Document bB1va1nGJ4oZ5ERX2R2xdDjq0

U.S. ENVIRONMENTAL PROTECTION AGENCY REGION III WATER BRANCH, ENFORCEMENT AND COMPLIANCE ASSURANCE DIVISION CLEAN WATER ACT COMPLIANCE INSPECTION REPORT for Name of Facility: Spring Run Fish Hatchery Facility Address: Spring Run Road, Dorcas, WV 268847 Mailing Address: 738 Ward Road, PO Box 67, Elkins, WV 26241 Report Prepared on: 1/20/2023 Date Stephen Digitally signed by Stephen Clark By: Clark Date: 2023.02.03 11:57:53 -07'00' _, Environmental Scientist (PG Environmental) Signature Report Final as of: 2/3/2023 Date MARK By: ZOLANDZ Signature Digitally signed by MARK ZOLANDZ Date: 2023.02.03 15:01:37 -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: Facility Latitude and Longitude: Industrial Wastewater Treatment Facility CEI West Virginia Division of Natural Resources (WVDNR) WVDNR WVDNR WV0112500 July 1, 2021 May 04, 2026 Spring Run of South Mill Creek of the South Branch of the Potomac River. Spring Run Road, Dorcas, WV 26847 38.919738, -79.085341 On-Site Facility Inspection Overview On December 8, 2022, a representative from the U.S. Environmental Protection Agency's (EPA's) contract inspector, PG Environmental (the EPA Inspector), conducted a compliance evaluation inspection (CEI) of the Spring Run Fish Hatchery (Facility). WVDNR is identified as the Permittee and owns and operates the Facility. No representative from U.S. EPA Region 3 attended the inspection. Three representatives from the West Virginia Department of Environmental Protection (WVDEP) attended the inspection. Approximate Entry Time: 8:30 AM (EST) Approximate Exit Time: 11:45 AM (EST) Unique Project Identifier (UPI): 3E23WN011A Unique Project Identifier: 3E23WN011A Page 1 of 10 Inspection Date: December 8, 2022 Spring Run Fish Hatchery (WV0112500) 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................................................................................................................5 Permit Status and Effluent Exceedances.............................................................................5 Effluent Monitoring ............................................................................................................8 Best Management Practice Implementation........................................................................9 Stormwater Pollution Prevention Plan Implementation......................................................9 Proper Operation and Maintenance.....................................................................................9 Records Review .............................................................................................................................10 Closing Conference........................................................................................................................10 APPENDIX LIST Appendix A: Photograph Log Appendix B: Exhibit Log o Exhibit 1 - EPA ICIS Exceedance Data for Outlet 008 (October 1, 2017 through October 31, 2021) o Exhibit 2 - EPA ICIS Exceedance Data for Outlet 011 (October 1, 2017 through October 31, 2021) o Exhibit 3 - EPA ECHO Detailed Facility Report o Exhibit 4 - Example Chain of Custody Forms o Exhibit 5 - Spring Run State Fish Hatchery Best Management Practices (Updated 11/16/2020) o Exhibit 6 - SWPPP Employee Training and Site Inspection Forms Appendix C: NPDES Permit No. WV0112500 Unique Project Identifier: 3E23WN011A Page 2 of 10 Inspection Date: December 8, 2022 Spring Run Fish Hatchery (WV0112500) Compliance Evaluation Inspection Report I. INTRODUCTION On December 8, 2022, a representative from U.S. Environmental Protection Agency's (EPA's) contract inspector, PG Environmental (the EPA Inspector), conducted a compliance evaluation inspection (CEI) of the Spring Run Fish Hatchery in Dorcas, West Virginia (Facility). West Virginia Department of Natural Resources (WVDNR) is identified as the Permittee and owns and operates the Facility. Three representatives from the West Virginia Department of Environmental Protection (WVDEP) attended the inspection. The primary purpose of the inspection was to review Facility site conditions and operations, to evaluate wastewater treatment processes at the Facility, to review the accuracy and reliability of the Permittee's selfmonitoring 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. WV0112500 (hereinafter, Permit), which became effective on July 1, 2021 and expires on May 4, 2026. The Permit authorizes the discharge of treated and untreated process wastewater and stormwater to Spring Run of South Mill Creek of the South Branch of the Potomac River via four outlets: Outlet 008: Untreated aquaculture wastewater. Outlet 009: Untreated stormwater runoff. Outlet 010: Untreated stormwater runoff. Outlet 011: Treated aquaculture wastewater from cleaning of raceways and untreated overflow from raceways. Per the Permit application, "Spring Run Fish Hatchery produces about 220,000 pounds of trout annually for stocking into state waters. These trout provide fishing opportunities and contribute to the economy of the State. Spring Run also serves as a rearing facility for sub-catchable sized trout that are transferred to other hatchery facilities to fulfill the objectives and mission of the WV Hatchery Program." II. INSPECTION PROCESS Inspection Opening Conference The EPA Inspector arrived at the Facility at 8:30 AM (EST) for the inspection. Stephen Clark of PG Environmental displayed his Clean Water Act inspector credential to the Hatchery Program Manager 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 Katelyn Crispino Chad Swick Levi Thurman Jim Hedrick Eric Hevener Table 1. Inspection Attendee List Affiliation Telephone EPA Inspector PG Environmental (EPA contractor) (720) 789-8046 WVDEP WVDEP WVDEP WVDEP 304-822-7266 304-822-7266 304-822-7266 Facility Representatives WVDNR, Hatchery Program Manager (304) 637-0245 WVDNR, Hatchery Manager (304) 257-4188 Email stephen.clark@pgenv.com katelyn.e.crispino@wv.gov chad.c.swick@wv.gov levi.c.thurman@wv.gov jim.d.hedrick@wv.gov Not Provided Unique Project Identifier: 3E23WN011A Page 3 of 10 Inspection Date: December 8, 2022 Spring Run Fish Hatchery (WV0112500) Compliance Evaluation Inspection Report Facility Site Walk As part of the inspection process, the EPA Inspector visually observed Facility site conditions and the wastewater treatment train in the presence of Facility representatives. Spring water from Big Spring is piped into the Facility for use in holding pools and raceways. Water is first piped through an aspiration box to increase the concentration of dissolved oxygen in the water. All spring water that flows through the Facility is gravity-fed and single-use. The Facility receives small trout (2 to 3 inches in length) spawned at other hatcheries operated by WVDNR and places them in nine circular holding pools in which they are fed and reared (refer to Appendix A, Photographs 1 through 3). Water that passes through the holding pools is discharged untreated to Spring Run via Outlet 008 (refer to Appendix A, Photographs 4 and 5). After the holding pools, trout are transferred to the raceways to be reared to greater sizes (refer to Appendix A, Photographs 6 and 7). The Facility has twenty-four 100-foot long concrete raceways, six 75-foot long raceways, and six 72-foot long raceways. The raceways are located in three general locations and are referred to as the upper, middle, and lower raceways based on the Facility's topography. Process water inside the raceways is discharged untreated via Outlet 011 when the raceways are not being cleaned and a portion of the process water is discharged treated via Outlet 011 after the raceways are cleaned (refer to Appendix A, Photograph 8). The raceways have 8-foot quiescent zones that collect waste (refer to Appendix A, Photograph 9). The zones are cleaned on an alternating bi-weekly basis; half of the zones are cleaned one week and the other half are cleaned the following week. During cleaning, a wooden board is placed on the raceway outlets so that only wastewater from the quiescent zones is conveyed to the clarifier (refer to Appendix A, Photographs 10 and 11). The "kickstand" inside the quiescent zone is removed to allow wastewater to enter the clarifier (wastewater enters the pipe covered by the kickstand). A pair of valves upstream of the clarifier are used to divert flows either to Outlet 011 or to the clarifier (refer to Appendix A, Photograph 12). Facility representatives stated that the kickstands do not form a complete seal; therefore, some wastewater from the quiescent zones is discharged untreated via Outlet 011 during non-raceway cleaning (i.e., when wastewater is not being conveyed to the clarifier). The clarifier is used as a batch clarifier (refer to Appendix A, Photographs 13 through 17). Wastewater is allowed to settle for approximately 24 hours in the clarifier and the supernatant is pumped from the clarifier to Outlet 011 via a decanter (refer to Appendix A, Photograph 13). Facility representative stated a standpipe had been installed in the clarifier to increase the hydraulic capacity of the clarifier (refer to Appendix A, Photograph 14) but that only the decanter is used to discharge from the clarifier to Outlet 011. Settled sludge is pumped to the sludge holding tank (refer to Appendix A, Photographs 18 and 19). Facility representatives stated the sludge holding tank decanter flows to the clarifier. The pumps used to discharge from the clarifier to Outlet 011 and to transfer sludge to the sludge holding tank are located in a pump house between the clarifier and sludge holding tank (refer to Appendix A, Photographs 20 through 24). The sludge pumps, piping, and associated valves are configured in such a manner that sludge from the clarifier can be pumped to the sludge holding tank or to Outlet 011. Facility representatives stated that operators are aware of the correct valve configurations (i.e., the configurations that will send only sludge to the sludge holding tank rather than to Outlet 011) and that they are trained accordingly. The piping and valves were clearly labeled to indicate purpose and flow direction/destination. Based on visual observations of Outlet 011 during the inspection, it did not appear that sludge had been discharged via Outlet 011 at the time of the inspection. Unique Project Identifier: 3E23WN011A Page 4 of 10 Inspection Date: December 8, 2022 Spring Run Fish Hatchery (WV0112500) Compliance Evaluation Inspection Report Sludge inside the sludge holding tank is pumped to trucks for disposal via land application at various agricultural sites. Per Facility representatives and sludge application records provided by the Permittee, sludge was removed from the holding tank four times in 2022. Facility representatives stated that one bag of hydrated lime is added to every 1,500 gallons of sludge; the bags stored onsite during the inspection appeared to be 50-pound bags. Facility representatives stated the Permittee is considering the addition of an enzyme inside the sludge holding tank to help process the sludge. The enzyme label states the product is "Sludge Away Bio Jet 7", is a "wastewater treatment additive" for residential, commercial, and municipal applications, and is a "solution of non-toxic bacteria designed to enhance biological activity" (refer to Appendix A, Photograph 24). The Permittee maintains an automatic composite sampler near the flume for Outlet 011 (refer to Appendix A, Photographs 25 through 28). At the time of the inspection, the display screen stated the temperature inside the refrigerator was 5.6C (refer to Appendix A, Photograph 27). Facility representatives stated a calibrated thermometer is not placed inside the refrigerator. The sampler was not collecting samples during the inspection. Outlets 009 and 010 are permitted to discharge untreated stormwater to Spring Run (refer to Appendix A, Photographs 29 through 32). Outlet 009 is located near the southern end of the Facility and Outlet 010 is located near the northern end of the Facility. Per the Permit application, Outlet 009 discharges limited amounts of stormwater runoff from parking and road areas inside the Facility. Outlet 010 discharges stormwater from a county ditch alongside Spring Run Road and from neighboring agriculture. During the Facility site walk, the EPA Inspector observed what appeared to be an unpermitted stormwater outfall near Outlet 011 (refer to Observation 3 below). Summary of Observations The following section summarizes the EPA Inspector's observations relative to the Permittee's 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 Section A.008 of the Permit defines effluent limitations and monitoring requirements for Outlet 008 discharges. According to EPA's ICIS database, the Facility experienced two effluent limit exceedances from Outlet 008 between October 1, 2017 and October 31, 2022 (refer to Appendix B, Exhibit 1 and Table 2 below). These exceedances occurred under the last Permit term (05/01/17 to 6/30/21), and the Permit has since been re-issued. Table 2. Effluent Limit Exceedances from Outlet 008 (October 1, 2017 - October 31, 2022) Monitoring Period End Date Parameter Limit Type DMR Vale 11/30/2017 pH Instantaneous 10 Maximum 03/31/2020 Total Suspended Monthly Average 54 Solids Unique Project Identifier: 3E23WN011A Page 5 of 10 Permit Limit 9 Units S.U. Limit Start Date Limit End Date 5/1/2017 6/30/2021 30 mg/L 5/1/2017 6/30/2021 Inspection Date: December 8, 2022 Spring Run Fish Hatchery (WV0112500) Compliance Evaluation Inspection Report Section A.011 of the Permit defines effluent limitations and monitoring requirements for Outlet 011 discharges. According to EPA's ICIS database, the Facility experienced 31 effluent limit exceedances from Outlet 011 between October 1, 2017 and October 31, 2022 (refer to Appendix B, Exhibit 2 and Table 3 below). 19 of the 31 exceedances occurred under the current Permit term, which became effective on July 1, 2021. Most effluent limit exceedances were for Nitrogen Nitrite. EPA's Enforcement and Compliance History Online (ECHO) shows the Facility has been in a state of significant noncompliance (SNC) from April 1, 2021 through September 30, 2022 due to exceedances of monthly average effluent limits (refer to Appendix B, Exhibit 3). Section D.2.b of the Permit states, "Effluent monitoring for [Total Kjeldahl Nitrogen, Nitrate Nitrogen, Nitrite Nitrogen, and Total Phosphorus] shall be conducted using the most sensitive methods and detection levels commercially available and economically feasible." For the analysis of nitrite nitrogen, the Permit recommends the use of EPA Method 300.0 and an MDL of 0.004 mg/L "unless the permittee desires to use an EPA Approved Method with a lower detection level." Facility representatives were unable to explain the causes of the exceedances during the inspection. They stated the contract laboratory's method detection limit (MDL) for EPA 300.0 is 0.08 mg/L, which is higher than the daily maximum and average monthly nitrogen nitrite Permit limits of 0.06 and 0.03 mg/L, respectively. Table 3. Effluent Limit Exceedances from Outlet 011 (October 1, 2017 - October 31, 2022) Monitoring Period End Date Parameter Name Limit Type DMR Value Permit Limit Units Limit Start Date Limit End Date 11/30/2017 pH Instantaneous 10 Maximum 9 S.U. 5/1/2017 6/30/2021 01/31/2018 pH Instantaneous 10 Maximum 9 S.U. 5/1/2017 6/30/2021 05/31/2018 Total Suspended Monthly Average 112 Solids 30 mg/L 5/1/2017 6/30/2021 05/31/2018 Total Suspended Daily Maximum 112 Solids 60 mg/L 5/1/2017 6/30/2021 05/31/2018 Total Suspended Monthly Average 4459 1189 lbs./d 5/1/2017 6/30/2021 Solids 05/31/2018 Total Suspended Daily Maximum 4459 2378 lbs./d 5/1/2017 6/30/2021 Solids 04/30/2021 Nitrogen Nitrite Monthly Average 0.18 0.03 mg/L 5/1/2017 6/30/2021 04/30/2021 Nitrogen Nitrite Daily Maximum 0.2 0.06 mg/L 5/1/2017 6/30/2021 Unique Project Identifier: 3E23WN011A Page 6 of 10 Inspection Date: December 8, 2022 Spring Run Fish Hatchery (WV0112500) Compliance Evaluation Inspection Report Table 3. Effluent Limit Exceedances from Outlet 011 (October 1, 2017 - October 31, 2022) Monitoring Period End Date Parameter Name Limit Type DMR Value Permit Limit Units Limit Start Date Limit End Date 05/31/2021 Nitrogen Nitrite Monthly Average 0.16 0.03 mg/L 5/1/2017 6/30/2021 05/31/2021 Nitrogen Nitrite Daily Maximum 0.16 0.06 mg/L 5/1/2017 6/30/2021 06/30/2021 Nitrogen Nitrite Monthly Average 0.19 0.03 mg/L 5/1/2017 6/30/2021 06/30/2021 Nitrogen Nitrite Daily Maximum 0.19 0.06 mg/L 5/1/2017 6/30/2021 08/31/2021 Nitrogen Nitrite Monthly Average 0.1 0.03 mg/L 7/1/2021 5/4/2026 08/31/2021 Nitrogen Nitrite Daily Maximum 0.1 0.06 mg/L 7/1/2021 5/4/2026 09/30/2021 Nitrogen Nitrite Monthly Average 0.105 0.03 mg/L 7/1/2021 5/4/2026 09/30/2021 Nitrogen Nitrite Daily Maximum 0.11 0.06 mg/L 7/1/2021 5/4/2026 10/31/2021 Nitrogen Nitrite Monthly Average 0.04 0.03 mg/L 7/1/2021 5/4/2026 10/31/2021 Nitrogen Nitrite Daily Maximum 0.08 0.06 mg/L 7/1/2021 5/4/2026 11/30/2021 Nitrogen Nitrite Monthly Average 0.04 0.03 mg/L 7/1/2021 5/4/2026 11/30/2021 Nitrogen Nitrite Daily Maximum 0.08 0.06 mg/L 7/1/2021 5/4/2026 01/31/2022 Total Suspended Monthly Average 31.75 30 mg/L 7/1/2021 5/4/2026 Solids 01/31/2022 Total Suspended Daily Maximum 60.5 Solids 60 mg/L 7/1/2021 5/4/2026 02/28/2022 Nitrogen Nitrite Monthly Average 0.115 0.03 mg/L 7/1/2021 5/4/2026 02/28/2022 Nitrogen Nitrite Daily Maximum 0.12 0.06 mg/L 7/1/2021 5/4/2026 03/31/2022 Nitrogen Nitrite Monthly Average 0.145 0.03 mg/L 7/1/2021 5/4/2026 03/31/2022 Nitrogen Nitrite Daily Maximum 0.15 0.06 mg/L 7/1/2021 5/4/2026 Unique Project Identifier: 3E23WN011A Page 7 of 10 Inspection Date: December 8, 2022 Spring Run Fish Hatchery (WV0112500) Compliance Evaluation Inspection Report Table 3. Effluent Limit Exceedances from Outlet 011 (October 1, 2017 - October 31, 2022) Monitoring Period End Date Parameter Name Limit Type DMR Value Permit Limit Units Limit Start Date Limit End Date 04/30/2022 Nitrogen Nitrite Daily Maximum 0.12 0.06 mg/L 7/1/2021 5/4/2026 06/30/2022 Nitrogen Nitrite Monthly Average 0.155 0.03 mg/L 7/1/2021 5/4/2026 06/30/2022 Nitrogen Nitrite Daily Maximum 0.16 0.06 mg/L 7/1/2021 5/4/2026 08/31/2022 Nitrogen Nitrite Monthly Average 0.05 0.03 mg/L 7/1/2021 5/4/2026 08/31/2022 Nitrogen Nitrite Daily Maximum 0.1 0.06 mg/L 7/1/2021 5/4/2026 Page 1 of the Permit states the Permittee "is hereby granted a West Virginia NPDES Water Pollution Control Permit to: operate and maintain a flow-through aquaculture system, holding ponds, and best management practices and discharge untreated aquaculture wastewater through Outlet 008, treated aquaculture wastewater from cleaning of raceways and ponds and untreated overflow through Outlet 011 and untreated storm water runoff through Outlets 009 & 010 to Spring Run of South Mill Creek of the South Branch of the Potomac River." The EPA Inspector observed a pipe that appeared to be an unpermitted stormwater outfall to Spring Run (refer to Appendix A, Photographs 34 through 37). The pipe is located near Outlet 011 and appears to discharge stormwater to Spring Run from at least three onsite stormwater drain inlets. At the time of the inspection, the volume of flow being discharged via the pipe appeared to be consistent with the flow rate observed inside the drain inlets that appeared to drain to the apparent unpermitted stormwater outfall. The EPA Inspector observed six stormwater drain inlets that appeared to drain to Outlet 011. The drain inlets were located between the upper and middle raceways (three are between the upper raceways and three are between the middle raceways). Facility representatives stated the drain inlets drain to the infrastructure that conveys aquaculture wastewater to Outlet 011 (refer to Appendix A, Photographs 38 through 40). It was unclear to the EPA Inspector if additional stormwater drain inlets at the Facility convey stormwater to outlets permitted to discharge aquaculture wastewater (i.e., Outlets 008 and 011). Effluent Monitoring Section A.011 of the Permit requires samples other than pH and dissolved oxygen to be collected as 8hour composite samples and states "An eight (8) hour composite sample for Outlet No. 011 shall be taken during the decant of the batch clarifier supernate corresponding to the weekly cleanings of raceways and ponds." Additionally, it states, "Refer to Section D.2 for proper sampling, calculations, and reporting" for flow, total nitrogen, and total phosphorus. Unique Project Identifier: 3E23WN011A Page 8 of 10 Inspection Date: December 8, 2022 Spring Run Fish Hatchery (WV0112500) Compliance Evaluation Inspection Report Section D.2.c of the Permit states, "The permittee shall collect eight (8) hour composite samples for total phosphorous and for each constituent of total nitrogen. All sampling shall be collected concurrently and shall be representative of normal operations. The permittee shall sample for total phosphorous and for each constituent of total nitrogen twice per month (2/month) with one sample being taken during the raceway cleaning period and one during the non raceway (sic) cleaning period." Per chain of custodies (COCs) provided by the Permittee, it appears that samples collected for Outlet 011 discharges during non-raceway cleaning periods are collected as a grab sample (refer to Appendix B, Exhibit 4). The COCs document a "011 Preclean" sample collected as a grab sample and a "011 Comp" sample collected as a composite sample. The "011 Preclean" samples are collected the day after the composite sample is collected; it was unclear to the EPA Inspector if obtaining a sample the day after the raceways have been cleaned is representative of normal operations. Best Management Practice Implementation Section C.13 of the Permit states, "The Best Management Practice (BMP) Plan (as required by 40 CFR 451), titled "Spring Run State Fish Hatchery, Best Management Practices", updated 11/16/2020 and "Nutrient Management Plan Identification", written 1/4/2018, shall be implemented and maintained at the site and shall be available for inspection by the Division of Water and Waste Management personnel." Paragraph E.4 of the BMP Plan, Removal and disposal of fish mortalities, states, "All rearing units at Spring Run Hatchery are screened to prevent live fish and fish mortalities from escaping to Spring Run. Fish mortalities are removed daily to reduce potential spread of disease. This also reduces feed waste. All fish mortalities are frozen on site and removed to a trash transfer station once per week or as needed. This facility records all mortalities daily to maintain inventory accuracy and maintain updated feeding rates." Refer to Appendix 2, Exhibit 5 for the BMP Plan. The EPA Inspector observed dead fish inside the clarifier (refer to Appendix A, Photographs 15 and 16). At the time of the inspection, it was unclear to the EPA Inspector how the fish entered the clarifier, if the fish entered the clarifier dead or alive, or if dead fish could enter Spring Run via Outlet 011. Stormwater Pollution Prevention Plan Implementation Section C.12 of the Permit states, "The Groundwater Protection Plan (GPP) and Storm Water Pollution Prevention Plan (SWPPP) shall be maintained at the facility site and shall be available for inspection by the Division of Water and Waste Management personnel." Facility representatives stated that the Permittee was not documenting employee training and annual site inspections per the forms contained in its stormwater pollution prevention plan (SWPPP) (refer to Appendix B, Exhibit 6). The Hatchery Program Manager stated that employee training occurs annually and that site inspections are routinely conducted, but the Permittee does not use the forms contained in the SWPPP to document these activities. Other forms of documentation for these activities were not available for review at the time of the inspection. Proper Operation and Maintenance Appendix A, Part II.1 of the Permit states, "The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed Unique Project Identifier: 3E23WN011A Page 9 of 10 Inspection Date: December 8, 2022 Spring Run Fish Hatchery (WV0112500) Compliance Evaluation Inspection Report or used by the permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls, and appropriate quality assurance procedures. Unless otherwise required by Federal or State law, this provision requires the operation of back-up auxiliary facilities or similar systems which are installed by the permittee only when the operation is necessary to achieve compliance with the conditions of the permit." The EPA Inspector made two observations related to operations and maintenance at the Facility: a. The EPA Inspector observed sludge and dead fish inside the clarifier (refer to Appendix A, Photographs 14 through 17). Facility representatives stated that the clarifier is not cleaned frequently. b. The EPA Inspector observed brown-colored staining inside the refrigerator of the automatic composite sampler for Outlet 011 (refer to Appendix A, Photograph 26). Records Review The EPA Inspector conducted a records review to evaluate the Permittee's compliance with the Permit. Records and reports required by the Permit were available for review prior to and after the inspection, except for records of employee training and annual site inspections (refer to Observation 4 above). The following were reviewed: EPA Integrated Compliance Information System (ICIS) data during the period from October 1, 2017 through October 31, 2022. DMRs and associated contract laboratory analytical data for 2021 and 2022. Nutrient calculation spreadsheets associated with DMRs for 2021 and 2022. Sludge Application Logs for 2021 and 2022. Stormwater Pollution Prevention Plan, dated December 9, 2019. Best Management Practices, dated November 16, 2020. Ground Water Protection Plan, dated November 16, 2020. Nutrient Management Plan Identification, dated January 4, 2018. Closing Conference After the Facility site walk, the EPA Inspector met with Facility representatives for a closing conference and shared his 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 11:45 AM (EST). Unique Project Identifier: 3E23WN011A Page 10 of 10 Inspection Date: December 8, 2022 Spring Run Fish Hatchery (WV0112500) Compliance Evaluation Inspection Report Appendix A Photograph Log Unique Project Identifier: 3E23WN011A Inspection Date: December 8, 2022 Spring Run Fish Hatchery (WV0112500) Compliance Evaluation Inspection Report (DSCN0031) View of the holding pools. Water that passes through these pools is discharged untreated to Spring Run via Outlet 008. (DSCN0033) View of the holding pools. Water that passes through these pools is discharged untreated to Spring Run via Outlet 008. Unique Project Identifier: 3E23WN011A 1 Inspection Date: December 8, 2022 Spring Run Fish Hatchery (WV0112500) Compliance Evaluation Inspection Report (DSCN0035) View of the holding pools. Water that passes through these pools is discharged untreated to Spring Run via Outlet 008. Outlet 008 pipe (DSCN0038) View of Outlet 008. Unique Project Identifier: 3E23WN011A 2 Inspection Date: December 8, 2022 Spring Run Fish Hatchery (WV0112500) Compliance Evaluation Inspection Report (DSCN0042) View of the discharge to Spring Run via Outlet 008. (DSCN0046). View of the lower raceways. Unique Project Identifier: 3E23WN011A 3 Inspection Date: December 8, 2022 Spring Run Fish Hatchery (WV0112500) Compliance Evaluation Inspection Report (DSCN0044). View of the middle raceways. (DSCN0092) View of Outlet 011. Unique Project Identifier: 3E23WN011A 4 Inspection Date: December 8, 2022 Spring Run Fish Hatchery (WV0112500) Compliance Evaluation Inspection Report Kickstand (DSCN0047). View of one of quiescent zones in the middle raceways. The "kickstand" in the quiescent zone is removed during cleaning, thereby allowing the water to drain to the clarifier. Raceway outlet (DSCN0051) View of the northern end of one of the middle raceways. During cleaning of the quiescent zones, the raceway outlets are covered so that only wastewater from the quiescent zones is conveyed to the clarifier. Unique Project Identifier: 3E23WN011A 5 Inspection Date: December 8, 2022 Spring Run Fish Hatchery (WV0112500) Compliance Evaluation Inspection Report (DSCN0052) View of a wooden board that is placed over raceway outlets during quiescent zone cleaning. Valve used to direct flows to clarifier Valve used to bypass clarifier (DSCN0060) View of two valve handles and the clarifier that treats raceway cleaning wastewater. The valve on the left is used to direct water to Outlet 011 during normal operations and the valve on the right is used to direct wastewater to the clarifier during raceway cleaning. Unique Project Identifier: 3E23WN011A 6 Inspection Date: December 8, 2022 Spring Run Fish Hatchery (WV0112500) Compliance Evaluation Inspection Report Decanter (DSCN0066) View inside the clarifier. A decanter is used to discharge from the clarifier to Outlet 011. Standpipe (DSCN0061) View inside the clarifier. A standpipe had been installed to provide additional hydraulic capacity. Facility representative stated a standpipe had been installed in the clarifier to increase the hydraulic capacity of the clarifier but that only the decanter is used to discharge from the clarifier to Outlet 011. Facility representatives stated the opening near the standpipe flows back into the clarifier. Unique Project Identifier: 3E23WN011A 7 Inspection Date: December 8, 2022 Spring Run Fish Hatchery (WV0112500) Compliance Evaluation Inspection Report Dead fish (DSCN0065) Additional view inside clarifier. The clarifier contained sludge and dead fish at the time of the inspection; Facility representatives stated that the clarifier is not cleaned frequently. Dead fish (DSCN0063) Additional view inside clarifier. The clarifier contained sludge and dead fish at the time of the inspection; Facility representatives stated that the clarifier is not cleaned frequently. Unique Project Identifier: 3E23WN011A 8 Inspection Date: December 8, 2022 Spring Run Fish Hatchery (WV0112500) Compliance Evaluation Inspection Report (DSCN0064) Additional view inside clarifier. The clarifier contained sludge and dead fish at the time of the inspection; Facility representatives stated that the clarifier is not cleaned frequently. (DSCN0056) View of the sludge holding tank and pump house. The clarifier is behind the pump house obscured from view. Unique Project Identifier: 3E23WN011A 9 Inspection Date: December 8, 2022 Spring Run Fish Hatchery (WV0112500) Compliance Evaluation Inspection Report (DSCN0088) View inside the sludge holding tank. Facility representatives stated the decanter flows to the clarifier. (DSCN0067) View of the two pumps and associated piping and valves inside the pump house. The pumps, piping, and valves were configured such that sludge from the clarifier can be discharged to the sludge holding tank or to Spring Run via Outlet 011. Unique Project Identifier: 3E23WN011A 10 Inspection Date: December 8, 2022 Spring Run Fish Hatchery (WV0112500) Compliance Evaluation Inspection Report "From decant" "From hopper" Pump for clarifier (DSCN0070) View of the lines from the clarifier and from the clarifier decanter. The pumps, piping, and valves were configured such that sludge from the clarifier can be discharged to the sludge holding tank or to Spring Run via Outlet 011. To Outlet 011 Pump for sludge tank Pump for clarifier (DSCN0072) View of piping associated with the sludge pumps. The pumps, piping, and valves were configured such that sludge from the clarifier can be discharged to the sludge holding tank or to Spring Run via Outlet 011. Unique Project Identifier: 3E23WN011A 11 Inspection Date: December 8, 2022 Spring Run Fish Hatchery (WV0112500) Compliance Evaluation Inspection Report "Discharge to stream" "To sludge jetter" (DSCN0074) View of piping associated with the sludge pumps. The pumps, piping, and valves were configured such that sludge from the clarifier can be discharged to the sludge holding tank or to Spring Run via Outlet 011. (DSCN0079) View of the enzyme the Permittee was considering using inside the sludge holding tank. The label states the product is "Sludge Away Bio Jet 7". It is a "wastewater treatment additive" for residential, commercial, and municipal applications and is a "solution of non-toxic bacteria designed to enhance biological activity" Unique Project Identifier: 3E23WN011A 12 Inspection Date: December 8, 2022 Spring Run Fish Hatchery (WV0112500) Compliance Evaluation Inspection Report Outlet 011. (DSCN0089). View of the automatic composite sampler and flume vault for (DSCN0106). View inside the refrigerator of the automatic composite sampler for Outlet 011. Permittee representatives stated that a calibrated thermometer is not placed inside the refrigerator during sampling. Brown-colored staining was present inside the refrigerator. Unique Project Identifier: 3E23WN011A 13 Inspection Date: December 8, 2022 Spring Run Fish Hatchery (WV0112500) Compliance Evaluation Inspection Report (DSCN00104) View of the display screen for the automatic composite sampler. The screen stated the refrigerator was 5.6C at the time of the inspection. The sampler was not collecting samples at the time of the inspection. (DSCN0090) View of the effluent flume for Outlet 011. Unique Project Identifier: 3E23WN011A 14 Inspection Date: December 8, 2022 Spring Run Fish Hatchery (WV0112500) Compliance Evaluation Inspection Report (DSCN0125) View of the Outlet 009 sign. (DSCN0124) View of the Outlet 009 pipe. Unique Project Identifier: 3E23WN011A 15 Inspection Date: December 8, 2022 Spring Run Fish Hatchery (WV0112500) Compliance Evaluation Inspection Report (DSCN0112) View of Outlet 010. (DSCN0111) Additional view of Outlet 010. Unique Project Identifier: 3E23WN011A 16 Inspection Date: December 8, 2022 Spring Run Fish Hatchery (WV0112500) Compliance Evaluation Inspection Report Outlet 011 sign Stormwater outfall pipe (DSCN0093) View of what appeared to be an unpermitted stormwater outfall near Outlet 011. Spring Run Stormwater outfall pipe (DSCN0095) View of the unpermitted outfall pipe near Outlet 011. Unique Project Identifier: 3E23WN011A 17 Inspection Date: December 8, 2022 Spring Run Fish Hatchery (WV0112500) Compliance Evaluation Inspection Report Unpermitted outfall pipe (DSCN0096) View of the stormwater drain inlet upgradient of the unpermitted outfall pipe. The arrow call-out is pointing in the general location of the pipe. Inlet pipes Outlet pipe towards Spring Run (DSCN0097) View inside the stormwater drain inlet shown in Photograph 35. Unique Project Identifier: 3E23WN011A 18 Inspection Date: December 8, 2022 Spring Run Fish Hatchery (WV0112500) Compliance Evaluation Inspection Report Drain inlet shown in Photograph 35 Pump house (DSCN0101) View of a stormwater drain inlet that appeared to drain to the drain inlet immediately upgradient of the unpermitted outfall. This drain inlet is located near the pump house and sludge holding tank. Stormwater drain inlet (DSCN0119) View of a stormwater drain inlet between the upper raceways. Facility representatives stated that the stormwater drain inlets between the upper and middle raceways drain the infrastructure that conveys aquaculture wastewater to Outlet 011. Unique Project Identifier: 3E23WN011A 19 Inspection Date: December 8, 2022 Spring Run Fish Hatchery (WV0112500) Compliance Evaluation Inspection Report Drain inlet (DSCN0121) View of a stormwater drain inlet between the upper raceways. Facility representatives stated that the stormwater drain inlets between the upper and middle raceways drain the infrastructure that conveys aquaculture wastewater to Outlet 011. (DSCN0120) View of a stormwater drain inlet between the middle raceways. Facility representatives stated that the stormwater drain inlets between the upper and middle raceways drain the infrastructure that conveys aquaculture wastewater to Outlet 011. Unique Project Identifier: 3E23WN011A 20 Inspection Date: December 8, 2022 Spring Run Fish Hatchery (WV0112500) Compliance Evaluation Inspection Report Appendix B Exhibit Log Unique Project Identifier: 3E23WN011A Inspection Date: December 8, 2022 Spring Run Fish Hatchery (WV0112500) Compliance Evaluation Inspection Report Exhibit 1 EPA ICIS Exceedance Data for Outlet 008 (October 1, 2017 through October 31, 2021) Unique Project Identifier: 3E23WN011A Inspection Date: December 8, 2022 NPDES ID Permit Name Monitoring Period End Date Limit Set Parameter Mon. Loc. Desc. Limit Value Limit Value Qualifier Code 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 Limit Start Date Limit End Date WV0112500 WV DIVISION OF 03/31/2020 008-A Solids, total Effluent Gross <= NATURAL suspended RESOURCES WV0112500 WV DIVISION OF NATURAL RESOURCES 11/30/2017 008-A pH Effluent Gross <= 30. MO AVG 9. INST MAX 54 mg/L Y 80 N 5/1/2017 6/30/2021 10 SU Y N 5/1/2017 6/30/2021 Spring Run Fish Hatchery (WV0112500) Compliance Evaluation Inspection Report Exhibit 2 EPA ICIS Exceedance Data for Outlet 011 (October 1, 2017 through October 31, 2021) Unique Project Identifier: 3E23WN011A Inspection Date: December 8, 2022 NPDES ID Permit Name Monitoring Period End Date Limit Set Parameter Mon. Loc. Desc. Limit Value Limit Value Qualifier Code 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 Limit Start Date Limit End Date WV0112500 WV DIVISION OF 08/31/2022 011-A Nitrogen, nitrite Effluent Gross <= NATURAL total [as N] RESOURCES WV0112500 WV DIVISION OF 08/31/2022 011-A Nitrogen, nitrite Effluent Gross <= NATURAL total [as N] RESOURCES WV0112500 WV DIVISION OF 06/30/2022 011-A Nitrogen, nitrite Effluent Gross <= NATURAL total [as N] RESOURCES WV0112500 WV DIVISION OF 06/30/2022 011-A Nitrogen, nitrite Effluent Gross <= NATURAL total [as N] RESOURCES WV0112500 WV DIVISION OF 04/30/2022 011-A Nitrogen, nitrite Effluent Gross <= NATURAL total [as N] RESOURCES WV0112500 WV DIVISION OF 03/31/2022 011-A Nitrogen, nitrite Effluent Gross <= NATURAL total [as N] RESOURCES WV0112500 WV DIVISION OF 03/31/2022 011-A Nitrogen, nitrite Effluent Gross <= NATURAL total [as N] RESOURCES WV0112500 WV DIVISION OF 02/28/2022 011-A Nitrogen, nitrite Effluent Gross <= NATURAL total [as N] RESOURCES WV0112500 WV DIVISION OF 02/28/2022 011-A Nitrogen, nitrite Effluent Gross <= NATURAL total [as N] RESOURCES WV0112500 WV DIVISION OF 01/31/2022 011-A Solids, total Effluent Gross <= NATURAL suspended RESOURCES WV0112500 WV DIVISION OF 01/31/2022 011-A Solids, total Effluent Gross <= NATURAL suspended RESOURCES WV0112500 WV DIVISION OF 11/30/2021 011-A Nitrogen, nitrite Effluent Gross <= NATURAL total [as N] RESOURCES WV0112500 WV DIVISION OF 11/30/2021 011-A Nitrogen, nitrite Effluent Gross <= NATURAL total [as N] RESOURCES WV0112500 WV DIVISION OF 10/31/2021 011-A Nitrogen, nitrite Effluent Gross <= NATURAL total [as N] RESOURCES WV0112500 WV DIVISION OF 10/31/2021 011-A Nitrogen, nitrite Effluent Gross <= NATURAL total [as N] RESOURCES WV0112500 WV DIVISION OF 09/30/2021 011-A Nitrogen, nitrite Effluent Gross <= NATURAL total [as N] RESOURCES WV0112500 WV DIVISION OF 09/30/2021 011-A Nitrogen, nitrite Effluent Gross <= NATURAL total [as N] RESOURCES WV0112500 WV DIVISION OF 08/31/2021 011-A Nitrogen, nitrite Effluent Gross <= NATURAL total [as N] RESOURCES WV0112500 WV DIVISION OF 08/31/2021 011-A Nitrogen, nitrite Effluent Gross <= NATURAL total [as N] RESOURCES WV0112500 WV DIVISION OF 06/30/2021 011-A Nitrogen, nitrite Effluent Gross <= NATURAL total [as N] RESOURCES WV0112500 WV DIVISION OF 06/30/2021 011-A Nitrogen, nitrite Effluent Gross <= NATURAL total [as N] RESOURCES .03 MO AVG .06 DAILY MX .03 MO AVG .06 DAILY MX .06 DAILY MX .03 MO AVG .06 DAILY MX .03 MO AVG .06 DAILY MX 30. MO AVG 60. DAILY MX .03 MO AVG .06 DAILY MX .03 MO AVG .06 DAILY MX .03 MO AVG .06 DAILY MX .03 MO AVG .06 DAILY MX .03 MO AVG .06 DAILY MX .05 .155 .145 .115 31.75 .04 .04 .105 .1 .19 mg/L Y 67 N 7/1/2021 5/4/2026 .1 mg/L Y 67 N 7/1/2021 5/4/2026 mg/L Y 417 N 7/1/2021 5/4/2026 .16 mg/L Y 167 N 7/1/2021 5/4/2026 .12 mg/L Y 100 N 7/1/2021 5/4/2026 mg/L Y 383 N 7/1/2021 5/4/2026 .15 mg/L Y 150 N 7/1/2021 5/4/2026 mg/L Y 283 N 7/1/2021 5/4/2026 .12 mg/L Y 100 N 7/1/2021 5/4/2026 mg/L Y 6 N 7/1/2021 5/4/2026 60.5 mg/L Y 1 N 7/1/2021 5/4/2026 mg/L Y 33 N 7/1/2021 5/4/2026 .08 mg/L Y 33 N 7/1/2021 5/4/2026 mg/L Y 33 N 7/1/2021 5/4/2026 .08 mg/L Y 33 N 7/1/2021 5/4/2026 mg/L Y 250 N 7/1/2021 5/4/2026 .11 mg/L Y 83 N 7/1/2021 5/4/2026 mg/L Y 233 N 7/1/2021 5/4/2026 .1 mg/L Y 67 N 7/1/2021 5/4/2026 mg/L Y 533 N 5/1/2017 6/30/2021 .19 mg/L Y 217 N 5/1/2017 6/30/2021 NPDES ID Permit Name Monitoring Period End Date Limit Set Parameter Mon. Loc. Desc. Limit Value Limit Value Qualifier Code 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 Limit Start Date Limit End Date WV0112500 WV DIVISION OF 05/31/2021 011-A Nitrogen, nitrite Effluent Gross <= NATURAL total [as N] RESOURCES WV0112500 WV DIVISION OF 05/31/2021 011-A Nitrogen, nitrite Effluent Gross <= NATURAL total [as N] RESOURCES WV0112500 WV DIVISION OF 04/30/2021 011-A Nitrogen, nitrite Effluent Gross <= NATURAL total [as N] RESOURCES WV0112500 WV DIVISION OF 04/30/2021 011-A Nitrogen, nitrite Effluent Gross <= NATURAL total [as N] RESOURCES WV0112500 WV DIVISION OF 05/31/2018 011-A Solids, total Effluent Gross <= NATURAL suspended RESOURCES WV0112500 WV DIVISION OF 05/31/2018 011-A Solids, total Effluent Gross <= NATURAL suspended RESOURCES WV0112500 WV DIVISION OF 05/31/2018 011-A Solids, total Effluent Gross <= NATURAL suspended RESOURCES WV0112500 WV DIVISION OF 05/31/2018 011-A Solids, total Effluent Gross <= NATURAL suspended RESOURCES WV0112500 WV DIVISION OF NATURAL RESOURCES 01/31/2018 011-A pH Effluent Gross <= WV0112500 WV DIVISION OF NATURAL RESOURCES 11/30/2017 011-A pH Effluent Gross <= .03 MO AVG .06 DAILY MX .03 MO AVG .06 DAILY MX 30. MO AVG 60. DAILY MX 1189. MO AVG 4459 lb/d 2378. DAILY MX 4459 lb/d 9. INST MAX 9. INST MAX .16 mg/L Y 433 N 5/1/2017 6/30/2021 .16 mg/L Y 167 N 5/1/2017 6/30/2021 .18 mg/L Y 500 N 5/1/2017 6/30/2021 .2 mg/L Y 233 N 5/1/2017 6/30/2021 112 mg/L Y 273 N 5/1/2017 6/30/2021 112 mg/L Y 87 N 5/1/2017 6/30/2021 Y 275 N 5/1/2017 6/30/2021 Y 88 N 5/1/2017 6/30/2021 10 SU Y Y 5/1/2017 6/30/2021 10 SU Y N 5/1/2017 6/30/2021 Spring Run Fish Hatchery (WV0112500) Compliance Evaluation Inspection Report Exhibit 3 EPA ECHO Detailed Facility Report Unique Project Identifier: 3E23WN011A Inspection Date: December 8, 2022 11/16/22, 8:52 AM Detailed Facility Report Detailed Facility Report | ECHO | US EPA Detailed Facility Report Facility Summary SPRING RUN FISH HATCHERY HC BOX 33, DORCAS, WV 26847 FRS (Facility Registry Service) ID: EPA Region: 03 Latitude: 38.920338 Longitude: -79.085841 Locational Data Source: NPDES Industries: -- Indian Country: N 110010858330 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 1 04/24/2019 Significant/Category I Noncompliance 9 6 ------ Regulatory Information Clean Air Act (CAA): No Information Clean Water Act (CWA): Minor, Permit Effective (WV0112500) 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 110010858330 WV0112500 Universe Minor: NPDES Individual Permit Facility Address System FRS ICIS-NPDES Statute CWA Identifier 110010858330 WV0112500 Facility Name SPRING RUN FISH HATCHERY SPRING RUN FISH HATCHERY Facility SIC (Standard Industrial Classification) Codes System ICIS-NPDES ICIS-NPDES Identifier WV0112500 WV0112500 SIC Code 0921 4522 Facility Industrial Effluent Guidelines SIC Description Fish Hatcheries And Preserves Air Transportation, Nonscheduled Identifier Effluent Guideline (40 CFR Part) No data records returned Effluent Guideline Description Status Effective Areas Permit Expiration Date 05/04/2026 Indian Country N N Latitude 38.920338 38.92 Longitude -79.085841 -79.0867 Facility Address HC BOX 33, DORCAS, WV 26847 SPRING RUN ROAD, DORCAS, WV 26847 Facility County Grant County Grant 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 Statute CWA Source ID WV0112500 System ICIS-NPDES Activity Type Inspection/Evaluation Entries in italics are not counted in EPA compliance monitoring strategies or annual results. Compliance Summary Data https://echo.epa.gov/detailed-facility-report?fid=110010858330 Compliance Monitoring Type Base Program - Evaluation Lead Agency State Date 04/24/2019 Finding (if applicable) 1/3 11/16/22, 8:52 AM Statute CWA Source ID WV0112500 Detailed Facility Report | ECHO | US EPA Current SNC (Significant Noncompliance)/HPV (High Priority Violation) Yes Current As Of 06/30/2022 Qtrs with NC (Noncompliance) (of 12) 9 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: WV0112500) Facility-Level Status Quarterly Noncompliance Report History Pollutant Solids, total CWA suspended Disch Mon Point Loc 008 - Effluent A Gross Freq 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 No Violation Identified Violation Identified No Violation Identified No Violation Identified No Violation Significant/Category Significant/Category Significant/Category Significant/Category Significant/Category Significant/Category Identified I Noncompliance I Noncompliance I Noncompliance I Noncompliance I Noncompliance I Noncompliance Violation Identified Other Violation Other Violation Resolved Failure to Report DMR - Not Received Effluent - Monthly Average Limit Effluent - Monthly Average Limit Effluent - Monthly Average Limit Effluent - Monthly Average Limit Effluent - Monthly Average Limit 80% Nitrogen, nitrite total CWA [as N] 011 - Effluent A Gross Mthly Nitrogen, nitrite total CWA [as N] 011 - Effluent A Gross NMth Solids, total CWA suspended 011 - Effluent A Gross Mthly 533% 250% 33% 383% 417% 67% 233% 83% 33% 150% 167% 67% 6% Solids, total CWA suspended 011 - Effluent NMth 1% A Gross CWA CWA Single Event Violations Agency Management Practice Violations - Violation of a State milestone in an order Monitoring Violations - State Analysis not Conducted Late or Missing Discharge Monitoring Report (DMR) Measurements Counts of Late DMR Measurements 04/24/2019 04/24/2019 12/20/2019 12/20/2019 56 124 Informal Enforcement Actions Last 5 Years Statute System Source ID Type of Action No data records returned Entries in italics are not counted as "informal enforcement actions" in EPA policies pertaining to enforcement response tools. Lead Agency Date 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 Federal Penalty Assessed State/Local Penalty Assessed Penalty Amount Collected SEP Cost Comp Action Cost No data records returned Environmental Conditions Watersheds 12-Digit WBD (Watershed Boundary Dataset) HUC (RAD (Reach Address Database)) 020700010401 WBD (Watershed Boundary Dataset) Subwatershed Name (RAD (Reach Address Database)) South Mill Creek Assessed Waters From Latest State Submission (ATTAINS) State Water Body Name (ICIS (Integrated Compliance Information System)) SPRING RUN Beach Closures Within Last Year No Beach Closures Within Last Two Years No Pollutants Potentially Related to Impairment -- Watershed with ESA (Endangered Species Act)-listed Aquatic Species? Yes State WV Report Cycle 2016 Assessment Unit ID WVPSB-25-C-2_00 Air Quality Nonattainment Areas Assessment Unit Name Spring Run Water Condition Good Cause Groups Impaired -- Drinking Water Use Fully Supporting Aquatic Life Fully Supporting Fish Consumption Use -- Recreation Use Fully Supporting Other Use Fully Supporting Pollutant Within Nonattainment Status Area? Nonattainment Status Applicable Standard(s) No data records returned Within Maintenance Status Area? Maintenance Status Applicable Standard(s) 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 Chemical Name No data records returned Community EJScreen EJ Indexes Underground Injections Releases to Land Total On-Site Releases Total Off-Site Transfers https://echo.epa.gov/detailed-facility-report?fid=110010858330 2/3 11/16/22, 8:52 AM Detailed Facility Report | ECHO | US EPA 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 9 0 29 7 View EJScreen Report (US/regional/state percentiles, 1-mile average) 26 15 -- 50 10 16 12 0 47 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 56 20/sq.mi. 35 90 4% 35 2 58 65% 1 mi. 38.920338 -79.085841 100% 0% 7 (20.59%) 3 (8.82%) 12 (35.29%) 6 (17.65%) 6 (17.65%) 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 2 (4%) 11 (20%) 45 (80%) 11 (20%) Race Breakdown (U.S. Census) - Persons (%) White African-American Hispanic-Origin Asian/Pacific Islander American Indian Other/Multiracial 53 (95%) 0 (0%) 0 (0%) 1 (2%) 0 (0%) 2 (4%) 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 8 (13.56%) 4 (6.78%) 27 (45.76%) 9 (15.25%) 11 (18.64%) LAST UPDATED ON SEPTEMBER 21, 2022 DATA REFRESH INFORMATION https://echo.epa.gov/detailed-facility-report?fid=110010858330 3/3 Spring Run Fish Hatchery (WV0112500) Compliance Evaluation Inspection Report Exhibit 4 Example Chain of Custody Forms Unique Project Identifier: 3E23WN011A Inspection Date: December 8, 2022 Spring Run Fish Hatchery (WV0112500) Compliance Evaluation Inspection Report Exhibit 5 Spring Run State Fish Hatchery Best Management Practices (Updated 11/16/2020) Unique Project Identifier: 3E23WN011A Inspection Date: December 8, 2022 Spring Run State Fish Hatchery Best Management Practices Spring Run State Fish Hatcherv Best Management Practices Updated: 11/16/2020 NPDES Permit No. WV0l 12500 Facility Manager: Eric Hevener A. Description of Facility Spring Run State Fish Hatchery is located approximately 2 miles south east of Dorcas, WV on Spring Run road. Spring Run Hatchery produces approximately 220,000 pounds of rainbow trout annually. The facility was originally constructed in 1952 and has twenty-four 100-foot long concrete raceways, six 75-foot long raceways, six 72-foot long raceways and nine circular pools. The hatchery is located near the source of Spring Run. At present the facility has 4 discharge sites all of which go directly into Spring Run. B. Water Source Spring Run Hatchery uses water from Big Spring which is the source of Spring Run itself. This spring has an average flow of approximately 3,000 gallons a minute with fairly consistent temperatures of 55 F and pH of7.5. The water is piped underground via 12- and 16-inch diameter iron ductile pipes to an aspiration box. In the hatchery, all spring water flows are gravity-fed and single-use (flow-through). The aspiration box allows the dissolved oxygen to reach atmospheric saturation and strip excess nitrogen. C. Treatment Systems Used A treatment system, consisting of a batch clarifier and sludge storage tank was completed and began operation in June, 2007. Wastewater generated during weekly raceway cleaning operations is kept separate from non-cleaning water and piped to the clarifier. After a 24 to 48-hour settling time, water is decanted from the clarifier and the resultant sludge is transferred to a sludge holding tank for later disposal. D. Other Information Engineering designs for the treatment system are available the WVDNR, Elkins Operations Center, Hatchery Program Administrative Office. E. Solids Control 1. Efficient feed management, limits feed input to the minimum amount necessary to achieve production goals and sustain targeted rates of growth. 1 Spring Run State Fish Hatchery Best Management Practices Spring Run Hatchery recognizes that fish feed management is critical in operating an environmentally friendly and efficient fish hatchery. An average of220,000 pounds of trout is produced per year on an average of305,800 pounds of feed, for a conversion rate of 1.39. Feed used is presently from Cargill Inc. using the WVDNR Hatchery Program custom formula. Spring Run Hatchery is presently using slow sinking extruded pellets to feed our fish. Specific quantities of feed are calculated via a U.S. Fish & Wildlife based computer program for each individual rearing unit. The fish food is weighed for each of the rearing units on location and fed by hand. This allows hatchery employees to observe the individual rearing units feeding characteristics thus allowing little feed waste due to the fish going off feed. 2. Procedures for routine cleaning of rearing units. The 8-foot quiescent zones of of the raceways are cleaned on a weekly basis. Using an alternating schedule each raceway is cleaned every other week. A blocking weir is used so that only the water and sludge from the quiescent zone go to the batch clarifier. 3. Procedures for fish inventory and harvest Fish rearing units are not cleaned prior to harvesting or during the inventorying of fish. After harvesting a rearing unit will be cleaned on an individual basis before being refilled with fish. 4. Removal and disposal of fish mortalities All rearing units at Spring Run Hatchery are screened to prevent live fish and fish mortalities from escaping to Spring Run. Fish mortalities are removed daily to reduce potential spread of disease. This also reduces feed waste. All fish mortalities are frozen on site and removed to a trash transfer station once per week or as needed. This facility records all mortalities daily to maintain inventory accuracy and maintain updated feeding rates. F. Material Storage 1. Proper storage of drugs, fuels, and feed to prevent spills that may discharge to Spring Run. To ensure proper storage of drugs, fuels and feed at Spring Run Hatchery, employees have been instructed on the importance of proper handling ofthese substances through facility-based training programs. Bagged feed is stored in a cool, dry area and used on a "first-in, first-out" basis to prevent lengthy storage of feed. Use of fresh feed improves dietary efficiency. 2 Spring Run State Fish Hatchery Best Management Practices All chemicals are stored in a laboratory cabinet or in a secure area. The chemical cabinet is in a dry, well ventilated area. The drugs and disinfectants are stored in a cool, dry area adjacent to the feed storage room. All drugs, chemicals and disinfectants are stored in their original containers and all hatchery employees are instructed to keep container lids secure. All liquid materials at our facility are stored in self-containment systems to prevent possible spills from escaping. These containment systems are inspected monthly for functional integrity. All fuels such as gasoline, diesel fuel and heating oil are stored in well-ventilated, dry and secure environments. Home heating oil is stored in two 500-gallon above-ground tanks. Gasoline and diesel fuels are stored in above-ground tanks contained by a block reservoir designed to hold 200% of total maximum volume. The containment system is visually inspected daily and locked for security. 2. Procedures for properly containing, cleaning and disposing of any spilled materials. Spring Run Hatchery has developed the follow spill response and prevention plan to ensure that the facility properly contains and disposes of spilled materials. The plan provides stop, contain, and clean a spill instructions. Hatchery personnel are trained to prevent and control future spills and the plan is reviewed during our required annual employee training program. In the event of a spill of petroleum products or other liquids, a spill response kit (Chemtex SPK55B-U Drum Spill Kit, Universal, 55-Gallon) and other absorbents are stored on-site. If a fuel storage tank develops a leak, hatchery staff should immediately call the local fuel supplier to conduct emergency tank pump out to stop further leaking and potential groundwater contamination. If a spill occurs, the Petersburg Volunteer Fire Company and Grant Com Emergency Center will be notified immediately, equipment and personnel will be dispatched according to the level of emergency. Any spilled hazardous materials will be disposed of in accordance with WVDEP guidelines. (A) Inside the containment area: go to the area and check to ensure the spill is contained within the structure and the absorbent booms have been put in place to prevent the spillfrom spreading outside the structure. Notify the Hatchery Program Manager, who will notify the Wildlife Resources Section Chiefso Accounts Payable can authorize emergency funding. Notify the WVDEP State Emergency Spill Unit at (800) 642-3074 and the WVDEP Romney office ifthe spill occurs during business hours at 304-822-7266. Put on eye protection, respirator, rubberizedpants, coat, gloves, boots and go to the spill area to ensure the fuel spill instructions are beingfollowed. Go to the entrance ofthe facility to direct emergency response teams to the location ofthe spill. 3 Spring Run State Fish Hatchery Best Management Practices (B) Outside the containment area: Ifthe fuel containment walls were to fail, an absorbent material will be used to take up pooledfuel by ensuring that absorbent booms have been placed at the lower end ofthe spill. Immediately contact the Fire Department and notify the same people and organization as outlined in section A. Put on eye protections, respirator, rubberizedpants, coat, gloves, boots and go to the spill area to ensure the spill instructions are beingfollowed. A hazardous waste company will be contacted by the Hatchery Program Manager to remove contaminated soil. Go to the entrance ofthe facility to direct emergency response teams to the locations ofthe spill. G. Structural Maintenance 1. Routinely inspect production systems and wastewater treatment systems to identify and promptly repair damage. Hatchery personnel inspect all rearing units and quiescent zones daily. All drain structures and supply valves are checked to verify that they are operating properly. Rearing units are checked for structural integrity and are replaced or repaired as necessary. Routine inspections of aeration systems, filters and associated equipment are performed. 2. Regularly conduct maintenance of production systems and wastewater treatment systems to ensure their proper function. Hatchery personnel perform maintenance on equipment that requires periodic maintenance or adjustments based on manufacture's recommendations. H. Record-keeping 1. Maintain records for fish rearing units documenting feed amounts and mortalities to maintain inventories and feed conversion ratios. Records are kept of the amount of feed fed daily along with daily mortalities to adjust feeding efficiency and reduce feed waste. These records are maintained in the hatchery office and updated as information is collected. I. Training 1. Train all relevant personnel in spill prevention and how to respond in the event of a spill to ensure proper clean-up and disposal of spilled materials. All new employees are required to attend training on spill prevention and response. Current employees must attend refresher training once each 4 Spring Run State Fish Hatchery Best Management Practices year. The proper use of safety equipment and other materials are updated and the appropriate procedures for hazard materials handling along with who to contact for help are reinforced during these training sessions. 2. Train personnel on proper operation and cleaning of production and wastewater treatment systems, including feeding procedures and proper use of equipment. All new employees are required to attend training on proper operation and cleaning of production systems and treatment systems at our facility. Management reviews employee performance in operating the facility and provides additional training for those not operating the facility according to the Standard Operating Procedures. J. Diagram or Map 1. A diagram/map (Figure 1) of the facility (to illustrate the layout of the operation) is included at the end of this BMP. 5 Spring Run State Fish Hatchery Best Management Practices K. Review and Endorsement of the BMP Plan. Facility manager and the individuals responsible for implementing the BMP Plan, have reviewed and endorsed this BMP Plan. Facility: --=S"-"p=ri=a=g--==Run=-..,=Ha=t=ch=e=rv..,__ Facility Manager Eric Hevener Assistant Manager Sheldon Thompson Assistant Manager Jeremy Hedrick NPDES# WV0112500 s== ,.., _.-,/~- ---- Signature~~--=-----"~--"----- ~.,~ :_~_--=----- ~, Signature~ t;ri?f= Signature bkr 1/~ L. Certifying the BMP Plan with the West Virginia Department of Environmental Protection. A copy of the BMP Plan is available in Spring Run Hatchery office. It is available to any employee at the facility, EPA, WVDEP and any state agency upon request by contacting the facility manager. A signed copy has been submitted to the following agencies: Permitting WV Division of Water and & Waste Management 601-57th Street Charleston, WV 25304 WV/DEP Environmental Enforcement HC 63, Box2545 Romney, WV 26757 6 Spring Run State Fish Hatchery Best Management Practices _c.,,.: 'i 1. ,.,.,_ Figure 1. Spring Run Hatchery layout and water flow schematic. 7 Spring Run Fish Hatchery (WV0112500) Compliance Evaluation Inspection Report Exhibit 6 SWPPP Employee Training and Site Inspection Forms Unique Project Identifier: 3E23WN011A Inspection Date: December 8, 2022 Spring Run Fish Hatchery (WV0112500) Compliance Evaluation Inspection Report Appendix C NPDES Permit No. WV0112500 Unique Project Identifier: 3E23WN011A Inspection Date: December 8, 2022 west virginia department of environmental protection Division of Water and Waste Management 601 57th Street SE Charleston, West Virginia 25304-2345 Phone: 304-926-0495/Fax: 304-926-0496 Harold D. WaJridm, CJuasbtince,t GSeocvreertnaoryr https://dep.wv.gov May 05, 2021 JIM HEDRICK, PROGRAM MANAGER WV DIVISION OF NATURAL RESOURCES 738 WARD ROAD PO BOX 67 ELKINS, WV 26241 CERTIFIED RETURN RECEIPT REQUESTED Dear Permittee: Enclosed please find WV/NPDES Permit Number WV0112500 dated May 05, 2021. Please note that a Discharge Monitoring Report (DMR) is to be completed and submitted to this Division each month. Finally note that copies of all future correspondence regarding the permit must be forwarded to the Field Inspector and Field Supervisor at the following address: Department of Environmental Protection Environmental Enforcement 22288 Northwestern Pike Romney, WV 26757 Also, please note the attachment to this permit which describes the annual permit fee requirement. Reissuance of your permit does not change the annual fee billing cycle. If you have any questions, please contact Ryan McGlothen, P.E. of this Division at (304) 926-0499 at extension 43819, or by email at Ryan.K.McGlothen@wv.gov. Sincerely, YP:rkm Enclosures Yogesh Patel, P.E. Chief Engineer Promoting a healthy environment. Permit Number: WV0112500 Permittee: WV DIVISION OF NATURAL RESOURCES cc: Env. Insp. Supv. Env. Insp. STATE OF WEST VIRGINIA DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER AND WASTE MANAGEMENT 601 57TH STREET SE CHARLESTON, WV 25304-2345 NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM WATER POLLUTION CONTROL PERMIT NPDES PERMIT NO.: WV0112500 ISSUE DATE: May 05, 2021 SUBJECT: Industrial Waste EFFECTIVE DATE : July 01, 2021 EXPIRATION DATE: May 04, 2026 SUPERSEDES: Permit No. WV0112500 dated March 07, 2017 LOCATION: PETERSBURG (City) Grant (County) S. Potomac River (Drainage Basin) See the next page for a list of Outlets. TO WHOM IT MAY CONCERN: This is to certify that: WV DIVISION OF NATURAL RESOURCES 738 WARD ROAD PO BOX 67 ELKINS, WV 26241 is hereby granted a West Virginia NPDES Water Pollution Control Permit to: operate and maintain a flow-through aquaculture system, holding ponds, and best management practices and discharge untreated aquaculture wastewater through Outlet 008, treated aquaculture wastewater from cleaning of raceways and ponds and untreated overflow through Outlet 011 and untreated storm water runoff through Outlets 009 & 010 to Spring Run of South Mill Creek of the South Branch of the Potomac River. This permit is subject to the following terms and conditions : The information submitted on, and with, Permit Application No. WV0112500, dated the 11th day of December 2021, is all hereby made terms and conditions of this Permit with like effect as if all such permit application information were set forth herein and with other conditions set forth in Sections A, B, C, D and Appendix A. The validity of this permit is contingent upon the payment of the applicable annual permit fee, as required by Chapter 22, Article 11, Section 10 of the Code of West Virginia. Inspectable Unit Latitude 008 3855'11" 009 3855'11" 010 3855'11" 011 3855'13" Longitude Receiving Stream 7905'08" 7905'08" 7905'08" 7905'10" SPRING RN SPRING RN SPRING RN SPRING RN Page No. : 2 of 17 Permit No. : WV0112500 Dist. to Stream Mouth (in Mile) Milepost 1.64 N/A 1.72 N/A 1.55 N/A 1.6 N/A A.008 DISCHARGE LIMITATIONS AND MONITORING REQUIREMENTS: Permit Limits During the period beginning 7/1/2021 and lasting through midnight 5/4/2026 the permittee is authorized to discharge from Outlet Number(s) 008 (Process Water) Such discharges shall be limited and monitored by the permittee as specified below: Effluent Characteristic Quantity Discharge Limitations Units Other Units Units 50050 - (Flow,in Conduit or thru plant) Rpt Only N/A Mill. Galls/Mon N/A Rpt Only Rpt Only mgd (Year Round) (ML-1) (RF-A) Monthly Total Avg. Monthly Max. Daily Refer to Section D.2 for proper sampling, calculations, and reporting. 00310 - (BOD, 5-Day 20 Deg.C) 65.1 141.2 Lbs/Day N/A 30 60 mg/l (Year Round) (ML-1) (RF-A) Avg. Monthly Max. Daily Avg. Monthly Max. Daily Monitoring Requirements Measurement Frequency Sample Type 1/daily measured 1/month 8 hr comp 00530 - (Total Suspended Solids) (Year Round) (ML-1) (RF-A) 65.1 Avg. Monthly 141.2 Max. Daily Lbs/Day N/A 30 Avg. Monthly 60 Max. Daily mg/l 1/month 8 hr comp 00400 - (pH) (Year Round) (ML-1) (RF-A) N/A N/A N/A 6 N/A 9 S.U. Inst. Min. Inst. Max. 1/month Grab 00300 - (Dissolved Oxygen) (Year Round) (ML-1) (RF-A) N/A N/A N/A 6 N/A N/A mg/l Inst. Min. 1/month Grab 00610 - (Ammonia Nitrogen) (Year Round) (ML-1) (RF-A) 12.9 Avg. Monthly 25.7 Max. Daily Lbs/Day N/A 5.93 11.86 Avg. Monthly Max. Daily mg/l 1/month 8 hr comp 00620 - (Nitrogen Nitrate) (Year Round) (ML-1) (RF-A) N/A N/A N/A N/A Rpt Only Rpt Only mg/l Avg. Monthly Max. Daily 1/month 8 hr comp 00615 - (Nitrogen Nitrite) (Year Round) (ML-1) (RF-A) N/A N/A N/A N/A Rpt Only Rpt Only mg/l Avg. Monthly Max. Daily 1/month 8 hr comp Samples taken in compliance with the monitoring requirements specified above shall be taken at the following location(s): Untreated wastewater from round rearing ponds. Refer to Section D for nitrogen and phosphorus requirements. This discharge shall comply with Appendix A - I MANAGEMENT CONDITIONS I - 12. Page No.: 3 of 17 Permit No.: WV0112500 A.008 DISCHARGE LIMITATIONS AND MONITORING REQUIREMENTS: Permit Limits During the period beginning 7/1/2021 and lasting through midnight 5/4/2026 the permittee is authorized to discharge from Outlet Number(s) 008 (Process Water) Such discharges shall be limited and monitored by the permittee as specified below: Effluent Characteristic Quantity Discharge Limitations Units Other Units Units 00600 - (Nitrogen, Total (as N)) Rpt Only N/A Lbs/Month N/A Rpt Only Rpt Only mg/l (Year Round) (ML-1) (RF-A) Monthly Total Avg. Monthly Max. Daily Refer to Section D.2 for proper sampling, calculations, and reporting. 00600 - (Nitrogen, Total (as N)) N/A 10000 Lbs/Year N/A N/A N/A N/A (Year Round) (ML-1) (RF-D) Annual Total Refer to Section D.2 for proper sampling, calculations, and reporting. 00665 - (Phosphorus, Total) N/A 1000 Lbs/Year N/A N/A N/A N/A (Year Round) (ML-1) (RF-D) Annual Total Refer to Section D.2 for proper sampling, calculations, and reporting. 00665 - (Phosphorus, Total) Rpt Only N/A Lbs/Month N/A Rpt Only Rpt Only mg/l (Year Round) (ML-1) (RF-A) Monthly Total Avg. Monthly Max. Daily Refer to Section D.2 for proper sampling, calculations, and reporting. 01119 - (Copper, Total Recoverable) N/A N/A N/A N/A Rpt Only Rpt Only mg/l (Year Round) (ML-1) (RF-A) Avg. Monthly Max. Daily Monitoring Requirements Measurement Frequency Sample Type 2/month 8 hr comp 1/year Calculated 1/year Calculated 2/month 8 hr comp 1/month 8 hr comp 01094 - (Zinc, Total Recoverable) N/A N/A N/A N/A Rpt Only Rpt Only mg/l (Year Round) (ML-1) (RF-A) Avg. Monthly Max. Daily 1/month 8 hr comp 01104 - (Aluminum, Total Recoverable) N/A N/A N/A N/A Rpt Only Rpt Only mg/l (Year Round) (ML-1) (RF-A) Avg. Monthly Max. Daily 1/month 8 hr comp Samples taken in compliance with the monitoring requirements specified above shall be taken at the following location(s): Untreated wastewater from round rearing ponds. Refer to Section D for nitrogen and phosphorus requirements. This discharge shall comply with Appendix A - I MANAGEMENT CONDITIONS I - 12. Page No.: 4 of 17 Permit No.: WV0112500 A.009 DISCHARGE LIMITATIONS AND MONITORING REQUIREMENTS: Permit Limits During the period beginning 7/1/2021 and lasting through midnight 5/4/2026 the permittee is authorized to discharge from Outlet Number(s) 009 (Storm Water Runoff) Such discharges shall be limited and monitored by the permittee as specified below: Effluent Characteristic Quantity Discharge Limitations Units Other Units 50050 - (Flow,in Conduit or thru plant) N/A N/A N/A N/A Rpt Only (Year Round) (ML-1) (RF-C) Avg. Monthly Rpt Only Max. Daily Units mgd Monitoring Requirements Measurement Frequency Sample Type 1/6 months Estimated 00530 - (Total Suspended Solids) N/A N/A N/A N/A Rpt Only Rpt Only mg/l 1/6 months (Year Round) (ML-1) (RF-C) Avg. Monthly Max. Daily Grab 00400 - (pH) (Year Round) (ML-1) (RF-C) N/A N/A N/A Rpt Only N/A Rpt Only S.U. 1/6 months Inst. Min. Inst. Max. Grab 00980 - (Iron, Total Recoverable) (Year Round) (ML-1) (RF-C) N/A N/A N/A N/A Rpt Only Rpt Only mg/l 1/6 months Avg. Monthly Max. Daily Grab Samples taken in compliance with the monitoring requirements specified above shall be taken at the following location(s): Untreated storm water runoff. This discharge shall comply with Appendix A - I MANAGEMENT CONDITIONS I - 12. Page No.: 5 of 17 Permit No.: WV0112500 A.010 DISCHARGE LIMITATIONS AND MONITORING REQUIREMENTS: Permit Limits During the period beginning 7/1/2021 and lasting through midnight 5/4/2026 the permittee is authorized to discharge from Outlet Number(s) 010 (Storm Water Runoff) Such discharges shall be limited and monitored by the permittee as specified below: Effluent Characteristic Quantity Discharge Limitations Units Other Units 50050 - (Flow,in Conduit or thru plant) N/A N/A N/A N/A Rpt Only (Year Round) (ML-1) (RF-C) Avg. Monthly Rpt Only Max. Daily Units mgd Monitoring Requirements Measurement Frequency Sample Type 1/6 months Estimated 00530 - (Total Suspended Solids) N/A N/A N/A N/A Rpt Only Rpt Only mg/l 1/6 months (Year Round) (ML-1) (RF-C) Avg. Monthly Max. Daily Grab 00400 - (pH) (Year Round) (ML-1) (RF-C) N/A N/A N/A Rpt Only N/A Rpt Only S.U. 1/6 months Inst. Min. Inst. Max. Grab 00980 - (Iron, Total Recoverable) (Year Round) (ML-1) (RF-C) N/A N/A N/A N/A Rpt Only Rpt Only mg/l 1/6 months Avg. Monthly Max. Daily Grab Samples taken in compliance with the monitoring requirements specified above shall be taken at the following location(s): Untreated storm water runoff. This discharge shall comply with Appendix A - I MANAGEMENT CONDITIONS I - 12. Page No.: 6 of 17 Permit No.: WV0112500 A.011 DISCHARGE LIMITATIONS AND MONITORING REQUIREMENTS: Permit Limits During the period beginning 7/1/2021 and lasting through midnight 5/4/2026 the permittee is authorized to discharge from Outlet Number(s) 011 (Process Water) Such discharges shall be limited and monitored by the permittee as specified below: Effluent Characteristic Quantity Discharge Limitations Units Other Units Units 50050 - (Flow,in Conduit or thru plant) Rpt Only N/A Mill. Galls/Mon N/A Rpt Only Rpt Only mgd (Year Round) (ML-1) (RF-A) Monthly Total Avg. Monthly Max. Daily Refer to Section D.2 for proper sampling, calculations, and reporting. 00310 - (BOD, 5-Day 20 Deg.C) 1254 2507 Lbs/Day N/A 30 60 mg/l (Year Round) (ML-1) (RF-A) Avg. Monthly Max. Daily Avg. Monthly Max. Daily Monitoring Requirements Measurement Frequency Sample Type 1/daily measured 1/month 8 hr comp 00530 - (Total Suspended Solids) (Year Round) (ML-1) (RF-A) 1254 Avg. Monthly 2507 Max. Daily Lbs/Day N/A 30 Avg. Monthly 60 Max. Daily mg/l 1/month 8 hr comp 00400 - (pH) (Year Round) (ML-1) (RF-A) N/A N/A N/A 6 N/A 9 S.U. Inst. Min. Inst. Max. 1/month Grab 00300 - (Dissolved Oxygen) (Year Round) (ML-1) (RF-A) N/A N/A N/A 6 N/A N/A mg/l Inst. Min. 1/month Grab 00610 - (Ammonia Nitrogen) (Year Round) (ML-1) (RF-A) 248 Avg. Monthly 496 Max. Daily Lbs/Day N/A 5.93 11.86 Avg. Monthly Max. Daily mg/l 1/month 8 hr comp 00620 - (Nitrogen Nitrate) (Year Round) (ML-1) (RF-A) N/A N/A N/A N/A 10 29.2 mg/l Avg. Monthly Max. Daily 1/month 8 hr comp 00615 - (Nitrogen Nitrite) (Year Round) (ML-1) (RF-A) N/A N/A N/A N/A 0.03 0.06 mg/l Avg. Monthly Max. Daily 1/month 8 hr comp Samples taken in compliance with the monitoring requirements specified above shall be taken at the following location(s): Treated wastewater from round & square rearing pond and raceways. An eight(8) hour composite sample for Outlet No. 011 shall be taken during the decant of the batch clarifier supernate corresponding to the weekly cleanings of raceways and ponds. This discharge shall comply with Appendix A - I MANAGEMENT CONDITIONS I - 12. Page No.: 7 of 17 Permit No.: WV0112500 A.011 DISCHARGE LIMITATIONS AND MONITORING REQUIREMENTS: Permit Limits During the period beginning 7/1/2021 and lasting through midnight 5/4/2026 the permittee is authorized to discharge from Outlet Number(s) 011 (Process Water) Such discharges shall be limited and monitored by the permittee as specified below: Effluent Characteristic Quantity Discharge Limitations Units Other Units Units 00600 - (Nitrogen, Total (as N)) Rpt Only N/A Lbs/Month N/A Rpt Only Rpt Only mg/l (Year Round) (ML-1) (RF-A) Monthly Total Avg. Monthly Max. Daily Refer to Section D.2 for proper sampling, calculations, and reporting. 00600 - (Nitrogen, Total (as N)) N/A 55480 Lbs/Year N/A N/A N/A N/A (Year Round) (ML-1) (RF-D) Annual Total Refer to Section D.2 for proper sampling, calculations, and reporting. 00665 - (Phosphorus, Total) Rpt Only N/A Lbs/Month N/A Rpt Only Rpt Only mg/l (Year Round) (ML-1) (RF-A) Monthly Total Avg. Monthly Max. Daily Refer to Section D.2 for proper sampling, calculations, and reporting. 00665 - (Phosphorus, Total) N/A 5548 Lbs/Year N/A N/A N/A N/A (Year Round) (ML-1) (RF-D) Annual Total Refer to Section D.2 for proper sampling, calculations, and reporting. 01119 - (Copper, Total Recoverable) N/A N/A N/A N/A Rpt Only Rpt Only mg/l (Year Round) (ML-1) (RF-A) Avg. Monthly Max. Daily Monitoring Requirements Measurement Frequency Sample Type 2/month 8 hr comp 1/year Calculated 2/month 8 hr comp 1/year Calculated 1/month 8 hr comp 01094 - (Zinc, Total Recoverable) N/A N/A N/A N/A Rpt Only Rpt Only mg/l (Year Round) (ML-1) (RF-A) Avg. Monthly Max. Daily 1/month 8 hr comp 01104 - (Aluminum, Total Recoverable) N/A N/A N/A N/A Rpt Only Rpt Only mg/l (Year Round) (ML-1) (RF-A) Avg. Monthly Max. Daily 1/month 8 hr comp Samples taken in compliance with the monitoring requirements specified above shall be taken at the following location(s): Treated wastewater from round & square rearing pond and raceways. An eight(8) hour composite sample for Outlet No. 011 shall be taken during the decant of the batch clarifier supernate corresponding to the weekly cleanings of raceways and ponds. This discharge shall comply with Appendix A - I MANAGEMENT CONDITIONS I - 12. Page No.: 8 of 17 Permit No.: WV0112500 A.101 DISCHARGE LIMITATIONS AND MONITORING REQUIREMENTS: Permit Limits During the period beginning 7/1/2021 and lasting through midnight 5/4/2026 the permittee is authorized to discharge from Outlet Number(s) 101 (Process Water, Other) Such discharges shall be limited and monitored by the permittee as specified below: Effluent Characteristic Quantity Discharge Limitations Units Other Units 45603 - (Fish Feed Used) N/A Rpt Only Lbs/Month N/A N/A N/A (Year Round) (ML-N/A) (RF-A) Monthly Total Total pounds of fish feed used per month. 45604 - (Biomass, Fish) N/A Rpt Only Lbs/Month N/A N/A N/A (Year Round) (ML-N/A) (RF-A) Monthly Total Total pounds of fish produced per month. Units N/A N/A Monitoring Requirements Measurement Frequency Sample Type 1/month measured 1/month measured Samples taken in compliance with the monitoring requirements specified above shall be taken at the following location(s): Outlet 101, internal outlet solely for reporting total annual aquatic animal's produced (in lbs) and the maximum feed rate during each calendar month (in lbs) determine applicability of CAAP regulations 40 CFR 451 / 47 CSR 10-13.2). Page No.: 9 of 17 Permit No.: WV0112500 Page No.: 10 of 17 Permit No.: WV0112500 B. SCHEDULE OF COMPLIANCE 1. The permitee shall achieve compliance with the provisions for waste treatment and the monitoring requirements specified in the permit in accordance with the following schedule : Effective date of permit. 2. Reports of compliance or non-compliance with, and progress reports on interim and final requirements contained in the above compliance schedule, if any, shall be postmarked no later than 14 days following each schedule date. Page No.: 11 of 17 Permit No.: WV0112500 Section C - Other Requirements 01. The permittee shall practice good housekeeping including maintaining the facility grounds. There shall be no scattered parts, equipment, debris, etc. Any and all drums shall be either stored in a covered area or kept upon pallets and properly sealed. 02. The issuance of this permit shall not relieve the permittee of the obligation to comply with any other federal, state or local laws. Compliance with this permit does not relieve the permittee from the obligation of Section 311 of the Clean Water Act. This permit does not authorize spills of hazardous substances/wastes from any permitted outlet into waters of the State. Such incidents are to be reported in accordance with Sections IV.1 and IV.2 of Appendix A of this permit. 03. Upon review of information submitted under terms and conditions of this permit, the permit may be modified to require additional effluent limitations/monitoring requirements and/or improved best management practices. 04. The permittee shall notify the Division of Water and Waste Management immediately when it becomes aware of any migration of any pollutant from any unpermitted source (such as contaminated groundwater and/or storm water) into surface waters of the State. 05. Without prior approval from the agency, the permittee shall not accept and treat wastewater from any other facility. 06. The permittee shall submit each month according to the enclosed format, a Discharge Monitoring Report (DMR) indicating in terms of concentration and/or quantities the values of the constituents listed in Section A analytically determined to be in the plant effluent(s). Additional information pertaining to effluent monitoring and reporting can be found in Section III of Appendix A. 07. The required DMRs shall be received by the agency no later than 25 days following the end of the reporting period in accordance with the following requirements. The agency encourages the permittee to utilize our electronic discharge monitoring report (eDMR) system. If the permittee uses the eDMR system, the permittee is not required to submit hard copies of the DMRs to the addresses listed below. However, if the permittee elects to not use the eDMR system, then the permittee is required to send hard copies to the addresses below. The permittee may contact the agency for more information about the eDMR system. Regardless, in accordance with Appendix A, Section III.6 of this permit, the permittee shall maintain copies of DMRs (either hard copies or electronic copies) at the plant site and the DMRs shall be made readily available upon request from DEP personnel. Director Division of Water and Waste Management 601 57th Street SE Charleston, West Virginia 25304 Attention: Permitting Section Department of Environmental Protection Environmental Enforcement HC 63, Box 2545 Romney, West Virginia 26757 08. In conjunction with all other reporting requirements of this permit, copies of all future correspondence regarding this permit will be forwarded to the Environmental Inspector and Environmental Inspector Supervisor at the following address: Department of Environmental Protection Environmental Enforcement 22288 Northwestern Pike Romney, West Virginia 26757 09. Any "not detected (ND)" results by the permittee must be "ND" at the method detection limit (MDL) for the test method used for that parameter and must be reported as less than the MDL used. The permittee may not report the result as zero, "ND", or report the result as less than a minimum level (ML), reporting limit (RL), or practical quantitation limit (PQL). When averaging values of analytical results for DMR reporting purposes for monthly averages, the permittee should use actual analytical results when these results are greater than or equal to the MDL and should use zero (0) when these results are less than the MDL. If all analytical results are non-detect at the MDL (<MDL), then the permittee should use the actual MDL in the calculation for averaging and report the result as less than the average calculation. Page No.: 12 of 17 Permit No.: WV0112500 Section C - Other Requirements 10. In incidences where a specific test method is not defined, the permittee shall utilize an EPA approved method with a method detection limit (MDL) sensitive enough to confirm compliance with the permit effluent limit for that parameter. If a MDL is not sensitive enough to confirm compliance, the most sensitive approved method must be used. If a more sensitive EPA approved method becomes available, that method shall be used. Should the current and/or new method not be sensitive enough to confirm compliance with the permitted effluent limit, analytical results reported as "not detected" at the MDL of the most sensitive method available will be deemed compliant for purposes of permit compliance. Results shall be reported on the Discharge Monitoring Reports as a numeric value less than the MDL. 11. The permittee shall not use alternate DMRs without prior approval from this Agency. 12. The Groundwater Protection Plan (GPP) and Storm Water Pollution Prevention Plan (SWPPP) shall be maintained at the facility site and shall be available for inspection by the Division of Water and Waste Management personnel. 13. The Best Management Practice (BMP) Plan (as required by 40CFR451), titled "Spring Run State Fish Hatchery, Best Management Practices", updated 11/16/2020 and "Nutrient Management Plan Identification", written 1/4/2018, shall be implemented and maintained at the site and shall be available for inspection by the Division of Water and Waste Management personnel. 14. The following storm water requirements apply to Outlet 009 and Outlet 010: a. Samples shall be collected from the discharge resulting from a storm event that is greater than 0.1 inches in magnitude and that occurs at least 72 hours from the previously measurable (greater than 0.1 inch rainfall) storm event. Samples shall be taken during the first thirty (30) minutes, or as soon thereafter as practicable, of the storm event. b. Each outlet shall be monitored separately. c. Pollutant Benchmark Value ----------------------------------------------------- Total Suspended Solids 100 mg/l pH 6.0 to 9.0 S.U. Iron 1.5 mg/l When the concentration results from a minimum of four consecutive samples of a pollutant are all less than the corresponding benchmark value for the pollutant, additional monitoring for the pollutant is not required (all pH values of the samples must be within the range 6.0 to 9.0 S.U.). The facility shall submit, each year, to the Division of Water and Waste Management, in lieu of the monitoring data, a certification (form will be provided upon request) that there has not been a significant change in the industrial activity or the pollution prevention measures in the area of the facility that drains to the outlet for which sampling is to be waived. If the concentration of a pollutant exceeds the corresponding benchmark concentration or a pH value is not within the range of 6.0 to 9.0 S.U., monitoring shall be continued and storm water pollution prevention practices shall be revised and implemented. A letter stating the revised and implemented storm water pollution prevention practices shall be submitted to the Division of Water and Waste Management at the address listed in Section C.07. 15. If there is evidence indicating potential or realized impacts on water quality due to any storm water discharge associated with industrial activity covered by this permit, the permit may be promptly modified and/or reissued to include effluent limitations and/or other requirements to control such storm water discharges. 16. The sludge generated at the permittee's facility shall be land applied in accordance with the requirements of the West Virginia Department of Agriculture. 17. Sampling requirements for total nitrogen and total phosphorus at Outlets 008 and 011 shall be performed in accordance with Sections D.02.c and D.02.d of this permit. The sampling requirements for the rest of the pollutants listed in Section A.008 and A.011 shall be performed during raceway cleaning. Eight (8) hour composite samples shall be obtained at Outlet 001 as prescribed in Sections A.008 and A.011. For Outlet 011, eight (8) hour composite samples shall be collected during decanting of the batch clarifier as a result of cleaning operations of the aquaculture raceways and ponds. Page No.: 13 of 17 Permit No.: WV0112500 Section C - Other Requirements 18. If any portion of the Permittee's discharge that is identified as being subject to Federal Effluent Guideline(s) and the new or revised requirements of the Federal Effluent Guideline(s) are not currently in this permit, the Director may reopen or reissue this permit to incorporate additional, more stringent requirements or limitations. 19. If the permittee participates in the Investigational New Animal Drug (INAD) program, the permittee shall notify the Division of Water and Waste Management in accordance with 40 CFR 451.3(a). 20. Any structural damage of the aquatic animal containment system or spill of drugs, pesticides or feed that result in a discharge to waters of the state, the permittee shall report to the Division in accordance with 40 CFR 451.3(b) and 40 CFR 451.3(c) respectfully. 21. The Materials Safety Data Sheet (MSDS) for Halamid Aqua indicates a minimum LC50 of 31 mg/l for poecilia reticulata and therefore, to be protective of narrative water quality criteria, at no time shall the concentration of the product or its residuals exceed 3.1 mg/l at any outlet. In addition, the permittee may use the following treatment chemicals (or their formulational equivalents) in its processes: Oxytetracycline Hydrogen Peroxide Chorulon Sulfadimethoxide-ormetorprin Tricaine-S Florfenicol Formalin Romet 30 Chloramin-T The permittee shall use each chemical per the manufacturer's directions. At no time shall the concentration of any product or its residuals exceed 1/10th of its minimum freshwater fish/invertebrate LC50 (if established) for non-bioaccumulative products or 1/100th of its minimum freshwater fish/invertebrate LC50 (if established) for bioaccumulative products at any outlet. Page No.: 14 of 17 Permit No.: WV0112500 Section D - Nutrient Requirements 01. The permittee discharges to Spring Run, which is a tributary to the Potomac River Basin, which is a tributary to the Chesapeake Bay. In accordance with the EPA Chesapeake Bay TMDL, the following requirements apply to the permittee. The Chesapeake Bay Total Maximum Daily Load (TMDL) and the West Virginia Watershed Implementation Plan provide individual total nitrogen and total phosphorous aggregate wasteload allocations of 65,480 pounds per year and 6,548 pounds per year respectively. 02. Permit limitations for total nitrogen and total phosphorous are being implemented on an Annual Total Load basis. The Annual Total Load Limitations shall be attained in accordance with the following: a. The Division recognizes there is not an EPA approved method to directly test for Total Nitrogen. The Total Nitrogen value to be reported on the permittee's Discharge Monitoring Reports (DMRs) shall be the sum of the following parameters; Total Kjeldahl Nitrogen, Nitrate, and Nitrite. 1) If all three (3) constituents of total nitrogen are not detected at their method detection limit (MDL), the permittee shall sum the actual MDLs for each constituent and report the result as less than the calculation. 2) When calculating the sum of the constituents for total nitrogen, the permittee shall use actual analytical results when these results are greater than or equal to the MDL for a particular constituent and should use zero (0) for a constituent if one or two of the constituents are less than the MDL. b. Effluent monitoring for the following pollutants shall be conducted using the most sensitive methods and detection levels commercially available and economically feasible. The following methods and detection levels are recommended to be used unless the permittee desires to use an EPA Approved Method with a lower detection level: Parameter ----------------------Total Kjeldahl Nitrogen Nitrate Nitrogen Nitrite Nitrogen Total Phosphorous EPA Method No. -------------- 351.4 300.0 300.0 365.4 Method Detection Limit (mg/l) ----------------------------- 0.03 0.002 0.004 0.01 Any "not detected (ND)" results by the permittee must be "ND" at the method detection limit (MDL) for the test method used for that parameter and must be reported as less than the MDL used (See also Section 2.a for Total Nitrogen). The permittee may not report the result as zero, "ND", or report the result as less than a minimum level (ML), reporting limit (RL), or practical quantitation limit (PQL). c. The permittee shall collect eight (8) hour composite samples for total phosphorous and for each constituent of total nitrogen. All sampling shall be collected concurrently and shall be representative of normal operations. The permittee shall sample for total phosphorous and for each constituent of total nitrogen twice per month (2/month) with one sample being taken during the raceway cleaning period and one during the non raceway cleaning period. Page No.: 15 of 17 Permit No.: WV0112500 Section D - Nutrient Requirements 02. d. The actual total (not the average) monthly flow during the raceway cleaning days and actual total flow during the non-raceway cleaning days shall be used in conjunction with the corresponding total nitrogen and total phosphorous concentration results in order to determine the total monthly mass results for DMR reporting purposes. The total flow discharged during the raceway cleaning days is the sum of the daily flow in million gallons per day during the days in a month when the raceways were cleaned. The total flow discharged during the non-raceway cleaning days is the sum of the daily flow in million gallons per day during the days in a month when the raceways were not cleaned. [Total Flow Discharged during raceway cleaning days in a Month (mgd)] * [Average Monthly Nutrient Concentration during raceway cleaning days(mg/l)] * [8.34] + [Total Flow Discharged during non-raceway cleaning days in a Month (mgd)] * [Average Monthly Nutrient Concentration during non-raceway cleaning days(mg/l)] * [8.34] = Monthly Load (lbs/month) e. The sum of total monthly mass results for total nitrogen and total phosphorous shall not exceed the following annual mass limitations for any year. . Parameter ----------------Total Nitrogen Total Phosphorous Outlet 008 Annual Total Load Limit ----------------------- 10,000 lbs/yr 1,000 lbs/yr . Parameter ----------------Total Nitrogen Total Phosphorous Outlet 011 Annual Total Load Limit ----------------------- 55,480 lbs/yr 5,548 lbs/yr f. As a guideline, the permittee for Outlet No. 008 shall measure its monthly performance to determine if operations will achieve the annual total load limits. If the total monthly load exceeds 833 lbs/month for nitrogen or 83 lbs/month for phosphorous, the permittee shall submit written documentation which explains the elevated monthly totals and the rationale for ensuring that the annual loads will still be achieved in future months. As a guideline, the permittee for Outlet No. 011 shall measure its monthly performance to determine if operations are achieving the annual total load limits. If the total monthly load exceeds 4,623 lbs/month for nitrogen or 462 lbs/month for phosphorous, the permittee shall submit written documentation which explains the elevated monthly totals and the rationale for ensuring that the annual loads will still be achieved in future months. 03. Expansion of the wastewater treatment plant beyond annual total load limits in D.2.e shall require the permittee to obtain offsets. Said offsets shall be submitted to the Director for approval, and the permit subsequently modified prior to any expansion. a. At present, no trading or offset program has been established by the state. Proposals will continue to be evaluated on a case-by-case basis until a trading and/or offset program has been established. 04. The annual monitoring period for total nitrogen and total phosphorous is prescribed as July 1st through June 30th of each year. As such, the permittee shall report the total annual mass load for total nitrogen and total phosphorous based on monthly totals from July 1st through June 30th on its June DMR. 05. The permittee shall submit an annual report on, or before, August 1 each year which summarizes the following information. a. The permittee shall summarize the previous year's nutrient data. This may be accomplished in letter form and shall include all calculations of the year's mass loadings reported. In general, this report shall include a table depicting the monthly loadings discharged for the previous year as well as an assessment of compliance with the nitrogen and phosphorus annual limitations in Sections A.008 and A.011. Page No.: 16 of 17 Permit No.: WV0112500 Section D - Nutrient Requirements 05. b. For the purpose of this condition, a year is defined as July 1st through June 30th. Page No.: 17 of 17 Permit No.: WV0112500 The herein-described activity is to be extended, modified, added to, made, enlarged, acquired, constructed or installed, and operated, used and maintained strictly in accordance with the terms and conditions of this permit, with the plans and specifications submitted with Permit Application No. WV0112500; with the plan of maintenance and method of operation thereof submitted with such application(s); and with any applicable rules and regulations promulgated by the Environmental Quality Board and the Secretary of the Department of Environmental Protection. Failure to comply with the terms and conditions of this permit, with the plans and specifications submitted with Permit Application No. WV0112500; and with the plan of maintenance and method of operation thereof submitted with such application(s) shall constitute grounds for the revocation or suspension of this permit and the invocation of all the enforcement procedures set forth in Chapter 22, Article 11, or 15 of the Code of West Virginia. This permit is issued in accordance with the provisions of Chapter 22, Article 11 and 12 and/or 15 of the Code of West Virginia and is transferable under the terms of Section 11 of Article 11. ___________________________ Katheryn Emery, P.E., Acting Director Appendix A I. MANAGEMENT CONDITIONS: 1. Duty to Comply a) The permittee must comply with all conditions of this permit. Permit noncompliance constitutes a violation of the CWA and State Act and is grounds for enforcement action; for permit modification, revocation and reissuance, suspension or revocation; or for denial of a permit renewal application. b) The permittee shall comply with all effluent standards or prohibitions established under Section 307(a) of the CWA for toxic pollutants within the time provided in the regulations that establish these standards or prohibitions, even if the permit has not yet been modified to incorporate the requirement. 2. 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 at least 180 days prior to expiration of the permit. 3. Duty to Mitigate The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this permit, which has a reasonable likelihood of adversely affecting human health or the environment. 4. Permit Actions This permit may be modified, revoked and reissued, suspended, or revoked for cause. The filing of a request by the permittee for permit modification, revocation and reissuance, or revocation, or a notification of planned changes or anticipated noncompliance, does not stay any permit condition. 5. Property Rights This permit does not convey any property rights of any sort or any exclusive privilege. 6. Signatory Requirements All applications, reports, or information submitted to the Director shall be signed and certified as required in Title 47, Series 10 , Section 4.6 of the West Virginia Legislative Rules. 7. Transfers This permit is not transferrable to any person except after notice to the Director. The Director may require modification or revocation and reissuance of the permit to change the name of the permittee and incorporate such other requirements as may be necessary. 8. Duty to Provide Information The permittee shall furnish to the Director, within a reasonable specified time, any information which the Director may request to determine whether cause exists for modifying, revoking and reissuing, suspending, or revoking this permit, or to determine compliance with this permit. The permittee shall also furnish to the Director, upon request, copies of records required to be kept by this permit. 9. Other Information Where the permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or information. 10. Inspection and Entry The permittee shall allow the Director, or an authorized representative, upon the presentation of credentials and other documents as may be required by law, to: a) Enter upon the permittee's premises in which an effluent source or activity is located, or where records must be kept under the conditions of this permit; b) Have access to and copy at reasonable times, any records that must be kept under the conditions of this permit; c) Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and d) Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the State Act, any substances or parameters at any location. 11. Permit Modification This permit may be modified, suspended, or revoked in whole or in part during its term in accordance with the provisions of Chapter 22-11-12 of the Code of West Virginia. 12. Water Quality This discharge shall not cause or materially contribute to: distinctly visible floating or settable solids, suspended solids, scum, foam or oily slicks; deposits or sludge bank on the bottom; odors in the vicinity of the waters; taste or odor that would adversely affect the designated uses of the affected waters; distinctly visible color which may impair or interfere with the designated uses of the affected waters; and shall not cause a fish or mussel kill. The limitations and conditions in this permit for the discharges identified in this permit are limitations and conditions that are necessary to meet applicable West Virginia water quality standards, Requirements Governing Water Quality Standards 47 CSR 2. 13. Outlet Markers A permanent marker at the establishment shall be posted in accordance with Title 47, Series 11, Section 9 of the West Virginia Legislative Rules. 14. Liabilities a) Any person who violates a permit condition implementing sections 301, 302, 306, 307, 308, 318, or 405 of the Clean Water Act is subject to a civil penalty not to exceed $25,000 per day of such violation. Any person who willfully or negligently violates permit conditions implementing sections 301, 302, 306, 307, 308 or 405 of the Clean Water Act is subject to a fine of not less than $2,500 nor more than $25,000 per day of violation, or by imprisonment for not more than 1 year, or both. b) Any person who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than 2 years, or by both. c) Any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than 2 years, or by both. d) Nothing in I.14 a), b), and c) shall be construed to limit or prohibit any other authority the Director may have under the State Water Pollution Control Act, Chapter 22, Article 11. II. OPERATION AND MAINTENANCE: 1. Proper Operation and Maintenance The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls, and appropriate quality assurance procedures. Unless otherwise required by Federal or State law, this provision requires the operation of back-up auxiliary facilities or similar systems which are installed by the permittee only when the operation is necessary to achieve compliance with the conditions of the permit. For domestic waste treatment facilities, waste treatment operators as classified by the WV Bureau of Public Health Laws, W. Va. Code Chapter 16-1, will be required except that in circumstances where the domestic waste treatment facility is receiving any type of industrial waste, the Director may require a more highly skilled operator. 2. Need to Halt or Reduce Activity Not a Defense It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of the permit. 3. Bypass a) b) c) d) Definitions (1) "Bypass" means the intentional diversion of waste streams from any portion of a treatment facility; and (2) "Severe property damage" means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. Bypass not exceeding limitations. The permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provision of II.3.c) and II.3.d) of this permit. (1) If the permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten (10) days before the date of the bypass; (2) If the permittee does not know in advance of the need for bypass, notice shall be submitted as required in IV.2.b) of this permit. Prohibition of bypass (1) Bypass is permitted only under the following conditions, and the Director may take enforcement action against a permittee for a bypass, unless; (A) Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage; (B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgement to prevent a bypass which occurred during normal periods of equipment downtime or preventative maintenance; and (C) The permittee submitted notices as required under II.3.c) of this permit. (2) The Director may approve an anticipated bypass, after considering its adverse effects, if the Director determines that it will meet the three conditions listed in II.3.d.(1) of this permit. 4. Upset a) b) c) d) Definition. "Upset" means an exceptional incident in which there is unintentional and temporary noncompliance with technology-based permit effluent limitations because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventative maintenance, or careless or improper operation. Effect of an upset. An upset constitutes an affirmative defense to an action brought for noncompliance with such technology-based permit effluent limitation if the requirements of II.4.c) are met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. Conditions necessary for a demonstration of upset. A permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (1) An upset occurred and that the permittee can identify the cause(s) of the upset; (2) The permitted facility was at the time being properly operated; (3) The permittee submitted notice of the upset as required in IV.2.b) of this permit. (4) The permittee complied with any remedial measures required under I.3. of this permit. Burden of proof. In any enforcement proceeding the permittee seeking to establish the occurrence of an upset has the burden of proof. 5. Removed Substances Where removed substances are not otherwise covered by the terms and conditions of this permit or other existing permit by the Director, any solids, sludges, filter backwash or other pollutants (removed in the course of treatment or control of wastewaters) and which are intended for disposal within the State, shall be disposed of only in a manner and at a site subject to the approval by the Director. If such substances are intended for disposal outside the State or for reuse, i.e., as a material used for making another product, which in turn has another use, the permittee shall notify the Director in writing of the proposed disposal or use of such substances, the identity of the prospective disposer or users, and the intended place of disposal or use, as appropriate. III. MONITORING AND REPORTING 1. Representative Sampling Samples and measurements taken for the purpose of monitoring shall be representative of the monitored activity. 2. Reporting a) b) c) d) Permittee shall submit, according to the enclosed format, a Discharge Monitoring Report (DMR) indicating in terms of concentration, and/or quantities, the values of the constituents listed in Part A analytically determined to be in the plant effluent(s). DMR submissions shall be made in accordance with the terms contained in Section C of this permit. Enter reported average and maximum values under "Quantity" and "Concentration" in the units specified for each parameter, as appropriate. Specify the number of analyzed samples that exceed the allowable permit conditions in the columns labeled "N.E." (i.e., number exceeding). Specify frequency of analysis for each parameter as number of analyses/specified period (e.g.,3/month is equivalent to 3 analyses performed every calendar month). If continuous, enter "Cont.". The frequency listed on format is the minimum required. 3. Test Procedures Samples shall be taken, preserved and analyzed in accordance with the latest edition of 40 CFR Part 136, unless other test procedures have been specified elsewhere in this permit. 4. Recording of Results For each measurement or sample taken pursuant to the permit, the permittee shall record the following information. a) The date, exact place, and time of sampling or measurement; b) The date(s) analyses were performed; c) The individual(s) who performed the sampling or measurement; d) The individual(s) who performed the analyses; if a commercial laboratory is used, the name and address of the laboratory; e) The analytical techniques or methods used, and f) The results of such analyses. Information not required by the DMR form is not to be submitted to this agency, but is to be retained as required in III.6. 5. Additional Monitoring by Permittee If the permittee monitors any pollutant at any monitoring point specified in this permit more frequently than required by this permit, using approved test procedures or others as specified in this permit, the results of this monitoring shall be included in the calculation and reporting of the data submitted in the Discharge Monitoring Report Form. Such increased frequency shall also be indicated. Calculations for all limitations which require averaging of measurements shall utilize an arithmetic mean unless otherwise specified in the permit. 6. Records Retention The permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original chart recordings for continuous monitoring instrumentation, copies of all reports required by this permit, and records of all data used to complete the application for the permit, for a period of at least three (3) years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time. 7. Definitions a) b) c) d) e) f) g) h) i) j) k) l) "Daily discharge" means the discharge of a pollutant measured during a calendar day or within any specified period that reasonably represents the calendar day for purposes of sampling. For pollutants with limitations expressed in units of mass, the daily discharge is calculated as the total mass of the pollutant discharged over the day. For pollutants with limitations expressed in other units of measurement, the daily discharge is calculated as the average measurement of the pollutant over the day. "Average monthly discharge limitation" means the highest allowable average of daily discharges over a calendar month, calculated as the sum of all daily discharges measured during a calendar month divided by the number of daily discharges measured during that month. "Maximum daily discharge limitation" means the highest allowable daily discharge. "Composite Sample" is a combination of individual samples obtained at regular intervals over a time period. Either the volume of each individual sample is proportional to discharge flow rates or the sampling interval (for constant volume samples) is proportional to the flow rates over the time period used to produce the composite. The maximum time period between individual samples shall be two hours. "Grab Sample" is an individual sample collected in less than 15 minutes. "is" = immersion stabilization - a calibrated device is immersed in the effluent stream until the reading is stabilized. The "daily average temperature" means the arithmetic average of temperature measurements made on an hourly basis, or the mean value plot of the record of a continuous automated temperature recording instrument, either during a calendar month, or during the operating month if flows are of shorter duration. The "daily maximum temperature" means the highest arithmetic average of the temperatures observed for any two (2) consecutive hours during a 24 hour day, or during the operating day if flows are of shorter duration. The "monthly average fecal coliform" bacteria is the geometric average of all samples collected during the month. "Measured Flow" means any method of liquid volume measurement, the accuracy of which has been previously demonstrated in engineering practice, or which a relationship to absolute volume has been obtained. "Estimate" means to be 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. "Non-contact cooling water" means the water that is contained in a leak-free system, i.e., no contact with any gas, liquid, or solid other than the container for transport; the water shall have no net poundage addition of any pollutant over intake water levels, exclusive of approved antifouling agents. IV. OTHER REPORTING 1. Reporting Spills and Accidental Discharges Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities or penalties established pursuant to Title 47, Series 11, Section 2 of the West Virginia Legislative Rules promulgated pursuant to Chapter 22, Article 11. Attached is a copy of the West Virginia Spill Alert System for use in complying with Title 47, Series 11, Section 2 of the Legislative rules as they pertain to the reporting of spills and accidental discharges. 2. Immediate Reporting a) The permittee shall report any noncompliance which may endanger health or the environment immediately after becoming aware of the circumstances by using the Agency's designated spill alert telephone number. A written submission shall be provided within five (5) days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent recurrence of the noncompliance. b) The following shall also be reported immediately: (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 a maximum daily discharge limitation for any of the pollutants listed by the Director in the permit shall be reported immediately. This list shall include any toxic pollutant or hazardous substance, or any pollutant specifically identified as the method to control a toxic pollutant or hazardous substance. c) The Director may waive the written report on a case-by-case basis if the oral report has been received in accordance with the above. d) Compliance with the requirements of IV.2 of this section, shall not relieve a person of compliance with Title 47, Series 11, Section 2. 3. Reporting Requirements a) Planned changes. The permittee shall give notice to the Director of any planned physical alterations or additions to the permitted facility which may affect the nature or quantity of the discharge. Notice is required when: (1) The alteration or addition to a permitted facility may meet one of the criteria for determining whether a facility is a new source in Section 13.7.b of Series 10, Title 47; or (2) The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants which are subject neither to effluent limitations in the permit, nor to notification requirements under IV.2 of this section. b) Anticipated noncompliance. The permittee shall give advance notice to the Director of any planned changes in the permitted facility or activity which may result in noncompliance with permit requirements. c) In addition to the above reporting requirements, all existing manufacturing, commercial, and silvicultural discharges must notify the Director in writing as soon as they know or have reason to believe: (1) That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, or any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels": (A) One hundred micrograms per liter (100 ug/l); (B) Two hundred micrograms per liter (200 ug/l) for acrolein and acrylonitrile; five hundred micrograms per liter (500 ug/l) for 2,4-dinitro phenol; and for 2-methyl 4,6-dinitrophenol; and one milligram per liter (1 mg/l) for antimony; (C) Five (5) times the maximum concentration value reported for that pollutant in the permit application in accordance with Section 4.4.b.9 of Series10, Title 47. (D) The level established by the Director in accordance with Section 6.3.g of Series 10, Title 47; (2) That any activity has occurred or will occur which would result in any discharge (on a non-routine or infrequent basis) of a toxic which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels": (A) Five hundred micrograms per liter (500 ug/l); (B) One milligram per liter (1 mg/l) for antimony; (C) Ten (10) times the maximum concentration value reported for that pollutant in the permit application in accordance with Section 4.4.b.7 of Series 10, Title 47; (D) The level established by the Director in accordance with Section 6.3.g of Series 10, Title 47. (3) That they have begun or expect to begin to use or manufacture as an intermediate or final product or by-product of any toxic pollutant which was not reported in the permit application under Section 4.4.b.9 of Series 10, Title 47 and which will result in the discharge on a routine or frequent basis of that toxic pollutant at levels which exceed five times the detection limit for that pollutant under approved analytical procedure. (4) That they have begun or expect to begin to use or manufacture as an intermediate or final product or by-product of any toxic pollutant which was not reported in the permit application under Section 4.4.b.9 of Series 10, Title 47 and which will result in the discharge on a non-routine or infrequent basis of that toxic pollutant at levels which exceed ten times the detection limit for that pollutant under approved analytical procedure. 4. Other Noncompliance The permittee shall report all instances of noncompliance not reported under the above paragraphs at the time monitoring reports are submitted. The reports shall contain the information listed in IV.2.a). Should other applicable noncompliance reporting be required, these terms and conditions will be found in Section C of this permit. WRD 2A-82 STATE OF WEST VIRGINIA NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM DISCHARGE MONITORING REPORT Permit Limits FACILITY NAME: (Spring Run Fish Hatchery) WV DIVISION OF NATURAL RESOURCES CERTIFIED LABORATORY NAME: LOCATION OF FACILITY: PETERSBURG; Grant County PERMIT NO.: WV0112500 008 CERTIFIED LABORATORY ADDRESS: WASTELOAD FOR THE MONTH OF: INDIVIDUAL PERFORMING ANALYSIS: Quantity Other Units Parameter Units N.E. CEL* 50050 (ML-1) RF-A Reported Flow,in Conduit or thru plant Rpt Only N/A Year Round Permit Limits Monthly Total Mill. N/A Galls/Mon Rpt Only Rpt Only N/A Avg. Monthly Max. Daily Units mgd Measurement N.E. Frequency Sample Type 1/daily measured 00310 (ML-1) RF-A Reported BOD, 5-Day 20 Deg.C 65.1 141.2 Lbs/Day N/A Year Round Permit Limits Avg. Monthly Max. Daily 30 Avg. Monthly 60 Max. Daily N/A mg/l 1/month 8 hr comp 00530 (ML-1) RF-A Reported Total Suspended Solids 65.1 141.2 Lbs/Day N/A Year Round Permit Limits Avg. Monthly Max. Daily 30 Avg. Monthly 60 Max. Daily N/A mg/l 1/month 8 hr comp 00400 (ML-1) RF-A Reported pH Year Round N/A N/A Permit Limits 6 Inst. Min. N/A 9 Inst. Max. N/A S.U. 1/month Grab 00300 (ML-1) RF-A Reported Dissolved Oxygen Year Round N/A N/A Permit Limits 6 N/A N/A Inst. Min. N/A mg/l 1/month Grab 00610 (ML-1) RF-A Reported Ammonia Nitrogen Year Round 12.9 25.7 Lbs/Day N/A Permit Limits Avg. Monthly Max. Daily 5.93 Avg. Monthly 11.86 Max. Daily N/A mg/l 1/month 8 hr comp * CEL = Compliance Evaluation Level Name of Principal Executive Officer Title of Officer I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information including the possibility of a fine and imprisonment for knowing violations. Date Completed Signature of Principal Executive Officer or Authorized Agent WRD 2A-82 STATE OF WEST VIRGINIA NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM DISCHARGE MONITORING REPORT Permit Limits FACILITY NAME: (Spring Run Fish Hatchery) WV DIVISION OF NATURAL RESOURCES CERTIFIED LABORATORY NAME: LOCATION OF FACILITY: PETERSBURG; Grant County PERMIT NO.: WV0112500 008 CERTIFIED LABORATORY ADDRESS: WASTELOAD FOR THE MONTH OF: INDIVIDUAL PERFORMING ANALYSIS: Quantity Other Units Parameter Units N.E. CEL* 00620 (ML-1) RF-A Reported Nitrogen Nitrate Year Round N/A N/A Permit Limits N/A Rpt Only Rpt Only N/A Avg. Monthly Max. Daily Units mg/l Measurement N.E. Frequency Sample Type 1/month 8 hr comp 00615 (ML-1) RF-A Reported Nitrogen Nitrite Year Round N/A N/A Permit Limits N/A Rpt Only Rpt Only N/A mg/l 1/month 8 hr comp Avg. Monthly Max. Daily 00600 (ML-1) RF-D Reported Nitrogen, Total (as N) N/A 10000 Lbs/Year N/A N/A N/A N/A Year Round Permit Limits Annual Total 1/year Calculated 00600 (ML-1) RF-A Nitrogen, Total (as N) Year Round Reported Rpt Only N/A Permit Limits Monthly Total Lbs/Month N/A Rpt Only Avg. Monthly Rpt Only Max. Daily N/A mg/l 2/month 8 hr comp 00665 (ML-1) RF-A Phosphorus, Total Year Round Reported Rpt Only N/A Permit Limits Monthly Total Lbs/Month N/A Rpt Only Avg. Monthly Rpt Only Max. Daily N/A mg/l 2/month 8 hr comp 00665 (ML-1) RF-D Reported Phosphorus, Total N/A 1000 Lbs/Year N/A N/A N/A N/A Year Round Permit Limits Annual Total 1/year Calculated * CEL = Compliance Evaluation Level Name of Principal Executive Officer Title of Officer I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information including the possibility of a fine and imprisonment for knowing violations. Date Completed Signature of Principal Executive Officer or Authorized Agent WRD 2A-82 STATE OF WEST VIRGINIA NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM DISCHARGE MONITORING REPORT Permit Limits FACILITY NAME: (Spring Run Fish Hatchery) WV DIVISION OF NATURAL RESOURCES CERTIFIED LABORATORY NAME: LOCATION OF FACILITY: PETERSBURG; Grant County PERMIT NO.: WV0112500 008 CERTIFIED LABORATORY ADDRESS: WASTELOAD FOR THE MONTH OF: INDIVIDUAL PERFORMING ANALYSIS: Quantity Other Units Parameter Units N.E. CEL* 01119 (ML-1) RF-A Reported Copper, Total Recoverable N/A N/A Year Round Permit Limits N/A Rpt Only Rpt Only N/A Avg. Monthly Max. Daily Units mg/l Measurement N.E. Frequency Sample Type 1/month 8 hr comp 01094 (ML-1) RF-A Reported Zinc, Total Recoverable N/A N/A Year Round Permit Limits N/A Rpt Only Rpt Only N/A mg/l 1/month 8 hr comp Avg. Monthly Max. Daily 01104 (ML-1) RF-A Reported Aluminum, Total Recoverable N/A N/A Year Round Permit Limits N/A Rpt Only Rpt Only N/A mg/l 1/month 8 hr comp Avg. Monthly Max. Daily * CEL = Compliance Evaluation Level Name of Principal Executive Officer Title of Officer I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information including the possibility of a fine and imprisonment for knowing violations. Date Completed Signature of Principal Executive Officer or Authorized Agent WRD 2A-82 STATE OF WEST VIRGINIA NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM DISCHARGE MONITORING REPORT Permit Limits FACILITY NAME: (Spring Run Fish Hatchery) WV DIVISION OF NATURAL RESOURCES CERTIFIED LABORATORY NAME: LOCATION OF FACILITY: PETERSBURG; Grant County PERMIT NO.: WV0112500 009 CERTIFIED LABORATORY ADDRESS: WASTELOAD FOR THE MONTH OF: INDIVIDUAL PERFORMING ANALYSIS: Quantity Other Units Parameter Units N.E. CEL* 50050 (ML-1) RF-C Reported Flow,in Conduit or thru plant N/A N/A Year Round Permit Limits N/A Rpt Only Rpt Only N/A Avg. Monthly Max. Daily Units mgd Measurement N.E. Frequency Sample Type 1/6 months Estimated 00530 (ML-1) RF-C Reported Total Suspended Solids N/A N/A Year Round Permit Limits N/A Rpt Only Rpt Only N/A mg/l 1/6 months Grab Avg. Monthly Max. Daily 00400 (ML-1) RF-C Reported pH Year Round N/A N/A Permit Limits Rpt Only N/A Inst. Min. Rpt Only Inst. Max. N/A S.U. 1/6 months Grab 00980 (ML-1) RF-C Reported Iron, Total Recoverable N/A N/A Year Round Permit Limits N/A Rpt Only Rpt Only N/A mg/l 1/6 months Grab Avg. Monthly Max. Daily * CEL = Compliance Evaluation Level Name of Principal Executive Officer Title of Officer I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information including the possibility of a fine and imprisonment for knowing violations. Date Completed Signature of Principal Executive Officer or Authorized Agent WRD 2A-82 STATE OF WEST VIRGINIA NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM DISCHARGE MONITORING REPORT Permit Limits FACILITY NAME: (Spring Run Fish Hatchery) WV DIVISION OF NATURAL RESOURCES CERTIFIED LABORATORY NAME: LOCATION OF FACILITY: PETERSBURG; Grant County PERMIT NO.: WV0112500 010 CERTIFIED LABORATORY ADDRESS: WASTELOAD FOR THE MONTH OF: INDIVIDUAL PERFORMING ANALYSIS: Quantity Other Units Parameter Units N.E. CEL* 50050 (ML-1) RF-C Reported Flow,in Conduit or thru plant N/A N/A Year Round Permit Limits N/A Rpt Only Rpt Only N/A Avg. Monthly Max. Daily Units mgd Measurement N.E. Frequency Sample Type 1/6 months Estimated 00530 (ML-1) RF-C Reported Total Suspended Solids N/A N/A Year Round Permit Limits N/A Rpt Only Rpt Only N/A mg/l 1/6 months Grab Avg. Monthly Max. Daily 00400 (ML-1) RF-C Reported pH Year Round N/A N/A Permit Limits Rpt Only N/A Inst. Min. Rpt Only Inst. Max. N/A S.U. 1/6 months Grab 00980 (ML-1) RF-C Reported Iron, Total Recoverable N/A N/A Year Round Permit Limits N/A Rpt Only Rpt Only N/A mg/l 1/6 months Grab Avg. Monthly Max. Daily * CEL = Compliance Evaluation Level Name of Principal Executive Officer Title of Officer I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information including the possibility of a fine and imprisonment for knowing violations. Date Completed Signature of Principal Executive Officer or Authorized Agent WRD 2A-82 STATE OF WEST VIRGINIA NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM DISCHARGE MONITORING REPORT Permit Limits FACILITY NAME: (Spring Run Fish Hatchery) WV DIVISION OF NATURAL RESOURCES CERTIFIED LABORATORY NAME: LOCATION OF FACILITY: PETERSBURG; Grant County PERMIT NO.: WV0112500 011 CERTIFIED LABORATORY ADDRESS: WASTELOAD FOR THE MONTH OF: INDIVIDUAL PERFORMING ANALYSIS: Quantity Other Units Parameter Units N.E. CEL* 50050 (ML-1) RF-A Reported Flow,in Conduit or thru plant Rpt Only N/A Year Round Permit Limits Monthly Total Mill. N/A Galls/Mon Rpt Only Rpt Only N/A Avg. Monthly Max. Daily Units mgd Measurement N.E. Frequency Sample Type 1/daily measured 00310 (ML-1) RF-A Reported BOD, 5-Day 20 Deg.C 1254 2507 Lbs/Day N/A Year Round Permit Limits Avg. Monthly Max. Daily 30 Avg. Monthly 60 Max. Daily N/A mg/l 1/month 8 hr comp 00530 (ML-1) RF-A Reported Total Suspended Solids 1254 2507 Lbs/Day N/A Year Round Permit Limits Avg. Monthly Max. Daily 30 Avg. Monthly 60 Max. Daily N/A mg/l 1/month 8 hr comp 00400 (ML-1) RF-A Reported pH Year Round N/A N/A Permit Limits 6 Inst. Min. N/A 9 Inst. Max. N/A S.U. 1/month Grab 00300 (ML-1) RF-A Reported Dissolved Oxygen Year Round N/A N/A Permit Limits 6 N/A N/A Inst. Min. N/A mg/l 1/month Grab 00610 (ML-1) RF-A Reported Ammonia Nitrogen Year Round 248 496 Lbs/Day N/A Permit Limits Avg. Monthly Max. Daily 5.93 Avg. Monthly 11.86 Max. Daily N/A mg/l 1/month 8 hr comp * CEL = Compliance Evaluation Level Name of Principal Executive Officer Title of Officer I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information including the possibility of a fine and imprisonment for knowing violations. Date Completed Signature of Principal Executive Officer or Authorized Agent WRD 2A-82 STATE OF WEST VIRGINIA NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM DISCHARGE MONITORING REPORT Permit Limits FACILITY NAME: (Spring Run Fish Hatchery) WV DIVISION OF NATURAL RESOURCES CERTIFIED LABORATORY NAME: LOCATION OF FACILITY: PETERSBURG; Grant County PERMIT NO.: WV0112500 011 CERTIFIED LABORATORY ADDRESS: WASTELOAD FOR THE MONTH OF: INDIVIDUAL PERFORMING ANALYSIS: Quantity Other Units Parameter Units N.E. CEL* 00620 (ML-1) RF-A Reported Nitrogen Nitrate Year Round N/A N/A Permit Limits N/A 10 29.2 N/A Avg. Monthly Max. Daily Units mg/l Measurement N.E. Frequency Sample Type 1/month 8 hr comp 00615 (ML-1) RF-A Reported Nitrogen Nitrite Year Round N/A N/A Permit Limits N/A 0.03 0.06 N/A mg/l 1/month 8 hr comp Avg. Monthly Max. Daily 00600 (ML-1) RF-A Nitrogen, Total (as N) Year Round Reported Rpt Only N/A Permit Limits Monthly Total Lbs/Month N/A Rpt Only Avg. Monthly Rpt Only Max. Daily N/A mg/l 2/month 8 hr comp 00600 (ML-1) RF-D Reported Nitrogen, Total (as N) N/A 55480 Lbs/Year N/A N/A N/A N/A Year Round Permit Limits Annual Total 1/year Calculated 00665 (ML-1) RF-A Phosphorus, Total Year Round Reported Rpt Only N/A Permit Limits Monthly Total Lbs/Month N/A Rpt Only Avg. Monthly Rpt Only Max. Daily N/A mg/l 2/month 8 hr comp 00665 (ML-1) RF-D Reported Phosphorus, Total N/A 5548 Lbs/Year N/A N/A N/A N/A Year Round Permit Limits Annual Total 1/year Calculated * CEL = Compliance Evaluation Level Name of Principal Executive Officer Title of Officer I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information including the possibility of a fine and imprisonment for knowing violations. Date Completed Signature of Principal Executive Officer or Authorized Agent WRD 2A-82 STATE OF WEST VIRGINIA NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM DISCHARGE MONITORING REPORT Permit Limits FACILITY NAME: (Spring Run Fish Hatchery) WV DIVISION OF NATURAL RESOURCES CERTIFIED LABORATORY NAME: LOCATION OF FACILITY: PETERSBURG; Grant County PERMIT NO.: WV0112500 011 CERTIFIED LABORATORY ADDRESS: WASTELOAD FOR THE MONTH OF: INDIVIDUAL PERFORMING ANALYSIS: Quantity Other Units Parameter Units N.E. CEL* 01119 (ML-1) RF-A Reported Copper, Total Recoverable N/A N/A Year Round Permit Limits N/A Rpt Only Rpt Only N/A Avg. Monthly Max. Daily Units mg/l Measurement N.E. Frequency Sample Type 1/month 8 hr comp 01094 (ML-1) RF-A Reported Zinc, Total Recoverable N/A N/A Year Round Permit Limits N/A Rpt Only Rpt Only N/A mg/l 1/month 8 hr comp Avg. Monthly Max. Daily 01104 (ML-1) RF-A Reported Aluminum, Total Recoverable N/A N/A Year Round Permit Limits N/A Rpt Only Rpt Only N/A mg/l 1/month 8 hr comp Avg. Monthly Max. Daily * CEL = Compliance Evaluation Level Name of Principal Executive Officer Title of Officer I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information including the possibility of a fine and imprisonment for knowing violations. Date Completed Signature of Principal Executive Officer or Authorized Agent WRD 2A-82 STATE OF WEST VIRGINIA NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM DISCHARGE MONITORING REPORT FACILITY NAME: (Spring Run Fish Hatchery) WV DIVISION OF NATURAL RESOURCES CERTIFIED LABORATORY NAME: LOCATION OF FACILITY: PETERSBURG; Grant County PERMIT NO.: WV0112500 101 CERTIFIED LABORATORY ADDRESS: WASTELOAD FOR THE MONTH OF: INDIVIDUAL PERFORMING ANALYSIS: Quantity Other Units Parameter Units N.E. CEL* 45603 (ML-N/A) RF-A Reported Fish Feed Used N/A Rpt Only Lbs/Month N/A N/A N/A N/A Year Round Permit Limits Monthly Total Permit Limits Measurement Units N.E. Frequency Sample Type 1/month measured 45604 (ML-N/A) RF-A Reported Biomass, Fish Year Round N/A Rpt Only Lbs/Month N/A N/A N/A N/A Permit Limits Monthly Total 1/month measured * CEL = Compliance Evaluation Level Name of Principal Executive Officer Title of Officer I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information including the possibility of a fine and imprisonment for knowing violations. Date Completed Signature of Principal Executive Officer or Authorized Agent EMERGENCY RESPONSE SPILL ALERT SYSTEM WEST VIRGINIA DEPARTMENT OF ENVIRONMENTAL PROTECTION REQUIREMENTS: Title 47, Series 11, Section 2 of the West Virginia Legislative Rules, Environmental Protection, Water Resources - Waste Management, Effective July 1, 1994. RESPONSIBILITY FOR REPORTING: Each and every person who may cause or be responsible for any spill or accidental discharge of pollutants into the waters of the State shall give immediate notification to the Division of Water and Waste Management's Emergency Notification Number, 1-800-642-3074. Such notification shall set forth insofar as possible and as soon thereafter as practical the time and place of such spill or discharge, type or types and quantity or quantities of the material or materials therein, action or actions taken to stop such spill or discharge and to minimize the polluting effect thereof, the measure or measures taken or to be taken in order to prevent a recurrence of any such spill or discharge and such additional information as may be requested by the Division of Water and Waste Management. This also applies to spills to the waters of the State resulting from accidents to common carriers by highway, rail and water. It shall be the responsibility of each industrial establishment or other entity discharging directly to a stream to have available the following information pertaining to those substances that are employed or handled in its operation in sufficiently large amounts as to constitute a hazard in case of an accidental spill or discharge into a public stream: (1) Potential toxicity in water to man, animals and aquatic life; (2) Details on analytical procedures for the quantitative estimation of such substances in water and (3) Suggestions on safeguards or other precautionary measures to nullify the toxic effects of a substance once it has gotten into a stream. Failure to furnish such information as required by Section 14, Article 11, Chapter 22, Code of West Virginia may be punishable under Section 24, Article 11, Chapter 22, and/or Section 22, Article 11, Chapter 22, Code of West Virginia. It shall be the responsibility of any person who causes or contributes in any way to the spill or accidental discharge of any pollutant or pollutants into State waters to immediately take any and all measures necessary to contain such spill or discharge. It shall further be the responsibility of such person to take any and all measures necessary to clean-up, remove and otherwise render such spill or discharge harmless to the waters of the State. When the Director determines it necessary for the effective containment and abatement of spills and accidental discharges, the Director may require the person or persons responsible for such spill or discharge to monitor affected waters in a manner prescribed by the Director until the possibility of any adverse effect on the waters of the State no longer exists. VOLUNTARY REPORTING BY LAW OFFICERS, U. S. COAST GUARD, LOCK MASTERS AND OTHERS: In cases involving river and highway accidents where the responsible party may or may not be available to report the incident, law officers, U. S. Coast Guard, Lock Masters and other interested person(s) should make the report. WHO TO CONTACT: Notify the following number: 1-800-642-3074 INFORMATION NEEDED: - Source of spill or discharge - Location of incident - Time of incident - Material spilled or discharged - Amount spilled or discharged - Toxicity of material spilled or discharged - Personnel at the scene - Actions initiated - Shipper/Manufacturer identification - Railcar/Truck identification number - Container type WV/NPDES Permit No.: WV0112500 NOTICE TO PERMITTEES The 1999 regular session of the West Virginia legislature revised the Water Pollution Control Act, Chapter 22, Article 11, Section 10 of the Code of West Virginia relating to fees associated with permits. This section of the Code requires all holders of a State water pollution control permit or a national pollutant discharge elimination system permit to be assessed an annual permit fee, based upon rules promulgated by the Secretary of the Department of Environmental Protection. The Secretary has promulgated a final rule in accordance with the code revision to this effect and these rules were effective May 4, 2000. The rules establish an annual permit fee based upon the relative potential to degrade the waters of the State which, in most instances, relate to volume of discharge. However, for sewage facilities, the annual permit fee is based upon the number of customers served by the facility. You may contact the Secretary of State's Office, State Capitol Building, Charleston, WV 25305, to obtain a copy of the rules. The reference is Title 47, Legislative Rules, Department of Environmental Protection, Division of Water Resources, Series 26 Water Pollution Control Permit Fee Schedules. Based upon the volume of discharge for which your facility is currently permitted, the number of customers served by your facility or for the category you fall within, pursuant to Section 7 of Title 47, Series 26, your annual permit fee is $1000.00. This fee is due no later than the anniversary date of permit issuance in each year of the term of the permit or in the case of coverage under a general permit, the fee is due no later than the anniversary date of your coverage under the general permit. You will be invoiced by this agency at the appropriate time for the fee. Failure to submit the annual fee within ninety(90) days of the due date will render your permit void upon the date you are mailed a certified written notice to that effect. RIGHT OF APPEAL Notice is hereby given of your right to appeal the terms and conditions of this permit which you are aggrieved by to the Environmental Quality Board by filing a NOTICE OF APPEAL on the form prescribed by such Board for this purpose, with the Board, in accordance with the provisions of Section 21, Article 11, Chapter 22 of the Code of West Virginia within thirty (30) days after the date of receipt of the above permit. Devereux, Lori K From: Sent: To: Subject: Sweeney, Matthew L Monday, April 19, 2021 9:41 PM Devereux, Lori K Fw: [External] WVDNR Spring Run Fish Hatchery (WV0112500) EPA approval From: Fulton, Jennifer <Fulton.Jennifer@epa.gov> Sent: Monday, April 19, 2021 9:16 PM To: Sweeney, Matthew L <Matthew.L.Sweeney@wv.gov> Cc: Patel, Yogesh P <Yogesh.P.Patel@wv.gov>; Moncavage, Carissa <Moncavage.Carissa@epa.gov> Subject: [External] WVDNR Spring Run Fish Hatchery (WV0112500) CAUTION: External email. Do not click links or open attachments unless you verify sender. Matt, According to our Memorandum of Agreement, the Environmental Protection Agency (EPA) Region III has received the draft National Pollutant Discharge Elimination System (NPDES) permit for: WV DNR Spring Run Fish Hatchery NPDES Number: WV0112500 EPA Received: March 23, 2021 30-day Due Date: April 22, 2021 This is a minor permit discharging to Spring Run and is affected by the Chesapeake Bay TMDL. EPA has chosen to perform a limited review based on the assumptions and requirements of the Bay TMDL. EPA completed its review and has no comments. If any changes are made to the draft permit and/or fact sheet, please submit those changes for review. Carissa Moncavage, copied in this email, is the contact on my staff. Thank you, Jennifer Fulton, Acting Chief Clean Water Branch Water Division (3WD40) U.S. EPA Region 3 304-234-0248 1 DATE DRAF'T PREP'D MAJOR 03/30/21 PN DATE DATE E-MAILED TO PIO SEND DRAFT TO EPA YES NO SEND DRAFT TO ORSANCO YES NO DATE RECEIVED AFFIDAVIT ON PN WV DNR FACILITY NAME Ryan WV0112500 ENGINEER PERMIT NO. Grant COUNTY PN UP-30 DAYS PROCESSING 04/29/21 COMMENTS RECEIVED DATE DRAF'T PREP'D MAJOR PN DATE DATE E-MAILED TO PIO SEND DRAFT TO EPA YES NO SEND DRAFT TO ORSANCO YES NO DATE RECEIVED AFFIDAVIT ON PN FACILITY NAME ENGINEER PERMIT NO. COUNTY COMMENTS RECEIVED PN UP-30 DAYS PROCESSING MINOR MINOR Devereux, Lori K To: Subject: Attachments: ads@grantcountypress.com Class I Legal Ad L-30-21.rtf; SFB-for billing purpose only.pdf If you could verify receipt of request I would Greatly Appreciate it. Thanks To Whom It May Concern: Please publish the attached public notice as class I legal advertisement on Tuesday March 30, 2021 Send the affidavit of publication and invoice to: WV DNR PO Box 67 Elkins, WV 26241 (SFB is attached) The statement of billing is enclosed. Please send a copy of the affidavit Lori Devereux, Division of Water and Waste Management, 601 57th Street, SE, Charleston, WV 25304. Lori. K. Devereux Environmental Resource Associate Dept. of Environmental Protection Division of Water and Waste MGMT 601 57th St SE Charleston, WV 25304 Phone(304)926-0499 x 43863 Fax(304)926-0496 1 Division of Water and Waste Management 601 57th Street SE Charleston, WV 25304 Telephone Number: (304) 926-0495 Fax Number: (304) 926-0496 March 23, 2021 Harold D. Ward, Cabinet Secretary dep.wv.gov Jim Hedrick, Program Manager WV DNR PO Box 67 Elkins, WV 26241 Dear Sir or Madam: RE: WV/NPDES Permit Application No. WV0112500-Grant County Your forms for WV/NPDES Individual Permit have been found to be complete. For your information, the public notice period prescribed in Title 47, Series 10, Section 12.1.b of the West Virginia Legislative Rules issued pursuant to Chapter 22, Article 11 commences on the 30th day of March, 2021 in the Grant County Press. Within twenty (20) days after publication of the public notice, you are required to send to the Office a certificate of publication. This should be sent to: Director, Division of Water and Waste Management, DEP Permitting Section 601 57th Street, SE Charleston, WV 25304-2345 Attention: Lori Devereux Enclosed are copies of your draft permit, any required fact sheet and the public notice. If you have any questions, please do not hesitate to contact this office at 304-926-0495. Sincerely, Enclosures Lori Devereux NPDES Team Promoting a healthy environment. STATE OF WEST VIRGINIA DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER AND WASTE MANAGEMENT PUBLIC NOTICE WEST VIRGINIA DEPARTMENT OF ENVIRONMENTAL PROTECTION'S, PUBLIC INFORMATION OFFICE, 601 57TH STREET, CHARLESTON SE, WEST VIRGINIA 25304-2345 TELEPHONE: (304) 926-0440. APPLICATION FOR A WEST VIRGINIA NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM WATER POLLUTION CONTROL PERMIT Public Notice No.: L-30-21 Public Notice Date: March 30, 2021 Paper: Grant County Press The following has applied for a WV NPDES Water Pollution Control Permit for this facility or activity: Appl. No.: WV0112500 Applicant: WV DIVISION OF NATURAL RESOURCES 738 WARD ROAD PO BOX 67 ELKINS, WV 26241 Location: PETERSBURG, GRANT COUNTY Latitude: 38:55:12 Longitude: 79:05:12 Receiving Stream: Spring Run Activity: To operate and maintain a flow-through aquaculture system, holding ponds, and best management practices, and to discharge untreated aquacultural wastewater through Outlet 008, treated aquaculture wastewater from cleaning of raceways and ponds and untreated overflow through Outlet 011, and untreated storm water runoff through Outlets 009 and 010 to Spring Run of South Mill Creek of the South Branch of the Potomac River. An antidegradation review has been conducted and Tier 1 protection is provided for the uses specified in Title 47, Series 2, Section 6. Business conducted: Aquaculture Implementation: N/A On the basis of review of the application, the "Water Pollution Control Act (Chapter 22, Article 11-8(a))," and the "West Virginia Legislative Rules," the State of West Virginia will act on the above application. Any interested person may submit written comments on the draft permit and may request a public hearing by addressing such to the Director of the Division of Water and Waste Management within 30 days of the date of the public notice. Such comments or requests should be addressed to: Director, Division of Water and Waste Management, DEP ATTN: Lori Devereux, Permitting Section 601 57th Street SE Charleston, WV 25304-2345 The public comment period begins March 30, 2021 and ends April 29, 2021. Comments received within this period will be considered prior to acting on the permit application. Correspondence should include the name, address and the telephone number of the writer and a concise statement of the nature of the issues raised. The Director shall hold a public hearing whenever a finding is made, on the basis of requests, that there is a significant degree of public interest on issues relevant to the Draft Permit(s). Interested persons may contact the public information office to obtain further information. The application, draft permit and any required fact sheet may be inspected, by appointment, at the Division of Water and Waste Management Public Information Office, at 601 57th Street SE, Charleston, WV 25304-2345, between 8:00 a.m. and 4:00 p.m. on business days. STATE OF WEST VIRGINIA DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER AND WASTE MANAGEMENT 601 57TH STREET SE CHARLESTON, WV 25304-2345 NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM WATER POLLUTION CONTROL PERMIT NPDES PERMIT NO.: WV0112500 SUBJECT: Industrial Waste ISSUE DATE: EFFECTIVE DATE : EXPIRATION DATE: SUPERSEDES: Permit No. WV0112500 dated March 07, 2017 LOCATION: PETERSBURG (City) Grant (County) S. Potomac River (Drainage Basin) See the next page for a list of Outlets. TO WHOM IT MAY CONCERN: This is to certify that: WV DIVISION OF NATURAL RESOURCES 738 WARD ROAD PO BOX 67 ELKINS, WV 26241 is hereby granted a West Virginia NPDES Water Pollution Control Permit to: operate and maintain a flow-through aquaculture system, holding ponds, and best management practices and discharge untreated aquaculture wastewater through Outlet 008, treated aquaculture wastewater from cleaning of raceways and ponds and untreated overflow through Outlet 011 and untreated storm water runoff through Outlets 009 & 010 to Spring Run of South Mill Creek of the South Branch of the Potomac River. This permit is subject to the following terms and conditions : The information submitted on, and with, Permit Application No. WV0112500, dated the 11th day of December 2021, is all hereby made terms and conditions of this Permit with like effect as if all such permit application information were set forth herein and with other conditions set forth in Sections A, B, C, D and Appendix A. The validity of this permit is contingent upon the payment of the applicable annual permit fee, as required by Chapter 22, Article 11, Section 10 of the Code of West Virginia. Inspectable Unit Latitude 008 3855'11" 009 3855'11" 010 3855'11" 011 3855'13" Longitude Receiving Stream 7905'08" 7905'08" 7905'08" 7905'10" SPRING RN SPRING RN SPRING RN SPRING RN Page No. : 2 of 17 Permit No. : WV0112500 Dist. to Stream Mouth (in Mile) Milepost 1.64 N/A 1.72 N/A 1.55 N/A 1.6 N/A A.008 DISCHARGE LIMITATIONS AND MONITORING REQUIREMENTS: Permit Limits During the period beginning Effective Date of Permit and lasting through midnight Expiration Date of Permit the permittee is authorized to discharge from Outlet Number(s) 008 (Process Water) Such discharges shall be limited and monitored by the permittee as specified below: Effluent Characteristic Quantity Discharge Limitations Units Other Units 50050 - (Flow,in Conduit or thru plant) Rpt Only N/A Mill. Galls/Mon N/A Rpt Only (Year Round) (ML-1) (RF-A) Monthly Total Avg. Monthly Rpt Only Max. Daily Units mgd Monitoring Requirements Measurement Frequency Sample Type 1/daily measured 00310 - (BOD, 5-Day 20 Deg.C) (Year Round) (ML-1) (RF-A) 65.1 Avg. Monthly 141.2 Max. Daily Lbs/Day N/A 30 Avg. Monthly 60 Max. Daily mg/l 1/month 8 hr comp 00530 - (Total Suspended Solids) (Year Round) (ML-1) (RF-A) 65.1 Avg. Monthly 141.2 Max. Daily Lbs/Day N/A 30 Avg. Monthly 60 Max. Daily mg/l 1/month 8 hr comp 00400 - (pH) (Year Round) (ML-1) (RF-A) N/A N/A N/A 6 N/A 9 S.U. Inst. Min. Inst. Max. 1/month Grab 00300 - (Dissolved Oxygen) (Year Round) (ML-1) (RF-A) N/A N/A N/A 6 N/A N/A mg/l Inst. Min. 1/month Grab 00610 - (Ammonia Nitrogen) (Year Round) (ML-1) (RF-A) 12.9 Avg. Monthly 25.7 Max. Daily Lbs/Day N/A 5.93 11.86 Avg. Monthly Max. Daily mg/l 1/month 8 hr comp 00620 - (Nitrogen Nitrate) (Year Round) (ML-1) (RF-A) N/A N/A N/A N/A Rpt Only Rpt Only mg/l Avg. Monthly Max. Daily 1/month 8 hr comp 00615 - (Nitrogen Nitrite) (Year Round) (ML-1) (RF-A) N/A N/A N/A N/A Rpt Only Rpt Only mg/l Avg. Monthly Max. Daily 1/month 8 hr comp Samples taken in compliance with the monitoring requirements specified above shall be taken at the following location(s): Untreated wastewater from round rearing ponds. Refer to Section D for nitrogen and phosphorus requirements. This discharge shall comply with Appendix A - I MANAGEMENT CONDITIONS I - 12. Page No.: 3 of 17 Permit No.: WV0112500 A.008 DISCHARGE LIMITATIONS AND MONITORING REQUIREMENTS: Permit Limits During the period beginning Effective Date of Permit and lasting through midnight Expiration Date of Permit the permittee is authorized to discharge from Outlet Number(s) 008 (Process Water) Such discharges shall be limited and monitored by the permittee as specified below: Effluent Characteristic Quantity Discharge Limitations Units Other Units 00600 - (Nitrogen, Total (as N)) Rpt Only N/A Lbs/Month N/A Rpt Only (Year Round) (ML-1) (RF-A) Monthly Total Avg. Monthly Rpt Only Max. Daily Units mg/l Monitoring Requirements Measurement Frequency Sample Type 2/month 8 hr comp 00600 - (Nitrogen, Total (as N)) (Year Round) (ML-1) (RF-D) N/A 10000 Lbs/Year N/A N/A N/A N/A Annual Total 1/year Calculated 00665 - (Phosphorus, Total) (Year Round) (ML-1) (RF-D) N/A 1000 Lbs/Year N/A N/A N/A N/A Annual Total 1/year Calculated 00665 - (Phosphorus, Total) (Year Round) (ML-1) (RF-A) Rpt Only Monthly Total N/A Lbs/Month N/A Rpt Only Avg. Monthly Rpt Only Max. Daily mg/l 2/month 8 hr comp 01119 - (Copper, Total Recoverable) N/A N/A N/A N/A Rpt Only Rpt Only mg/l (Year Round) (ML-1) (RF-A) Avg. Monthly Max. Daily 1/month 8 hr comp 01094 - (Zinc, Total Recoverable) N/A N/A N/A N/A Rpt Only Rpt Only mg/l (Year Round) (ML-1) (RF-A) Avg. Monthly Max. Daily 1/month 8 hr comp 01104 - (Aluminum, Total Recoverable) N/A N/A N/A N/A Rpt Only Rpt Only mg/l (Year Round) (ML-1) (RF-A) Avg. Monthly Max. Daily 1/month 8 hr comp Samples taken in compliance with the monitoring requirements specified above shall be taken at the following location(s): Untreated wastewater from round rearing ponds. Refer to Section D for nitrogen and phosphorus requirements. This discharge shall comply with Appendix A - I MANAGEMENT CONDITIONS I - 12. Page No.: 4 of 17 Permit No.: WV0112500 A.009 DISCHARGE LIMITATIONS AND MONITORING REQUIREMENTS: Permit Limits During the period beginning Effective Date of Permit and lasting through midnight Expiration Date of Permit the permittee is authorized to discharge from Outlet Number(s) 009 (Storm Water Runoff) Such discharges shall be limited and monitored by the permittee as specified below: Effluent Characteristic Quantity Discharge Limitations Units Other Units 50050 - (Flow,in Conduit or thru plant) N/A N/A N/A N/A Rpt Only (Year Round) (ML-1) (RF-C) Avg. Monthly Rpt Only Max. Daily Units mgd Monitoring Requirements Measurement Frequency Sample Type 1/6 months Estimated 00530 - (Total Suspended Solids) N/A N/A N/A N/A Rpt Only Rpt Only mg/l 1/6 months (Year Round) (ML-1) (RF-C) Avg. Monthly Max. Daily Grab 00400 - (pH) (Year Round) (ML-1) (RF-C) N/A N/A N/A Rpt Only N/A Rpt Only S.U. 1/6 months Inst. Min. Inst. Max. Grab 00980 - (Iron, Total Recoverable) (Year Round) (ML-1) (RF-C) N/A N/A N/A N/A Rpt Only Rpt Only mg/l 1/6 months Avg. Monthly Max. Daily Grab Samples taken in compliance with the monitoring requirements specified above shall be taken at the following location(s): Untreated storm water runoff. This discharge shall comply with Appendix A - I MANAGEMENT CONDITIONS I - 12. Page No.: 5 of 17 Permit No.: WV0112500 A.010 DISCHARGE LIMITATIONS AND MONITORING REQUIREMENTS: Permit Limits During the period beginning Effective Date of Permit and lasting through midnight Expiration Date of Permit the permittee is authorized to discharge from Outlet Number(s) 010 (Storm Water Runoff) Such discharges shall be limited and monitored by the permittee as specified below: Effluent Characteristic Quantity Discharge Limitations Units Other Units 50050 - (Flow,in Conduit or thru plant) N/A N/A N/A N/A Rpt Only (Year Round) (ML-1) (RF-C) Avg. Monthly Rpt Only Max. Daily Units mgd Monitoring Requirements Measurement Frequency Sample Type 1/6 months Estimated 00530 - (Total Suspended Solids) N/A N/A N/A N/A Rpt Only Rpt Only mg/l 1/6 months (Year Round) (ML-1) (RF-C) Avg. Monthly Max. Daily Grab 00400 - (pH) (Year Round) (ML-1) (RF-C) N/A N/A N/A Rpt Only N/A Rpt Only S.U. 1/6 months Inst. Min. Inst. Max. Grab 00980 - (Iron, Total Recoverable) (Year Round) (ML-1) (RF-C) N/A N/A N/A N/A Rpt Only Rpt Only mg/l 1/6 months Avg. Monthly Max. Daily Grab Samples taken in compliance with the monitoring requirements specified above shall be taken at the following location(s): Untreated storm water runoff. This discharge shall comply with Appendix A - I MANAGEMENT CONDITIONS I - 12. Page No.: 6 of 17 Permit No.: WV0112500 A.011 DISCHARGE LIMITATIONS AND MONITORING REQUIREMENTS: Permit Limits During the period beginning Effective Date of Permit and lasting through midnight Expiration Date of Permit the permittee is authorized to discharge from Outlet Number(s) 011 (Process Water) Such discharges shall be limited and monitored by the permittee as specified below: Effluent Characteristic Quantity Discharge Limitations Units Other Units 50050 - (Flow,in Conduit or thru plant) Rpt Only N/A Mill. Galls/Mon N/A Rpt Only (Year Round) (ML-1) (RF-A) Monthly Total Avg. Monthly Rpt Only Max. Daily Units mgd Monitoring Requirements Measurement Frequency Sample Type 1/daily measured 00310 - (BOD, 5-Day 20 Deg.C) (Year Round) (ML-1) (RF-A) 1254 Avg. Monthly 2507 Max. Daily Lbs/Day N/A 30 Avg. Monthly 60 Max. Daily mg/l 1/month 8 hr comp 00530 - (Total Suspended Solids) (Year Round) (ML-1) (RF-A) 1254 Avg. Monthly 2507 Max. Daily Lbs/Day N/A 30 Avg. Monthly 60 Max. Daily mg/l 1/month 8 hr comp 00400 - (pH) (Year Round) (ML-1) (RF-A) N/A N/A N/A 6 N/A 9 S.U. Inst. Min. Inst. Max. 1/month Grab 00300 - (Dissolved Oxygen) (Year Round) (ML-1) (RF-A) N/A N/A N/A 6 N/A N/A mg/l Inst. Min. 1/month Grab 00610 - (Ammonia Nitrogen) (Year Round) (ML-1) (RF-A) 248 Avg. Monthly 496 Max. Daily Lbs/Day N/A 5.93 11.86 Avg. Monthly Max. Daily mg/l 1/month 8 hr comp 00620 - (Nitrogen Nitrate) (Year Round) (ML-1) (RF-A) N/A N/A N/A N/A 10 29.2 mg/l Avg. Monthly Max. Daily 1/month 8 hr comp 00615 - (Nitrogen Nitrite) (Year Round) (ML-1) (RF-A) N/A N/A N/A N/A 0.03 0.06 mg/l Avg. Monthly Max. Daily 1/month 8 hr comp Samples taken in compliance with the monitoring requirements specified above shall be taken at the following location(s): Treated wastewater from round & square rearing pond and raceways. An eight(8) hour composite sample for Outlet No. 011 shall be taken during the decant of the batch clarifier supernate corresponding to the weekly cleanings of raceways and ponds. This discharge shall comply with Appendix A - I MANAGEMENT CONDITIONS I - 12. Page No.: 7 of 17 Permit No.: WV0112500 A.011 DISCHARGE LIMITATIONS AND MONITORING REQUIREMENTS: Permit Limits During the period beginning Effective Date of Permit and lasting through midnight Expiration Date of Permit the permittee is authorized to discharge from Outlet Number(s) 011 (Process Water) Such discharges shall be limited and monitored by the permittee as specified below: Effluent Characteristic Quantity Discharge Limitations Units Other Units 00600 - (Nitrogen, Total (as N)) Rpt Only N/A Lbs/Month N/A Rpt Only (Year Round) (ML-1) (RF-A) Monthly Total Avg. Monthly Rpt Only Max. Daily Units mg/l Monitoring Requirements Measurement Frequency Sample Type 2/month 8 hr comp 00600 - (Nitrogen, Total (as N)) (Year Round) (ML-1) (RF-D) N/A 55480 Lbs/Year N/A N/A N/A N/A Annual Total 1/year Calculated 00665 - (Phosphorus, Total) (Year Round) (ML-1) (RF-A) Rpt Only Monthly Total N/A Lbs/Month N/A Rpt Only Avg. Monthly Rpt Only Max. Daily mg/l 2/month 8 hr comp 00665 - (Phosphorus, Total) (Year Round) (ML-1) (RF-D) N/A 5548 Lbs/Year N/A N/A N/A N/A Annual Total 1/year Calculated 01119 - (Copper, Total Recoverable) N/A N/A N/A N/A Rpt Only Rpt Only mg/l (Year Round) (ML-1) (RF-A) Avg. Monthly Max. Daily 1/month 8 hr comp 01094 - (Zinc, Total Recoverable) N/A N/A N/A N/A Rpt Only Rpt Only mg/l (Year Round) (ML-1) (RF-A) Avg. Monthly Max. Daily 1/month 8 hr comp 01104 - (Aluminum, Total Recoverable) N/A N/A N/A N/A Rpt Only Rpt Only mg/l (Year Round) (ML-1) (RF-A) Avg. Monthly Max. Daily 1/month 8 hr comp Samples taken in compliance with the monitoring requirements specified above shall be taken at the following location(s): Treated wastewater from round & square rearing pond and raceways. An eight(8) hour composite sample for Outlet No. 011 shall be taken during the decant of the batch clarifier supernate corresponding to the weekly cleanings of raceways and ponds. This discharge shall comply with Appendix A - I MANAGEMENT CONDITIONS I - 12. Page No.: 8 of 17 Permit No.: WV0112500 A.101 DISCHARGE LIMITATIONS AND MONITORING REQUIREMENTS: Permit Limits During the period beginning Effective Date of Permit and lasting through midnight Expiration Date of Permit the permittee is authorized to discharge from Outlet Number(s) 101 (Process Water, Other) Such discharges shall be limited and monitored by the permittee as specified below: Effluent Characteristic Quantity Discharge Limitations Units Other Units 45603 - (Fish Feed Used) N/A Rpt Only Lbs/Month N/A N/A N/A (Year Round) (ML-N/A) (RF-A) Monthly Total Total pounds of fish feed used per month 45604 - (Biomass, Fish) N/A Rpt Only Lbs/Month N/A N/A N/A (Year Round) (ML-N/A) (RF-A) Monthly Total Total pounds of fish produced per month Units N/A N/A Monitoring Requirements Measurement Frequency Sample Type 1/month measured 1/month measured Samples taken in compliance with the monitoring requirements specified above shall be taken at the following location(s): Outlet 101, internal outlet solely for reporting total annual aquatic animal's produced (in lbs) and the maximum feed rate during each calendar month (in lbs) determine applicability of CAAP regulations 40 CFR 451 / 47 CSR 10-13.2). Page No.: 9 of 17 Permit No.: WV0112500 Page No.: 10 of 17 Permit No.: WV0112500 B. SCHEDULE OF COMPLIANCE 1. The permitee shall achieve compliance with the provisions for waste treatment and the monitoring requirements specified in the permit in accordance with the following schedule : Effective date of permit. 2. Reports of compliance or non-compliance with, and progress reports on interim and final requirements contained in the above compliance schedule, if any, shall be postmarked no later than 14 days following each schedule date. Page No.: 11 of 17 Permit No.: WV0112500 Section C - Other Requirements 01. The permittee shall practice good housekeeping including maintaining the facility grounds. There shall be no scattered parts, equipment, debris, etc. Any and all drums shall be either stored in a covered area or kept upon pallets and properly sealed. 02. The issuance of this permit shall not relieve the permittee of the obligation to comply with any other federal, state or local laws. Compliance with this permit does not relieve the permittee from the obligation of Section 311 of the Clean Water Act. This permit does not authorize spills of hazardous substances/wastes from any permitted outlet into waters of the State. Such incidents are to be reported in accordance with Sections IV.1 and IV.2 of Appendix A of this permit. 03. Upon review of information submitted under terms and conditions of this permit, the permit may be modified to require additional effluent limitations/monitoring requirements and/or improved best management practices. 04. The permittee shall notify the Division of Water and Waste Management immediately when it becomes aware of any migration of any pollutant from any unpermitted source (such as contaminated groundwater and/or storm water) into surface waters of the State. 05. Without prior approval from the agency, the permittee shall not accept and treat wastewater from any other facility. 06. The permittee shall submit each month according to the enclosed format, a Discharge Monitoring Report (DMR) indicating in terms of concentration and/or quantities the values of the constituents listed in Section A analytically determined to be in the plant effluent(s). Additional information pertaining to effluent monitoring and reporting can be found in Section III of Appendix A. 07. The required DMRs shall be received by the agency no later than 25 days following the end of the reporting period in accordance with the following requirements. The agency encourages the permittee to utilize our electronic discharge monitoring report (eDMR) system. If the permittee uses the eDMR system, the permittee is not required to submit hard copies of the DMRs to the addresses listed below. However, if the permittee elects to not use the eDMR system, then the permittee is required to send hard copies to the addresses below. The permittee may contact the agency for more information about the eDMR system. Regardless, in accordance with Appendix A, Section III.6 of this permit, the permittee shall maintain copies of DMRs (either hard copies or electronic copies) at the plant site and the DMRs shall be made readily available upon request from DEP personnel. Director Division of Water and Waste Management 601 57th Street SE Charleston, West Virginia 25304 Attention: Permitting Section Department of Environmental Protection Environmental Enforcement HC 63, Box 2545 Romney, West Virginia 26757 08. In conjunction with all other reporting requirements of this permit, copies of all future correspondence regarding this permit will be forwarded to the Environmental Inspector and Environmental Inspector Supervisor at the following address: Department of Environmental Protection Environmental Enforcement 22288 Northwestern Pike Romney, West Virginia 26757 09. Any "not detected (ND)" results by the permittee must be "ND" at the method detection limit (MDL) for the test method used for that parameter and must be reported as less than the MDL used. The permittee may not report the result as zero, "ND", or report the result as less than a minimum level (ML), reporting limit (RL), or practical quantitation limit (PQL). When averaging values of analytical results for DMR reporting purposes for monthly averages, the permittee should use actual analytical results when these results are greater than or equal to the MDL and should use zero (0) when these results are less than the MDL. If all analytical results are non-detect at the MDL (<MDL), then the permittee should use the actual MDL in the calculation for averaging and report the result as less than the average calculation. Page No.: 12 of 17 Permit No.: WV0112500 Section C - Other Requirements 10. In incidences where a specific test method is not defined, the permittee shall utilize an EPA approved method with a method detection limit (MDL) sensitive enough to confirm compliance with the permit effluent limit for that parameter. If a MDL is not sensitive enough to confirm compliance, the most sensitive approved method must be used. If a more sensitive EPA approved method becomes available, that method shall be used. Should the current and/or new method not be sensitive enough to confirm compliance with the permitted effluent limit, analytical results reported as "not detected" at the MDL of the most sensitive method available will be deemed compliant for purposes of permit compliance. Results shall be reported on the Discharge Monitoring Reports as a numeric value less than the MDL. 11. The permittee shall not use alternate DMRs without prior approval from this Agency. 12. The Groundwater Protection Plan (GPP) and Storm Water Pollution Prevention Plan (SWPPP) shall be maintained at the facility site and shall be available for inspection by the Division of Water and Waste Management personnel. 13. The Best Management Practice (BMP) Plan (as required by 40CFR451), titled "Spring Run State Fish Hatchery, Best Management Practices", updated 11/16/2020 and "Nutrient Management Plan Identification", written 1/4/2018, shall be implemented and maintained at the site and shall be available for inspection by the Division of Water and Waste Management personnel. 14. The following storm water requirements apply to Outlet 009 and Outlet 010: a. Samples shall be collected from the discharge resulting from a storm event that is greater than 0.1 inches in magnitude and that occurs at least 72 hours from the previously measurable (greater than 0.1 inch rainfall) storm event. Samples shall be taken during the first thirty (30) minutes, or as soon thereafter as practicable, of the storm event. b. Each outlet shall be monitored separately. c. Pollutant Benchmark Value ----------------------------------------------------- Total Suspended Solids 100 mg/l pH 6.0 to 9.0 S.U. Iron 1.5 mg/l When the concentration results from a minimum of four consecutive samples of a pollutant are all less than the corresponding benchmark value for the pollutant, additional monitoring for the pollutant is not required (all pH values of the samples must be within the range 6.0 to 9.0 S.U.). The facility shall submit, each year, to the Division of Water and Waste Management, in lieu of the monitoring data, a certification (form will be provided upon request) that there has not been a significant change in the industrial activity or the pollution prevention measures in the area of the facility that drains to the outlet for which sampling is to be waived. If the concentration of a pollutant exceeds the corresponding benchmark concentration or a pH value is not within the range of 6.0 to 9.0 S.U., monitoring shall be continued and storm water pollution prevention practices shall be revised and implemented. A letter stating the revised and implemented storm water pollution prevention practices shall be submitted to the Division of Water and Waste Management at the address listed in Section C.07. 15. If there is evidence indicating potential or realized impacts on water quality due to any storm water discharge associated with industrial activity covered by this permit, the permit may be promptly modified and/or reissued to include effluent limitations and/or other requirements to control such storm water discharges. 16. The sludge generated at the permittee's facility shall be land applied in accordance with the requirements of the West Virginia Department of Agriculture. 17. Sampling requirements for total nitrogen and total phosphorus at Outlets 008 and 011 shall be performed in accordance with Sections D.02.c and D.02.d of this permit. The sampling requirements for the rest of the pollutants listed in Section A.008 and A.011 shall be performed during raceway cleaning. Eight (8) hour composite samples shall be obtained at Outlet 001 as prescribed in Sections A.008 and A.011. For Outlet 011, eight (8) hour composite samples shall be collected during decanting of the batch clarifier as a result of cleaning operations of the aquaculture raceways and ponds. Page No.: 13 of 17 Permit No.: WV0112500 Section C - Other Requirements 18. If any portion of the Permittee's discharge that is identified as being subject to Federal Effluent Guideline(s) and the new or revised requirements of the Federal Effluent Guideline(s) are not currently in this permit, the Director may reopen or reissue this permit to incorporate additional, more stringent requirements or limitations. 19. If the permittee participates in the Investigational New Animal Drug (INAD) program, the permittee shall notify the Division of Water and Waste Management in accordance with 40 CFR 451.3(a). 20. Any structural damage of the aquatic animal containment system or spill of drugs, pesticides or feed that result in a discharge to waters of the state, the permittee shall report to the Division in accordance with 40 CFR 451.3(b) and 40 CFR 451.3(c) respectfully. 21. The Materials Safety Data Sheet (MSDS) for Halamid Aqua indicates a minimum LC50 of 31 mg/l for poecilia reticulata and therefore, to be protective of narrative water quality criteria, at no time shall the concentration of the product or its residuals exceed 3.1 mg/l at any outlet. In addition, the permittee may use the following treatment chemicals (or their formulational equivalents) in its processes: Oxytetracycline Hydrogen Peroxide Chorulon Sulfadimethoxide-ormetorprin Tricaine-S Florfenicol Formalin Romet 30 Chloramin-T The permittee shall use each chemical per the manufacturer's directions. At no time shall the concentration of any product or its residuals exceed 1/10th of its minimum freshwater fish/invertebrate LC50 (if established) for non-bioaccumulative products or 1/100th of its minimum freshwater fish/invertebrate LC50 (if established) for bioaccumulative products at any outlet. Page No.: 14 of 17 Permit No.: WV0112500 Section D - Nutrient Requirements 01. The permittee discharges to Spring Run, which is a tributary to the Potomac River Basin, which is a tributary to the Chesapeake Bay. In accordance with the EPA Chesapeake Bay TMDL, the following requirements apply to the permittee. The Chesapeake Bay Total Maximum Daily Load (TMDL) and the West Virginia Watershed Implementation Plan provide individual total nitrogen and total phosphorous aggregate wasteload allocations of 65,480 pounds per year and 6,548 pounds per year respectively. 02. Permit limitations for total nitrogen and total phosphorous are being implemented on an Annual Total Load basis. The Annual Total Load Limitations shall be attained in accordance with the following: a. The Division recognizes there is not an EPA approved method to directly test for Total Nitrogen. The Total Nitrogen value to be reported on the permittee's Discharge Monitoring Reports (DMRs) shall be the sum of the following parameters; Total Kjeldahl Nitrogen, Nitrate, and Nitrite. 1) If all three (3) constituents of total nitrogen are not detected at their method detection limit (MDL), the permittee shall sum the actual MDLs for each constituent and report the result as less than the calculation. 2) When calculating the sum of the constituents for total nitrogen, the permittee shall use actual analytical results when these results are greater than or equal to the MDL for a particular constituent and should use zero (0) for a constituent if one or two of the constituents are less than the MDL. b. Effluent monitoring for the following pollutants shall be conducted using the most sensitive methods and detection levels commercially available and economically feasible. The following methods and detection levels are recommended to be used unless the permittee desires to use an EPA Approved Method with a lower detection level: Parameter ----------------------Total Kjeldahl Nitrogen Nitrate Nitrogen Nitrite Nitrogen Total Phosphorous EPA Method No. -------------- 351.4 300.0 300.0 365.4 Method Detection Limit (mg/l) ----------------------------- 0.03 0.002 0.004 0.01 Any "not detected (ND)" results by the permittee must be "ND" at the method detection limit (MDL) for the test method used for that parameter and must be reported as less than the MDL used (See also Section 2.a for Total Nitrogen). The permittee may not report the result as zero, "ND", or report the result as less than a minimum level (ML), reporting limit (RL), or practical quantitation limit (PQL). c. The permittee shall collect eight (8) hour composite samples for total phosphorous and for each constituent of total nitrogen. All sampling shall be collected concurrently and shall be representative of normal operations. The permittee shall sample for total phosphorous and for each constituent of total nitrogen twice per month (2/month) with one sample being taken during the raceway cleaning period and one during the non raceway cleaning period. Page No.: 15 of 17 Permit No.: WV0112500 Section D - Nutrient Requirements 02. d. The actual total (not the average) monthly flow during the raceway cleaning days and actual total flow during the non-raceway cleaning days shall be used in conjunction with the corresponding total nitrogen and total phosphorous concentration results in order to determine the total monthly mass results for DMR reporting purposes. The total flow discharged during the raceway cleaning days is the sum of the daily flow in million gallons per day during the days in a month when the raceways were cleaned. The total flow discharged during the non-raceway cleaning days is the sum of the daily flow in million gallons per day during the days in a month when the raceways were not cleaned. [Total Flow Discharged during raceway cleaning days in a Month (mgd)] * [Average Monthly Nutrient Concentration during raceway cleaning days(mg/l)] * [8.34] + [Total Flow Discharged during non-raceway cleaning days in a Month (mgd)] * [Average Monthly Nutrient Concentration during non-raceway cleaning days(mg/l)] * [8.34] = Monthly Load (lbs/month) e. The sum of total monthly mass results for total nitrogen and total phosphorous shall not exceed the following annual mass limitations for any year. . Parameter ----------------Total Nitrogen Total Phosphorous Outlet 008 Annual Total Load Limit ----------------------- 10,000 lbs/yr 1,000 lbs/yr . Parameter ----------------Total Nitrogen Total Phosphorous Outlet 011 Annual Total Load Limit ----------------------- 55,480 lbs/yr 5,548 lbs/yr f. As a guideline, the permittee for Outlet No. 008 shall measure its monthly performance to determine if operations will achieve the annual total load limits. If the total monthly load exceeds 833 lbs/month for nitrogen or 83 lbs/month for phosphorous, the permittee shall submit written documentation which explains the elevated monthly totals and the rationale for ensuring that the annual loads will still be achieved in future months. As a guideline, the permittee for Outlet No. 011 shall measure its monthly performance to determine if operations are achieving the annual total load limits. If the total monthly load exceeds 4,623 lbs/month for nitrogen or 462 lbs/month for phosphorous, the permittee shall submit written documentation which explains the elevated monthly totals and the rationale for ensuring that the annual loads will still be achieved in future months. 03. Expansion of the wastewater treatment plant beyond annual total load limits in D.2.e shall require the permittee to obtain offsets. Said offsets shall be submitted to the Director for approval, and the permit subsequently modified prior to any expansion. a. At present, no trading or offset program has been established by the state. Proposals will continue to be evaluated on a case-by-case basis until a trading and/or offset program has been established. 04. The annual monitoring period for total nitrogen and total phosphorous is prescribed as July 1st through June 30th of each year. As such, the permittee shall report the total annual mass load for total nitrogen and total phosphorous based on monthly totals from July 1st through June 30th on its June DMR. 05. The permittee shall submit an annual report on, or before, August 1 each year which summarizes the following information. a. The permittee shall summarize the previous year's nutrient data. This may be accomplished in letter form and shall include all calculations of the year's mass loadings reported. In general, this report shall include a table depicting the monthly loadings discharged for the previous year as well as an assessment of compliance with the nitrogen and phosphorus annual limitations in Sections A.008 and A.011. Page No.: 16 of 17 Permit No.: WV0112500 Section D - Nutrient Requirements 05. b. For the purpose of this condition, a year is defined as July 1st through June 30th. Page No.: 17 of 17 Permit No.: WV0112500 The herein-described activity is to be extended, modified, added to, made, enlarged, acquired, constructed or installed, and operated, used and maintained strictly in accordance with the terms and conditions of this permit, with the plans and specifications submitted with Permit Application No. WV0112500; with the plan of maintenance and method of operation thereof submitted with such application(s); and with any applicable rules and regulations promulgated by the Environmental Quality Board and the Secretary of the Department of Environmental Protection. Failure to comply with the terms and conditions of this permit, with the plans and specifications submitted with Permit Application No. WV0112500; and with the plan of maintenance and method of operation thereof submitted with such application(s) shall constitute grounds for the revocation or suspension of this permit and the invocation of all the enforcement procedures set forth in Chapter 22, Article 11, or 15 of the Code of West Virginia. This permit is issued in accordance with the provisions of Chapter 22, Article 11 and 12 and/or 15 of the Code of West Virginia and is transferable under the terms of Section 11 of Article 11. ___________________________ Katheryn Emery, P.E., Acting Director Appendix A I. MANAGEMENT CONDITIONS: 1. Duty to Comply a) The permittee must comply with all conditions of this permit. Permit noncompliance constitutes a violation of the CWA and State Act and is grounds for enforcement action; for permit modification, revocation and reissuance, suspension or revocation; or for denial of a permit renewal application. b) The permittee shall comply with all effluent standards or prohibitions established under Section 307(a) of the CWA for toxic pollutants within the time provided in the regulations that establish these standards or prohibitions, even if the permit has not yet been modified to incorporate the requirement. 2. 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 at least 180 days prior to expiration of the permit. 3. Duty to Mitigate The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this permit, which has a reasonable likelihood of adversely affecting human health or the environment. 4. Permit Actions This permit may be modified, revoked and reissued, suspended, or revoked for cause. The filing of a request by the permittee for permit modification, revocation and reissuance, or revocation, or a notification of planned changes or anticipated noncompliance, does not stay any permit condition. 5. Property Rights This permit does not convey any property rights of any sort or any exclusive privilege. 6. Signatory Requirements All applications, reports, or information submitted to the Director shall be signed and certified as required in Title 47, Series 10 , Section 4.6 of the West Virginia Legislative Rules. 7. Transfers This permit is not transferrable to any person except after notice to the Director. The Director may require modification or revocation and reissuance of the permit to change the name of the permittee and incorporate such other requirements as may be necessary. 8. Duty to Provide Information The permittee shall furnish to the Director, within a reasonable specified time, any information which the Director may request to determine whether cause exists for modifying, revoking and reissuing, suspending, or revoking this permit, or to determine compliance with this permit. The permittee shall also furnish to the Director, upon request, copies of records required to be kept by this permit. 9. Other Information Where the permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or information. 10. Inspection and Entry The permittee shall allow the Director, or an authorized representative, upon the presentation of credentials and other documents as may be required by law, to: a) Enter upon the permittee's premises in which an effluent source or activity is located, or where records must be kept under the conditions of this permit; b) Have access to and copy at reasonable times, any records that must be kept under the conditions of this permit; c) Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and d) Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the State Act, any substances or parameters at any location. 11. Permit Modification This permit may be modified, suspended, or revoked in whole or in part during its term in accordance with the provisions of Chapter 22-11-12 of the Code of West Virginia. 12. Water Quality This discharge shall not cause or materially contribute to: distinctly visible floating or settable solids, suspended solids, scum, foam or oily slicks; deposits or sludge bank on the bottom; odors in the vicinity of the waters; taste or odor that would adversely affect the designated uses of the affected waters; distinctly visible color which may impair or interfere with the designated uses of the affected waters; and shall not cause a fish or mussel kill. The limitations and conditions in this permit for the discharges identified in this permit are limitations and conditions that are necessary to meet applicable West Virginia water quality standards, Requirements Governing Water Quality Standards 47 CSR 2. 13. Outlet Markers A permanent marker at the establishment shall be posted in accordance with Title 47, Series 11, Section 9 of the West Virginia Legislative Rules. 14. Liabilities a) Any person who violates a permit condition implementing sections 301, 302, 306, 307, 308, 318, or 405 of the Clean Water Act is subject to a civil penalty not to exceed $25,000 per day of such violation. Any person who willfully or negligently violates permit conditions implementing sections 301, 302, 306, 307, 308 or 405 of the Clean Water Act is subject to a fine of not less than $2,500 nor more than $25,000 per day of violation, or by imprisonment for not more than 1 year, or both. b) Any person who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than 2 years, or by both. c) Any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than 2 years, or by both. d) Nothing in I.14 a), b), and c) shall be construed to limit or prohibit any other authority the Director may have under the State Water Pollution Control Act, Chapter 22, Article 11. II. OPERATION AND MAINTENANCE: 1. Proper Operation and Maintenance The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls, and appropriate quality assurance procedures. Unless otherwise required by Federal or State law, this provision requires the operation of back-up auxiliary facilities or similar systems which are installed by the permittee only when the operation is necessary to achieve compliance with the conditions of the permit. For domestic waste treatment facilities, waste treatment operators as classified by the WV Bureau of Public Health Laws, W. Va. Code Chapter 16-1, will be required except that in circumstances where the domestic waste treatment facility is receiving any type of industrial waste, the Director may require a more highly skilled operator. 2. Need to Halt or Reduce Activity Not a Defense It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of the permit. 3. Bypass a) b) c) d) Definitions (1) "Bypass" means the intentional diversion of waste streams from any portion of a treatment facility; and (2) "Severe property damage" means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. Bypass not exceeding limitations. The permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provision of II.3.c) and II.3.d) of this permit. (1) If the permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten (10) days before the date of the bypass; (2) If the permittee does not know in advance of the need for bypass, notice shall be submitted as required in IV.2.b) of this permit. Prohibition of bypass (1) Bypass is permitted only under the following conditions, and the Director may take enforcement action against a permittee for a bypass, unless; (A) Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage; (B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgement to prevent a bypass which occurred during normal periods of equipment downtime or preventative maintenance; and (C) The permittee submitted notices as required under II.3.c) of this permit. (2) The Director may approve an anticipated bypass, after considering its adverse effects, if the Director determines that it will meet the three conditions listed in II.3.d.(1) of this permit. 4. Upset a) b) c) d) Definition. "Upset" means an exceptional incident in which there is unintentional and temporary noncompliance with technology-based permit effluent limitations because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventative maintenance, or careless or improper operation. Effect of an upset. An upset constitutes an affirmative defense to an action brought for noncompliance with such technology-based permit effluent limitation if the requirements of II.4.c) are met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. Conditions necessary for a demonstration of upset. A permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (1) An upset occurred and that the permittee can identify the cause(s) of the upset; (2) The permitted facility was at the time being properly operated; (3) The permittee submitted notice of the upset as required in IV.2.b) of this permit. (4) The permittee complied with any remedial measures required under I.3. of this permit. Burden of proof. In any enforcement proceeding the permittee seeking to establish the occurrence of an upset has the burden of proof. 5. Removed Substances Where removed substances are not otherwise covered by the terms and conditions of this permit or other existing permit by the Director, any solids, sludges, filter backwash or other pollutants (removed in the course of treatment or control of wastewaters) and which are intended for disposal within the State, shall be disposed of only in a manner and at a site subject to the approval by the Director. If such substances are intended for disposal outside the State or for reuse, i.e., as a material used for making another product, which in turn has another use, the permittee shall notify the Director in writing of the proposed disposal or use of such substances, the identity of the prospective disposer or users, and the intended place of disposal or use, as appropriate. III. MONITORING AND REPORTING 1. Representative Sampling Samples and measurements taken for the purpose of monitoring shall be representative of the monitored activity. 2. Reporting a) b) c) d) Permittee shall submit, according to the enclosed format, a Discharge Monitoring Report (DMR) indicating in terms of concentration, and/or quantities, the values of the constituents listed in Part A analytically determined to be in the plant effluent(s). DMR submissions shall be made in accordance with the terms contained in Section C of this permit. Enter reported average and maximum values under "Quantity" and "Concentration" in the units specified for each parameter, as appropriate. Specify the number of analyzed samples that exceed the allowable permit conditions in the columns labeled "N.E." (i.e., number exceeding). Specify frequency of analysis for each parameter as number of analyses/specified period (e.g.,3/month is equivalent to 3 analyses performed every calendar month). If continuous, enter "Cont.". The frequency listed on format is the minimum required. 3. Test Procedures Samples shall be taken, preserved and analyzed in accordance with the latest edition of 40 CFR Part 136, unless other test procedures have been specified elsewhere in this permit. 4. Recording of Results For each measurement or sample taken pursuant to the permit, the permittee shall record the following information. a) The date, exact place, and time of sampling or measurement; b) The date(s) analyses were performed; c) The individual(s) who performed the sampling or measurement; d) The individual(s) who performed the analyses; if a commercial laboratory is used, the name and address of the laboratory; e) The analytical techniques or methods used, and f) The results of such analyses. Information not required by the DMR form is not to be submitted to this agency, but is to be retained as required in III.6. 5. Additional Monitoring by Permittee If the permittee monitors any pollutant at any monitoring point specified in this permit more frequently than required by this permit, using approved test procedures or others as specified in this permit, the results of this monitoring shall be included in the calculation and reporting of the data submitted in the Discharge Monitoring Report Form. Such increased frequency shall also be indicated. Calculations for all limitations which require averaging of measurements shall utilize an arithmetic mean unless otherwise specified in the permit. 6. Records Retention The permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original chart recordings for continuous monitoring instrumentation, copies of all reports required by this permit, and records of all data used to complete the application for the permit, for a period of at least three (3) years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time. 7. Definitions a) b) c) d) e) f) g) h) i) j) k) l) "Daily discharge" means the discharge of a pollutant measured during a calendar day or within any specified period that reasonably represents the calendar day for purposes of sampling. For pollutants with limitations expressed in units of mass, the daily discharge is calculated as the total mass of the pollutant discharged over the day. For pollutants with limitations expressed in other units of measurement, the daily discharge is calculated as the average measurement of the pollutant over the day. "Average monthly discharge limitation" means the highest allowable average of daily discharges over a calendar month, calculated as the sum of all daily discharges measured during a calendar month divided by the number of daily discharges measured during that month. "Maximum daily discharge limitation" means the highest allowable daily discharge. "Composite Sample" is a combination of individual samples obtained at regular intervals over a time period. Either the volume of each individual sample is proportional to discharge flow rates or the sampling interval (for constant volume samples) is proportional to the flow rates over the time period used to produce the composite. The maximum time period between individual samples shall be two hours. "Grab Sample" is an individual sample collected in less than 15 minutes. "is" = immersion stabilization - a calibrated device is immersed in the effluent stream until the reading is stabilized. The "daily average temperature" means the arithmetic average of temperature measurements made on an hourly basis, or the mean value plot of the record of a continuous automated temperature recording instrument, either during a calendar month, or during the operating month if flows are of shorter duration. The "daily maximum temperature" means the highest arithmetic average of the temperatures observed for any two (2) consecutive hours during a 24 hour day, or during the operating day if flows are of shorter duration. The "monthly average fecal coliform" bacteria is the geometric average of all samples collected during the month. "Measured Flow" means any method of liquid volume measurement, the accuracy of which has been previously demonstrated in engineering practice, or which a relationship to absolute volume has been obtained. "Estimate" means to be 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. "Non-contact cooling water" means the water that is contained in a leak-free system, i.e., no contact with any gas, liquid, or solid other than the container for transport; the water shall have no net poundage addition of any pollutant over intake water levels, exclusive of approved antifouling agents. IV. OTHER REPORTING 1. Reporting Spills and Accidental Discharges Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities or penalties established pursuant to Title 47, Series 11, Section 2 of the West Virginia Legislative Rules promulgated pursuant to Chapter 22, Article 11. Attached is a copy of the West Virginia Spill Alert System for use in complying with Title 47, Series 11, Section 2 of the Legislative rules as they pertain to the reporting of spills and accidental discharges. 2. Immediate Reporting a) The permittee shall report any noncompliance which may endanger health or the environment immediately after becoming aware of the circumstances by using the Agency's designated spill alert telephone number. A written submission shall be provided within five (5) days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent recurrence of the noncompliance. b) The following shall also be reported immediately: (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 a maximum daily discharge limitation for any of the pollutants listed by the Director in the permit shall be reported immediately. This list shall include any toxic pollutant or hazardous substance, or any pollutant specifically identified as the method to control a toxic pollutant or hazardous substance. c) The Director may waive the written report on a case-by-case basis if the oral report has been received in accordance with the above. d) Compliance with the requirements of IV.2 of this section, shall not relieve a person of compliance with Title 47, Series 11, Section 2. 3. Reporting Requirements a) Planned changes. The permittee shall give notice to the Director of any planned physical alterations or additions to the permitted facility which may affect the nature or quantity of the discharge. Notice is required when: (1) The alteration or addition to a permitted facility may meet one of the criteria for determining whether a facility is a new source in Section 13.7.b of Series 10, Title 47; or (2) The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants which are subject neither to effluent limitations in the permit, nor to notification requirements under IV.2 of this section. b) Anticipated noncompliance. The permittee shall give advance notice to the Director of any planned changes in the permitted facility or activity which may result in noncompliance with permit requirements. c) In addition to the above reporting requirements, all existing manufacturing, commercial, and silvicultural discharges must notify the Director in writing as soon as they know or have reason to believe: (1) That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, or any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels": (A) One hundred micrograms per liter (100 ug/l); (B) Two hundred micrograms per liter (200 ug/l) for acrolein and acrylonitrile; five hundred micrograms per liter (500 ug/l) for 2,4-dinitro phenol; and for 2-methyl 4,6-dinitrophenol; and one milligram per liter (1 mg/l) for antimony; (C) Five (5) times the maximum concentration value reported for that pollutant in the permit application in accordance with Section 4.4.b.9 of Series10, Title 47. (D) The level established by the Director in accordance with Section 6.3.g of Series 10, Title 47; (2) That any activity has occurred or will occur which would result in any discharge (on a non-routine or infrequent basis) of a toxic which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels": (A) Five hundred micrograms per liter (500 ug/l); (B) One milligram per liter (1 mg/l) for antimony; (C) Ten (10) times the maximum concentration value reported for that pollutant in the permit application in accordance with Section 4.4.b.7 of Series 10, Title 47; (D) The level established by the Director in accordance with Section 6.3.g of Series 10, Title 47. (3) That they have begun or expect to begin to use or manufacture as an intermediate or final product or by-product of any toxic pollutant which was not reported in the permit application under Section 4.4.b.9 of Series 10, Title 47 and which will result in the discharge on a routine or frequent basis of that toxic pollutant at levels which exceed five times the detection limit for that pollutant under approved analytical procedure. (4) That they have begun or expect to begin to use or manufacture as an intermediate or final product or by-product of any toxic pollutant which was not reported in the permit application under Section 4.4.b.9 of Series 10, Title 47 and which will result in the discharge on a non-routine or infrequent basis of that toxic pollutant at levels which exceed ten times the detection limit for that pollutant under approved analytical procedure. 4. Other Noncompliance The permittee shall report all instances of noncompliance not reported under the above paragraphs at the time monitoring reports are submitted. The reports shall contain the information listed in IV.2.a). Should other applicable noncompliance reporting be required, these terms and conditions will be found in Section C of this permit. WRD 2A-82 STATE OF WEST VIRGINIA NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM DISCHARGE MONITORING REPORT Permit Limits FACILITY NAME: (Spring Run Fish Hatchery) WV DIVISION OF NATURAL RESOURCES CERTIFIED LABORATORY NAME: LOCATION OF FACILITY: PETERSBURG; Grant County PERMIT NO.: WV0112500 008 CERTIFIED LABORATORY ADDRESS: WASTELOAD FOR THE MONTH OF: INDIVIDUAL PERFORMING ANALYSIS: Quantity Other Units Parameter Units N.E. CEL* 50050 (ML-1) RF-A Reported Flow,in Conduit or thru plant Rpt Only N/A Year Round Permit Limits Monthly Total Mill. N/A Galls/Mon Rpt Only Rpt Only N/A Avg. Monthly Max. Daily Units mgd Measurement N.E. Frequency Sample Type 1/daily measured 00310 (ML-1) RF-A Reported BOD, 5-Day 20 Deg.C 65.1 141.2 Lbs/Day N/A Year Round Permit Limits Avg. Monthly Max. Daily 30 Avg. Monthly 60 Max. Daily N/A mg/l 1/month 8 hr comp 00530 (ML-1) RF-A Reported Total Suspended Solids 65.1 141.2 Lbs/Day N/A Year Round Permit Limits Avg. Monthly Max. Daily 30 Avg. Monthly 60 Max. Daily N/A mg/l 1/month 8 hr comp 00400 (ML-1) RF-A Reported pH Year Round N/A N/A Permit Limits 6 Inst. Min. N/A 9 Inst. Max. N/A S.U. 1/month Grab 00300 (ML-1) RF-A Reported Dissolved Oxygen Year Round N/A N/A Permit Limits 6 N/A N/A Inst. Min. N/A mg/l 1/month Grab 00610 (ML-1) RF-A Reported Ammonia Nitrogen Year Round 12.9 25.7 Lbs/Day N/A Permit Limits Avg. Monthly Max. Daily 5.93 Avg. Monthly 11.86 Max. Daily N/A mg/l 1/month 8 hr comp * CEL = Compliance Evaluation Level Name of Principal Executive Officer Title of Officer I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information including the possibility of a fine and imprisonment for knowing violations. Date Completed Signature of Principal Executive Officer or Authorized Agent WRD 2A-82 STATE OF WEST VIRGINIA NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM DISCHARGE MONITORING REPORT Permit Limits FACILITY NAME: (Spring Run Fish Hatchery) WV DIVISION OF NATURAL RESOURCES CERTIFIED LABORATORY NAME: LOCATION OF FACILITY: PETERSBURG; Grant County PERMIT NO.: WV0112500 008 CERTIFIED LABORATORY ADDRESS: WASTELOAD FOR THE MONTH OF: INDIVIDUAL PERFORMING ANALYSIS: Quantity Other Units Parameter Units N.E. CEL* 00620 (ML-1) RF-A Reported Nitrogen Nitrate Year Round N/A N/A Permit Limits N/A Rpt Only Rpt Only N/A Avg. Monthly Max. Daily Units mg/l Measurement N.E. Frequency Sample Type 1/month 8 hr comp 00615 (ML-1) RF-A Reported Nitrogen Nitrite Year Round N/A N/A Permit Limits N/A Rpt Only Rpt Only N/A mg/l 1/month 8 hr comp Avg. Monthly Max. Daily 00600 (ML-1) RF-D Reported Nitrogen, Total (as N) N/A 10000 Lbs/Year N/A N/A N/A N/A Year Round Permit Limits Annual Total 1/year Calculated 00600 (ML-1) RF-A Nitrogen, Total (as N) Year Round Reported Rpt Only N/A Permit Limits Monthly Total Lbs/Month N/A Rpt Only Avg. Monthly Rpt Only Max. Daily N/A mg/l 2/month 8 hr comp 00665 (ML-1) RF-A Phosphorus, Total Year Round Reported Rpt Only N/A Permit Limits Monthly Total Lbs/Month N/A Rpt Only Avg. Monthly Rpt Only Max. Daily N/A mg/l 2/month 8 hr comp 00665 (ML-1) RF-D Reported Phosphorus, Total N/A 1000 Lbs/Year N/A N/A N/A N/A Year Round Permit Limits Annual Total 1/year Calculated * CEL = Compliance Evaluation Level Name of Principal Executive Officer Title of Officer I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information including the possibility of a fine and imprisonment for knowing violations. Date Completed Signature of Principal Executive Officer or Authorized Agent WRD 2A-82 STATE OF WEST VIRGINIA NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM DISCHARGE MONITORING REPORT Permit Limits FACILITY NAME: (Spring Run Fish Hatchery) WV DIVISION OF NATURAL RESOURCES CERTIFIED LABORATORY NAME: LOCATION OF FACILITY: PETERSBURG; Grant County PERMIT NO.: WV0112500 008 CERTIFIED LABORATORY ADDRESS: WASTELOAD FOR THE MONTH OF: INDIVIDUAL PERFORMING ANALYSIS: Quantity Other Units Parameter Units N.E. CEL* 01119 (ML-1) RF-A Reported Copper, Total Recoverable N/A N/A Year Round Permit Limits N/A Rpt Only Rpt Only N/A Avg. Monthly Max. Daily Units mg/l Measurement N.E. Frequency Sample Type 1/month 8 hr comp 01094 (ML-1) RF-A Reported Zinc, Total Recoverable N/A N/A Year Round Permit Limits N/A Rpt Only Rpt Only N/A mg/l 1/month 8 hr comp Avg. Monthly Max. Daily 01104 (ML-1) RF-A Reported Aluminum, Total Recoverable N/A N/A Year Round Permit Limits N/A Rpt Only Rpt Only N/A mg/l 1/month 8 hr comp Avg. Monthly Max. Daily * CEL = Compliance Evaluation Level Name of Principal Executive Officer Title of Officer I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information including the possibility of a fine and imprisonment for knowing violations. Date Completed Signature of Principal Executive Officer or Authorized Agent WRD 2A-82 STATE OF WEST VIRGINIA NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM DISCHARGE MONITORING REPORT Permit Limits FACILITY NAME: (Spring Run Fish Hatchery) WV DIVISION OF NATURAL RESOURCES CERTIFIED LABORATORY NAME: LOCATION OF FACILITY: PETERSBURG; Grant County PERMIT NO.: WV0112500 009 CERTIFIED LABORATORY ADDRESS: WASTELOAD FOR THE MONTH OF: INDIVIDUAL PERFORMING ANALYSIS: Quantity Other Units Parameter Units N.E. CEL* 50050 (ML-1) RF-C Reported Flow,in Conduit or thru plant N/A N/A Year Round Permit Limits N/A Rpt Only Rpt Only N/A Avg. Monthly Max. Daily Units mgd Measurement N.E. Frequency Sample Type 1/6 months Estimated 00530 (ML-1) RF-C Reported Total Suspended Solids N/A N/A Year Round Permit Limits N/A Rpt Only Rpt Only N/A mg/l 1/6 months Grab Avg. Monthly Max. Daily 00400 (ML-1) RF-C Reported pH Year Round N/A N/A Permit Limits Rpt Only N/A Inst. Min. Rpt Only Inst. Max. N/A S.U. 1/6 months Grab 00980 (ML-1) RF-C Reported Iron, Total Recoverable N/A N/A Year Round Permit Limits N/A Rpt Only Rpt Only N/A mg/l 1/6 months Grab Avg. Monthly Max. Daily * CEL = Compliance Evaluation Level Name of Principal Executive Officer Title of Officer I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information including the possibility of a fine and imprisonment for knowing violations. Date Completed Signature of Principal Executive Officer or Authorized Agent WRD 2A-82 STATE OF WEST VIRGINIA NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM DISCHARGE MONITORING REPORT Permit Limits FACILITY NAME: (Spring Run Fish Hatchery) WV DIVISION OF NATURAL RESOURCES CERTIFIED LABORATORY NAME: LOCATION OF FACILITY: PETERSBURG; Grant County PERMIT NO.: WV0112500 010 CERTIFIED LABORATORY ADDRESS: WASTELOAD FOR THE MONTH OF: INDIVIDUAL PERFORMING ANALYSIS: Quantity Other Units Parameter Units N.E. CEL* 50050 (ML-1) RF-C Reported Flow,in Conduit or thru plant N/A N/A Year Round Permit Limits N/A Rpt Only Rpt Only N/A Avg. Monthly Max. Daily Units mgd Measurement N.E. Frequency Sample Type 1/6 months Estimated 00530 (ML-1) RF-C Reported Total Suspended Solids N/A N/A Year Round Permit Limits N/A Rpt Only Rpt Only N/A mg/l 1/6 months Grab Avg. Monthly Max. Daily 00400 (ML-1) RF-C Reported pH Year Round N/A N/A Permit Limits Rpt Only N/A Inst. Min. Rpt Only Inst. Max. N/A S.U. 1/6 months Grab 00980 (ML-1) RF-C Reported Iron, Total Recoverable N/A N/A Year Round Permit Limits N/A Rpt Only Rpt Only N/A mg/l 1/6 months Grab Avg. Monthly Max. Daily * CEL = Compliance Evaluation Level Name of Principal Executive Officer Title of Officer I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information including the possibility of a fine and imprisonment for knowing violations. Date Completed Signature of Principal Executive Officer or Authorized Agent WRD 2A-82 STATE OF WEST VIRGINIA NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM DISCHARGE MONITORING REPORT Permit Limits FACILITY NAME: (Spring Run Fish Hatchery) WV DIVISION OF NATURAL RESOURCES CERTIFIED LABORATORY NAME: LOCATION OF FACILITY: PETERSBURG; Grant County PERMIT NO.: WV0112500 011 CERTIFIED LABORATORY ADDRESS: WASTELOAD FOR THE MONTH OF: INDIVIDUAL PERFORMING ANALYSIS: Quantity Other Units Parameter Units N.E. CEL* 50050 (ML-1) RF-A Reported Flow,in Conduit or thru plant Rpt Only N/A Year Round Permit Limits Monthly Total Mill. N/A Galls/Mon Rpt Only Rpt Only N/A Avg. Monthly Max. Daily Units mgd Measurement N.E. Frequency Sample Type 1/daily measured 00310 (ML-1) RF-A Reported BOD, 5-Day 20 Deg.C 1254 2507 Lbs/Day N/A Year Round Permit Limits Avg. Monthly Max. Daily 30 Avg. Monthly 60 Max. Daily N/A mg/l 1/month 8 hr comp 00530 (ML-1) RF-A Reported Total Suspended Solids 1254 2507 Lbs/Day N/A Year Round Permit Limits Avg. Monthly Max. Daily 30 Avg. Monthly 60 Max. Daily N/A mg/l 1/month 8 hr comp 00400 (ML-1) RF-A Reported pH Year Round N/A N/A Permit Limits 6 Inst. Min. N/A 9 Inst. Max. N/A S.U. 1/month Grab 00300 (ML-1) RF-A Reported Dissolved Oxygen Year Round N/A N/A Permit Limits 6 N/A N/A Inst. Min. N/A mg/l 1/month Grab 00610 (ML-1) RF-A Reported Ammonia Nitrogen Year Round 248 496 Lbs/Day N/A Permit Limits Avg. Monthly Max. Daily 5.93 Avg. Monthly 11.86 Max. Daily N/A mg/l 1/month 8 hr comp * CEL = Compliance Evaluation Level Name of Principal Executive Officer Title of Officer I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information including the possibility of a fine and imprisonment for knowing violations. Date Completed Signature of Principal Executive Officer or Authorized Agent WRD 2A-82 STATE OF WEST VIRGINIA NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM DISCHARGE MONITORING REPORT Permit Limits FACILITY NAME: (Spring Run Fish Hatchery) WV DIVISION OF NATURAL RESOURCES CERTIFIED LABORATORY NAME: LOCATION OF FACILITY: PETERSBURG; Grant County PERMIT NO.: WV0112500 011 CERTIFIED LABORATORY ADDRESS: WASTELOAD FOR THE MONTH OF: INDIVIDUAL PERFORMING ANALYSIS: Quantity Other Units Parameter Units N.E. CEL* 00620 (ML-1) RF-A Reported Nitrogen Nitrate Year Round N/A N/A Permit Limits N/A 10 29.2 N/A Avg. Monthly Max. Daily Units mg/l Measurement N.E. Frequency Sample Type 1/month 8 hr comp 00615 (ML-1) RF-A Reported Nitrogen Nitrite Year Round N/A N/A Permit Limits N/A 0.03 0.06 N/A mg/l 1/month 8 hr comp Avg. Monthly Max. Daily 00600 (ML-1) RF-A Nitrogen, Total (as N) Year Round Reported Rpt Only N/A Permit Limits Monthly Total Lbs/Month N/A Rpt Only Avg. Monthly Rpt Only Max. Daily N/A mg/l 2/month 8 hr comp 00600 (ML-1) RF-D Reported Nitrogen, Total (as N) N/A 55480 Lbs/Year N/A N/A N/A N/A Year Round Permit Limits Annual Total 1/year Calculated 00665 (ML-1) RF-A Phosphorus, Total Year Round Reported Rpt Only N/A Permit Limits Monthly Total Lbs/Month N/A Rpt Only Avg. Monthly Rpt Only Max. Daily N/A mg/l 2/month 8 hr comp 00665 (ML-1) RF-D Reported Phosphorus, Total N/A 5548 Lbs/Year N/A N/A N/A N/A Year Round Permit Limits Annual Total 1/year Calculated * CEL = Compliance Evaluation Level Name of Principal Executive Officer Title of Officer I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information including the possibility of a fine and imprisonment for knowing violations. Date Completed Signature of Principal Executive Officer or Authorized Agent WRD 2A-82 STATE OF WEST VIRGINIA NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM DISCHARGE MONITORING REPORT Permit Limits FACILITY NAME: (Spring Run Fish Hatchery) WV DIVISION OF NATURAL RESOURCES CERTIFIED LABORATORY NAME: LOCATION OF FACILITY: PETERSBURG; Grant County PERMIT NO.: WV0112500 011 CERTIFIED LABORATORY ADDRESS: WASTELOAD FOR THE MONTH OF: INDIVIDUAL PERFORMING ANALYSIS: Quantity Other Units Parameter Units N.E. CEL* 01119 (ML-1) RF-A Reported Copper, Total Recoverable N/A N/A Year Round Permit Limits N/A Rpt Only Rpt Only N/A Avg. Monthly Max. Daily Units mg/l Measurement N.E. Frequency Sample Type 1/month 8 hr comp 01094 (ML-1) RF-A Reported Zinc, Total Recoverable N/A N/A Year Round Permit Limits N/A Rpt Only Rpt Only N/A mg/l 1/month 8 hr comp Avg. Monthly Max. Daily 01104 (ML-1) RF-A Reported Aluminum, Total Recoverable N/A N/A Year Round Permit Limits N/A Rpt Only Rpt Only N/A mg/l 1/month 8 hr comp Avg. Monthly Max. Daily * CEL = Compliance Evaluation Level Name of Principal Executive Officer Title of Officer I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information including the possibility of a fine and imprisonment for knowing violations. Date Completed Signature of Principal Executive Officer or Authorized Agent WRD 2A-82 STATE OF WEST VIRGINIA NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM DISCHARGE MONITORING REPORT FACILITY NAME: (Spring Run Fish Hatchery) WV DIVISION OF NATURAL RESOURCES CERTIFIED LABORATORY NAME: LOCATION OF FACILITY: PETERSBURG; Grant County PERMIT NO.: WV0112500 101 CERTIFIED LABORATORY ADDRESS: WASTELOAD FOR THE MONTH OF: INDIVIDUAL PERFORMING ANALYSIS: Quantity Other Units Parameter Units N.E. CEL* 45603 (ML-N/A) RF-A Reported Fish Feed Used N/A Rpt Only Lbs/Month N/A N/A N/A N/A Year Round Permit Limits Monthly Total Permit Limits Measurement Units N.E. Frequency Sample Type 1/month measured 45604 (ML-N/A) RF-A Reported Biomass, Fish Year Round N/A Rpt Only Lbs/Month N/A N/A N/A N/A Permit Limits Monthly Total 1/month measured * CEL = Compliance Evaluation Level Name of Principal Executive Officer Title of Officer I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information including the possibility of a fine and imprisonment for knowing violations. Date Completed Signature of Principal Executive Officer or Authorized Agent WV/NPDES Permit No.: WV0112500 NOTICE TO PERMITTEES The 1999 regular session of the West Virginia legislature revised the Water Pollution Control Act, Chapter 22, Article 11, Section 10 of the Code of West Virginia relating to fees associated with permits. This section of the Code requires all holders of a State water pollution control permit or a national pollutant discharge elimination system permit to be assessed an annual permit fee, based upon rules promulgated by the Secretary of the Department of Environmental Protection. The Secretary has promulgated a final rule in accordance with the code revision to this effect and these rules were effective May 4, 2000. The rules establish an annual permit fee based upon the relative potential to degrade the waters of the State which, in most instances, relate to volume of discharge. However, for sewage facilities, the annual permit fee is based upon the number of customers served by the facility. You may contact the Secretary of State's Office, State Capitol Building, Charleston, WV 25305, to obtain a copy of the rules. The reference is Title 47, Legislative Rules, Department of Environmental Protection, Division of Water Resources, Series 26 Water Pollution Control Permit Fee Schedules. Based upon the volume of discharge for which your facility is currently permitted, the number of customers served by your facility or for the category you fall within, pursuant to Section 7 of Title 47, Series 26, your annual permit fee is $1000.00. This fee is due no later than the anniversary date of permit issuance in each year of the term of the permit or in the case of coverage under a general permit, the fee is due no later than the anniversary date of your coverage under the general permit. You will be invoiced by this agency at the appropriate time for the fee. Failure to submit the annual fee within ninety(90) days of the due date will render your permit void upon the date you are mailed a certified written notice to that effect. STATE OF WEST VIRGINIA DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER AND WASTE MANAGEMENT BASIS FOR LIMITATIONS WVDNR Spring Run Fish Hatchery February 2021 WV0112500 BACKGROUND INFORMATION: The facility is a state owned trout hatchery producing approximately 220,000 lbs of trout annually for stocking into state waters. Water from Spring Run is used as source water. This facility is subject to the Concentrated Aquatic Animal Production Effluent Guideline, specifically 40 CFR 451, Subpart A. This guideline does not specify any specific effluent limitations, but does prescribe certain reporting requirements and best management practices. The permittee completed this requirement and is implementing the BMP. Untreated wastewater from aquaculture round rearing ponds is discharged through Outlet 008 into Spring Run. Spring water flows through aquaculture raceways and is discharged through Outlet 011. During raceway cleaning periods, water from raceway(s) being cleaned is kept separate from noncleaning water and piped to the batch clarifying/treatment tank. After a 24 to 48-hour settling time, water is decanted from the clarifier and discharged through Outlet 011 into Spring Run. The resultant sludge is transferred to a sludge holding tank for later disposal. Receiving Stream: Spring Run 7Q10: 2.9876 cfs (from Tagis DEP website February 2021) TMDL: No Trout Stream: Yes Outlet 008 (untreated wastewater from aquacultural round rearing ponds) Discharge Location/Basin: Spring Run Discharge estimated flow: 0.26 MGD (LTA from DMR's May 2017 - December 2021) Basis for Limitations WVDNR Spring Run Hatchery WV0112500 Page 2 of 5 Parameter Flow BOD Total Suspended Solids Ammonia-N Dissolved Oxygen pH Total Nitrite Total Nitrate Total Nitrogen Total Phosphorous Total Nitrogen Total Phosphorous Copper, Total Rec Zinc, Total Rec Aluminum, Total Rec Mass (lbs/day) Average Max Monthly Daily -- -- 65.1 141.2 65.1 141.2 12.9 25.7 -- -- -- -- -- -- -- -- 10,000 lbs/yr 1,000 lbs/yr Concentration (mg/l) Average Max Monthly Daily Monitor Monitor 30 60 30 60 5.93 11.86 6 (Min) -- -- 6-9 Monitor Monitor Monitor Monitor Monitor Monitor Monitor Monitor -- -- -- -- Monitor Monitor Monitor Monitor Monitor Monitor Frequency Monthly Monthly Monthly Monthly Monthly Monthly Monthly Monthly Monthly Monthly Yearly Yearly Monthly Monthly Monthly Rationale BPJ BPJ (Tech) BPJ (Tech) DO, WQS DO, WQS WQS BPJ WQS BPJ BPJ TMDL TMDL BPJ BPJ BPJ An updated Tier 1 wasteload allocation was performed. The ammonia nitrogen limits in the draft permit are based on the wasteload allocation to be protective of dissolved oxygen in the stream. Adjustments to the mass limitations have been made to compensate for the actual average reported flow from DMR reports during the previous permit cycle. An assumed hardness value of 100 mg/l, pH value of 7.3 S.U., and temperature of 21 deg C were used in the reasonable potential analysis. No background stream data is available for the receiving stream and no mixing zone was granted. The permittee did not have reasonable potential to exceed the water quality criteria at the end of pipe for nitrogen nitrate and nitrogen nitrite. Continued monitoring is imposed for those parameters. Stormwater Outlet 009 Discharge Location/Basin: Spring Run Storm water runoff from parking and road areas inside hatchery contribute to flow to Outlet 009. In accordance with provisions of the WV General NPDES Permit for Storm Water, monitoring is imposed for pollutants of concern with benchmark values established in order to demonstrate an effective SWPPP. Stormwater Outlet 010 Discharge Location/Basin: Spring Run Storm water runoff from the County roadside ditch and from the hatchery discharges via Outlet 010. In accordance with provisions of the WV General NPDES Permit for Storm Water, monitoring is Basis for Limitations WVDNR Spring Run Hatchery WV0112500 Page 3 of 5 imposed for pollutants of concern with benchmark values established in order to demonstrate an effective SWPPP. Outlet 011 (treated and untreated wastewater from aquacultural raceways) Discharge Location/Basin: Spring Run Discharge estimated flow: 05.01 MGD (LTA from DMR's May 2017 - December 2021) Parameter Flow BOD Total Suspended Solids Ammonia-N Dissolved Oxygen pH Total Nitrite Total Nitrate Total Nitrogen Total Phosphorous Total Nitrogen Total Phosphorous Copper, Total Rec Zinc, Total Rec Aluminum, Total Rec Mass (lbs/day) Average Max Monthly Daily -- -- 65.1 141.2 65.1 141.2 12.9 25.7 -- -- -- -- -- -- -- -- 55,480 lbs/yr 5,548 lbs/yr Concentration (mg/l) Average Max Monthly Daily Monitor Monitor 30 60 30 60 5.93 11.86 6 (Min) -- -- 6-9 Monitor Monitor Monitor Monitor Monitor Monitor Monitor Monitor -- -- -- -- Monitor Monitor Monitor Monitor Monitor Monitor Frequency Monthly Monthly Monthly Monthly Monthly Monthly Monthly Monthly Monthly Monthly Yearly Yearly Monthly Monthly Monthly Rationale BPJ BPJ (Tech) BPJ (Tech) DO, WQS DO, WQS WQS BPJ WQS BPJ BPJ TMDL TMDL BPJ BPJ BPJ ANTIDEGRADATION An antidegradation review has been conducted and Tier 1 protection is provided for the uses specified in Title 47, Series 2, Section 6. CHESAPEAKE BAY TMDL Nitrogen and Phosphorus The permittee discharges to Spring Run of South Mill Creek of the South Branch of the Potomac River which is a tributary to the Potomac River and ultimately the Chesapeake Bay. As a headwater partner in the Chesapeake Bay Program, West Virginia, along with the other Bay states, had previously developed a Tributary Strategy to reduce the amount of nutrients (nitrogen and phosphorus) flowing into the Chesapeake Bay and the agency imposed reduction requirements for nitrogen and phosphorus in the previous permit. The USEPA issued the Chesapeake Bay TMDL on December 29, 2010 which specifies total annual loads for nitrogen, phosphorus, and total suspended solids for this facility. Limitations for nitrogen and phosphorus are now imposed based on EPA's Chesapeake Bay TMDL. The TMDL prescribes an aggregate total load for this facility and did not split up the loads based on each outfall. As such, the agency is splitting the aggregate load allowed by Basis for Limitations WVDNR Spring Run Hatchery WV0112500 Page 4 of 5 the TMDL at Outlets 008 and 011 using its best professional judgment. The total loads prescribed at both outfalls are equal to the aggregate load prescribed in the TMDL. TSS WV's Chesapeake Bay tributary strategy did not include requirements for total suspended solids. Section 9 of the Chesapeake Bay TMDL provides individual TSS allocations for significant wastewater sources that WV did not intend to impose. These allocations were established by EPA at the E3 concentration (5 mg/l), whereas WV did not plan to reduce TSS below existing technologybased requirements. WV's WIP indicates that WV is significantly under its cap load for TSS and has a surplus/reserve of TSS of approximately 20,000 tons/year delivered. Rather than impose these reductions in permits, WV proposes to impose only the existing technology-based TSS requirements in significant facility permits by using a portion of the TSS surplus/reserve afforded by WV's WIP. WV calculates that approximately only 1,000 delivered tons/yr of TSS will be needed to be used from the surplus for all significant wastewater facilities identified in the TMDL. WV recognizes that nitrogen and phosphorous treatment to 5 mg/l and 0.5 mg/l will provide an ancillary benefit of effluent TSS quality better than existing technology standards. But WV is not sure that annual loads commensurate with 5 mg/L TSS will be universally achieved with technologies implemented to achieve nitrogen and phosphorus reductions. Therefore, TSS limitations in the permit are in accordance with existing technology treatment standards. Outlet 008 Parameter Total Nitrogen Total Phosphorous Annual Total Load Limit 10,000 lbs/yr 1,000 lbs/yr Outlet 011 Parameter Total Nitrogen Total Phosphorous Annual Total Load Limit 55,480 lbs/yr 5,548 lbs/yr SLUDGE The sludge generated at the permittee's facility shall be properly disposed of under the authority of WV Dept. of Agriculture. COMPLIANCE ASSESSMENT The permittee has generally been compliant with the terms and conditions of the permit during the previous permit cycle. Additionally, the facility has been well within the nitrogen and phosphorus limits prescribed in the TMDL. Basis for Limitations WVDNR Spring Run Hatchery WV0112500 Page 5 of 5 INTERNAL OUTLET 101 Internal Outlet 101 is being added to this permit. This is not a discharge outlet, but an outlet generated to record the poundage of fish produced and the amount of fish feed used at the Spring Run Hatchery. WATER QUALITY BASED EFFLUENT LIMITATIONS WVDNR Spring Run Hatchery WV0112500 Outlet: 008 Stream: Spring Run Hardness (mg/l): 100 Instream Waste %: 11.87 Temperature (C): 21 ZID: 1.0 pH: 7.3 CMZ: 1.0 Stream 1Q10 (CFS): NA HH CMZ: 1.0 Stream 7Q10 (CFS): 2.9876 HHA 1/2 Mile Rule CMZ: 1.0 Effluent Flow (MGD): 0.26 v 10.2 PARAMETER Ammonia Nitrate (as Nitrate-N) Nitrite (as Nitrite-N) Baseline Water Quality (mg/l) NA NA NA Stream Background (mg/l) NA NA NA End of Pipe WQC RP No No No RWC WQC RP No No No Average Monthly Limit (mg/l) Monitor Monitor Monitor Maximum Daily Tier Protection Limit (mg/l) Level Monitor Monitor Monitor Tier 1 Tier 1 Tier 1 Outfall discharges to Ohio River and is subject to ORSANCO Pollution Control Standards: No Outfall discharges to a Trout Stream: Yes Outfall discharges to a stream exempt from Human Health A Criteria: No Outfall discharges to a stream exempt from all Human Health Criteria: No Outfall discharges within 1/2 mile upstream of a public drinking water intake: No Outfall has limitations for at least one metal using a site specific translator: No Outfall has Tier 2.0 antidegradation limitations for at least one pollutant: No WATER QUALITY BASED EFFLUENT LIMITATIONS WVDNR Spring Run Hatchery WV0112500 Outlet: 011 Stream: Spring Run Hardness (mg/l): 100 Instream Waste %: 72.18 Temperature (C): 21 ZID: 1.0 pH: 7.3 CMZ: 1.0 Stream 1Q10 (CFS): NA HH CMZ: 1.0 Stream 7Q10 (CFS): 2.9876 HHA 1/2 Mile Rule CMZ: 1.0 Effluent Flow (MGD): 5.01 v 10.2 PARAMETER Ammonia Nitrate (as Nitrate-N) Nitrite (as Nitrite-N) Baseline Water Quality (mg/l) NA NA NA Stream Background (mg/l) NA NA NA End of Pipe WQC RP No No No RWC WQC RP No No No Average Monthly Limit (mg/l) Monitor Monitor Monitor Maximum Daily Tier Protection Limit (mg/l) Level Monitor Monitor Monitor Tier 1 Tier 1 Tier 1 Outfall discharges to Ohio River and is subject to ORSANCO Pollution Control Standards: No Outfall discharges to a Trout Stream: Yes Outfall discharges to a stream exempt from Human Health A Criteria: No Outfall discharges to a stream exempt from all Human Health Criteria: No Outfall discharges within 1/2 mile upstream of a public drinking water intake: No Outfall has limitations for at least one metal using a site specific translator: No Outfall has Tier 2.0 antidegradation limitations for at least one pollutant: No NPDES Permit Rating Work Sheet NPDES No.: W V 0 1 1 2 5 0 0 Facility Name: WV DN R S P R I NG RUN F I SH City: D O R C A S Receiving Water: S P R I N G RUN Reach Number: 02070001010 HAT CHE RY X Regular Addition Discretionary Addition Score change, but no status change Deletion Is this facility a steam electric power plant (SIC=4911) with one or more of the following characteristics? 1. Power output 500 MW or greater (not using a cooling pond/lake) 2. A nuclear power plant 3. Cooling water discharge greater than 25% of the receiving stream's 7Q10 flow rate Yes; score is 600 (stop here) X No (Continue) Is this permit for a municipal separate storm sewer serving a population greater than 100,000? Yes; score is 700 (stop here) X No FACTOR 1: Toxic Pollutant Potential PCS SIC Code: 0 9 2 1 Primary SIC Code: 0921 Other SIC Codes: Industrial SubCategory Code: 0 0 0 (Code 000 if no category) Determine the Toxicity potential from Appendix A. Be sure to use the Total toxicity potential column and check one Toxicity Group Code Points Toxicity Group Code Points Toxicity Group Code Points No process 0 0 3. wastestreams 4. X 1. 1 5 5. 2. 2 10 6. 3 15 4 20 5 25 6 30 7. 7 35 8. 8 40 9. 9 45 10. 10 50 Code Number Checked: 0 1 Total Points Factor 1: 0 5 FACTOR 2: Flow/Stream Flow Volume (complete either Section A or Section B; check only one) Section A - Wastewater Flow Only Considered Wastewater Type (See Instructions) Type I: Flow < 5 MGD Flow 5 to 10 MGD Flow >10 to 50 MGD Flow >50 MGD Code 11 12 13 14 Points 0 10 20 30 Wastewater Type (See Instructions) Type I/III: Type II: Flow < 1 MGD Flow 1 to 5 MGD X Flow >5 to 10 MGD Flow >10 MGD 21 10 22 20 23 30 24 50 Type II: Type III: Flow < 1 MGD Flow 1 to 5 MGD Flow >5 to 10 MGD Flow >10 MGD 31 0 32 10 33 20 34 30 Percent of Instream Wastewater Concentration at Receiving Stream Low Flow < 10 % >= 10 % to <= 50 % >= 50 % < 10 % >= 10 % to <= 50 % >= 50 % Code Points 41 0 42 10 43 20 51 0 52 20 53 30 Code Number Checked: 2 2 Total Points Factor 2: 2 0 FACTOR 3: Conventional Pollutants (only when limited by the permit) A. Oxygen Demanding Pollutant (check one): Permit Limits (check one) X NPDES Permit Rating Work Sheet NPDES No.: X BOD COD Code < 100 lbds/day 1 100 to 1000 lbs/day 2 > 1000 to 3000 lbs/day 3 > 3000 lbs/day 4 Other: Points 0 5 15 25 B. Total Suspended Solids (check one): Permit Limits (check one) X Code < 100 lbds/day 1 100 to 1000 lbs/day 2 > 1000 to 5000 lbs/day 3 > 5000 lbs/day 4 Points 0 5 15 20 C. Nitrogen Pollutants (check one): Permit Limits (check one) X Ammonia Other: Code X < 300 lbds/day 1 300 to 1000 lbs/day 2 > 1000 to 3000 lbs/day 3 > 3000 lbs/day 4 Points 0 5 15 25 WV 0 1 1 2 5 0 0 Code Number Checked: 0 3 Points Scored: 1 5 Code Number Checked: 0 3 Points Scored: 1 5 Code Number Checked: 0 1 Points Scored: 0 0 Total Points Factor 3: 3 0 FACTOR 4: Public Health Impact Is there a public drinking water supply located within 50 miles downstream of the effluent discharge (this includes any body of water to which the receiving stream is a tributary)? A public water supply may include infiltration galleries, or other methods of conveyance that ultimately get water from the above referenced supply. X Yes (If yes, check toxicity potential number below) No (If no, go to Factor 5) Determine the human health toxicity potential from Appendix A. Use the same SIC code and subcategory references as in Factor 1. (Be sure to use the human health toxicity group column - check one below) Toxicity Group Code Points Toxicity Group Code Points Toxicity Group Code Points No process 0 0 wastestreams X 1. 1 0 2. 2 0 3. 3 0 4. 4 0 5. 5 5 6. 6 10 7. 7 15 8. 8 20 9. 9 25 10. 10 30 Code Number Checked: 0 1 Total Points Factor 4: 0 0 FACTOR 5: Water Quality Factors NPDES Permit Rating Work Sheet NPDES No.: WV 0 1 1 2 5 0 0 A. Is (or will) one or more of the effluent discharge limits based on water quality factors of the receiving stream (rather than technology-based federal guidelines, or technology-based state effluent guidelines); or has a wasteload allocation been assigned to the discharge? X Yes No Code 1 2 Points 10 0 B. Is the receiving water in compliance with applicable water quality standards for pollutants that are water quality limited in the permit? Yes X No Code 1 2 Points 0 5 C. Does the effluent discharged from this facility exhibit the reasonable potential to violate water quality standards due to whole effluent toxicity? Yes X No Code 1 2 Points 10 0 Code Number Checked: A: 2 B: 2 Total Points Factor 5: A: 1 0 B: 0 5 FACTOR 6: Proximity to Coastal Waters A. Base Score: Enter Flow Code Here (from Factor 2): Check appropriate facility HPRI Code (from PCS): 00 HPRI # Code HPRI Score 1 1 20 2 2 0 3 3 30 4 4 0 5 5 20 HPRI code checked: 0 C: 2 C: 0 0 = 1 5 Total Enter the multiplication factor that corresponds to the flow code: Flow Code Multiplication Factor 11,31, or 41 0.00 12,32, or 42 0.05 13,33, or 43 0.10 14 or 34 0.15 21 or 51 0.10 22 or 52 0.30 23 or 53 0.60 24 1.00 Base Score: (HPRI Score) 00 x (Multiplication Factor) 0. 0 0 = 0 (Total Points) B. Addiitonal Points - NEP Program For a facility that has an HPRI Code of 3, does the facility discharge to one of the estuaries enrolled in the National Estuary Protection (NEP) program (see instructions) or the Chesapeake Bay? C. Addiitonal Points - Great Lakes Area of Concern For a facility that has an HPRI Code of 5, does the facility discharge any of the pollutants of concern into one of the Great Lakes' 31 areas of concern (see instructions)? Yes X No Code 1 2 Points 10 0 Yes X No Code 1 2 Points 10 0 Code Number Checked: A: 0 B: 2 C: 2 Total Points Factor 6: A: 0 0 B: 0 0 C: 0 0 = 0 0 Total SCORE SUMMARY NPDES Permit Rating Work Sheet NPDES No.: WV 0 1 1 2 5 0 0 Factor 1 2 3 4 5 6 Description Toxic Pollutant Potential Flow/Stream Flow Volume Conventional Pollutants Publlic Health Impacts Water Quality Factors Proximity to Near Coastal Waters Total Points 05 20 30 00 15 00 TOTAL (Factors 1 through 6) 070 S1. Is the total score equal to or greater than 80? Yes (facility is a major) X No S2. If the answer to the above question is no, would you like this facility to be a discretionary major? X No Yes (Add 500 points to the above score and provide reason below): Reason: NEW SCORE: OLD SCORE: 070 070 Permit Reviewer's Name Phone Number Date Devereux, Lori K From: Sent: To: Subject: Hedrick, Jim D Wednesday, March 24, 2021 8:58 AM Devereux, Lori K RE: WV0112500-WV DNR-Spring Run-Draft Permit Got this one also. Thanks, From: Devereux, Lori K Sent: Tuesday, March 23, 2021 4:25 PM To: Hedrick, Jim D <Jim.D.Hedrick@wv.gov> Subject: WV0112500-WV DNR-Spring Run-Draft Permit Due to the COVID-19 and us working remotely from home, this will be considered your certified copy. If you could please email me back and let me know you received this, I would greatly appreciate it. Thanks Lori. K. Devereux Environmental Resource Associate Dept. of Environmental Protection Division of Water and Waste MGMT 601 57th St SE Charleston, WV 25304 Phone(304)926-0499 x 43863 Fax(304)926-0496 1