date and time; Page 26 3IS00117*ED ii. The name(s) and signature(s) of the inspector(s); iii. Weather information and a description of any discharges occurring at the time of the inspection; iv. Any previously unidentified discharges of pollutants from the site; v. Any control measures needing maintenance or repairs; vi. Any failed control measures that need replacement; vii. Any incidents of noncompliance observed; and viii. Any additional control measures needed to comply with the permit requirements. Any corrective action required as a result of a routine facility inspection shall be performed consistent with Part IV.D of this permit. b. Exceptions to Routine Facility Inspections: Inactive and Unstaffed Sites: The requirement to conduct routine facility inspections on a quarterly basis does not apply at a facility that is inactive and unstaffed, as long as there are no industrial materials or activities exposed to storm water. Such a facility is only required to conduct an annual site inspection in accordance with the requirements of Part IV.E.1. To invoke this exception, you shall maintain a statement in your SWPPP pursuant to Part IV.F indicating that the site is inactive and unstaffed, and that there are no industrial materials or activities exposed to precipitation, in accordance with the substantive requirements in 40 CFR 122.26(g)(4)(iii). The statement shall be signed and certified in accordance with Appendix B, Subsection 11. If circumstances change and industrial materials or activities become exposed to storm water or your facility becomes active and/or staffed, this exception no longer applies and you shall immediately resume quarterly facility inspections. If you are not qualified for this exception at the time you are authorized under this permit, but during the permit term you become qualified because your facility is inactive and unstaffed, and there are no industrial materials or activities that are exposed to storm water, then you shall include the same signed and certified statement as above and retain it with your records pursuant to Part IV.J.5. Inactive and unstaffed facilities covered under Sectors D (Asphalt Paving and Roofing Materials and Lubricant Manufacturing), E (Glass, Clay, Cement, Concrete, and Gypsum Products) and J (Non-Metallic Mineral Mining and Dressing), are not required to meet the "no industrial materials or activities exposed to storm water" standard to be eligible for this exception from routine inspections, consistent with the requirements established in relevant sector requirements. Ohio EPA's Encouraging Environmental Excellence (E3) Program: If your facility has been recognized under the Gold and Platinum levels by Ohio EPA's Encouraging Environmental Excellence (E3) Program, you only need to conduct routine facility inspections for two quarters Page 27 3IS00117*ED each year. If Part IV.K of this permit requires your facility to conduct routine facility inspections on a monthly basis, you only need to conduct routine facility inspections on a quarterly basis. 2. Quarterly Visual Assessment of Storm Water Discharges. a. Quarterly Visual Assessment Procedures Once each calendar quarter for the entire permit term you shall collect a storm water sample from Outfall 3IS00117001 and conduct a visual assessment of each of these samples. These samples are not required to be collected consistent with 40 CFR Part 136 procedures but should be collected in such a manner that the samples are representative of the storm water discharge. The visual assessment shall be made: Of a sample in a clean, clear glass, or plastic container, and examined in a well-lit area; On samples collected within the first 30 minutes of an actual discharge from a storm event. If it is not possible to collect the sample within the first 30 minutes of discharge, the sample shall be collected as soon as practicable after the first 30 minutes and you shall document why it was not possible to take samples within the first 30 minutes. In the case of snowmelt, samples shall be taken during a period with a measurable discharge from your site; and For storm events, on discharges that occur at least 72 hours (3 days) from the previous discharge. The 72-hour (3-day) storm interval does not apply if you document that less than a 72-hour (3-day) interval is representative for local storm events during the sampling period. If it is not possible to collect the sample on discharges that occur at least 72 hours (3 days) from the previous discharge, the sample shall be collected as close to this storm interval as practicable and you shall document why it was not possible to take samples from a 72 hour (3 day) storm interval. Areas Subject to Snow: In areas subject to snow, at least one quarterly visual assessment shall capture snowmelt discharge. For the following water quality characteristics: color, odor, clarity, floating solids, settled solids, suspended solids, foam, oil sheen, and other obvious indicators of storm water pollution. b. Quarterly Visual Assessment Documentation You shall document the results of your visual assessments and maintain this documentation onsite with your SWPPP. You are not required to submit your visual assessment findings to Ohio EPA, unless specifically requested to do so. At a minimum, your documentation of the visual assessment shall include: Sample location(s); Page 28 3IS00117*ED Sample collection date and time, and visual assessment date and time for each sample; Personnel collecting the sample and performing visual assessment, and their signatures; Nature of the discharge (i.e., runoff or snowmelt); Results of observations of the storm water discharge; Probable sources of any observed storm water contamination; and If applicable, why it was not possible to take samples within the first 30 minutes and/or from a 72 hour (3 day) storm interval. Any corrective action required as a result of a quarterly visual assessment shall be performed consistent with Part IV.D of this permit. c. Exceptions to Quarterly Visual Assessments The following are exceptions to quarterly visual assessments: Adverse Weather Conditions: When adverse weather conditions prevent the collection of samples during the quarter, you shall take a substitute sample during the next qualifying storm event. Documentation of the rationale for no visual assessment for the quarter shall be included with your SWPPP records. Adverse conditions are those that are dangerous or create inaccessibility for personnel, such as local flooding, high winds, or electrical storms, or situations that otherwise make sampling impractical, such as drought or extended frozen conditions. Inactive and unstaffed sites: The requirement for a quarterly visual assessment does not apply at a facility that is inactive and unstaffed, as long as there are no industrial materials or activities exposed to storm water. To invoke this exception, you shall maintain a statement in your SWPPP indicating that the site is inactive and unstaffed, and that there are no industrial materials or activities exposed to precipitation, in accordance with the substantive requirements in 40 CFR 122.26(g)(4)(iii). The statement shall be signed and certified in accordance with Part III.28 of this permit. If circumstances change and industrial materials or activities become exposed to storm water or your facility becomes active and/or staffed, this exception no longer applies and you shall immediately resume quarterly visual assessments. If you are not qualified for this exception at the time you are authorized under this permit, but during the permit term you become qualified because your facility is inactive and unstaffed, and there are no industrial materials or activities that are exposed to storm water, then you shall include the same signed and certified statement as above and retain it with your records. Ohio EPA's Encouraging Environmental Excellence (E3) Program: If your facility has been recognized under the Gold and Platinum levels by Ohio EPA's Encouraging Page 29 3IS00117*ED Environmental Excellence (E3) Program, you only need to conduct quarterly visual assessment of storm water discharges for two quarters each year. F. Storm Water Pollution Prevention Plan (SWPPP) A storm water pollution prevention plan (SWPPP) shall be developed to address each outfall that discharges to waters of the state that contains storm water associated with industrial activity. Storm water pollution prevention plans shall be prepared in accordance with good engineering practices. The SWPPP shall identify potential sources of pollution which may reasonably be expected to affect the quality of storm water discharges associated with industrial activity from the facility. The SWPPP shall describe and ensure the implementation of practices which are to be used to reduce the pollutants in storm water discharges associated with industrial activity at the facility and to assure compliance with the terms and conditions of this permit. Facilities must implement the provisions of the storm water pollution prevention plan required under this part as a condition of this permit. The SWPPP does not contain effluent limitations; the limitations or benchmarks are contained in Part I. The SWPPP is intended to document the selection, design, and installation of control measures. As distinct from the SWPPP, the documentation requirements are intended to document the implementation (including inspection, maintenance, monitoring, and corrective action) of the permit requirements. G. Deadline to Update the SWPPP. 1. The permittee shall continue to implement and be in compliance with the SWPPP required by the previous permit. Within six months of the effective date of this permit, the permittee shall update the SWPPP as necessary to address any new or reviewed requirements of this permit. H. Signature and Plan Review. 1. The plan shall be signed and dated in accordance with Part III, Item 28, and be retained on-site at the facility which generates the storm water discharge. 2. The permittee shall make plans immediately available upon request to the Ohio EPA Director, or authorized representative, or Regional Administrator of U.S. EPA, a local agency approving storm water management plans, or in the case of a storm water discharge associated with industrial activity which discharges through a municipal separate storm sewer system, to the operator of the municipal system. 3. The Director may notify the permittee at any time that the plan does not meet one or more of the minimum requirements of this Part. Within 30 days of such notification from the Director, the permittee shall make the required changes to the plan and shall submit to the Director a written certification that the requested changes have been made. 4. All storm water pollution prevention plans required under this permit are considered reports that shall be available to the public under Section 308(b) of the Act. Confidential Business Information (CBI) may be withheld from the public, but may not be withheld from those staff cleared for CBI Page 30 3IS00117*ED review within Ohio EPA. An interested party wishing a copy of a discharger's SWPPP will have to contact the Ohio EPA to obtain a copy. I. Keeping SWPPP Current The permittee shall modify the plan whenever necessary to address any of the triggering conditions for corrective action in Part IV.D and to ensure that they do not reoccur, or to reflect changes implemented when a review following the triggering conditions in Part IV.D.2 indicates that changes to your control measures are necessary to meet the control measures/best management practices (BMPs) in this permit. Changes to your SWPPP document shall be made in accordance with the corrective action deadlines in Part IV.D.3 and Part IV.D.4. Amendments to the plan may be reviewed by Ohio EPA in the same manner as Part IV.H above. J. Contents of SWPPP. The plan shall include, at a minimum, the following items: 1. Pollution Prevention Team. You shall identify the staff members (by name or title) that comprise the facility's storm water pollution prevention team as well as their individual responsibilities. Your storm water pollution prevention team is responsible for assisting the facility manager in developing and revising the facility's SWPPP as well as maintaining control measures and taking corrective actions where required. Each member of the storm water pollution prevention team shall have ready access to either an electronic or paper copy of applicable portions of this permit and your SWPPP. 2. Description of Potential Pollutant Sources. You shall document at your facility where industrial materials or activities are exposed to storm water and from which allowable non-storm water discharges are released. Industrial materials or activities, include, but are not limited to: material handling equipment or activities; industrial machinery; raw materials; industrial production and processes: and intermediate products, by-products, final product or waste product. For each area identified, the description shall include, at a minimum: a. Site Description. Your SWPPP shall include: i. A description of the industrial activities at your facility; ii. A general location map (e.g. U.S. Geologic Survey (USGS) quadrangle map) with enough detail to identify the location of your facility and all receiving waters for your storm water discharges. iii. A site map showing The size of the property in acres; The location and extent of significant structures and impervious surfaces; Page 31 3IS00117*ED Directions of storm water flow (use arrows); Locations of all existing structural control measures; Locations of all receiving waters in the immediate vicinity of your facility; Locations of all storm water conveyances including ditches, pipes and swales; Locations of potential pollutant sources identified under Part IV J. 2.b; Locations where significant spills or leaks identified under Part IV J. 2.b. have occurred; Locations of all storm water monitoring points; Locations of storm water inlets and outfalls, with a unique identification code for each outfall (e.g. Outfall 001, Outfall 002, etc), indicating any outfalls that are considered substantially identical to another outfall, and an approximate outline of the areas draining to each outfall; Municipal separate storm sewer systems, where your storm water discharges to them; Locations and descriptions of all non-storm water discharges identified under Part IV. C. 10; Locations of the following activities where such activities are exposed to precipitation o Fueling stations; o Vehicle and equipment maintenance and/or cleaning areas; o Loading/unloading areas; o Immediate access roads and rail lines used or traveled by carriers of raw materials, manufactured products, waste material, or by-products used or created by the facility; o Transfer areas for substances in bulk; o Machinery; and Locations and sources of run-on to your site from adjacent property that contains significant quantities of pollutants. b. Inventory of Exposed Materials. This includes a list of industrial activities exposed to storm water (e.g., material storage; equipment fueling, maintenance, and cleaning; cutting steel Page 32 3IS00117*ED beams). This also includes a list of the pollutant(s) or pollutant constituents (e.g, crankcase oil, zinc, sulfuric acid, and cleaning solvents) associated with each identified activity. The pollutant list shall include all significant materials that have been handled, treated, stored, or disposed, and that have been exposed to storm water in the three years prior to the data you prepare of amend your SWPPP. c. Spills and Leaks. You shall document where potential spills and leaks could occur that could contribute pollutants to storm water discharges, and the corresponding outfall(s) that would be affected by such spills and leaks. You shall document all significant spills and leaks of oil or toxic or hazardous pollutants that actually occurred at exposed areas, or that drained to a storm water conveyance, in the three years prior to the date you prepare or amend your SWPPP. Note that significant spills and leaks include, but are not limited to, releases of oil or hazardous substances in excess of quantities that are reportable under CWA Section 311 (see 40 CFR 110.6 and 40 CFR 117.21) or Section 102 of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), 42 USC Section 9602. This permit does not relieve you of the reporting requirements of 40 CFR 110, 40 CFR 117, and 40 CFR 302 relating to spills or other releases of oil or hazardous substances. d. Sampling Data. A summary of existing discharge sampling data describing pollutants in storm water discharges from the facility. e. Non-Storm Water Discharges. You shall document that you have evaluated for the presence of non-storm water discharges, except for those listed in Part I and Part IV.C.10, and that all unauthorized discharges have been eliminated. Documentation of your evaluation shall include: 1) The date of any evaluation; 2) A description of the evaluation criteria used; 3) A list of the outfalls or onsite drainage points that were directly observed during the evaluation; 4) The different types of non-storm water discharge(s) and source locations; and 5) The action(s) taken, such as a list of control measures used to eliminate unauthorized discharge(s), if any were identified. For example, a floor drain was sealed, a sink drain was re-routed to sanitary, or an NPDES permit application was submitted for an unauthorized cooling water discharge. f. Salt Storage. You shall document the location of any storage piles containing salt used for deicing or other commercial or industrial purposes. 3. Description of Control Measures. You shall document the location and type of control measures you have installed and implemented at your site to achieve the control measures/best management practices (BMPs) in Part IV.C, and where applicable, in Part IV.K. You shall describe how you addressed the control measure selection and design considerations in Part IV.B. This documentation shall describe how the control measures at your site address both the pollutant sources identified in Part IV.J.2 and any storm water run-on that commingles with any discharges covered under this permit. 4. Schedules and Procedures. Page 33 3IS00117*ED a. Pertaining to Control Measures used to Comply with the Control Measures/Best Management Practices (BMPs). The following shall be documented in your SWPPP: i. Good Housekeeping (See Part IV.C.2) - A schedule for regular pickup and disposal of waste materials, along with routine inspections for leaks and conditions of drums, tanks and containers. ii. Maintenance (See Part IV.C.3) - Preventative maintenance procedures, including regular inspections, testing, maintenance, and repair of all industrial equipment and systems, and control measures, to avoid situations that may result in leaks, spills, and other releases, and any back-up practices in place should a runoff event occur while a control measure is offline; iii. Spill Prevention and Response Procedures (See Part IV.C.4) - Procedures for preventing and responding to spills and leaks. You may reference the existence of other plans for Spill Prevention Control and Countermeasure (SPCC) developed for the facility under Section 311 of the CWA or BMP programs otherwise required by an NPDES permit for the facility, provided that you keep a copy of that other plan onsite (hard copy or electronic) and make it available for review consistent with Part IV.J.5; and iv. Employee Training (See Part IV.C.9) - A schedule for all types of necessary training. b. Pertaining to Monitoring and Inspection. Where applicable, you shall document in your SWPPP your procedures for conducting analytical storm water monitoring. You shall document in your SWPPP your procedures for performing, as appropriate, the two types of inspections specified by this permit, including: 1) Routine facility inspections (See Part IV.E.1) and 2) Quarterly visual assessment of storm water discharges (See Part IV.E.2). 5. Documentation Requirements. You are required to keep inspection, monitoring, and certification records with your SWPPP that together keep your records complete and up-to-date, and demonstrate your full compliance with the conditions of this permit. You shall retain a copy of the current SWPPP required by this permit at the facility, and it shall be immediately available to Ohio EPA; a local agency approving storm water management plans; and the operator of an MS4 receiving discharges from the site. Ohio EPA may provide access to portions of your SWPPP to a member of the public upon request. Confidential Business Information (CBI) may be withheld from the public, but may not be withheld from those staff cleared for CBI review within Ohio EPA. Your current SWPPP or certain information from your current SWPPP shall be made available to the public, except any confidential business information (CBI) or restricted information, but you must clearly identify those portions of the SWPPP that are being withheld from public access. See 40 CFR Part 2 for relevant definitions of CBI: http://www.gpo.gov/fdsys/pkg/CFR-2013-title40vol1/pdf/CFR-2013-title40-vol1-part2-subpartB.pdf. Page 34 3IS00117*ED K. Sector-Specific Requirements Sector AA - Fabricated Metal Products You shall comply with the following sector-specific requirements associated with your primary industrial activity and any co-located industrial activities, as defined in Part VI. The sector-specific requirements apply to those areas of your facility where those sector-specific activities occur. These sector-specific requirements are in addition to any requirements specified elsewhere in this permit. 1. Additional Control Measures/Best Management Practices (BMPs). a. Good Housekeeping Measures. (See also Part IV.C.2.) i. Raw Steel Handling Storage. Minimize the generation of and/or recover and properly manage scrap metals, fines, and iron dust. Include measures for containing materials within storage handling areas. ii. Paints and Painting Equipment. Minimize exposure of paint and painting equipment to storm water. b. Spill Prevention and Response Procedures. (See also Part IV.C.4) Ensure that the necessary equipment to implement a cleanup is available to personnel. The following areas should be addressed i. Metal Fabricating Areas. Maintain clean, dry, orderly conditions in these areas. Consider using dry clean-up techniques. ii. Storage Areas for Raw Metal. Keep these areas free of conditions that could cause, or impede appropriate and timely response to, spills or leakage of materials. Consider the following (or their equivalents): maintaining storage areas so that there is easy access in the event of a spill, and labeling stored materials to aid in identifying spill contents. iii. Metal Working Fluid Storage Areas. Minimize the potential for storm water contamination from storage areas for metal working fluids. iv. Cleaners and Rinse Water. Control and clean up spills of solvents and other liquid cleaners, control sand buildup and disbursement from sand-blasting operations, and prevent exposure of recyclable wastes. Substitute environmentally benign cleaners when possible. v. Lubricating Oil and Hydraulic Fluid Operations. Minimize the potential for storm water contamination from lubricating oil and hydraulic fluid operations. Consider Page 35 3IS00117*ED using monitoring equipment or other devices to detect and control leaks and overflows. Consider installing perimeter controls such as dikes, curbs, grass filter strips, or equivalent measures. vi. Chemical Storage Areas. Minimize storm water contamination and accidental spillage in chemical storage areas. Include a program to inspect containers and identify proper disposal methods. c. Spills and Leaks. (See also Part IV.J.2.c.) In your spill prevention and response procedures, required by Part IV.C.4, pay attention to the following materials (at a minimum): chromium, toluene, pickle liquor, sulfuric acid, zinc and other water priority chemicals, and hazardous chemicals and wastes. 2. Additional SWPPP Requirements. a. Drainage Area Site Map. (See also Part IV.J.2.a.) Document in your SWPPP where any of the following may be exposed to precipitation or surface runoff: raw metal storage areas; finished metal storage areas; scrap disposal collection sites; equipment storage areas; retention and detention basins; temporary and permanent diversion dikes or berms; right-of-way or perimeter diversion devices; sediment traps and barriers; processing areas, including outside painting areas; wood preparation; recycling; and raw material storage. b. Potential Pollutant Sources. (See also Part IV.J.2.b.) Document in your SWPPP the following additional sources and activities that have potential pollutants associated with them: loading and unloading operations for paints, chemicals, and raw materials; outdoor storage activities for raw materials, paints, empty containers, corn cobs, chemicals, and scrap metals; outdoor manufacturing or processing activities such as grinding, cutting, degreasing, buffing, and brazing; onsite waste disposal practices for spent solvents, sludge, pickling baths, shavings, ingot pieces, and refuse and waste piles. 3. Additional Inspection Requirements a. Inspections. (See also Part IV.E.) At a minimum, include the following areas in all inspections: raw metal storage areas, finished product storage areas, material and chemical storage areas, recycling areas, loading and unloading areas, equipment storage areas, paint areas, drainage from roof, and vehicle fueling and maintenance areas. Potential pollutants include chromium, zinc, lubricating oil, solvents, aluminum, oil and grease, methyl ethyl ketone, steel, and related materials. Page 36 3IS00117*ED Part V. Monitoring and Reporting Requirements A. Reporting and Recordkeeping 1. Reporting Benchmark Monitoring Data to Ohio EPA. Benchmark monitoring data shall be submitted to Ohio EPA in accordance with Part III Item 4. of this permit. 2. Annual Report. You shall complete an annual report using the Annual Reporting Form provided by Ohio EPA at the following location: http://www.epa.ohio.gov/portals/35/permits/OHR000006/ARForm.docx You are not required to submit your annual report to Ohio EPA unless specifically requested. The timeframe to complete the report is at the discretion of the permittee but the same schedule to complete shall be maintained throughout this permit term. You shall keep the completed annual reports with your SWPPP. B. Storm Water Monitoring Requirements 1. Monitored Outfalls. Applicable benchmark monitoring requirements apply storm water Outfall 3IS00117001 except as otherwise exempt from monitoring as a "substantially identical outfall". The allowance for monitoring only one of the substantially identical outfalls is not applicable to any outfalls with numeric effluent limitations. You are required to monitor each outfall covered by a numeric effluent limit as identified in Part I. For monitoring purposes, an outfall can include a discrete conveyance (i.e., pipe, ditch, channel tunnel or conduit) or a location where sheet flow leaves your facility's property. 2. Measurable Storm Event. All required monitoring shall be performed on a storm event that results in an actual discharge from your site ("measurable storm event") that follows the preceding measurable storm event by at least 72 hours (3 days). The 72-hour (3-day ) storm interval does not apply if you are able to document that less than a 72-hour (3-day) interval is representative for local storm events during the sampling period. In the case of snowmelt, the monitoring shall be performed at a time when a measurable discharge occurs at your site. For each monitoring event, except snowmelt monitoring, you shall identify the date and duration (in hours) of the rainfall event, rainfall total (in inches) for that rainfall event, and time (in days) since the previous measurable storm event. For snowmelt monitoring, you shall identify the date of the sampling event. 3. Sample Type. You shall take a minimum of one grab sample from a discharge resulting from a measurable storm event as described in Part V.B.2. Samples shall be collected within the first 30 minutes of a measurable storm event. If it is not possible to collect the sample within the first 30 minutes of a measurable storm event, the sample shall be collected as soon as practicable after the first 30 minutes and documentation shall be kept with the SWPPP explaining why it was not possible to take samples within the first 30 minutes. In the case of snowmelt, samples shall be taken during a period with a measurable discharge. Page 37 3IS00117*ED 4. Benchmark Monitoring. This permit stipulates pollutant benchmark concentrations that are applicable to your discharge. The benchmark concentrations listed below apply to these outfalls. See Part V.A.4 for the dates when benchmark concentrations become applicable. Parameter Aluminum, Total Recoverable Zinc, Total Recoverable Nitrate + Nitrite, Total Benchmark 0.75 mg/l 0.23 mg/l (*) 0.68 mg/l (*) Based on a stream hardness range of 200 -225 mg/l. The benchmark concentrations are not effluent limitations; a benchmark exceedance, therefore, is not a permit violation. Benchmark monitoring data are for your use to determine the overall effectiveness of your control measures and to assist you in knowing when additional corrective action(s) may be necessary to comply with the control measures/best management practices (BMPs) in Part IV. Items A-C. a. Based on the average of your monitoring results, if the monitoring values for any parameter exceeds the benchmark, you shall perform the following within one year of exceeding the benchmark: i. In accordance with Part IV.D.2, review the selection, design, installation, and implementation of your control measures to determine if modifications are necessary to meet the Part IV. Items A-C control measures/best management practices (BMPs) of this permit; or ii. Make a determination that no further pollutant reductions are technologically available and economically practicable and achievable in light of best industry practice to meet the control measures/best management practices (BMPs) in Part IV. Items A-C of this permit. You shall also document your rationale for concluding that no further pollutant reductions are achievable, and retain all records related to this documentation with your SWPPP. You shall also notify Ohio EPA and, if applicable, the MS4 operator of this determination within 30 days. Ideally your storm water samples will contain only runoff from your site. However, storm water from a neighboring facility can run-on and comingle with your regulated storm water discharge, possibly adding contaminants not found at your facility. The SWPPP site description shall document the locations and sources of any run-on. If you feel your discharge is exceeding a benchmark value due to, run-on from neighboring properties, you may collect and analyze samples of the run-on. Determined contaminant concentrations of run-on from neighboring properties may be deducted from your storm water discharge when determining whether a benchmark has been exceeded. This information shall be documented within eDMR's comment section. All sample data and findings shall be maintained with your SWPPP. Page 38 3IS00117*ED If it is determined that a water quality standard is less restrictive than this permit's benchmark value, you may use the less restrictive value for benchmark monitoring purposes. Pollutant concentrations from your facility's structures (roofs, walls, fencing, etc.) can be considered to determine if it is technologically available and economically practical and achievable in light of best industry practice to implement additional control measures or not when a benchmark has been exceeded. In accordance with Part IV.D.2, you shall review your control measures and perform any required corrective action immediately or document why no corrective action is required. b. If you determine that exceedance of the benchmark is attributable solely to the presence of that pollutant in the natural background, you are not required to perform corrective action provided that: i. The concentration of your benchmark monitoring result is less than or equal to the concentration of that pollutant in the natural background; ii. You document and maintain with your SWPPP your supporting rationale for concluding that benchmark exceedances are in fact attributable solely to natural background levels. You shall include in your supporting rationale any data previously collected by you or others (including literature studies) that describe the levels of natural background pollutants in your storm water discharge. Natural background pollutants include those substances that are naturally occurring in soils or groundwater. Natural background pollutants do not include legacy pollutants from earlier activity on your site, or pollutants in run-on from neighboring sources which are not naturally occurring. c. Exception for Inactive and Unstaffed Sites. The requirement for benchmark monitoring does not apply at a facility that is inactive and unstaffed, as long as there are no industrial materials or activities exposed to storm water. To invoke this exception, you shall do the following: i. Maintain a statement onsite with your SWPPP stating that the site is inactive and unstaffed, and that there are no industrial materials or activities exposed to storm water in accordance with the substantive requirements in 40 CFR 122.26(g) and sign and certify the statement in accordance with Part IV.E.1.b. ii. If circumstances change and your facility becomes active and/or staffed, this exception no longer applies and you shall immediately begin complying with the applicable benchmark monitoring requirements under Part V. B; and iii. If you are not qualified for this exception at the time you are authorized under this permit, but during the permit term you become qualified because your facility is inactive and unstaffed, and there are no industrial materials or activities that are exposed to storm water, then you shall notify the appropriate district office of Ohio EPA of this change in your next Page 39 3IS00117*ED benchmark monitoring report. You may discontinue benchmark monitoring once you have notified Ohio EPA, and prepared and signed the certification statement described above concerning your facility's qualification for this special exception. Page 40 3IS00117*ED Part VI. Definitions and Acronyms Action Area - all areas to be affected directly or indirectly by the storm water discharges, allowable nonstorm water discharges, and storm water discharge-related activities, and not merely the immediate area involved in these discharges and activities. Best Management Practices (BMPs) - schedules of activities, practices (and prohibitions of practices), structures, vegetation, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants to surface 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. See 40 CFR 122.2. Co-located Industrial Activities - Any industrial activities, excluding your primary industrial activity(ies), located on-site that are defined by the storm water regulations at 122.26(b)(14)(i)-(ix) and (xi). An activity at a facility is not considered co-located if the activity, when considered separately, does not meet the description of a category of industrial activity covered by the storm water regulations or identified by the SIC code list in Appendix D. Control Measure - refers to any BMP or other method (including effluent limitations) used to prevent or reduce the discharge of pollutants to surface waters of the State. Director - the Director of the Ohio Environmental Protection Agency (Ohio EPA). Discharge - when used without qualification, means the "discharge of a pollutant." See 40 CFR 122.2. Discharge of a pollutant - any addition of any "pollutant" or combination of pollutants to "surface waters of the State" from any "point source," or any addition of any pollutant or combination of pollutants to the waters of the "contiguous zone" or the ocean from any point source other than a vessel or other floating craft which is being used as a means of transportation. This includes additions of pollutants into surface waters of the State from: surface runoff which is collected or channeled by man; discharges through pipes, sewers, or other conveyances, leading into privately owned treatment works. See 40 CFR 122.2. Discharge-related activities - activities that cause, contribute to, or result in storm water and allowable non-storm water point source discharges, and measures such as the siting, construction and operation of BMPs to control, reduce, or prevent pollution in the discharges. Drought-stricken area - a period of below average water content in streams, reservoirs, ground-water aquifers, lakes and soils. U.S. EPA Approved or Established Total Maximum Daily Loads (TMDLs) - "U.S. EPA Approved TMDLs" are those that are developed by a State and approved by U.S. EPA. "U.S. EPA Established TMDLs" are those that are developed by U.S. EPA. Existing Discharger - an operator applying for coverage under this permit for discharges authorized previously under an NPDES general or individual permit. Page 41 3IS00117*ED Facility or Activity - any NPDES "point source" (including land or appurtenances thereto) that is subject to regulation under the NPDES program. See 40 CFR 122.2. Federal Facility - any buildings, installations, structures, land, public works, equipment, aircraft, vessels, and other vehicles and property, owned by, or constructed or manufactured for the purpose of leasing to, the federal government. Illicit Discharge - is defined at 40 CFR 122.26(b)(2) and refers to any discharge to a municipal separate storm sewer that is not entirely composed of storm water, except discharges authorized under an NPDES permit (other than the NPDES permit for discharges from the MS4) and discharges resulting from fire fighting activities. Impaired Water (or "Water Quality Impaired Water" or "Water Quality Limited Segment") - A water is impaired for purposes of this permit if it has been identified by a State or U.S. EPA pursuant to Section 303(d) of the Clean Water Act as not meeting applicable State water quality standards (these waters are called "water quality limited segments" under 40 CFR 30.2(j)). Impaired waters include both waters with approved or established TMDLs, and those for which a TMDL has not yet been approved or established. Industrial Activity - the 10 categories of industrial activities included in the definition of "storm water discharges associated with industrial activity" as defined in 40 CFR 122.26(b)(14)(i)-(ix) and (xi). Industrial Storm Water - storm water runoff from industrial activity. Municipal Separate Storm Sewer - a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains): (i) Owned or operated by a State, city, town, borough, county, parish, district, association, or other public body (created by or pursuant to State law) having jurisdiction over disposal of sewage, industrial wastes, storm water, or other wastes, including special districts under State law such as a sewer district, flood control district or drainage district, or similar entity, or a designated and approved management agency under section 208 of the CWA that discharges to surface waters of the State; (ii) Designed or used for collecting or conveying storm water; (iii) Which is not a combined sewer; and (iv) Which is not part of a Publicly Owned Treatment Works (POTW) as defined at 40 CFR 122.2. See 40 CFR 122.26(b)(4) and (b)(7). New Discharger - a facility from which there is a discharge, that did not commence the discharge at a particular site prior to August 13, 1979, which is not a new source, and which has never received a finally effective NPDES permit for discharges at that site. See 40 CFR 122.2. Page 42 3IS00117*ED New Source - any building, structure, facility, or installation from which there is or may be a "discharge of pollutants," the construction of which commenced: after promulgation of standards of performance under section 306 of the CWA which are applicable to such source, or after proposal of standards of performance in accordance with section 306 of the 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. See 40 CFR 122.2. New Source Performance Standards (NSPS) - technology-based standards for facilities that qualify as new sources under 40 CFR 122.2 and 40 CFR 122.29. No exposure - all industrial materials or activities are protected by a storm-resistant shelter to prevent exposure to rain, snow, snowmelt, and/or runoff. See 40 CFR 122.26(g). Ohio EPA - the Ohio Environmental Protection Agency. Operator - any entity with a storm water discharge associated with industrial activity that meets either of the following two criteria: (i) The entity has operational control over industrial activities, including the ability to modify those activities; or (ii) The entity has day-to-day operational control of activities at a facility necessary to ensure compliance with the permit (e.g., the entity is authorized to direct workers at a facility to carry out activities required by the permit). Person - an individual, association, partnership, corporation, municipality, State or Federal agency, or an agent or employee thereof. See 40 CFR 122.2. Point source - 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, landfill leachate collection system, vessel, or other floating craft from which pollutants are or may be discharged. This term does not include return flows from irrigated agriculture or agricultural storm water runoff. See 40 CFR 122.2. Pollutant - dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, and industrial, municipal and agricultural waste discharged into water. See 40 CFR 122.2. Pollutant of concern - A pollutant which causes or contributes to a violation of a water quality standard, including a pollutant which is identified as causing an impairment in a state's 303(d) list. Primary industrial activity - includes any activities performed on-site which are (1) identified by the facility's primary SIC code; or (2) included in the narrative descriptions of 122.26(b)(14)(i), (iv), (v), or Page 43 3IS00117*ED (vii), and (ix). [For co-located activities covered by multiple SIC codes, it is recommended that the primary industrial determination be based on the value of receipts or revenues or, if such information is not available for a particular facility, the number of employees or production rate for each process may be compared. The operation that generates the most revenue or employs the most personnel is the operation in which the facility is primarily engaged. In situations where the vast majority of on-site activity falls within one SIC code, that activity may be the primary industrial activity.] Narrative descriptions in 40 CFR 122.26(b)(14) identified above include: (i) activities subject to storm water effluent limitations guidelines, new source performance standards, or toxic pollutant effluent standards; (iv) hazardous waste treatment storage, or disposal facilities including those that are operating under interim status or a permit under subtitle C of the Resource Conservation and Recovery Act (RCRA); (v) landfills, land application sites and open dumps that receive or have received industrial wastes; (vii) steam electric power generating facilities; and (ix) sewage treatment works with a design flow of 1.0 mgd or more. Qualified Personnel - Qualified personnel are those who possess the knowledge and skills to assess conditions and activities that could impact storm water quality at your facility, and who can also evaluate the effectiveness of control measures. Reportable Quantity Release - a release of a hazardous substance at or above the established legal threshold that requires emergency notification. Refer to 40 CFR Parts 110, 117, and 302 for complete definitions and reportable quantities for which notification is required. Runoff coefficient - the fraction of total rainfall that will appear at the conveyance as runoff. See 40 CFR 122.26(b)(11). Semi-Arid Climate - areas where annual rainfall averages from 10 to 20 inches. Significant materials - includes, but is not limited to: raw materials; fuels; materials such as solvents, detergents, and plastic pellets; finished materials such as metallic products; raw materials used in food processing or production; hazardous substances designated under section 101(14) of CERCLA; any chemical the facility is required to report pursuant to section 313 of Title III of SARA; fertilizers; pesticides; and waste products such as ashes, slag and sludge that have the potential to be released with storm water discharges. See 40 CFR 122.26(b)(12). Special Aquatic Sites - sites identified in 40 CFR 230 Subpart E. These are geographic areas, large or small, possessing special ecological characteristics of productivity, habitat, wildlife protection, or other important and easily disrupted ecological values. These areas are generally recognized as significantly influencing or positively contributing to the general overall environmental health or vitality of the entire ecosystem of a region. Storm Water - storm water runoff, snow melt runoff, and surface runoff and drainage. See 40 CFR 122.26(b)(13). Page 44 3IS00117*ED Storm Water Discharges Associated with Construction Activity - a discharge of pollutants in storm water runoff from areas where soil disturbing activities (e.g., clearing, grading, or excavating), construction materials, or equipment storage or maintenance (e.g., fill piles, borrow areas, concrete truck washout, fueling), or other industrial storm water directly related to the construction process (e.g., concrete or asphalt batch plants) are located. See 40 CFR 122.26(b)(14)(x) and 40 CFR 122.26(b)(15). Storm Water Discharges Associated with Industrial Activity - the discharge from any conveyance that is used for collecting and conveying storm water and that is directly related to manufacturing, processing or raw materials storage areas at an industrial plant. The term does not include discharges from facilities or activities excluded from the NPDES program under Part 122. For the categories of industries identified in this section, the term includes, but is not limited to, storm water discharges from industrial plant yards; immediate access roads and rail lines used or traveled by carriers of raw materials, manufactured products, waste material, or by-products used or created by the facility; material handling sites; refuse sites; sites used for the application or disposal of process waste waters (as defined at part 401 of this chapter); sites used for the storage and maintenance of material handling equipment; sites used for residual treatment, storage, or disposal; shipping and receiving areas; manufacturing buildings; storage areas (including tank farms) for raw materials, and intermediate and final products; and areas where industrial activity has taken place in the past and significant materials remain and are exposed to storm water. For the purposes of this paragraph, material handling activities include storage, loading and unloading, transportation, or conveyance of any raw material, intermediate product, final product, by-product or waste product. The term excludes areas located on plant lands separate from the plant's industrial activities, such as office buildings and accompanying parking lots as long as the drainage from the excluded areas is not mixed with storm water drained from the above described areas. Industrial facilities include those that are federally, State, or municipally owned or operated that meet the description of the facilities listed in 40 CFR 122.26(b)(14). Surface Waters of the State - Means all streams, lakes, ponds, marshes, watercourses, waterways, springs, irrigation systems, drainage systems, and all other bodies or accumulations of surface water, natural or artificial, which are situated wholly or partly within, or border upon, this state, or are within its jurisdiction, except those private waters which do not combine or effect a junction with natural surface waters. Total Maximum Daily Loads (TMDLs) - A TMDL is a calculation of the maximum amount of a pollutant that a waterbody can receive and still meet water quality standards, and an allocation of that amount to the pollutant's sources. A TMDL includes wasteload allocations (WLAs) for point source discharges; load allocations (LAs) for nonpoint sources and/or natural background, and shall include a margin of safety (MOS) and account for seasonal variations. (See section 303(d) of the Clean Water Act and 40 CFR 130.2 and 130.7). Water Quality Impaired - See `Impaired Water'. Water Quality Standards - A water quality standard defines the water quality goals of a water body, or portion thereof, by designating the use or uses to be made of the water and by setting criteria necessary to protect the uses. States and U.S. EPA adopt water quality standards to protect public health or welfare, enhance the quality of water and serve the purposes of the Clean Water Act (See CWA sections 101(a)2 and 303(c)). Water quality standards also include an antidegradation policy. See P.U.D. o. 1 of Jefferson County et al v. Wash Dept of Ecology et al, 511 US 701, 705 (1994). Page 45 3IS00117*ED "You" and "Your" - as used in this permit are intended to refer to the permittee, the operator, or the discharger as the context indicates and that party's facility or responsibilities. The use of "you" and "your" refers to a particular facility and not to all facilities operated by a particular entity. For example, "you shall submit" means the permittee shall submit something for that particular facility. Likewise, "all your discharges" would refer only to discharges at that one facility. Page 46 3IS00117*ED ABBREVIATIONS AND ACRONYMS BAT - Best Available Technology Economically Achievable BOD5 - Biochemical Oxygen Demand (5-day test) BMP - Best Management Practice BPJ - Best Professional Judgment BPT - Best Practicable Control Technology Currently Available CERCLA - Comprehensive Environmental Response, Compensation and Liability Act CGP - Construction General Permit COD - Chemical Oxygen Demand CWA - Clean Water Act (or the Federal Water Pollution Control Act, 33 U.S.C. 1251 et seq) CWT - Centralized Waste Treatment DMR - Discharge Monitoring Report U.S. EPA - U. S. Environmental Protection Agency FWS - U. S. Fish and Wildlife Service LA - Load Allocations MDMR - MSGP Discharge Monitoring Report MGD - Million Gallons per Day MOS - Margin of Safety MS4 - Municipal Separate Storm Sewer System MSDS - Material Safety Data Sheet MSGP - Multi-Sector General Permit NAICS - North American Industry Classification System NMFS - U. S. National Marine Fisheries Service NOI - Notice of Intent NOT - Notice of Termination NPDES - National Pollutant Discharge Elimination System NRC - National Response Center NTU - Nephelometric Turbidity Unit OMB - U. S. Office of Management and Budget ORW - Outstanding Resource Water OSM - U. S. Office of Surface Mining POTW - Publicly Owned Treatment Works RCRA - Resource Conservation and Recovery Act RQ - Reportable Quantity SARA - Superfund Amendments and Reauthorization Act SIC - Standard Industrial Classification SMCRA - Surface Mining Control and Reclamation Act SPCC - Spill Prevention, Control, and Countermeasures SWPPP - Storm Water Pollution Prevention Plan TMDL - Total Maximum Daily Load TSDF - Treatment, Storage, or Disposal Facility TSS - Total Suspended Solids USGS - United States Geological Survey WLA - Wasteload Allocation WQS - Water Quality Standard Page 47 3IS00117*ED ATTACHMENT C: WATER FLOW DIAGRAM ATTACHMENT D: SITE MAP ATTACHMENT E: WIRE RINSE LIQUID DISPOSAL MANIFEST ATTACHMENT F: 2020 MONTHLY INSPECTION REPORTS ATTACHMENT G: 2020 LAB REPORTS