Document aJpBkXX6OGjkpOvk80ZGQYBXM

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 5 77 WEST JACKSON BOULEVARD CHICAGO, ILLINOIS 60604 CLEAN WATER ACT INSPECTION REPORT Compliance Evaluation Inspection (CEI) FACILITY NAME AND ADDRESS Chelsea Wastewater Treatment Plant (Chelsea WWTP) 680 McKinley Street Chelsea, MI 48118 INSPECTION PARTICIPANTS Ellie DeMilt, U.S. EPA Sophie Bazan, U.S. EPA Jason Freeman, Superintendent, Chelsea WWTP Kurt Kopf, Foreman, Chelsea WWTP John Chandler, Operator, Chelsea WWTP Harry Policht, Operator/Water Assistant, Chelsea WWTP Bridgett Carver, Inspector, Michigan Department of Environment, Great Lakes, and Energy Olivia Hagen, Part 41 Engineer, Michigan Department of Environment, Great Lakes, and Energy DIGITAL SIGNATURES Ellie DeMilt, Life Scientist, Water Enforcement and Compliance Assurance Branch U.S. EPA Region 5 Enforcement and Compliance Assurance Division Digitally signed by ELIZABETH ELIZABETH DEMILT DEMILT Report Author Signature:_________________D_a_te:_2_02_5._07_.0_9 1_6_:31_:4_0_-0_5'0_0'_ Ryan Bahr, Section 2 Supervisor, Water Enforcement and Compliance Assurance Branch U.S. EPA Region 5 Enforcement and Compliance Assurance Division Bahr, Ryan Digitally signed by Bahr, Ryan Date: 2025.07.09 17:05:40 -05'00' Section Supervisor Signature:_________________________________ Facility Notification: Unannounced Inspection Announced Inspection Arrival Date and Time: May 13, 2025 at 1:05 PM Departure Date and Time: May 13, 2025 at 4:00 PM OPENING CONFERENCE Presented Credentials Stated authority and purpose of inspection Provided CBI notification to facility The following information was obtained verbally from Jason Freeman, Kurt Kopf, John Chandler, and Harry Policht, unless otherwise noted. Primary Contact: Jason Freeman, Wastewater Superintendent, City of Chelsea Primary Contact Information: (734) 476-1771, jfreeman@city-chelsea.org Facility Type: Publicly Owned Treatment Works National Pollutant Discharge Elimination System (NPDES) Permit Number: MI0020737 Background: Chelsea Wastewater Treatment Plant ("Chelsea WWTP" or "Facility") is a publicly owned treatment works (POTW) which treats wastewater from the City of Chelsea, Michigan. The plant's hours are 7:00 AM Eastern time (ET) to 3:00 PM ET weekdays, and 8:00 AM ET to 12:00 PM ET on weekends and holidays. The plant was originally built in 1932. The oldest equipment currently existing are equalization basins built in 1955. In 1988 a new plant was built, and in 2010 it was expanded to include new pumps and a thickening building. Since 2010, a Supervisory Control and Data Acquisition (SCADA) system has been added to the Facility. There are 5 external lift stations that pump flow to the Facility. Chelsea WWTP expects to construct 1 new lift station in the next year, and 1 more in the next 2-3 years. The plant operates at approximately 50% of its capacity typically. The Facility has 4 employees. Process Description: Wastewater enters the facility headworks and goes through a inch bar screen, then through a vortex grit removal system. Then, water is pumped to a selector tank and mixed with return activated sludge (RAS). Anaerobic Phosphorus uptake occurs and Alum is added. Next, water flows via gravity to an oxidation ditch. Then, water flows to a splitter box, Page 2 of 7 where it is split off into 5 clarifiers. At the time of EPA's inspection, only 2 clarifiers were operating, and staff said that this was typical to handle flow. Water then flows to 2 floc tanks/polishing ponds, and then to UV disinfection. After UV disinfection, treated effluent is discharged to Letts Creek. Information Obtained During Staff Interview(s): The Facility's typical dry-weather flow is approximately 800,000 gallons per day (gpd). The Facility's maximum designed flow is 1.8 M gpd when old and new plants are running. The service population of the Facility includes approximately 5300 residents, Chelsea businesses, and Chelsea Hospital. The Facility's NPDES Permit MI0020737 was issued by EGLE on February 1, 2022 and expires on October 1, 2026. EPA reminded Chelsea WWTP that their permit renewal application is due in April 2026. The Facility stated that they plan to submit an application before the deadline. Part 1.A.1.b of the NPDES Permit requires that samples for certain parameters be taken prior to disinfection, while others be taken after disinfection. The Facility stated that they take every sample after disinfection, and EGLE has approved this alternate sampling location (Following inspection, EPA verified EGLE's approval of the alternate sampling location). Chelsea WWTP has a lab on-site where all samples are analyzed except for Mercury, Silver, and additional monitoring requirements (required by Part 1.A.4), which are sent to Merit Laboratories for analysis. Chelsea WWTP submitted a request for monitoring frequency reduction for Total Silver (Part 1.A.1.g), which was granted by EGLE and reduced the monitoring frequency to annual. Chelsea WWTP submitted a request for monitoring frequency reduction for Total Mercury (Part 1.A.1.h) and was denied by EGLE. The NPDES Permit contains a schedule for total phosphorus final effluent limits (Part 1.A.2) agreed upon between Chelsea WWTP and EGLE. New final effluent limitations based on the waste load allocation identified in the September 2004 Total Maximum Daily Load (TMDL) for Phosphorus in Ford and Belleville Lakes took effect on October 2, 2023 and will remain in effect through October 1, 2048, when smaller limits based on the November 2019 TMDL will take effect. Chelsea WWTP stated that they have been able to meet the current limits, and in order to meet the 2048 limits, they stated that they have considered options such as adding a filtration system or new technologies. The Facility utilizes UV disinfection in their process and has never used any other type of disinfection. The NPDES Permit contained Quantification Levels (QLs) and Analytical Methods for Selected Parameters (Part 1.A.3). Chelsea WWTP has never requested adjustments to QLs or methods. The NPDES Permit Part 1.A.5 requires a Pollutant Minimization Program (PMP) for Total Mercury if notified by EGLE. The Facility stated that they have not received this notification and therefore has not submitted a PMP for Total Mercury. Chelsea WWTP has a city instituted Pretreatment program. Chelsea WWTP has no Categorial Industrial Users or Significant Industrial Users, but receives reports from Sheridan Books, a book Page 3 of 7 printing facility that discharges to the Facility. In the month prior to EPA's inspection, the Facility had sent out a non-domestic sewer quality survey to determine other discharging facilities that may need to be monitored. The plant has not experienced passthrough or interference from industrial users. Previously, an unpermitted overflow outfall existed from the 1955 equalization basins. Chelsea WWTP explained that during an EGLE inspection, EGLE instructed the Facility that the outfall was unpermitted and needed to be plugged. In 2024, the equalization basins were used as overflow storage during a large rain event, but all water was then treated and discharged regularly. Chelsea WWTP staff confirmed that the unpermitted outfall has remained plugged since the EGLE inspection. The Facility has backup generators in the event of a power outage. The Facility has never discharged untreated or partially treated sewage and therefore has not reported such events to EGLE. The City of Chelsea has a separate sewer system, apart from some combined sewer in the downtown area. There are no CSO outfalls in the collection system. FACILITY WALK-THROUGH OCCURRED: Yes Data Collected and Observations: The facility walk-through began at 2:24 PM. EPA reviewed laboratory sheets and confirmed that the Facility does in-house sampling and analysis for all parameters except Mercury, Silver, and Additional Monitoring. All 4 employees sample on-site. EPA checked lab fridge thermometers and confirmed that the incubator and lab fridge are calibrated once per year. The Facility takes pH measurements of influent and effluent. EPA requested to view the most recent bench sheets and found that the Facility was not recording times of collection and analysis, only one time. EPA suggested that the Facility create new bench sheets which include columns for time collected and time analyzed. EPA observed the old chlorination system and clarifier (Photo 1). At the time of inspection, they were empty and Chelsea WWTP confirmed that there is no connection by which water could flow to the tanks. EPA walked through the headworks, which has a wet side and dry side. On the wet side, EPA observed the influent sample point, which is located after the screening and grit vortex systems (Photo 2). EPA observed the bar screen (Photo 3) and grit vortex system, which lifts grit to a dumpster (Photo 4). Chelsea WWTP staff explained that the inch bar screen and vortex grit removal system are automatically cleaned and checked by staff daily. Filtered and screened waste is hauled to a local transfer station, and eventually to a landfill in Detroit by Veolia Environmental Services. EPA examined the influent composite sampler on the dry side of headworks (Photo 5). EPA observed the magnetic flow meter and raw influent sample line on the lower level (Photo 6). EPA observed the pumps that pump water from the Page 4 of 7 screening building to the selector tanks. At the time of inspection, 1 pump was running, and 2 pumps were inactive. Facility staff explained that these pumps can be turned on for heavy flow events. On the upper level of the dry side of headworks, there is a microscope which Chelsea WWTP staff use to look at microorganisms approximately once per month. EPA observed the selector tank mixer #1 and #2 (Photo 7). There are 2 separate tanks that typically run together. Wastewater is mixed with RAS. In the maintenance garage, EPA saw an extra generator and a portable pump, which Chelsea WWTP explained can be used in the event of a broken lift station (Photo 8). Water flows from the selector tanks to an oxidation ditch with 3 rings. EPA observed the oxidation ditch, the DO probes in each ring, and the mixed liquor sample point in the center of the oxidation ditch rings (Photos 10 and 11). Water flows to the splitter box, where it is split into one of 5 clarifiers. EPA observed clarifier #4, which was one of 2 in operation at the time of inspection (Photo 9). Each clarifier is 50 feet in diameter and has a capacity of approximately 200,000-250,000 gallons. EPA then observed the pump room, which contains pumps for RAS and waste sludge, as well as the second mixed liquor sample point (Photo 12). EPA walked through the thickener building, where polymer is stored (Photo 13). EPA did not identify any floor drains where polymer barrels were stored. EPA observed the thickener pumps (Photo 14). Chelsea WWTP explained that decanting occurs every 3-4 days, and polymer is added to the mix before the waste sludge goes to below ground tanks. The Facility samples the waste sludge once per year, prior to land application, which is handled by BioTech Agronomics. EPA observed 3 blowers within the blower building (Photo 15). 1 blower was active at the time of inspection, and Chelsea WWTP explained that typically 1 is operating at a time, with a rotation occuring approximately every 6 months. EPA observed the floc tanks, which are interchangeably referred to as polishing ponds (Photo 16). There are 2 floc tanks which both have a diameter of 30 feet and a capacity of approximately 800,000 gallons each. In the chemical building, EPA examined the alum tank and spigot (Photo 17). The Alum tank is placed in a secondary containment area with no floor drains. EPA examined the UV disinfection building, which contained the UV disinfection channel, replacement UV bulbs, and composite effluent sampler (Photos 18 and 19). The Facility pulls UV bulbs out of the channel to rinse them every 6 months and scrubs the channels once each year. Outside of the UV building, EPA observed the effluent grab sample location, where pH and DO are taken (Photo 20). EPA observed Outfall 001, which discharges treated effluent to Letts Creek (Photo 21). EPA did not notice any discolored effluent, sheen on the water, or odor. EPA examined the equalization basins, which can be used as holding tanks in the event of heavy flow (Photo 22). A small amount of rainwater was observed in the basins. In the main office Page 5 of 7 building, EPA viewed the SCADA screen, which includes a diagram of the flow of wastewater and RAS in the plant (Photos 23 and 24). During the facility walkthrough, EPA asked Chelsea WWTP staff if they had written Standard Operating Procedures (SOPs) or checklists for routine maintenance tasks. The Facility stated that they do not have written SOPs, and EPA suggested that because of the small number of staff, procedures should be written down in the event of a sudden large turnover in staff. The facility walkthrough ended at 3:40 PM. Photos and/or Videos: were taken during the inspection. Field Measurements: were not taken during this inspection. RECORDS REVIEW Requested documents: Lab sheets from January 2025-May 2025 Asset Management Program as most recently updated in 2024. Additional monitoring records from the current permit cycle. Chain of Custody Documents from Merit Laboratories from the past 6 months (December 2024 - May 2025) CLOSING CONFERENCE Provided U.S. EPA point of contact to the facility. Explained Inspection Report Process Confirm CBI status at end of closing conference. No CBI claimed. Discussed Preliminary Area(s) of Concern Areas of Concern: 1. NPDES Permit MI002737 Part 2.B.2, Test Procedures, requires that "test procedures for the analysis of pollutants shall conform to regulations promulgated pursuant to Section 304(h) of the Clean Water Act (40 CFR Part 136 - Guidelines Establishing Test Procedures for the Analysis of Pollutants), unless specified otherwise". pH is required to be measured immediately, within 15 minutes of taking the sample. The Facility did not record the time samples to be analyzed for pH were collected and analyzed, and therefore it cannot be certain that the samples were analyzed within the holding time. Page 6 of 7 Facility Name: Chelsea WWTP Facility Location: 680 McKinley St. Chelsea, MI 48118 Date of Inspection: May 13, 2025 APPENDICES AND ATTACHMENTS 1. Appendix A: Digital Image Log 2. Appendix B: NPDES Permit MI0020737 Page 7 of 7 Facility Name: Chelsea WWTP Facility Location: 680 McKinley St. Chelsea, MI 48118 Date of Inspection: May 13, 2025 APPENDIX A: DIGITAL IMAGE LOG Chelsea WWTP EPA Inspection 5/13/2025 All photos taken by Ellie DeMilt, Life Scientist, U.S. EPA Camera: Ricoh WG-6 1: R0010006 Description: Old chlorination system and clarifier, not currently in use. Location: Chelsea WWTP Camera Direction: West Date/Time: 5/13/2025, 2:31 PM ET Page 1 Chelsea WWTP 5/13/2025 2: R0010007 Description: Influent sample point, after screening process. Location: Inside screening building Camera Direction: Down Date/Time: 5/13/2025, 2:35 PM ET 3: R0010008 Description: Influent bar screen system Location: Inside screening building Camera Direction: Down Date/Time: 5/13/2025, 2:36 PM ET Page 2 Chelsea WWTP 5/13/2025 4: R0010009 Description: Grit is lifted from grit vortex below to dumpster on the right. Location: Inside screening building Camera Direction: West Date/Time: 5/13/2025, 2:38 PM ET 5: R0010010 Description: Influent composite sampler Location: "Dry side" of headworks Camera Direction: East Date/Time: 5/13/2025, 2:41 PM ET Page 3 Chelsea WWTP 5/13/2025 6: R0010011 Description: Magmeter and raw influent sample line. The raw influent sample line takes water that has passed through bar screen and grit vortex only to composite sampler. Location: "Dry side" of headworks Camera Direction: Up Date/Time: 5/13/2025, 2:46 PM 7: R0010012 Description: Selector tank mixer #1 and #2. Location: Chelsea WWTP Camera Direction: East Date/Time: 5/13/2025, 2:52 PM Page 4 Chelsea WWTP 5/13/2025 8: R0010013 Description: Portable pump, available in the case of a broken lift station. Location: Maintenance garage Camera Direction: East Date/Time: 5/13/2025, 2:56 PM ET 9: R0010014 Description: Operational clarifier #4 Location: Chelsea WWTP Camera Direction: East Date/Time: 5/13/2025, 2:58 PM ET Page 5 Chelsea WWTP 5/13/2025 10: R0010015 Description: DO Probe at Oxidation Ditch Location: Oxidation Ditch Camera Direction: North Date/Time: 5/13/2025, 3:01 PM ET 11: R0010016 Description: Mixed liquor sample point, and the oxidation ditch surrounding. Location: Oxidation Ditch Camera Direction: South Date/Time: 5/13/2025, 3:03 PM ET Page 6 Chelsea WWTP 5/13/2025 12: R0010017 Description: Pumps for RAS and waste (tan pipe and black pipe, respectively). The second sample point for mixed liquor is on the back wall. RAS in tan pipes is pumped back to selector tank. Waste in black pipes is pumped to above ground tank. Location: Pump room Camera Direction: South Date/Time: 5/13/2025, 3:07 PM ET Page 7 Chelsea WWTP 5/13/2025 13: R0010018 Description: Blue polymer barrels and SCADA system to right. Location: Thickener building Camera Direction: West Date/Time: 5/13/2025, 3:17 PM ET 14: R0010019 Description: Thickener building pumps Location: Thickener building Camera Direction: South Date/Time: 5/13/2025, 3:18 PM ET Page 8 Chelsea WWTP 5/13/2025 15: R0010020 Description: 3 Blowers, used for above-ground tank. 1 blower is active at a time. Location: Blower building Camera Direction: Northwest Date/Time: 5/13/2025, 3:20 PM ET 16: R0010021 Description: Floc tank Location: Chelsea WWTP Camera Direction: North Date/Time: 5/13/2025, 3:24 PM ET Page 9 Chelsea WWTP 5/13/2025 17: R0010022 Description: Alum tank and spigot Location: Chemical building Camera Direction: West Date/Time: 5/13/2025, 3:27 PM ET 18: R0010023 Description: UV disinfection channel. Underneath green covering along the walls, water runs through channel with UV bulbs above. Replacement bulbs hang on rack to right. Location: UV disinfection building Camera Direction: East Date/Time: 5/13/2025, 3:31 PM ET Page 10 Chelsea WWTP 5/13/2025 19: R0010024 Description: Post-disinfection composite sampler. Location: UV Disinfection building. Camera Direction: South Date/Time: 5/13/2025, 3:31 PM ET 20: R0010025 Description: Effluent grab sample location Location: Chelsea WWTP Camera Direction: Down Date/Time: 5/13/2025, 3:34 PM ET Page 11 Chelsea WWTP 5/13/2025 21: R0010026 Description: Outfall 001 at Letts Creek Location: Northwest perimeter of Chelsea WWTP. Camera Direction: West Date/Time: 5/13/2025, 3:36 PM ET 22: R0010027 Description: Equalization Basins Location: Chelsea WWTP Camera Direction: West Date/Time: 5/13/2025, 3:39 PM ET Page 12 Chelsea WWTP 5/13/2025 23: R0010028 Description: SCADA Screen Location: Chelsea WWTP Lab and Office Building Camera Direction: North Date/Time: 5/13/2025, 3:52 PM ET 24: R0010029 Description: SCADA Screen Location: Chelsea WWTP Lab and Office Building Camera Direction: North Date/Time: 5/13/2025, 3:52 PM ET Page 13 Chelsea WWTP 5/13/2025 Facility Name: Chelsea WWTP Facility Location: 680 McKinley St. Chelsea, MI 48118 Date of Inspection: May 13, 2025 APPENDIX B: NPDES PERMIT MI0020737 PERMIT NO. MI0020737 STATE OF MICHIGAN DEPARTMENT OF ENVIRONMENT, GREAT LAKES, AND ENERGY AUTHORIZATION TO DISCHARGE UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provisions of the federal Clean Water Act (federal Water Pollution Control Act, 33 U.S.C., Section 1251 et seq., as amended); Part 31, Water Resources Protection, of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended (NREPA); Part 41, Sewerage Systems, of the NREPA; and Michigan Executive Order 2019-06, City of Chelsea 305 South Main Street Suite 100 Chelsea, MI 48118 is authorized to discharge from the Chelsea Wastewater Treatment Plant located at 680 McKinley St Chelsea, MI 48118 designated as Chelsea WWTP to the receiving water named Letts Creek in accordance with effluent limitations, monitoring requirements, and other conditions set forth in this permit. This permit is based on a complete application submitted on August 13, 2021, and a settlement agreement executed on July 7, 2021. This permit takes effect on February 1, 2022. The provisions of this permit are severable. After notice and opportunity for a hearing, this permit may be modified, suspended, or revoked in whole or in part during its term in accordance with applicable laws and rules. On its effective date, this permit shall supersede National Pollutant Discharge Elimination System (NPDES) Permit No. MI0020737 (expiring October 1, 2008). This permit and the authorization to discharge shall expire at midnight on October 1, 2026. In order to receive authorization to discharge beyond the date of expiration, the permittee shall submit an application that contains such information, forms, and fees as are required by the Michigan Department of Environment, Great Lakes, and Energy (Department) by April 1, 2026. Issued: January 27, 2022. Original signed by Christine Alexander Christine Alexander, Manager Permits Section Water Resources Division PERMIT NO. MI0020737 Page 2 of 39 PERMIT FEE REQUIREMENTS In accordance with Section 324.3120 of the NREPA, the permittee shall make payment of an annual permit fee to the Department for each October 1 the permit is in effect regardless of occurrence of discharge. The permittee shall submit the fee in response to the Department's annual notice. Payment may be made electronically via the Department's MiWaters system. The MiWaters website is located at https://miwaters.deq.state.mi.us. Payment shall be submitted or postmarked by January 15 for notices mailed by December 1. Payment shall be submitted or postmarked no later than 45 days after receiving the notice for notices mailed after December 1. Annual Permit Fee Classification: Municipal Major 1 MGD to less than 10 MGD (Individual Permit) In accordance with Section 324.3132 of the NREPA, the permittee shall make payment of an annual biosolids land application fee to the Department if the permittee land applies biosolids. The permittee shall submit the fee in response to the Department's annual notice. Payment may be made electronically via the Department's MiWaters system. The MiWaters website is located at https://miwaters.deq.state.mi.us. Payment shall be submitted or postmarked no later than January 31 of each year for notices mailed by December 15. Payment shall be submitted or postmarked no later than 45 days after receiving the notice for notices mailed after December 15. CONTACT INFORMATION Unless specified otherwise, all contact with the Department required by this permit shall be made to the Jackson District Office of the Water Resources Division. The Jackson District Office is located at 301 East Louis Glick Highway, Jackson, MI 49201-1535, Telephone: 517-780-7690, Fax: 517-780-7855. CONTESTED CASE INFORMATION Any person who is aggrieved by this permit may file a sworn petition with the Michigan Administrative Hearing System within the Michigan Department of Licensing and Regulatory Affairs, c/o the Michigan Department of Environment, Great Lakes, and Energy, setting forth the conditions of the permit which are being challenged and specifying the grounds for the challenge. The Department of Licensing and Regulatory Affairs may reject any petition filed more than 60 days after issuance as being untimely. PERMIT NO. MI0020737 PART I Page 3 of 39 Section A. Limitations and Monitoring Requirements 1. Final Effluent Limitations, Monitoring Point 001A During the period beginning on the effective date of this permit and lasting until the expiration date of this permit, the permittee is authorized to discharge treated municipal wastewater from Monitoring Point 001A through Outfall 001. Outfall 001 discharges to Letts Creek at Latitude 42.32700, Longitude -84.01364. Such discharge shall be limited and monitored by the permittee as specified below. Parameter Flow Maximum Limits for Quantity or Loading Monthly 7-Day Daily Units (report) --- (report) MGD Carbonaceous Biochemical Oxygen Demand (CBOD5) May - November 62 150 (report) lbs/day December - April 390 620 (report) lbs/day Total Suspended Solids (TSS) May - November 310 460 (report) lbs/day December - April 460 690 (report) lbs/day Ammonia Nitrogen (as N) May - November 7.7 31 (report) lbs/day December - March 150 200 (report) lbs/day April 140 190 (report) lbs/day Total Phosphorus (as P) (see Part I.A.2.) Through October 1, 2023 4.6 --- (report) lbs/day Beginning October 2, 2023 9.5 April May 2.2 --- (report) lbs/day --- (report) lbs/day June 2.2 --- (report) lbs/day July 1.8 --- (report) lbs/day August 1.8 --- (report) lbs/day September 2.2 --- (report) lbs/day October - March 4.6 --- (report) lbs/day Beginning October 2, 2048 1.5 --- (report) lbs/day Maximum Limits for Quality or Concentration Monthly 7-Day Daily --- --- --- Units --- Monitoring Sample Frequency Type Daily Report Total Daily Flow 4 --- 10 mg/l 5x Weekly 24-Hr Composite 25 40 (report) mg/l 5x Weekly 24-Hr Composite 20 30 (report) mg/l 5x Weekly 24-Hr Composite 30 45 (report) mg/l 5x Weekly 24-Hr Composite 0.5 --- 2.0 mg/l 5x Weekly 24-Hr Composite 9.6 --- 13 mg/l 5x Weekly 24-Hr Composite 8.9 --- 12 mg/l 5x Weekly 24-Hr Composite 0.3 (report) (report) (report) (report) (report) (report) 0.3 0.2 --- (report) mg/l 5x Weekly 24-Hr Composite --- (report) mg/l 5x Weekly 24-Hr Composite --- (report) mg/l 5x Weekly 24-Hr Composite --- (report) mg/l 5x Weekly 24-Hr Composite --- (report) mg/l 5x Weekly 24-Hr Composite --- (report) mg/l 5x Weekly 24-Hr Composite --- (report) mg/l 5x Weekly 24-Hr Composite --- (report) mg/l 5x Weekly 24-Hr Composite --- (report) mg/l 5x Weekly 24-Hr Composite PERMIT NO. MI0020737 PART I Page 4 of 39 Section A. Limitations and Monitoring Requirements Parameter Fecal Coliform Bacteria Chloride Sulfate Total Silver Total Mercury Maximum Limits for Quantity or Loading Monthly 7-Day Daily Units --- --- --- --- --- --- --- --- --- --- --- --- 0.021 --- (report) lbs/day Maximum Limits for Quality or Concentration Monitoring Monthly 7-Day Daily Units Frequency 200 400 (report) cts/100 5x Weekly ml (report) --- (report) mg/l Monthly (report) --- (report) mg/l Monthly 1.4 --- (report) ug/l Monthly Sample Type Grab 24-Hr Composite 24-Hr Composite 24-Hr Composite Corrected (report) --- (report) lbs/day (report) --- (report) ng/l Quarterly Calculation Uncorrected --- --- --- --- --- --- (report) ng/l Quarterly Grab Field Duplicate --- --- --- --- --- --- (report) ng/l Quarterly Grab Field Blank --- --- --- --- --- --- (report) ng/l Quarterly Preparation Laboratory Method Blank Total Mercury --- --- 12-Month Rolling Avg 0.00003 --- --- --- --- --- 12-Month Rolling Avg --- lbs/day 2.0 --- (report) --- ng/l Quarterly Preparation ng/l Quarterly Calculation CBOD5 Minimum % Removal Minimum % Monthly Minimum % Daily December - April --- --- --- --- 85 --- (report) % Monthly Calculation TSS Minimum % Removal December - April --- --- --- --- 85 --- (report) % Monthly Calculation Minimum Daily Maximum Daily pH --- --- --- --- 6.5 --- 9.0 S.U. Daily Grab Dissolved Oxygen May - November --- --- --- --- 6.0 --- --- mg/l Daily Grab December - April --- --- --- --- 5.0 --- --- mg/l Daily Grab The following design flow was used in determining the above limitations, but is not to be considered a limitation or actual capacity: 1.85 MGD. a. Narrative Standard The receiving water shall contain no turbidity, color, oil films, floating solids, foams, settleable solids, or deposits as a result of this discharge in unnatural quantities which are or may become injurious to any designated use. PERMIT NO. MI0020737 PART I Page 5 of 39 Section A. Limitations and Monitoring Requirements b. Sampling Locations Samples for Carbonaceous Biochemical Oxygen Demand (CBOD5), Total Suspended Solids (TSS), Ammonia Nitrogen (as N), Total Phosphorus (as P), Chloride, Sulfate, and Total Silver shall be taken prior to disinfection. Samples for Fecal Coliform Bacteria, Total Mercury, pH, and Dissolved Oxygen shall be taken after disinfection. The Department may approve alternate sampling locations that are demonstrated by the permittee to be representative of the effluent. c. Quarterly Monitoring Quarterly samples shall be taken during the months of January, April, July, and October. If the facility does not discharge during these months, the permittee shall sample the next discharge occurring during the period in question. If the facility does not discharge during the period in question, a sample is not required for that period. For any month in which a sample is not taken, the permittee shall enter "*G" on the Discharge Monitoring Report (DMR). (For purposes of reporting on the Daily tab of the DMR, the permittee shall enter "*G" on the first day of the month only). d. Ultraviolet Disinfection It is understood that ultraviolet light will be used to achieve compliance with the fecal coliform limitations. If disinfection other than ultraviolet light will be used, the permittee shall notify the Department in accordance with Part II.C.12. of this permit. e. Total Phosphorus Requirements There presently exists a Total Maximum Daily Load (TMDL) approved by the United States Environmental Protection Agency (U.S. EPA) for total phosphorus in Ford and Belleville Lakes to ensure the attainment of water quality standards. The permittee shall be in compliance with the effluent limitations for total phosphorus as listed in Part I.A.1. of this permit. However, if a new TMDL is approved by U.S. EPA, the effluent limitations in Part I.A.1. of this permit may be modified, in accordance with applicable laws and rules. f. Percent Removal Requirements Monthly percent removal shall be calculated based on the monthly average effluent CBOD5 and TSS concentrations and the monthly average influent concentrations for approximately the same period. Daily percent removal shall be calculated based on the daily effluent CBOD5 and TSS concentrations and the daily influent concentrations for the same day. Reporting of Daily percent removal is only required on days on which an influent sample is obtained. g. Monitoring Frequency Reduction for Total Silver After the submittal of 12 months of data, the permittee may request, in writing, Department approval for a reduction in monitoring frequency for Total Silver. This request shall contain an explanation as to why the reduced monitoring is appropriate. Upon receipt of written approval and consistent with such approval, the permittee may reduce the monitoring frequency indicated in Part I.A.1. of this permit. The monitoring frequency for Total Silver shall not be reduced to less than annually. The Department may revoke the approval for reduced monitoring at any time upon notification to the permittee. h. Final Effluent Limitation for Total Mercury The final limit for total mercury is the Discharge Specific Level Currently Achievable (LCA) based on a multiple discharger variance from the WQBEL of 1.3 ng/l, pursuant to Rule 1103(9) of the Water Quality Standards. Compliance with the LCA shall be determined as a 12-month rolling average, the calculation of which may be done using blank-corrected sample results. The 12-month rolling average shall be determined by adding the present monthly average result to the preceding 11 monthly average results then dividing the sum by 12. For facilities with quarterly monitoring requirements for total mercury, quarterly monitoring shall be equivalent to three (3) months of monitoring in calculating the 12-month rolling average. Facilities that monitor more frequently than monthly for total mercury must determine the monthly average result, which is the sum of the results of all data obtained in a given month divided by the total number of samples taken, in order to calculate the 12-month rolling average. PERMIT NO. MI0020737 PART I Page 6 of 39 Section A. Limitations and Monitoring Requirements If the 12-month rolling average for any quarter is less than or equal to the LCA, the permittee will be considered to be in compliance for total mercury for that quarter, provided the permittee is also in full compliance with the Pollutant Minimization Program for Total Mercury, set forth in Part I.A.5. of this permit. After a minimum of 10 quarterly data points have been collected, the permittee may request a reduction in the monitoring frequency for total mercury. This request shall contain an explanation as to why the reduced monitoring is appropriate and shall be submitted to the Department. Upon receipt of written approval and consistent with such approval, the permittee may reduce the monitoring frequency for total mercury indicated in Part I.A.1. of this permit. The monitoring frequency shall not be reduced to less than annually. The Department may revoke the approval for reduced monitoring at any time upon notification to the permittee. i. Total Mercury Testing and Additional Reporting Requirements The analytical protocol for total mercury shall be in accordance with EPA Method 1631, Revision E, "Mercury in Water by Oxidation, Purge and Trap, and Cold Vapor Atomic Fluorescence Spectrometry," EPA-821-R-02-019, August 2002. The quantification level for total mercury shall be 0.5 ng/l, unless a higher level is appropriate because of sample matrix interference. Justification for higher quantification levels shall be submitted to the Department within 30 days of such determination. The use of clean technique sampling procedures is required unless the permittee can demonstrate to the Department that an alternate sampling procedure is representative of the discharge. Guidance for clean technique sampling is contained in EPA Method 1669, "Sampling Ambient Water for Trace Metals at EPA Water Quality Criteria Levels (Sampling Guidance)," EPA-821-R96-001, July 1996. Information and data documenting the permittee's sampling and analytical protocols and data acceptability shall be submitted to the Department upon request. In order to demonstrate compliance with EPA Method 1631E and EPA Method 1669, the permittee shall report, on the daily sheet, the analytical results of all field blanks and field duplicates collected in conjunction with each sampling event, as well as laboratory method blanks when used for blank correction. The permittee shall collect at least one (1) field blank and at least one (1) field duplicate per sampling event. If more than ten (10) samples are collected during a sampling event, the permittee shall collect at least one (1) additional field blank AND field duplicate for every ten (10) samples collected. Only field blanks or laboratory method blanks may be used to calculate a concentration lower than the actual sample analytical results (i.e., a blank correction). Only one (1) blank (field OR laboratory method) may be used for blank correction of a given sample result, and only if the blank meets the quality control acceptance criteria. If blank correction is not performed on a given sample analytical result, the permittee shall report under "Total Mercury - Corrected" the same value reported under "Total Mercury - Uncorrected." The field duplicate is for quality control purposes only; its analytical result shall not be averaged with the sample result. If, at any time during the life of the permit, a final effluent concentration sample result exceeds 1.3 ng/l, the permittee shall notify the Department at the time of its next regular monthly monitoring report and shall develop and implement a Pollutant Minimization Program for Total Mercury in accordance with Part I.A.5. of this permit. PERMIT NO. MI0020737 PART I Section A. Limitations and Monitoring Requirements Page 7 of 39 2. Schedule for Final Effluent Limits - Total Phosphorus A settlement agreement was reached between the permittee and the Department which specified a schedule by which total phosphorus limits shall be based in the permittee's NPDES permit. This schedule was separated into three tiers: Tier 1, Tier 2, and Tier 3. Final effluent limitations and monitoring requirements for each Tier have been incorporated into Part I.A.1. of this permit. Final effluent limitations in Tier 1 are based on the permittee's existing effluent quality and remain in effect through October 1, 2023. Final effluent limitations in Tier 2 are based on the waste load allocation identified in the September 2004 Total Maximum Daily Load for Phosphorus in Ford and Belleville Lakes and may require operational changes at the treatment plant. The Tier 2 effluent limitations take effect on October 2, 2023 and will remain in effect through October 1, 2048. Beginning October 2, 2048, Tier 3 final effluent limits will take effect. The Tier 3 limits are based on the waste load allocation identified in the November 2019 Total Maximum Daily Load for Phosphorus in Ford and Belleville Lakes. In addition to specifying final effluent limits for total phosphorus, Tier 3 included a compliance schedule the permittee must abide by to ensure they are able to meet the Tier 3 effluent limits on or before October 1, 2048. This compliance schedule has been incorporated below. The permittee shall achieve compliance with the Tier 3 final effluent limitations for total phosphorus for monitoring point 001A specified in Part I.A.1., in accordance with the following schedule. All submittals shall be to the Department. a. On or before October 1, 2040, the permittee shall complete a feasibility study to assess potential treatment technologies needed to comply with the Tier 3 limits unless the permittee already has the ability or planned ability to satisfy these limits. b. On or before October 1, 2043, the permittee shall commence a basis of design report for any necessary upgrades needed to ensure the treatment plant has the capability of meeting the Tier 3 limits. c. On or before October 1, 2044, the permittee shall submit a permit application to the Department pursuant to Part 41, Sewerage Systems, for review and approval for any necessary treatment plant upgrades identified in the basis of design. The permit application shall include the final basis of design report. d. On or before March 1, 2045, the permittee shall commence construction of said facilities that have been approved pursuant to Part 41 by the Department. e. On or before October 1, 2048, the permittee shall complete construction and attain the operational level necessary to meet the Tier 3 limits specified herein. In the event the permittee believes that implementation of treatment technologies needed to comply with the Tier 3 limits are economically infeasible, then the permittee may assess its financial capability for implementation of necessary treatment technologies using the U.S. EPA's Financial Capability Assessment or similar U.S. EPA financial capability matrix. If the U.S. EPA's Financial Capability Assessment matrix places the permittee in the "High Burden" category, then the permittee may submit a request for modification of the deadlines contained in the Tier 3 compliance schedule to the Department. PERMIT NO. MI0020737 PART I Page 8 of 39 Section A. Limitations and Monitoring Requirements 3. Quantification Levels and Analytical Methods for Selected Parameters Maximum acceptable quantification levels (QLs) are specified for selected parameters in the table below. These QLs apply to all monitoring conducted in compliance with this permit if and when the parameters specified herein are monitored. This includes monitoring conducted to meet the requirements of the application for permit reissuance. These QLs shall be considered the maximum acceptable unless a higher QL is appropriate because of sample matrix interference. Justification for higher QLs shall be submitted to the Department within 30 days of such determination. Where necessary to help ensure that the QLs specified herein can be achieved, analytical methods may also be specified in the table below. The sampling procedures, preservation and handling, and analytical protocol for all monitoring conducted in compliance with this permit, including monitoring conducted to meet the requirements of the application for permit reissuance, shall be in accordance with the methods specified herein, or in accordance with Part II.B.2. of this permit if no method is specified herein, unless an alternate method is approved by the Department. The Department will consider only alternate methods that meet the requirements of Part II.B.2. and whose QLs are at least as sensitive (i.e., low) as those specified herein. Not all QLs are expressed in the same units in the table below. The table is continued on the following page: Parameter 1,2-Diphenylhydrazine (as Azobenzene) 2,4,6-Trichlorophenol 2,4-Dinitrophenol 3,3'-Dichlorobenzidine 4-Chloro-3-Methylphenol 4,4'-DDD 4,4'-DDE 4,4'-DDT Acrylonitrile Aldrin Alpha-Endosulfan Alpha-Hexachlorocyclohexane Antimony, Total Arsenic, Total Barium, Total Benzidine Beryllium, Total Beta-Endosulfan Beta-Hexachlorocyclohexane Bis (2-Chloroethyl) Ether Bis (2-Ethylhexyl) Phthalate Boron, Total Cadmium, Total Chlordane Chloride Chromium, Hexavalent Chromium, Total Copper, Total Cyanide, Available Cyanide, Total QL Units Analytical Method 3.0 ug/l 5.0 ug/l 19 ug/l 1.5 ug/l 7.0 ug/l 0.01 ug/l 0.01 ug/l 0.01 ug/l 1.0 ug/l 0.01 ug/l 0.01 ug/l 0.01 ug/l 1 ug/l 1 ug/l 5 ug/l 0.1 ug/l 1 ug/l 0.01 ug/l 0.01 ug/l 1.0 ug/l 5.0 ug/l 20 ug/l 0.2 ug/l 0.01 ug/l 1.0 mg/l 5 ug/l 10 ug/l 1 ug/l 2 ug/l EPA Method OIA 1677 5 ug/l PERMIT NO. MI0020737 PART I Page 9 of 39 Section A. Limitations and Monitoring Requirements Parameter Delta-Hexachlorocyclohexane Dieldrin Di-N-Butyl Phthalate Endosulfan Sulfate Endrin Endrin Aldehyde Fluoranthene Heptachlor Heptachlor Epoxide Hexachlorobenzene Hexachlorobutadiene Hexachlorocyclopentadiene Hexachloroethane Lead, Total Lindane Lithium, Total Mercury, Total Nickel, Total PCB-1016 PCB-1221 PCB-1232 PCB-1242 PCB-1248 PCB-1254 PCB-1260 Pentachlorophenol Perfluorooctane sulfonate (PFOS) Perfluorooctanoic acid (PFOA) Phenanthrene Phosphorus (as P), Total Selenium, Total Silver, Total Strontium, Total Sulfate Sulfides, Dissolved Thallium, Total Toxaphene Vinyl Chloride Zinc, Total QL 0.01 0.01 9.0 0.01 0.01 0.01 1.0 0.01 0.01 0.01 0.01 0.01 5.0 1 0.01 10 0.5 5 0.1 0.1 0.1 0.1 0.1 0.1 0.1 1.8 2.0 0.002 1.0 10 1.0 0.5 1000 2.0 20 1 0.1 1.0 10 Units ug/l ug/l ug/l ug/l ug/l ug/l ug/l ug/l ug/l ug/l ug/l ug/l ug/l ug/l ug/l ug/l ng/l ug/l ug/l ug/l ug/l ug/l ug/l ug/l ug/l ug/l ng/l ug/l ug/l ug/l ug/l ug/l ug/l mg/l ug/l ug/l ug/l ug/l ug/l Analytical Method EPA Method 1631E ASTM D7979 or an isotope dilution method (sometimes referred to as Method 537 modified) ASTM D7979 or an isotope dilution method (sometimes referred to as Method 537 modified) PERMIT NO. MI0020737 PART I Page 10 of 39 Section A. Limitations and Monitoring Requirements 4. Additional Monitoring Requirements As a condition of this permit, the permittee shall monitor the discharge from monitoring point 001A for the constituents identified below. This monitoring is an application requirement of 40 CFR 122.21(j), effective December 2, 1999. Testing shall be conducted in August 2022, May 2023, March 2024, and October 2024. Grab samples shall be collected for available cyanide, total phenols, and the Perfluoroalkyl and Polyfluoroalkyl Substances and Volatile Organic Compounds identified below. For all other parameters, 24-hour composite samples shall be collected. Test species for whole effluent toxicity monitoring shall include fathead minnow and Ceriodaphnia dubia, for a total of four (4) tests on each species. Testing and reporting procedures shall follow procedures contained in EPA-821-R-02-013, "Short-term Methods for Estimating the Chronic Toxicity of Effluents and Receiving Waters to Freshwater Organisms" (Fourth Edition). When the effluent ammonia nitrogen (as N) concentration is greater than 3 mg/l, the pH of the toxicity test shall be maintained at a pH of 8 Standard Units. Acute and chronic toxicity data shall be included in the reporting for the toxicity test results. Toxicity test data acceptability is contingent upon the validation of the test method by the testing laboratory. Such validation shall be submitted to the Department upon request. The permittee shall report to the Department any whole effluent toxicity test results greater than 1.0 TUA or 1.0 TUC within five (5) days of becoming aware of the result. The analytical protocol for total mercury shall be in accordance with EPA Method 1631, Revision E, "Mercury in Water by Oxidation, Purge and Trap, and Cold Vapor Atomic Fluorescence Spectrometry," EPA-821-R-02-019, August 2002. The use of clean technique sampling procedures is required unless the permittee can demonstrate to the Department that an alternative sampling procedure is representative of the discharge. Guidance for clean technique sampling is contained in EPA Method 1669, "Sampling Ambient Water for Trace Metals at EPA Water Quality Criteria Levels," EPA-821-R96-001, July 1996. Information and data documenting the permittee's sampling and analytical protocols and data acceptability shall be submitted to the Department upon request. The results of such additional monitoring shall be submitted with the application for reissuance (see the cover page of this permit for the application due date). The permittee shall notify the Department within 14 days of completing the monitoring for each month specified above in accordance with Part II.C.5. Additional reporting requirements are specified in Part II.C.11. If, upon review of the analysis, it is determined that additional requirements are needed to protect the receiving waters in accordance with applicable water quality standards, the permit may then be modified by the Department in accordance with applicable laws and rules. Whole Effluent Toxicity acute toxicity chronic toxicity Hardness calcium carbonate Perfluoroalkyl and Polyfluoroalkyl Substances Perfluorooctane Sulfonate (PFOS) Perfluorooctanoic Acid (PFOA) Metals (Total Recoverable), Cyanide and Total Phenols antimony arsenic beryllium cadmium copper lead total phenols available cyanide chromium thallium nickel zinc selenium PERMIT NO. MI0020737 PART I Page 11 of 39 Section A. Limitations and Monitoring Requirements Volatile Organic Compounds acrolein carbon tetrachloride 2-chloroethylvinyl ether 1,2-dichloroethane 1,3-dichloropropylene methylene chloride 1,1,1-trichloroethane acrylonitrile chlorobenzene chloroform trans-1,2-dichloroethylene ethylbenzene 1,1,2,2-tetrachloroethane 1,1,2-trichloroethane benzene chlorodibromomethane dichlorobromomethane 1,1-dichloroethylene methyl bromide tetrachloroethylene trichloroethylene bromoform chloroethane 1,1-dichloroethane 1,2-dichloropropane methyl chloride toluene vinyl chloride Acid-Extractable Compounds 4-chloro-3-methylphenol 2-chlorophenol 4,6-dinitro-o-cresol 2,4-dinitrophenol pentachlorophenol phenol 2,4-dichlorophenol 2-nitrophenol 2,4,6-trichlorophenol 2,4-dimethylphenol 4-nitrophenol Base/Neutral Compounds acenaphthene benzo(a)anthracene benzo(k)fluoranthene chloroisopropyl)ether bis(2-ethylhexyl)phthalate 4-chlorophenyl phenyl ether dibenzo(a,h)anthracene 3,3'-dichlorobenzidine 2,6-dinitrotoluene hexachlorobenzene indeno(1,2,3-cd)pyrene n-nitrosodi-n-propylamine pyrene acenaphthylene benzo(a)pyrene bis(2-chloroethoxy)methane 4-bromophenyl phenyl ether chrysene 1,2-dichlorobenzene diethyl phthalate 1,2-diphenylhydrazine hexachlorobutadiene isophorone n-nitrosodimethylamine 1,2,4-trichlorobenzene anthracene 3,4-benzofluoranthene bis(2-chloroethyl)ether butylbenzyl phthalate di-n-butyl phthalate 1,3-dichlorobenzene dimethyl phthalate fluoranthene hexachlorocyclopentadiene naphthalene n-nitrosodiphenylamine benzidine benzo(ghi)perylene bis(2- 2-chloronaphthalene di-n-octyl phthalate 1,4-dichlorobenzene 2,4-dinitrotoluene fluorene hexachloroethane nitrobenzene phenanthrene 5. Pollutant Minimization Program for Total Mercury This condition is required, upon written notification by the Department or if the permittee notifies the Department that a final effluent concentration sample result of total mercury has exceeded 1.3 ng/l, as specified in Part I.A.1. The goal of the Pollutant Minimization Program is to maintain the effluent concentration of total mercury at or below 1.3 ng/l. Within 90 days of written notification by the Department or after the permittee notifies the Department that a final effluent concentration sample result of total mercury has exceeded 1.3 ng/l, the permittee shall submit to the Department an approvable Pollutant Minimization Program for mercury designed to proceed toward the goal. The Pollutant Minimization Program shall be implemented upon approval by the Department. The Pollutant Minimization Program shall include the following: a. an annual review and semi-annual monitoring of potential sources of mercury entering the wastewater collection system; b. a program for quarterly monitoring of influent and periodic monitoring of sludge for mercury; and c. implementation of reasonable, cost-effective control measures when sources of mercury are discovered. Factors to be considered include significance of sources, economic considerations, and technical and treatability considerations. PERMIT NO. MI0020737 PART I Page 12 of 39 Section A. Limitations and Monitoring Requirements On or before March 31 of each year following Department approval of the Pollutant Minimization Program, the permittee shall submit a status report for the previous calendar year to the Department that includes 1) the monitoring results for the previous year, 2) an updated list of potential mercury sources, and 3) a summary of all actions taken to reduce or eliminate identified sources of mercury. Any information generated as a result of the Pollutant Minimization Program set forth in this permit may be used to support a request to modify the approved program or to demonstrate that the Pollutant Minimization Program requirement has been completed satisfactorily. A request for modification of the approved program and supporting documentation shall be submitted in writing to the Department for review and approval. The Department may approve modifications to the approved program (approval of a program modification does not require a permit modification), including a reduction in the frequency of the requirements under items a. and b. above. This permit may be modified in accordance with applicable laws and rules to include additional mercury conditions and/or limitations as necessary. 6. Untreated or Partially Treated Sewage Discharge Reporting and Testing Requirements In accordance with Section 324.3112a of the NREPA, if untreated or partially treated sewage is directly or indirectly discharged from a sewer system onto land or into the waters of the state, the permittee shall immediately, but not more than 24 hours after the discharge begins, notify local health departments, a daily newspaper of general circulation in the county in which the permittee is located, and a daily newspaper of general circulation in the county or counties in which the municipalities whose waters may be affected by the discharge are located, that the discharge is occurring. The permittee shall also notify the Department via its MiWaters system on the form entitled "Report of Discharge (CSO\SSO\RTB)." The MiWaters website is located at https://miwaters.deq.state.mi.us. At the conclusion of the discharge, the permittee shall make all such notifications specified in, and in accordance with, Section 324.3112a of the NREPA, and shall notify the Department via its MiWaters system on the form entitled "Report of Discharge (CSO\SSO\RTB)." The permittee shall also annually contact municipalities, including the superintendent of a public drinking water supply with potentially affected intakes, whose waters may be affected by the permittee's discharge of untreated or partially treated sewage, and if those municipalities wish to be notified in the same manner as specified above, the permittee shall provide such notification. Additionally, in accordance with Section 324.3112a of the NREPA, each time a discharge of untreated or partially treated sewage occurs, the permittee shall test the affected waters for Escherichia coli to assess the risk to the public health as a result of the discharge and shall provide the test results to the affected local county health departments and to the Department. The results of this testing shall be submitted to the Department via MiWaters as part of the notification specified above, or, if the results are not yet available, submitted as soon as they become available. This testing is not required if it has been waived by the local health department, or if the discharge(s) did not affect surface waters. The testing shall be done at locations specified by each affected local county health department but shall not exceed 10 tests for each separate discharge event. The affected local county health department may waive this testing requirement if it determines that such testing is not needed to assess the risk to the public health as a result of the discharge event. Permittees accepting sanitary or municipal sewage from other sewage collection systems are encouraged to notify the owners of those systems of the above reporting and testing requirements. PERMIT NO. MI0020737 PART I Page 13 of 39 Section A. Limitations and Monitoring Requirements 7. Facility Contact The "Facility Contact" was specified in the application. The permittee may replace the facility contact at any time, and shall notify the Department in writing within 10 days after replacement (including the name, address and telephone number of the new facility contact). a. The facility contact shall be (or a duly authorized representative of this person): for a corporation, a principal executive officer of at least the level of vice president; or a designated representative if the representative is responsible for the overall operation of the facility from which the discharge originates, as described in the permit application or other NPDES form, for a partnership, a general partner, for a sole proprietorship, the proprietor, or for a municipal, state, or other public facility, either a principal executive officer, the mayor, village president, city or village manager or other duly authorized employee. b. A person is a duly authorized representative only if: the authorization is made in writing to the Department by a person described in paragraph a. of this section; and the authorization specifies either an individual or a position having responsibility for the overall operation of the regulated facility or activity such as the position of plant manager, operator of a well or a well field, superintendent, position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the facility (a duly authorized representative may thus be either a named individual or any individual occupying a named position). Nothing in this section releases the permittee from properly submitting reports and forms as required by law. 8. Monthly Operating Reports Part 41 of Act 451 of 1994 as amended, specifically Section 324.4106 and associated R 299.2953, requires that the permittee file with the Department, on forms prescribed by the Department, operating reports showing the effectiveness of the treatment facility operation and the quantity and quality of liquid wastes discharged into waters of the state. Within 30 days of the effective date of this permit, the permittee shall submit to the Department a revised treatment facility monitoring program to address monitoring requirement changes reflected in this permit, or submit justification explaining why monitoring requirement changes reflected in this permit do not necessitate revisions to the treatment facility monitoring program. The permittee shall implement the revised treatment facility monitoring program upon approval from the Department. Applicable forms and guidance are available on the Department's web site at https://www.michigan.gov/egle/0,9429,7-135-3313_71618_44117---,00.html. The permittee may use alternate forms if they are consistent with the approved treatment facility monitoring program. Unless the Department provides written notification to the permittee that monthly submittal of operating reports is required, operating reports that result from implementation of the approved treatment facility monitoring program shall be maintained on site for a minimum of three (3) years and shall be made available to the Department for review upon request. PERMIT NO. MI0020737 PART I Page 14 of 39 Section A. Limitations and Monitoring Requirements 9. Asset Management The permittee shall at all times properly operate and maintain all facilities (i.e., the sewer system and treatment works as defined in Part 41 of the NREPA), and control systems installed or used by the permittee to operate the sewer system and treatment works and achieve and maintain compliance with the conditions of this permit (also see Part II.D.3 of this permit). The requirements of an Asset Management Program function to achieve the goals of effective performance, adequate funding, and adequate operator staffing and training. Asset management is a planning process for ensuring that optimum value is gained for each asset and that financial resources are available to rehabilitate and replace those assets when necessary. Asset management is centered on a framework of five (5) core elements: the current state of the assets; the required sustainable level of service; the assets critical to sustained performance; the minimum life-cycle costs; and the best long-term funding strategy. a. Asset Management Program Requirements On or before August 1, 2022, the permittee shall submit to the Department an Asset Management Plan for review and approval. An approvable Asset Management Plan shall contain a schedule for the development and implementation of an Asset Management Program that meets the requirements outlined below in 1) - 4). A copy of any Asset Management Program requirements already completed by the permittee should be submitted as part of the Asset Management Plan. Upon approval by the Department the permittee shall implement the Asset Management Plan. (The permittee may choose to include the Operation and Maintenance Manual required under Part II.C.14. of this permit as part of their Asset Management Program). 1) Maintenance Staff. The permittee shall provide an adequate staff to carry out the operation, maintenance, repair, and testing functions required to ensure compliance with the terms and conditions of this permit. The level of staffing needed shall be determined by taking into account the work involved in operating the sewer system and treatment works, planning for and conducting maintenance, and complying with this permit. 2) Collection System Map. The permittee shall complete a map of the sewer collection system it owns and operates. The map shall be of sufficient detail and at a scale to allow easy interpretation. The collection system information shown on the map shall be based on current conditions and shall be kept up-to-date and available for review by the Department. Note: Items below referencing combined sewer systems are not applicable to separate sewer systems. Such map(s) shall include but not be limited to the following: a) all sanitary sewer lines and related manholes; b) all combined sewer lines, related manholes, catch basins and CSO regulators; c) all known or suspected connections between the sanitary sewer or combined sewer and storm drain systems; d) all outfalls, including the treatment plant outfall(s), combined sewer treatment facility outfalls, untreated CSOs, and any known SSOs; e) all pump stations and force mains; f) the wastewater treatment facility(ies), including all treatment processes; g) all surface waters (labeled); h) other major appurtenances such as inverted siphons and air release valves; PERMIT NO. MI0020737 PART I Page 15 of 39 Section A. Limitations and Monitoring Requirements i) a numbering system which uniquely identifies manholes, catch basins, overflow points, regulators and outfalls; j) the scale and a north arrow; k) the pipe diameter, date of installation, type of material, distance between manholes, and the direction of flow; and l) the manhole interior material, rim elevation (optional), and invert elevations. 3) Inventory and assessment of fixed assets. The permittee shall complete an inventory and assessment of operations-related fixed assets including portions of the collection system owned and operated by the permittee. Fixed assets are assets that are normally stationary (e.g., pumps, blowers, buildings, manholes, and sewer lines). The inventory and assessment shall be based on current conditions and shall be kept up-to-date and available for review by the Department. a) The fixed asset inventory shall include the following: (1) a brief description of the fixed asset, its design capacity (e.g., pump: 120 gallons per minute), its level of redundancy, and its tag number if applicable; (2) the location of the fixed asset; (3) the year the fixed asset was installed; (4) the present condition of the fixed asset (e.g., excellent, good, fair, poor); and (5) the current fixed asset (replacement) cost in dollars for year specified in accordance with approved schedules; b) The fixed asset assessment shall include a "Business Risk Evaluation" that combines the probability of failure of the fixed asset and the criticality of the fixed asset, as follows: (1) Rate the probability of failure of the fixed asset on a scale of 1-5 (low to high) using criteria such as maintenance history, failure history, and remaining percentage of useful life (or years remaining); (2) Rate the criticality of the fixed asset on a scale of 1-5 (low to high) based on the consequence of failure versus the desired level of service for the facility; and (3) Compute the Business Risk Factor of the fixed asset by multiplying the failure rating from (1) by the criticality rating from (2). 4) Operation, Maintenance & Replacement (OM&R) Budget and Rate Sufficiency for the Sewer System and Treatment Works. The permittee shall complete an assessment of its user rates and replacement fund, including the following: a) beginning and end dates of fiscal year; b) name of the department, committee, board, or other organization that sets rates for the operation of the sewer system and treatment works; c) amount in the permittee's replacement fund in dollars for year specified in accordance with approved schedules; PERMIT NO. MI0020737 PART I Page 16 of 39 Section A. Limitations and Monitoring Requirements d) replacement fund strategy of all assets with a useful life of 20 years or less; e) expenditures for maintenance, corrective action and capital improvement taken during the fiscal year; f) OM&R budget for the fiscal year; and g) rate calculation demonstrating sufficient revenues to cover OM&R expenses. If the rate calculation shows there are insufficient revenues to cover OM&R expenses, the permittee shall document, within three (3) fiscal years after submittal of the Asset Management Plan, that there is at least one rate adjustment that reduces the revenue gap by at least 10 percent. The permittee may prepare and submit an alternate plan, subject to Department approval, for addressing the revenue gap. The ultimate goal of the Asset Management Program is to ensure sufficient revenues to cover OM&R expenses. b. Annual Reporting The permittee shall develop a written report that summarizes asset management activities completed during the previous year and planned for the upcoming year. The written report shall be submitted to the Department on or before August 1 of each year. The written report shall include: 1) a description of the staffing levels maintained during the year; 2) a description of inspections and maintenance activities conducted and corrective actions taken during the previous year; 3) expenditures for collection system maintenance activities, treatment works maintenance activities, corrective actions, and capital improvement during the previous year; 4) a summary of assets/areas identified for inspection/action (including capital improvement) in the upcoming year based on the five (5) core elements and the Business Risk Factors computed in accordance with condition a.3)b)(3) above; 5) a maintenance budget and capital improvement budget for the upcoming year that take into account implementation of an effective Asset Management Program that meets the five (5) core elements; 6) an updated asset inventory based on the original submission; and 7) an updated OM&R budget with an updated rate schedule that includes the amount of insufficient revenues, if any. PERMIT NO. MI0020737 PART I Page 17 of 39 Section A. Limitations and Monitoring Requirements 10. Discharge Monitoring Report - Quality Assurance Study Program The permittee shall participate in the Discharge Monitoring Report - Quality Assurance (DMR-QA) Study Program. The purpose of the DMR-QA Study Program is to annually evaluate the proficiency of all in-house and/or contract laboratory(ies) that perform, on behalf of the facility authorized to discharge under this permit, the analytical testing required under this permit. In accordance with Section 308 of the Clean Water Act (33 U.S.C. 1318); and R 323.2138 and R 323.2154 of Part 21, Wastewater Discharge Permits, promulgated under Part 31 of the NREPA, participation in the DMR-QA Study Program is required for all major facilities, and for minor facilities selected for participation by the Department. Annually and in accordance with DMR-QA Study Program requirements and submittal due dates, the permittee shall submit to the Michigan DMR-QA Study Program state coordinator all documentation required by the DMRQA Study. DMR-QA Study Program participation is required only for the analytes required under this permit and only when those analytes are also identified in the DMR-QA Study. If the permitted facility's status as a major facility should change, participation in the DMR-QA Study Program may be reevaluated. Questions concerning participation in the DMR-QA Study Program should be directed to the Michigan DMR-QA Study Program state coordinator. All forms and instructions required for participation in the DMR-QA Study Program, including submittal due dates and state coordinator contact information, can be found at http://www.epa.gov/compliance/discharge-monitoring-report-quality-assurance-study-program. 11. Continuous Monitoring If continuous monitoring equipment is used and becomes temporarily inoperable, the permittee shall manually obtain a minimum of three (3) equally spaced grab samples/readings within each 24-hour period for the affected parameter(s). On such days, in the comment field on the Daily tab of the DMR, the permittee shall indicate "continuous monitoring system inoperable," the date on which the system is expected to become operable again, and the number of samples/readings obtained during each 24-hour period. PERMIT NO. MI0020737 PART I Section B. Storm Water Pollution Prevention Section B. Storm Water Pollution Prevention is not required for this permit. Page 18 of 39 PERMIT NO. MI0020737 PART I Page 19 of 39 Section C. Industrial Waste Pretreatment Program 1. Industrial Waste Pretreatment Program It is understood that the permittee does not receive the discharge of any type or quantity of substance which may cause interference with the operation of the treatment works; and, therefore, the permittee is not required to immediately develop an industrial pretreatment program in accordance with Section 307 of the Federal Water Pollution Control Act. The permittee is required to comply with Section 307 of the Federal Water Pollution Control Act upon accepting any such discharge for treatment. The permittee is required to notify the Department within 30 days if any user discharges or proposes to discharge such wastes to the permittee for treatment. Under no circumstances shall the permittee allow introduction of the following wastes into the waste treatment system: a. pollutants which cause pass-through or interference; b. pollutants which create a fire hazard or explosion hazard in the sewerage system, including, but not limited to waste streams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees Centigrade using the test methods specified in 40 CFR 261.21; c. pollutants which will cause corrosive structural damage to the sewerage system; but in no case, discharges with pH less than 5.0, unless the works is specifically designed to accommodate such discharges; d. solid or viscous pollutants in amounts which will cause obstruction to the flow in the sewerage system resulting in interference; e. any pollutant, including oxygen demanding pollutants (BOD, etc.) released in a discharge at a flow rate and/or pollutant concentration which will cause interference with the treatment plant; f. heat in amounts which will inhibit biological activity in the treatment plant resulting in interference; but in no case, heat in such quantities that the temperature at the treatment plant exceeds 40 degrees Centigrade (104 degrees Fahrenheit) unless the Department, upon request of the permittee, approves alternate temperature limits; g. pollutants which result in the presence of toxic gases, vapors or fumes within the sewerage system in a quantity that may cause acute worker health and safety problems; and h. any trucked or hauled pollutants, except at discharge points designated by the permittee. If information is gained by the Department that the permittee receives or is about to receive industrial wastes, then this permit may be modified in accordance with applicable laws and rules to incorporate the requirements of Section 307 of the Federal Water Pollution Control Act. PERMIT NO. MI0020737 PART I Page 20 of 39 Section D. Residuals Management Program 1. Residuals Management Program for Land Application of Biosolids The permittee is authorized to land-apply bulk biosolids or prepare bulk biosolids for land application in accordance with the permittee's approved Residuals Management Program (RMP) approved on April 11, 1986, and approved modifications thereto, and the requirements established in R 323.2401 through R 323.2418 of the Michigan Administrative Code (Part 24 Rules). The approved RMP, and any approved modifications thereto, are enforceable requirements of this permit. Incineration, landfilling and other residual disposal activities shall be conducted in accordance with Part II.D.7. of this permit. The Part 24 Rules can be obtained via the internet (http://www.michigan.gov/egle/ and near the top of the screen click on Water, then towards the bottom right of the screen click on Permits, Wastewater, Biosolids, then click on Biosolids Laws and Rules Information which is under the Laws & Rules banner in the center of the screen). a. Annual Report On or before October 30 of each year, the permittee shall submit an annual report to the Department for the previous fiscal year of October 1 through September 30. The report shall be submitted electronically via the Department's MiWaters system at https://miwaters.deq.state.mi.us. At a minimum, the report shall contain: 1) a certification that current residuals management practices are in accordance with the approved RMP, or a proposal for modification to the approved RMP; and 2) a completed Annual Report Form for Reporting Biosolids, available at https://miwaters.deq.state.mi.us. b. Modifications to the Approved RMP Prior to implementation of modifications to the RMP, the permittee shall submit proposed modifications to the Department for approval. The approved modification shall become effective upon the date of approval. Upon written notification, the Department may impose additional requirements and/or limitations to the approved RMP as necessary to protect public health and the environment from any adverse effect of a pollutant in the biosolids. c. Record Keeping Records required by the Part 24 Rules shall be kept for a minimum of five (5) years. However, the records documenting cumulative loading for sites subject to cumulative pollutant loading rates shall be kept as long as the site receives biosolids. d. Contact Information RMP-related submittals shall be made to the Department. PERMIT NO. MI0020737 PART II Page 21 of 39 Section A. Definitions Part II may include terms and /or conditions not applicable to discharges covered under this permit. Acute toxic unit (TUA) means 100/LC50 where the LC50 is determined from a whole effluent toxicity (WET) test which produces a result that is statistically or graphically estimated to be lethal to 50% of the test organisms. Annual monitoring frequency refers to a calendar year beginning on January 1 and ending on December 31. When required by this permit, an analytical result, reading, value or observation shall be reported for that period if a discharge occurs during that period. Authorized public agency means a state, local, or county agency that is designated pursuant to the provisions of Section 9110 of Part 91, Soil and Sedimentation Control, of the NREPA, to implement soil erosion and sedimentation control requirements with regard to construction activities undertaken by that agency. Best management practices (BMPs) means structural devices or nonstructural practices that are designed to prevent pollutants from entering into storm water, to direct the flow of storm water, or to treat polluted storm water. Bioaccumulative chemical of concern (BCC) means a chemical which, upon entering the surface waters, by itself or as its toxic transformation product, accumulates in aquatic organisms by a human health bioaccumulation factor of more than 1000 after considering metabolism and other physiochemical properties that might enhance or inhibit bioaccumulation. The human health bioaccumulation factor shall be derived according to R 323.1057(5). Chemicals with half-lives of less than 8 weeks in the water column, sediment, and biota are not BCCs. The minimum bioaccumulation concentration factor (BAF) information needed to define an organic chemical as a BCC is either a field-measured BAF or a BAF derived using the biota-sediment accumulation factor (BSAF) methodology. The minimum BAF information needed to define an inorganic chemical as a BCC, including an organometal, is either a field-measured BAF or a laboratory-measured bioconcentration factor (BCF). The BCCs to which these rules apply are identified in Table 5 of R 323.1057 of the Water Quality Standards. Biosolids are the solid, semisolid, or liquid residues generated during the treatment of sanitary sewage or domestic sewage in a treatment works. This includes, but is not limited to, scum or solids removed in primary, secondary, or advanced wastewater treatment processes and a derivative of the removed scum or solids. Bulk biosolids means biosolids that are not sold or given away in a bag or other container for application to a lawn or home garden. CAFO means concentrated animal feeding operation. Certificate of Coverage (COC) is a document, issued by the Department, which authorizes a discharge under a general permit. Chronic toxic unit (TUC ) means 100/MATC or 100/IC25, where the maximum acceptable toxicant concentration (MATC) and IC25 are expressed as a percent effluent in the test medium. Class B biosolids refers to material that has met the Class B pathogen reduction requirements or equivalent treatment by a Process to Significantly Reduce Pathogens (PSRP) in accordance with the Part 24 Rules, Land Application of Biosolids, promulgated under Part 31 of the NREPA. Processes include aerobic digestion, composting, anaerobic digestion, lime stabilization and air drying. Combined sewer system is a sewer system in which storm water runoff is combined with sanitary wastes. PERMIT NO. MI0020737 PART II Page 22 of 39 Section A. Definitions Composite sample is a sample collected over time, either by continuous sampling or by mixing discrete samples. A composite sample represents the average wastewater characteristics present during the compositing period. Various methods for compositing are available and are based on either time or flowproportioning, the choice of which will depend on the permit requirements. Continuous monitoring refers to sampling/readings that occur at regular and consistent intervals throughout a 24-hour period and at a frequency sufficient to capture data that are representative of the discharge. The maximum acceptable interval between samples/readings shall be one (1) hour. Daily concentration FOR PARAMETERS OTHER THAN pH, DISSOLVED OXYGEN, TEMPERATURE, AND CONDUCTIVITY - Daily concentration is the sum of the concentrations of the individual samples of a parameter taken within a calendar day divided by the number of samples taken within that calendar day. The daily concentration will be used to determine compliance with any maximum and minimum daily concentration limitations. For guidance and examples showing how to perform calculations using results below quantification levels, see the document entitled "Reporting Results Below Quantification," available at https://www.michigan.gov/documents/deq/wrdnpdes-results-quantification_620791_7.pdf. FOR pH, DISSOLVED OXYGEN, TEMPERATURE, AND CONDUCTIVITY - The daily concentration used to determine compliance with maximum daily pH, temperature, and conductivity limitations is the highest pH, temperature, and conductivity readings obtained within a calendar day. The daily concentration used to determine compliance with minimum daily pH and dissolved oxygen limitations is the lowest pH and dissolved oxygen readings obtained within a calendar day. Daily loading is the total discharge by weight of a parameter discharged during any calendar day. This value is calculated by multiplying the daily concentration by the total daily flow and by the appropriate conversion factor. The daily loading will be used to determine compliance with any maximum daily loading limitations. When required by the permit, report the maximum calculated daily loading for the month in the "MAXIMUM" column under "QUANTITY OR LOADING" on the DMRs. Daily monitoring frequency refers to a 24-hour day. When required by this permit, an analytical result, reading, value or observation shall be reported for that period if a discharge occurs during that period. Department means the Michigan Department of Environment, Great Lakes, and Energy. Detection level means the lowest concentration or amount of the target analyte that can be determined to be different from zero by a single measurement at a stated level of probability. Discharge means the addition of any waste, waste effluent, wastewater, pollutant, or any combination thereof to any surface water of the state. EC50 means a statistically or graphically estimated concentration that is expected to cause 1 or more specified effects in 50% of a group of organisms under specified conditions. Fecal coliform bacteria monthly FOR WWSLs THAT COLLECT AND STORE WASTEWATER AND ARE AUTHORIZED TO DISCHARGE ONLY IN THE SPRING AND/OR FALL ON AN INTERMITTENT BASIS - Fecal coliform bacteria monthly is the geometric mean of all daily concentrations determined during a discharge event. Days on which no daily concentration is determined shall not be used to determine the calculated monthly value. The calculated monthly value will be used to determine compliance with the maximum monthly fecal coliform bacteria limitations. When required by the permit, report the calculated monthly value in the "AVERAGE" column under "QUALITY OR CONCENTRATION" on the DMR. If the period in which the discharge event occurred was partially in each of two months, the calculated monthly value shall be reported on the DMR of the month in which the last day of discharge occurred. PERMIT NO. MI0020737 PART II Page 23 of 39 Section A. Definitions FOR ALL OTHER DISCHARGES - Fecal coliform bacteria monthly is the geometric mean of all daily concentrations determined during a reporting month. Days on which no daily concentration is determined shall not be used to determine the calculated monthly value. The calculated monthly value will be used to determine compliance with the maximum monthly fecal coliform bacteria limitations. When required by the permit, report the calculated monthly value in the "AVERAGE" column under "QUALITY OR CONCENTRATION" on the DMR. Fecal coliform bacteria 7-day FOR WWSLs THAT COLLECT AND STORE WASTEWATER AND ARE AUTHORIZED TO DISCHARGE ONLY IN THE SPRING AND/OR FALL ON AN INTERMITTENT BASIS - Fecal coliform bacteria 7-day is the geometric mean of the daily concentrations determined during any 7 consecutive days of discharge during a discharge event. If the number of daily concentrations determined during the discharge event is less than 7 days, the number of actual daily concentrations determined shall be used for the calculation. Days on which no daily concentration is determined shall not be used to determine the value. The calculated 7-day value will be used to determine compliance with the maximum 7-day fecal coliform bacteria limitations. When required by the permit, report the maximum calculated 7-day geometric mean value for .the month in the "MAXIMUM" column under "QUALITY OR CONCENTRATION" on the DMRs. If the 7-day period was partially in each of two months, the value shall be reported on the DMR of the month in which the last day of discharge occurred. FOR ALL OTHER DISCHARGES - Fecal coliform bacteria 7-day is the geometric mean of the daily concentrations determined during any 7 consecutive days in a reporting month. If the number of daily concentrations determined is less than 7, the actual number of daily concentrations determined shall be used for the calculation. Days on which no daily concentration is determined shall not be used to determine the value. The calculated 7-day value will be used to determine compliance with the maximum 7-day fecal coliform bacteria limitations. When required by the permit, report the maximum calculated 7-day geometric mean for the month in the "MAXIMUM" column under "QUALITY OR CONCENTRATION" on the DMRs. The first calculation shall be made on day 7 of the reporting month, and the last calculation shall be made on the last day of the reporting month. Flow-proportioned composite sample is a composite sample in which either a) the volume of each portion of the composite is proportional to the effluent flow rate at the time that portion is obtained; or b) a constant sample volume is obtained at varying time intervals proportional to the effluent flow rate. General permit means an NPDES permit authorizing a category of similar discharges. Geometric mean is the average of the logarithmic values of a base 10 data set, converted back to a base 10 number. Grab sample is a single sample taken at neither a set time nor flow. IC25 means the toxicant concentration that would cause a 25% reduction in a nonquantal biological measurement for the test population. Illicit connection means a physical connection to a municipal separate storm sewer system that primarily conveys non-storm water discharges other than uncontaminated groundwater into the storm sewer; or a physical connection not authorized or permitted by the local authority, where a local authority requires authorization or a permit for physical connections. Illicit discharge means any discharge to, or seepage into, a municipal separate storm sewer system that is not composed entirely of storm water or uncontaminated groundwater. Illicit discharges include non-storm water discharges through pipes or other physical connections; dumping of motor vehicle fluids, household hazardous wastes, domestic animal wastes, or litter; collection and intentional dumping of grass clippings or leaf litter; or unauthorized discharges of sewage, industrial waste, restaurant wastes, or any other non-storm water waste directly into a separate storm sewer. PERMIT NO. MI0020737 PART II Page 24 of 39 Section A. Definitions Individual permit means a site-specific NPDES permit. Inlet means a catch basin, roof drain, conduit, drain tile, retention pond riser pipe, sump pump, or other point where storm water or wastewater enters into a closed conveyance system prior to discharge off site or into waters of the state. Interference is a discharge which, alone or in conjunction with a discharge or discharges from other sources, both: 1) inhibits or disrupts a POTW, its treatment processes or operations, or its sludge processes, use or disposal; and 2) therefore, is a cause of a violation of any requirement of the POTW's NPDES permit (including an increase in the magnitude or duration of a violation) or, of the prevention of sewage sludge use or disposal in compliance with the following statutory provisions and regulations or permits issued thereunder (or more stringent state or local regulations): Section 405 of the Clean Water Act, the Solid Waste Disposal Act (SWDA) (including Title II, more commonly referred to as the Resource Conservation and Recovery Act (RCRA), and including state regulations contained in any state sludge management plan prepared pursuant to Subtitle D of the SWDA), the Clean Air Act, the Toxic Substances Control Act, and the Marine Protection, Research and Sanctuaries Act. [This definition does not apply to sample matrix interference]. Land application means spraying or spreading biosolids or a biosolids derivative onto the land surface, injecting below the land surface, or incorporating into the soil so that the biosolids or biosolids derivative can either condition the soil or fertilize crops or vegetation grown in the soil. LC50 means a statistically or graphically estimated concentration that is expected to be lethal to 50% of a group of organisms under specified conditions. Maximum acceptable toxicant concentration (MATC) means the concentration obtained by calculating the geometric mean of the lower and upper chronic limits from a chronic test. A lower chronic limit is the highest tested concentration that did not cause the occurrence of a specific adverse effect. An upper chronic limit is the lowest tested concentration which did cause the occurrence of a specific adverse effect and above which all tested concentrations caused such an occurrence. Maximum extent practicable means implementation of best management practices by a public body to comply with an approved storm water management program as required by a national permit for a municipal separate storm sewer system, in a manner that is environmentally beneficial, technically feasible, and within the public body's legal authority. MBTU/hr means million British Thermal Units per hour. MGD means million gallons per day. Monthly concentration is the sum of the daily concentrations determined during a reporting period divided by the number of daily concentrations determined. The calculated monthly concentration will be used to determine compliance with any maximum monthly concentration limitations. Days with no discharge shall not be used to determine the value. When required by the permit, report the calculated monthly concentration in the "AVERAGE" column under "QUALITY OR CONCENTRATION" on the DMR. For minimum percent removal requirements, the monthly influent concentration and the monthly effluent concentration shall be determined. The calculated monthly percent removal, which is equal to 100 times the quantity [1 minus the quantity (monthly effluent concentration divided by the monthly influent concentration)], shall be reported in the "MINIMUM" column under "QUALITY OR CONCENTRATION" on the DMRs. PERMIT NO. MI0020737 PART II Page 25 of 39 Section A. Definitions Monthly loading is the sum of the daily loadings of a parameter divided by the number of daily loadings determined during a reporting period. The calculated monthly loading will be used to determine compliance with any maximum monthly loading limitations. Days with no discharge shall not be used to determine the value. When required by the permit, report the calculated monthly loading in the "AVERAGE" column under "QUANTITY OR LOADING" on the DMR. Monthly monitoring frequency refers to a calendar month. When required by this permit, an analytical result, reading, value or observation shall be reported for that period if a discharge occurs during that period. Municipal separate storm sewer means a conveyance or system of conveyances designed or used for collecting or conveying storm water which is not a combined sewer and which is not part of a POTW as defined in the Code of Federal Regulations at 40 CFR 122.2. Municipal separate storm sewer system (MS4) means all separate storm sewers that are owned or operated by the United States, a state, city, village, township, county, 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 or approved management agency under Section 208 of the Clean Water Act that discharges to the waters of the state. This term includes systems similar to separate storm sewer systems in municipalities, such as systems at military bases, large hospital or prison complexes, and highways and other thoroughfares. The term does not include separate storm sewers in very discrete areas, such as individual buildings. National Pretreatment Standards are the regulations promulgated by or to be promulgated by the Federal Environmental Protection Agency pursuant to Section 307(b) and (c) of the Clean Water Act. The standards establish nationwide limits for specific industrial categories for discharge to a POTW. No observed adverse effect level (NOAEL) means the highest tested dose or concentration of a substance which results in no observed adverse effect in exposed test organisms where higher doses or concentrations result in an adverse effect. Noncontact cooling water is water used for cooling which does not come into direct contact with any raw material, intermediate product, by-product, waste product or finished product. Nondomestic user is any discharger to a POTW that discharges wastes other than or in addition to watercarried wastes from toilet, kitchen, laundry, bathing or other facilities used for household purposes. Nonstructural controls are practices or procedures implemented by employees at a facility to manage storm water or to prevent contamination of storm water. NPDES means National Pollutant Discharge Elimination System. Outfall is the location at which a point source discharge first enters a surface water of the state. Part 91 agency means an agency that is designated by a county board of commissioners pursuant to the provisions of Section 9105 of Part 91 of the NREPA; an agency that is designated by a city, village, or township in accordance with the provisions of Section 9106 of Part 91 of the NREPA; or the Department for soil erosion and sedimentation control activities under Part 615, Supervisor of Wells; Part 631, Reclamation of Mining Lands; or Part 632, Nonferrous Metallic Mineral Mining, of the NREPA, pursuant to the provisions of Section 9115 of Part 91 of the NREPA. Part 91 permit means a soil erosion and sedimentation control permit issued by a Part 91 agency pursuant to the provisions of Part 91 of the NREPA. PERMIT NO. MI0020737 PART II Page 26 of 39 Section A. Definitions Partially treated sewage is any sewage, sewage and storm water, or sewage and wastewater, from domestic or industrial sources that is treated to a level less than that required by the permittee's NPDES permit, or that is not treated to national secondary treatment standards for wastewater, including discharges to surface waters from retention treatment facilities. Point of discharge is the location of a point source discharge where storm water is discharged directly into a separate storm sewer system. Point source discharge means a discharge from any discernible, confined, discrete conveyance, including but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, or rolling stock. Changing the surface of land or establishing grading patterns on land will result in a point source discharge where the runoff from the site is ultimately discharged to waters of the state. Polluting material means any material, in solid or liquid form, identified as a polluting material under the Part 5 Rules, Spillage of Oil and Polluting Materials, promulgated under Part 31 of the NREPA (R 324.2001 through R 324.2009 of the Michigan Administrative Code). POTW is a publicly owned treatment work. Predevelopment is the last land use prior to the planned new development or redevelopment. Pretreatment is reducing the amount of pollutants, eliminating pollutants, or altering the nature of pollutant properties to a less harmful state prior to discharge into a public sewer. The reduction or alteration can be by physical, chemical, or biological processes, process changes, or by other means. Dilution is not considered pretreatment unless expressly authorized by an applicable National Pretreatment Standard for a particular industrial category. Public (as used in the MS4 individual permit) means all persons who potentially could affect the authorized storm water discharges, including, but not limited to, residents, visitors to the area, public employees, businesses, industries, and construction contractors and developers. Public body means the United States; the state of Michigan; a city, village, township, county, school district, public college or university, or single-purpose governmental agency; or any other body which is created by federal or state statute or law. Qualified Personnel means an individual who meets qualifications acceptable to the Department and who is authorized by an Industrial Storm Water Certified Operator to collect the storm water sample. Qualifying storm event means a storm event causing greater than 0.1 inch of rainfall and occurring at least 72 hours after the previous measurable storm event that also caused greater than 0.1 inch of rainfall. Upon request, the Department may approve an alternate definition meeting the condition of a qualifying storm event. Quantification level means the measurement of the concentration of a contaminant obtained by using a specified laboratory procedure calculated at a specified concentration above the detection level. It is considered the lowest concentration at which a particular contaminant can be quantitatively measured using a specified laboratory procedure for monitoring of the contaminant. Quarterly monitoring frequency refers to a three-month period, defined as January through March, April through June, July through September, and October through December (or otherwise defined in the permit). When required by this permit, an analytical result, reading, value or observation shall be reported for that period if a discharge occurs during that period. Regional Administrator is the Region 5 Administrator, U.S. EPA, located at R-19J, 77 W. Jackson Blvd., Chicago, Illinois 60604. PERMIT NO. MI0020737 PART II Page 27 of 39 Section A. Definitions Regulated area means the permittee's urbanized area, where urbanized area is defined as a place and its adjacent densely-populated territory that together have a minimum population of 50,000 people as defined by the United States Bureau of the Census and as determined by the latest available decennial census. Secondary containment structure means a unit, other than the primary container, in which significant materials are packaged or held, which is required by state or federal law to prevent the escape of significant materials by gravity into sewers, drains, or otherwise directly or indirectly into any sewer system or to the surface waters or groundwaters of the state. Separate storm sewer system means a system of drainage, including, but not limited to, roads, catch basins, curbs, gutters, parking lots, ditches, conduits, pumping devices, or man-made channels, which is not a combined sewer where storm water mixes with sanitary wastes, and is not part of a POTW. Significant industrial user is a nondomestic user that: 1) is subject to Categorical Pretreatment Standards under 40 CFR 403.6 and 40 CFR Chapter I, Subchapter N; or 2) discharges an average of 25,000 gallons per day or more of process wastewater to a POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewater); contributes a process waste stream which makes up five (5) percent or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or is designated as such by the permittee as defined in 40 CFR 403.12(a) on the basis that the industrial user has a reasonable potential for adversely affecting the POTW's treatment plant operation or violating any pretreatment standard or requirement (in accordance with 40 CFR 403.8(f)(6)). Significant materials means any material which could degrade or impair water quality, including but not limited to: raw materials; fuels; solvents, detergents, and plastic pellets; finished materials such as metallic products; hazardous substances designated under Section 101(14) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) (see 40 CFR 372.65); any chemical the facility is required to report pursuant to Section 313 of Emergency Planning and Community Right-to-Know Act (EPCRA); polluting materials as identified under the Part 5 Rules (R 324.2001 through R 324.2009 of the Michigan Administrative Code); Hazardous Wastes as defined in Part 111, Hazardous Waste Management, of the NREPA; fertilizers; pesticides; and waste products such as ashes, slag, and sludge that have the potential to be released with storm water discharges. Significant spills and significant leaks means any release of a polluting material reportable under the Part 5 Rules (R 324.2001 through R 324.2009 of the Michigan Administrative Code). Special-use area means storm water discharges for which the Department has determined that additional monitoring is needed from: secondary containment structures required by state or federal law; lands on Michigan's List of Sites of Environmental Contamination pursuant to Part 201, Environmental Remediation, of the NREPA; and/or areas with other activities that may contribute pollutants to the storm water. Stoichiometric means the quantity of a reagent calculated to be necessary and sufficient for a given chemical reaction. Storm water means storm water runoff, snow melt runoff, surface runoff and drainage, and non-storm water included under the conditions of this permit. Storm water discharge point is the location where the point source discharge of storm water is directed to surface waters of the state or to a separate storm sewer. It includes the location of all point source discharges where storm water exits the facility, including outfalls which discharge directly to surface waters of the state, and points of discharge which discharge directly into separate storm sewer systems. Structural controls are physical features or structures used at a facility to manage or treat storm water. SWPPP means the Storm Water Pollution Prevention Plan prepared in accordance with this permit. PERMIT NO. MI0020737 PART II Page 28 of 39 Section A. Definitions Tier I value means a value for aquatic life, human health or wildlife calculated under R 323.1057 of the Water Quality Standards using a tier I toxicity database. Tier II value means a value for aquatic life, human health or wildlife calculated under R 323.1057 of the Water Quality Standards using a tier II toxicity database. Total maximum daily loads (TMDLs) are required by the Clean Water Act for waterbodies that do not meet water quality standards. TMDLs represent the maximum daily load of a pollutant that a waterbody can assimilate and meet water quality standards, and an allocation of that load among point sources, nonpoint sources, and a margin of safety. Toxicity reduction evaluation (TRE) means a site-specific study conducted in a stepwise process designed to identify the causative agents of effluent toxicity, isolate the sources of toxicity, evaluate the effectiveness of toxicity control options, and then confirm the reduction in effluent toxicity. Water Quality Standards means the Part 4 Water Quality Standards promulgated pursuant to Part 31 of the NREPA, being R 323.1041 through R 323.1117 of the Michigan Administrative Code. Weekly monitoring frequency refers to a calendar week which begins on Sunday and ends on Saturday. When required by this permit, an analytical result, reading, value, or observation shall be reported for that period if a discharge occurs during that period. If the calendar week begins in one month and ends in the following month, the analytical result, reading, value, or observation shall be reported in the month in which monitoring was conducted. WWSL is a wastewater stabilization lagoon. WWSL discharge event is a discrete occurrence during which effluent is discharged to the surface water up to 10 days of a consecutive 14-day period. 3-portion composite sample is a sample consisting of three equal-volume grab samples collected at equal intervals over an 8-hour period. 7-day concentration FOR WWSLs THAT COLLECT AND STORE WASTEWATER AND ARE AUTHORIZED TO DISCHARGE ONLY IN THE SPRING AND/OR FALL ON AN INTERMITTENT BASIS - The 7-day concentration is the sum of the daily concentrations determined during any 7 consecutive days of discharge during a WWSL discharge event divided by the number of daily concentrations determined. If the number of daily concentrations determined during the WWSL discharge event is less than 7 days, the number of actual daily concentrations determined shall be used for the calculation. The calculated 7-day concentration will be used to determine compliance with any maximum 7-day concentration limitations. When required by the permit, report the maximum calculated 7-day concentration for the WWSL discharge event in the "MAXIMUM" column under "QUALITY OR CONCENTRATION" on the DMR. If the WWSL discharge event was partially in each of two months, the value shall be reported on the DMR of the month in which the last day of discharge occurred. FOR ALL OTHER DISCHARGES - The 7-day concentration is the sum of the daily concentrations determined during any 7 consecutive days in a reporting month divided by the number of daily concentrations determined. If the number of daily concentrations determined is less than 7, the actual number of daily concentrations determined shall be used for the calculation. The calculated 7-day concentration will be used to determine compliance with any maximum 7-day concentration limitations in the reporting month. When required by the permit, report the maximum calculated 7-day concentration for the month in the "MAXIMUM" column under "QUALITY OR CONCENTRATION" on the DMR. The first 7-day calculation shall be made on day 7 of the reporting month, and the last calculation shall be made on the last day of the reporting month. PERMIT NO. MI0020737 PART II Page 29 of 39 Section A. Definitions 7-day loading FOR WWSLs THAT COLLECT AND STORE WASTEWATER AND ARE AUTHORIZED TO DISCHARGE ONLY IN THE SPRING AND/OR FALL ON AN INTERMITTENT BASIS - The 7-day loading is the sum of the daily loadings determined during any 7 consecutive days of discharge during a WWSL discharge event divided by the number of daily loadings determined. If the number of daily loadings determined during the WWSL discharge event is less than 7 days, the number of actual daily loadings determined shall be used for the calculation. The calculated 7-day loading will be used to determine compliance with any maximum 7-day loading limitations. When required by the permit, report the maximum calculated 7-day loading for the WWSL discharge event in the "MAXIMUM" column under "QUANTITY OR LOADING" on the DMR. If the WWSL discharge event was partially in each of two months, the value shall be reported on the DMR of the month in which the last day of discharge occurred. FOR ALL OTHER DISCHARGES - The 7-day loading is the sum of the daily loadings determined during any 7 consecutive days in a reporting month divided by the number of daily loadings determined. If the number of daily loadings determined is less than 7, the actual number of daily loadings determined shall be used for the calculation. The calculated 7-day loading will be used to determine compliance with any maximum 7-day loading limitations in the reporting month. When required by the permit, report the maximum calculated 7-day loading for the month in the "MAXIMUM" column under "QUANTITY OR LOADING" on the DMR. The first 7-day calculation shall be made on day 7 of the reporting month, and the last calculation shall be made on the last day of the reporting month. 24-hour composite sample is a flow-proportioned composite sample consisting of hourly or more frequent portions that are taken over a 24-hour period and in which the volume of each portion is proportional to the discharge flow rate at the time that portion is taken. A time-proportioned composite sample may be used upon approval from the Department if the permittee demonstrates it is representative of the discharge. PERMIT NO. MI0020737 PART II Page 30 of 39 Section B. Monitoring Procedures 1. Representative Samples Samples and measurements taken as required herein shall be representative of the volume and nature of the monitored discharge. 2. Test Procedures Test procedures for the analysis of pollutants shall conform to regulations promulgated pursuant to Section 304(h) of the Clean Water Act (40 CFR Part 136 - Guidelines Establishing Test Procedures for the Analysis of Pollutants), unless specified otherwise in this permit. Test procedures used shall be sufficiently sensitive to determine compliance with applicable effluent limitations. For lists of approved test methods, go to https://www.epa.gov/cwa-methods. Requests to use test procedures not promulgated under 40 CFR Part 136 for pollutant monitoring required by this permit shall be made in accordance with the Alternate Test Procedures regulations specified in 40 CFR 136.4. These requests shall be submitted to the Manager of the Permits Section, Water Resources Division, Michigan Department of Environment, Great Lakes, and Energy, P.O. Box 30458, Lansing, Michigan, 48909-7958. The permittee may use such procedures upon approval. The permittee shall periodically calibrate and perform maintenance procedures on all analytical instrumentation at intervals to ensure accuracy of measurements. The calibration and maintenance shall be performed as part of the permittee's laboratory Quality Assurance/Quality Control program. 3. Instrumentation The permittee shall periodically calibrate and perform maintenance procedures on all monitoring instrumentation at intervals to ensure accuracy of measurements. 4. Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the permittee shall record the following information: 1) the exact place, date, and time of measurement or sampling; 2) the person(s) who performed the measurement or sample collection; 3) the dates the analyses were performed; 4) the person(s) who performed the analyses; 5) the analytical techniques or methods used; 6) the date of and person responsible for equipment calibration; and 7) the results of all required analyses. 5. Records Retention All records and information resulting from the monitoring activities required by this permit, including all records of analyses performed, calibration and maintenance of instrumentation, and recordings from continuous monitoring instrumentation, shall be retained for a minimum of three (3) years, or longer if requested by the Regional Administrator or the Department. PERMIT NO. MI0020737 PART II Page 31 of 39 Section C. Reporting Requirements 1. Start-Up Notification The permittee shall notify the Department of start-up if one of the following conditions applies and in accordance with the applicable condition: a. Non-CAFOs 1) If this is an individual permit and the permittee will not discharge during the first 60 days following the effective date of this permit, the permittee shall notify the Department via MiWaters within 14 days following the effective date of this permit, and then again 60 days prior to commencement of the discharge. 2) If this is a general permit and the permittee will not discharge during the first 60 days following the effective date of the Certificate of Coverage (COC) issued under this general permit, the permittee shall notify the Department via MiWaters within 14 days following the effective date of the COC, and then again 60 days prior to commencement of the discharge. b. CAFOs 1) If this is an individual permit and the permittee will not populate with animals during the first 60 days following the effective date of this permit, the permittee shall notify the Department via MiWaters within 14 days following the effective date of this permit, and then again 60 days prior to populating with animals. 2) If this is a general permit and the permittee will not populate with animals during 60 days following the effective date of the Certificate of Coverage (COC) issued under this general permit, the permittee shall notify the Department via MiWaters within 14 days following the effective date of the COC, and then again 60 days prior to populating with animals. 2. Submittal Requirements for Self-Monitoring Data Part 31 of the NREPA (specifically Section 324.3110(7)); and R 323.2155(2) of Part 21, Wastewater Discharge Permits, promulgated under Part 31 of the NREPA, allow the Department to specify the forms to be utilized for reporting the required self-monitoring data. Unless instructed on the effluent limitations page to conduct "Retained Self-Monitoring," the permittee shall submit self-monitoring data via the Department's MiWaters system. The permittee shall utilize the information provided on the MiWaters website, located at https://miwaters.deq.state.mi.us, to access and submit the electronic forms. Both monthly summary and daily data shall be submitted to the Department no later than the 20th day of the month following each month of the authorized discharge period(s). The permittee may be allowed to submit the electronic forms after this date if the Department has granted an extension to the submittal date. 3. Retained Self-Monitoring Requirements If instructed on the effluent limits page (or otherwise authorized by the Department in accordance with the provisions of this permit) to conduct retained self-monitoring, the permittee shall maintain a year-to-date log of retained self-monitoring results and, upon request, provide such log for inspection to the staff of the Department. Retained self-monitoring results are public information and shall be promptly provided to the public upon request. The permittee shall certify, in writing, to the Department, on or before January 10 (April 1 for animal feeding operation facilities) of each year, that: 1) all retained self-monitoring requirements have been complied with and a year-to-date log has been maintained; and 2) the application on which this permit is based still accurately describes the discharge. With this annual certification, the permittee shall submit a summary of the previous PERMIT NO. MI0020737 PART II Page 32 of 39 Section C. Reporting Requirements year's monitoring data. The summary shall include maximum values for samples to be reported as daily maximums and/or monthly maximums and minimum values for any daily minimum samples. Retained self-monitoring may be denied to a permittee by notification in writing from the Department. In such cases, the permittee shall submit self-monitoring data in accordance with Part II.C.2., above. Such a denial may be rescinded by the Department upon written notification to the permittee. Reissuance or modification of this permit or reissuance or modification of an individual permittee's authorization to discharge shall not affect previous approval or denial for retained self-monitoring unless the Department provides notification in writing to the permittee. 4. Additional Monitoring by Permittee 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 above, the results of such monitoring shall be included in the calculation and reporting of the values required in the Discharge Monitoring Report. Such increased frequency shall also be indicated. Monitoring required pursuant to Part 41 of the NREPA or Rule 35 of the Mobile Home Park Commission Act, 1987 PA 96, as amended, for assurance of proper facility operation, shall be submitted as required by the Department. 5. Compliance Dates Notification Within 14 days of every compliance date specified in this permit, the permittee shall submit a written notification to the Department via MiWaters (https://miwaters.deq.state.mi.us) indicating whether or not the particular requirement was accomplished. If the requirement was not accomplished, the notification shall include an explanation of the failure to accomplish the requirement, actions taken or planned by the permittee to correct the situation, and an estimate of when the requirement will be accomplished. If a written report is required to be submitted by a specified date and the permittee accomplishes this, a separate written notification is not required. 6. Noncompliance Notification Compliance with all applicable requirements set forth in the Clean Water Act, Parts 31 and 41 of the NREPA, and related regulations and rules is required. All instances of noncompliance shall be reported as follows: a. 24-Hour Reporting Any noncompliance which may endanger health or the environment (including maximum and/or minimum daily concentration discharge limitation exceedances) shall be reported, verbally, within 24 hours from the time the permittee becomes aware of the noncompliance by calling the Department at the number indicated on the second page of this permit (or, if this is a general permit, on the COC). A written submission shall also be provided via MiWaters (https://miwaters.deq.state.mi.us) within five (5) days. b. Other Reporting The permittee shall report, in writing via MiWaters (https://miwaters.deq.state.mi.us), all other instances of noncompliance not described in a. above at the time monitoring reports are submitted; or, in the case of retained self-monitoring, within five (5) days from the time the permittee becomes aware of the noncompliance. Reporting shall include: 1) a description of the discharge and cause of noncompliance; and 2) the period of noncompliance, including exact dates and times, or, if not yet corrected, the anticipated time the noncompliance is expected to continue, and the steps taken to reduce, eliminate and prevent recurrence of the noncomplying discharge. PERMIT NO. MI0020737 PART II Page 33 of 39 Section C. Reporting Requirements 7. Spill Notification The permittee shall immediately report any release of any polluting material which occurs to the surface waters or groundwaters of the state, unless the permittee has determined that the release is not in excess of the threshold reporting quantities specified in the Part 5 Rules (R 324.2001 through R 324.2009 of the Michigan Administrative Code), by calling the Department at the number indicated on the second page of this permit (or, if this is a general permit, on the COC); or, if the notice is provided after regular working hours, by calling the Department's 24-hour Pollution Emergency Alerting System telephone number, 1-800-292-4706. Within 10 days of the release, the permittee shall submit to the Department via MiWaters (https://miwaters.deq.state.mi.us) a full written explanation as to the cause of the release, the discovery of the release, response measures (clean-up and/or recovery) taken, and preventive measures taken or a schedule for completion of measures to be taken to prevent reoccurrence of similar releases. 8. Upset Noncompliance Notification If a process "upset" (defined as 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) has occurred, the permittee who wishes to establish the affirmative defense of upset shall notify the Department by telephone within 24 hours of becoming aware of such conditions; and within five (5) days, provide in writing, the following information: a. that an upset occurred and that the permittee can identify the specific cause(s) of the upset; b. that the permitted wastewater treatment facility was, at the time, being properly operated and maintained (note that 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); and c. that the permittee has specified and taken action on all responsible steps to minimize or correct any adverse impact in the environment resulting from noncompliance with this permit. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. In any enforcement proceedings, the permittee, seeking to establish the occurrence of an upset, has the burden of proof. 9. Bypass Prohibition and Notification a. Bypass Prohibition Bypass is prohibited, and the Department may take an enforcement action, unless: 1) bypass was unavoidable to prevent loss of life, personal injury, or severe property damage; 2) 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 backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass; and 3) the permittee submitted notices as required under 9.b. or 9.c. below. PERMIT NO. MI0020737 PART II Page 34 of 39 Section C. Reporting Requirements b. Notice of Anticipated Bypass If the permittee knows in advance of the need for a bypass, the permittee shall submit written notification to the Department before the anticipated date of the bypass. This notification shall be submitted at least 10 days before the date of the bypass; however, the Department will accept fewer than 10 days advance notice if adequate explanation for this is provided. The notification shall provide information about the anticipated bypass as required by the Department. The Department may approve an anticipated bypass, after considering its adverse effects, if it will meet the three (3) conditions specified in a. above. c. Notice of Unanticipated Bypass As soon as possible but no later than 24 hours from the time the permittee becomes aware of the unanticipated bypass, the permittee shall notify the Department by calling the number indicated on the second page of this permit (or, if this is a general permit, on the COC); or, if notification is provided after regular working hours, call the Department's 24-hour Pollution Emergency Alerting System telephone number, 1-800-292-4706. d. Written Report of Bypass A written submission shall be provided within five (5) working days of commencing any bypass to the Department, and at additional times as directed by the Department. The written submission shall contain a description of the bypass and its cause; the period of bypass, including exact dates and times, and if the bypass has not been corrected, the anticipated time it is expected to continue; steps taken or planned to reduce, eliminate, and prevent reoccurrence of the bypass; and other information as required by the Department. e. 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 ensure efficient operation. These bypasses are not subject to the provisions of 9.a., 9.b., 9.c., and 9.d., above. This provision does not relieve the permittee of any notification responsibilities under Part II.C.11. of this permit. f. Definitions 1) Bypass means the intentional diversion of waste streams from any portion of a treatment facility. 2) Severe property damage means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. 10. Bioaccumulative Chemicals of Concern (BCC) Consistent with the requirements of R 323.1098 and R 323.1215 of the Michigan Administrative Code, the permittee is prohibited from undertaking any action that would result in a lowering of water quality from an increased loading of a BCC unless an increased use request and antidegradation demonstration have been submitted and approved by the Department. PERMIT NO. MI0020737 PART II Page 35 of 39 Section C. Reporting Requirements 11. Notification of Changes in Discharge The permittee shall notify the Department via MiWaters (https://miwaters.deq.state.mi.us), as soon as possible but within no more than 10 days of knowing, or having reason to believe, that any activity or change has occurred or will occur which would result in the discharge of: 1) detectable levels of chemicals on the current Michigan Critical Materials Register, priority pollutants or hazardous substances set forth in 40 CFR 122.21, Appendix D, or the Pollutants of Initial Focus in the Great Lakes Water Quality Initiative specified in 40 CFR 132.6, Table 6, which were not acknowledged in the application or listed in the application at less than detectable levels; 2) detectable levels of any other chemical not listed in the application or listed at less than detection, for which the application specifically requested information; or 3) any chemical at levels greater than five times the average level reported in the complete application (see the first page of this permit, for the date(s) the complete application was submitted). Any other monitoring results obtained as a requirement of this permit shall be reported in accordance with the compliance schedules. 12. Changes in Facility Operations Any anticipated action or activity, including but not limited to facility expansion, production increases, or process modification, which will result in new or increased loadings of pollutants to the receiving waters must be reported to the Department by a) submission of an increased use request (application) and all information required under R 323.1098 (Antidegradation) of the Water Quality Standards or b) by written notice if the following conditions are met: 1) the action or activity will not result in a change in the types of wastewater discharged or result in a greater quantity of wastewater than currently authorized by this permit; 2) the action or activity will not result in violations of the effluent limitations specified in this permit; 3) the action or activity is not prohibited by the requirements of Part II.C.10.; and 4) the action or activity will not require notification pursuant to Part II.C.11. Following such written notice, the permit or, if applicable, the facility's COC, may be modified according to applicable laws and rules to specify and limit any pollutant not previously limited. 13. Transfer of Ownership or Control In the event of any change in ownership or control of facilities from which the authorized discharge emanates, the following requirements apply: Not less than 30 days prior to the actual transfer of ownership or control - for non-CAFOs, or within 30 days of the actual transfer of ownership or control - for CAFOs, the permittee shall submit to the Department via MiWaters (https://miwaters.deq.state.mi.us) a written agreement between the current permittee and the new permittee containing: 1) the legal name and address of the new owner; 2) a specific date for the effective transfer of permit responsibility, coverage and liability; and 3) a certification of the continuity of or any changes in operations, wastewater discharge, or wastewater treatment. If the new permittee is proposing changes in operations, wastewater discharge, or wastewater treatment, the Department may propose modification of this permit in accordance with applicable laws and rules. PERMIT NO. MI0020737 PART II Page 36 of 39 Section C. Reporting Requirements 14. Operations and Maintenance Manual For wastewater treatment facilities that serve the public (and are thus subject to Part 41 of the NREPA), Section 4104 of Part 41 and associated Rule 2957 of the Michigan Administrative Code allow the Department to require an Operations and Maintenance (O&M) Manual from the facility. An up-to-date copy of the O&M Manual shall be kept at the facility and shall be provided to the Department upon request. The Department may review the O&M Manual in whole or in part at its discretion and require modifications to it if portions are determined to be inadequate. At a minimum, the O&M Manual shall include the following information: permit standards; descriptions and operation information for all equipment; staffing information; laboratory requirements; record keeping requirements; a maintenance plan for equipment; an emergency operating plan; safety program information; and copies of all pertinent forms, as-built plans, and manufacturer's manuals. Certification of the existence and accuracy of the O&M Manual shall be submitted to the Department at least sixty days prior to start-up of a new wastewater treatment facility. Recertification shall be submitted sixty days prior to start-up of any substantial improvements or modifications made to an existing wastewater treatment facility. 15. Signatory Requirements All applications, reports, or information submitted to the Department in accordance with the conditions of this permit and that require a signature shall be signed and certified as described in the Clean Water Act and the NREPA. The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance, shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than 6 months per violation, or by both. The NREPA (Section 3115(2)) provides that a person who at the time of the violation knew or should have known that he or she discharged a substance contrary to this part, or contrary to a permit, COC, or order issued or rule promulgated under this part, or who intentionally makes a false statement, representation, or certification in an application for or form pertaining to a permit or COC or in a notice or report required by the terms and conditions of an issued permit or COC, or who intentionally renders inaccurate a monitoring device or record required to be maintained by the Department, is guilty of a felony and shall be fined not less than $2,500.00 or more than $25,000.00 for each violation. The court may impose an additional fine of not more than $25,000.00 for each day during which the unlawful discharge occurred. If the conviction is for a violation committed after a first conviction of the person under this subsection, the court shall impose a fine of not less than $25,000.00 per day and not more than $50,000.00 per day of violation. Upon conviction, in addition to a fine, the court in its discretion may sentence the defendant to imprisonment for not more than 2 years or impose probation upon a person for a violation of this part. With the exception of the issuance of criminal complaints, issuance of warrants, and the holding of an arraignment, the circuit court for the county in which the violation occurred has exclusive jurisdiction. However, the person shall not be subject to the penalties of this subsection if the discharge of the effluent is in conformance with and obedient to a rule, order, permit, or COC of the Department. In addition to a fine, the attorney general may file a civil suit in a court of competent jurisdiction to recover the full value of the injuries done to the natural resources of the state and the costs of surveillance and enforcement by the state resulting from the violation. 16. Electronic Reporting Upon notice by the Department that electronic reporting tools are available for specific reports or notifications, the permittee shall submit electronically via MiWaters (https://miwaters.deq.state.mi.us) all such reports or notifications as required by this permit, on forms provided by the Department. PERMIT NO. MI0020737 Page 37 of 39 PART II Section D. Management Responsibilities 1. Duty to Comply 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, shall constitute a violation of the permit. It is the duty of the permittee to comply with all the terms and conditions of this permit. Any noncompliance with the Effluent Limitations, Special Conditions, or terms of this permit constitutes a violation of the NREPA and/or the Clean Water Act and constitutes grounds for enforcement action; for permit or COC termination, revocation and reissuance, or modification; or denial of an application for permit or COC renewal. It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of this permit. 2. Operator Certification The permittee shall have the waste treatment facilities under direct supervision of an operator certified at the appropriate level for the facility certification by the Department, as required by Sections 3110 and 4104 of the NREPA. Permittees authorized to discharge storm water shall have the storm water treatment and/or control measures under direct supervision of a storm water operator certified by the Department, as required by Section 3110 of the NREPA. 3. Facilities Operation The permittee shall, at all times, properly operate and maintain all treatment or control facilities or systems installed or used by the permittee to achieve compliance with the terms and conditions of this permit. Proper operation and maintenance includes adequate laboratory controls and appropriate quality assurance procedures. 4. Power Failures In order to maintain compliance with the effluent limitations of this permit and prevent unauthorized discharges, the permittee shall either: a. provide an alternative power source sufficient to operate facilities utilized by the permittee to maintain compliance with the effluent limitations and conditions of this permit; or b. upon the reduction, loss, or failure of one or more of the primary sources of power to facilities utilized by the permittee to maintain compliance with the effluent limitations and conditions of this permit, the permittee shall halt, reduce or otherwise control production and/or all discharge in order to maintain compliance with the effluent limitations and conditions of this permit. 5. Adverse Impact The permittee shall take all reasonable steps to minimize or prevent any adverse impact to the surface waters or groundwaters of the state resulting from noncompliance with any effluent limitation specified in this permit including, but not limited to, such accelerated or additional monitoring as necessary to determine the nature and impact of the discharge in noncompliance. 6. Containment Facilities The permittee shall provide facilities for containment of any accidental losses of polluting materials in accordance with the requirements of the Part 5 Rules (R 324.2001 through R 324.2009 of the Michigan Administrative Code). For a POTW, these facilities shall be approved under Part 41 of the NREPA. PERMIT NO. MI0020737 Page 38 of 39 PART II Section D. Management Responsibilities 7. Waste Treatment Residues Residuals (i.e. solids, sludges, biosolids, filter backwash, scrubber water, ash, grit, or other pollutants or wastes) removed from or resulting from treatment or control of wastewaters, including those that are generated during treatment or left over after treatment or control has ceased, shall be disposed of in an environmentally compatible manner and according to applicable laws and rules. These laws may include, but are not limited to, the NREPA, Part 31 for protection of water resources, Part 55 for air pollution control, Part 111 for hazardous waste management, Part 115 for solid waste management, Part 121 for liquid industrial wastes, Part 301 for protection of inland lakes and streams, and Part 303 for wetlands protection. Such disposal shall not result in any unlawful pollution of the air, surface waters or groundwaters of the state. 8. Right of Entry The permittee shall allow the Department, any agent appointed by the Department, or the Regional Administrator, upon the presentation of credentials and, for animal feeding operation facilities, following appropriate biosecurity protocols: a. to enter upon the permittee's premises where an effluent source is located or any place in which records are required to be kept under the terms and conditions of this permit; and b. at reasonable times to have access to and copy any records required to be kept under the terms and conditions of this permit; to inspect process facilities, treatment works, monitoring methods and equipment regulated or required under this permit; and to sample any discharge of pollutants. 9. Availability of Reports Except for data determined to be confidential under Section 308 of the Clean Water Act and Rule 2128 (R 323.2128 of the Michigan Administrative Code), all reports prepared in accordance with the terms of this permit and required to be submitted to the Department shall be available for public inspection via MiWaters (https://miwaters.deq.state.mi.us). As required by the Clean Water Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in Section 309 of the Clean Water Act and Sections 3112, 3115, 4106 and 4110 of the NREPA. 10. Duty to Provide Information The permittee shall furnish to the Department via MiWaters (https://miwaters.deq.state.mi.us), within a reasonable time, any information which the Department may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or the facility's COC, or to determine compliance with this permit. The permittee shall also furnish to the Department, upon request, copies of records required to be kept by this permit. Where the permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Department, it shall promptly submit such facts or information. PERMIT NO. MI0020737 Page 39 of 39 PART II Section E. Activities Not Authorized by This Permit 1. Discharge to the Groundwaters This permit does not authorize any discharge to the groundwaters. Such discharge may be authorized by a groundwater discharge permit issued pursuant to the NREPA. 2. POTW Construction This permit does not authorize or approve the construction or modification of any physical structures or facilities at a POTW. Approval for the construction or modification of any physical structures or facilities at a POTW shall be by permit issued under Part 41 of the NREPA. 3. Civil and Criminal Liability Except as provided in permit conditions on "Bypass" (Part II.C.9. pursuant to 40 CFR 122.41(m)), nothing in this permit shall be construed to relieve the permittee from civil or criminal penalties for noncompliance, whether or not such noncompliance is due to factors beyond the permittee's control, such as accidents, equipment breakdowns, or labor disputes. 4. 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 may be subject under Section 311 of the Clean Water Act except as are exempted by federal regulations. 5. State Laws Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties established pursuant to any applicable state law or regulation under authority preserved by Section 510 of the Clean Water Act. 6. 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 violation of any federal, state or local laws or regulations, nor does it obviate the necessity of obtaining such permits, including any other Department of Environment, Great Lakes, and Energy permits, or approvals from other units of government as may be required by law.