Document nwz3d1Vk0GJ6pjq1a8y534jm
Region 6 - Enforcement & Compliance Assurance Division
INSPECTION REPORT
Inspection Date(s): Media Program: Regulatory Program(s)
Company Name: Facility Name: Facility Physical Location:
(city, state, zip code) Mailing address:
(city, state, zip code) County/Parish: Facility Phone Number Facility Contact:
FRS Number: Identification/Permit Number:
03/9/2023 Water NPDES
Anthony Timberlands, Inc.
Bearden
111 South Plum
Bearden, Arkansas 71720
Post Office Box 137
Bearden, Arkansas 71720
Ouachita
870-687-3611
870-313-4114
Wilson Anthony
Director- Regulatory Compliance
wanthony@anthonytimberlands.com
110003398163 ARR00B472
Media Identifier Number: NAICS: SIC:
N/A 113310 2411
Personnel participating in inspection:
Steven Anthony
Anthony Timberlands, Inc.
Wilson Anthony
Anthony Timberlands, Inc.
Jim Jones
Anthony Timberlands, Inc.
Chelsey Sherwood
USEPA-ECDWR.
David Esparza, PE
USEPA-ECDWM
President Director- Regulatory Compliance Vice President-Pine Division Life Scientist Environmental Engineer
EPA Lead Inspector Signature/Date
DAVID ESPARZA Date: 2023.05.15 15:33:09 -06'00' Digitally signed by DAVID ESPARZA
David Esparza
Date
Supervisor Signature/Date
ROBERTO BERNIER Date: 2023.05.15 17:40:35 -05'00' Digitally signed by ROBERTO BERNIER
Roberto Bernier
Date
6ENFORM-020-R8.2 (02/12/2020)
1
Section I - INTRODUCTION
Anthony Timberlands/Bearden
Permit # ARR00B472 Inspection Date 03/09/2023
PURPOSE OF THE INSPECTION
United States Environmental Protection Agency (EPA) Region 6 inspectors David Esparza, PE, and Ms. Chelsey Sherwood, arrived at Anthony Timberlands-Bearden facility (Bearden) at approximately 9:30 AM on March 9, 2023, for an unannounced inspection. I presented my credentials to Mr. Steven Anthony President, and Mr, Wilson Anthony, Director of Regulatory Compliance, of Anthony Timberlands, Inc. (ATI). I informed him that this was an EPA inspection to determine the facility's compliance under the Clean Water Act (CWA) and the requirements of the National Pollutant Discharge Elimination System (NPDES) permit program, in accordance with the CWA. The generation of this report is based on information supplied by Bearden representatives, observations made by the EPA inspectors, and records and reports maintained by the permittee (Bearden), and the EPA. Before leaving the facility on March 9, 2023, an exit briefing was held with Mr. Wilson Anthony, to explain areas of concern noted at the time of the inspection.
FACILITY DESCRIPTION
This facility is the flagship operation and corporate headquarters for Anthony Timberlands built in 1946. The facility produces pine decking, dimension lumber, and small timbers from local Southern Yellow Pine timber with a capacity of approximately 200 million board feet per year. Located along the Union Pacific railroad and with nearby access to Interstate 30, this mill can quickly and efficiently ship goods throughout the country. The approximate 100-acre mill site is in the near proximity to 111 S. Plum St. adjacent to the Union Pacific railroad and United States Interstate-30 (I-30) in Bearden, Ouachita County, Arkansas (denoted in Aerial Image 1 below). Coordinates to the mill are in the vicinity of: Latitude 3343'18.56" North, Longitude 9237'00.10" West. The mill operates the sawmill and planing mill Monday through Friday 6:00 AM to 3:00 PM on a two (2) shift schedule, though certain mill processes (kiln drying, boiler operation) are performed around the clock.
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Anthony Timberlands/Bearden
Permit # ARR00B472 Inspection Date 03/09/2023
Aerial Image #1- Overall view of the Anthony Timberlands-Bearden facility. Aerial from Google Earth (September 2021). Section II - OBSERVATIONS The following points of discussion are derived from review of the information provided by Anthony Timberlands representatives, their consultant, or on-site visual observation
The Recertification Notice of Intent (NOI) (ARR00B472), was issued by the Arkansas Energy and Environment, Division of Environmental Quality, Office of Water Quality (AEE/DEQ) (formerly Arkansas Department of Environmental Quality (ADEQ)) with an effective date of July 1, 2019, for coverage under the renewal Industrial Stormwater General Permit, with a subsequent expiration date of June 30, 2024 (Appendix 2 ADEQ's Recertification Notice of Intent (NOI) (ARR00B472)
In response to the March 14, 2023, Request of Information (RFI) regrading "a complete electronic copy of your current Stormwater Pollution Prevention Plan (SWPPP), inclusive of all on-site inspection reports for the previous two (2) years". ATI states, "ATI's coverage under permit ARR00B472 ended after obtaining coverage under permit AR0053236. Coverage under this new permit eliminated the need for a SWPPP at this facility as well as the related quarterly inspections."
A review of ADEQ permit AR0053236-Process Water indicates in the permit's Final Statement of Basis - 12:STORMWATER REQUIREMENTS-The federal regulations at 40 CFR 122.26(b)(14) require certain industrial sectors to have NPDES permit coverage for stormwater discharges from the facility. These requirements include the development and implementation of a Stormwater Pollution Prevention Plan (SWPPP) to control the quality of stormwater discharges 3
Anthony Timberlands/Bearden
Permit # ARR00B472 Inspection Date 03/09/2023
from the facility. This facility was issued stormwater permit coverage under NPDES Tracking number ARR00B472. Note: this NPDES permit expires on June 30, 2024 (Appendix 3 ADEQ Permit AR0053236-Process Water ). In response to the March 14, 2023, Request of Information (RFI) regrading, "Electronic copies of your Stormwater Annual Report (SWAR) for the previous two (2) years (2021 and 2022), inclusive appurtenant analytical analysis". ATI states, "Permit AR0053236 (attached) eliminated the need for SWARs." (Appendix 2 ADEQ's Recertification Notice of Intent (NOI) (ARR00B472) A review of the information provided by ATI in their written response to a March 14, 2023, Request for Information (RFI), indicates the facility maintains on-site 2-250-gallon, 5-500-gallon, 2-1K-gallon, 2-4K-gallon, 1-8k-gallon and 1-14k-gallon bulk petroleum storage tanks (Appendix 4 ATI Provided Aerial Notation of Bulk Petroleum Storage Tanks). The stormwater wattles installed/placed throughout various locations of the facility were irregularly spaced, small in diameter and not staked/anchored in typical industry methodology (Appendix 1 Photograph 19 and Photograph 20). Housekeeping, inclusive of discarded debris throughout the facility invite vermin attraction and are potential tripping hazards. (Appendix 1 Photograph 19 and Photograph 20).
Section III - SUMMARY/AREAS OF CONCERN (AOC)
The entire evaluation can be summarized as follows:
In response to the March 14, 2023, Request of Information (RFI) regrading " a complete electronic copy of your current Stormwater Pollution Prevention Plan (SWPPP), inclusive of all on-site inspection reports for the previous two (2) years. ATI states, "ATI's coverage under permit ARR00B472 ended after obtaining coverage under permit AR0053236. Coverage under this new permit eliminated the need for a SWPPP at this facility as well as the related quarterly inspections." Note1: Based on the response to the RFI inspection reports have not been regularly scheduled or performed. Note2: The Recertification Notice of Intent (NOI) (ARR00B472), was issued by the Arkansas Energy and Environment, Division of Environmental Quality, Office of Water Quality (AEE/DEQ) with an effective date of July 1, 2019, for coverage under the renewal Industrial Stormwater General Permit, with a subsequent expiration date of June 30, 2024. A review of permit AR0053236 indicates in the permit's Final Statement of Basis - 12:STORMWATER REQUIREMENTS-The federal regulations at 40 CFR 122.26(b)(14) require certain industrial sectors to have NPDES permit coverage for stormwater discharges from the facility. These requirements include the development and implementation of a Stormwater Pollution Prevention Plan (SWPPP) to control the quality of stormwater discharges from the facility. This facility was issued stormwater permit coverage under NPDES Tracking number ARR00B472. (Appendix 3 AEE/DEQ Permit AR0053236-Process Water)
In response to the March 14, 2023, Request of Information (RFI) regrading, "Electronic copies of your Stormwater Annual Report (SWAR) for the previous two (2) years (2021 and 2022), inclusive appurtenant analytical analysis". ATI states, "Permit AR0053236 (attached) eliminated the need for SWARs." Note: The Recertification Notice of Intent (NOI) (ARR00B472), was issued by the AEE/DEQ with an effective date of July 1, 2019, for coverage under the renewal Industrial Stormwater General Permit, with a subsequent expiration date of June 30, 2024. A review of permit AR0053236 indicates in the permit's Final Statement of Basis - 12:STORMWATER REQUIREMENTS-The federal regulations at 40 CFR 122.26(b)(14) require certain industrial sectors to have NPDES permit coverage for stormwater discharges from the facility. These requirements include the development and implementation of a Stormwater Pollution
4
Anthony Timberlands/Bearden
Permit # ARR00B472 Inspection Date 03/09/2023
Prevention Plan (SWPPP) to control the quality of stormwater discharges from the facility. This facility was issued stormwater permit coverage under NPDES Tracking number ARR00B472. (Appendix 2 AEE/DEQ's Recertification Notice of Intent (NOI) (ARR00B472) and Appendix 3 ADEQ Permit AR0053236-Process Water) The stormwater wattles installed/placed throughout various locations of the facility were irregularly spaced, small in diameter and not staked/anchored in typical industry methodology. This could negate the purpose of these devices in the prevention or efforts to minimize run-off (Appendix 1 Photograph 4 and Photograph 5). Poor housekeeping, inclusive of discarded debris throughout the facility are an invitation to vermin attraction and potential tripping hazards. This action item typically relates to Best Management Practices within the criteria of a SWPPP. Note: The Recertification Notice of Intent (NOI) (ARR00B472), was issued by the AEE/DEQ with an effective date of July 1, 2019, for coverage under the renewal Industrial Stormwater General Permit, with a subsequent expiration date of June 30, 2024. There is No Spill Prevention, Control and Countermeasure (SPCC) plan for this Facility. The information provided by ATI in their written response to a March 14, 2023, Request for Information (RFI), indicates the facility maintains on-site 2-250-gallon, 5-500-gallon, 2-1K-gallon, 2-4K-gallon, 1-8k-gallon and 1-14k-gallon bulk petroleum storage tanks (Appendix 4 ATI Provided Aerial Notation of Bulk Petroleum Storage Tanks). In accordance with 311 of the Clean Water Act (CWA) (https://www.epa.gov/oil-spills-prevention-and-preparednessregulations) and the SPCC Rule (40 CFR 112), a SPCC plan is required (Appendix 3 Request for Information (RFI) Response).
EPA Region 6 inspector David Esparza conducted a closing conference at Anthony Timberlands-Bearden facility on March 9, 2023, for the inspection.
Section IV - FOLLOW UP
The following information was received by EPA on March 15, 2023, in an ATI "redline" explanation to the March 14, 2023, Request for Information (RFI) after exiting the Facility on March 9, 2023:
A complete electronic copy of your current Stormwater Pollution Prevention Plan (SWPPP), inclusive of all on-site inspection reports for the previous two (2) years. - ATI's coverage under permit ARR00B472 ended after obtaining coverage under permit AR0053236. Coverage under this new permit eliminated the need for a SWPPP at this facility as well as the related quarterly inspections.
An electronic copy of your Processed Water permit. - NPDES permit AR0053236 attached above.
A current copy of the facility Site Map delineating the total foot-print area, locations/volumes of the on-site fuel storage tanks, and outfalls. - I believe you already have copies of some other site maps which provided water flow direction, ditches, and facility information. I attempted to add this information to those maps, but it ended up getting cluttered and looking bad. I thought it would be easier to create a separate document for this information that will be included with the other maps. Please let me know if you would rather have them combined into one, and I can try and have someone more adept at Google Earth/PDFs combine them.
An electronic copy of your Spill Prevention, Control, and Countermeasure (SPCC) pertaining to your on-site fuel storage. - We are in the process of completing some secondary containments
5
Anthony Timberlands/Bearden
Permit # ARR00B472 Inspection Date 03/09/2023
set up. We hope to have these done within the next 60 days so we can submit the SPCC as soon as possible. Electronic copies of your Stormwater Annual Report (SWAR) for the previous two (2) years (2021 and 2022), inclusive appurtenant analytical analysis - Permit AR0053236 (attached) eliminated the need for SWARs Electronic copies of your calibration and maintenance records for your continuous monitoring instrumentation, inclusive of serial numbers (S/N) - There is no continuous monitoring instrumentation on-site. Section V - LIST OF APPENDICES Appendix 1 - Anthony Timberlands-Bearden Photographic Log- March 9, 2023 Appendix 2 - AEE/DEQ's Recertification Notice of Intent (NOI) (ARR00B472 Appendix 3 - AEE/DEQ Permit AR0053236-Process Water Appendix 4 - ATI Provided Aerial Notation of Bulk Petroleum Storage Tanks Appendix 5 - March 14, 2023, Request for Information (RFI) Response
6
Anthony Timberlands/ Bearden Permit #ARR00B472
Inspection Date 03/09/2023
Appendix 1 Photograph Log
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
Photograph Log
Photo No. 1
Location: Anthony Timberlands- Malvern
City: Bearden
County/Parish: Ouachita
State: Arkansas
Photograph within the Bearden facility upgradient of the railway access above the top of the photograph. Note: the sheen at the left side of the photograph and the run-off into an open earthen lined conduit. (DSCN2480) Photographed by C. Sherwood
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
Photograph Log
Photo No. 2
Location: Anthony Timberlands- Malvern
City: Bearden
County/Parish: Ouachita
State: Arkansas
View of visible sheen at land surface was observed at various locations. (DSCN2481) photographed by C. Sherwood.
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
Photograph Log
Photo No. 3
Location: Anthony Timberlands- Malvern
City: Bearden
County/Parish: Ouachita
State: Arkansas
Photograph within the Bearden facility upgradient of the railway access and roadway. Note: the debris and the run-off into an open earthen lined conduit. (DSCN2484) Photographed by C. Sherwood
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
Photograph Log
Photo No. 4
Location: Anthony Timberlands- Malvern
City: Bearden
County/Parish: Ouachita
State: Arkansas
The stormwater wattles installed/placed throughout various locations of the facility were irregularly spaced, small in diameter and not staked in typical industry methodology. (DSCN2488) Photographed by C. Sherwood.
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
Photograph Log
Photo No. 5
Location: Anthony Timberlands- Malvern
City: Bearden
County/Parish: Ouachita
State: Arkansas
Housekeeping, inclusive of staged debris and what appears to be wood processing waste (sawdust, etc.) throughout the facility that could potentially contribute to vermin attraction. (DSCN2493) Photographed by C. Sherwood.
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
Photograph Log
Photo No. 6
Location: Anthony Timberlands- Malvern
City: Bearden
County/Parish: Ouachita
State: Arkansas
Another housekeeping photograph, representative of staged debris and what appears to be wood processing waste (sawdust, etc.) throughout the facility that could potentially contribute to vermin attraction and discharge debris into a wetlands area. (DSCN2507) Photographed by C. Sherwood.
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
Photograph Log
Photo No. 7
Location: Anthony Timberlands- Malvern
City: Bearden
County/Parish: Ouachita
State: Arkansas
Another housekeeping photograph, representative of staged debris and what appears to be wood processing waste (sawdust, etc.) throughout the facility that could potentially contribute to vermin attraction and discharge debris into a wetlands area. (DSCN2509) Photographed by C. Sherwood.
Anthony Timberlands/ Bearden
Permit # ARR00B472 Inspection Date 03/09/2023
Appendix 2 Anthony Timberlands-Bearden
AEE/DEQ Recertification Notice of Intent (NOI)
Permit Tracking Number: ARR00B472 AFIN: 52-00035
NOTICE OF COVERAGE (NOC) INDUSTRIAL STORMWATER GENERAL PERMIT ARR000000
Attn: Steven Anthony, President Anthony Timberlands, Inc. PO Box 137 Bearden, AR 71720
The Recertification Notice of Intent (NOI) for coverage under the renewal Industrial Stormwater General Permit (effective July 1, 2019) was received on January 18, 2019, and has been reviewed. The facility will continue coverage under the previously assigned permit tracking number and AFIN noted below. Any permit-related correspondence must include these numbers. This NOC is issued in reliance upon the statements and representations made in the submittal for the following facility:
Permittee (Legal Name): Facility Name: Permit Tracking No.: AFIN: Industrial Sector: Facility Address: Facility Coordinates:
Anthony Timberlands, Inc. Anthony Timberlands, Inc. ARR00B472 52-00035 A1 111 South Plum St., Bearden, AR 71720 in Ouachita County Latitude: 33 43' 20" N; Longitude 92 37' 00" W
The Department has no responsibility for adequacy or proper function of the Best Management Practices (BMPs) implemented under the terms of this permit. Compliance with all conditions and limitations of the renewal general permit is required. Please be advised that the renewal permit contains monitoring requirements. Under the renewal general permit, you must keep the Stormwater Annual Report (SWAR) Form at the facility (submittal to the Department is not required) and make it available to ADEQ staff upon request. The renewal general permit and Stormwater Annual Report Form to be used effective July 1, 2019 are available on the Department's website at the address below:
https://www.adeq.state.ar.us/water/permits/npdes/stormwater/
Discharges allowed by the permit shall only occur at the following outfalls:
Outfall 001: Latitude 33 43' 06" N, Longitude 92 37' 16" W
Renewal Coverage Effective Date: Expiration Date:
July 1, 2019 June 30, 2024
Bryan Leamons, P.E. Senior Operations Manager Office of Water Quality
4/3/2019 Issue Date
ARKANSAS DEPARTMENT OF ENVIRONMENTAL QUALITY 5301 NORTHSHORE DRIVE / NORTH LITTLE ROCK / ARKANSAS 72118-5317
TELEPHONE 501-682-0744 / FAX 501-682-0880 / www.adeq.state.ar.us
Permit Number ARROOOOOO
AUTHORIZATION TO DISCHARGE STORMWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM AND THE ARKANSAS WATER
AND AIR POLLUTION CONTROL ACT
In accordance with the provisions of the Arkansas Water and Air Pollution Control Act (Ark. Code Ann. 8-4-101 et seq.), and the Clean Water Act (33 U.S.C. 1251 et seq.),
Facilities Discharging Stormwater Associated With Industrial Activity
are authorized to discharge to all receiving waters except as stated in Part 1.8 (Limitations on Coverage) in accordance with eligibility requirements, Notice of Intent (NOI) requirements, Stormwater Pollution Prevention Plan (SWPPP) requirements, effluent limitations, monitoring requirements, and other conditions set forth in this permit.
For facilities that are eligible for coverage under this Stormwater Industrial General Permit (IGP), the Department sends a Notice of Coverage (NOC) with tracking permit number starting with ARROO to the facility. The NOC includes the Department's determination that a facility is covered under this permit, and may specify alternate requirements outlined in the permit.
Effective Date: Expiration Date:
07/0112019 06/30/2024
CalebJ.O(Jf)~
Associate Director Office of Water Quality Arkansas Department of Environmental Quality
Issuance Date
Table of Contents Permit Number ARR000000
TABLE OF CONTENTS
PART 1: PERMIT REQUIREMENTS ...................................................................................................................................................... 1
PART 2: AUTHORIZATION UNDER THIS PERMIT ......................................................................................................................... 10
PART 3: BEST MANAGEMENT PRACTICES, LIMITATIONS AND MONITORING REQUIREMENTS ..................................... 13
PART 4: STORMWATER POLLUTION PREVENTION PLAN (SWPPP).......................................................................................... 24
PART 5: EVALUATIONS AND RECORDKEEPING REQUIREMENTS ........................................................................................... 31
PART 6: TOXICITY TESTING.............................................................................................................................................................. 33
PART 7: STANDARD PERMIT CONDITIONS.................................................................................................................................... 36
PART 8: DEFINITIONS ......................................................................................................................................................................... 41
ABBREVIATIONS
APC&EC - Arkansas Pollution Control and Ecology Commission BAT - best available technology economically achievable BCT - best conventional pollutant control technology BMP - best management practice BOD5 - five-day biochemical oxygen demand BPT - best practicable control technology currently available CFR - Code of Federal Regulations COD - chemical oxygen demand CPP - continuing planning process CWA - Clean Water Act DO - dissolved oxygen ELG - effluent limitation guidelines EPA - United States Environmental Protection Agency ESA - Endangered Species Act FCB - fecal coliform bacteria IGP - Stormwater Industrial General Permit ARR000000 MQL - minimum quantification level NAICS - North American Industry Classification System NPDES - National Pollutant Discharge Elimination System O&G - oil and grease Reg. 2 - APC&EC Regulation No. 2 Reg. 6 - APC&EC Regulation No. 6 Reg. 8 - APC&EC Regulation No. 8 Reg. 9 - APC&EC Regulation No. 9 SIC - standard industrial classification SWPPP - stormwater pollution prevention plan TMDL - total maximum daily load TP - total phosphorus TSS - total suspended solids USF&WS - United States Fish and Wildlife Service USGS - United States Geological Survey WET - whole effluent toxicity WQS - water quality standards
PART 1: PERMIT REQUIREMENTS
Page 1 Part 1 Permit Number ARR000000
1.1 Coverage Under This Permit. This Stormwater Industrial General Permit (IGP) authorizes discharges from facilities composed of stormwater associated with industrial activity, as defined in Part 8.33, where those discharges enter waters of the State, or a Municipal Separate Storm Sewer System (MS4) leading to waters of the State. The purpose of this permit is to minimize the discharge of stormwater pollutants from industrial activity. The operator shall read and understand the conditions of the permit.
1.2 Availability of Permit, Forms, and Information. A copy of this general permit, forms, reference materials, and other information is available on the Stormwater webpage of the ADEQ web site:
https://www.adeq.state.ar.us/water/permits/npdes/stormwater/ .
Hard copies may also be obtained by contacting the General Permits Section of the Office of Water Quality at (501) 682-0623 or by writing to:
General Permits Section Office of Water Quality Arkansas Department of Environmental Quality 5301 Northshore Drive North Little Rock, AR 72118
1.3 Permit Area. This permit includes all areas within the State of Arkansas.
1.4 Eligibility. The following stormwater discharges are eligible for coverage under this permit, unless otherwise made ineligible under Part 1.8:
1.4.1 All new and existing discharges composed entirely of stormwater associated with industrial activity from the facility's primary industrial activity, as defined in Part 8.33, and provided the primary industrial activity is included in Part 1.5.
1.4.2 Discharges designated by the Department as needing a stormwater permit. The Department may notify a facility that a stormwater permit is needed. Any such notice will briefly state the reason for such a decision.
1.4.3 Discharges subject to any of the national stormwater-specific effluent limitations guidelines listed below.
Regulated Discharge
Runoff from material storage piles at cement manufacturing facilities Runoff from phosphate fertilizer manufacturing facilities that comes into contact with any raw materials, finished product, byproducts or waste products (SIC 2874) Runoff from coal storage piles at steam electric generating facilities
Runoff from asphalt emulsion facilities
Runoff from airport deicing at primary airports
Mine dewatering
40 CFR Section Part 411 Subpart C
Part 418, Subpart A
Part 423 Part 443 Subpart A Part 449 Subpart A Part 436 Subparts B and C
1.5 Categories of Facilities Covered by this Permit: This permit is available for stormwater discharges from the following sectors of industrial activities, as well as any discharge not covered under the general sectors that has been identified by the Department as appropriate for coverage. The sector descriptions below are based on Standard Industrial Classification (SIC) Codes and Industrial Activity Codes consistent with the definition of stormwater discharge associated with industrial activity at 40 CFR 122.26(b)(14)(i-ix, xi). Some Industrial Sectors have additional eligibility requirements that must be met before permit coverage is required. Please refer to 40 CFR 122.26(b)(14)(i-ix, xi) for full sector activity descriptions. The sectors are listed in the following table:
Sectors of Industrial Activity Covered by This Permit
Page 2 Part 1 Permit Number ARR000000
Sector and Sub-sector
SIC Code or Activity Code
Activity Represented
SECTOR A: TIMBER PRODUCTS
A1
2421
General Sawmills and Planing Mills
A2
2491
Wood Preserving
A3
2411
Log Storage and Handling
2426
Hardwood Dimension and Flooring Mills
2429
Special Product Sawmills, Not Elsewhere Classified
2431-2439 (except 2434)
Millwork, Veneer, Plywood, and Structural Wood (see Sector W)
A4
2448
Wood Pallets and Skids
2449
Wood Containers, Not Elsewhere Classified
2451, 2452
Wood Buildings and Mobile Homes
2493
Reconstituted Wood Products
2499
Wood Products, Not Elsewhere Classified
A5
2441
Nailed and Lock Corner Wood Boxes and Shook
SECTOR B: PAPER AND ALLIED PRODUCTS
B1
2631
Paperboard Mills
2611
Pulp Mills
2621
Paper Mills
B2
2652-2657
Paperboard Containers and Boxes
2671-2679
Converted Paper and Paperboard Products, Except Containers and Boxes
SECTOR C: CHEMICALS AND ALLIED PRODUCTS
C1
2873-2879
Agricultural Chemicals
C2
2812-2819
Industrial Inorganic Chemicals
C3 2841-2844 Soaps, Detergents, and Cleaning Preparations; Perfumes, Cosmetics, and Other Toilet Preparations
C4 2821-2824 Plastics Materials and Synthetic Resins, Synthetic Rubber, Cellulosic and Other Manmade Fibers Except Glass
Medicinal Chemicals and Botanical Products; Pharmaceutical
2833-2836
Preparations; in vitro and in vivo Diagnostic Substances; and Biological
Products, Except Diagnostic Substances
2851
Paints, Varnishes, Lacquers, Enamels, and Allied Products
2861-2869
Industrial Organic Chemicals
C5
2891-2899
Miscellaneous Chemical Products
3952 (limited to list of inks
and paints)
Inks and Paints, Including China Painting Enamels, India Ink, Drawing Ink, Platinum Paints for Burnt Wood or Leather Work, Paints for China Painting, Artist's Paints and Artist's Watercolors
2911
Petroleum Refining
SECTOR D: ASPHALT PAVING AND ROOFING MATERIALS AND LUBRICANTS
D1
2951, 2952
Asphalt Paving and Roofing Materials
D2
2992, 2999
Miscellaneous Products of Petroleum and Coal
Sectors of Industrial Activity Covered by This Permit
Page 3 Part 1 Permit Number ARR000000
Sector and Sub-sector
SIC Code or Activity Code
Activity Represented
SECTOR E: GLASS, CLAY, CEMENT, CONCRETE, AND GYPSUM PRODUCTS
E1 3251-3259 Structural Clay Products
3261-3269
Pottery and Related Products
E2
3271-3275
Concrete, Gypsum, and Plaster Products
3211
Flat Glass
3221, 3229
Glass and Glassware, Pressed or Blown
E3 3231 Glass Products Made of Purchased Glass
3241
Hydraulic Cement
3281
Cut Stone and Stone Products
3291-3299
Abrasive, Asbestos, and Miscellaneous Nonmetallic Mineral Products
SECTOR F: PRIMARY METALS
F1
3312-3317
Steel Works, Blast Furnaces, and Rolling and Finishing Mills
F2
3321-3325
Iron and Steel Foundries
F3
3351-3357
Rolling, Drawing, and Extruding of Nonferrous Metals
F4
3363-3369
Nonferrous Foundries (Castings)
3331-3339
Primary Smelting and Refining of Nonferrous Metals
F5
3341
Secondary Smelting and Refining of Nonferrous Metals
3398, 3399
Miscellaneous Primary Metal Products
SECTOR G: METAL MINING (ORE MINING AND DRESSING)
G1
1021
Copper Ore and Mining Dressing Facilities
1011
Iron Ores
1021
Copper Ores
1031
Lead and Zinc Ores
G2
1041, 1044
Gold and Silver Ores
1061
Ferroalloy Ores, Except Vanadium
1081
Metal Mining Services
1094, 1099
Miscellaneous Metal Ores
SECTOR H: COAL MINES AND COAL MINING-RELATED FACILITIES
H1
1221-1241
Coal Mines and Coal Mining-Related Facilities
SECTOR I: OIL AND GAS EXTRACTION AND REFINING
1311
Crude Petroleum and Natural Gas
I1
1321
Natural Gas Liquids
1381-1389
Oil and Gas Field Services
SECTOR J: MINERAL MINING AND DRESSING
J1 1442 Construction Sand and Gravel
1446
Industrial Sand
1411
Dimension Stone
J2 1422-1429 Crushed and Broken Stone, Including Rip Rap
1481
Nonmetallic Minerals Services, Except Fuels
1499
Miscellaneous Nonmetallic Minerals, Except Fuels
Sectors of Industrial Activity Covered by This Permit
Page 4 Part 1 Permit Number ARR000000
Sector and Sub-sector
SIC Code or Activity Code
Activity Represented
1455, 1459
Clay, Ceramic, and Refractory Materials
J3
1474-1479
Chemical and Fertilizer Mineral Mining
SECTOR K: HAZARDOUS WASTE TREATMENT, STORAGE, OR DISPOSAL FACILITIES
Hazardous Waste Treatment, Storage, or Disposal Facilities, including
K1
HZ
those that are operating under interim status or a permit under subtitle C
of RCRA
SECTOR L: LANDFILLS, LAND APPLICATION SITES, AND OPEN DUMPS
L1 LF Municipal Solid Waste Landfill (MSWLF) Areas Closed in Accordance with 40 CFR 258.60
All Landfill, Land Application Sites and Open Dumps, except
L2
LF
Municipal Solid Waste Landfill (MSWLF) Areas Closed in Accordance
with 40 CFR 258.60
SECTOR M: AUTOMOBILE SALVAGE YARDS
M1
5015
Automobile Salvage Yards
SECTOR N: SCRAP RECYCLING FACILITIES
N1 5093 Scrap Recycling and Waste Recycling Facilities except SourceSeparated Recycling
N2
5093
Source-separated Recycling Facility
SECTOR O: STEAM ELECTRIC GENERATING FACILITIES
O1
SE
Steam Electric Generating Facilities, including coal handling sites
SECTOR P: LAND TRANSPORTATION AND WAREHOUSING
4011, 4013
Railroad Transportation
4111-4173
Local and Highway Passenger Transportation
P1
4212-4231
Motor Freight Transportation and Warehousing
4311
United States Postal Service
5171
Petroleum Bulk Stations and Terminals
SECTOR Q: WATER TRANSPORTATION
Q1
4412-4499
Water Transportation Facilities
SECTOR R: SHIP AND BOAT BUILDING AND REPAIRING YARDS
R1
3731, 3732
Ship and Boat Building or Repairing Yards
SECTOR S: AIR TRANSPORTATION FACILITIES
S1
4512-4581
Air Transportation Facilities
SECTOR T: TREATMENT WORKS
Treatment Works treating domestic sewage or any other sewage sludge or wastewater treatment device or system, used in the storage, treatment, recycling, and reclamation of municipal or domestic sewage, including land dedicated to the disposal of sewage sludge that are located within T1 TW the confines of the facility, with a design flow of 1.0 MGD or more, or required to have an approved pretreatment program under 40 CFR Part 403. Not included are farm lands, domestic gardens or lands used for sludge management where sludge is beneficially reused and which are not physically located in the confines of the facility, or areas that are in compliance with section 405 of the CWA.
Sectors of Industrial Activity Covered by This Permit
Page 5 Part 1 Permit Number ARR000000
Sector and Sub-sector
SIC Code or Activity Code
Activity Represented
SECTOR U: FOOD AND KINDRED PRODUCTS
U1
2041-2048
Grain Mill Products
U2
2074-2079
Fats and Oils Products
2011-2015
Meat Products
2021-2026
Dairy Products
2032-2038
Canned, Frozen, and Preserved Fruits, Vegetables, and Food Specialties
2051-2053
Bakery Products
U3
2061-2068
Sugar and Confectionery Products
2082-2087
Beverages
2091-2099
Miscellaneous Food Preparations and Kindred Products
2111-2141
Tobacco Products
SECTOR V: TEXTILE MILLS, APPAREL, AND OTHER FABRIC PRODUCT MANUFACTURING; LEATHER AND LEATHER PRODUCTS
2211-2299
Textile Mill Products
Apparel and Other Finished Products Made from Fabrics and Similar
V1
2311-2399
Materials
3131-3199
Leather and Leather Products (note: see Sector Z1 for Leather Tanning and Finishing)
SECTOR W: FURNITURE AND FIXTURES
2434
Wood Kitchen Cabinets
W1
2511-2599
Furniture and Fixtures
SECTOR X: PRINTING AND PUBLISHING
X1
2711-2796
Printing, Publishing, and Allied Industries
SECTOR Y: RUBBER, MISCELLANEOUS PLASTIC PRODUCTS, AND MISCELLANEOUS MANUFACTURING INDUSTRIES
3011
Tires and Inner Tubes
3021
Rubber and Plastics Footwear
Y1 3052, 3053 Gaskets, Packing and Sealing Devices, and Rubber and Plastic Hoses and Belting
3061, 3069
Fabricated Rubber Products, Not Elsewhere Classified
3081-3089
Miscellaneous Plastics Products
3931
Musical Instruments
3942-3949
Dolls, Toys, Games, and Sporting and Athletic Goods
3951-3955
Y2
(except 3952 -
Pens, Pencils, and Other Artists' Materials
see Sector C)
3961, 3965
Costume Jewelry, Costume Novelties, Buttons, and Miscellaneous Notions, Except Precious Metal
3991-3999
Miscellaneous Manufacturing Industries
SECTOR Z: LEATHER TANNING AND FINISHING
Z1
3111
Leather Tanning and Finishing
Sectors of Industrial Activity Covered by This Permit
Page 6 Part 1 Permit Number ARR000000
Sector and Sub-sector
SIC Code or Activity Code
Activity Represented
SECTOR AA: FABRICATED METAL PRODUCTS
3411-3499
Fabricated Metal Products, Except Machinery and Transportation
AA1
(except 3479)
Equipment, and Coating, Engraving, and Allied Services.
3911-3915
Jewelry, Silverware, and Plated Ware
AA2
3479
Fabricated Metal Coating and Engraving
SECTOR AB: TRANSPORTATION EQUIPMENT, INDUSTRIAL OR COMMERCIAL MACHINERY
3511-3599
Industrial and Commercial Machinery, Except Computer and Office
AB1 (except 3571-3579) Equipment (see Sector AC)
3711-3799
Transportation Equipment Except Ship and Boat Building and Repairing
(except 3731, 3732) (see Sector R)
SECTOR AC: ELECTRONIC, ELECTRICAL, PHOTOGRAPHIC, AND OPTICAL GOODS
3571-3579
Computer and Office Equipment
Measuring, Analyzing, and Controlling Instruments; Photographic and
AC1
3812-3873
Optical Goods, Watches, and Clocks
3612-3699
Electronic and Electrical Equipment and Components, Except Computer Equipment
SECTOR AD: NON-CLASSIFIED FACILITIES
Other stormwater discharges designated by the Director as needing a permit (see 40 CFR AD1 122.26(a)(9)(i)(C) & (D)) or any facility discharging stormwater associated with industrial
activity not described by any of Sectors A-AC. NOTE: Facilities may not elect to be covered under Sector AD. Only the Director may assign a facility to Sector AD.
Page 7 Part 1 Permit Number ARR000000
1.6 Allowable Non-stormwater Discharges. The following non-stormwater discharges are authorized by this permit:
1.6.1 1.6.2 1.6.3 1.6.4 1.6.5
1.6.6 1.6.7
1.6.8 1.6.9 1.6.10
1.6.11
1.6.12 1.6.13
1.6.14 1.6.15
discharges from emergency firefighting activities; fire hydrant flushings; potable water sources including waterline flushings; runoff from irrigation using non-process water; landscape watering provided all pesticides, herbicides, and fertilizers have been applied in accordance with the approved labeling; uncontaminated routine external building washdown which does not use detergents; uncontaminated pavement wash waters where spills or leaks of toxic or hazardous materials have not occurred (unless all spilled material has been removed) and where detergents are not used; air compressor condensate; steam condensate; uncontaminated condensate from air conditioners, coolers, and other compressors and from the outside storage of refrigerated gases or liquids (such as the discharge of thawed condensate from the surface of liquid nitrogen tanks stored outdoors); incidental windblown mist from cooling towers that collects on rooftops or adjacent portions of the facility, but not intentional discharges from the cooling tower (e.g., "piped" cooling tower blowdown or drains); uncontaminated ground water or spring water (See Note Below); foundation or footing drains where flows are not contaminated with process materials such as solvents, or other toxic or hazardous material (see Note below); excavation dewatering (see Note below and the definition in Part 8.11); and non-process water used for dust suppression on uncontaminated roads.
NOTE: There shall be no turbid discharges to surface waters of the state resulting from dewatering activities. If trench or ground waters contain sediment, it must pass through a sediment settling pond or other equally effective sediment control device, prior to being discharged. Alternatively, sediment may be removed by settling in place or by dewatering into a sump pit, filter bag, or comparable practice. Ground water dewatering which does not contain sediment or other pollutants is not required to be treated prior to discharge. However, care must be taken when discharging ground water to ensure that it does not become pollutant-laden by traversing over disturbed soils or other pollutant sources.
1.7 Conditional No Exposure Exclusion. In accordance with 40 CFR 122.26(g), a No Exposure Exclusion is a conditional exclusion applicable to all categories of industrial activity (except construction activity) with no exposure of industrial materials and activities to stormwater. All facilities with point source discharges composed entirely of stormwater associated with industrial activity that satisfy criteria of no exposure and complete the No Exposure Exclusion Certification Form will be able to obtain exclusion from this general permit. The Exclusion is available on a facility-wide basis only, not for individual outfalls. If any industrial activities or materials are or will be exposed to precipitation, the facility is not eligible for the No Exposure Exclusion. To apply for a No Exposure Exclusion, a complete and accurate No Exposure Exclusion Certification Form and an initial permit fee as required under the provisions of Reg. 9 should be submitted. Subsequent annual fees will be billed by the Department. Facilities operating under a 2014 Industrial Stormwater General Permit No Exposure Exclusion must submit a Recertification NOI under Part 2.2, assuming the facility still qualifies for the exclusion.
1.8 Limitations on Coverage (Exclusions). The following stormwater discharges associated with industrial activity are not covered by this permit:
1.8.1 Discharges Mixed with Non-Stormwater. Stormwater discharges associated with industrial activity that are mixed with sources of non-stormwater, except for non-stormwater discharges that are identified by and in compliance with Part 1.6 of the permit.
Page 8 Part 1 Permit Number ARR000000
1.8.2 Stormwater Discharges Associated with Construction Activity. Stormwater discharges associated with construction activity disturbing one acre or more are not eligible for coverage under this permit, even if a permittee currently has coverage under this permit.
1.8.3
Discharges Currently Covered by Another Permit. A facility is not eligible for coverage under this permit unless stormwater requirements from the individual permit can be transferred to this general permit. In order to avoid conflict with the "anti-backsliding" provisions of the Clean Water Act (CWA), a permit transfer will only be allowed where the outfall in the individual permit did not contain numeric water quality-based limitations with an exception of pH. A pH range limit would not necessarily be considered a water-quality based limit unless developed to address known discharge problems at a particular facility. Compliance with the numeric limitations under the individual permit could also be criteria for eligibility to transfer from an individual permit to the general permit.
1.8.4 Discharges Subject to Effluent Guidelines. Stormwater discharges associated with industrial activity from facilities which are subject to existing effluent guideline limitations addressing stormwater with the exception of those listed in Part 1.4.3.
1.8.5 Discharges into Impaired Receiving Waters (303(d) List). Discharges from a facility into receiving waters listed as impaired under Section 303(d) of the Clean Water Act are not eligible for coverage under this permit, unless the permittee:
1.8.5.1 1.8.5.2
documents that the pollutant(s) for which the waterbody is impaired is not present in the facility's stormwater discharge(s) and retain documentation of the finding with the SWPPP; or incorporate into the SWPPP any additional BMPs needed: 1.8.5.2.1 to prevent to the maximum extent practicable exposure of pollutants to stormwater for
which the waterbody is impaired; and 1.8.5.2.2 to sufficiently protect water quality.
Please note that the Department will review this information. If it is determined that the facility will discharge to an impaired water body, then the Department may include additional requirements.
1.8.6 Discharges into Receiving Waters with an Approved TMDL. Discharges from a facility into receiving waters for which there is an established Total Maximum Daily Load (TMDL) allocation are not eligible for coverage under this permit unless:
1.8.6.1 the permittee develops and certifies a SWPPP that is consistent with the assumptions and requirements in the approved TMDL; and
1.8.6.2 if a specific numeric wasteload allocation has been established that would apply to the facility's discharges, the operator must incorporate that allocation into its SWPPP and implement necessary steps to meet that allocation.
Please note that the Department will be reviewing this information. If it is determined that the facility will discharge to receiving waters with an approved TMDL, then the Department may require additional BMPs.
1.8.7 Direct Discharges into an Extraordinary Resource Water (ERW), Natural and Scenic Waterway (NSW), or Ecologically Sensitive Waterbody (ESW). Discharges from a facility directly into receiving waters which are listed as an ERW, NSW, or ESW under the authority of Reg. 2 are not eligible for coverage under this permit unless:
1.8.7.1 the permittee develops and certifies a SWPPP that includes additional BMPs needed to prevent to the maximum extent practicable exposure of pollutants to stormwater that could potentially impact water quality.
Page 9 Part 1 Permit Number ARR000000
Please note that the Department will review this information. If it is determined that the facility will discharge to an ERW, NSW, or ESW, then the Department may require additional BMPs.
1.8.8 Discharges that the Department has determined will cause impairment or has reason to believe will compromise Water Quality Standards. Discharges from a facility into receiving waters which the Department has determined will cause an impairment, or has reason to believe will compromise Water Quality Standards, are not eligible for coverage under this permit unless:
1.8.8.1 the permittee develops and certifies a SWPPP that includes additional BMPs needed to prevent to the maximum extent practicable exposure of pollutants to stormwater that could potentially impact water quality.
Please note that the Department will review this information. If it is determined that the facility will cause an impairment, or will compromise Water Quality Standards, then the Department may require additional requirements.
1.8.9 Discharges containing polychlorinated biphenyls (PCBs). Discharges of stormwater known to contain PCBs are not eligible for coverage under this permit. Stormwater discharges containing PCBs must be covered under a separate NPDES permit, discharged to a sanitary sewer in accordance with applicable industrial pretreatment requirements, or disposed of otherwise in accordance with applicable law.
Page 10 Part 2
Permit Number ARR000000
PART 2: AUTHORIZATION UNDER THIS PERMIT
2.1 How to Obtain Authorization. To obtain authorization under this permit, one must:
2.1.1 Meet the Part 1.4 eligibility requirements.
2.1.2 Develop a SWPPP according to the requirements in Part 4 of the permit and select, design, install, and implement control measures to meet effluent limitations, water quality standards, and parameter benchmark values.
2.1.3 Submit a complete and accurate Application Package in accordance with Part 2.2, and an initial permit fee as required under the provisions of Reg. 9. Subsequent annual fees will be billed by the Department.
Timeframes for discharge authorization are contained in the table below. Unless notified by the Director to the contrary, Operators who submit such notifications are authorized to discharge stormwater associated with industrial activity under the terms and conditions of this permit after receipt of the Stormwater Industrial General Permit (IGP) Notice of Coverage (NOC).
2.2 Notice of Intent (NOI) Deadlines. Facilities that intend to obtain coverage for stormwater discharges from industrial activity under this general permit or have received authorization to discharge under a previously issued industrial general permit must submit an Application Package and perform additional actions in accordance with the following:
Category
Deadline for Submittal Application Package
Other Required Actions
Minimum thirty (30)
New dischargers
days prior to commencement of
1. Completed NOI 2. SWPPP 1
NONE
stormwater discharge 3. Permit Fee
from the facility.
Update SWPPP, as necessary, to
Existing dischargers The effective date of
under 2014 IGP
this permit.
1. Completed Recertification NOI
comply with the requirements of Part 4 by the effective date of this permit (Submittal of updated
SWPPP is not required.)
New dischargers - No Exposure
Minimum thirty (30) days prior to commencement of stormwater discharge from the facility.
1. Completed No Exposure Exclusion Certification Form
2. Permit Fee
NONE
Existing dischargers
under 2014 IGP with The effective date of
No Exposure
this permit.
1. Completed Recertification NOI
NONE
Exclusion
Existing dischargers Maximum thirty (30)
with No Exposure Exclusion who no
days after knowledge of 1. Completed NOI
disqualification from
2. SWPPP1
NONE
longer qualify for No Exposure
Exclusion
Exclusion.
1 The Department understands that the SWPPP is a living document and the version submitted with an initial
NOI may have portions that are not finalized. All required SWPPP sections must be included in the SWPPP
submitted with the application package (even if they are not finalized), and the SWPPP must be certified as
required under Part 7.8.
Page 11 Part 2
Permit Number ARR000000
2.3 Contents of the Notice of Intent. The Notice of Intent includes, at a minimum, the following:
2.3.1 2.3.2 2.3.3 2.3.4 2.3.5
2.3.6 2.3.7 2.3.8 2.3.9
Permittee Name (Legal Applicant), Permittee, Address, Type, and Telephone Number Invoice Contact Person, Mailing Information, and Telephone Number Facility Name, Mailing Address, Location, Latitude, Longitude, SIC Codes, Description of Business/Process Facility Contact Person and Phone Number Outfall information specific to each and every outfall, including outfall name or number as indicated on site map(s) in the SWPPP, latitude, longitude, and receiving waterbody information. Similar outfall information Other information (i.e. Consulting Name, Address, and Telephone Number) Certification and Signature of Permittee Cognizant Official
2.4 Where to Submit. A complete package should be submitted to the Department at the following address:
General Permits Section Office of Water Quality Arkansas Department of Environmental Quality 5301 Northshore Drive North Little Rock, AR 72118
or via ePortal at the following web address: https://eportal.adeq.state.ar.us/
or by email to: Water-permit-application@adeq.state.ar.us. Complete documents (NOI, Recertification NOI, No Exposure Exclusion Certification Form, or SWPPP) must be submitted in Adobe Acrobat (.pdf) format.
Unless otherwise specified by the Department, the above mailing address should be used for all correspondence.
NOTE: A Notice of Coverage (NOC) will not be issued until payment has been received by the Department.
2.5 Additional Notification. Facilities which discharge stormwater associated with industrial activity to a small, medium, or large Municipal Separate Storm Sewer System (MS4), as defined in Parts 8.17 and 8.28 of this permit, must submit a copy of the Notice of Intent to the operator of the MS4 within the deadlines provided in Part 2.2 of this permit.
2.6 Change of Facility Name, Ownership, or Authorization.
Facilities that are authorized under this permit, which undergo a change in ownership, facility name, or signatory authorization (i.e., a new cognizant official, responsible person, etc.), must submit a Permit Transfer form to the Department. A Permit Transfer form can be obtained from the General Permits Section of the Office of Water Quality of the ADEQ website at: www.adeq.state.ar.us. For an ownership change, the permit transfer form must be submitted a minimum of 30 days prior to the date the transfer to the new operator will take place. The new owner must comply with the existing permit for the facility during the interim period.
2.7 Terminating Coverage.
2.7.1 Submitting a Notice of Termination. To terminate permit coverage, the permittee must submit a complete and accurate Notice of Termination (NOT). A Notice of Termination form may be obtained from the ADEQ website at: www.adeq.state.ar.us. The permittee is responsible for meeting the terms of this permit until the acceptance of the termination of authorization by the Department.
Page 12 Part 2
Permit Number ARR000000
2.7.2 When to Submit a Notice of Termination.
The permittee must submit a Notice of Termination after:
2.7.2.1 The facility has ceased operations, stabilized exposed soils related to industrial activities that have the potential to cause a discharge of sediment, and there are not or no longer will be discharges of stormwater associated with industrial activity from the facility; or
2.7.2.2 The facility has obtained coverage under an individual or alternative general permit for all discharges required to be covered by an NPDES permit.
Page 13 Part 3
Permit Number ARR000000
PART 3: BEST MANAGEMENT PRACTICES, LIMITATIONS AND MONITORING REQUIREMENTS
3.1. Best Management Practices. All facilities must comply with the following BMPs. Parts 3.1.1 through 3.1.11 are considered part of every facility's SWPPP unless the permittee has incorporated into the SWPPP adequate justification or data indicating why the BMP does not apply to the facility or the facility's stormwater discharges. BMPs are primarily to be used by the facility as the factors to consider when attempting to prevent pollutants from leaving the facility via stormwater exposed to industrial activities.
3.1.1.
Minimize Exposure. The operator must take actions as appropriate to minimize the exposure of potential sources of pollutants in the manufacturing, processing, and material storage areas (including loading and unloading, storage, disposal, cleaning, maintenance, and fueling operations) to rain, snow, snowmelt, and runoff by either locating these industrial materials and activities inside or protecting them with storm resistant coverings (although significant enlargement of impervious surface area is not recommended). In minimizing exposure, the operator should pay particular attention to the following:
use grading, berms, or curbing to prevent runoff of contaminated flows and divert run-on away from these areas;
locate materials, equipment, and activities so that leaks are contained in existing containment and diversion systems (confine the storage of leaky or leak-prone vehicles and equipment awaiting maintenance to protected areas);
clean up spills and leaks promptly using dry methods (e.g., absorbents) to prevent the discharge of pollutants;
use drip pans and absorbents under or around leaky vehicles and equipment or store indoors where feasible;
use spill/overflow protection equipment; drain fluids from equipment and vehicles prior to on-site storage or disposal; perform all cleaning operations indoors, under cover, or in bermed areas that prevent runoff and run-on
and also that capture any overspray; and ensure that all washwater drains to a proper collection system (i.e., not the stormwater drainage system).
The discharge of vehicle and equipment washwater, including tank cleaning operations, is not authorized by this permit. These wastewaters must be covered under a separate NPDES permit, discharged to a sanitary sewer in accordance with applicable industrial pretreatment requirements, or disposed of otherwise in accordance with applicable law.
Note: Industrial materials do not need to be enclosed or covered if stormwater runoff from affected areas will not be discharged to receiving waters or if discharges are authorized under another NPDES permit.
3.1.2. Good Housekeeping. The operator must incorporate good housekeeping practices in an effort to keep clean all exposed areas that are potential sources of pollutants, using measures including, but not limited to, sweeping at regular intervals, keeping materials orderly and labeled, and storing materials in appropriate containers.
3.1.3.
Maintenance. The operator must regularly inspect, test, maintain, and repair all industrial equipment and systems to avoid situations that may result in leaks, spills, and other releases of pollutants in stormwater discharged to receiving waters. The operator must maintain all control measures that are used in the implementation of the Best Management Practices or to achieve the effluent limits required by this permit in effective operating condition. Nonstructural control measures must also be diligently maintained (e.g., spill response supplies available, personnel appropriately trained). If the operator finds that the control measures need to be replaced or repaired, the operator must make the necessary repairs or modifications as expeditiously as practicable.
Page 14 Part 3
Permit Number ARR000000
3.1.4. Spill Prevention and Response Procedures. The operator must minimize the potential for leaks, spills and other releases that may be exposed to stormwater and develop plans for effective response to such spills if or when they occur. At a minimum, the operator must implement:
Procedures for plainly labeling containers (e.g., "Used Oil," "Spent Solvents," "Fertilizers and Pesticides," etc.) that could be susceptible to spillage or leakage to encourage proper handling and facilitate rapid response if spills or leaks occur;
Preventative measures such as barriers between material storage and traffic areas, secondary containment provisions, and procedures for material storage and handling;
Procedures for expeditiously stopping, containing, and cleaning up leaks, spills, and other releases. Employees who may cause, detect, or respond to a spill or leak must be trained in these procedures and have necessary spill response equipment available. If possible, one of these individuals should be a member of the stormwater pollution prevention team (see Part 4.2.2); and
Procedures for notification of appropriate facility personnel, emergency response agencies, and regulatory agencies. Where a leak, spill, or other release containing a hazardous substance or oil in an amount equal to or in excess of a reportable quantity established under either 40 CFR Part 110, 40 CFR Part 117, or 40 CFR Part 302, occurs during a 24-hour period, the operator must notify the National Response Center (NRC) at (800) 424-8802 in accordance with the requirements of 40 CFR Part 110, 40 CFR Part 117, and 40 CFR Part 302 as soon as the operator has knowledge of the discharge. Local requirements may necessitate reporting spills or discharges to local emergency response, public health, or drinking water supply agencies. Contact information must be in locations that are readily accessible and available.
3.1.5.Erosion and Sediment Controls. The operator must stabilize exposed areas and control runoff using structural or non-structural control measures to minimize onsite erosion and sedimentation, and the resulting discharge of pollutants. Among other actions the operator must take to meet this limit, the operator must place flow velocity dissipation devices at discharge locations and within outfall channels where necessary to reduce erosion or settle out pollutants. In selecting, designing, installing, and implementing appropriate control measures, the operator is encouraged to consult with EPA's web-based resources relating to BMPs for erosion and sedimentation, including the sector-specific Industrial Stormwater Fact Sheet Series (https://www.epa.gov/npdes/industrial-stormwater-fact-sheet-series), National Menu of Best Management Practices (BMPs) for Stormwater (https://www.epa.gov/npdes/national-menu-best-management-practicesbmps-stormwater#edu), and Urban Runoff: National Management Measures (https://www.epa.gov/nps/urban-runoff-national-management-measures), and any similar publications.
3.1.6.
Management of Runoff. The operator must implement appropriate measures to manage the runoff from the property in such a manner as to minimize the pollutants in the discharge. These measures may include, but are not limited to, the diversion of the runoff away from areas where pollutants may be present or the reuse of stormwater runoff where practicable, by the use of measures that divert the runoff, contain the runoff, or allow for reuse of the runoff. In selecting, designing, installing, and implementing appropriate control measures, the operator is encouraged to consult with EPA's web-based resources relating to runoff management, including the sector-specific Industrial Stormwater Fact Sheet Series (https://www.epa.gov/npdes/industrial-stormwater-fact-sheet-series), National Menu of Best Management Practices (BMPs) for Stormwater (https://www.epa.gov/npdes/national-menu-best-management-practicesbmps-stormwater#edu), and Urban Runoff: National Management Measures (https://www.epa.gov/nps/urban-runoff-national-management-measures), and any similar publications.
3.1.7.
Salt Storage Piles or Piles Containing Salt. The operator must enclose or cover storage piles of salt, or piles containing salt, used for deicing or other commercial or industrial purposes, including maintenance of paved surfaces. The operator must implement appropriate measures (e.g., good housekeeping, diversions, containment) to minimize exposure resulting from adding to or removing materials from the pile. Piles do not need to be enclosed or covered if stormwater runoff from the piles is not discharged or if discharges from the piles are authorized under another NPDES permit.
Page 15 Part 3
Permit Number ARR000000
3.1.8.
Employee Training. The operator must train all employees who work in areas where industrial materials or activities are exposed to stormwater, or who are responsible for implementing activities necessary to meet the conditions of this permit (e.g., inspectors, maintenance personnel), including all members of the Pollution Prevention Team. Training for employees whose job duties include implementation of pollution prevention measures or Stormwater Pollution Prevention Team members must cover both the specific control measures used in the implementation of the BMPs in this Part, and monitoring, inspection, planning, reporting, and documentation requirements in other parts of this permit. Training for employees who work in areas where industrial materials or activities are exposed to stormwater, but whose job duties do not include implementation of pollution prevention measures should cover the specific control measures and BMPs used in the facility area in which they work. The Department recommends training be conducted at least annually (or more often if employee turnover is high).
3.1.9. Non-Stormwater Discharges. The operator must eliminate non-stormwater discharges not authorized by an NPDES permit. See Part 1.6 for a list of non-stormwater discharges authorized by this permit.
3.1.10. Waste, Garbage and Floatable Debris. The operator must take actions as appropriate to ensure that waste, garbage, and floatable debris are not discharged to receiving waters by keeping exposed areas free of such materials or by intercepting them before they are discharged.
3.1.11. Dust Generation and Vehicle Tracking of Industrial Materials. The operator must take actions as appropriate to minimize generation of dust and off-site tracking of raw, final, or waste materials.
3.2. Water Quality Standards. Any discharge of stormwater associated with industrial activity must be controlled as necessary to meet applicable water quality standards. New discharges or increased loadings from existing discharges must be consistent with the Arkansas Anti-Degradation Policy in Reg. 2. The Department expects that compliance with the other conditions in this permit will control discharges as necessary to meet applicable water quality standards. If at any time the facility becomes aware, or the Department determines, that the facility's discharge causes or contributes to an exceedance of applicable water quality standards, the permittee must take corrective action as required, document the corrective actions as required, and report the corrective actions to the Department.
3.3. Numeric Effluent Limitations based on Effluent Limitations Guidelines. Permittees subject to one of the Effluent Limitation Guidelines identified in Part 1.4.3 must comply with the following limits:
3.3.1. The effluent limits referenced in the table below must be met, based on whether a facility has stormwater associated with the industrial activities listed below:
CFR Industry
Category
Subcategory
Cement Manufacturing
40 CFR 411
Runoff from material storage piles
Fertilizer Manufacturing
40 CFR 418
Runoff from phosphate fertilizer manufacturing facilities that comes into contact with any raw materials, finished product, byproducts or waste products
Parameter pH
Total Suspended Solids (TSS) pH
Total Phosphorus
Fluoride
Limitation
6.0-9.0 s.u. 50 mg/l
(Daily Max) 6.0-9.0 s.u. 105 mg/l (Daily Max)
35 mg/l (30-day Avg)
75 mg/l (Daily Max)
25 mg/l (30-day Avg)
Monitoring Requirements
Frequency Sample Type
once/year
grab
once/year
grab
once/year
grab
once/year
grab
once/year
grab
once/year
grab
once/year
grab
Page 16 Part 3
Permit Number ARR000000
CFR Industry
Category
Subcategory
Parameter
Limitation
Monitoring Requirements Frequency Sample Type
Steam powered electric power
generating 40 CFR 423
Runoff from coal piles
pH TSS1
6.0-9.0 s.u.
once/year
grab
50 mg/l
once/year
grab
(Daily Max)
Paving and roofing materials
(tars and asphalt) 40 CFR 443
Runoff from manufacturing of asphalt paving or roofing emulsion
23 mg/l
once/year
grab
TSS (Daily Max)
15.mg/l
once/year
grab
(30-day Avg)
pH
6.0-9.0 s.u.
once/year
grab
15 mg/l
once/year
grab
Oil & Grease
(Daily Max)
10 mg/l
once/year
grab
(30-day Avg)
Airport Deicing 40 CFR 449
Airport Deicing at Primary Airports2,3
Ammonia as Nitrogen
14.7 mg/L once/year grab (Daily Max)
Mineral Mining and Mine dewatering
Processing from crushed stone pH
40 CFR 436
and construction sand
4
& gravel facilities
6.0-9.0 s.u.
once/year
grab
1 Coal pile runoff shall not be diluted with other stormwater or other flows in order to meet the TSS limitations. Any
untreated overflow from facilities designed, constructed and operated to treat the volume of coal pile runoff which is
associated with a 10-year, 24-hour rainfall event shall not be subject to the 50 mg/l Total Suspended Solids limitations. 2 Existing and new primary airports with 1,000 or more annual jet departures ("non-propeller aircraft") that discharge
wastewater associated with airfield pavement deicing commingled with stormwater must either use non-urea-containing
deicers or meet the effluent limit provided. 3 New airport deicing sources must meet the New Source Performance Standards (NSPS) listed in 40 CFR 449.11, including
the requirement of 40 CFR 449.11(a)(1) to collect at least 60 percent of available Aircraft Deicing Fluid. 4 Only mine dewatering from surface mining activities for crushed stone, and construction sand and gravel, are subject to
the ELG-based limits. Mine dewatering from other surface mining activities (as noted in the definition in Part 8.20) are not subject to the ELG-based limits.
3.3.2. The facility must monitor each outfall discharging stormwater from any of the regulated activities described in the above table. The similar outfall monitoring provision as described in Part 3.8.1 is not available for numeric effluent limits monitoring.
3.4. Parameter Benchmark Monitoring. All facilities covered under this general permit are authorized to discharge from all permitted stormwater outfalls. All facilities are required to conduct monitoring and sampling of stormwater at each outfall as specified below. The benchmark concentrations are not effluent limitations; a benchmark exceedance, therefore, is not a permit violation. Benchmark monitoring data are primarily to be used by the facility staff to determine the overall effectiveness of BMPs and control measures in controlling the discharge of pollutants to the environment and to assist the facility in knowing when additional corrective action(s) may be necessary.
Effluent Characteristics
pH Total Suspended Solids (TSS)
Parameter Benchmark Value
Maximum Concentration
Minimum 6.0 S.U.
Maximum 9.0 S.U.
100 mg/L
Monitoring Requirements Frequency Sample Type
once/year
grab
once/year
grab
Page 17 Part 3
Permit Number ARR000000
In addition to the above effluent characteristics, the following effluent characteristics, which are based on the Industrial Sub-Sectors as defined in Part 1.5, must also be monitored. (Please note that not all Sub-Sectors listed in Part 1.5 have additional characteristics. If the Industrial Sub-Sector is not listed below, only the above effluent characteristics are required.)
Industrial Sub-Sector
A1
A2
A3 A4 A5 B1 B2
C1
C2
C3
C4 C5 D1 D2 E1 E2 F1
Effluent Characteristics
COD O&G Total Zinc COD O&G Total Arsenic Total Copper COD O&G COD O&G COD O&G COD COD COD Nitrate plus Nitrite Nitrogen Total Lead Total Iron Total Zinc Total Phosphorus COD Total Aluminum Total Iron Nitrate plus Nitrite Nitrogen COD Nitrate plus Nitrite Nitrogen Total Zinc COD Total Zinc COD O&G O&G Total Aluminum Total Iron Total Aluminum Total Zinc
Parameter Benchmark Value Maximum Concentration
120 mg/L 15 mg/L 0.684 mg/L 120 mg/L 15 mg/L 0.169 mg/L 0.0756 mg/L 120 mg/L 15 mg/L 120 mg/L 15 mg/L 120 mg/L 15 mg/L 120 mg/L 120 mg/L 120 mg/L 0.68 mg/L 0.519 mg/L 1.0 mg/L 0.684 mg/L 2.0 mg/L 120 mg/L 0.75 mg/ L 1.0 mg/L 0.68 mg/L 120 mg/L 0.68 mg/L 0.684 mg/L 120 mg/L 0.684 mg/L 120 mg/L 15 mg/L 15 mg/L 0.75 mg/L 1.0 mg/L 0.75 mg/L 0.684 mg/L
Monitoring Requirements
Frequency Sample Type
once/year
grab
once/year
grab
once/year
grab
once/year
grab
once/year
grab
once/year
grab
once/year
grab
once/year
grab
once/year
grab
once/year
grab
once/year
grab
once/year
grab
once/year
grab
once/year
grab
once/year
grab
once/year
grab
once/year
grab
once/year
grab
once/year
grab
once/year
grab
once/year
grab
once/year
grab
once/year
grab
once/year
grab
once/year
grab
once/year
grab
once/year
grab
once/year
grab
once/year
grab
once/year
grab
once/year
grab
once/year
grab
once/year
grab
once/year
grab
once/year
grab
once/year
grab
once/year
grab
Industrial Sub-Sector
F2 F3 F4 G1
G2
H1 I1 J1
K1
L1 L2 M1
Effluent Characteristics
Total Aluminum Total Copper Total Iron Total Zinc Total Copper Total Zinc Total Copper Total Zinc
Nitrate plus Nitrite Nitrogen Total Antimony Total Arsenic Total Beryllium Total Cadmium Total Copper Total Iron Total Lead Total Mercury Total Nickel Total Selenium Total Silver Total Zinc Total Aluminum Total Iron COD
Nitrate plus Nitrite Nitrogen Ammonia
Total Magnesium Total Arsenic Total Cadmium Total Cyanide Total Lead Total Mercury Total Selenium Total Silver COD COD Total Iron COD
Total Aluminum Total Iron Total Lead
Parameter Benchmark Value Maximum Concentration
0.75 mg/L 0.0756 mg/L
1.0 mg/L 0.684 mg/L 0.0756 mg/L 0.684 mg/L 0.0756 mg/L 0.684 mg/L 0.68 mg/L 0.636 mg/L 0.169 mg/ L 0.13 mg/L 0.0118 mg/L 0.0756 mg/L
1.0 mg/L 0.519 mg/L 0.0024 mg/L 6.43 mg/L 0.020 mg/L 0.0107 mg/L 0.684 mg/L 0.75 mg/L
1.0 mg/L 120 mg/L 0.68 mg/L 19 mg/L 0.0636 mg/L 0.169 mg/L 0.0118 mg/L 0.0224 mg/ L 0.519 mg/L 0.0024 mg/ L 0.020 mg/L 0.0107 mg/L 120 mg/L 120 mg/L 1.0 mg/L 120 mg/L 0.75 mg/L 1.0 mg/L 0.519 mg/L
Page 18 Part 3
Permit Number ARR000000
Monitoring Requirements
Frequency Sample Type
once/year
grab
once/year
grab
once/year
grab
once/year
grab
once/year
grab
once/year
grab
once/year
grab
once/year
grab
once/year
grab
once/year
grab
once/year
grab
once/year
grab
once/year
grab
once/year
grab
once/year
grab
once/year
grab
once/year
grab
once/year
grab
once/year
grab
once/year
grab
once/year
grab
once/year
grab
once/year
grab
once/year
grab
once/year
grab
once/year
grab
once/year
grab
once/year
grab
once/year
grab
once/year
grab
once/year
grab
once/year
grab
once/year
grab
once/year
grab
once/year
grab
once/year
grab
once/year
grab
once/year
grab
once/year
grab
once/year
grab
once/year
grab
Page 19 Part 3
Permit Number ARR000000
Industrial Sub-Sector
Effluent Characteristics
Parameter Benchmark Value Maximum Concentration
Monitoring Requirements Frequency Sample Type
COD
120 mg/L
once/year
grab
O&G
15 mg/L
once/year
grab
Total Aluminum
0.75 mg/L
once/year
grab
N1
Total Copper
0.0756 mg/L
once/year
grab
Total Iron
1.0 mg/L
once/year
grab
Total Lead
0.519 mg/L
once/year
grab
Total Zinc
0.684 mg/L
once/year
grab
COD N2
O&G
120 mg/L 15 mg/L
once/year
grab
once/year
grab
O1
Total Iron
1.0 mg/L
once/year
grab
COD P1
O&G
120 mg/L 15 mg/L
once/year
grab
once/year
grab
COD
120 mg/L
once/year
grab
Total Aluminum
0.75 mg/L
once/year
grab
Q1
Total Iron
1.0 mg/L
once/year
grab
Total Lead
0.519 mg/L
once/year
grab
Total Zinc
S1
Ammonia1
0.684 mg/L 19 mg/L
once/year
grab
once/year
grab
T1
COD
120 mg/L
once/year
grab
COD U1
O&G
120 mg/L 15 mg/L
once/year
grab
once/year
grab
Nitrate plus Nitrite Nitrogen
0.68 mg/L
once/year
grab
U2
COD
120 mg/L
once/year
grab
O&G
15 mg/L
once/year
grab
COD U3
O&G
120 mg/L 15 mg/L
once/year
grab
once/year
grab
Y1
Total Zinc
0.684 mg/L
once/year
grab
O&G
15 mg/L
once/year
grab
Total Aluminum
0.75 mg/L
once/year
grab
AA1
Total Iron
1.0 mg/L
once/year
grab
Total Zinc
0.684 mg/L
once/year
grab
Nitrate plus Nitrite Nitrogen
0.68 mg/L
once/year
grab
O&G
15 mg/L
once/year
grab
AA2
Total Zinc
0.684 mg/L
once/year
grab
Nitrate plus Nitrite Nitrogen
0.68 mg/L
once/year
grab
AB1
O&G
15 mg/L
once/year
grab
AD1
COD
120 mg/L
once/year
grab
1 For airports where a single permittee or a combination of permitted facilities use more than 100,000 gallons of
glycol-based deicing chemicals or 100 tons or more of urea on an average annual basis, monitor all parameters in
ONLY those outfalls that collect runoff from areas where deicing activities occur. Monitoring is not required for
facilities with deicing activities that do not meet the above thresholds.
Page 20 Part 3
Permit Number ARR000000
3.5. Additional Monitoring Required by The Department. The Department may notify the facility of additional discharge monitoring requirements. Any such notice will briefly state the reasons for the monitoring, locations, and parameters to be monitored, frequency and period of monitoring, sample types, and reporting requirements. If a facility discharges to an impaired water with a Department approved or established TMDL, the Department will inform the facility if any additional monitoring requirements or controls are necessary for the discharge to be consistent with the assumptions of any available wasteload allocation in the TMDL.
3.6. Monitoring Period. The monitoring period is from January 1 to December 31 of a calendar year. The facility must monitor at least once within a calendar year.
Monitoring requirements in this permit begin on the effective date of the permit.
3.7. Monitoring Location. All samples must be taken at monitoring points specified in the NOI and SWPPP before the stormwater joins or is influenced by any other waste stream, or waterbody, unless otherwise approved in writing by the Department.
3.8. Sampling Associated with Monitoring Requirements. Sampling shall be conducted to capture stormwater with the greatest exposure to significant sources of pollution. Each stormwater outfall must be sampled and analyzed separately unless an outfall has been determined to be similar in accordance with Part 3.8.1 below.
3.8.1.
Similar Outfalls. When a stormwater outfall may be similar to another outfall at the facility, i.e., similar effluents based on a consideration of industrial activity, significant materials and management practices, and activities within the area drained by the outfall, the permittee may sample only the discharge point with the highest concentration of pollutants. The permittee must get approval of the similar outfall designation from the Department prior to monitoring. This provision is not available for discharges subject to the Effluent Limitations Guidelines in Part 1.4.3. The SWPPP must include documentation on how these determinations were made and the description of each point of discharge. The documentation should include the following information:
3.8.1.1. Location (latitude and longitude) of each of the similar outfalls; 3.8.1.2. Description of the general industrial activities conducted in the drainage area of each outfall; 3.8.1.3. Description of the control measures implemented in the drainage area of each outfall; 3.8.1.4. Description of the exposed materials located in the drainage area of each outfall that are likely to be
significant contributors of pollutants to stormwater discharges; and 3.8.1.5. Why the outfalls are expected to discharge similar effluents.
3.8.2.
Sampling Procedures. Samples and measurements taken as required shall be representative of the volume and nature of the monitored discharge. Stormwater must be sampled according to requirements below unless the Permittee submits an alternative plan as a modification of coverage and it is approved by the Department. Any approved alternative plan should be included in the SWPPP. If a Permittee is unable to sample during a monitoring period, they must document a justification in the Stormwater Annual Report for that period.
Sampling requirements and instructions are as follows:
3.8.2.1. Grab Sample. A minimum of one grab sample must be taken from each outfall within the first 30 minutes of a discharge resulting from a measurable storm event, as described in Part 3.8.2.2, or within the first 30 minutes of a discharge from holding ponds or basins, as described in Part 3.8.2.3. If it is not possible to collect the sample within the first 30 minutes of a discharge, the sample must be collected as soon as practical, and documentation must be kept with the SWPPP explaining why it was not possible to take samples within the first 30 minutes.
Page 21 Part 3
Permit Number ARR000000
3.8.2.2. Measurable Storm Events. All required monitoring must be performed on a storm event that results in an actual discharge from the site ("measurable storm event") that follows the preceding measurable storm event by at least 72 hours (3 days). The 72-hour (3-day) storm interval does not apply if the facility is able to document that less than a 72-hour (3-day) interval is representative for local storm events during the sampling period. In the case of frozen precipitation, the measureable storm event begins when melting produces a measurable discharge at the facility and ends when measurable discharge ceases at the facility.
3.8.2.3. Holding Ponds and Basins. Discharges from stormwater holding ponds and basins may be unrelated to the occurrence of a measurable storm event, as described in Part 3.8.2.2. Samples must be taken within the first 30 minutes of a discharge from holding ponds and basins, regardless of the occurrence of a measurable storm event. Both controlled and uncontrolled discharges are acceptable for sampling.
3.8.2.4. Adverse Weather Conditions. Adverse conditions are those that are dangerous or create inaccessibility for personnel, such as local flooding, high winds, electrical storms, or situations that otherwise make sampling impractical, such as drought or extended frozen conditions. When adverse weather conditions prevent the collection of samples according to the relevant monitoring schedule, a substitute sample must be taken during the subsequent qualifying storm event. The facility must document any failure to monitor as indicating the basis for not sampling during the usual reporting period.
3.8.2.5. Sampling Method. Analytical methods used to meet the monitoring requirements specified in this permit shall conform to the latest revision of the Guidelines Establishing Test Procedures for the Analysis of Pollutants contained in 40 CFR Part 136 or to the latest revision of Standard Methods for the Examination of Water and Wastewater (APHA), unless otherwise specified in this permit or approved in writing by the Department provided that such otherwise approved analytical method is the equivalent of that found in the guidance cited in this section or will result in more accurate analytical results or will have a lower detection limit. Note that 40 CFR Part 136 and Standard Methods for the Examination of Waste and Wastewater establish the maximum holding times for each parameter which must be met for sampling results to be considered valid. Some parameters have short holding times, such as pH, which should be analyzed immediately to be considered valid.
3.8.2.6. Records. For each sampling event, except for sampling from holding ponds and basins, the permittee shall record the date of the storm event sampled, rainfall measurements or estimates (in inches) of the storm event which generated the sampled runoff, and the duration between the storm event sampled and the end of the previous measurable storm event. The above information does not need to be recorded for sampling events for discharges from holding ponds and basins.
3.9. Exceptions to Monitoring Requirements.
3.9.1. Inactive and Unstaffed Facilities. Facilities that are inactive and unstaffed during an entire monitoring period will not be required to monitor during the inactive and unstaffed period. To be eligible for an inactive and unstaffed facility waiver, the permittee must certify the site is unstaffed and inactive and the pollutant generating activities are not occurring at the site. The certification must be signed in accordance with signatory requirements of Part 7.8 and kept with the Stormwater Pollution Prevention Plan. Unstaffed is defined as no staff assigned to the industrial or pollutant generating activities. A site may be "unstaffed" even when security personnel are present, provided that pollutant generating activities are not included in their duties.
3.9.2. Sampling Waiver. If a parameter is assigned to the facility per Part 3.4, the permittee may request in writing for sampling for that parameter to be waived. Adequate justification or data must be provided to the Department indicating as to why the assigned characteristic is not present at levels that would adversely affect the environment. The Department will review the request and all available information and provide a decision via correspondence.
Page 22 Part 3
Permit Number ARR000000
3.10. Alternatives to Parameter Benchmark Values. The permittee may develop alternatives to the parameter benchmark values, as follows.
3.10.1. The SWPPP must contain a full and complete description of the alternative(s) to the established parameter benchmark values listed in this permit, along with the justification for the selected alternative(s), why the alternative(s) is considered equivalent to the listed parameter benchmark value in protecting water quality (if the permittee is establishing a different value than the established parameter benchmark value), how the alternative(s) will be evaluated to determine equivalency with the established parameter benchmark value, and documenting on an annual basis the permittee's ability to successfully achieve the alternative(s) to the established parameter benchmark values.
3.10.2. The permittee shall submit the section of the SWPPP with the alternative(s) and the rationale to the Department for review. The Department shall review the alternatives and notify the facility of such a decision in writing within 60 days of receipt of the request. The permittee shall use the parameter benchmark values provided in Part 3.4 until written approval by the Department of the alternative benchmark value(s) is received.
3.11. Response to Monitoring Results Above Parameter Benchmark Values. This permit stipulates parameter benchmark value concentrations that may be applicable to a facility's discharge. The benchmark concentrations are not effluent limitations. Therefore, a benchmark exceedance is not a permit violation. Benchmark monitoring data are primarily for the facility to use for determining the overall effectiveness of control measures and to assist in knowing when additional corrective action(s) may be necessary to comply with permit requirements.
3.11.1. Data exceeding benchmarks: If a sampling result for any parameter exceeds the parameter benchmark value, the facility shall investigate the cause or source of the elevated pollutant levels, review the SWPPP, and determine and document a Corrective Action Plan to address the benchmark exceedance. The facility shall commence with the above process within 30 calendar days of the exceedance while immediately taking all readily apparent, reasonable steps necessary to minimize or prevent the discharge of pollutants until a permanent solution is installed and made operational, including cleaning up any contaminated surfaces so that the material will not discharge in subsequent storm events.
The Corrective Action Plan must contain the following: the results of the review; the corrective actions the permittee will take to address the benchmark excursion, including whether a SWPPP modification is necessary; and an implementation schedule with milestone dates and including alternative methods for implementing existing site controls or methods for implementing additional effective site controls, if the site controls have not already been implemented.
The permittee must document the date that corrective actions are initiated and are completed or expected to be completed. This documentation must be included in an annual report and a copy retained onsite with the SWPPP.
3.11.2. Natural background pollutant level: If the permittee determines, and the Department acknowledges, that the exceedances of a benchmark value is attributable solely to the presence of that pollutant in the natural background, the permittee is not required to perform corrective actions or additional benchmark monitoring, provided that the following are met:
3.11.2.1. The concentration of the benchmark monitoring results is less than or equal to the concentration of that pollutant in the natural background (data from previous monitoring may be used if it is less than 5 years old);
3.11.2.2. The permittee documents and maintains with the SWPPP the supporting rationale for concluding that benchmark exceedances are in fact attributable solely to natural background pollutant levels. This must include in the supporting rationale any site specific data previously collected by the facility or others (including literature studies) that describe the levels of natural background pollutants in the stormwater discharge; and
Page 23 Part 3
Permit Number ARR000000
3.11.2.3. The Department must be notified that the benchmark exceedances are attributable solely to natural background pollutant levels. Natural background pollutants include those substances that are naturally occurring in soils or groundwater. Natural background pollutants do not include legacy pollutants from earlier activity on-site or pollutants in run-on from neighboring sources which are not naturally occurring.
Compliance with the requirements of the above conditions does not relieve the permittee of the duty to comply with any other applicable conditions of this permit
PART 4: STORMWATER POLLUTION PREVENTION PLAN (SWPPP)
Page 24 Part 4
Permit Number ARR000000
Each facility covered by this permit shall develop, implement, and comply with a SWPPP. The SWPPP shall be prepared in accordance with commonly accepted engineering practices. The SWPPP shall identify potential sources of pollution which may reasonably be expected to affect the quality of stormwater discharges associated with industrial activity from the facility. Required elements of the SWPPP, implemented in the form of BMPs in lieu of numerical limitations, are considered to be technology-based non-numeric limits based on 40 CFR 122.44(k)(3). The permittee must select, design, install, and implement control measures to comply with the Best Management Practices in Part 3.1, to meet the water quality-based effluent limitations in Part 3.2, and meet the limits contained in applicable Effluent Limitations Guidelines in Part 3.3; the SWPPP is the documentation of this process. The SWPPP must also include any additional BMPs as necessary to comply with state water quality standards and parameter benchmark values. New facilities must have a SWPPP developed and implemented before beginning operation. However, some components of a SWPPP are added over time (e.g. results of dry and wet weather inspections) and cannot be included in the first SWPPP. The Permittee must update the SWPPP as required by permit conditions. Facilities must implement the provisions of the SWPPP required under conditions of this permit.
4.1 Deadlines for SWPPP Preparation and Compliance. Deadlines for SWPPP preparation and compliance for stormwater discharge associated with industrial activity are as follows. Upon a showing of good cause, the Director may establish a later date in writing for preparing and coming into compliance with a SWPPP for a stormwater discharge associated with industrial activity that submits an NOI in accordance with requirements of this permit.
New Dischargers
Category
Existing Dischargers Authorized Under 2014 IGP
Completion or Updating of SWPPP
Shall be developed and then submitted to the Department with the Application Package
Shall be updated by the effective date of this permit. Submittal is not required.
4.2 Contents of SWPPP.
For coverage under this permit, the SWPPP shall include, at a minimum, the following elements:
Facility information (see Part 4.2.1) Stormwater pollution prevention team (see Part 4.2.2); Facility description (see Part 4.2.3); Description of potential pollutant sources (see Part 4.2.4); Measures and controls (see Part 4.2.5); Schedules and procedures (see Part 4.2.6); Additional requirements (see Part 4.2.7) and Signature requirements (see Part 4.2.8).
4.2.1 Facility Information. Each SWPPP shall include the facility name, general permit tracking number, facility physical address, and the facility's SIC and NAICS codes.
4.2.2 Stormwater Pollution Prevention Team. Each SWPPP shall identify a specific individual or position within the facility organization as members of a Stormwater Pollution Prevention Team that are responsible for developing the SWPPP and assisting the facility or plant manager in its implementation, maintenance, and revision. The SWPPP shall clearly identify the responsibilities of each team member. The activities and responsibilities of the team shall address all aspects of the facility's SWPPP.
Please note that common positions (i.e. secretary, operator, etc.) may not be used. A specific position or individual's name must be listed.
Page 25 Part 4
Permit Number ARR000000
4.2.3 Facility Description: The facility description will describe the industrial activities conducted at the site (detailed process description), the general layout of the facility including buildings and storage of raw materials, and the flow of goods and materials through the facility. It should include seasonal variations including peaks in production and any changes in work based on season or weather (e.g. moving work outdoors on dry days). As part of the facility description, a site map should be provided showing the following, as applicable:
4.2.3.1 4.2.3.2 4.2.3.3 4.2.3.4 4.2.3.5 4.2.3.6 4.2.3.7 4.2.3.8 4.2.3.9
4.2.3.10
4.2.3.11 4.2.3.12
4.2.3.13
the size of the property in acres; the location and extent of significant structures and impervious surfaces; directions of stormwater flow (use arrows); locations of all existing structural control measures; locations of all receiving waters in the immediate vicinity of the facility, locations of all stormwater conveyances including ditches, pipes, and swales; locations of potential pollutant sources; locations of all stormwater monitoring points; locations of stormwater inlets and outfalls, with a unique identification code for each outfall, indicating if one or more outfalls is being treated as "substantially identical", and an approximate outline of the areas draining to each outfall; municipal separate storm sewer systems (MS4), where the stormwater discharges to them (if applicable); locations and descriptions of all non-stormwater discharges identified; locations of the following activities where such activities are exposed to precipitation: fueling stations; vehicle and equipment maintenance or cleaning areas; loading/unloading areas; locations used for the treatment, storage, or disposal of wastes; liquid storage tanks; processing and storage areas; immediate access roads and rail lines used or traveled by carriers of raw materials, manufactured products, waste material, or by-products used or created by the facility; transfer areas for substances in bulk; and machinery; and locations and sources of run-on to the site from adjacent property that contains significant quantities of pollutants.
4.2.4 Description of potential pollutant sources. The SWPPP must document the areas at the facility where industrial materials or activities are exposed to stormwater and from which allowable non-stormwater discharges are released. For the definition of "industrial materials or activities," see Part 8.13. For each area identified, the description must include:
4.2.4.1 Industrial Activities in the area. A list of the industrial activities exposed to stormwater (e.g., material storage; equipment fueling, maintenance, and cleaning; cutting steel beams).
4.2.4.2
Pollutants. A list of the pollutant(s) or pollutant constituents (e.g., crankcase oil, zinc, sulfuric acid, and cleaning solvents) associated with each identified activity. The pollutant list must include all significant materials that have been handled, treated, stored, or disposed, and that have been exposed to stormwater in the 3 years prior to the date the SWPPP is prepared or amended.
4.2.4.3 Spills and Leaks. The SWPPP must document where potential spills and leaks could occur that could contribute pollutants to stormwater discharges, and the corresponding outfall(s) that would be affected by such spills and leaks.
A list of significant spills and significant leaks of toxic or hazardous pollutants that occurred at areas exposed to precipitation or that otherwise drain to a stormwater conveyance at the facility in the three years prior to the date the SWPPP was prepared or amended. This list shall be updated as appropriate during the term of the permit.
Page 26 Part 4
Permit Number ARR000000
4.2.4.4
Non-Stormwater Discharges. The SWPPP shall include measures to identify and eliminate the discharge of process wastewater, domestic wastewater, non-contact cooling water, and other illicit discharges to stormwater systems or to waters of the State. The SWPPP shall identify and ensure the implementation of appropriate pollution prevention measures for non-stormwater component(s) of the discharge allowed by Part 1.6.
The SWPPP shall also include a certification that the discharge has been tested or evaluated for the presence of illicit non-stormwater discharges and that all identified unauthorized discharges have been eliminated. The certification shall include the identification of potential significant sources of non-stormwater at the site, a description of the results of any test or evaluation for the presence of non-stormwater discharges, the evaluation criteria and testing method used, the date of any testing or evaluation, and the on-site drainage points that were directly observed during a test. Certifications shall be signed in accordance with Part 7.8 of this permit. Such certification may not be feasible if the facility operating the stormwater discharge associated with industrial activity does not have access to an outfall, manhole or other point of access to the ultimate conduit which receives the discharge. In such cases, the source identification section of the SWPPP shall indicate why the certification required by this part was not feasible, along with the identification of potential significant sources of non-stormwater at the site.
4.2.4.5 Salt Storage. The SWPPP must document the location of any storage piles containing salt used for deicing or other commercial or industrial purposes.
4.2.4.6 Sampling Data. A summary of existing discharge sampling data describing pollutants in stormwater discharges from the facility, including a summary of sampling data collected during the term of this permit.
4.2.5 Measures and Controls. Each facility covered by this permit shall develop a description of stormwater management controls appropriate for the facility and implement such controls. The appropriateness and priorities of controls in the SWPPP shall reflect identified potential sources of pollutants at the facility. The selection, design, installation, and implementation of these control measures must be in accordance with good engineering practices and manufacturer's specifications. Note that a permittee may deviate from such manufacturer's specifications where justification is provided for such deviation and include documentation of the rationale in the part of the SWPPP that describes the control measures. If control measures are found not to be achieving their intended effect of minimizing pollutant discharges, the control measures must be modified as expeditiously as practicable.
The following should be considered when selecting and designing control measures:
4.2.5.1 4.2.5.2 4.2.5.3 4.2.5.4
4.2.5.5 4.2.5.6
preventing stormwater from coming into contact with polluting materials is generally more effective, and less costly, than trying to remove pollutants from stormwater; using control measures in combination is more effective than using control measures in isolation for minimizing pollutants in stormwater discharges; assessing the type and quantity of pollutants, including their potential to impact receiving water quality, is critical to designing effective control measures that will achieve the limits in this permit; minimizing impervious areas at the facility and infiltrating runoff onsite (including bioretention cells, green roofs, and pervious pavement, among other approaches) can reduce runoff and improve groundwater recharge and stream base flows in local streams, although care must be taken to avoid ground water contamination; attenuating flow using open vegetated swales and natural depressions can reduce in-stream impacts of erosive flows; conserving or restoring of riparian buffers will help protect streams from stormwater runoff and improve water quality; and
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4.2.5.7 using treatment interceptors (e.g., swirl separators and sand filters) may be appropriate in some instances to minimize the discharge of pollutants.
For guidance on potential pollutant sources and controls that should be considered in development of the SWPPP for a specific type of industry, refer to EPA's Multi-Sector General Permit (available online via link at: (https://www.epa.gov/npdes/stormwater-discharges-industrialactivities#msgpdocuments). The description of stormwater management controls in the SWPPP shall address the following minimum components, including a schedule for implementation:
4.2.6 Schedules and Procedures.
4.2.6.1 Documentation of Control Measures Used to Comply with the Best Management Practices in Part 3. The following must be documented in the SWPPP:
4.2.6.1.1 4.2.6.1.2 4.2.6.1.3
4.2.6.1.4
Good Housekeeping (See Part 3.1.2) - A schedule for regular pickup and disposal of waste materials, along with routine inspections for leaks and conditions of drums, tanks and containers; Maintenance (See Part 3.1.3) - Preventative maintenance procedures, including regular inspections, testing, maintenance, and repair of all industrial equipment and systems, and control measures, to avoid situations that may result in leaks, spills, and other releases, and any back-up practices in place should a runoff event occur while a control measure is off-line; Spill Prevention and Response Procedures (See Part 3.1.4) - Procedures for preventing and responding to spills and leaks. The procedures may reference the existence of other plans for Spill Prevention Control and Countermeasure (SPCC) developed for the facility under Section 311 of the CWA or BMP programs otherwise required by an NPDES permit for the facility, provided that a copy of that other plan is kept onsite and made available for review consistent with Part 5.2; and Employee Training (Part 3.1.8) - A schedule for all types of necessary training.
4.2.6.2 Documentation of Monitoring.
4.2.6.2.1 The operator must document in the SWPPP the procedures for conducting the analytical monitoring specified by this permit, where applicable to the facility, including:
4.2.6.2.1.1 Benchmark monitoring (see Part 3.4); 4.2.6.2.1.2 Effluent limitations guidelines monitoring (see Part 3.3); and 4.2.6.2.1.3 Other monitoring as required by the Department.
4.2.6.2.2 For each type of monitoring, the SWPPP must document:
4.2.6.2.2.1 4.2.6.2.2.2 4.2.6.2.2.3
4.2.6.2.2.4
Locations where samples are collected, including any determination (and supporting documentation) that two or more outfalls are substantially identical; Parameters for sampling and the frequency of sampling for each parameter; Any numeric control values (benchmarks, effluent limitations guidelines, TMDL-related requirements, or other requirements) applicable to discharges from each outfall; and Procedures (e.g., responsible staff, logistics, laboratory to be used, etc.) for gathering storm event data, as specified in Part 3.8.2.
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4.2.6.3 Documentation of Inspections. The operator must document in the SWPPP the procedures for performing, as appropriate, the inspections specified by this permit, including:
Routine facility inspections (see Part 5.1.1); Comprehensive site inspections (see Part 5.1.2).
For each type of inspection performed, the SWPPP must identify:
4.2.6.3.1 Person(s) or positions of person(s) responsible for inspection; 4.2.6.3.2 Schedules for conducting inspections; and 4.2.6.3.3 Specific items to be covered by the inspection, including schedules for specific outfalls.
4.2.6.4
Recordkeeping and Internal Reporting Procedures. A description of incidents such as spills or other discharges, along with other information describing the quality and quantity of stormwater discharges shall be included in the SWPPP required under this part. Inspections, employee training, and maintenance activities performed on control measures that are used in the implementation of the Best Management Practices or to achieve the effluent limits required by this permit shall be documented and records of such activities shall be incorporated into the SWPPP.
4.2.7 Additional Requirements.
4.2.7.1
Documentation of Permit Eligibility Related to the 303(d) list (Impaired Water Bodies) and Total Maximum Daily Loads (TMDL). The SWPPP should include information on whether or not the stormwater discharge from the facility enters a water body that is on the most recently approved 303(d) list, or has an approved TMDL. If the stormwater discharge does enter a water body that is on the most recently approved 303(d) list, or has an approved TMDL, then the SWPPP should address the following items below:
4.2.7.1.1 4.2.7.1.2
4.2.7.1.3 4.2.7.1.4
document that the pollutant(s) for which the waterbody is impaired is not present at the facility, and retain documentation of the finding with the SWPPP; or incorporate into the SWPPP any additional BMPs needed to prevent to the maximum extent practicable exposure of pollutants to stormwater for which the waterbody is impaired and to sufficiently protect water quality. The Department will review this information; or identification of measures taken by the facility to ensure that its discharge of pollutants from the site is consistent with the assumptions and allocations of the TMDL; and If a specific numeric wasteload allocation has been established that would apply to the facility's discharges, the operator must incorporate that allocation into its SWPPP and implement necessary steps to meet that allocation and implement necessary steps to meet that allocation. The Department will review this information.
If the Department determines during the review process that the facility will be discharging to a receiving water that is on the most recently approved 303(d) list, or has an approved TMDL, then the Department may require the applicant to include additional BMPs in the SWPPP.
4.2.7.2 Direct Discharges into an Extraordinary Resource Water (ERW), Natural and Scenic Waterway (NSW), or Ecologically Sensitive Waterbody (ESW). The SWPPP should include information on whether or not the stormwater discharges from the facility enters a water body that is listed as an ERW, NSW, or ESW. If the stormwater discharge does enter a waterbody that is listed as an ERW, NSW, or ESW, then the SWPPP should address the following items:
4.2.7.2.1 document the name of the listed waterbody and the approximate distance between the outfall and the listed waterbody; and
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4.2.7.2.2 incorporate into the SWPPP additional BMPs needed to prevent to the maximum extent practicable exposure of pollutants to stormwater that could potentially impact water quality.
If the Department determines during the review process that the facility will be discharging to a receiving water listed as an ERW, NSW, or ESW, then the Department will notify the applicant to include additional Best Management Practices in the SWPPP.
4.2.7.3
Attainment of Water Quality Standards After Authorization. The permittee must select, install, implement and maintain BMPs that will minimize or eliminate pollutants in the discharge as necessary to meet applicable water quality standards. At any time after authorization, the Department may determine that the stormwater discharges may cause, have reasonable potential to cause, or contribute to an excursion above any applicable water quality standard. If such a determination is made, the Department will require the permittee to:
4.2.7.3.1 4.2.7.3.2 4.2.7.3.3 4.2.7.3.4
Develop a supplemental BMP action plan describing SWPPP modifications to address adequately the identified water quality concerns; Submit valid and verifiable data and information that are representative of ambient conditions and indicate that the receiving water is attaining water quality standards; or Cease discharges of pollutants from the facility and submit an individual permit application according to Part 7.22. All written responses required under this part must include a signed certification consistent with Parts 7.8 and 7.9.
4.2.7.4
Enhanced/Additional BMPs: The Permittee shall provide a schedule in the SWPPP for implementation of any additional or enhanced BMPs that are necessary because of a notice from the Department, facility changes, or self-inspection. Complying with this provision does not limit the potential liability for enforcement action where the Permittee has failed to implement required BMPs or where stormwater discharges violate water quality standards. The Department may issue a notice to the Permittee when the SWPPP does not meet one or more of the minimum requirements of the permit or when it is not adequate to ensure compliance with standards. The Permittee shall modify the SWPPP and the BMPs to correct the deficiencies identified in the notice. The Department may require additional BMPs where the Permittee exceeds benchmark values for required sampling. The Permittee shall modify the SWPPP whenever there is a change in design, construction, operation or maintenance of any BMP which cause(s) the SWPPP to be less effective in controlling the pollutants.
4.2.8 Certification. All SWPPP must contain a certification, per Part 7.9 of this permit, and must be signed in accordance with the provisions of 40 CFR 122.22, as adopted by reference in Reg. 6, and Part 7.8 of this permit.
4.3 Other Pollution Control Plans: The Permittee may incorporate by reference applicable portions of plans prepared for other purposes at their facility. Plans or portions of plans incorporated into a SWPPP become enforceable requirements of this permit if the other plans are not regulated through other programs and must meet the availability requirements of the SWPPP.
4.4 SWPPP Availability. The permittee must retain a copy of the current SWPPP required by this permit at the facility, and it must be immediately available to the Department, the operator of an MS4 receiving discharges from the site; and representatives of the USF&WS at the time of an onsite inspection or upon request. The Department may provide access to portions of a facility's SWPPP to a member of the public upon request.
4.5 SWPPP Updates. The permittee must review the SWPPP when any of the following conditions occur or are detected during an inspection, monitoring, or other means:
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4.5.1 4.5.2 4.5.3 4.5.4 4.5.5 4.5.6
An unauthorized release or discharge (e.g., spill, leak, or discharge of non-stormwater not authorized by this or another NPDES permit) occurs at the facility A discharge violates a numeric effluent limit Proposed control measures are not stringent enough for the discharge to meet applicable water quality standards A required control measure was never installed, was installed incorrectly, or is not being properly operated or maintained Visual assessments indicate obvious signs of stormwater pollution (e.g., color, odor, floating solids, settled solids, suspended solids, foam) Construction or a change in design, operation, or maintenance at the facility that significantly changes the nature of pollutants discharged in stormwater from your facility, or significantly increases the quantity of pollutants discharged
The permittee's review of the SWPPP is to determine if and where revisions may be needed to eliminate the condition, prevent its reoccurrence, and ensure that effluent limitations are met.
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PART 5: EVALUATIONS AND RECORDKEEPING REQUIREMENTS
5.1 Evaluations and Inspections.
5.1.1 Visual Site Inspections. Qualified facility personnel shall be identified to conduct routine facility inspections of all areas of the facility where industrial materials or activities are exposed to stormwater, all stormwater control measures used to comply with this permit, and stormwater outfalls (if accessible) for the presence of floating materials, visible sheen, discoloration, turbidity, odor, etc. Inspections should be performed not less than four (4) times a year.
At least one of the four required inspections must be conducted during a period when a stormwater discharge is occurring.
One inspection shall check for the presence of non-stormwater discharges, such as domestic wastewater, noncontact cooling water, or process wastewater (including leachate), to the stormwater drainage system that are not authorized under this general permit. This shall be done preferably during dry weather, when it is easier to find non-stormwater discharges. If a non-stormwater discharge is discovered, the Permittee shall notify the Department and eliminate the illicit discharge within 30 days.
The permittee must document the findings of each visual inspection performed and maintain this documentation onsite with the SWPPP. At a minimum, documentation of each site inspection must include: date of inspection, personnel making the inspection, major observations, and a summary of actions that need to be taken as a result of the inspection.
Inactive and Unstaffed Sites: The requirement to conduct visual site inspections on a quarterly basis does not apply at a facility that is inactive and unstaffed in accordance with Part 3.9.1, as long as there are no industrial materials or activities exposed to stormwater. Such a facility is only required to conduct an annual comprehensive site inspection in accordance with the requirements of Part 5.1.2.
5.1.2 Comprehensive Site Compliance Evaluation. Qualified personnel shall conduct site compliance evaluations at appropriate intervals specified in the SWPPP, in no case less than once per year.
5.1.2.1
Areas contributing to a stormwater discharge associated with industrial activity shall be visually inspected for evidence of, or the potential for, pollutants entering the drainage system. Measures to reduce pollutant loadings shall be evaluated to determine whether they are adequate and properly implemented in accordance with the terms of the permit and SWPPP, or whether additional control measures are needed. Structural stormwater management measures, sediment and control measures, and other structural pollution prevention measures identified in the plan shall be observed to ensure that they are properly maintained and operated correctly. A visual inspection of equipment needed to implement the spill response shall be conducted.
5.1.2.2
Based on the results of the inspection, the description of potential pollutant sources identified in the SWPPP in accordance with Description of Potential Pollutant Sources of this permit (Part 4.2.4) and pollution prevention measures identified in the SWPPP in accordance with Measures and Controls of this permit (Part 4.2.5) shall be revised as appropriate within 30 days of such inspection. Implementation of any changes to the SWPPP made shall be performed in a timely manner, but in no case more than 90 days from the inspection.
5.1.2.3 A report summarizing the scope of the inspection, personnel making the inspection, date(s) of the inspection, major observations relating to the implementation of the SWPPP, and actions taken shall be made and retained as part of the SWPPP in accordance with Part 5.2.1. The report shall be signed in accordance with Part 7.8 of this permit.
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5.1.2.4 The annual comprehensive site compliance evaluation may also be used as one of the routine inspections, as long as all requirements of both types of inspections are have been fulfilled.
5.2 Recordkeeping Requirements.
5.2.1 Records. The Permittee shall retain records of all monitoring information, inspection reports, SWPPP, NOI, and any other documentation of compliance with permit requirements for a period of at least three (3) years from the date of termination. Such information shall include all calibration and maintenance records and all original recordings for continuous monitoring instrumentation, copies of all reports required by this permit, and records of all data used to complete the application for this permit. This period of retention shall be extended during the course of any unresolved litigation regarding the discharge of pollutants by the Permittee or when requested by the Department. The falsification of information submitted to the Department shall constitute a violation of the terms and conditions of this permit. These records can be kept electronically if all permit recordkeeping requirements are met, such as record retention, availability of records, and signatory requirements. If electronic records are kept, information regarding where the records can be accessed must be included in the facility's SWPPP.
5.2.2 Records Contents. For each measurement or sample taken, the Permittee shall record the following information: (1) the date, exact place, method, and time of sampling or measurement; (2) the individual who performed the sampling or measurement; (3) the dates the analyses were performed; (4) the individual who performed the analyses; (5) the analytical techniques or methods used; and (6) the results of all analyses.
5.2.3 Airport Deicing at Primary Airports - Records. Facilities subject to the Effluent Limitations Guideline for Airport Deicing (40 CFR 449) shall comply with the monitoring, reporting, and recordkeeping requirements in 40 CFR 449.20(a)(1) and (2).
5.2.4 Stormwater Annual Report (SWAR) Requirements. The SWAR covers the previous 12 month January - December calendar year and is to be incorporated as part of the SWPPP no later than the 31st day of January of the following year (i.e., January 31, 2020 for year 2019). The first SWAR may include less than 12 months of information. The SWAR form is available on the Department's website: www.adeq.state.ar.us .
The Department's SWAR form must be used and the following information must be included in the SWAR:
5.2.4.1 5.2.4.2
5.2.4.3
5.2.4.4
5.2.4.5
Monitoring results obtained from stormwater sampling, unless waived; Justification for why samples were not taken, if applicable (explanation of why there was no discharge, adverse weather conditions, etc.); Significant findings from the comprehensive site evaluation and site inspections (including visual monitoring of outfalls); A summary of any corrective action plans written under Part 3.11.1, including the status of any corrective actions not yet completed at the time of submittal of the SWAR; and The SWAR must be signed in accordance with Part 7.8.
The SWAR is not required to be submitted to the Department, except upon request. If requested, the SWAR must be received by the Department within five (5) business days of the request, unless another deadline is specified.
5.2.5 Additional Monitoring by the Permittee. If the permittee monitors any pollutant at any outfall more frequently than required by this permit using test procedures specified in this permit, then the results of this monitoring shall be included in the permittee's SWAR.
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PART 6: TOXICITY TESTING
6.1 Toxicity Testing Requirements. The determination as to which facilities will be required to perform toxicity testing will be made on a case-by-case basis based on available information and monitoring data. The permittee will be provided written notice by the Department if toxicity testing is required.
6.2 Acute Whole Effluent Toxicity Limits
LETHAL LIMIT 100%
6.2.1 Scope, Frequency and Methodology
6.2.1.1 The provisions of this section are applicable to discharges authorized in Parts 1.1 and 6.1 above for whole effluent toxicity.
6.2.1.2 The permittee shall test the effluent for toxicity in accordance with the provisions in this section. This testing will determine if an effluent sample adversely affects the survival of the test organisms. The permittee shall submit the results of these tests to the Department for review to the following email address: Water-Permit-Application@adeq.state.ar.us.
6.2.1.3 The permittee shall implement all toxicity tests utilizing the test organisms, procedures, and quality assurance requirements specified in this section of the permit and in accordance with the EPA manual, "Methods for Measuring the Acute Toxicity of Effluents and Receiving Waters to Freshwater and Marine Organisms", EPA-821-R-02-012, or the latest update thereof. The permittee shall repeat a test, including the control and 100% effluent dilution, if the procedures and quality assurance requirements defined in the test methods or in this permit are not satisfied. A repeat test shall be conducted within the required reporting period of any test determined to be invalid.
6.2.1.4 Test Acceptance. The permittee shall repeat a test, including the control and 100% effluent, if the procedures and quality assurance requirements defined in the test methods or in this permit are not satisfied, including the following additional criteria:
6.2.1.4.1 Each toxicity test control (0% effluent) must have a survival equal to or greater than 90%.
6.2.1.4.2 The percent coefficient of variation between replicates shall be 40% or less in the control (0% effluent) for: Daphnia pulex survival test; and Fathead minnow survival test.
6.2.1.4.3 The percent coefficient of variation between replicates shall be 40% or less in the critical dilution (100% effluent), unless significant lethal effects are exhibited for: Daphnia pulex survival test; and Fathead minnow survival test.
6.2.1.4.4 If a test passes, yet the percent coefficient of variation between replicates is greater than 40% in the control (0% effluent) and/or in the critical dilution (100% effluent) for: the survival in the Daphnia pulex survival test or the survival endpoint of the Fathead minnow test, the test is determined to be invalid. A repeat test shall be conducted within the required reporting period of any test determined to be invalid.
6.2.1.4.5If a test fails, test failure may not be construed or reported as invalid due to a coefficient of variation value of greater than 40%.
6.2.1.5 Daphnia pulex acute static renewal 48-hour definitive toxicity test using EPA-821-R-02-012, or the latest update thereof. A minimum of five (5) replicates with eight (8) organisms per replicate must be used in the control and in each effluent dilution of this test.
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Permit No. ARR000000
Pimephales promelas (Fathead minnow) acute static renewal 48-hour definitive toxicity test using EPA-821-R-02-012, or the latest update thereof. A minimum of five (5) replicates with eight (8) organisms per replicate must be used in the control and in each effluent dilution of this test.
The permittee shall conduct the Fathead minnow and the Daphnia pulex toxicity tests at a frequency of once per year.
Permittees that are required to conduct Whole Effluent Toxicity testing must continue to monitor for acute Whole Effluent Toxicity unless testing is no longer required per the provisions of Part 6.2.3.
6.2.1.6 The permittee shall use 100% effluent dilution concentration in addition to a control (0% effluent) in each toxicity test. The low-flow effluent concentration (critical dilution) is defined as 100% effluent.
6.2.1.7 The conditions of this item are effective beginning with the effective date of the WET limit. When the effluent fails the survival endpoint at the critical dilution, the permittee shall be considered in violation of this permit limit
6.2.2 Required Toxicity Testing Conditions
6.2.2.1 Samples: The permittee shall collect grab samples for test initiation and 24-hour renewal in accordance with Section 8 of EPA-821-R-02-012. The permittee must have initiated the toxicity test within 36 hours after the collection of the grab sample. Samples shall be chilled to between 0 and 6 degrees Centigrade during collection, shipping, and/or storage.
6.2.2.2 Dilution Water: The synthetic dilution water (control) shall have a pH, hardness and alkalinity similar to that of the receiving water, provided the magnitude of these parameters will not cause toxicity in the synthetic dilution water. Section 7 of EPA-821-R-02-012 provides additional instructions.
6.2.2.3 Statistical Interpretation: For the Fathead minnow and the Daphnia pulex survival tests, the statistical analyses used shall be in accordance with the methods for determining Pass/Fail for SingleConcentration Tests as described in the EPA manual, "Methods for Measuring the Acute Toxicity of Effluents and Receiving Waters to Freshwater and Marine Organisms", EPA-821-R-02-012, or the most recent update thereof.
6.2.3 Persistent Lethality
If acute Whole Effluent Toxicity (statistically significant difference between the 100% effluent and the control) is detected in stormwater discharges in tests required to be conducted, the permittee shall review the SWPPP and make appropriate modifications to assist in identifying the source(s) of toxicity and to reduce or eliminate the toxicity of their stormwater discharges. A summary of the review and the resulting modifications shall be documented in the plan.
6.2.4 Reporting
6.2.4.1 The permittee shall prepare a full report of the results of all tests conducted pursuant to this Part in accordance with the Report Preparation Section of, "Methods for Measuring the Acute Toxicity of Effluents and Receiving Waters to Freshwater and Marine Organisms", EPA-821-R-02-012, for every valid or invalid toxicity test initiated, whether carried to completion or not. The permittee shall submit full reports, to the Department.
6.2.4.2 All test results shall be reported on "Summary Reports" (provided by the Department) and submitted to the following email address: Water-Permit-Application@adeq.state.ar.us
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6.2.4.3 The facility may request in writing for testing for acute Whole Effluent Toxicity to be deleted as a requirement after passing two (2) consecutive annual testing periods. The Department will provide a decision in writing. If a facility has fails two (2) testing periods (annually), quarterly testing for Acute Whole Effluent Toxicity will be required until the facility has passed two consecutive quarterly tests. After two consecutive quarterly periods in which tests on both toxicity test species have passed, the facility shall resume annual testing. If, during the first year of quarterly testing a facility fails all four quarterly testing periods for Acute Whole Effluent Toxicity, the facility will be required to increase monitoring or improve BMPs and obtain an Individual permit.
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PART 7: STANDARD PERMIT CONDITIONS
7.1 Duty to Comply. The operator must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the federal Clean Water Act and the Arkansas Water and Air Pollution Control Act and is grounds for: enforcement action; permit termination, revocation and re-issuance, or modification; requiring a permittee to apply for an individual NPDES permit; or denial of a permit renewal application.
7.2 Penalties for Violations of Permit Conditions. The Arkansas Water and Air Pollution Control Act (Ark. Code Ann. 8-4-101 et seq.) provides that any person who violates any provisions of a permit issued under the Act shall be guilty of a misdemeanor and upon conviction thereof shall be subject to imprisonment for not more than one (1) year, or a criminal penalty of not more than twenty five thousand dollars ($25,000) or by both such fine and imprisonment for each day of such violation. Any person who violates any provision of a permit issued under the Act may also be subject to civil penalty in such amount as the court shall find appropriate, not to exceed ten thousand dollars ($10,000) for each day of such violation. The fact that any such violation may constitute a misdemeanor shall not be a bar to the maintenance of such civil action.
7.3 Continuance of the Expired General Permit. An expired general permit, including no exposure certification, continues in force and effect until a new general permit is issued. If this permit is not re-issued or replaced prior to the expiration date, it will be administratively continued in accordance with the Administrative Procedure Act and remain in force and effect. If permit coverage was granted prior to the expiration date, permit coverage is automatically continued until the earliest of:
7.3.1 Reissuance or replacement of this permit, at which time the operator must comply with the conditions of the new permit to maintain authorization to discharge and, the operator is required to notify the Department of his/her intent to be covered under this permit by the effective date of the renewal permit; or
7.3.2 Submittal of a Notice of Termination; or
7.3.3 Issuance of an individual permit for the facility's discharges; or
7.3.4 A formal permit decision by the Department to not re-issue this general permit, at which time the facility must seek coverage under an individual NPDES permit or other alternate permits.
7.4 Need to Halt or Reduce Activity Not a Defense. It shall not be a defense for an operator in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of this permit.
7.5 Duty to Mitigate. The operator shall take all reasonable steps to minimize or prevent any discharge in violation of this permit which has reasonable likelihood of adversely affecting human health or the environment.
7.6 Duty to Provide Information. The operator shall furnish to the Director, an authorized representative of the Director, the EPA, a State or local agency reviewing sediment and erosion plans, grading plans, or stormwater management plans, or in the case of a stormwater discharge associated with industrial activity which discharges through a municipal separate storm sewer system with an NPDES permit, to the municipal operator of the system, within a reasonable time, any information which is requested to determine compliance with this permit.
7.7 Other Information. When the operator becomes aware that he or she failed to submit any relevant facts or submitted incorrect information in the Notice of Intent or in any other report to the Director, he or she shall promptly submit such facts or information.
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7.8 Signatory Requirements. All Notices of Intent, reports, or information submitted to the Director shall be signed and certified as follows:
7.8.1 For a corporation: by a responsible corporate officer. For purposes of this section, a responsible corporate officer means:
7.8.1.1 A president, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation; or
7.8.1.2
The manager of one or more manufacturing, production, or operating facilities, provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to ensure long term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.
7.8.2 For a partnership or sole proprietorship: by a general partner or the proprietor, respectively;
7.8.3 For a municipality, State, Federal or other public agency: By either a principal executive or ranking elected official. For purposes of this section, a principal executive officer of a Federal agency includes:
7.8.3.1 The chief executive officer of the agency; or
7.8.3.2 A senior executive officer having responsibility for the overall operations of a principal geographic unit of the agency.
7.8.4 All reports required by the permit and other information requested by the Director shall be signed by a person described above or by a duly authorized representative of that person. A person is a duly authorized representative only if:
7.8.4.1 The authorization is made in writing by a person described above and submitted to the Director;
7.8.4.2 The authorization specifies either an individual or a person having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or a well field, superintendent, or position of equivalent responsibility, or position of equivalent responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position); and
7.8.4.3 Changes to authorization. If an authorization under this Part is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the above requirements must be submitted to the Director prior to or together with any reports, information, or applications to be signed by an authorized representative.
7.8.5 If required by the operator of a small, medium, or large MS4, the permittee shall provide all submissions signed and certified in accordance with the requirements of this section (7.8).
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7.9 Certification. Any person signing a document under this section shall make the following certification:
"I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations."
7.10 Penalties for Falsification of Reports. The Arkansas Water and Air Pollution Control Act provides that any person who knowingly makes any false statement, representation, or certification in any application, record, report, plan or other document filed or required to be maintained under this permit shall be subject to civil penalties or criminal penalties under the authority of the Arkansas Water and Air Pollution Control Act (Ark. Code Ann. 8-4101 et seq.).
7.11 Penalties for Tampering. The Arkansas Water and Air Pollution Control act provides that any person who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required to be maintained under the Act shall be guilty of a misdemeanor and upon conviction thereof shall be subject to imprisonment for not more than one (1) year or a fine of not more than twenty five thousand dollars ($25,000) or by both such fine and imprisonment.
7.12 Oil and Hazardous Substance Liability. Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the operator from any responsibilities, liabilities, or penalties to which the operator is or may be subject under Section 311 of the Clean Water Act or Section 106 of CERCLA.
7.13 Local, State and Federal Laws. Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties established pursuant to any applicable local, state, or federal law or regulation.
7.14 Property Rights. The issuance of this permit does not convey any property rights of any sort or any exclusive privileges, nor does it authorize any injury to private property, any invasion of personal rights, or any infringement of Federal, State, or local laws or regulations.
7.15 Severability. The provisions of this permit are severable. If any provisions of this permit or the application of any provision of this permit to any circumstance is held invalid, the application of such provisions to other circumstances and the remainder of this permit shall not be affected thereby.
7.16 Transfers. This permit is not transferable to any person except after notice to the Director. A transfer form must be submitted to the Department as required by this permit.
7.17 Proper Operation and Maintenance. The operator shall at all times:
7.17.1 7.17.2
Properly operate and maintain all controls (and related appurtenances) which are installed or used by the operator to achieve compliance with the conditions of this permit. This provision requires the operation of backup or auxiliary facilities or similar systems which are installed by an operator only when the operation is necessary to achieve compliance with the conditions of the permit. Provide an adequate operating staff which is duly qualified to carry out operation, inspection, maintenance, and testing functions required to ensure compliance with the conditions of this permit.
Page 39 Part 7
Permit Number ARR000000
7.18 Inspection and Entry. The operator shall allow the Director, the EPA, or an authorized representative, or, in the case of a facility which discharges to a municipal separate storm sewer, an authorized representative of the municipal operator of the separate sewer system receiving the discharge, upon the presentation of credentials and other documents as may be required by law, to:
7.18.1 7.18.2 7.18.3
Enter upon the operator's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; Inspect at reasonable times any facilities or equipment (including monitoring and control equipment).
7.19 Permit Actions. This permit coverage may be modified, revoked and reissued, or terminated for cause including, but not limited to, the following:
7.19.1 7.19.2 7.19.3
7.19.4
7.19.5
Violation of any terms or conditions of this permit; Obtaining this permit by misrepresentation or failure to fully disclose all relevant facts; A change in any conditions that requires either a temporary or permanent reduction or elimination of the authorized discharge; A determination that the permitted activity endangers human health or the environment and can only be regulated to acceptable levels by permit modification or termination; or Failure of the operator to comply with the provisions of Reg. 9 (Fee Regulation). Failure to promptly remit all required fees shall be grounds for the Director to initiate action to terminate this permit under the provisions of 40 CFR 122.64 and 124.5(d), as adopted by reference in Reg. 6, and the provisions of Reg. 8.
7.20 Re-Opener Clause. In accordance with 40 CFR Part 122.62(a)(2), the permit may be modified, or alternatively, revoked and reissued, if new information is received that was not available at the time of permit issuance that would have justified the application of different permit conditions at the time of permit issuance.
7.21 Local Requirements. All dischargers must comply with the lawful requirements of municipalities, counties, drainage districts, and other local agencies regarding any discharges of stormwater to storm drain systems, or other water sources under their jurisdiction, including applicable requirements in municipal stormwater management programs developed to comply with the ADEQ permits. Dischargers must comply with local stormwater management requirements, policies, or guidelines including erosion and sediment control.
7.22 Requiring an Individual NPDES Permit or an Alternative General Permit.
7.22.1 At the discretion of the Director, he/she may require any operator covered under this general permit to apply for and obtain an individual NPDES permit for reasons that include but are not limited to the following:
7.22.1.1 7.22.1.2 7.22.1.3
7.22.1.4
7.22.1.5
The discharger is a significant contributor of pollution; The discharger is not in compliance with the conditions of the general permit; Conditions or standards have changed so that the discharger no longer qualifies for a general permit; Discharges into 303(d) listed stream segments is prohibited if the impairment was caused by any of the pollutants listed in the permit; and If the total maximum daily load (TMDL) requirement is more stringent than this permit then permittee shall apply for an individual permit.
7.22.2
The operator must be notified in writing that an application for an individual permit is required. When an individual NPDES permit is issued to an owner or operator otherwise covered under this general permit, the applicability of the general permit to that owner or operator automatically terminates upon the effective date of the individual NPDES permit.
Page 40 Part 7
Permit Number ARR000000
7.22.3 Any operator covered by this General Permit may request to be excluded from the coverage by applying for an individual NPDES permit.
7.23 Non-compliance Notification. In the event the Permittee is unable to comply with any of the terms and conditions of this permit that could result in the discharge of pollutants in a significant amount, the Permittee shall:
7.23.1
7.23.2 7.23.3
Take immediate action to minimize potential contamination or otherwise stop the noncompliance and correct the problem; Immediately notify the Department of the failure to comply; and Submit a detailed written report to the Department within thirty (30) days unless the Department requests an earlier submission.
The report shall contain a description of the noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and the steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. Compliance with these requirements does not relieve the Permittee from responsibility to maintain continuous compliance with the terms and conditions of this permit or the resulting liability for failure to comply.
Page 41 Part 8
Permit Number ARR000000
PART 8: DEFINITIONS
8.1 "ADEQ" or "the Department" is referencing the Arkansas Department of Environmental Quality. The Department is the governing authority for the National Pollutant Discharge Elimination System program in the state of Arkansas.
8.2 "Arkansas Pollution Control and Ecology Commission" shall be referred to as APC&EC throughout this permit.
8.3 "Best Management Practices (BMPs)" means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the pollution of Waters of the State. BMPs also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage.
8.4 "Coal Pile Runoff" means the rainfall runoff from or through any coal storage area.
8.5 "Contaminated" means the presence of or entry into the MS4, Waters of the State, or Waters of the United States of any substance which may be harmful to the public health or the quality of the water.
8.6 "Control Measure" as used in this permit, refers to any Best Management Practice or other method used to prevent or reduce the discharge of pollutants to Waters of the State.
8.7 "CWA" means the Clean Water Act or the Federal Water Pollution Control Act.
8.8 "Director" means the Director, Arkansas Department of Environmental Quality, or a designated representative.
8.9 "Discharge" when used without qualification means the "discharge of a pollutant".
8.10 "Eligible" qualified for authorization to discharge stormwater under this general permit.
8.11 "Excavation dewatering" means removal of uncontaminated (e.g. groundwater) that accumulates in an excavation that is being performed for the purpose of construction (e.g., building foundations or installation of equipment below grade). "Excavation dewatering" may include the removal of accumulated stormwater or groundwater. See also, the definition of "Mine dewatering" in Part 8.20.
8.12 "Impaired Water" a water body listed in the current, approved Arkansas 303(d) list.
8.13 "Industrial materials or activities" include, but are not limited to: material handling equipment or activities; industrial machinery; raw materials; industrial production and processes; and intermediate products, by-products, final products, and waste products.
8.14 "Harmful quantity" means the amount of any substance that will cause pollution of waters in the State, waters of the United States, or that will cause lethal or sub-lethal adverse effects on representative, sensitive aquatic monitoring organisms, upon their exposure to samples of any discharge into waters in the State, Waters of the United States, or the MS4.
8.15 "Land Application Unit" means an area where wastes are applied onto or incorporated into the soil surface (excluding manure spreading operations) for treatment or disposal.
8.16 "Landfill" means an area of land or an excavation in which wastes are placed for permanent disposal, and which is not a land application unit, surface impoundment, injection well, or waste pile.
Page 42 Part 8
Permit Number ARR000000
8.17 "Large and Medium Municipal Separate Storm Sewer System" means all municipal separate storm sewer systems that are either:
a. Located in an incorporated place with a population of 100,000 or more as determined by the latest Decennial Census by the Bureau of the Census (Appendix G of 40 CFR Part 122.26); or
b. Located in the counties listed in Appendix H of 40 CFR 122.26, except municipal separate storm sewers that are located in the incorporated places, townships or towns within such counties; or
c. Owned or operated by a municipality other than those described in paragraph (b)(4) (i) or (ii) of 40 CFR 122.26 and that are designated by the Director as part of the large or medium municipal separate storm sewer system due to the interrelationship between the discharges of the designated storm sewer and the discharges from municipal separate storm sewers described under paragraph (b)(4)(i) or (ii) of 40 CFR 122.26.
8.18 "Material handling activities" include, but are not limited to: the storage, loading and unloading, transportation, disposal, or conveyance of any raw material, intermediate product, final product or waste product.
8.19 "Minimize" means to reduce or eliminate to the extent achievable using control measures (including Best Management Practices) that are technologically available and economically practicable and achievable in light of best industry practice.
8.20 "Mine dewatering" means removal of water from areas where surface mining or quarrying activities are being conducted. These mining activities include: a) the surface extraction of clay, bauxite, sand, gravel, soil, shale or other materials for commercial purposes; b) removing the materials over a coal seam, before recovering the coal; c) removing of stone from an open pit or quarry.
8.21 "NOI" means Notice of Intent to be covered by this permit.
8.22 "NOT" means Notice of Termination.
8.23 "Operator" for the purpose of this permit and in the context of stormwater associated with industrial activity, means any person (an individual, association, partnership, corporation, municipality, state or federal agency) who has the primary management and ultimate decision-making responsibility over the operation of a facility or activity. The operator is responsible for ensuring compliance with all applicable environmental regulations and conditions.
8.24 "Outfall" means a point source where stormwater leaves the site.
8.25 "Permittee" for the purpose of this permit is any entity which has obtained coverage under the Industrial Stormwater General Permit.
8.26 "Physically Interconnected" means that one municipal separate storm sewer system is connected to a second municipal separate storm sewer system in such a way that it allows for direct discharges into the second system.
8.27 "Point Source" means any discernible, confined, and discrete conveyance, including but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, landfill leachate collection system, vessel or other floating craft from which pollutants are or may be discharged. This term does not include return flows from irrigated agriculture or agricultural stormwater runoff.
Page 43 Part 8
Permit Number ARR000000
8.28 "Small Municipal Separate Storm Sewer System" means all municipal separate storm sewer systems that are either:
a. Owned or operated by the United States, a State, city, town, borough, county, parish, district, association, or other public body (created by or pursuant to State law) having jurisdiction over disposal of sewage, industrial wastes, stormwater, or other wastes, including special districts under State law such as a sewer district, flood control district or drainage district, or similar entity, or an Indian tribe or an authorized Indian tribal organization, or a designated and approved management agency under section 208 of the CWA that discharges to Waters of the United States.
b. Not defined as "large" or "medium" municipal separate storm sewer systems pursuant to paragraphs (b)(4) and (b)(7) 40 CFR 122.26, or designated under paragraph (a)(1)(v) of 40 CFR 122.26.
c. This term includes systems similar to separate storm sewer systems in municipalities, such as systems at military bases, large hospital or prison complexes, and highways and other thoroughfares. The term does not include separate storm sewers in very discrete areas, such as individual buildings.
8.29 "Runoff Coefficient" means the fraction of total rainfall that will appear at the conveyance as runoff.
8.30 "Significant Materials" includes, but is not limited to: raw materials; fuels; materials such as solvents, detergents, and plastic pellets; finished materials such as metallic products; raw materials used in food processing or production; hazardous substances designated under Section 101(14) of CERCLA; any chemical the facility is required to report pursuant to Section 313 of Title III of SARA; fertilizers; pesticides; and waste products such as ashes, slag and sludge that have the potential to be released with stormwater discharges.
8.31 "Significant Spills" includes, but is not limited to: releases of oil or hazardous substances in excess of reportable quantities under Section 311 of the Clean Water Act (see 40 CFR 110.10 and 40 CFR 117.21) or Section 102 of CERCLA (see 40 CFR 302.4).
8.32 "Stormwater" means stormwater runoff, snow melt runoff, and surface runoff and drainage.
8.33 "Stormwater Associated with Industrial Activity" means the discharge from any conveyance which is used for collecting and conveying stormwater and which is directly related to manufacturing, processing or raw materials storage areas at an industrial plant. The term does not include discharges from facilities or activities excluded from the NPDES program. For the categories of industries identified in subparagraphs (i) through (xi) of this definition, the term includes, but is not limited to, stormwater discharges from industrial plant yards; immediate access roads and rail lines used or traveled by carriers of raw materials, manufactured products, waste material, or by-products used or created by the facility; material handling sites; refuse sites; sites used for the application or disposal of process waste waters (as defined at 40 CFR 401); sites used for the storage and maintenance of material handling equipment; sites used for residual treatment, storage, or disposal; shipping and receiving areas; manufacturing buildings; storage areas (including tank farms) for raw materials, and intermediate and finished products; and areas where industrial activity has taken place in the past and significant materials remain and are exposed to stormwater. For the purposes of this paragraph, material handling activities include the storage, loading and unloading, transportation, or conveyance of any raw material, intermediate product, finished product, by-product, or waste product. The term excludes areas located on plant lands separate from the plant's industrial activities, such as office buildings and accompanying parking lots as long as the drainage from the excluded areas is not mixed with stormwater drained from the above described, regulated areas. Industrial facilities (including industrial facilities that are Federally, State or municipally owned or operated that meet the description of the facilities listed in paragraphs (i) - (xi)) include those facilities designated under 122.26(a)(1)(v). The following categories of facilities are considered to be engaging in "industrial activity" for purposes of this subsection:
Page 44 Part 8
Permit Number ARR000000
(i) Facilities subject to stormwater effluent limitations guidelines, new source performance standards, or toxic pollutant effluent standards under 40 CFR Subchapter N (except facilities with toxic pollutant effluent standards which are exempted under category (xi) of this paragraph; "Note that the phrase `toxic pollutant effluent standards' refers to standards codified at 40 CFR 129 which applies only to manufacturers of 6 specific pesticide products that are defined as toxic pollutants. The phrase does not apply to facilities subject to effluent limitation guidelines for toxics under 40 CFR Subchapter N."
(ii) Facilities classified as Standard Industrial Classifications 24 (except 2434), 26 (except 265 and 267), 28 (except 283), 29, 311, 32 (except 323), 33, 3441, 373;
(iii) Facilities classified as Standard Industrial Classifications 10 through 14 (mineral industry) including active or inactive mining operations (except for areas of coal mining operations meeting the definition of a reclamation area under 40 CFR 434.11(l)) and oil and gas exploration, production, processing, or treatment operations, or transmission facilities that discharge stormwater contaminated by contact with or that has come into contact with, any overburden, raw material, intermediate products, finished products, by-products, or waste products located on the site of such operations; inactive mining operations are mining sites that are not being actively mined, but which have an identifiable Operator;
(iv) Hazardous waste treatment, storage, or disposal facilities, including those that are operating under interim status or a permit under Subtitle C of RCRA;
(v) Landfills, land application sites, and open dumps that have received any industrial wastes (waste that is received from any of the facilities described under this subsection) including those that are subject to Subtitle D of RCRA;
(vi) Facilities involved in the recycling of materials, including junkyards, battery reclaimers, salvage yards, and automobile junkyards, including but not limited to those classified as Standard Industrial Classification 5015 and 5093;
(vii) Steam electric power generating facilities, including coal handling sites;
(viii) Transportation facilities classified as Standard Industrial Classifications 40, 41, 42 (except 4221-4225), 43, 44, 45 and 5171 which have vehicle maintenance shops, equipment cleaning operations, or airport deicing operations. Only those portions of the facility that are either involved in vehicle maintenance (including vehicle rehabilitation, mechanical repairs, painting, fueling, and lubrication), equipment cleaning operations, airport deicing operations, or which are otherwise identified under paragraphs (i) -(vii) or (ix) - (xi) of this subsection are associated with industrial activity;
(ix) Treatment works treating domestic sewage or any other sewage sludge or wastewater treatment device or system, used in the storage, treatment, recycling, and reclamation of municipal or domestic sewage, including land dedicated to the disposal of sewage sludge that are located within the confines of the facility, with a design flow of 1.0 MGD or more, or required to have an approved pretreatment program under 40 CFR 403. Not included are farm lands, domestic gardens, or lands used for sludge management where sludge is beneficially reused and which are not physically located in the confines of the facility, or areas that are in compliance with 40 CFR 405.
(x) Construction activity including clearing, grading and excavation, except operations that result in the disturbance of less than five acres of total land area. Construction activity also includes the disturbance of less than five acres of total land area that is a part of a larger common plan of development or sale if the larger common plan will ultimately disturb five acres or more;
NOTE: See exclusion under Part 1.8.2.
(xi) Facilities under Standard Industrial Classifications 20, 21, 22, 23, 2434, 25, 265, 267, 27, 283, 285, 30, 31 (except 311), 323, 34 (except 3441), 35, 36, 37 (except 373), 38, 39, 4221-4225.
Page 45 Part 8
Permit Number ARR000000
8.34 "Stormwater Pollution Prevention Plan (SWPPP or SWP3)" a plan that includes site map(s), an identification of facility activities that could cause pollutants in the stormwater, and a description of measures or practices to control these pollutants (BMPs).
8.35 "Total Maximum Daily Load" or "TMDL" the sum of the individual wasteload allocations (WLAs) for point sources and load allocations (LAs) for non-point sources and natural background. If receiving water has only one point source discharger, the TMDL is the sum of that point source WLA plus the LAs for any non-point sources of pollution and natural background sources, tributaries, or adjacent segments. TMDLs can be expressed in terms of either mass per time, toxicity, or other appropriate measure.
8.36 "Uncontaminated" means that the water will not exceed the water quality standards as set forth in Reg. 2; also not containing a harmful quantity of any substance.
8.37 "Urbanized Area" means the areas of urban population density delineated by the Bureau of the Census for statistical purposes and generally consisting of the land area comprising one or more central place(s) and the adjacent densely settled surrounding area that together have a residential population of at least 50,000 and an overall population density of at least 1,000 people per square mile as determined by the latest Decennial Census by the Bureau of Census.
8.38 "Waste Pile" means any non-containerized accumulation of solid, non-flowing waste that is used for treatment or storage.
8.39 "10-year, 24-hour Precipitation Event" means the maximum 24-hour precipitation event with a probable reoccurrence interval of once in 10 years. This information is available in "Weather Bureau Technical Paper No. 40", May 1961 and "NOAA Atlas 2", 1973 for the 11 Western States, and may be obtained from the National Climatic Center of the Environmental Data Service, National Oceanic and Atmospheric Administration, U. S. Department of Commerce.
Anthony Timberlands/ Bearden Permit # ARR00B472
Inspection Date 03/09/2023
Appendix 3 Anthony Timberlands-Bearden
AEE/DEQ Permit AR0053236- Process Water
Permit Number: AR0053236 AFIN: 52-00035
AUTHORIZATION TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM AND
THE ARKANSAS WATER AND AIR POLLUTION CONTROL ACT
In accordance with the provisions of the Arkansas Water and Air Pollution Control Act (Ark. Code Ann. 8-4-101 et seq.), and the Clean Water Act (33 U.S.C. 1251 et seq.),
Anthony Timberlands, Inc.
is authorized to discharge wet deck water, equipment washwater, kiln condensate, wet scrubber discharge, boiler blowdown, and stormwater from a facility located as follows: 111 S Plum Street, Bearden, AR 71720, in Ouachita County. Head southwest on 1st street in downtown Bearden, then turn left onto Plum Street. The main office is the first building on the right.
Facility Coordinates: Latitude: 33 43' 18.56" N; Longitude: 92 37' 0.10" W
Discharge is to receiving waters named:
an unnamed tributary, thence to Two Bayou, thence to the Ouachita River in Segment 2D of the Ouachita River Basin.
The outfall is located at the following coordinates:
Outfall 001:
Latitude: 33 43' 02.43" N; Longitude: 92 37' 14.98" W
Discharge shall be in accordance with effluent limitations, monitoring requirements, and other conditions set forth in this permit. Per Part III.D.10, the permittee must re-apply 180 days prior to the expiration date below for permit coverage to continue beyond the expiration date.
Effective Date: October 1, 2021 Expiration Date: September 30, 2026
_____________________________________ Alan J. York Associate Director, Office of Water Quality Arkansas Department of Energy and Environment Division of Environmental Quality
08/24/21 ______________________________ Issue Date
Permit Number: AR0053236 AFIN: 52-00035 Page 1 of Part IA
PART I PERMIT REQUIREMENTS
SECTION A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS: OUTFALL 001 - wet deck water, equipment washwater, kiln condensate, wet scrubber discharge, boiler blowdown, and stormwater.
During the period beginning on the effective date and lasting until the date of expiration, the permittee is authorized to discharge from Outfall 001. Such discharges shall be limited and monitored by the permittee as specified below as well as Parts II and III. See Part IV for all definitions.
Discharge Limitations
Monitoring Requirements
Effluent Characteristics
Flow Chemical Oxygen Demand (COD) Total Suspended Solids (TSS) Dissolved Oxygen (DO) Debris Oil and Grease (O&G) pH
Mass
(lbs/day, unless
otherwise specified)
Monthly Daily
Avg.
Max.
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
Concentration
(mg/l, unless
otherwise specified)
Monthly
Daily
Avg.
Max.
Report,
Report,
MGD
MGD
50
75
35.0
52.5
2.0 (Inst. Min.)
N/A
03
10
15
Minimum Maximum
6.0 s.u.
9.0 s.u.
Frequency
twice/week1 once/month2 once/month2 once/month2 once/month2 once/month2 once/month2
Sample Type
instantaneous grab grab grab visual grab grab
1 When discharging. 2 When discharging. Sampling must be performed on the first discharge of the calendar month that occurs during operational hours. 3 Report 0 = No, 1 = Yes
________________________________________________________________________________________________________________
Oil, grease, or petrochemical substances shall not be present in receiving waters to the extent that they produce globules or other residue or any visible, colored film on the surface or coat the banks and/or bottoms of the waterbody or adversely affect any of the associated biota. There shall be no visible sheen as defined in Part IV of this permit.
Samples and measurements taken as required herein shall be representative of the volume and nature of the monitored discharge during the entire monitoring period. Samples shall be taken after the final treatment unit, prior to the receiving stream.
SECTION B. PERMIT COMPLIANCE SCHEDULE None
Permit Number: AR0053236 AFIN: 52-00035 Page 1 of Part IB
Permit Number: AR0053236 AFIN: 52-00035 Page 1 of Part II
PART II OTHER CONDITIONS
1. In accordance with 40 C.F.R. 122.62(a)(2) and 124.5, this permit may be reopened for modification or revocation and/or reissuance to require additional monitoring and/or effluent limitations when new information is received that actual or potential exceedance of State water quality criteria and/or narrative criteria are determined to be the result of the permittee's discharge(s) to a relevant water body or a Total Maximum Daily Load (TMDL) is established or revised for the water body that was not available at the time of the permit issuance that would have justified the application of different permit conditions at the time of permit issuance.
2. Other Specified Monitoring Requirements
The permittee may use alternative appropriate monitoring methods and analytical instruments other than as specified in Part I Section A of the permit without a major permit modification under the following conditions:
The monitoring and analytical instruments are consistent with accepted scientific practices. The requests shall be submitted in writing to the Permits Branch of the Office of Water
Quality of the DEQ for use of the alternate method or instrument. The method and/or instrument is in compliance with 40 C.F.R. 136 or approved in
accordance with 40 C.F.R. 136.5. All associated devices are installed, calibrated, and maintained to ensure the accuracy of
the measurements and are consistent with the accepted capability of that type of device. The calibration and maintenance shall be performed as part of the permittee's laboratory Quality Assurance/Quality Control (QA/QC) program.
Upon written approval of the alternative monitoring method and/or analytical instruments, these methods or instruments must be consistently utilized throughout the monitoring period. DEQ must be notified in writing and the permittee must receive written approval from DEQ if the permittee decides to return to the original permit monitoring requirements.
3. Best Management Practices (BMPs), as defined in Part IV.7, must be implemented for the facility to prevent or reduce the pollution of waters of the State from stormwater runoff, spills or leaks, and/or waste disposal. The permittee must amend the BMPs whenever there is a change in the facility or a change in the operation of the facility.
4. Discharge of water other than the sources listed below into waters of the state is prohibited:
a. Boiler blowdown b. Kiln condensate c. Stormwater runoff d. Wetdeck runoff e. Makeup water f. Wet scrubber discharge
Permit Number: AR0053236 AFIN: 52-00035 Page 2 of Part II
g. Select non-stormwater discharges listed below: i. Discharges from firefighting activities ii. Fire hydrant flushings
iii. Runoff from irrigations using non-process water iv. Routine external building washdown which does not use detergents v. Uncontaminated condensate from air conditioners, coolers, and other compressors and
from the outside storage of refrigerated gases or liquids (such as the discharge of thawed condensate from the surface of liquid nitrogen tanks stored outdoors vi. Non-process water used for dust suppression on roads
5. The term "10-year, 24-hour precipitation event" means the maximum 24-hour precipitation event with a probable recurrence interval of once in ten years as defined by the National Weather Service and Technical Paper No. 40, "Rainfall Frequency Atlas of the U.S.", May 1961, or equivalent regional or rainfall probability information developed therefrom.
6. The applicant is required to maintain adequate storage capacity for a storm event up to 10year, 24-hour storm event. This capacity must exclude 2.0 feet freeboard which must exist above the total volume required for normal operation plus the required storm surge capacity.
PART III STANDARD CONDITIONS
Permit Number: AR0053236 AFIN: 52-00035 Page 1 of Part III
SECTION A - GENERAL CONDITIONS
1. Duty to Comply
The permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the federal Clean Water Act and the Arkansas Water and Air Pollution Control Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; and/or for denial of a permit renewal application. Any values reported in the required Discharge Monitoring Report (DMR) which are in excess of an effluent limitation specified in Part I shall constitute evidence of violation of such effluent limitation and of this permit.
2. Penalties for Violations of Permit Conditions
The Arkansas Water and Air Pollution Control Act provides that any person who violates any provisions of a permit issued under the Act shall be guilty of a misdemeanor and upon conviction thereof shall be subject to imprisonment for not more than one (1) year, or a fine of not more than twenty-five thousand dollars ($25,000) or by both such fine and imprisonment for each day of such violation. Any person who violates any provision of a permit issued under the Act may also be subject to civil penalty in such amount as the court shall find appropriate, not to exceed ten thousand dollars ($10,000) for each day of such violation. The fact that any such violation may constitute a misdemeanor shall not be a bar to the maintenance of such civil action.
3. Permit Actions
This permit may be modified, revoked and reissued, or terminated for cause including, but not limited to the following:
A. Violation of any terms or conditions of this permit. B. Obtaining this permit by misrepresentation or failure to disclose fully all relevant facts. C. A change in any conditions that requires either a temporary or permanent reduction or
elimination of the authorized discharge. D. A determination that the permitted activity endangers human health or the environment
and can only be regulated to acceptable levels by permit modification or termination. E. Failure of the permittee to comply with the provisions of APC&EC Rule 9 (Permit fees)
as required by Part III.A.11 herein.
The filing of a request by the permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance, does not stay any permit condition.
4. Toxic Pollutants
Permit Number: AR0053236 AFIN: 52-00035 Page 2 of Part III
Notwithstanding Part III.A.3, if any toxic effluent standard or prohibition (including any schedule of compliance specified in such effluent standard or prohibition) is promulgated under APC&EC Rule 2, as amended, or Section 307(a) of the Clean Water Act for a toxic pollutant which is present in the discharge and that standard or prohibition is more stringent than any limitations on the pollutant in this permit, this permit shall be modified or revoked and reissued to conform to the toxic effluent standards or prohibition and the permittee so notified.
The permittee shall comply with effluent standards, narrative criteria, or prohibitions established under APC&EC Rule 2, as amended, or Section 307(a) of the Clean Water Act for toxic pollutants within the time provided in the regulations that establish those standards or prohibitions, even if the permit has not yet been modified to incorporate the requirement.
5. Civil and Criminal Liability
Except as provided in permit conditions for "Bypass of Treatment Facilities" (Part III.B.4), and "Upset" (Part III.B.5), nothing in this permit shall be construed to relieve the permittee from civil or criminal penalties for noncompliance. Any false or materially misleading representation or concealment of information required to be reported by the provisions of this permit or applicable state and federal statues or regulations which defeats the regulatory purposes of the permit may subject the permittee to criminal enforcement pursuant to the Arkansas Water and Air Pollution Control Act (Ark. Code Ann. 8-4-101 et seq.).
6. Oil and Hazardous Substance Liability
Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject to under Section 311 of the Clean Water Act.
7. State Laws
Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties established pursuant to any applicable State law or regulation under authority preserved by Section 510 of the Clean Water Act.
8. Property Rights
The issuance of this permit does not convey any property rights of any sort, or any exclusive privileges, nor does it authorize any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State, or local laws or regulations.
9. Severability
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The provisions of this permit are severable, and if any provision of this permit, or the application of any provisions of this permit to any circumstance is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby.
10. Applicable Federal, State or Local Requirements
Permittees are responsible for compliance with all applicable terms and conditions of this permit. Receipt of this permit does not relieve any operator of the responsibility to comply with any other applicable federal requirements such as endangered species, state or local statute, ordinance or regulation.
11. Permit Fees
The permittee shall comply with all applicable permit fee requirements (i.e., including annual permit fees following the initial permit fee that will be invoiced every year the permit is active) for wastewater discharge permits as described in APC&EC Rule 9 (Rule for the Fee System for Environmental Permits). Failure to promptly remit all required fees shall be grounds for the Director to initiate action to terminate this permit under the provisions of 40 C.F.R. 122.64 and 124.5(d), as adopted in APC&EC Rule 6 and the provisions of APC&EC Rule 8.
SECTION B - OPERATION AND MAINTENANCE OF POLLUTION CONTROLS
1. Proper Operation and Maintenance
A. The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of backup or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of the permit.
B. The permittee shall provide an adequate operating staff which is duly qualified to carryout operation, maintenance, and testing functions required to ensure compliance with the conditions of this permit.
2. Need to Halt or Reduce not a Defense
It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of this permit. Upon reduction, loss, or failure of the treatment facility, the permittee shall, to the extent necessary to maintain compliance with its permit, control
Permit Number: AR0053236 AFIN: 52-00035 Page 4 of Part III
production or discharges or both until the facility is restored or an alternative method of treatment is provided. This requirement applies, for example, when the primary source of power for the treatment facility is reduced, is lost, or alternate power supply fails.
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 or the water receiving the discharge.
4. Bypass of Treatment Facilities
"Bypass" means the intentional diversion of waste streams from any portion of a treatment facility, as defined at 40 CFR 122.41(m)(1)(i).
A. Bypass not exceeding limitation
The permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Parts III.B.4.B and 4.C.
B. Notice
1. Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass.
2. Unanticipated bypass. The permittee shall submit notice of an unanticipated bypass as required in Part III.D.6 (24-hour notice).
C. Prohibition of bypass
1. Bypass is prohibited and the Director may take enforcement action against a permittee for bypass, unless:
(a) Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage;
(b) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if the permittee could have installed adequate backup equipment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and
(c) The permittee submitted notices as required by Part III.B.4.B.
2. The Director may approve an anticipated bypass, after considering its adverse effects, if the Director determines that it will meet the three conditions listed above in Part III.B.4.C(1).
5. Upset Conditions
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A. Effect of an upset. An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of Part III.B.5.B of this section are met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review.
B. Conditions necessary for demonstration of upset. A permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that:
1. An upset occurred and that the permittee can identify the specific cause(s) of the upset. 2. The permitted facility was at the time being properly operated. 3. The permittee submitted notice of the upset as required by Part III.D.6. 4. The permittee complied with any remedial measures required by Part III.B.3.
C. Burden of proof. In any enforcement proceeding, the permittee seeking to establish the occurrence of an upset has the burden of proof.
6. Removed Substances
A. Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be disposed of in a manner such as to prevent any pollutant from such materials from entering waters of the State. The Permittee must comply with all applicable state and Federal regulations governing the disposal of sludge, including but not limited to 40 C.F.R. 503, 40 C.F.R. 257, and 40 C.F.R. 258.
B. Any changes to the permittee's disposal practices described in the Statement of Basis, as derived from the permit application, will require at least 180 days prior notice to the Director to allow time for additional permitting. Please note that the 180 day notification requirement may be waived if additional permitting is not required for the change.
7. Power Failure
The permittee is responsible for maintaining adequate safeguards to prevent the discharge of untreated or inadequately treated wastes during electrical power failure either by means of alternate power sources, standby generators, or retention of inadequately treated effluent.
SECTION C - MONITORING AND RECORDS
1. Representative Sampling
Samples and measurements taken as required herein shall be representative of the volume and nature of the monitored discharge during the entire monitoring period. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified,
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before the effluent joins or is diluted by any other waste stream, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Director. Intermittent discharge shall be monitored.
2. Flow Measurement
Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be installed, calibrated, and maintained to ensure the accuracy of the measurements are consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than +/- 10% from true discharge rates throughout the range of expected discharge volumes and shall be installed at the monitoring point of the discharge.
Calculated Flow Measurement
For calculated flow measurements that are performed in accordance with either the permit requirements or a Division approved method (i.e., as allowed in the Other Specified Monitoring Requirements condition under Part II), the +/- 10% accuracy requirement described above is waived. This waiver is only applicable when the method used for calculation of the flow has been reviewed and approved by the Division.
3. Monitoring Procedures
Monitoring must be conducted according to test procedures approved under 40 C.F.R. 136, unless other test procedures have been specified in this permit. The permittee shall calibrate and perform maintenance procedures on all monitoring and analytical instrumentation at intervals frequent enough to ensure accuracy of measurements and shall ensure that both calibration and maintenance activities will be conducted. An adequate analytical quality control program, including the analysis of sufficient standards, spikes, and duplicate samples to ensure the accuracy of all required analytical results shall be maintained by the permittee or designated commercial laboratory. At a minimum, spikes and duplicate samples are to be analyzed on 10% of the samples.
4. Penalties for Tampering
The Arkansas Water and Air Pollution Control Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under the Act shall be guilty of a misdemeanor and upon conviction thereof shall be subject to imprisonment for not more than one (1) year or a fine of not more than ten thousand dollars ($10,000) or by both such fine and imprisonment.
5. Reporting of Monitoring Results
40 CFR 127.11(a)(1) and 40 CFR 127.16(a) require that monitoring reports must be reported on a Discharge Monitoring Reports (DMR) and filed electronically. Signatory Authorities
Permit Number: AR0053236 AFIN: 52-00035 Page 7 of Part III
must initially request access for a NetDMR account. Once a NetDMR account is established, access to electronic filing should use the following link https://cdx.epa.gov. Permittees who are unable to file electronically may request a waiver from the Director in accordance with 40 CFR 127.15. Monitoring results obtained during the previous monitoring period shall be summarized and reported on a DMR dated and submitted no later than the 25th day of the month, following the completed reporting period beginning on the effective date of the permit.
6. Additional Monitoring by the Permittee
If the permittee monitors any pollutant more frequently than required by this permit, using test procedures approved under 40 C.F.R. 136 or as specified in this permit, the results of this monitoring shall be included in the calculation and reporting of the data submitted in the DMR. Such increased frequency shall also be indicated on the DMR.
7. Retention of Records
The permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip 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 this permit for a period of at least 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.
8. Record Contents
Records and monitoring information shall include:
A. The date, exact place, time and methods of sampling or measurements, and preservatives used, if any.
B. The individual(s) who performed the sampling or measurements. C. The date(s) and time analyses were performed. D. The individual(s) who performed the analyses. E. The analytical techniques or methods used. F. The measurements and results of such analyses.
9. 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 where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit.
B. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit.
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C. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit.
D. Sample, inspect, or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location.
SECTION D - REPORTING REQUIREMENTS
1. Planned Changes
The Permittee shall give notice to the Director as soon as possible but no later than 180 days prior to any planned physical alterations or additions to the permitted facility [40 CFR 122.41(l)]. Notice is required only when:
A. The alteration or addition to a permitted facility may meet one of the criteria for new sources at 40 CFR 122.29(b).
B. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants subject to effluent limitations in the permit, or to the notification requirements under 40 CFR 122.42(b).
2. 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.
3. Transfers
The permit is nontransferable 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 under the Act.
4. Monitoring Reports
Monitoring results shall be reported at the intervals and in the form specified in Part III.C.5. Discharge Monitoring Reports must be submitted even when no discharge occurs during the reporting period.
5. Compliance Schedule
Reports of compliance or noncompliance with, or any progress reports on, interim and final requirements contained in any compliance schedule of this permit shall be submitted no later than 14 days following each schedule date. Any reports of noncompliance shall include the cause of noncompliance, any remedial actions taken, and the probability of meeting the next scheduled requirement.
6. Twenty-four Hour Report
Permit Number: AR0053236 AFIN: 52-00035 Page 9 of Part III
Please be aware that the notifications can be sent by email to water-enforcementreport@adeq.state.ar.us or at 501-682-0624 for immediate reporting:
A. The permittee shall report any noncompliance which may endanger health or the environment within 24 hours from the time the permittee becomes aware of the circumstances to the Enforcement Branch of the Office of Water Quality of DEQ. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. The written submission shall contain the following information:
1. A description of the noncompliance and its cause. 2. The period of noncompliance, including exact dates and times, and if the
noncompliance has not been corrected, the anticipated time it is expected to continue. 3. Steps taken or planned to reduce, eliminate, and prevent reoccurrence of the
noncompliance.
B. The following must be reported within 24 hours:
1. Any unanticipated bypass which exceeds any effluent limitation in the permit. 2. Any upset which exceeds any effluent limitation in the permit. 3. Violation of a maximum daily discharge limitation for any of the pollutants listed by
the Director in Part I of the permit.
C. The Director may waive the written report on a case-by-case basis if the notification has been received within 24 hours to the Enforcement Branch of the Office of Water Quality of the DEQ.
7. Other Noncompliance
The permittee shall report all instances of noncompliance not reported under Parts III.D.4, 5, and 6, at the time monitoring reports are submitted. The reports shall contain the information listed at Part III.D.6.
8. Changes in Discharge of Toxic Substances for Industrial Dischargers including Existing Manufacturing, Commercial, Mining, and Silvicultural Dischargers
The Director shall be notified as soon as the permittee knows or has reason to believe:
A. That any activity has occurred or will occur which would result in the discharge on a routine or frequent basis of any toxic pollutant including those listed in 40 CFR 401.15 which is not limited in the permit, if that discharge will exceed the highest of the "notification levels" described in 40 C.F.R. 122.42(a)(1).
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B. That any activity has occurred or will occur which would result in any discharge on a non-routine or infrequent basis of a toxic pollutant including those listed in 40 CFR 401.15 which is not limited in the permit, if that discharge will exceed the highest of the "notification levels" described in 40 C.F.R. 122.42(a)(2).
9. Duty to Provide Information
The permittee shall furnish to the Director, within a reasonable time, any information which the Director may request to determine whether cause exists for modifying, revoking and reissuing, or terminating 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. Information shall be submitted in the form, manner and time frame requested by the Director.
10. Duty to Reapply
If the permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the permittee must apply for and obtain a new permit. The complete application shall be submitted at least 180 days before the expiration date of this permit. The Director may grant permission to submit an application less than 180 days in advance but no later than the permit expiration date. Continuation of expiring permits shall be implemented through procedures outlined by APC&EC Rule 6.
11. Signatory Requirements
All applications, reports, or information submitted to the Director shall be signed and certified as follows:
A. All permit applications shall be signed as follows:
1. For a corporation: by a responsible corporate officer. For the purpose of this section, a responsible corporate officer means:
(a) A president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation.
(b) The manager of one or more manufacturing, production, or operation facilities, provided: the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.
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2. For a partnership or sole proprietorship: by a general partner or proprietor, respectively.
3. For a municipality, State, Federal, or other public agency, by either a principal executive officer or ranking elected official. For purposes of this section, a principal executive officer of a Federal agency includes:
(a) The chief executive officer of the agency. (b) A senior executive officer having responsibility for the overall operations of a
principal geographic unit of the agency.
B. All reports required by the permit and other information requested by the Director shall be signed by a person described above or by a duly authorized representative of that person. A person is a duly authorized representative only if:
1. The authorization is made in writing by a person described above. 2. The authorization specified either an individual or a position having responsibility for
the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or a well field, superintendent, or position of equivalent responsibility. (A duly authorized representative may thus be either a named individual or any individual occupying a named position). 3. The written authorization is submitted to the Director.
C. Certification. Any person signing a document under this section shall make the following certification:
"I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations."
12. Availability of Reports
Except for data determined to be confidential under 40 C.F.R. 2 and APC&EC Rule 6, all reports prepared in accordance with the terms of this permit shall be available for public inspection at the offices of the Division of Environmental Quality. As required by the Rules, the name and address of any permit applicant or permittee, permit applications, permits, and effluent data shall not be considered confidential.
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13. Penalties for Falsification of Reports
The Arkansas Air and Water Pollution Control Act provides that any person who knowingly makes any false statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained under this permit shall be subject to civil penalties specified in Part III.A.2 and/or criminal penalties under the authority of the Arkansas Water and Air Pollution Control Act (Ark. Code Ann. 8-4-101 et seq.).
14. 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.
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PART IV DEFINITIONS
All definitions contained in Section 502 of the Clean Water Act and 40 CFR 122.2 shall apply to this permit and are incorporated herein by reference. Additional definitions of words or phrases used in this permit are as follows:
1. "7-Day Average" also known as "average weekly," means the highest allowable average of "daily discharges" over a calendar week, calculated as the sum of all "daily discharges" measured during a calendar week divided by the number of "daily discharges" measured during that week. The 7-Day Average for Fecal Coliform Bacteria (FCB) or E. coli is the geometric mean of the "daily discharges" of all effluent samples collected during a calendar week in colonies per 100 ml.
2. "Act" means the Clean Water Act, Public Law 95-217 (33.U.S.C. 1251 et seq.) as amended. 3. "Administrator" means the Administrator of the U.S. Environmental Protection Agency. 4. "APC&EC" means the Arkansas Pollution Control and Ecology Commission. 5. "Applicable effluent standards and limitations" means all State and Federal effluent
standards and limitations to which a discharge is subject under the Act, including, but not limited to, effluent limitations, standards of performance, toxic effluent standards and prohibitions, and pretreatment standards. 6. "Applicable water quality standards" means all water quality standards to which a discharge is subject under the federal Clean Water Act and which has been (a) approved or permitted to remain in effect by the Administrator following submission to the Administrator pursuant to Section 303(a) of the Act, or (b) promulgated by the Director pursuant to Section 303(b) or 303(c) of the Act, and standards promulgated under (APC&EC) Rule 2, as amended. 7. "Best Management Practices (BMPs)" are activities, practices, maintenance procedures, and other management practices designed to prevent or reduce the pollution of waters of the State. BMPs also include treatment technologies, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw sewage. BMPs may include structural devices or nonstructural practices. 8. "Bypass" means the intentional diversion of waste streams from any portion of a treatment facility, as defined at 40 CFR 122.41(m)(1)(i). 9. "Composite sample" is a mixture of grab samples collected at the same sampling point at different times, formed either by continuous sampling or by mixing a minimum of 4 effluent portions collected at equal time intervals (but not closer than one hour apart) during operational hours, within the 24-hour period, and combined proportional to flow or a sample collected at more frequent intervals proportional to flow over the 24-hour period. 10. "CV" means coefficient of variation. 11. "Daily Discharge" means the discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the calendar day for purposes of sampling. A. Mass Calculations: For pollutants with limitations expressed in terms of mass, the "daily
discharge" is calculated as the total mass of pollutant discharged over the sampling day. B. Concentration Calculations: 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.
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12. "Daily Maximum" discharge limitation means the highest allowable "daily discharge" during the calendar month.
13. "Director" means the Director of the Division of Environmental Quality. 14. "Dissolved oxygen limit" shall be defined as follows:
A. When limited in the permit as a minimum monthly average, shall mean the lowest acceptable monthly average value, determined by averaging all samples taken during the calendar month.
B. When limited in the permit as an instantaneous minimum value, shall mean that no value measured during the reporting period may fall below the stated value.
15. "E. coli" a sample consists of one effluent grab portion collected during a 24-hour period at peak loads. For E. coli, report the Daily Maximum as the highest "daily discharge" during the calendar month and the Monthly Average as the geometric mean of all "daily discharges" within a calendar month, in colonies per 100 ml.
16. "Division" means the Division of Environmental Quality (DEQ). 17. "Fecal Coliform Bacteria (FCB)" a sample consists of one effluent grab portion collected
during a 24-hour period at peak loads. For FCB, report the Daily Maximum as the highest "daily discharge" during the calendar month and the Monthly Average as the geometric mean of all "daily discharges" within a calendar month, in colonies per 100 ml. 18. "Grab sample" means an individual sample collected in less than 15 minutes in conjunction with an instantaneous flow measurement. 19. "Industrial User" means a nondomestic discharger, as identified in 40 C.F.R. 403, introducing pollutants to a publicly owned treatment works (POTW). 20. "Instantaneous flow measurement" means the flow measured during the minimum time required for the flow-measuring device or method to produce a result in that instance. To the extent practical, instantaneous flow measurements coincide with the collection of any grab samples required for the same sampling period so that together the samples and flow are representative of the discharge during that sampling period. 21. "Instantaneous Maximum" when limited in the permit as an instantaneous maximum value, shall mean that no value measured during the reporting period may fall above the stated value. 22. "Instantaneous Minimum" an instantaneous minimum value, shall mean that no value measured during the reporting period may fall below the stated value. 23. "Monitoring and Reporting" When a permit becomes effective, monitoring requirements are of the immediate period of the permit effective date. Where the monitoring requirement for an effluent characteristic is monthly or more frequently, the Discharge Monitoring Report (DMR) shall be submitted by the 25th of the month following the sampling. Where the monitoring requirement for an effluent characteristic is Quarterly, Semi-Annual, Annual, or Yearly, the DMR shall be submitted by the 25th of the month following the monitoring period end date. A. MONTHLY:
is defined as a calendar month or any portion of a calendar month for monitoring requirement frequency of once/month or more frequently. B. BI-MONTHLY: is defined as two (2) calendar months or any portion of 2 calendar months for monitoring requirement frequency of once/2 months or more frequently.
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C. QUARTERLY: 1. is defined as a fixed calendar quarter or any part of the fixed calendar quarter for a non-seasonal effluent characteristic with a measurement frequency of once/quarter. Fixed calendar quarters are: January through March, April through June, July through September, and October through December. 2. is defined as a fixed three month period (or any part of the fixed three month period) of or dependent upon the seasons specified in the permit for a seasonal effluent characteristic with a monitoring requirement frequency of once/quarter that does not coincide with the fixed calendar quarter. Seasonal calendar quarters are: May through July, August through October, November through January, and February through April.
D. SEMI-ANNUAL: is defined as the fixed time periods January through June, and July through December (or any portion thereof) for an effluent characteristic with a measurement frequency of once/6 months or twice/year.
E. ANNUAL or YEARLY: is defined as a fixed calendar year or any portion of the fixed calendar year for an effluent characteristic or parameter with a measurement frequency of once/year. A calendar year is January through December, or any portion thereof.
24. "Monthly Average" 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. For Fecal Coliform Bacteria (FCB) or E. coli, report the Monthly Average as the geometric mean of all "daily discharges" within a calendar month.
25. "National Pollutant Discharge Elimination System" means the national program for issuing, modifying, revoking and reissuing, terminating, monitoring and enforcing permits, and imposing and enforcing pretreatment requirements under Sections 307, 402, 318, and 405 of the Clean Water Act.
26. "NOEC" means No Observed Effect Concentration. 27. "PMSD" means Percent Minimum Significant Difference. 28. "POTW" means Publicly Owned Treatment Works; 29. "Reduction of CBOD5/BOD5 and TSS in mg/l Formula"
[(Influent - Effluent) / Influent] 100 30. "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 products. 31. "Sewage sludge" means the solids, residues, and precipitate separated from or created in sewage by the unit processes at a POTW. Sewage as used in this definition means any wastes, including wastes from humans, households, commercial establishments, industries, and stormwater runoff that are discharged to or otherwise enter a POTW. 32. "Treatment works" means any devices and systems used in storage, treatment, recycling, and reclamation of municipal sewage and industrial wastes, of a liquid nature to implement section 201 of the Act, or necessary to recycle reuse water at the most economic cost over the estimated life of the works, including intercepting sewers, sewage collection systems, pumping, power and other equipment, and alterations thereof; elements essential to provide a
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reliable recycled supply such as standby treatment units and clear well facilities, and any works, including site acquisition of the land that will be an integral part of the treatment process or is used for ultimate disposal of residues resulting from such treatment. 33. Units of Measure: "MGD" shall mean million gallons per day. "mg/l" shall mean milligrams per liter or parts per million (ppm). "g/l" shall mean micrograms per liter or parts per billion (ppb). "cfs" shall mean cubic feet per second. "ppm" shall mean parts per million. "s.u." shall mean standard units. 34. "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. Any upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, lack of preventive maintenance, or careless or improper operations. 35. "Visible sheen" means the presence of a film or sheen upon or a discoloration of the surface of the discharge. A sheen can also be from a thin glistening layer of oil on the surface of the discharge. 36. "Weekday" means Monday - Friday.
Final Statement of Basis
This Statement of Basis is for information and justification of the permit requirements only. Please note that it is not enforceable. This permitting decision is for the issuance of discharge Permit Number AR0053236 with Arkansas Department of Energy and Environment - Division of Environmental Quality (DEQ) Arkansas Facility Identification Number (AFIN) 52-00035 to discharge to Waters of the State.
1. PERMITTING AUTHORITY
The issuing office is:
Division of Environmental Quality 5301 Northshore Drive North Little Rock, Arkansas 72118-5317
2. APPLICANT
The applicant's mailing address is:
The facility address is:
Anthony Timberlands, Inc. PO Box 137 Bearden, AR 71720
Anthony Timberlands, Inc. 111 S Plum Street Bearden, AR 71720
3. PREPARED BY
The permit was prepared by:
Guy Lester, P.E. Staff Engineer NPDES Discharge Permits Section Office of Water Quality (501) 519-0304 E-mail: lester@adeq.state.ar.us
Jessica Sears, P.E. Engineer Supervisor NPDES Discharge Permits Section Office of Water Quality (501) 682-0621 E-mail: jessica.sears@adeq.state.ar.us
4. PERMIT ACTIVITY
This is a new permit.
The permittee submitted a permit issuance application on September 23, 2020, and all additional information was received by March 18, 2021. A discharge permit is issued for a 5year term in accordance with regulations promulgated at 40 C.F.R. 122.46(a).
Page 2 of Statement of Basis Permit Number: AR0053236
AFIN: 52-00035
DOCUMENT ABBREVIATIONS
In the document that follows, various abbreviations are used. They are as follows:
APC&EC - Arkansas Pollution Control and Ecology Commission BAT - best available technology economically achievable BCT - best conventional pollutant control technology BMP - best management practice BOD5 - five-day biochemical oxygen demand BPJ - best professional judgment BPT - best practicable control technology currently available CBOD5 - carbonaceous biochemical oxygen demand CD - critical dilution CFR - Code of Federal Regulations cfs - cubic feet per second COD - chemical oxygen demand COE - United States Corp of Engineers CPP - continuing planning process CWA - Clean Water Act DMR - discharge monitoring report DO - dissolved oxygen ELG - effluent limitation guidelines EPA - United States Environmental Protection Agency ESA - Endangered Species Act FCB - fecal coliform bacteria gpm - gallons per minute MGD - million gallons per day MQL - minimum quantification level NAICS - North American Industry Classification System NH3-N - ammonia nitrogen NO3 + NO2-N - nitrate + nitrite nitrogen NPDES - National Pollutant Discharge Elimination System O&G - oil and grease Rule 2 - APC&EC Rule 2 Rule 6 - APC&EC Rule 6 Rule 8 - APC&EC Rule 8 Rule 9 - APC&EC Rule 9 RP - reasonable potential SIC - standard industrial classification TDS - total dissolved solids TMDL - total maximum daily load TP - total phosphorus TRC - total residual chlorine TSS - total suspended solids UAA - use attainability analysis USF&WS - United States Fish and Wildlife Service
Page 3 of Statement of Basis Permit Number: AR0053236
AFIN: 52-00035
USGS - United States Geological Survey WET - whole effluent toxicity WQMP - water quality management plan WQS - Water Quality standards WWTP - wastewater treatment plant
Compliance and Enforcement History:
The compliance and enforcement history for this facility can be reviewed by using the following web link:
This is a new permit.
5. SIGNIFICANT CHANGES FROM THE PREVIOUSLY ISSUED PERMIT
The permittee is responsible for carefully reading the permit in detail and becoming familiar with all of the changes therein:
This is a new permit.
6. RECEIVING STREAM SEGMENT AND DISCHARGE LOCATION
The outfall is located at the following coordinates based on Google Earth using WGS84:
Latitude: 33 43' 2.43" N;
Longitude: 92 37' 14.98" W
The receiving waters named:
an unnamed tributary, thence to Two Bayou, thence to the Ouachita River in Segment 2D of the Ouachita River Basin. The receiving stream with USGS Assessment Unit AR_08040201_905 (the closest downstream 3-digit reach code, which is assigned to Two Bayou) is a Water of the State classified for secondary contact recreation, raw water source for domestic (public and private), industrial, and agricultural water supplies; propagation of desirable species of fish and other aquatic life; and other compatible uses.
7. 303(d) LIST, TOTAL MAXIMUM DAILY LOADS, ENDANGERED SPECIES, AND ANTI-DEGRADATION CONSIDERATIONS
A. 303(d) List
Approximately 1.5 miles from the outfall, the receiving stream flows into Two Bayou, which is on the 2018 303(d) list as impaired for Pathogens and pH, and approximately 20 miles farther downstream into the Ouachita River, which is listed as impaired for Lead.
Concerning Pathogens, the facility does not treat sanitary wastewater, so it does not cause or contribute to the Pathogen impairment. No permit action for Pathogens is required at this time.
Page 4 of Statement of Basis Permit Number: AR0053236
AFIN: 52-00035
Concerning pH, the permit includes pH limitations equal to the water quality standard for pH. No additional permit action for pH is required.
A TMDL has not been developed for the Lead impairment. The permit application indicates that the facility is not a source of Lead. When a TMDL is issued, and if a waste load allocation is assigned to the facility, conditions consistent with the assumptions and requirements of the TMDL will be implemented in the subsequent permit renewal. No additional permit action is required at this time.
B. Applicable Total Maximum Daily Load (TMDL) Reports
There are no applicable TMDLs for the receiving stream.
C. Endangered Species
No comments on the application were received from the USF&WS. The draft permit and Statement of Basis were sent to the USF&WS for their review.
D. Anti-Degradation
The limitations and requirements set forth in this permit for discharge into waters of the State are consistent with the Anti-degradation Policy and all other applicable water quality standards found in APC&EC Rule 2.
8. OUTFALL, TREATMENT PROCESS DESCRIPTION, AND FACILITY CONSTRUCTION
The following is a description of the facility described in the application:
A. Design Flow: variable
B. Type of Treatment: sedimentation pond
C. Discharge Description: wet deck water, equipment washwater, kiln condensate, wet scrubber discharge, boiler blowdown, and stormwater
D. Facility Status: This facility was evaluated using the NPDES Permit Rating Worksheet (MRAT) to determine the correct permitting status. Since the facility's MRAT score of 15 is less than 80, this facility is classified as a minor industrial.
E. Facility Construction: This permit does not authorize or approve the construction or modification of any part of the treatment system or facilities. Approval for such construction must be by permit issued under Rule 6.202.
9. ACTIVITY
Under the Standard Industrial Classification (SIC) code of 2421 or North American Industry Classification System (NAICS) code of 321113, the applicant's activities are the operation of a sawmill.
Page 5 of Statement of Basis Permit Number: AR0053236
AFIN: 52-00035
10. SOLIDS PRACTICES
Solids accumulate in the pond. Solids will be removed as necessary and used as fill material on-site, or disposed of in a permitted landfill.
11. DEVELOPMENT AND BASIS FOR PERMIT CONDITIONS
The Division of Environmental Quality has determined to issue a permit for the discharge described in the application. Permit requirements are based on federal regulations (40 C.F.R. 122, 124, and Subchapter N), and regulations promulgated pursuant to the Arkansas Water and Air Pollution Control Act (Ark. Code Ann. 8-4-101 et seq.). All of the information contained in the application, including all of the submitted effluent testing data, was reviewed to determine the need for effluent limits and other permit requirements.
The following is an explanation of the derivation of the conditions of the permit and the reasons for them or, in the case of notices of intent to deny or terminate, reasons suggesting the decisions as required under 40 C.F.R. 124.7.
Technology-Based Versus Water Quality-Based Effluent Limitations and Conditions
Following regulations promulgated at 40 C.F.R. 122.44, the permit limits are based on either technology-based effluent limits pursuant to 40 C.F.R. 122.44(a) or on State water quality standards and requirements pursuant to 40 C.F.R. 122.44(d), whichever are more stringent as follows:
Parameter
Water QualityBased
Monthly Daily Avg. Max. mg/l mg/l
TechnologyBased
Monthly Daily Avg. Max. mg/l mg/l
COD
N/A N/A
50
75
TSS
N/A N/A 35.0 52.5
DO Debris
2.0 (Inst. Min.)
N/A
01
N/A N/A N/A
O&G
10
15
N/A N/A
pH
6.0-9.0 s.u.
N/A
1 Report "0" for no debris present, and "1" for debris present.
Final Permit
Monthly Avg. mg/l
Daily Max. mg/l
50
75
35.0 52.5
2.0 (Inst. Min.)
N/A
01
10
15
6.0-9.0 s.u.
Page 6 of Statement of Basis Permit Number: AR0053236
AFIN: 52-00035
A. Justification for Limitations and Conditions of the Final Permit
Parameter Water Quality Justification or Technology
COD1
Technology
Generally accepted scientific knowledge and engineering practice
TSS2
DO3 Debris4 O&G5
Technology
Water Quality Water Quality Water Quality
Generally accepted scientific knowledge and engineering practice Rule 2.505 Rule 2.408 Rule 2.510
pH
Water Quality Rule 2.504
1 COD limits have been included in the permit because COD is the most
representative measure of oxygen demand for discharges from facilities of this type
and for stormwater. This test can readily indicate the presence of spilled oils and
fuels from vehicles and equipment, and also of organic matter, which is found in the
effluent of facilities where water and stormwater has come in contact with wood
and wood products. Due to the lack of technology-based limits, or water quality
standards, the limits have been determined based on best engineering judgment
using the typical values associated with this type of facility to ensure protection of
water quality standards for Dissolved Oxygen (DO).
2 TSS limits have been included in the permit since the water used to wet the raw materials (wood chips and bark) and stormwater that the raw materials are exposed to has the potential to carry suspended solids. Due to the lack of technology-based limits, or water quality standards, the limits have been determined based on best engineering judgment using the typical values associated with this type of facility to ensure the narrative criteria for solids, floating material and deposits are not exceeded.
3 The minimum required DO level has been included in the permit in order to ensure compliance with the requirements of Rule 2.505.
4 Debris limits have been included in the permit because the wood chips and bark that are exposed to water and stormwater may float and end up in the discharge from the facility. The ELGs in 40 CFR 429.103 do not allow debris larger than 1 inch. The Debris limit is based on the more stringent requirement of no visible debris in Rule 2.408.
5 O&G limits have been included in the permit since oil and grease in some form are present at industrial facilities (e.g. spills or leaks from equipment or vehicles). The limits are based on the values in Rule 2.510.
B. Anti-backsliding This is a new permit.
Page 7 of Statement of Basis Permit Number: AR0053236
AFIN: 52-00035
C. Limits Calculations
1. Mass Limits:
In accordance with 40 CFR 122.45(f)(1), all pollutants limited in permits shall have limitations expressed in terms of mass if feasible. 40 CFR 122.45(f)(2) allows for pollutants which are limited in terms of mass to also be limited in terms of other units of measurement.
No mass limits have been included in the permit due to the variable nature of the discharge flow.
2. Daily Maximum Limits:
The daily maximum limits for COD and TSS are based on Section 5.4.2 of the Technical Support Document for Water Quality-based Toxics Control:
daily maximum limits = monthly average limits 1.5
The daily maximum limit for O&G is based on Rule 2.510.
The Daily Max limit for Debris is based on Rule 2.408.
D. 208 Plan (Water Quality Management Plan)
This facility is not part of the 208 Plan, nor is required to be since all water quality-based limits in the permit are directly from Rule 2.
E. Applicable Effluent Limitations Guidelines
Discharges from facilities of this type are covered by Federal effluent limitations guidelines promulgated under 40 C.F.R. 429 Timber Products Processing Point Source Category. The applicable Subparts are: Subpart A: Debarking, Subpart I - Wet Storage, and Subpart K: Sawmills and Planing Mills.
40 C.F.R. 429.21(a) (BPT), concerning mechanical debarking operations, states that there shall be no discharge of process wastewater pollutants into navigable waters. Part II.4 of the permit specifies the type of wastewaters that may be discharged, and process wastewaters from debarking are not included in the allowable discharges.
40 C.F.R. 429.103 (BAT) states that there shall be no debris discharged and that the pH shall be within the range of 6.0 s.u. to 9.0 s.u. 40 C.F.R. 429.11 defines debris as being larger than 1 inch in diameter. Rule 2.408 does not allow for any debris to be discharged regardless of size. Since the water quality standard is more stringent, the limit in 40 C.F.R. 429.103 will not be placed in the permit. The pH range is identical to the water quality standard range.
40 C.F.R. 429.123 (BAT), concerning sawing and planning operations, states that there shall be no discharge of process wastewater pollutants into navigable waters. Part II.4 of the permit specifies the type of wastewaters that may be discharged, and process wastewaters from sawing and milling are not included in the allowable discharges.
Page 8 of Statement of Basis Permit Number: AR0053236
AFIN: 52-00035
12. STORMWATER REQUIREMENTS
The federal regulations at 40 CFR 122.26(b)(14) require certain industrial sectors to have NPDES permit coverage for stormwater discharges from the facility. These requirements include the development and implementation of a Stormwater Pollution Prevention Plan (SWPPP) to control the quality of stormwater discharges from the facility. This facility was issued stormwater permit coverage under NPDES Tracking number ARR00B472.
13. SAMPLE TYPE AND FREQUENCY
Regulations require permits to establish monitoring requirements to yield data representative of the monitored activity [40 C.F.R. 122.48(b)] and to ensure compliance with permit limitations [40 C.F.R. 122.44(i)(l)].
The monitoring frequencies are based on generally accepted scientific knowledge and engineering practices, taking into account the type of facility.
Final Permit
Parameter
Frequency of Sample
Sample Type
Flow
twice/week1 instantaneous
COD
once/month2
grab
TSS
once/month2
grab
DO
once/month2
grab
Debris
once/month2
visual
O&G
once/month2
grab
pH
once/month2
grab
1 When discharging. 2 When discharging. Sampling must be performed on the first discharge
of the calendar month that occurs during operational hours.
14. PERMIT COMPLIANCE SCHEDULE
A Schedule of Compliance has not been included in this permit.
15. MONITORING AND REPORTING
The applicant is at all times required to monitor the discharge on a regular basis and report the results monthly. The monitoring results will be available to the public.
16. SOURCES The following sources were used to draft the permit: A. Application No. AR0053236 received September 23, 2020, and all additional information received by March 18, 2021.
Page 9 of Statement of Basis Permit Number: AR0053236
AFIN: 52-00035
B. APC&EC Rule 2. C. APC&EC Rule 3. D. APC&EC Rule 6, which incorporates by reference certain federal regulations included in
Title 40 of the Code of Federal Regulations at Rule 6.104. E. 40 C.F.R. 122 and 125. F. 40 CFR Part(s) 429. G. Discharge permit file AR0053236. H. Discharge Monitoring Reports (DMRs). I. "2018 Integrated Water Quality Monitoring and Assessment Report," DEQ. J. "2018 List of Impaired Waterbodies (303(d) List)," DEQ, May 2020. K. Continuing Planning Process (CPP). L. Technical Support Document for Water Quality-based Toxic Control. M. ADPC&E Memo Regarding Permitting Policy for Sawmills dated December 7, 1992. N. Planning Review Memo dated March 4, 2020. O. NPDES Permit Rating. P. EPA letter, dated June 14, 2021. Q. Email Comment letter from Anthony Timberlands, Inc., dated July 19, 2021.
17. PUBLIC NOTICE
The public notice of the draft permit was published for public comment on July 14, 2021. The last day of the comment period was thirty (30) days after the publication date.
A summary of the comments received by the DEQ during the public comment period and response to the comments are included with this permit decision. The response to comments also includes a discussion of any substantial changes from the draft permit.
Copies of the draft permit and public notice were sent via email to the Corps of Engineers, the Regional Director of the U.S. Fish and Wildlife Service, the Department of Parks, Heritage, and Tourism, the EPA, and the Arkansas Department of Health.
18. PERMIT FEE
In accordance with Rule 9.403(G), the initial and annual fee for the permit is $300.
19. POINT OF CONTACT
For additional information, contact:
Guy Lester, P.E. Permits Branch, Office of Water Quality Division of Environmental Quality 5301 Northshore Drive
RESPONSE TO COMMENTS FINAL PERMITTING DECISION
Permit No.:
AR0053236
Applicant:
Anthony Timberlands, Inc.
Prepared by:
Guy Lester, P.E.
The following are responses to comments received regarding the draft permit number above and are developed in accordance with regulations promulgated at 40 C.F.R. 124.17, APC&EC Rule No. 8 Administrative Procedures, and A.C.A. 8-4-203(e)(2).
Introduction
The above permit was submitted for public comment on July 14, 2021. The public comment period ended on August 13, 2021.
This document contains a summary of the comments that the DEQ received during the public comment period. A summary of the changes to the NPDES Permit can be found on the last page of this document.
The following people or organizations sent comments to the DEQ during the public notice. A total of one (1) comment was raised by one (1) commenter.
Commenter Wilson Anthony, Director - Regulatory Compliance
Anthony Timberlands, Inc.
Number of Comments Raised 1
Comment 1
The facility requests that monitoring frequency for flow be adjusted to be more in line with other lumber manufacturing facilities in the area. Area facilities have monitoring frequencies of two times/week in contrast to this draft permit #AR0053236, which is once/day. If the DEQ decides not to adjust the monitoring frequency to two times/week, the facility requests that the frequency be adjusted to once/business day. The facility does not have adequate personnel on site to monitor and take/deliver samples on weekends and holidays.
Response: The Division agrees with the request. After further review, it was determined that once per day measuring of the flow when discharging is inconsistent with a once per month frequency of sampling for pollutants when discharging. Also, as noted in the comment, permits for other similar facilities in the area with similar discharges included twice/week flow monitoring.
The frequency for flow monitoring has been revised to twice/week. The footnote to the flow monitoring frequency (Footnote 1) has also been revised to remove references to once/day flow monitoring.
DEQ Comment: Footnote 2 to Table IA has been revised to require sampling of discharge for the referenced parameters to be performed at the first discharge of the month. This is to ensure that a representative sample of the discharge is obtained.
Page 2 of Response to Comments Permit Number: AR0053236 AFIN: 52-00035
Part Draft Permit
Final Permit
Reason
Flow monitoring frequency: once/day1
Once/day flow monitoring was
1 When discharging. Monitoring does not
excessive considering
need to be performed more than once Flow monitoring frequency: twice/week1 other parameters are
IA per day if there are multiple discharge
only monitored
events in a single calendar day. 1 When discharging.
once/month, and for
Monitoring shall be performed once per
consistency with
calendar day if the duration of the
permit requirements
discharge is greater than 24 hours.
for similar facilities
and discharges.
2 2 When discharging. Monitoring must be When discharging. Sampling must be To ensure a
IA performed if there is a discharge within performed on the first discharge of the representative sample
the calendar month.
calendar month that occurs during of the discharge.
operational hours.
Comment #
1
DEQ Comment
Anthony Timberlands/ Bearden Permit # ARR00B472
Inspection Date 03/09/2023
Appendix 4 Anthony Timberlands-Bearden ATI Provided Aerial Notation
of Bulk Petroleum Storage Tanks
ATI-Bearden - 2022
Petroleum Storage Tank Map
Legend
Outfall 001
Approximate Site Size - 100 acres1000 ft
N
Anthony Timberlands/ Bearden Permit # ARR00B472
Inspection Date 03/09/2023
Appendix 5 Anthony Timberlands-Bearden
March 14, 2023, Request for Information (RFI)
Response
From: To: Subject: Date: Attachments:
Wilson Anthony Esparza, David RE: Anthony Timberlands-Bearden (ARR00B472) Wednesday, March 15, 2023 12:55:53 PM ATI - Petroleum Storage and Site Acreage.pdf NPDES Permit - AR0053236.pdf
Mr. Esparza,
I have attached a couple of documents related to your requests below. I have included some explanation below in red on some requested items. Please feel free to give me a call at the number below if you would like to discuss anything. I will try and have you the Malvern information tomorrow.
Wilson Anthony Director - Regulatory Compliance Anthony Timberlands, Inc (870) 313-4114
From: Esparza, David <esparza.david@epa.gov> Sent: Tuesday, March 14, 2023 11:57 AM To: Wilson Anthony <WAnthony@anthonytimberlands.com>; jjones_ati@yahoo.com Cc: Jones, Curry <jones.curry@epa.gov>; Bernier, Roberto <bernier.roberto@epa.gov>; Sherwood, Chelsey <Sherwood.Chelsey@epa.gov>; Johnson, Carol <johnson.carol@epa.gov>; Esparza, David <esparza.david@epa.gov> Subject: Anthony Timberlands-Bearden (ARR00B472)
CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders.
Mr. Anthony: As I discussed, this is my follow-up to our on-site discussion on March 9, 2023. To reiterate my understanding, I was informed you would provide copies of the information as requested. Additional information might be requested after my review of the received information. The specific request for information (RFI) will be delineated below. Therefore, please forward by email the requested information as soon as possible, but no later than close of business March 21, 2023.
A complete electronic copy of your current Stormwater Pollution Prevention Plan (SWPPP), inclusive of all on-site inspection reports for the previous two (2) years. - ATI's coverage under permit ARR00B472 ended after obtaining coverage under permit AR0053236. Coverage under this new permit eliminated the need for a SWPPP at this facility as well as the related quarterly inspections. An electronic copy of your Processed Water permit. - NPDES permit AR0053236 attached above. A current copy of the facility Site Map delineating the total foot-print area, locations/volumes of the on-site fuel storage tanks, and outfalls. - I believe you already have copies of some other site maps which provided water flow direction,
ditches, and facility information. I attempted to add this information to those maps, but it ended up getting cluttered and looking bad. I thought it would be easier to create a separate document for this information that will be included with the other maps. Please let me know if you would rather have them combined into one, and I can try and have someone more adept at Google Earth/PDFs combine them. An electronic copy of your Spill Prevention, Control, and Countermeasure (SPCC) pertaining to your on-site fuel storage. - We are in the process of completing some secondary containments set up. We hope to have these done within the next 60 days so we can submit the SPCC as soon as possible. Electronic copies of your Stormwater Annual Report (SWAR) for the previous two (2) years (2021 and 2022), inclusive appurtenant analytical analysis - Permit AR0053236 (attached) eliminated the need for SWARs Electronic copies of your calibration and maintenance records for your continuous monitoring instrumentation, inclusive of serial numbers (S/N) - There is no continuous monitoring instrumentation on-site.
Please let me know if you have any questions.
David A. Esparza, P.E. Environmental Engineer U.S. Environmental Protection Agency Water Enforcement Branch-Municipal/Industrial Section Mail Code: 6-ECDWM 1201 Elm Street, Suite 500 Dallas, Texas 75270 (505) 366-8402 eMail: esparza.david@epa.gov