Document aj6Gz4kMJgmmDpVbMnMKRL6N

U.S. ENVIRONMENTAL PROTECTION AGENCY REGION III WATER BRANCH, ENFORCEMENT AND COMPLIANCE ASSURANCE DIVISION CLEAN WATER ACT COMPLIANCE INSPECTION REPORT for Name of Facility: Vale Wood Dairy Facility Address: 517 Vale Wood Road, Loretto, Pennsylvania 14940 Mailing Address: 517 Vale Wood Road, Loretto, Pennsylvania 14940-6605 Report Prepared on: 1/19/2023 Date Report Final as of: 2/3/2023 Date Stephen Digitally signed by Stephen Clark Date: 2023.02.03 By:_C__la_r_k__________11_:5_1_:0_4 _-0_7'0_0_' _______, Environmental Scientist (PG Environmental) Signature MARK By: ZOLANDZ Signature Digitally signed by MARK ZOLANDZ Date: 2023.02.03 14:02:49 -05'00' , EPA General Information Type of Inspection: Owner: Operator: Permittee: NPDES Permit No: NPDES Permit Effective Date: NPDES Permit Expiration Date: Receiving Water: Facility Address: Latitude and Longitude: Industrial Wastewater Treatment Facility CEI Vale Wood Farms Vale Wood Farms Vale Wood Farms PA0009466 November 1, 2012 October 31, 2017 (administratively extended) Clearfield Creek 517 Vale Wood Road, Loretto, PA 15940 40 28' 36" N, 78 38' 7" On-Site Facility Inspection Overview On December 6, 2022, a representative from the U.S. Environmental Protection Agency Region III's (EPA's) contract inspector, PG Environmental (the EPA Inspector), conducted a compliance evaluation inspection at the Vale Wood Dairy industrial wastewater treatment facility (WWTF), in Loretto, Pennsylvania. Vale Wood Farms is identified as the Permittee and owns and operates the Facility. A representative from the Pennsylvania Department of Environmental Protection (PADEP) attended the inspection. Approximate Entry Time: 9:30 AM (EST) Approximate Exit Time: 2:10 PM (EST) Unique Project Identifier (UPI): 3E23WN010A Unique Project Identifier: 3E23WN010A Page 1 of 10 Inspection Date: December 6, 2022 Vale Wood Farms (PA0009466) Compliance Evaluation Inspection Report TABLE OF CONTENTS I. INTRODUCTION............................................................................................................................ 3 II. INSPECTION PROCESS ................................................................................................................ 3 Inspection Opening Conference .......................................................................................................3 Facility Site Walk.............................................................................................................................4 Summary of Observations................................................................................................................4 Permit Status and Effluent Exceedances.............................................................................4 Records Review .............................................................................................................................10 Closing Conference........................................................................................................................10 APPENDIX LIST Appendix A: Photograph Log Appendix B: Exhibit Log o Exhibit 1 - EPA ICIS Exceedance Data (October 1, 2017 through June 30, 2022) o Exhibit 2 - EPA ECHO Detailed Facility Report o Exhibit 3 - Documentation that Identifies Non-Reported Effluent Limit Exceedances Appendix C: NPDES Permit No. PA0009466 Unique Project Identifier: 3E23WN010A Page 2 of 10 Inspection Date: December 6, 2022 Vale Wood Farms (PA0009466) Compliance Evaluation Inspection Report I. INTRODUCTION On December 6, 2022, a representative from the U.S. Environmental Protection Agency Region III's (EPA's) contract inspector, PG Environmental (the EPA Inspector), conducted a compliance evaluation inspection at Vale Wood Dairy (Facility) in Loretto, Pennsylvania. Vale Wood Farms is identified as the Permittee and owns and operates the Facility. A representative from the Pennsylvania Department of Environmental Protection (PADEP) attended the inspection. The primary purpose of the inspection was to review the wastewater treatment processes at the Facility, to evaluate WWTF operations, to review the accuracy and reliability of the Permittee's self-monitoring and reporting program, and to obtain information that will assist EPA in assessing the Permittee's compliance with the requirements of National Pollutant Discharge Elimination System (NPDES) Permit No. PA0009466 (hereinafter, Permit), which became effective on November 1, 2012, expired October 31, 2017, and was administratively extended. The weather at the time of the inspection was cool (approximately 40F) with intermittent precipitation. The Permit authorizes the Permittee to discharge the following effluent to Clearfield Creek via Outfall 001: Non-contact cooling water from compressor systems, steam condensate overflows, process wastes resulting from cleaning and water flushes, and stormwater. The Permit authorizes the Permittee to discharge boiler blowdown effluent to Clearfield Creek via Outlet 002. The Director of Business Development stated that boiler blowdown water had been routed to the WWTF and that the Permittee no longer discharges via Outlet 002. II. INSPECTION PROCESS Inspection Opening Conference The EPA Inspector arrived at the Facility at 9:30 AM (EST) for the inspection. Stephen Clark of PG Environmental displayed his Clean Water Act inspector credential to the Director of Business Development at the outset of the inspection and explained the purpose of the inspection was to observe compliance with the Permit. A copy of the Permit is provided in Appendix C. Table 1 describes the individuals that participated in the inspection. Name Stephen Clark Kristin Gearhart Carissa Erickson, Director of Business Development Machelle Itle, Administrative Assistant Table 1. Inspection Attendee List Affiliation Telephone EPA Inspection Team PG Environmental 720-789-8046 PADEP PADEP 814-472-1932 Facility Representative Vale Wood Farms 814-886-7171 Email stephen.clark@pgenv.com kgearhart@pa.gov carissa@valewoodfarms.com Vale Wood Farms 814-886-7171 Not provided. Unique Project Identifier: 3E23WN010A Page 3 of 10 Inspection Date: December 6, 2022 Vale Wood Farms (PA0009466) Compliance Evaluation Inspection Report Facility Site Walk As part of the inspection process, the EPA Inspector visually observed the treatment train and site conditions in the presence of the Director of Business Development. The wastewater process train consists of five facultative lagoons and a chlorine contact tank. The Permittee was not disinfecting the final effluent at the time of the inspection. Influent wastewater enters Pond 1, gravity flows to Pond 2, and then gravity flows to Pond 3 (refer to Appendix A, Photographs 1 through 9). These ponds are closest to the dairy processing facility. The EPA Inspector observed trash and dairy processing material on the ground surface near Pond 1 (refer to Appendix A, Photograph 5). The Director of Business Development stated the trash and dairy processing material had been removed from Pond 1. After Pond 3, wastewater enters a transfer structure prior to entering a pipe that transfers wastewater to Pond 4 (refer to Appendix A, Photographs 10 and 11). Pond 3 and Pond 4 are approximately 480 feet apart. The transfer pipe between Pond 3 and Pond 4 appeared to have a clean-out structure (refer to Appendix A, Photograph 12). Wastewater enters Pond 4 then gravity flows Pond 5 (refer to Appendix A, Photographs 13 through 16). The Permittee measures effluent flow at the effluent weir at the end of Pond 5 (refer to Appendix A, Photographs 17 and 18). After the weir, effluent flows to a chlorine contact tank and is ultimately discharged to Clearfield Creek via Outlet 001 (refer to Appendix A, Photographs 19 through 23). The Permittee was not disinfecting the effluent at the time of the inspection. The Director of Business Development stated that effluent compliance samples are obtained from the chlorine contact tank by a sampler employed by a contract laboratory. The chlorine contact tank is the compliance sampling location identified in the Permit. A shed was located at the chlorine contact tank and contained discarded material, an aeration compressor, and four air-delivery hoses for the Facility. The hoses were color-coded, and descriptions of the delivery destinations were written near the compressor (refer to Appendix A, Photographs 25 and 26). The compressor was not operating at the time of the inspection, and it was unclear if the equipment was operable or used in the treatment process. Summary of Observations The following section summarizes the EPA Inspector's observations relative to Permit requirements, including the status of certain treatment units, operation and maintenance practices, and the Permittee's monitoring and reporting documentation. Permit Status and Effluent Exceedances Part I.A of the Permit defines effluent limitations and monitoring requirements for Outfall 001 discharges. According to EPA's ICIS database, the Facility experienced 19 effluent limit exceedances from Outfall 001 between October 1, 2017 through June 30, 2022. Refer to Appendix B, Exhibit 1 and Table 2 below. According to EPA's Enforcement and Compliance History Online (ECHO) database, the Facility was considered to be in significant noncompliance from January 1, 2022 through June 30, 2022 for monthly average effluent limit exceedances (refer to Appendix B, Exhibit 2) Unique Project Identifier: 3E23WN010A Page 4 of 10 Inspection Date: December 6, 2022 Vale Wood Farms (PA0009466) Compliance Evaluation Inspection Report Table 2. Effluent Limit Exceedances for Outlet 001 (October 1, 2017 through June 30, 2022) Monitoring Period End Date 01/31/2018 Parameter Name BOD, 5-day, 20 deg. C Limit Type Monthly Average DMR Value 18.7 Permit Limit 4.8 Units Lbs./d 01/31/2018 BOD, 5-day, 20 deg. C Daily Maximum 20.5 9.6 Lbs./d 01/31/2018 BOD, 5-day, 20 deg. C Monthly Average 112 40.3 mg/L 01/31/2018 BOD, 5-day, 20 deg. C Daily Maximum 123 80.7 mg/L 01/31/2018 Solids, total suspended Monthly Average 7.3 7.2 Lbs./d 09/30/2019 Solids, total suspended Monthly Average 8.4 7.2 Lbs./d 02/29/2020 BOD, 5-day, 20 deg. C Monthly Average 42.3 40.3 mg/L 02/29/2020 BOD, 5-day, 20 deg. C Daily Maximum 84.6 80.7 mg/L 01/31/2021 BOD, 5-day, 20 deg. C Monthly Average 9.1 4.8 Lbs./d 01/31/2021 BOD, 5-day, 20 deg. C Monthly Average 110 40.3 mg/L 01/31/2021 BOD, 5-day, 20 deg. C Daily Maximum 115 80.7 mg/L 01/31/2022 BOD, 5-day, 20 deg. C Monthly Average 10.6 4.8 Lbs./d 01/31/2022 BOD, 5-day, 20 deg. C Daily Maximum 12.3 9.6 Lbs./d 01/31/2022 BOD, 5-day, 20 deg. C Monthly Average 128 40.3 mg/L 01/31/2022 BOD, 5-day, 20 deg. C Daily Maximum 148 80.7 mg/L 02/28/2022 BOD, 5-day, 20 deg. C Monthly Average 9.8 4.8 Lbs./d 02/28/2022 BOD, 5-day, 20 deg. C Daily Maximum 11 9.6 Lbs./d 02/28/2022 BOD, 5-day, 20 deg. C Monthly Average 148 40.3 mg/L 02/28/2022 BOD, 5-day, 20 deg. C Daily Maximum 165 80.7 mg/L The Permittee was not accurately reporting self-monitoring results for Outfall 001 discharges. The Permittee typically obtains effluent compliance samples at Outfall 001 for biochemical oxygen demand (BOD), total suspended solids (TSS), and fecal coliform once per week whereas the Permit requires these parameters to be obtained twice per month. Permittee representatives stated that these samples are obtained weekly since the contract sampler obtains weekly pH and total residual chlorine (TRC)samples at this frequency, which is required by the Permit for these parameters. Unique Project Identifier: 3E23WN010A Page 5 of 10 Inspection Date: December 6, 2022 Vale Wood Farms (PA0009466) Compliance Evaluation Inspection Report For each month, the Permittee transcribes weekly laboratory analytical results for each parameter on a hand-written (in pencil) page to calculate monthly average concentrations and to identify maximum values. The EPA Inspector observed values on these pages that had a strikethrough; the both Permittee representatives stated these values were considered "outliers" and were omitted from data reported on the DMRs, for both daily maximum values and monthly average calculations. Note that Part B.6 of the Permit states, "If the permittee monitors any pollutant at monitoring points as designated by this permit, using analytical methods described in Part A III.A.4. herein, more frequently than the permit requires, the results of this monitoring shall be incorporated, as appropriate, into the calculations used to report self-monitoring data on the DMR." Refer to Table 3 for months during which effluent limit exceedances for monthly average concentrations and daily maximum concentrations were not reported. The table contains the laboratory values identified on the hand-written sheet, the values the Permittee had omitted, the value reported on the DMR, and the value that should have been reported on the DMR. Note that the EPA Inspector observed instances where the Permittee had calculated a monthly average concentration that exceeded the Permitted limit but reported a value lower than the calculated value. Refer to Appendix B, Exhibit 3 for documentation that supports the observations in Table 3. It should also be noted that the Permittee was documenting compliance data on the hand-written sheets and DMRs in pencil (refer to Appendix B, Exhibit 3). Table 3. Effluent Limit Exceedances Not Reported by the Permittee Monitoring Period End Date Parameter Name Laboratory Values Values Omitted Limit Type DMR Value 175 September 2022 BOD 20 38.5 47.9 Daily Maximum 47.9 175 Monthly Average 35.4 Actual Value Permit Limit 175 80.7 70.4 40.3 June 2022 BOD May 2022 BOD April 2022 BOD 20 25.5 108.0 33.8 42.3 30.3 55.4 249.0 34.6 53.9 165.0 Daily Maximum 33.8 108.0 80.7 108.0 Monthly Average 26.4 46.8 40.3 55.4 Monthly Average 36.3 42.7 40.3 Daily Maximum 53.9 249.0 80.7 249 165 Monthly Average 34.6 125.6 40.3 Units mg/L mg/L mg/L mg/L mg/L mg/L mg/L Unique Project Identifier: 3E23WN010A Page 6 of 10 Inspection Date: December 6, 2022 Vale Wood Farms (PA0009466) Compliance Evaluation Inspection Report Monitoring Period End Date Parameter Name Laboratory Values Values Omitted Limit Type DMR Value Actual Value Permit Limit Units Note: For April 2022, based on the two values the Permittee did not omit, the BOD monthly average concentration would have been 44.3 mg/L, however; the Permittee reported 34.6 mg/L. A calculated average was not written on the hand-written sheet containing transcribed analytical results. March 2022 BOD 119 97.3 160.0 84.5 60.4 119 Daily Maximum 60.4 160.0 80.7 97.3 160.0 Monthly Average 30.0 104.24 40.3 mg/L mg/L Note: For March 2022, the Permittee calculated a BOD average monthly concentration of 72.4 mg/L based on values of 60.4 and 84.5 mg/L, but reported a value of 30.0 mg/L. Additionally, the Permittee did not report 84.5 mg/L as the daily maximum concentration even though this value did not contain a strikethrough. 40.0 Daily Maximum 63.3 97.4 80.7 mg/L December 2021 BOD 53.8 63.3 63.3 97.4 97.4 Monthly Average 40.0 63.6 40.3 mg/L Note: For December 2021, the Permittee calculated the BOD monthly average concentration to be 46.9 mg/L based on values of 40.0 and 53.8 mg/L but reported 40.0 on the DMR. The Permittee omitted 63.3 mg/L from the calculation for the monthly average concentration but reported it as the daily maximum. 264 September 20.0 BOD 23.0 2021 20.2 20.2 Daily Maximum 23.0 264 80.7 mg/L 264 Monthly Average 20.8 69.5 40.3 mg/L 20.0 Daily Maximum 24.7 98.4 80.7 mg/L July 2021 BOD 20.0 24.7 98.4 98.4 Monthly Average 21.6 40.8 40.3 mg/L March 2021 BOD 162.0 132 85.0 81 61.1 162 Daily Maximum 61.1 162 80.7 132 85 Monthly Average 30.5 104.2 40.3 mg/L mg/L Note: For March 2021, the Permittee calculated a BOD monthly average of 71 mg/L based on values of 81 and 61.1 mg/L but reported a monthly average of 30.5. Additionally, the Permittee reported the daily maximum to be 61.1 mg/L even though 81 mg/L did not contain a strikethrough on the hand-written sheet. February 122 BOD 161 2021 201 Monthly Average 40.0 161.3 40.3 201 Daily Maximum 80.0 80.7 80.7 mg/L mg/L Note: For February 2021, the permittee calculated the BOD monthly average to be 141.5 mg/L based on values of 122 and 161 mg/L but reported 40.0 mg/L on the DMR. Additionally, the Permittee reported a BOD daily maximum of 80.0, but there were no measurements of 80.0 mg/L identified on the hand-written sheet. Unique Project Identifier: 3E23WN010A Page 7 of 10 Inspection Date: December 6, 2022 Vale Wood Farms (PA0009466) Compliance Evaluation Inspection Report Monitoring Period End Date December 2020 September 2020 July 2020 April 2020 Parameter Name BOD Fecal Coliform TSS BOD Laboratory Values 44.2 43.5 87.5 8.5 154.0 16.4 2452.4 20.8 183.6 4.8 17.0 160.0 162.0 154.0 22.9 20.0 34.0 72.3 83.8 January 2020 BOD 52.7 84.4 55.1 108.0 Values Omitted Limit Type Daily Maximum 87.5 154 Monthly Average 2452.4 Daily Maximum 160.0 162.0 154.0 Daily Maximum Monthly Average 72.3 83.8 Monthly Average Daily Maximum 108 84.4 Monthly Average DMR Value 44.2 32.0 268 17.0 10.9 25.6 55.1 26.9 Actual Value Permit Limit 154 80.7 67.5 40.3 2452.4 1,000 162 121 99.6 60.5 46.6 40.3 108 80.7 75 40.3 Units mg/L mg/L #/100 mg/L mg/L mg/L mg/L mg/L Note: For January 2020, the Permittee calculated a BOD monthly average of 26.9 mg/L although the two values that did not contain strikethroughs were 52.7 and 55.1 mg/L August 2019 Fecal Coliform August 2018 Fecal Coliform July 2018 Fecal Coliform May 2018 Fecal Coliform 38.4 669.6 9878.4 200.0 148.0 1,986.3 3,448 884 306.8 151.6 189.0 1,956 275 40.0 10.0 3,433.5 165.5 86.5 669.6 9,678.4 Daily Maximum 200.0 9,678.4 1,000 1,986.3 3,448 Daily Maximum 884 3,448 1,000 1956 306.8 Daily Maximum 189 275 1,965 1,000 #/100 #/100 #/100 3,433.5 165.5 Daily Maximum 86 3,433.5 1,000 #/100 Unique Project Identifier: 3E23WN010A Page 8 of 10 Inspection Date: December 6, 2022 Vale Wood Farms (PA0009466) Compliance Evaluation Inspection Report Monitoring Period End Date Parameter Name Laboratory Values 160 February 2018 BOD 136 45.6 39.4 Values Omitted Limit Type Daily Maximum 160 136 Monthly Average DMR Value 45.6 39.4 Actual Value Permit Limit 160 80.7 95.3 40.3 Units mg/L mg/L Note: For February 2018, the Permittee calculated a BOD monthly average of 42.5 mg/L based on values of 45.6 and 39.4 mg/L but reported 39.4 mg/L as the monthly average. Part I.A of the Permit limits and requires the reporting of the average monthly concentration of fecal coliform based on a calculation of the geometric mean. Part II.A states, "Geometric Mean means the average of a set of n sample results given by the nth root of their product." Per conversations with Permittee representatives and a review of self-monitoring documentation, the Permittee was calculating and reporting the monthly concentrations of fecal coliform based on a calculation of the arithmetic mean as opposed to the geometric mean. Part I.A, Footnote 1 of the Permit states, "When sampling to determine compliance with mass effluent limitations, the discharge flow at the time of sampling must be measured and recorded." Additionally, Part III.A.3 of the Permit states, "For each measurement or sample taken pursuant to the requirements of this permit, the permittee shall record the following information: a. The exact place, date and time of sampling or measurements. b. The person(s) who performed the sampling or measurements. c. The date(s) the analyses were performed. d. The person(s) who performed the analyses. e. The analytical techniques or methods used; and the associated detection level. f. The results of such analyses." At the time of the inspection, it was unclear if the Permittee was measuring flow rate at the time of sampling. A sampler employed by the contract laboratory collects effluent compliance samples for Outfall 001 discharges. The Director of Business Development stated that a Facility employee collects an effluent flow measurement during the day of sampling; however, it was unclear if the flow measurements are obtained when the sampler obtains effluent compliance samples. Documentation for the time, date, and person who collected effluent flow measurements was not available for review at the time of the inspection. The Director of Business Development was unsure if or how the Facility employee documents effluent flow rate measurements. The employee was not present at the Facility during the inspection and was not interviewed by the EPA Inspector during the inspection. Unique Project Identifier: 3E23WN010A Page 9 of 10 Inspection Date: December 6, 2022 Vale Wood Farms (PA0009466) Compliance Evaluation Inspection Report Records Review The EPA Inspector conducted a records review to evaluate the Permittee's compliance with the Permit. Most of the records and reports required by the Permit were available for review prior to and after the inspection. The following were reviewed: EPA Integrated Compliance Information System (ICIS) data during the period from October 1, 2017 through October 31, 2022. Discharge Monitoring Report (DMR) and associated laboratory data for January 2021 through October 2022. The EPA Inspector reviewed DMR and associated hand-written notes for 2020 and for select months in 2019 and 2018 based on observations made during the review; refer to Observation 2 below for more information. A hand-written diagram titled "Discharge of 22 V Notch Weir" (this diagram shows the correlation between water level and volumetric flow rate for the effluent weir in Pond 5) Closing Conference After the Facility site walk, the EPA Inspector met with the Director of Business Development for a closing conference and shared preliminary observations. The EPA Inspector reiterated that all preliminary observations discussed were not compliance determinations. Any and all preliminary observations shared were subject to further investigation by the EPA Inspector upon the additional review of records and documentation. Additional observations may be contained in this inspection report that were not identified at the time of the closing conference after the additional review of materials following the inspection. The inspection concluded at approximately 2:10 PM (EST). Unique Project Identifier: 3E23WN010A Page 10 of 10 Inspection Date: December 6, 2022 Vale Wood Dairy (PA0009466) Compliance Evaluation Inspection Report Appendix A Photograph Log Unique Project Identifier: 3E23WN010A Inspection Date: December 6, 2022 Vale Wood Dairy (PA0009466) Compliance Evaluation Inspection Report Pond 3 Pond 2 Pond 1 (DSCN9091) View of Ponds 1, 2, and 3 from the access road. Influent pipe pond. (DSCN9092) View of influent side of Pond 1, which is on the western end of the Unique Project Identifier: 3E23WN010A 1 Inspection Date: December 6, 2022 Vale Wood Dairy (PA0009466) Compliance Evaluation Inspection Report (DSCN9093) View of Pond 1, facing west, from the effluent end of the pond. Effluent pipe (DSCN9094) View of effluent end of Pond 1. Unique Project Identifier: 3E23WN010A 2 Inspection Date: December 6, 2022 Vale Wood Dairy (PA0009466) Compliance Evaluation Inspection Report Trash and dairy process material Dairy process material Plastic bottle cap (DSCN9097) View of trash and dairy process material on ground surface that had been removed from Pond 1. Influent pipe (DSCN9098) View of Pond 2, facing east, from the influent end of the pond. Unique Project Identifier: 3E23WN010A 3 Inspection Date: December 6, 2022 Vale Wood Dairy (PA0009466) Compliance Evaluation Inspection Report (DSCN9100) Additional view of Pond 2, facing northwest. (DSCN9102) View of Pond 3, facing east. Unique Project Identifier: 3E23WN010A 4 Inspection Date: December 6, 2022 Vale Wood Dairy (PA0009466) Compliance Evaluation Inspection Report Influent pipe (DSCN9103) View of the influent pipe for Pond 3. (DSCN9104) View of effluent end of Pipe 3. Wastewater enters a transfer structure prior to flowing to Pond 4. Unique Project Identifier: 3E23WN010A 5 Inspection Date: December 6, 2022 Vale Wood Dairy (PA0009466) Compliance Evaluation Inspection Report (DSCN9107) View inside transfer structure in between Pond 3 to Pond 4. Pond 4 Clean-out structure (DSCN9108) View of what appeared to be a clean-out structure for the transfer pipe between Pond 3 and Pond 4. Unique Project Identifier: 3E23WN010A 6 Inspection Date: December 6, 2022 Vale Wood Dairy (PA0009466) Compliance Evaluation Inspection Report (DSCN9110) View of Pond 4, facing southeast. (DSCN9111) View of influent area for Pond 4. Unique Project Identifier: 3E23WN010A 7 Inspection Date: December 6, 2022 Vale Wood Dairy (PA0009466) Compliance Evaluation Inspection Report (DSCN9114) View of Pond 5, facing east, from the influent end of the pond. (DSCN9133) View of Pond 5, facing northwest. Unique Project Identifier: 3E23WN010A 8 Inspection Date: December 6, 2022 Vale Wood Dairy (PA0009466) Compliance Evaluation Inspection Report (DSCN9115) View of effluent weir in Pond 5. (DSCN9116) View of effluent weir in Pond 5. The Permittee obtains flow measurements at this weir. Unique Project Identifier: 3E23WN010A 9 Inspection Date: December 6, 2022 Vale Wood Dairy (PA0009466) Compliance Evaluation Inspection Report (DSCN9121) View of chlorine contact tank, per description provided in Permit. The Permittee was not disinfecting the effluent at the time of the inspection. Permittee representatives stated effluent compliance samples are obtained from this tank. (DSCN9122) View of end of effluent pipe in chlorine contact tank. Effluent that enters this pipe flows to Outlet 001. Unique Project Identifier: 3E23WN010A 10 Inspection Date: December 6, 2022 Vale Wood Dairy (PA0009466) Compliance Evaluation Inspection Report (DSCN9124) View of Outlet 001 in relation to the chlorine contact tank. Outlet pipe (DSCN9125) View of Outlet 001 to Clearfield Creek. Unique Project Identifier: 3E23WN010A 11 Inspection Date: December 6, 2022 Vale Wood Dairy (PA0009466) Compliance Evaluation Inspection Report (DSCN9127) View of Outlet 001, looking downstream of Outlet 001. (DSCN9120) View of shed after the effluent weir. Unique Project Identifier: 3E23WN010A 12 Inspection Date: December 6, 2022 Vale Wood Dairy (PA0009466) Compliance Evaluation Inspection Report Descriptions for color-coded hoses (DSCN9132) View inside shed of an aeration compressor and four air-delivery hoses. The hoses were color-coded; the yellow writing described where the hoses delivered air in the ponds. The compressor was not operating at the time of the inspection, and it was unclear if the equipment was operable or used in the treatment process. Unique Project Identifier: 3E23WN010A 13 Inspection Date: December 6, 2022 Vale Wood Dairy (PA0009466) Compliance Evaluation Inspection Report Appendix B Exhibit Log Unique Project Identifier: 3E23WN010A Inspection Date: December 6, 2022 Vale Wood Dairy (PA0009466) Compliance Evaluation Inspection Report Exhibit 1 EPA ICIS Exceedance Data for Outlet 001 (October 1, 2017 through June 30, 2022) Unique Project Identifier: 3E23WN010A Inspection Date: December 6, 2022 NPDES ID Permit Name Monitoring Period End Date Limit Set Parameter Limit Value Limit Type Quantity 1 Quantity 2 Quantity Units Concentration 1 Concentration 2 Concentration 3 Concentration Units Effluent Violation? Y/N Max Percent Exceedence Non-Receipt Violation? Y/N PA0009466 VALE WOOD DAIRY 01/31/2018 001-A BOD, 5-day, 20 4.8 MO AVG 18.7 lb/d deg. C PA0009466 VALE WOOD DAIRY 01/31/2018 001-A BOD, 5-day, 20 9.6 deg. C DAILY MX 20.5 lb/d PA0009466 VALE WOOD DAIRY 01/31/2018 001-A BOD, 5-day, 20 40.3 deg. C MO AVG PA0009466 VALE WOOD DAIRY 01/31/2018 001-A BOD, 5-day, 20 80.7 deg. C DAILY MX PA0009466 VALE WOOD DAIRY 01/31/2018 001-A Solids, total 7.2 MO AVG 7.3 lb/d suspended PA0009466 VALE WOOD DAIRY 09/30/2019 001-A Solids, total 7.2 MO AVG 8.4 lb/d suspended PA0009466 VALE WOOD DAIRY 02/29/2020 001-A BOD, 5-day, 20 40.3 deg. C MO AVG PA0009466 VALE WOOD DAIRY 02/29/2020 001-A BOD, 5-day, 20 80.7 deg. C DAILY MX PA0009466 VALE WOOD DAIRY 01/31/2021 001-A BOD, 5-day, 20 4.8 MO AVG 9.1 lb/d deg. C PA0009466 VALE WOOD DAIRY 01/31/2021 001-A BOD, 5-day, 20 40.3 deg. C MO AVG PA0009466 VALE WOOD DAIRY 01/31/2021 001-A BOD, 5-day, 20 80.7 deg. C DAILY MX PA0009466 VALE WOOD DAIRY 01/31/2022 001-A BOD, 5-day, 20 4.8 MO AVG 10.6 lb/d deg. C PA0009466 VALE WOOD DAIRY 01/31/2022 001-A BOD, 5-day, 20 9.6 deg. C DAILY MX 12.3 lb/d PA0009466 VALE WOOD DAIRY 01/31/2022 001-A BOD, 5-day, 20 40.3 deg. C MO AVG PA0009466 VALE WOOD DAIRY 01/31/2022 001-A BOD, 5-day, 20 80.7 deg. C DAILY MX PA0009466 VALE WOOD DAIRY 02/28/2022 001-A BOD, 5-day, 20 4.8 deg. C MO AVG 9.8 PA0009466 VALE WOOD DAIRY 02/28/2022 001-A BOD, 5-day, 20 9.6 deg. C DAILY MX PA0009466 VALE WOOD DAIRY 02/28/2022 001-A BOD, 5-day, 20 40.3 deg. C MO AVG PA0009466 VALE WOOD DAIRY 02/28/2022 001-A BOD, 5-day, 20 80.7 deg. C DAILY MX lb/d 11 lb/d Y 290 N Y 114 N 112 mg/L Y 178 N 123 mg/L Y 52 N Y 1 N Y 17 N 42.3 mg/L Y 5 N 84.6 mg/L Y 5 N Y 90 N 110 mg/L Y 173 N 115 mg/L Y 43 N Y 121 N Y 28 N 128 mg/L Y 218 N 148 mg/L Y 83 N Y 104 N Y 15 N 148 mg/L Y 267 N 165 mg/L Y 104 N Vale Wood Dairy (PA0009466) Compliance Evaluation Inspection Report Exhibit 2 EPA ECHO Detailed Facility Report Unique Project Identifier: 3E23WN010A Inspection Date: December 6, 2022 11/16/22, 10:32 AM Detailed Facility Report Detailed Facility Report | ECHO | US EPA Detailed Facility Report Facility Summary VALE WOOD DAIRY 517 VALE WOOD RD, LORETTO, PA 15940 FRS (Facility Registry Service) ID: EPA Region: 03 Latitude: 40.480014 Longitude: -78.640921 Locational Data Source: FRS Industries: -- Indian Country: N 110023167516 Enforcement and Compliance Summary Statute Compliance Monitoring Activities (5 years) Date of Last Compliance Monitoring Activity Compliance Status Qtrs in Noncompliance (of 12) Qtrs with Significant Violation Informal Enforcement Actions (5 years) Formal Enforcement Actions (5 years) Penalties from Formal Enforcement Actions (5 years) EPA Cases (5 years) Penalties from EPA Cases (5 years) CWA 2 05/04/2020 Significant/Category I Noncompliance 7 2 1 ----- Regulatory Information Clean Air Act (CAA): No Information Clean Water Act (CWA): Minor, Permit Expired (PA0009466) Resource Conservation and Recovery Act (RCRA): No Information Safe Drinking Water Act (SDWA): No Information Go To Enforcement/Compliance Details Known Data Problems Other Regulatory Reports Air Emissions Inventory (EIS): No Information Greenhouse Gas Emissions (eGGRT): No Information Toxic Releases (TRI): No Information Compliance and Emissions Data Reporting Interface (CEDRI): No Information Facility/System Characteristics Facility/System Characteristics System FRS ICIS-NPDES Statute CWA Identifier 110023167516 PA0009466 Universe Minor: NPDES Individual Permit Facility Address System FRS ICIS-NPDES Statute CWA Identifier 110023167516 PA0009466 Facility Name VALE WOOD DAIRY VALE WOOD DAIRY Facility SIC (Standard Industrial Classification) Codes System ICIS-NPDES Identifier PA0009466 Facility Industrial Effluent Guidelines SIC Code 2026 Identifier Effluent Guideline (40 CFR Part) No data records returned SIC Description Fluid Milk Effluent Guideline Description Status Expired Areas Permit Expiration Date 10/31/2017 Indian Country N N Latitude 40.480014 40.469444 Longitude -78.640921 -78.638333 Facility Address 517 VALE WOOD RD, LORETTO, PA 15940 517 VALE WOOD RD, LORETTO, PA 15940-6605 Facility County Cambria County Facility NAICS (North American Industry Classification System) Codes System Identifier Facility Tribe Information NAICS Code No data records returned NAICS Description Reservation Name Tribe Name EPA Tribal ID No data records returned Distance to Tribe (miles) Enforcement and Compliance Compliance Monitoring History Last 5 Years https://echo.epa.gov/detailed-facility-report?fid=110023167516 1/3 11/16/22, 10:32 AM Detailed Facility Report | ECHO | US EPA Statute CWA CWA Source ID PA0009466 PA0009466 System ICIS-NPDES ICIS-NPDES Activity Type Inspection/Evaluation Inspection/Evaluation Compliance Monitoring Type Base Program - Audit Base Program - Evaluation Lead Agency State State Entries in italics are not counted in EPA compliance monitoring strategies or annual results. Date 05/04/2020 02/11/2019 Finding (if applicable) Compliance Summary Data Statute CWA Source ID PA0009466 Current SNC (Significant Noncompliance)/HPV (High Priority Violation) Yes Current As Of 06/30/2022 Qtrs with NC (Noncompliance) (of 12) 7 Data Last Refreshed 11/11/2022 Three-Year Compliance History by Quarter Statute Program/Pollutant/Violation Type QTR 1 QTR 2 QTR 3 QTR 4 QTR 5 QTR 6 QTR 7 QTR 8 QTR 9 QTR 10 QTR 11 QTR 12 QTR 13+ CWA (Source ID: PA0009466) Facility-Level Status Quarterly Noncompliance Report History Pollutant Disch Mon Point Loc Freq BOD, 5day, 20 CWA deg. C 001 - Effluent A Gross Mthly 07/01-09/30/19 10/01-12/31/19 01/01-03/31/20 04/01-06/30/20 07/01-09/30/20 10/01-12/31/20 01/01-03/31/21 04/01-06/30/21 07/01-09/30/21 10/01-12/31/21 01/01-03/31/22 04/01-06/30/22 07/01-11/11/22 Violation Identified Violation Identified Violation Identified Violation Identified No Violation Identified No Violation Identified Violation Identified No Violation Identified No Violation Identified No Violation Significant/Category Significant/Category Undetermined Identified I Noncompliance I Noncompliance Other Violation Other Violation Other Violation Other Violation Other Violation Effluent - Monthly Average Limit Effluent - Monthly Average Limit 5% 173% 267% BOD, 5day, 20 CWA deg. C 001 - Effluent A Gross NMth 5% 43% 104% Solids, total CWA suspended 001 - Effluent Mthly 17% A Gross CWA Single Event Violations Agency Effluent Violations - State Numeric effluent violation Late or Missing Discharge Monitoring Report (DMR) Measurements Counts of Missing DMR Measurements 05/04/2020 Informal Enforcement Actions Last 5 Years Statute CWA System ICIS-NPDES Source ID PA0009466 Type of Action Base Program - Notice of Violation Entries in italics are not counted as "informal enforcement actions" in EPA policies pertaining to enforcement response tools. Formal Enforcement Actions Last 5 Years Statute System Law/Section Source ID Type of Action Case No. Lead Agency Case Name Issued/Filed Date Settlements/Actions Settlement/Action Date No data records returned Federal Penalty Assessed Lead Agency State 15 Date 05/04/2020 State/Local Penalty Assessed Penalty Amount Collected SEP Comp Action Cost Cost Environmental Conditions Watersheds 12-Digit WBD (Watershed Boundary Dataset) HUC (RAD (Reach Address Database)) 020502010301 WBD (Watershed Boundary Dataset) Subwatershed Name (RAD (Reach Address Database)) Headwaters Clearfield Creek Assessed Waters From Latest State Submission (ATTAINS) State Water Body Name (ICIS (Integrated Beach Closures Compliance Information System)) Within Last Year CLEARFIELD CREEK No Beach Closures Within Last Two Years No Pollutants Potentially Related to Impairment Aluminum, total (as Al) | Iron, total (as Fe) | Manganese, total (as Mn) Watershed with ESA (Endangered Species Act)-listed Aquatic Species? Yes State PA PA PA PA PA PA PA PA PA Report Cycle 2022 2022 2022 2022 2022 2022 2022 2022 2022 Assessment Unit ID PA-SCR-61839205 PA-SCR-61839215 PA-SCR-61839227 PA-SCR-61839243 PA-SCR-61839245 PA-SCR-61839257 PA-SCR-61839239 PA-SCR-61839241 PA-SCR-61839259 Assessment Unit Name Clearfield Creek-61839205 Clearfield Creek-61839215 Clearfield Creek-61839227 Clearfield Creek-61839243 Clearfield Creek-61839245 Clearfield Creek-61839257 Unnamed Tributary to Clearfield Creek-61839239 Unnamed Tributary to Clearfield Creek-61839241 Unnamed Tributary to Clearfield Creek-61839259 Water Condition Good - With Restoration Plan Good - With Restoration Plan Good - With Restoration Plan Impaired - With Restoration Plan Impaired - With Restoration Plan Impaired - With Restoration Plan Good - With Restoration Plan Good - With Restoration Plan Good - With Restoration Plan Cause Groups Impaired ---- METALS (OTHER THAN MERCURY) METALS (OTHER THAN MERCURY) METALS (OTHER THAN MERCURY) ---- Drinking Water Use ---------- Aquatic Life Fully Supporting Fully Supporting Fully Supporting Not Supporting Not Supporting Not Supporting Fully Supporting Fully Supporting Fully Supporting Fish Consumption Use ---------- Recreation Use ---------- Other Use ---------- Air Quality Nonattainment Areas Pollutant Ozone Lead Particulate Matter Carbon Monoxide Sulfur Dioxide Within Nonattainment Status Area? Yes No No No No Nonattainment Status Applicable Standard(s) 1-Hour Ozone (1979) ----- Within Maintenance Status Area? No No Yes No No Maintenance Status Applicable Standard(s) --- PM-2.5 (1997); PM-2.5 (2006) --- https://echo.epa.gov/detailed-facility-report?fid=110023167516 2/3 11/16/22, 10:32 AM Detailed Facility Report | ECHO | US EPA Pollutants Toxics Release Inventory History of Reported Chemicals Released in Pounds per Year at Site TRI Facility ID Year Total Air Emissions Surface Water Discharges Off-Site Transfers to POTWs (Publicly Owned Treatment Works) No data records returned Toxics Release Inventory Total Releases and Transfers in Pounds by Chemical and Year Underground Injections Releases to Land Total On-Site Releases Chemical Name No data records returned Total Off-Site Transfers Community EJScreen EJ Indexes Twelve environmental justice (EJ) indexes of EJScreen, EPA's screening tool for EJ concerns. EPA uses these indexes to identify geographic areas that may warrant further consideration or analysis for potential EJ concerns. The index values below are for the Census block group or 1-mile maximum (US or State) in which the facility is located. Note that use of these indexes does not designate an area as an "EJ community" or "EJ facility." EJScreen provides screening level indicators, not a determination of the existence or absence of EJ concerns. For more information, see the EJScreen home page. Show EJ Indexes calculated based on: Census Block Group - US Census Block Group EJ Indexes (percentile) Particulate Matter 2.5 Ozone Diesel Particulate Matter Air Toxics Cancer Risk Air Toxics Respiratory Hazard Index Traffic Proximity Lead Paint Risk Management Plan (RMP) Facility Proximity Hazardous Waste Proximity Superfund Proximity Underground Storage Tanks (UST) Wastewater Discharge Number of EJ Indexes Above 80th Percentile 13 0 13 7 View EJScreen Report (US/regional/state percentiles, 1-mile average) 5 3 11 24 18 14 13 0 31 Demographic Profile of Surrounding Area (1 mile) This section provides demographic information regarding the community surrounding the facility. ECHO compliance data alone are not sufficient to determine whether violations at a particular facility had negative impacts on public health or the environment. Statistics are based upon the 2010 U.S. Census and 2015 - 2019 American Community Survey (ACS) 5-year Summary and are accurate to the extent that the facility latitude and longitude listed below are correct. EPA's spatial processing methodology considers the overlap between the selected radii and the census blocks (for U.S. Census demographics) and census block groups (for ACS demographics) in determining the demographics surrounding the facility. For more detail about this methodology, see the DFR Data Dictionary. General Statistics (U.S. Census) Total Persons Population Density Housing Units in Area General Statistics (ACS (American Community Survey)) Total Persons Percent People of Color Households in Area Households on Public Assistance Persons With Low Income Percent With Low Income Geography Radius of Selected Area Center Latitude Center Longitude Land Area Water Area Income Breakdown (ACS (American Community Survey)) - Households (%) Less than $15,000 $15,000 - $25,000 $25,000 - $50,000 $50,000 - $75,000 Greater than $75,000 197 62/sq.mi. 72 205 2% 71 2 32 17% 1 mi. 40.480014 -78.640921 100% 0% 6 (8.45%) 3 (4.23%) 19 (26.76%) 11 (15.49%) 32 (45.07%) Age Breakdown (U.S. Census) - Persons (%) Children 5 years and younger Minors 17 years and younger Adults 18 years and older Seniors 65 years and older 10 (5%) 55 (28%) 142 (72%) 17 (9%) Race Breakdown (U.S. Census) - Persons (%) White African-American Hispanic-Origin Asian/Pacific Islander American Indian Other/Multiracial 193 (98%) 1 (1%) 0 (0%) 0 (0%) 1 (1%) 2 (1%) Education Level (Persons 25 & older) (ACS (American Community Survey)) - Persons (%) Less than 9th Grade 9th through 12th Grade High School Diploma Some College/2-year B.S./B.A. (Bachelor of Science/Bachelor of Arts) or More 1 (.77%) 5 (3.85%) 65 (50%) 18 (13.85%) 23 (17.69%) LAST UPDATED ON SEPTEMBER 21, 2022 DATA REFRESH INFORMATION https://echo.epa.gov/detailed-facility-report?fid=110023167516 3/3 Vale Wood Dairy (PA0009466) Compliance Evaluation Inspection Report Exhibit 3 Documentation that Identifies Non-Reported Effluent Limit Exceedances for Outfall 001 Unique Project Identifier: 3E23WN010A Inspection Date: December 6, 2022 Vale Wood Dairy (PA0009466) Compliance Evaluation Inspection Report Appendix C NPDES Permit No. PA0009466 Unique Project Identifier: 3E23WN010A Inspection Date: December 6, 2022 3800-PM-WSFR0011 Rev. 5/2012 Permit COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF ENVIRONMENTAL PROTECTION BUREAU OF POINT AND NON-POINT SOURCE MANAGEMENT AUTHORIZATION TO DISCHARGE UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM DISCHARGE REQUIREMENTS FOR INDUSTRIAL WASTEWATER FACILITIES 3800-PM-WSFR0011 Rev. 8/2009 NPDES PERMIT NO: PA0009466 In compliance with the provisions of the Clean Water Act, 33 U.S.C. Section 1251 et seq. ("the Act") and Pennsylvania's Clean Streams Law, as amended, 35 P.S. Section 691.1 et seq., Vale Wood Farms 517 Vale Wood Road Loretto, PA 15940-6605 is authorized to discharge from a facility known as Vale Wood Dairy, located in Munster Township, Cambria County, to Clearfield Creek in Watershed(s) 8-C in accordance with effluent limitations, monitoring requirements and other conditions set forth in Parts A, B and C hereof. THIS PERMIT SHALL BECOME EFFECTIVE ON a THIS PERMIT SHALL EXPIRE AT MIDNIGHT ON NOVEMBER 1, 2012 OCTOBER 31, 2017 The authority granted by this permit is subject to the following further qualifications: 1. If there is a conflict between the application, its supporting documents and/or amendments and the terms and conditions of this permit, the terms and conditions shall apply. 2. Failure to comply with the terms, conditions or effluent limitations of this permit is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or for denial of a permit renewal application. (40 CFR 122.41(a)) 3. A complete application for renewal of this permit, or notice of intent to cease discharging by the expiration date, must be submitted to DEP at least 180 days prior to the above expiration date (unless permission has been granted by DEP for submission at a later date), using the appropriate NPDES permit application form. (40 CFR 122.41(b), 122.21(d)(2)) In the event that a timely and complete application for renewal has been submitted and DEP is unable, through no fault of the permittee, to reissue the permit before the above expiration date, the terms and conditions of this permit, including submission of the Discharge Monitoring Reports (DMRs), will be automatically continued and will remain fully effective and enforceable against the discharger until DEP takes final action on the pending permit application. (25 Pa. Code 92a.7 (b), (c)) 4. This NPDES permit does not constitute authorization to construct or make modifications to wastewater treatment facilities necessary to meet the terms and conditions of this permit. DATE PERMIT ISSUED ISSUED BY Samuel C. Harper Clean Water Program Manager Southwest Regional Office 1 3800-PM-WSFR0011 Rev. 5/2012 Permit Permit No. PA0009466 PART A - EFFLUENT LIMITATIONS, MONITORING, RECORDKEEPING AND REPORTING REQUIREMENTS I. A. For Outfall 001 a Receiving Waters: a Type of Effluent: , Latitude 40 28' 36" , Longitude 78 38' 7" , River Mile Index 70.71 , Stream Code 26107 Clearfield Creek Non-contact cooling water from compressor systems, steam condensate overflows, process wastes resulting from cleaning and water flushes, and stormwater. 1. The permittee is authorized to discharge during the period from Permit Effective Date through Permit Expiration Date. 2. Based on the anticipated wastewater characteristics and flows described in the permit application and its supporting documents and/or amendments, the following effluent limitations and monitoring requirements apply (see also Additional Requirements and Footnotes). Parameter Mass Units (lbs/day) (1) Average Daily Monthly Maximum Effluent Limitations Concentrations (mg/L) Daily Average Daily Minimum Monthly Maximum Instant. Maximum Monitoring Requirements Minimum (2) Required Measurement Sample Frequency Type Flow (MGD) Report XXX XXX XXX XXX XXX 1/week Weir pH (S.U.) Total Residual Chlorine (3) XXX XXX XXX XXX 6.0 XXX XXX 0.5 XXX XXX 9.0 1/week Grab 1.6 2/month Grab BOD5 4.8 9.6 XXX 40.3 80.7 XXX 2/month Grab Total Suspended Solids Fecal Coliform May 1 - Sep 30 Fecal Coliform Oct 1 - Apr 30 7.2 XXX XXX 14.4 XXX XXX XXX XXX XXX 60.5 200 Geo Mean 2,000 Geo Mean 121 XXX XXX XXX 1,000 10,000 2/month 2/month 2/month Grab Grab Grab Total Nitrogen XXX XXX XXX XXX Report XXX 2/year Grab Ammonia-Nitrogen XXX XXX XXX XXX Report XXX 2/year Grab 2 3800-PM-WSFR0011 Rev. 5/2012 Permit Permit No. PA0009466 Outfall 001, Continued (from Permit Effective Date through Permit Expiration Date) Parameter Mass Units (lbs/day) (1) Average Daily Monthly Maximum Effluent Limitations Concentrations (mg/L) Daily Average Daily Minimum Monthly Maximum Instant. Maximum Total Phosphorus XXX XXX XXX XXX Report XXX Total Aluminum XXX XXX XXX XXX Report XXX Total Iron XXX XXX XXX XXX Report XXX Total Manganese XXX XXX XXX XXX Report XXX Samples taken in compliance with the monitoring requirements specified above shall be taken at the following location(s): at Outfall 001 (chlorine contact tank) Monitoring Requirements Minimum (2) Required Measurement Sample Frequency Type 2/year Grab 2/year Grab 2/year Grab 2/year Grab 3 3800-PM-WSFR0011 Rev. 5/2012 Permit Permit No. PA0009466 PART A - EFFLUENT LIMITATIONS, MONITORING, RECORDKEEPING AND REPORTING REQUIREMENTS I. B. For Outfall 002 a Receiving Waters: a Type of Effluent: , Latitude 40 28' 45" Clearfield Creek Boiler blowdown. , Longitude 78 38' 24" , River Mile Index 71.12 , Stream Code 26107 1. The permittee is authorized to discharge during the period from Permit Effective Date through Permit Expiration Date. 2. Based on the anticipated wastewater characteristics and flows described in the permit application and its supporting documents and/or amendments, the following effluent limitations and monitoring requirements apply (see also Additional Requirements and Footnotes). Parameter Mass Units (lbs/day) (1) Average Daily Monthly Maximum Effluent Limitations Concentrations (mg/L) Daily Average Daily Minimum Monthly Maximum Instant. Maximum Monitoring Requirements Minimum (2) Required Measurement Sample Frequency Type pH (S.U.) XXX XXX 6.0 XXX XXX 9.0 1/quarter Grab Samples taken in compliance with the monitoring requirements specified above shall be taken at the following location(s): at Outfall 002 (discharge pipe entering marsh) 4 3800-PM-WSFR0011 Rev. 5/2012 Permit Permit No. PA0009466 PART A - EFFLUENT LIMITATIONS, MONITORING, RECORDKEEPING AND REPORTING REQUIREMENTS (Continued) Additional Requirements The permittee may not discharge: 1. Floating solids, scum, sheen or substances that result in observed deposits in the receiving water. (25 Pa Code 92a.41(c)) 2. Oil and grease in amounts that cause a film or sheen upon or discoloration of the waters of this Commonwealth or adjoining shoreline, or that exceed 15 mg/l as a daily average or 30 mg/l at any time (or lesser amounts if specified in this permit). (25 Pa. Code 92a.47(a)(7) and 95.2(2)) 3. Substances in concentration or amounts sufficient to be inimical or harmful to the water uses to be protected or to human, animal, plant or aquatic life. (25 Pa Code 93.6(a)) 4. Foam or substances that produce an observed change in the color, taste, odor or turbidity of the receiving water, unless those conditions are otherwise controlled through effluent limitations or other requirements in this permit. (25 Pa Code 92a.41(c)) Footnotes (1) When sampling to determine compliance with mass effluent limitations, the discharge flow at the time of sampling must be measured and recorded. (2) This is the minimum number of sampling events required. Permittees are encouraged, and it may be advantageous in demonstrating compliance, to perform more than the minimum number of sampling events. (3) The permittee is not, at the time of permit issuance, using chlorine for effluent disinfection. The permittee may request an amendment to this permit to remove Total Residual Chlorine (TRC) limits following one year of TRC monitoring. DEP may amend the permit to remove TRC limits if effluent limitations for Fecal Coliform have been achieved. 5 3800-PM-WSFR0011 Rev. 5/2012 Permit Permit No. PA0009466 II. DEFINITIONS At Outfall (XXX) means a sampling location in outfall line XXX below the last point at which wastes are added to outfall line (XXX), or where otherwise specified. Average refers to the use of an arithmetic mean, unless otherwise specified in this permit. (40 CFR 122.41(l)(4)(iii)) Best Management Practices (BMPs) means schedules of activities, prohibitions of practices, maintenance procedures and other management practices to prevent or reduce the pollution to surface waters of the Commonwealth. BMPs also include treatment requirements, operating procedures and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage. (25 Pa. Code 92a.2) Bypass means the intentional diversion of waste streams from any portion of a treatment facility. (40 CFR 122.41(m)(1)(i)) Calendar Week is defined as the seven consecutive days from Sunday through Saturday, unless the permittee has been given permission by DEP to provide weekly data as Monday through Friday based on showing excellent performance of the facility and a history of compliance. In cases when the week falls in two separate months, the month with the most days in that week shall be the month for reporting. Clean Water Act means the Federal Water Pollution Control Act, as amended. (33 U.S.C.A. 1251 to 1387). Chemical Additive means the chemicals that are used to control corrosion, algae, slime, fouling, oxygen or other blow down discharges in systems within a facility that might be present in its wastewater discharge. Other chemicals that would be included in this category include by are not limited to polymers, water softeners, flocculants, coagulants, emulsion breakers, dispersants, other oxygen scavenger or possible known carcinogens. Composite Sample (for all except GC/MS volatile organic analysis) means a combination of individual samples (at least eight for a 24-hour period or four for an 8-hour period) of at least 100 milliliters (mL) each obtained at spaced time intervals during the compositing period. The composite must be flow-proportional; either the volume of each individual sample is proportional to discharge flow rates, or the sampling interval is proportional to the flow rates over the time period used to produce the composite. (EPA Form 2C) Composite Sample (for GC/MS volatile organic analysis) consists of at least four aliquots or grab samples collected during the sampling event (not necessarily flow proportioned). The samples must be combined in the laboratory immediately before analysis and then one analysis is performed. (EPA Form 2C) Daily Average Temperature means the average of all temperature measurements made, or the mean value plot of the record of a continuous automated temperature recording instrument, either during a calendar day or during the operating day if flows are of a shorter duration. Daily Discharge means the discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the calendar day for purposes of sampling. For pollutants with limitations expressed in units of mass, the "daily discharge" is calculated as the total mass of the pollutant discharged over the day. For pollutants with limitations expressed in other units of measurement, the "daily discharge" is calculated as the average measurement of the pollutant over the day. (25 Pa. Code 92a.2 and 40 CFR 122.2) Daily Maximum Discharge Limitation means the highest allowable "daily discharge." Discharge Monitoring Report (DMR) means the DEP or EPA supplied form(s) for the reporting of selfmonitoring results by the permittee. (25 Pa. Code 92a.2 and 40 CFR 122.2) Estimated Flow means any method of liquid volume measurement based on a technical evaluation of the sources contributing to the discharge including, but not limited to, pump capabilities, water meters and batch discharge volumes. 6 3800-PM-WSFR0011 Rev. 5/2012 Permit Permit No. PA0009466 Geometric Mean means the average of a set of n sample results given by the nth root of their product. Grab Sample means an individual sample of at least 100 mL collected at a randomly selected time over a period not to exceed 15 minutes. (EPA Form 2C) Hazardous Substance means any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. (40 CFR 122.2) Hauled-In Wastes means any waste that is introduced into a treatment facility through any method other than a direct connection to the wastewater collection system. The term includes wastes transported to and disposed of within the treatment facility or other entry points within the collection system. Immersion Stabilization (i-s) means a calibrated device is immersed in the wastewater until the reading is stabilized. Instantaneous Maximum Effluent Limitation means the highest allowable discharge of a concentration or mass of a substance at any one time as measured by a grab sample. (25 Pa. Code 92a.2) Measured Flow means any method of liquid volume measurement, the accuracy of which has been previously demonstrated in engineering practice, or for which a relationship to absolute volume has been obtained. Monthly Average Discharge Limitation means the highest allowable average of "daily discharges" over a calendar month, calculated as the sum of all "daily discharges" measured during a calendar month divided by the number of "daily discharges" measured during that month. (25 Pa. Code 92a.2) Non-contact Cooling Water means water used to reduce temperature which does not come in direct contact with any raw material, intermediate product, waste product (other than heat), or finished product. Severe Property Damage means substantial physical damage to property, damage to the treatment facilities that causes them to become inoperable, or substantial and permanent loss of natural resources that 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. (40 CFR 122.41(m)(1)(ii)) Stormwater means the runoff from precipitation, snow melt runoff, and surface runoff and drainage. (25 Pa. Code 92a.2) Stormwater Associated With Industrial Activity means the discharge from any conveyance that is used for collecting and conveying stormwater and that is directly related to manufacturing, processing, or raw materials storage areas at an industrial plant, and as defined at 40 CFR 122.26(b)(14) (i) - (ix) & (xi) and 25 Pa. Code 92a.2. Total Dissolved Solids means the total dissolved (filterable) solids as determined by use of the method specified in 40 CFR Part 136. Toxic Pollutant means those pollutants, or combinations of pollutants, including disease-causing agents, which after discharge and upon exposure, ingestion, inhalation or assimilation into any organism, either directly from the environment or indirectly by ingestion through food chains may, on the basis of information available to DEP cause death, disease, behavioral abnormalities, cancer, genetic mutations, physiological malfunctions, including malfunctions in reproduction, or physical deformations in these organisms or their offspring. (25 Pa. Code 92a.2) 7 3800-PM-WSFR0011 Rev. 5/2012 Permit Permit No. PA0009466 III. SELF-MONITORING, REPORTING AND RECORDKEEPING A. Representative Sampling 1. Samples and measurements taken for the purpose of monitoring shall be representative of the monitored activity (40 CFR 122.41(j)(1)). Representative sampling includes the collection of samples during periods of adverse weather, changes in treatment plant performance and changes in treatment plant loading. If possible, effluent samples must be collected where the effluent is well mixed near the center of the discharge conveyance and at the approximate mid-depth point, where the turbulence is at a maximum and the settlement of solids is minimized. 2. Records Retention (40 CFR 122.41(j)(2)) Except for records of monitoring information required by this permit related to the permittee's sludge use and disposal activities which shall be retained for a period of at least 5 years, all records of monitoring activities and results (including all original strip chart recordings for continuous monitoring instrumentation and calibration and maintenance records), copies of all reports required by this permit, and records of all data used to complete the application for this permit shall be retained by the permittee for 3 years from the date of the sample measurement, report or application, unless a longer retention period is required by the permit. The 3-year period shall be extended as requested by DEP or the EPA Regional Administrator. 3. Recording of Results (40 CFR 122.41(j)(3)) For each measurement or sample taken pursuant to the requirements of this permit, the permittee shall record the following information: a. The exact place, date and time of sampling or measurements. b. The person(s) who performed the sampling or measurements. c. The date(s) the analyses were performed. d. The person(s) who performed the analyses. e. The analytical techniques or methods used; and the associated detection level. f. The results of such analyses. 4. Test Procedures (40 CFR 122.41(j)(4)) Facilities that test or analyze environmental samples used to demonstrate compliance with this permit shall be in compliance with laboratory accreditation requirements of Act 90 of 2002 (27 Pa. C.S. 4101-4113) and 25 Pa. Code Chapter 252, relating to environmental laboratory accreditation. Unless otherwise specified in this permit, the test procedures for the analysis of pollutants shall be those approved under 40 CFR Part 136 (or in the case of sludge use or disposal, approved under 40 CFR Part 136, unless otherwise specified in 40 CFR Part 503 or Subpart J of 25 Pa. Code Chapter 271), or alternate test procedures approved pursuant to those parts, unless other test procedures have been specified in this permit. 5. Quality/Assurance/Control In an effort to assure accurate self-monitoring analyses results: a. The permittee, or its designated laboratory, shall participate in the periodic scheduled quality assurance inspections conducted by DEP and EPA. (40 CFR 122.41(e), 122.41(i)(3)) b. The permittee, or its designated laboratory, shall develop and implement a program to assure the quality and accurateness of the analyses performed to satisfy the requirements of this permit, in accordance with 40 CFR Part 136. (40 CFR 122.41(j)(4)) 8 3800-PM-WSFR0011 Rev. 5/2012 Permit Permit No. PA0009466 B. Reporting of Monitoring Results 1. The permittee shall effectively monitor the operation and efficiency of all wastewater treatment and control facilities, and the quantity and quality of the discharge(s) as specified in this permit. (40 CFR 122.41(e),122.44(i)(1)) 2. Discharge Monitoring Reports (DMRs) must be completed in accordance with DEP's published DMR Instructions (3800-BPNPSM-0463). DMRs are based on calendar reporting periods. DMR(s) must be received by the agency(ies) specified in paragraph 3 below in accordance with the following schedule: - Monthly DMRs must be received within 28 days following the end of each calendar month. - Quarterly DMRs must be received within 28 days following the end of each calendar quarter, i.e., January 28, April 28, July 28, and October 28. - Semiannual DMRs must be received within 28 days following the end of each calendar semiannual period, i.e., January 28 and July 28. - Annual DMRs must be received by January 28, unless Part C of this permit requires otherwise. 3. The permittee shall complete all Supplemental Reporting forms (Supplemental DMRs) provided by DEP in this permit (or an approved equivalent), and submit the signed, completed forms as an attachment to the DMR(s). If the permittee elects to use DEP's electronic DMR (eDMR) system, one electronic submission may be made for DMRs and Supplemental DMRs. If paper forms are used, the completed forms shall be mailed to: a Department of Environmental Protection Clean Water Program 400 Waterfront Drive Pittsburgh, PA 15222-4745 Attn: Water Quality Specialist Department of Environmental Protection Cambria Office 286 Industrial Park Road Ebensburg, PA 15931-4119 4. If the permittee elects to begin using DEP's eDMR system to submit DMRs required by the permit, the permittee shall, to assure continuity of business operations, continue using the eDMR system to submit all DMRs and Supplemental Reports required by the permit, unless the following steps are completed to discontinue use of eDMR: a. The permittee shall submit written notification to the regional office that issued the permit that it intends to discontinue use of eDMR. The notification shall be signed by a principal executive officer or authorized agent of the permittee. b. The permittee shall continue using eDMR until the permittee receives written notification from DEP's Central Office that the facility has been removed from the eDMR system, and electronic report submissions are no longer expected. 5. The completed DMR Form shall be signed and certified by either of the following applicable persons, as defined in 25 Pa. Code 92a.22: - For a corporation - by a principal executive officer of at least the level of vice president, or an authorized representative, if the representative is responsible for the overall operation of the facility from which the discharge described in the NPDES form originates. - For a partnership or sole proprietorship - by a general partner or the proprietor, respectively. 9 3800-PM-WSFR0011 Rev. 5/2012 Permit Permit No. PA0009466 - For a municipality, state, federal or other public agency - by a principal executive officer or ranking elected official. If signed by a person other than the above, written notification of delegation of DMR signatory authority must be submitted to DEP in advance of or along with the relevant DMR form. (40 CFR 122.22(b)) 6. If the permittee monitors any pollutant at monitoring points as designated by this permit, using analytical methods described in Part A III.A.4. herein, more frequently than the permit requires, the results of this monitoring shall be incorporated, as appropriate, into the calculations used to report selfmonitoring data on the DMR. (40 CFR 122.41(l)(4)(ii)) C. Reporting Requirements 1. Planned Changes to Physical Facilities - The permittee shall give notice to DEP as soon as possible but no later than 30 days prior to planned physical alterations or additions to the permitted facility. A permit under 25 Pa. Code Chapter 91 may be required for these situations prior to implementing the planned changes. A permit application, or other written submission to DEP, can be used to satisfy the notification requirements of this section. Notice is required when: a. The alteration or addition to a permitted facility may meet one of the criteria for determining whether a facility is a new source in 40 CFR 122.29(b). (40 CFR 122.41(l)(1)(i)) b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants which are not subject to effluent limitations in this permit. (40 CFR 122.41(l)(1)(ii)) c. The alteration or addition results in a significant change in the permittee's sludge use or disposal practices, and such alteration, addition, or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan. (40 CFR 122.41(l)(1)(iii)) d. The planned change may result in noncompliance with permit requirements. (40 CFR 122.41(l)(2)) e. The facility is proposing an expansion or modifications to its treatment processes. 2. Planned Changes to Waste Stream - Under the authority of 25 Pa. Code 92a.24(a), the permittee shall provide notice to DEP as soon as possible but no later than 45 days prior to any changes in the volume or pollutant concentration of its influent waste stream as a result of indirect discharges or hauled-in wastes, as specified in paragraphs 2.a. and 2.b., below. Notice shall be provided on the "Planned Changes to Waste Stream" Supplemental Report (3800-FM-BPNPSM0482), available on DEP's web site. The permittee shall provide information on the quality and quantity of waste introduced into the facility, and any anticipated impact of the change on the quantity or quality of effluent to be discharged from the facility. The Report shall be sent via Certified Mail or other means to confirm DEP's receipt of the notification. DEP will determine if the submission of a new application and receipt of a new or amended permit is required. a. Introduction of New Pollutants (25 Pa. Code 92a.24(a)) New pollutants are defined as parameters that meet one or more of the following criteria: (i) Were not detected in the facilities' influent waste stream as reported in the permit application, or were otherwise not analyzed in the influent and reported to DEP prior to permit issuance; (ii) Have not been previously approved to be included in the permittee's influent waste stream by DEP in writing. 10 3800-PM-WSFR0011 Rev. 5/2012 Permit Permit No. PA0009466 The permittee shall provide notification of the introduction of new pollutants in accordance with paragraph 2 above. The permittee may not authorize the introduction of new pollutants until the permittee receives DEP's written approval. b. Increased Loading of Approved Pollutants (25 Pa. Code 92a.24(a)) Approved pollutants are defined as parameters that meet one or more of the following criteria: (i) Were detected in the facilities' influent waste stream as reported in the permittee's permit application or were otherwise analyzed and reported to DEP prior to permit issuance; (ii) Have an effluent limitation or monitoring requirement in this permit; (iii) Have been previously approved for the permittee's influent waste stream by DEP in writing. The permittee shall provide notification of the introduction of increased influent loading (lbs/day) of approved pollutants in accordance with paragraph 2 above when (1) the cumulative increase in influent loading (lbs/day) exceeds 10% of the maximum loading reported in the permit application, or a loading previously approved by DEP, or (2) may cause an exceedance in the effluent of Effluent Limitation Guidelines (ELGs) or limitations in Part A of this permit, or (3) may cause interference or pass through at the facility, or (4) may cause exceedances of the applicable water quality standards in the receiving stream. Unless specified otherwise in this permit, if DEP does not respond to the notification within 30 days of its receipt, the permittee may proceed with the increase in loading. The acceptance of increased loading of approved pollutants may not result in an exceedance of ELGs or effluent limitations and may not cause exceedances of the applicable water quality standards in the receiving stream. 3. Reporting Requirements for Hauled-In Wastes a. Receipt of Residual Waste (i) The permittee shall document the receipt of all hauled-in residual wastes (including but not limited to wastewater from oil and gas wells, food processing waste, and landfill leachate) received for processing at the treatment facility. The permittee shall report hauled-in residual wastes on a monthly basis to DEP on the "Hauled In Residual Wastes" Supplemental Report (3800-FM-BPNPSM0450) as an attachment to the DMR. If no residual wastes were received during a month, submission of the Supplemental Report is not required. The following information is required by the Supplemental Report. The information used to develop the Report shall be retained by the permittee for five years from the date of receipt and must be made available to DEP or EPA upon request. (1) The dates that residual wastes were received. (2) The volume (gallons) of wastes received. (3) The license plate number of the vehicle transporting the waste to the treatment facility. (4) The permit number(s) of the well(s) where residual wastes were generated, if applicable. (5) The name and address of the generator of the residual wastes. (6) The type of wastewater. (7) Documentation of whether or not a chemical analysis of the residual wastes were reported on a Residual Waste Form 26R, or a separate waste characterization using the parameters from Form 26R. 11 3800-PM-WSFR0011 Rev. 5/2012 Permit Permit No. PA0009466 The transporter of residual waste must maintain these and other records as part of the daily operational record (25 Pa. Code 299.219). If the transporter is unable to provide this information, the residual wastes shall not be accepted by the permittee until such time as the transporter is able to provide the required information. (ii) The following conditions apply to the characterization of residual wastes received by the permitted treatment facility: (1) The permitted facility must receive and maintain on file a characterization of the residual wastes it receives from the generator, as required by 25 Pa. Code 287.54. The characterization shall conform to the Bureau of Waste Management's Form 26R except as noted in paragraph (2), below. Each load of residual waste received must be characterized accordingly. (2) For wastewater generated from hydraulic fracturing operations ("frac wastewater") within the first 30 production days of a well site, the characterization may be a general frac wastewater characterization approved by DEP. Thereafter, the characterization must be waste-specific and reported on the Form 26R. b. Receipt of Municipal Waste (i) The permittee shall document the receipt of all hauled-in municipal wastes (including but not limited to septage and liquid sewage sludge) received for processing at the treatment facility. The permittee shall report hauled-in municipal wastes on a monthly basis to DEP on the "Hauled In Municipal Wastes" Supplemental Report (3800-FM-BPNPSM0437) as an attachment to the DMR. If no municipal wastes were received during a month, submission of the Supplemental Report is not required. The following information is required by the Supplemental Report: (1) The dates that municipal wastes were received. (2) The volume (gallons) of wastes received. (3) The BOD5 concentration (mg/l) and load (lbs) for the wastes received. (4) The location(s) where wastes were disposed of within the treatment facility. (ii) Sampling and analysis of hauled-in municipal wastes must be completed to characterize the organic strength of the wastes, unless composite sampling of influent wastewater is performed at a location downstream of the point of entry for the wastes. 4. Unanticipated Noncompliance or Potential Pollution Reporting a. Immediate Reporting - The permittee shall immediately report any incident causing or threatening pollution in accordance with the requirements of 25 Pa. Code Sections 91.33 and 92a.41(b). (i) If, because of an accident, other activity or incident a toxic substance or another substance which would endanger users downstream from the discharge, or would otherwise result in pollution or create a danger of pollution or would damage property, the permittee shall immediately notify DEP by telephone of the location and nature of the danger. Oral notification to the Department is required as soon as possible, but no later than 4 hours after the permittee becomes aware of the incident causing or threatening pollution. (ii) If reasonably possible to do so, the permittee shall immediately notify downstream users of the waters of the Commonwealth to which the substance was discharged. Such notice shall include the location and nature of the danger. 12 3800-PM-WSFR0011 Rev. 5/2012 Permit Permit No. PA0009466 (iii) The permittee shall immediately take or cause to be taken steps necessary to prevent injury to property and downstream users of the waters from pollution or a danger of pollution and, in addition, within 15 days from the incident, shall remove the residual substances contained thereon or therein from the ground and from the affected waters of this Commonwealth to the extent required by applicable law. b. The permittee shall report any noncompliance which may endanger health or the environment in accordance with the requirements of 40 CFR 122.41(l)(6). These requirements include the following obligations: (i) 24 Hour Reporting - The permittee shall orally report any noncompliance with this permit which may endanger health or the environment within 24 hours from the time the permittee becomes aware of the circumstances. The following shall be included as information which must be reported within 24 hours under this paragraph: (1) Any unanticipated bypass which exceeds any effluent limitation in the permit; (2) Any upset which exceeds any effluent limitation in the permit; and (3) Violation of the maximum daily discharge limitation for any of the pollutants listed in the permit as being subject to the 24-hour reporting requirement. (40 CFR 122.44(g)) (ii) Written Report - A written submission shall also be provided within 5 days of the time the permittee becomes aware of any noncompliance which may endanger health or the environment. The written submission shall contain a description of the noncompliance and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. (iii) Waiver of Written Report - DEP may waive the written report on a case-by-case basis if the associated oral report has been received within 24 hours from the time the permittee becomes aware of the circumstances which may endanger health or the environment. Unless such a waiver is expressly granted by DEP, the permittee shall submit a written report in accordance with this paragraph. (40 CFR 122.41(l)(6)(iii)) 5. Other Noncompliance The permittee shall report all instances of noncompliance not reported under paragraph C.4 of this section or specific requirements of compliance schedules, at the time DMRs are submitted, on the Non-Compliance Reporting Form (3800-FM-BPNPSM0440). The reports shall contain the information listed in paragraph C.4.b.(ii) of this section. (40 CFR 122.41(l)(7)) D. Specific Toxic Pollutant Notification Levels (for Manufacturing, Commercial, Mining, and Silvicultural Direct Dischargers) - The permittee shall notify DEP as soon as it knows or has reason to believe the following: (40 CFR 122.42(a)) 1. That any activity has occurred, or will occur, which would result in the discharge of any toxic pollutant which is not limited in this permit, if that discharge on a routine or frequent basis will exceed the highest of the following "notification levels": (40 CFR 122.42(a)(1)) a. One hundred micrograms per liter. b. Two hundred micrograms per liter for acrolein and acrylonitrile. c. Five hundred micrograms per liter for 2,4-dinitrophenol and 2-methyl-4,6-dinitrophenol. d. One milligram per liter for antimony. 13 3800-PM-WSFR0011 Rev. 5/2012 Permit Permit No. PA0009466 e. Five times the maximum concentration value reported for that pollutant in this permit application. f. Any other notification level established by DEP. 2. That any activity has occurred or will occur which would result in any discharge, on a nonroutine or infrequent basis, of a toxic pollutant which is not limited in this permit, if that discharge will exceed the highest of the following "notification levels": (40 CFR 122.42(a)(2)) a. Five hundred micrograms per liter. b. One milligram per liter for antimony. c. Ten times the maximum concentration value reported for that pollutant in the permit application. d. Any other notification level established by DEP. 14 3800-PM-WSFR0011 Rev. 5/2012 Permit Permit No. PA0009466 PART B I. MANAGEMENT REQUIREMENTS A. Compliance Schedules (25 Pa. Code 92a.51 and 40 CFR 122.47(a)) 1. The permittee shall achieve compliance with the terms and conditions of this permit within the time frames specified in this permit. 2. The permittee shall submit reports of compliance or noncompliance, or progress reports as applicable, for any interim and final requirements contained in this permit. Such reports shall be submitted no later than 14 days following the applicable schedule date or compliance deadline. (40 CFR 122.47(a)(4)) B. Permit Modification, Termination, or Revocation and Reissuance 1. This permit may be modified, terminated, or revoked and reissued during its term in accordance with 25 Pa. Code 92a.72 and 40 CFR 122.41(f). 2. The filing of a request by the permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance, does not stay any permit condition. (40 CFR 122.41(f)) 3. In the absence of DEP action to modify or revoke and reissue this permit, the permittee shall comply with effluent standards or prohibitions established under Section 307(a) of the Clean Water Act for toxic pollutants within the time specified in the regulations that establish those standards or prohibitions. (40 CFR 122.41(a)(1)) C. Duty to Provide Information 1. The permittee shall furnish to DEP, within a reasonable time, any information which DEP may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit, or to determine compliance with this permit. (40 CFR 122.41(h)) 2. The permittee shall furnish to DEP, upon request, copies of records required to be kept by this permit. (40 CFR 122.41(h)) 3. Other Information - Where the permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to DEP, it shall promptly submit the correct and complete facts or information. (40 CFR 122.41(l)(8)) D. Proper Operation and Maintenance The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the terms and conditions of this permit. Proper operation and maintenance includes, but is not limited to, adequate laboratory controls including appropriate quality assurance procedures. This provision also includes the operation of backup or auxiliary facilities or similar systems that are installed by the permittee, only when necessary to achieve compliance with the terms and conditions of this permit. (40 CFR 122.41(e)) E. Duty to Mitigate The permittee shall take all reasonable steps to minimize or prevent any discharge, sludge use or disposal in violation of this permit that has a reasonable likelihood of adversely affecting human health or the environment. (40 CFR 122.41(d)) 15 3800-PM-WSFR0011 Rev. 5/2012 Permit Permit No. PA0009466 F. Bypassing 1. Bypassing Not Exceeding Permit Limitations - The permittee may allow a bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions in paragraphs two, three and four of this section. (40 CFR 122.41(m)(2)) 2. Other Bypassing - In all other situations, bypassing is prohibited and DEP may take enforcement action against the permittee for bypass unless: a. A bypass is unavoidable to prevent loss of life, personal injury or "severe property damage." (40 CFR 122.41(m)(4)(i)(A)) b. There are 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 which occurred during normal periods of equipment downtime or preventive maintenance. (40 CFR 122.41(m)(4)(i)(B)) c. The permittee submitted the necessary notice required in F.4.a. and b. below. (40 CFR 122.41(m) (4)(i)(C)) 3. DEP may approve an anticipated bypass, after considering its adverse effects, if DEP determines that it will meet the conditions listed in F.2. above. (40 CFR 122.41(m)(4)(ii)) 4. Notice a. Anticipated Bypass - If the permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible, at least 10 days before the bypass. (40 CFR 122.41(m)(3)(i)) b. Unanticipated Bypass (i) The permittee shall submit immediate notice of an unanticipated bypass causing or threatening pollution. The notice shall be in accordance with Part A III.C.3.a. (ii) The permittee shall submit oral notice of any other unanticipated bypass within 24 hours, regardless of whether the bypass may endanger health or the environment or whether the bypass exceeds effluent limitations. The notice shall be in accordance with Part A III.C.3.b. II. PENALTIES AND LIABILITY A. Violations of Permit Conditions Any person violating Sections 301, 302, 306, 307, 308, 318 or 405 of the Clean Water Act or any permit condition or limitation implementing such sections in a permit issued under Section 402 of the Act is subject to civil, administrative and/or criminal penalties as set forth in 40 CFR 122.4l(a)(2). Any person or municipality, who violates any provision of this permit; any rule, regulation or order of DEP; or any condition or limitation of any permit issued pursuant to the Clean Streams Law, is subject to criminal and/or civil penalties as set forth in Sections 602, 603 and 605 of the Clean Streams Law. B. Falsifying Information Any person who does any of the following: - Falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required to be maintained under this permit, or 16 3800-PM-WSFR0011 Rev. 5/2012 Permit Permit No. PA0009466 - 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 and/or imprisonment as set forth in 18 Pa.C.S.A 4904 and 40 CFR 122.41(j)(5) and (k)(2). C. Liability Nothing in this permit shall be construed to relieve the permittee from civil or criminal penalties for noncompliance pursuant to Section 309 of the Clean Water Act or Sections 602, 603 or 605 of the Clean Streams Law. Nothing in this permit shall be construed to preclude the institution of any legal action or to relieve the permittee from any responsibilities, liabilities or penalties to which the permittee is or may be subject to under the Clean Water Act and the Clean Streams Law. D. Need to Halt or Reduce Activity Not a Defense It shall not be a defense for the permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of this permit. (40 CFR 122.41(c)) III. OTHER RESPONSIBILITIES A. Right of Entry Pursuant to Sections 5(b) and 305 of Pennsylvania's Clean Streams Law, and Title 25 Pa. Code Chapter 92 and 40 CFR 122.41(i), the permittee shall allow authorized representatives of DEP and EPA, upon the presentation of credentials and other documents as may be required by law: 1. To enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; (40 CFR 122.41(i)(1)) 2. To have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; (40 CFR 122.41(i)(2)) 3. To inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices or operations regulated or required under this permit; and (40 CFR 122.41(i)(3)) 4. To sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act or the Clean Streams Law, any substances or parameters at any location. (40 CFR 122.41(i)(4)) B. Transfer of Permits 1. Transfers by modification. Except as provided in paragraph 2 of this section, a permit may be transferred by the permittee to a new owner or operator only if this permit has been modified or revoked and reissued, or a minor modification made to identify the new permittee and incorporate such other requirements as may be necessary under the Clean Water Act. (40 CFR 122.61(a)) 2. Automatic transfers. As an alternative to transfers under paragraph 1 of this section, any NPDES permit may be automatically transferred to a new permittee if: a. The current permittee notifies DEP at least 30 days in advance of the proposed transfer date in paragraph 2.b. of this section; (40 CFR 122.61(b)(1)) 17 3800-PM-WSFR0011 Rev. 5/2012 Permit Permit No. PA0009466 b. The notice includes the appropriate DEP transfer form signed by the existing and new permittees containing a specific date for transfer of permit responsibility, coverage and liability between them; (40 CFR 122.61(b)(2)) c. DEP does not notify the existing permittee and the proposed new permittee of its intent to modify or revoke and reissue this permit, the transfer is effective on the date specified in the agreement mentioned in paragraph 2.b. of this section; and (40 CFR 122.61(b)(3)) d. The new permittee is in compliance with existing DEP issued permits, regulations, orders and schedules of compliance, or has demonstrated that any noncompliance with the existing permits has been resolved by an appropriate compliance action or by the terms and conditions of the permit (including compliance schedules set forth in the permit), consistent with 25 Pa. Code 92a.51 (relating to schedules of compliance) and other appropriate DEP regulations. (25 Pa. Code 92a.71) 3. In the event DEP does not approve transfer of this permit, the new owner or controller must submit a new permit application. C. Property Rights The issuance of this permit does not convey any property rights of any sort, or any exclusive privilege. (40 CFR 122.41(g)) D. Duty to Reapply If the permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the permittee must apply for a new permit. (40 CFR 122.41(b)) E. Other Laws The issuance of this permit does not authorize any injury to persons or property or invasion of other private rights, or any infringement of state or local law or regulations. IV. ANNUAL FEES Permittees shall pay an annual fee in accordance with 25 Pa. Code 92a.62. Annual fee amounts are specified in the following schedule and are due on each anniversary of the effective date of the most recent new or reissued permit. All flows identified in the schedule are annual average design flows. (25 Pa. Code 92a. 62) Minor IW Facility without ELG (Effluent Limitation Guideline) Minor IW Facility with ELG Major IW Facility < 250 MGD (million gallons per day) Major IW Facility 250 MGD IW Stormwater Individual Permit CAAP (Concentrated Aquatic Animal Production Facility) $500 $1,500 $5,000 $25,000 $1,000 $0 As of the effective date of this permit, the facility covered by the permit is classified in the following fee category: Minor IW Facility with ELG. Invoices for annual fees will be mailed to permittees approximately three months prior to the due date. In the event that an invoice is not received, the permittee is nonetheless responsible for payment. Throughout a five year permit term, permittees will pay four annual fees followed by a permit renewal application fee in the last year of permit coverage. Permittees may contact the DEP at 717-787-6744 with questions related to annual fees. 18 3800-PM-WSFR0011 Rev. 5/2012 Permit Permit No. PA0009466 Payment for annual fees shall be remitted to DEP at the address below by the anniversary date. Checks should be made payable to the Commonwealth of Pennsylvania. PA Department of Environmental Protection Bureau of Point and Non-Point Source Management Re: Chapter 92a Annual Fee P.O. Box 8466 Harrisburg, PA 17105-8466 19 3800-PM-WSFR0011 Rev. 5/2012 Permit Permit No. PA0009466 PART C I. OTHER REQUIREMENTS A. Sludges and other solids shall be handled and disposed of in compliance with the Solid Waste Management Act of 1980 (Act 97) and with 25 Pa. Code, Chapters 287, 291, and 299 (relating to residual waste generators) and 288 and 289 (relating to residual waste landfills and impoundments) and the Federal Clean Water Act and its amendments. B. There shall be no net addition of pollutants to non-contact cooling water over intake values except for heat and water conditioning additives for which complete information was submitted in the application or is required to be submitted as a condition of this permit. C. Total Residual Chlorine (TRC) Minimization The permittee will ensure that applied chlorine dosages, used for disinfection or other purposes, are optimized to the degree necessary such that the total residual chlorine in the discharge does not cause an adverse stream impact. In doing so, the permittee shall consider relevant factors affecting chlorine dosage, such as wastewater characteristics, mixing and contact times, desired result of chlorination, and expected impact on the receiving water body. To reduce or eliminate the amount of chlorine discharged into water bodies, the permittee must: (1) improve/adjust process controls and (2) improve operation/maintenance practices. If the Department determines or receives documented evidence levels of TRC in the permittee's effluent are causing adverse impacts in the receiving water, the permittee shall institute necessary additional steps to reduce or eliminate such impact. D. Effluent limitations, monitoring requirements, and other standard and special conditions which relate to the discharge of pollutants authorized by this permit and which are contained in Water Quality Management Permit No. 56314, issued on May 27, 1963, or any subsequent amendments or transfers are superseded by the terms and conditions of this permit, unless specifically noted otherwise herein. E. By November 1, 2013, the permittee shall eliminate the land discharge of cheese whey by conveying these wastes to the waste stabilization ponds, or shall otherwise submit an application to DEP for a Water Quality Management permit for the continued land application of these wastes. F. All areas containing outlets, pipe identification markers and discharge points will be maintained to be accessible and visible for inspections. 20