Document wDoEoeQ0bGrEZp6dxQ4MrGNjJ

U.S. ENVIRONMENTAL PROTECTION AGENCY REGION III WATER BRANCH, ENFORCEMENT AND COMPLIANCE ASSURANCE DIVISION CLEAN WATER ACT COMPLIANCE INSPECTION REPORT for Name of Facility: Mountain Top Public Service District (PSD) Facility Address: 4150 Bismarck Road, Mount Storm, WV 26739 Mailing Address: Box 236, Mountain Storm, WV 26739 Report Prepared on: 1/18/2023 Date Stephen Digitally signed by Stephen Clark By: Clark Date: 2023.02.03 11:54:43 -07'00' , Environmental Scientist (PG Environmental) Signature Report Final as of: 2/3/2023 Date MARK By: ZOLANDZ Signature Digitally signed by MARK ZOLANDZ Date: 2023.02.03 14:15:16 -05'00' , EPA General Information Type of Inspection: Owner: Operator: Permittee: NPDES Permit No: NPDES Permit Effective Date: NPDES Permit Expiration Date: Receiving Waters: Permittee Address: Bayard WWTP Lat/Long: Gormania WWTP Lat/Long: Elk Garden WWTP Lat/Long: Wastewater Treatment Facility CEI Mountain Top PSD Mountain Top PSD Mountain Top PSD WV0101524 July 1, 2022 May 05, 2027 North Branch of the Potomac River; Unnamed Tributary of Deep Run of the North Branch of the Potomac River 4150 Bismarck Avenue, Mount Storm, WV 39 16' 28" N, 79 21' 46" (Outlet 001; Bayard WWTP) 39 17' 35" N, 79 20' 30" (Outlet 002; Gormania WWTP) 39 23' 45" N, 79 09' 21" (Outlet 003; Elk Garden WWTP) On-Site Facility Inspection Overview On December 7, 2022, a representative from the U.S. Environmental Protection Agency Region III's (EPA's) contract inspector, PG Environmental (the EPA Inspector), conducted a compliance evaluation inspection of the three Mountain Top PSD wastewater treatment plants (WWTPs; Bayard, Gormania, and Elk Garden). Mountain Top PSD is identified as the Permittee and owns and operates the three WWTPs. Three representatives from the West Virginia Department of Environmental Protection (WVDEP) attended the inspection. Approximate Entry Time: 8:30 AM (EST) Approximate Exit Time: 3:10 PM (EST) Unique Project Identifier (UPI): 3E23WN012A Unique Project Identifier: 3E23WN012A Page 1 of 13 Inspection Date: December 7, 2022 Mountain Top PSD (WV0101524) Compliance Evaluation Inspection Report TABLE OF CONTENTS I. INTRODUCTION............................................................................................................................ 3 II. INSPECTION PROCESS ................................................................................................................ 3 Inspection Opening Conference .......................................................................................................3 Facility Site Walks ...........................................................................................................................4 Town of Gormania ..............................................................................................................4 Town of Bayard...................................................................................................................5 Town of Elk Garden............................................................................................................6 Summary of Observations................................................................................................................7 Permit Status and Effluent Exceedances.............................................................................7 Monitoring ........................................................................................................................10 Proper Operation and Maintenance...................................................................................11 Records Review .............................................................................................................................12 Closing Conference........................................................................................................................13 APPENDIX LIST Appendix A: Photograph Log Appendix B: Exhibit Log o Exhibit 1 - EPA ICIS Exceedance Data for Outlet 001 (October 1, 2017 through October 31, 2022) o Exhibit 2 - EPA ICIS Exceedance Data for Outlet 002 (October 1, 2017 through October 31, 2022) o Exhibit 3 - EPA ICIS Exceedance Data for Outlet 003 (October 1, 2017 through October 31, 2022) o Exhibit 4 - Instruction Manual for Global Water WS700 Sampler Appendix C: NPDES Permit No. WV0101524 Unique Project Identifier: 3E23WN012A Page 2 of 13 Inspection Date: December 7, 2022 Mountain Top PSD (WV0101524) Compliance Evaluation Inspection Report I. INTRODUCTION On December 7, 2022, a representative from U.S. Environmental Protection Agency Region III's (EPA's) contract inspector, PG Environmental (the EPA Inspector), conducted a compliance evaluation inspection of the Mountain Top Public Service District (PSD) in Mount Storm, West Virginia. Mountain Top PSD is identified as the Permittee and owns and operates three wastewater treatment plants (WWTPs; Town of Bayard WWTP; Town of Gormania WWTP; Town of Elk Garden WWTP). Three representatives from the West Virginia Department of Environmental Protection (WVDEP) attended the inspection. The primary purpose of the inspection was to review the wastewater treatment processes at the three WWTPs, to evaluate WWTP operations at each facility, to review the accuracy and reliability of the Permittee's self-monitoring and reporting program, and to obtain information that will assist EPA in assessing the Permittee's compliance with the requirements of National Pollutant Discharge Elimination System (NPDES) Permit No. WV0101524 (hereinafter, Permit), which became effective on July 1, 2022 and expires on May 5, 2027. The Permit authorizes the discharge of treated wastewater from three WWTPs via three outlets: Town of Bayard (Outlet 001) Town of Gormania (Outlet 002) Town of Elk Garden (Outlet 003) The Town of Bayard WWTP and Town of Elk Garden WWTP each have a hydraulic design flow of 50,000 gallons per day (gpd). The Town of Gormania WWTP has a hydraulic design flow of 10,000 gpd. The weather at the time of the inspection was cool (approximately 45-50F) with intermittent precipitation. II. INSPECTION PROCESS Inspection Opening Conference The EPA Inspector arrived at the Mountain Top PSD's water treatment plant/administrative office located at 4150 Bismarck Avenue, Mount Storm, WV at 8:30 AM (EST) for the inspection. Stephen Clark of PG Environmental displayed his Clean Water Act inspector credential to the General Manager at the outset of the inspection and explained the purpose of the inspection was to observe compliance with the Permit. A copy of the Permit is provided in Appendix C. Table 1 describes the individuals that participated in the inspection. Name Stephen Clark Katelyn Crispino Table 1. Inspection Attendee List Affiliation Telephone EPA Inspector PG Environmental 720-789-8046 PADEP WVDEP 304-822-7266 Email stephen.clark@pgenv.com katelyn.e.crispino@wv.gov Chad Swick WVDEP 304-822-7266 chad.c.swick@wv.gov Levi Thurman Rusty Kitzmiller, General Manager WVDEP 304-822-7266 Facility Representative Mountain Top PSD 304-693-7667 levi.c.thurman@wv.gov Not provided Unique Project Identifier: 3E23WN012A Page 3 of 13 Inspection Date: December 7, 2022 Mountain Top PSD (WV0101524) Compliance Evaluation Inspection Report Facility Site Walks As part of the inspection process, the EPA Inspector visually observed the treatment train and site conditions of the Gormania WWTP, Bayard WWTP, and Elk Garden WWTP in the presence of the General Manager. Each WWTP is described in the following sections. Town of Gormania The wastewater process train consists of the following: Bar screen Aeration basin Clarifier Tablet-type chlorine disinfection unit and chlorine contact chamber Tablet-type dechlorination unit Sludge holding tank The WWTP is an extended aeration "package plant" (refer to Appendix A, Photographs 1 and 2). Influent wastewater is pumped to the WWTP via on offsite pump station. Influent wastewater flows through a bar screen prior to the aeration basin (refer to Appendix A, Photograph 3). Debris removed from the bar screen are placed into a bucket which drains to the influent channel; dried debris is disposed of at a landfill. The WWTP has two blowers for the aeration basin and sludge holding tank (refer to Appendix A, Photograph 4 and 5). Each blower is rotated into the lead operating position every other month per a schedule posted inside the blower control cabinet. At the time of the inspection, the blowers were programmed to operate every 15 minutes (i.e., 15 minutes on, 15 minutes off). The General Manager stated that the following preventative maintenance activities are performed for the blowers: clean/replace filters twice per year; grease bearings twice per year; change oil once per year. Additionally, the aeration basin diffusers are inspected, cleaned, and replaced, if needed, twice per year. After the aeration basin, wastewater enters the clarifier (refer to Appendix A, Photographs 6 through 8). Clarified wastewater then flows through the chlorination unit and to the chlorine contact chamber (refer to Appendix A, Photographs 9 and 10). After the chlorine contact chamber, disinfected wastewater flows to the dechlorination chamber (refer to Appendix A, Photograph 11). Calcium hypochlorite tablets are used for disinfection and sodium sulfite tablets are used for dechlorination. The effluent flow meter display showed a flow rate of 7.7/7.8 gpm at 9:19 a.m. (refer to Appendix A, Photograph 12). Treated effluent is discharged to the North Branch of the Potomac River via Outlet 002 (refer to Appendix A, Photographs 13 through 15). At the time of the inspection, the effluent appeared clear and free of solids and debris. Unique Project Identifier: 3E23WN012A Page 4 of 13 Inspection Date: December 7, 2022 Mountain Top PSD (WV0101524) Compliance Evaluation Inspection Report Town of Bayard The wastewater process train consists of: Bar screen Equalization tank Splitter box Aeration basins (2; there are two extended aeration processes operated in parallel) Clarifiers (2; one follows each aeration basin) Tablet-type chlorine disinfection unit and chlorine contact chamber Tablet-type dechlorination unit Sludge holding tank All influent wastewater flows to the Facility's onsite influent pump station via two influent lines (refer to Appendix A, Photographs 16 and 17). The pump station has two pumps that convey wastewater to the flow equalization basin. The influent pump station wet well is equipped with four floats: two floats to activate each pump (one for each pump) and two floats that activated wet well level alarms (one high level alarm and one low level alarm). The high and low level alarms activate a visual red light alarm at the pump station control panel; the WWTP lacks telemetry for remote monitoring. The General Manager stated that the influent pumps alternate each pumping cycle and that the pumps are removed twice per year for inspection and cleaning. He stated that the wet well floats are cleaned twice per year, as operating conditions did not require the floats to be cleaned more frequently. Some fats, oils, and grease were present on the wastewater surface inside the wet well (refer to Appendix A, Photograph 17). Two influent channels precede the flow equalization basin (refer to Appendix A, Photograph 18 and 19). One channel had been equipped with a comminutor/grinder that had been removed. The other channel was equipped with a manual bar screen. At the time of the inspection, all influent flow was directed through the manual bar screen channel. Debris removed from the bar screen is placed into a bucket which drains to the influent channel. The dried debris is disposed of at a landfill. The equalization basin has two pumps that convey wastewater to a splitter box (refer to Appendix A, Photographs 20). The splitter box diverts wastewater to two parallel extended aeration treatment processes consisting of an aeration basin and clarifier (refer to Appendix A, Photographs 21 through 28). The General Manager stated the equalization basin is pumped clean annually by a septage hauler. The WWTP has two blowers for the aeration basins and sludge holding tank (refer to Appendix A, Photograph 23). At the time of the inspection, the blowers were programmed to cycle on every 15 minutes (15 minutes on, 15 minutes off). The General Manager stated that the following preventative maintenance is performed for the blowers: clean filters twice per year; grease bearings twice per year; change oil once per year. Additionally, the aeration basin diffusers are inspected, cleaned, and replaced, if needed, twice per year. The EPA Inspector did not observe auditory evidence of leakage in the air delivery lines at the time of the inspection (e.g., hissing noises). Each clarifier flows to a common chlorine contact chamber equipped with a table-type chlorination unit (refer to Appendix A, Photographs 29 and 30). A screening mechanism was present at the chlorination unit to capture debris as water flows out of the unit. The General Manager stated operators pump settled solids from the chlorine contact chamber to the equalization basin approximately four times per year; a trash pump is connected to piping installed in the chlorine contact chamber to transfer the solids (refer to Appendix A, Photographs 30 and 31). The water level sensor for the flow meter was located near the end of the chlorine contact chamber (refer to Appendix A, Photograph 32). At 10:54 a.m., the flow meter display documented a flow of 1.03 gallons per Unique Project Identifier: 3E23WN012A Page 5 of 13 Inspection Date: December 7, 2022 Mountain Top PSD (WV0101524) Compliance Evaluation Inspection Report minute (gpm) based on a water level of 1.358 inches (refer to Appendix A, Photograph 33). A sticker on the flow meter display stated the flow meter was last calibrated in December 2021. After the chlorine contact chamber, chlorinated wastewater flows through the dechlorination unit (refer to Appendix A, Photographs 34 and 35). The Permittee had installed a board underneath the dechlorination unit to act as a cascading unit to increase the dissolved oxygen concentration of the treated effluent. A second pipe was present inside the dechlorination chamber next to the dechlorination unit (refer to Appendix A, Photograph 34). The General Manager stated this pipe did not serve a purpose as it was a relic of the original WWTP design but was never placed into service. He stated the pipe was not an overflow from a treatment unit upstream of the dechlorination unit. After the dechlorination vault, treated effluent flows to the North Branch of the Potomac River via Outlet 001 (refer to Appendix A, Photographs 36 through 39). At the time of the inspection, the effluent appeared clear and free of solids and debris. An emergency backup generator was located onsite (refer to Appendix A, Photograph 40). The General Manager stated the generator automatically exercises weekly. Town of Elk Garden The wastewater process train consists of: Bar screen Flow equalization basin Aeration basins (2; there are two extended aeration processes operated in parallel) Clarifiers (2; one follows each aeration basin) Sand filters (3) Tablet-type chlorine disinfection unit and chlorine contact chamber Tablet-type dechlorination unit Sludge holding tank Influent wastewater enters a flow equalization basin equipped with a bar screen and two pumps (refer to Appendix A, Photographs 41 through 44). The equalization basin has two chambers; the second chamber is connected to the first chamber via pipes below the wastewater surface. The General Manager stated the second chamber is aerated to prevent septic conditions from occurring inside the chamber. Two pumps inside the first chamber of the equalization pump wastewater to a splitter box (refer to Appendix A, Photographs 45). The splitter box diverts wastewater to two parallel secondary treatment trains, each consisting of an extended aeration basin and clarifier (refer to Appendix A, Photographs 46 through 51). Solids are wasted to two sludge holding tanks (refer to Appendix A, Photographs 46 and 52). The sludge holding tanks are pumped out as needed by a contract septage hauler and hauled to a WWTP operated by the Upper Potomac River Commission in Westernport, Maryland. At the time of the inspection, the Permittee's solids hauling contractor was pumping out the northern sludge holding tank because the Permittee had identified an air delivery line that needed to be repaired. Clarified wastewater flows to a chamber from which it is pumped to one of three sand filters (refer to Appendix A, Photographs 53 through 58). One sand filter is operated at a time until it needs to be taken offline. A sand filter is taken offline line after solids accumulation on top of the filter has precluded a sufficient filtration rate. The solids are allowed to dry on top of the filter and then manually removed before the filter is ready to be placed back into service. Unique Project Identifier: 3E23WN012A Page 6 of 13 Inspection Date: December 7, 2022 Mountain Top PSD (WV0101524) Compliance Evaluation Inspection Report The General Manager stated that each sand filter has an overflow that drains to the chlorine building (refer to Appendix A, Photographs 57 and 58). The wastewater level inside the sand filter that was in service at the time of the inspection was below the overflow pipe. After the sand filters, wastewater is then disinfected and dechlorinated (refer to Appendix A, Photographs 59 through 61). The effluent flow meter display showed an effluent flow rate of 13.37 gpm at 2:41 p.m. (refer to Appendix A, Photograph 62). The sticker on the cabinet stated the flow meter was last calibrated in December 2021. Treated effluent is discharged to an unnamed tributary of Deep Run, which is tributary to the North Branch of the Potomac River via Outlet 003 (refer to Appendix A, Photographs 63 through 65). Summary of Observations The following section summarizes the EPA Inspector's observations relative to the Permit requirements, including the status of certain treatment units, operation and maintenance practices, and the Permittee's monitoring and reporting documentation. Permit Status and Effluent Exceedances Part A.001 of the Permit defines effluent limitations and monitoring requirements for Outlet 001 discharges (Town of Bayard WWTP). According to EPA's ICIS database, between October 1, 2017 and October 31, 2022, the Town of Bayard WWTP experienced 12 effluent limit exceedances from Outlet 001. Two of the 12 exceedances occurred under the current Permit period, which became effective on July 1, 2022. Refer to Appendix B, Exhibit 1 and Table 2. Table 2. Effluent Limit Exceedances for Outlet 001 (October 1, 2017-October 31, 2022) Monitoring Period End Date 09/30/2019 07/31/2021 Parameter Name Suspended solids, Percent Removal Coliform, Fecal Limit Type Monthly Average Minimum Monthly Geometric Mean DMR Value 73 8664 Permit Limit Units Limit Start Date Limit End Date 85 Percent 10/1/2017 8/14/2022 200 #/100mL 10/1/2017 8/14/2022 07/31/2021 Coliform, Fecal Daily Maximum 8664 400 #/100mL 10/1/2017 8/14/2022 09/30/2021 BOD, 5-day, 20 Monthly Average 76.86 12.5 Lbs./d 10/1/2017 8/14/2022 Deg. C 09/30/2021 BOD, 5-day, 20 Daily Maximum 76.86 25 Lbs./d 10/1/2017 8/14/2022 Deg. C 12/31/2021 Chlorine, Total Daily Maximum 10 Residual 0 mg/L 10/1/2017 8/14/2022 Unique Project Identifier: 3E23WN012A Page 7 of 13 Inspection Date: December 7, 2022 Mountain Top PSD (WV0101524) Compliance Evaluation Inspection Report Table 2. Effluent Limit Exceedances for Outlet 001 (October 1, 2017-October 31, 2022) Monitoring Period End Date Parameter Name Limit Type DMR Value Permit Limit Units Limit Start Date Limit End Date 12/31/2021 Chlorine, Total Monthly Average 10 Residual Total 01/31/2022 Suspended Monthly Average 17.9 Solids 01/31/2022 Chlorine, Total Daily Maximum 10 Residual 0 mg/L 10/1/2017 8/14/2022 12.5 Lbs./d 10/1/2017 8/14/2022 0 mg/L 10/1/2017 8/14/2022 01/31/2022 Chlorine, Total Monthly Average 10 Residual 0 mg/L 10/1/2017 8/14/2022 Total 08/31/2022 Suspended Monthly Average 27.52 12.5 Lbs./d 7/1/2022 5/5/2027 Solids Total 08/31/2022 Suspended Daily Maximum 27.52 25 Lbs./d 7/1/2022 5/5/2027 Solids Part A.002 of the Permit defines effluent limitations and monitoring requirements for Outlet 002 discharges (Town of Gormania WWTP). According to EPA's ICIS database, between October 1, 2017 and October 31, 2022, the Town of Gormania WWTP experienced 10 effluent limit exceedances from Outlet 002. Two of the 10 exceedances occurred under the current Permit period, which became effective on July 1, 2022. Refer to Appendix B, Exhibit 2 and Table 3. Table 3. Effluent Limit Exceedances for Outlet 002 (October 1, 2017-October 31, 2022) Monitoring Period End Date Parameter Name Limit Type DMR Value Permit Limit Units Limit Start Date Limit End Date 03/31/2019 Nitrogen, Kjeldahl Total Monthly Average 33.8 18 mg/L 10/1/2017 8/14/2022 03/31/2019 Coliform, Fecal Daily Maximum 5900 400 #/100mL 10/1/2017 8/14/2022 09/30/2020 Nitrogen, Monthly 23.1 Kjeldahl Total Average 03/31/2021 Coliform, Fecal Monthly 5300 Geometric Mean 18 mg/L 10/1/2017 8/14/2022 200 #/100mL 10/1/2017 8/14/2022 03/31/2021 Coliform, Fecal Daily Maximum 5300 400 #/100mL 10/1/2017 8/14/2022 Unique Project Identifier: 3E23WN012A Page 8 of 13 Inspection Date: December 7, 2022 Mountain Top PSD (WV0101524) Compliance Evaluation Inspection Report Table 3. Effluent Limit Exceedances for Outlet 002 (October 1, 2017-October 31, 2022) Monitoring Period End Date Parameter Name Limit Type DMR Value Permit Limit Units Limit Start Date Limit End Date 06/30/2021 BOD, 5-day, 20 Monthly 32.6 Deg. C Average 12/31/2021 Chlorine, Total Daily Maximum 10 Residual 12/31/2021 Chlorine, Total Monthly 10 Residual Average Total Monthly 09/30/2022 Suspended Average 36.5 Solids 09/30/2022 Nitrogen, Monthly 22 Kjeldahl Total Average 30 mg/L 10/1/2017 8/14/2022 0 mg/L 10/1/2017 8/14/2022 0 mg/L 10/1/2017 8/14/2022 30 mg/L 7/1/2022 5/5/2027 18 mg/L 7/1/2022 5/5/2027 Part A.003 of the Permit defines effluent limitations and monitoring requirements for Outlet 003 discharges (Town of Elk Garden WWTP). According to EPA's ICIS database, between October 1, 2017 and October 31, 2022, the Town of Elk Garden WWTP experienced nine effluent limit exceedances from Outlet 003. None of the exceedances occurred under the current Permit period, which became effective on July 1, 2022. Refer to Appendix B, Exhibit 3 and Table 4. Table 4. Effluent Limit Exceedances for Outlet 003 (October 1, 2017-October 31, 2022) Monitoring Period End Date 02/28/2018 09/30/2018 09/30/2021 09/30/2021 09/30/2021 09/30/2021 09/30/2021 Parameter Name Nitrogen, Kjeldahl Total BOD, 5-day, percent removal Total Suspended Solids Total Suspended Solids Total Suspended Solids Nitrogen, Kjeldahl Total Nitrogen, Kjeldahl Total Limit Type Monthly Average Monthly Average Minimum Monthly Average Daily Maximum Monthly Average Monthly Average Daily Maximum DMR Value 19.9 81 250.21 250.21 34 19.13 19.13 Permit Limit 15 85 12.5 25 30 6.3 12.5 Units mg/L Limit Start Date 10/1/2017 Limit End Date 8/14/2022 Percent 10/1/2017 8/14/2022 lbs./d 10/1/2017 8/14/2022 lbs./d 10/1/2017 8/14/2022 mg/L 10/1/2017 8/14/2022 lbs./d lbs./d 10/1/2017 8/14/2022 10/1/2017 8/14/2022 Unique Project Identifier: 3E23WN012A Page 9 of 13 Inspection Date: December 7, 2022 Mountain Top PSD (WV0101524) Compliance Evaluation Inspection Report Table 4. Effluent Limit Exceedances for Outlet 003 (October 1, 2017-October 31, 2022) Monitoring Period End Date 01/31/2022 01/31/2022 Parameter Name Chlorine, Total Residual Chlorine, Total Residual Limit Type Monthly Average Daily Maximum DMR Value 10 10 Permit Limit 0.009 0.018 Units mg/L mg/L Limit Start Date 10/1/2017 Limit End Date 8/14/2022 10/1/2017 8/14/2022 Monitoring Parts A.001, A.002, and A.003 of the Permit each state, "Effluent BOD5 samples shall be collected at a location immediately preceding disinfection" The General Manager stated that effluent BOD5 samples are collected after disinfection at each of the three WWTPs. He stated that effluent BOD samples are collected after chlorination but prior to dechlorination at the Bayard WWTP, and collected after dechlorination at the Gormania and Elk Garden WWTPs. Parts A.001, A.002, and A.003 of the Permit each require select samples to be obtained as 8-hour composite samples. Appendix A, Part III.7.d of the Permit states, "`Composite Sample' is a combination of individual samples obtained at regular intervals over a time period. Either the volume of each individual sample is proportional to discharge flow rates or the sampling interval (for constant volume samples) is proportional to the flow rates over the time period used to produce the composite." Per conversations with the General Manager, the Permittee was collecting timeproportional composite samples, as opposed to flow-proportional composite samples as required by the Permit. He stated that the composite sampler is programmed to collect the same volume of aliquot over a defined period (at the time of the inspection, the sampler was programmed to obtain a 100mL aliquot every five minutes). At the time of the inspection, it was unclear if the volume of the composite sample jug was adequate to collect a full 8-hour composite sample. The General Manager stated that the composite sampler stops sampling once the sample jug is full. At the time of the inspection, the sampler was programmed to collect a 100mL aliquot every 5 minutes; based on these settings, during an 8-hour timeframe, the sampler would collect a total volume of 9.6 L. Based on an approximate conversion rate of 3.785 liters per gallon, a volume of 9.6 L would equal an approximate volume of 2.5 gallons. The EPA Inspector did not observe a label on the sample jug that indicated the total volume of the jug. Per the product specifications page in the instruction manual for the Global Water WS700, which was the make and model of the sampler, the volume of the sample jug is 2 gallons (refer to Appendix B, Exhibit 4). Unique Project Identifier: 3E23WN012A Page 10 of 13 Inspection Date: December 7, 2022 Mountain Top PSD (WV0101524) Compliance Evaluation Inspection Report Appendix A, Part III.3 of the Permit states, "Samples shall be taken, preserved and analyzed in accordance with the latest edition of 40 CFR Part 136, unless other test procedures have been specified elsewhere in this permit." 40 CFR Part 136 requires many of the parameters limited and required to be monitored by the Permit to be preserved by cooling to 6 C (e.g., BOD, TSS, Total Kjeldahl Nitrogen). 40 CFR 136 requires Fecal coliform samples to be cooled to <10 C. The Permittee uses a portable automatic composite sampler for compliance sampling. The General Manager stated that ice is not placed into the composite sampler during sampling to cool the samples; samples are cooled upon final collection of the composite sample. He also stated that the portable sampler is exposed to ambient conditions during sampling (i.e., it is not placed into a heated or cooled building). Proper Operation and Maintenance Appendix A, Part II.1 of the Permit states, "The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls, and appropriate quality assurance procedures. Unless otherwise required by Federal or State law, this provision requires the operation of back-up auxiliary facilities or similar systems which are installed by the permittee only when the operation is necessary to achieve compliance with the conditions of the permit." The EPA Inspector made multiple observations related to operations and maintenance at the PSD facilities: a. The Permittee lacked formal, written standard operating procedures (SOPs) for the operations & maintenance (O&M) of the WWTPs. b. The Permittee lacked a work order system or other formal mechanism to comprehensively track corrective and preventative maintenance activities. Some O&M activities were scheduled/tracked via a white board at the water treatment plant (refer to Appendix A, Photograph 66) c. Operators do not maintain a logbook that documents daily O&M activities in a narrative format. d. The WWTPs lacked telemetry to remotely monitor the WWTPs or to notify operators of an equipment failure or other averse operating conditions during unmanned hours. Operators visit the WWTPs every other day. The General Manager stated that the lack of adequate/reliable telephone service precluded the use of telemetry. The pump stations at Bayard and Elk Garden have high and low level alarms that trigger an onsite visual alarm at the respective control panels. e. The General Manager stated that the Chief Operator performs settleable solids tests and obtains clarifier sludge blanket levels approximately once per month, but these activities are not documented. No other process control sampling is performed at the WWTPs. f. The General Manager stated that sludge is wasted to the sludge holding tank based on the "weight" of the sludge inside the clarifier, which is determined when scraping the clarifier (i.e., sludge is not wasted based on maintaining a Unique Project Identifier: 3E23WN012A Page 11 of 13 Inspection Date: December 7, 2022 Mountain Top PSD (WV0101524) Compliance Evaluation Inspection Report specific sludge blanket level or other formal process control parameters). Clarifiers are scraped to help maintain a uniform sludge blanket and to help ensure a consistent return activated sludge (RAS)/waste activated sludge (WAS) flow. g. The EPA Inspector observed floating solids/sludge inside clarifiers and adjacent to clarifier effluent weirs at each of the three WWTPs. Additionally, biological growth was present on the clarifier effluent weirs at the Gormania WWTP and Elk Garden WWTP. Refer to Appendix A, Photographs 7 and 8 for Gormania WWTP. Refer to Appendix A, Photographs 24 through 28 for the Bayard WWTP. Refer to Appendix A, Photographs 47 through 51 for the Elk Garden WWTP. The General Manager stated that the floating solids were present due to recent replacement of air diffusers and that solids are removed via a net when observed during site visits. h. At the Bayard WWTP, biological growth was present on the outlet marker such that a portion of the text was not readily legible (refer to Appendix A, Photograph 39). Appendix A, Paragraph I.13 of the Permit states "A permanent [outlet] marker at the establishment shall be posted in accordance with Title 47, Series 11, Section 9 of the West Virginia Legislative Rules." The referenced rules require, among other requirements, that the outlet marker contains the permittee name, permit number, and outlet number. i. The Elk Garden WWTP lacked a source of water in the winter for cleaning equipment/process units. The General Manager stated that the yard hydrants at the WWTP did not work and that a tote is used onsite as a water source. However, since the tote is exposed to ambient conditions, the water will freeze during the winter months. j. Page 1 of the Permit states the Town of Bayard WWTP is equipped with a comminutor. At the time of the inspection, the comminutor had been removed (refer to Appendix A, Photograph 19). The General Manager stated the Permittee did not plan to replace the comminutor. k. The flow meter calibration sticker at the Gormania WWTP stated the meter was last calibrated in October 2021 (refer to Appendix A, Photograph 67). Records Review The EPA Inspector conducted a records review to evaluate the Permittee's compliance with the Permit. Most of the records and reports required by the Permit were available for review prior to and after the inspection. The following were reviewed: EPA Integrated Compliance Information System (ICIS) data during the period from October 1, 2017 through October 31, 2022. DMRs and associated laboratory data for January 2021 through November 2022. A white board in the water treatment plant that tracks operations and maintenance activities for the WWTPs and the Mountain Top PSD's public water system. A calendar in the water treatment plant used to identify days which WWTP sampling is conducted. pH meter calibration logbook. Wastewater operator certificates for Rusty Kitzmiller and Harvey Forrest (Chief Operator). Examples of recent sludge hauling invoices (sludge hauled by M&W Septic Tank Pumping LLC). Unique Project Identifier: 3E23WN012A Page 12 of 13 Inspection Date: December 7, 2022 Mountain Top PSD (WV0101524) Compliance Evaluation Inspection Report Closing Conference After the WWTP site walks, the EPA Inspector met with the General Manager for a closing conference and shared preliminary observations. The EPA Inspector reiterated that all preliminary observations discussed were not compliance determinations. Any and all preliminary observations shared were subject to further investigation by the EPA Inspector upon the additional review of records and documentation. Additional observations may be contained in this inspection report that were not identified at the time of the closing conference after the additional review of materials following the inspection. The inspection concluded at approximately 3:10 PM (EST). Unique Project Identifier: 3E23WN012A Page 13 of 13 Inspection Date: December 7, 2022 Mountain Top PSD (WV0101524) Compliance Evaluation Inspection Report Appendix A Photograph Log Unique Project Identifier: 3E23WN012A Inspection Date: December 7, 2022 Mountain Top PSD (WV0101524) Compliance Evaluation Inspection Report Gormania WWTP. (DSCN9604) View of the Gormania WWTP sign on the entrance gate. The WWTP was surrounded by a chain-link fence with barbed wire. The fence was in good condition at the time of the inspection. Sludge tank Bar screen Aeration basin Clarifier Chlorine contact chamber Dechlorination chamber Gormania WWTP. (DSCN9596) View of the Gormania WWTP. Unique Project Identifier: 3E23WN012A 1 Inspection Date: December 7, 2022 Mountain Top PSD (WV0101524) Compliance Evaluation Inspection Report Gormania WWTP. (DSCN9614) View of the influent bar screen. Gormania WWTP. (DSCN9626). View of the two blowers. Unique Project Identifier: 3E23WN012A 2 Inspection Date: December 7, 2022 Mountain Top PSD (WV0101524) Compliance Evaluation Inspection Report Gormania WWTP. (DSCN9624) View inside the blower control cabinet. A schedule was posted inside that indicated that each blower is cycled into the lead operating position every other month. Gormania WWTP. (DSCN9615) View inside the clarifier. Unique Project Identifier: 3E23WN012A 3 Inspection Date: December 7, 2022 Mountain Top PSD (WV0101524) Compliance Evaluation Inspection Report Gormania WWTP. (DSCN9616) View of the clarifier effluent weir. Solids and biological growth were present in the v-notches. Operators place chlorine tablets in the trough/launder to help prevent biological growth but do not regularly clean the weir. Solids To CCC Gormania WWTP. (DSCN9618) View of solids adjacent to the clarifier effluent weir. Biological growth and solids were present in the v-notches. The chlorine contact chamber had baffles that appeared to be designed to help prevent floating solids from carrying over into the final effluent. Unique Project Identifier: 3E23WN012A 4 Inspection Date: December 7, 2022 Mountain Top PSD (WV0101524) Compliance Evaluation Inspection Report Gormania WWTP. (DSCN9619) View of the chlorination unit and chlorine contact chamber. To dechlorination chamber Gormania WWTP. (DSCN9620) View inside the chlorine contact chamber just prior to flowing to the dechlorination chamber. Unique Project Identifier: 3E23WN012A 5 Inspection Date: December 7, 2022 Mountain Top PSD (WV0101524) Compliance Evaluation Inspection Report To Outlet 002 Gormania WWTP. (DSCN9635) View inside the dechlorination chamber. This is the final stage of treatment. The pipe on the right flows to Outlet 002. The effluent flowing to Outlet 002 appeared clear and free of solids and debris. Gormania WWTP. (DSCN9629) View of the effluent flow meter display, which showed a flow rate of 7.7/7.8 gpm at the time of the inspection. Unique Project Identifier: 3E23WN012A 6 Inspection Date: December 7, 2022 Mountain Top PSD (WV0101524) Compliance Evaluation Inspection Report Outfall pipe Gormania WWTP. (DSCN9641) View of Outlet 002 and sign. The arrow callout is pointing to the general position of the outfall pipe as it is obscured from view by vegetation (refer to Photograph 14). Outfall pipe Gormania WWTP. (DSCN9643) View of Outlet 002. The outfall pipe is obscured from view by vegetation. The effluent appeared clear and free of solids and debris at the time of the inspection. Unique Project Identifier: 3E23WN012A 7 Inspection Date: December 7, 2022 Mountain Top PSD (WV0101524) Compliance Evaluation Inspection Report Gormania WWTP. (DSCN9644) View of effluent from Outlet 002 flowing to the North Branch of the Potomac River. Backup generator building Influent pump station wet well Bayard WWTP. (DSCN9718) View of the influent pump station and backup generator building. Unique Project Identifier: 3E23WN012A 8 Inspection Date: December 7, 2022 Mountain Top PSD (WV0101524) Compliance Evaluation Inspection Report Bayard WWTP. (DSCN9658) View inside the influent pump station wet well. Some fats, oils, and grease were present on the wastewater surface inside the wet well. The General Manager stated the floats are cleaned twice per year. There are two floats for pump operation (one for each pump) and two floats for level alarms (one high level and one low level). Influent channels Splitter box above equalization basin Bayard WWTP. (DSCN9670) View of the WWTP. Unique Project Identifier: 3E23WN012A 9 Inspection Date: December 7, 2022 Mountain Top PSD (WV0101524) Compliance Evaluation Inspection Report Gate used to direct flow to bar screen channel Bayard WWTP. (DSCN9673) View of the influent channels. There are two channels, one that had been equipped with a grinder that had been removed from service. The other is equipped with a manual bar screen. At the time of the inspection, influent flow was directed to the manual bar screen channel. Bayard WWTP. (DSCN9674) View inside the splitter box that sits above the equalization basin. The valve regulates hydraulic flow through the plant. Unique Project Identifier: 3E23WN012A 10 Inspection Date: December 7, 2022 Mountain Top PSD (WV0101524) Compliance Evaluation Inspection Report Aeration basins Splitter box Bayard WWTP. (DSCN9688) View of the WWTP. CCC Sludge holding tank Aeration basins Clarifier Clarifier Bayard WWTP. (DSCN9689) View of the WWTP. Unique Project Identifier: 3E23WN012A 11 Inspection Date: December 7, 2022 Mountain Top PSD (WV0101524) Compliance Evaluation Inspection Report Bayard WWTP. (DSCN9683) View of the two blowers. Sludge Bayard WWTP. (DSCN9694) View inside the northern clarifier. Floating sludge was present on the surface of the clarifier. Unique Project Identifier: 3E23WN012A 12 Inspection Date: December 7, 2022 Mountain Top PSD (WV0101524) Compliance Evaluation Inspection Report Sludge Bayard WWTP. (DSCN9691) View inside the northern clarifier. Floating sludge was present adjacent to the effluent weir. To CCC Sludge Bayard WWTP. (DSCN9692) View of the northern clarifier effluent weir. Floating sludge was adjacent to the weir. Unique Project Identifier: 3E23WN012A 13 Inspection Date: December 7, 2022 Mountain Top PSD (WV0101524) Compliance Evaluation Inspection Report Bayard WWTP. (DSCN9697) View of the southern clarifier. Sludge Bayard WWTP. (DSCN9698) View of the southern clarifier effluent weir. Floating sludge was adjacent to the weir. Unique Project Identifier: 3E23WN012A 14 Inspection Date: December 7, 2022 Mountain Top PSD (WV0101524) Compliance Evaluation Inspection Report Bayard WWTP. (DSCN9703) View of the chlorination unit. A screening mechanism had been installed post-chlorination to capture debris. Bayard WWTP. (DSCN9705) View of the chlorine contact chamber just prior to flowing to the dechlorination chamber. A pipe was present that was used to periodically pump settled solids to the equalization basin (four times per year per the General Manager). Unique Project Identifier: 3E23WN012A 15 Inspection Date: December 7, 2022 Mountain Top PSD (WV0101524) Compliance Evaluation Inspection Report Bayard WWTP. (DSCN9707) View of the pipe in the chlorine contact chamber used to transfer solids from the chlorine contact chamber to the equalization basin. The General Manager stated a trash pump is connected to the piping to transfer the solids. Level sensor Bayard WWTP. (DSCN9706) View of the level sensor in the chlorine contact chamber used to determine effluent flow rate. Unique Project Identifier: 3E23WN012A 16 Inspection Date: December 7, 2022 Mountain Top PSD (WV0101524) Compliance Evaluation Inspection Report Bayard WWTP. (DSCN9723) View of flow meter display. The display stated that the flow was 1.03 gpm based on a water level of 1.358 inches. The sticker on the display stated the meter was last calibrated in December 2021. Pipe reported to serve no purpose Bayard WWTP. (DSCN9711) View inside the dechlorination chamber. The board underneath the dechlorination unit was installed to increase dissolved oxygen concentrations of the treated effluent. The General Manager stated the second pipe did not serve a purpose (it was a relic of the original plant design but never placed into service). He stated it was not an overflow pipe from a treatment unit upstream of the dechlorination chamber. Unique Project Identifier: 3E23WN012A 17 Inspection Date: December 7, 2022 Mountain Top PSD (WV0101524) Compliance Evaluation Inspection Report Bayard WWTP. (DSCN9710) Close-up view of effluent flow out of the dechlorination unit. Effluent flows from this chamber to Outlet 001. Bayard WWTP. (DSCN9727) View of Outlet 001. The receiving waterbody pictured is the North Branch of the Potomac River. Unique Project Identifier: 3E23WN012A 18 Inspection Date: December 7, 2022 Mountain Top PSD (WV0101524) Compliance Evaluation Inspection Report Bayard WWTP. (DSCN9731) View of Outlet 001 headwall, pipe, and sign. Bayard WWTP. (DSCN9730) View of Outlet 001 pipe. The effluent appeared clear and free of solids and debris. Unique Project Identifier: 3E23WN012A 19 Inspection Date: December 7, 2022 Mountain Top PSD (WV0101524) Compliance Evaluation Inspection Report Bayard WWTP. (DSCN9729) View of the sign for Outlet 001. The text on the sign was obscured such that it was partially illegible. the WWTP. Bayard WWTP. (DSCN9706) View of emergency backup generator unit for Unique Project Identifier: 3E23WN012A 20 Inspection Date: December 7, 2022 Mountain Top PSD (WV0101524) Compliance Evaluation Inspection Report Elk Garden WWTP. (DSCN9976) View of the first chamber of the influent equalization basin and splitter box. Secondary treatment units Second chamber of the equalization basin Elk Garden WWTP. (DSCN9979) View of the second chamber of the equalization basins, blower housing units, and the secondary treatment process units. Unique Project Identifier: 3E23WN012A 21 Inspection Date: December 7, 2022 Mountain Top PSD (WV0101524) Compliance Evaluation Inspection Report Elk Garden WWTP. (DSCN9972) View of the influent bar screen in the first chamber of the flow equalization basin. Elk Garden WWTP. (DSCN9973) View inside the second chamber of the flow equalization basin. The basin is connected to the first chamber from pipes below the wastewater surface. The General Manager stated this chamber is aerated to prevent septic conditions from occurring. Unique Project Identifier: 3E23WN012A 22 Inspection Date: December 7, 2022 Mountain Top PSD (WV0101524) Compliance Evaluation Inspection Report Elk Garden WWTP. (DSCN9975) View inside the splitter box. Sand filters Sludge tanks Aeration basins Clarifiers Elk Garden WWTP. (DSCN9978) View of the WWTP including aeration basins, clarifiers, sludge tanks, and sand filters. Covers for the aeration basins and clarifiers are used in the winter to help maintain the secondary treatment process at an adequate temperature. Unique Project Identifier: 3E23WN012A 23 Inspection Date: December 7, 2022 Mountain Top PSD (WV0101524) Compliance Evaluation Inspection Report Sludge Elk Garden WWTP. (DSCN9983) View of the south clarifier effluent weir. Floating sludge was adjacent to the weir and biological growth was present on the weir. To basin that pumps to sand filters Sludge Elk Garden WWTP. (DSCN9985) View of the south clarifier effluent weir. Floating sludge was adjacent to the weir and biological growth was present on the weir. Unique Project Identifier: 3E23WN012A 24 Inspection Date: December 7, 2022 Mountain Top PSD (WV0101524) Compliance Evaluation Inspection Report Elk Garden WWTP. (DSCN9986) View of the south clarifier effluent weir. Biological growth was present on the weir. Elk Garden WWTP. (DSCN9992) View of the north clarifier effluent weir. Biological growth was present on the weir and floating sludge was present adjacent to the weir. Unique Project Identifier: 3E23WN012A 25 Inspection Date: December 7, 2022 Mountain Top PSD (WV0101524) Compliance Evaluation Inspection Report Sludge Elk Garden WWTP. (DSCN9994) View of the north clarifier effluent weir. Biological growth was present on the weir and floating sludge was present adjacent to the weir. Elk Garden WWTP. (DSCN9988) View inside the north sludge holding tank. The tank had been pumped out during the inspection; the Permittee had identified an air delivery line that needed to be repaired. Unique Project Identifier: 3E23WN012A 26 Inspection Date: December 7, 2022 Mountain Top PSD (WV0101524) Compliance Evaluation Inspection Report Basin prior to sand filters Elk Garden WWTP. (DSCN9998) View of the basin from which clarified wastewater is pumped to the sand filters and its associated pump control panel. The basin had two pumps. Elk Garden WWTP. (DSCN9997) View inside the basin from which clarified wastewater is pumped to the sand filters. Unique Project Identifier: 3E23WN012A 27 Inspection Date: December 7, 2022 Mountain Top PSD (WV0101524) Compliance Evaluation Inspection Report Elk Garden WWTP. (DSCN0001) View of the three sand filters. The Permittee operates one filter at a time; the General Manager stated that each filter is capable of treating the rated capacity of the WWTP (50,000 gpd). Elk Garden WWTP. (DSCN0005) View of northernmost sand filter which was not in service at the time of the inspection. The Permittee was allowing the sludge to dry before manually removing it. Unique Project Identifier: 3E23WN012A 28 Inspection Date: December 7, 2022 Mountain Top PSD (WV0101524) Compliance Evaluation Inspection Report Elk Garden WWTP. (DSCN0004) View of the sand filter shown in the middle of Photograph 56. The General Manager stated the standpipe shown in the foreground of the photograph is an overflow that flows to the chlorination building (each filter is equipped with such an overflow pipe). Overflow to chlorination building Elk Garden WWTP. (DSCN0006) View of the southernmost sand filter which was in service at time of the inspection. Unique Project Identifier: 3E23WN012A 29 Inspection Date: December 7, 2022 Mountain Top PSD (WV0101524) Compliance Evaluation Inspection Report Elk Garden WWTP. (DSCN0012) View of the chlorination unit and chlorine contact chamber. Floating debris was observed on the surface of the chlorine contact chamber. Elk Garden WWTP. (DSCN0014) View of the dechlorination unit. Unique Project Identifier: 3E23WN012A 30 Inspection Date: December 7, 2022 Mountain Top PSD (WV0101524) Compliance Evaluation Inspection Report Elk Garden WWTP. (DSCN0016) View of dechlorinated effluent flowing into a pipe that leads to Outlet 003. Elk Garden WWTP. (DSCN0011) View of the effluent flow meter display, which stated the effluent flow was 13.37 gpm at the time of the inspection. The sticker on the cabinet stated the flow meter was last calibrated in December 2021. Unique Project Identifier: 3E23WN012A 31 Inspection Date: December 7, 2022 Mountain Top PSD (WV0101524) Compliance Evaluation Inspection Report Elk Garden WWTP Outlet 003 pipe Elk Garden WWTP. (DSCN0021) View of Outlet 003 pipe and sign. Outlet 003 is located in a cow pasture and approximately 930 feet from the chlorination/dechlorination building. Elk Garden WWTP. (DSCN0023) View of Outlet 003 pipe. Unique Project Identifier: 3E23WN012A 32 Inspection Date: December 7, 2022 Mountain Top PSD (WV0101524) Compliance Evaluation Inspection Report Outlet 003 sign Elk Garden WWTP. (DSCN0025) View of the confluence of the Outlet 003 effluent flow path and the receiving water, which is an unnamed tributary of Deep Run, which is tributary to the North Branch of the Potomac River. Mountain PSD Water Treatment Plant. (DSCN9737) View of the whiteboard at the water treatment plant used to track O&M activities for the WWTPs and public water system. Unique Project Identifier: 3E23WN012A Inspection Date: December 7, 2022 33 Mountain Top PSD (WV0101524) Compliance Evaluation Inspection Report Gormania WWTP. (DSCN9630) View of the calibration sticker for the flow meter. The sticker states the meter was last calibrated in October 2021. Unique Project Identifier: 3E23WN012A 34 Inspection Date: December 7, 2022 Mountain Top PSD (WV0101524) Compliance Evaluation Inspection Report Appendix B Exhibit Log Unique Project Identifier: 3E23WN012A Inspection Date: December 7, 2022 Mountain Top PSD (WV0101524) Compliance Evaluation Inspection Report Exhibit 1 EPA ICIS Exceedance Data for Outlet 001 (October 1, 2017 through October 31, 2021) Unique Project Identifier: 3E23WN012A Inspection Date: December 7, 2022 NPDES ID Permit Name Monitoring Period End Date Limit Set Parameter Mon. Loc. Desc. Limit Value Limit Value Qualifier Code Limit Type Quantity 1 Quantity 2 Quantity Units Concentration 1 Concentration 2 Concentration 3 Concentration Units Effluent Violation? Y/N Limit Start Date Limit End Date WV0101524 MOUNTAIN TOP 09/30/2019 001-D Solids, Percent >= PSD suspended Removal WV0101524 MOUNTAIN TOP 07/31/2021 001-A Coliform, fecal Disinfection, <= PSD general Process WV0101524 MOUNTAIN TOP 07/31/2021 001-A Coliform, fecal Disinfection, <= PSD general Process Complete WV0101524 MOUNTAIN TOP 09/30/2021 001-A BOD, 5-day, 20 Prior to <= PSD deg. C Disinfection 85. MO AV MN 200. MO GEOMN 400. DAILY MX 12.5 MO AVG 76.86 73 lb/d WV0101524 MOUNTAIN TOP 09/30/2021 001-A BOD, 5-day, 20 Prior to <= PSD deg. C Disinfection 25. DAILY MX 76.86 lb/d WV0101524 MOUNTAIN TOP 12/31/2021 001-A Chlorine, total Disinfection, <= PSD residual Process Complete WV0101524 MOUNTAIN TOP 12/31/2021 001-A Chlorine, total Disinfection, <= PSD residual Process Complete WV0101524 MOUNTAIN TOP 01/31/2022 001-A Solids, total Disinfection, <= PSD suspended Process Complete WV0101524 MOUNTAIN TOP 01/31/2022 001-A Chlorine, total Disinfection, <= PSD residual Process Complete WV0101524 MOUNTAIN TOP 01/31/2022 001-A Chlorine, total Disinfection, <= PSD residual Process Complete WV0101524 MOUNTAIN TOP 08/31/2022 001-A Solids, total Disinfection, <= PSD suspended Process Complete WV0101524 MOUNTAIN TOP 08/31/2022 001-A Solids, total Disinfection, <= PSD suspended Process Complete . DAILY MX . MO AVG 12.5 MO AVG 17.9 lb/d . DAILY MX . MO AVG 12.5 MO AVG 27.52 lb/d 25. DAILY MX 27.52 lb/d 8664 10 10 8664 % #/100mL #/100mL 10 mg/L mg/L 10 mg/L mg/L Y 10/1/2017 8/14/2022 Y 10/1/2017 8/14/2022 Y 10/1/2017 8/14/2022 Y 10/1/2017 8/14/2022 Y 10/1/2017 8/14/2022 Y 10/1/2017 8/14/2022 Y 10/1/2017 8/14/2022 Y 10/1/2017 8/14/2022 Y 10/1/2017 8/14/2022 Y 10/1/2017 8/14/2022 Y 7/1/2022 5/5/2027 Y 7/1/2022 5/5/2027 Mountain Top PSD (WV0101524) Compliance Evaluation Inspection Report Exhibit 2 EPA ICIS Exceedance Data for Outlet 002 (October 1, 2017 through October 31, 2021) Unique Project Identifier: 3E23WN012A Inspection Date: December 7, 2022 NPDES ID Permit Name Monitoring Period End Date Limit Set Parameter Mon. Loc. Desc. Limit Value Limit Value Qualifier Code Limit Type Quantity 1 Quantity 2 Quantity Units Concentration 1 Concentration 2 Concentration 3 Concentration Units Effluent Violation? Y/N Limit Start Date Limit End Date WV0101524 MOUNTAIN TOP 03/31/2019 002-B Nitrogen, Disinfection, <= PSD Kjeldahl, total [as Process WV0101524 MOUNTAIN TOP 03/31/2019 002-B Coliform, fecal Disinfection, <= PSD general Process Complete WV0101524 MOUNTAIN TOP 09/30/2020 002-B Nitrogen, Disinfection, <= PSD Kjeldahl, total [as Process N] Complete WV0101524 MOUNTAIN TOP 03/31/2021 002-B Coliform, fecal Disinfection, <= PSD general Process Complete WV0101524 MOUNTAIN TOP 03/31/2021 002-B Coliform, fecal Disinfection, <= PSD general Process Complete WV0101524 MOUNTAIN TOP 06/30/2021 002-B BOD, 5-day, 20 Prior to <= PSD deg. C Disinfection WV0101524 MOUNTAIN TOP 12/31/2021 002-B Chlorine, total Disinfection, <= PSD residual Process Complete WV0101524 MOUNTAIN TOP 12/31/2021 002-B Chlorine, total Disinfection, <= PSD residual Process Complete WV0101524 MOUNTAIN TOP 09/30/2022 002-B Solids, total Disinfection, <= PSD suspended Process Complete WV0101524 MOUNTAIN TOP 09/30/2022 002-B Nitrogen, Disinfection, <= PSD Kjeldahl, total [as Process N] Complete 18. MO AVG 400. DAILY MX 18. MO AVG 200. MO GEOMN 400. DAILY MX 30. MO AVG . DAILY MX . MO AVG 30. MO AVG 18. MO AVG 33.8 23.1 5300 32.6 10 36.5 22 5900 5300 10 mg/L #/100mL mg/L #/100mL #/100mL mg/L mg/L mg/L mg/L mg/L Y 10/1/2017 8/14/2022 Y 10/1/2017 8/14/2022 Y 10/1/2017 8/14/2022 Y 10/1/2017 8/14/2022 Y 10/1/2017 8/14/2022 Y 10/1/2017 8/14/2022 Y 10/1/2017 8/14/2022 Y 10/1/2017 8/14/2022 Y 7/1/2022 5/5/2027 Y 7/1/2022 5/5/2027 Mountain Top PSD (WV0101524) Compliance Evaluation Inspection Report Exhibit 3 EPA ICIS Exceedance Data for Outlet 003 (October 1, 2017 through October 31, 2021) Unique Project Identifier: 3E23WN012A Inspection Date: December 7, 2022 NPDES ID Permit Name Monitoring Period End Date Limit Set Parameter Mon. Loc. Desc. Limit Value Limit Value Qualifier Code Limit Type Quantity 1 Quantity 2 Quantity Units Concentration 1 Concentration 2 Concentration 3 Concentration Units Effluent Violation? Y/N Limit Start Date Limit End Date WV0101524 MOUNTAIN TOP 02/28/2018 003-A Nitrogen, Disinfection, <= PSD Kjeldahl, total [as Process N] Complete WV0101524 MOUNTAIN TOP 09/30/2018 003-D BOD, 5-day, Percent >= PSD percent removal Removal 15. MO AVG 85. MO AV MN 19.9 81 mg/L % Y 10/1/2017 8/14/2022 Y 10/1/2017 8/14/2022 WV0101524 MOUNTAIN TOP 09/30/2021 003-A Solids, total Disinfection, <= PSD suspended Process Complete WV0101524 MOUNTAIN TOP 09/30/2021 003-A Solids, total Disinfection, <= PSD suspended Process Complete WV0101524 MOUNTAIN TOP 09/30/2021 003-A Solids, total Disinfection, <= PSD suspended Process Complete WV0101524 MOUNTAIN TOP 09/30/2021 003-A Nitrogen, Disinfection, <= PSD Kjeldahl, total [as Process N] Complete WV0101524 MOUNTAIN TOP 09/30/2021 003-A Nitrogen, Disinfection, <= PSD Kjeldahl, total [as Process N] Complete WV0101524 MOUNTAIN TOP 01/31/2022 003-A Chlorine, total Disinfection, <= PSD residual Process Complete WV0101524 MOUNTAIN TOP 01/31/2022 003-A Chlorine, total Disinfection, <= PSD residual Process Complete 12.5 MO AVG 250.21 lb/d 25. DAILY MX 250.21 lb/d 30. MO AVG 6.3 MO AVG 19.13 lb/d 12.5 DAILY MX 19.13 lb/d .009 MO AVG .018 DAILY MX Y 10/1/2017 8/14/2022 Y 10/1/2017 8/14/2022 34 mg/L Y 10/1/2017 8/14/2022 Y 10/1/2017 8/14/2022 Y 10/1/2017 8/14/2022 10 mg/L Y 10/1/2017 8/14/2022 10 mg/L Y 10/1/2017 8/14/2022 Mountain Top PSD (WV0101524) Compliance Evaluation Inspection Report Exhibit 4 Instruction Manual for Global Water WS700 Sampler Unique Project Identifier: 3E23WN012A Inspection Date: December 7, 2022 Global Water 800-876-1172 globalw.com Global Water Instrumentation, Inc. 11390 Amalgam Way Gold River, CA 95670 T: 800-876-1172 Int'l: (916) 638-3429, F: (916) 638-3270 globalw.com WS700 Sampler 01-455 11/30/09 - 1 - X. Specifications Global Water 800-876-1172 globalw.com Operating Temperature: Size of unit: Weight: Materials: Enclosure: Bottle: Pickup Hose: Pump Tubing: Sample Pump: Flow Rate: Type: Maximum Lift: Battery: Battery Life: Start Delay: Composite Interval: Sample Size: External Trigger Input: Pulse Output: Bottle Switch Input: Rain and Water Sensors: Internal Fuse: 0 to +70C 22"H X 17"W X 9"D 20lb (Shipping Weight 22lb) Expanded UV protected PVC 2 gallon Polyethylene 15' nylon reinforced 1/4" ID polyethylene flexible tubing section with intake strainer Neoprene 1/4" ID, 7/16" OD 1000 ml per minute at a 4 foot head Peristaltic ~20 feet Rechargeable 5 AH Gel Cell ~1 hour, continuous pumping under load Standby: 3 months while still retaining enough power to run the pump to capacity 16 time settings from 0 to 12 hours 15 time settings from 5 min. to 12 hours plus an External Trigger mode setting 15 composite sample sizes from 50ml to 2 liters plus a Full Bottle discrete setting (Approximate sizes at 4 foot head) 250mS minimum pulse width Switch closure or 4-24VDC 5VDC one-second pulse 1000ohm output impedance Switch closure Input Floating read switch in bottle Optional moisture sensors or switch closure inputs 10A Slow-Blow - 11 - Mountain Top PSD (WV0101524) Compliance Evaluation Inspection Report Appendix C NPDES Permit No. WV0101524 Unique Project Identifier: 3E23WN012A Inspection Date: December 7, 2022 Permit Number: WV0101524 Permittee: MOUNTAIN TOP PSD cc: Bureau of Public Health Construction Assistance Env. Insp. Supv. Env. Insp. Public Service Commission STATE OF WEST VIRGINIA DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER AND WASTE MANAGEMENT 601 57TH STREET SE CHARLESTON, WV 25304-2345 NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM WATER POLLUTION CONTROL PERMIT NPDES PERMIT NO.: WV0101524 ISSUE DATE: May 06, 2022 SUBJECT: Sewage EFFECTIVE DATE : July 01, 2022 EXPIRATION DATE: May 05, 2027 SUPERSEDES: Permit No. WV0101524 dated August 15, 2017 LOCATION: MOUNT STORM (City) Grant (County) N. Potomac River (Drainage Basin) See the next page for a list of Outlets. TO WHOM IT MAY CONCERN: This is to certify that: MOUNTAIN TOP PSD BOX 236 MOUNT STORM, WV 26739 is hereby granted a West Virginia NPDES Water Pollution Control Permit to: operate and maintain three (3) existing sewage collection and treatment systems which are further described as follows: Outlet No.: 001 - Town of Bayard ------------------------------------------------------To operate and maintain a sanitary wastewater collection system consisting of approximately 4,782 linear feet of six (6) inch diameter gravity sewer line, 14,462 linear feet of eight (8) inch diameter gravity sewer line, 91 manholes, 20 cleanouts, one (1) lift station, 30 linear feet of six (6) inch diameter force main line, and all necessary appurtenances. To operate and maintain a 50,000 gallon per day wastewater treatment system consisting of a 50,000 gallon per day extended aeration wastewater treatment plant comprised of a comminutor, a bar screen, a 5,400 gallon flow equalization tank, a 50,000 gallon aeration tank, a 10,900 gallon clarifier, a sludge holding tank, a tablet-type chlorine disinfection unit with a 1,735 gallon contact tank, a tablet-type dechlorination unit, a continuous flow measuring meter and all necessary appurtenances. Facilities are designed to serve approximately 720 persons or equivalent in the Town of Bayard in Grant County and to discharge treated wastewater via Outlet 001 to the North Branch (52 miles from its mouth) of the Potomac River. Outlet No.: 002 - Town of Gormania -------------------------------------------------------To operate and maintain a sanitary wastewater collection system consisting of approximately 850 linear feet of four (4) inch diameter gravity sewer line, 200 linear feet of six (6) inch diameter gravity sewer line, 4,500 linear feet of eight (8) inch diameter gravity sewer line, 20 manholes, four (4) cleanouts, two (2) duplex submersible sewage grinder pump stations, 200 linear feet of one and one fourth (1 1/4) inch diameter force main line, 950 Page No.: 2 of 17 Permit No. : WV0101524 linear feet of two (2) inch diameter force main line, and all necessary appurtenances. To operate and maintain a 10,000 gallon per day wastewater treatment system consisting of a 10,000 gallon per day extended aeration "package plant" comprised of a bar screen, a 10,000 gallon aeration chamber, a 2,704 gallon clarifier, a tablet-type chlorine disinfection unit with a 1,454 gallon contact tank, a tablet-type dechlorination unit, a 2,906 gallon sludge holding tank, a continuous flow measuring meter, and all necessary appurtenances. Facilities are designed to serves approximately 140 persons or equivalent in the Town of Gormania in Grant County and to discharge treated wastewater via Outlet 002 to the North Branch (approximately 50 miles from its mouth) of the Potomac River. Outlet No.: 003 - Town of Elk Garden -------------------------------------------------------------To operate and maintain a sanitary wastewater collection system consisting of approximately 4,646 linear feet of four (4) inch diameter gravity sewer line, 4,121 linear feet of six (6) inch diameter gravity sewer line, 16,095 linear feet of eight (8) inch diameter gravity sewer line, 96 manholes, 29 cleanouts, a duplex lift station, 1,788 linear feet of four (4) inch diameter force main line and all necessary appurtenances. To operate and maintain a 50,000 gallon per day wastewater treatment system consisting of a 50,000 gallon per day extended aeration sewage treatment plant consisting of a bar screen, a communitor, a 17,000 gallon flow equalization tank, a 50,000 gallon aeration tank, a 9,200 gallon clarifier, a 17,000 aerated sludge holding tank, a 5,000 gallon dosing tank, three (3) alternating surface sand filters with a total surface area of 3,868 square feet, a tablet-type chlorine disinfection unit with a 3,150 gallon contact tank, a tablet-type dechlorination, a post aeration unit, a flow measuring meter, and all necessary appurtenances. Facilities are designed to serve approximately 714 persons or equivalent in the Town of Elk Garden in Mineral County and to discharge treated wastewater via Outlet 003 to an unnamed tributary (0.09 miles from its mouth) of Deep Run of the North Branch of the Potomac River. This permit is subject to the following terms and conditions : The information submitted on and with Permit Application No. WV0101524, dated the 11th day of February 2022, is all hereby made terms and conditions of this Permit with like effect as if all such permit application information were set forth herein and with other conditions set forth in Sections A, B, C, D, and Appendix A. The validity of this permit is contingent upon the payment of the applicable annual permit fee, as required by Chapter 22, Article 11, Section 10 of the Code of West Virginia. Inspectable Unit Latitude 001 3916'28" 002 3917'35" 003 3923'45" Longitude Receiving Stream 7921'46" 7920'30" 7909'21" NORTH BR OF POTOMAC NORTH BR OF POTOMAC Unnamed Tributary Of DEEP RN Page No. : 3 of 17 Permit No. : WV0101524 Dist. to Stream Mouth (in Mile) Milepost 90 N/A 85.85 N/A 0.8 N/A A.001 DISCHARGE LIMITATIONS AND MONITORING REQUIREMENTS: Permit Limits During the period beginning 7/1/2022 and lasting through midnight 5/5/2027 the permittee is authorized to discharge from Outlet Number(s) 001 (Sanitary) Such discharges shall be limited and monitored by the permittee as specified below: Effluent Characteristic Quantity Discharge Limitations Units Other Units 50050 - (Flow,in Conduit or thru plant) N/A N/A N/A N/A Rpt Only (Year Round) (ML-1) (RF-A) Avg. Monthly Rpt Only Max. Daily Units mgd Monitoring Requirements Measurement Frequency Sample Type Continuous measured 00310 - (BOD, 5-Day 20 Deg.C) (Year Round) (ML-B) (RF-A) 12.5 Avg. Monthly 25 Max. Daily Lbs/Day N/A 30 Avg. Monthly 60 Max. Daily mg/l 1/month 8 hr comp 00530 - (Total Suspended Solids) (Year Round) (ML-A) (RF-A) 12.5 Avg. Monthly 25 Max. Daily Lbs/Day N/A 30 Avg. Monthly 60 Max. Daily mg/l 1/month 8 hr comp 81010 - (BOD, % Removal) (Year Round) (ML-K) (RF-D) N/A N/A N/A 85 N/A N/A Percent Month. Avg. Min. 1/year Calculated 81011 - (Suspended Solids, % Removal) N/A N/A N/A 85 N/A N/A Percent (Year Round) (ML-K) (RF-D) Month. Avg. Min. 1/year Calculated 74055 - (Coliform, Fecal) (Year Round) (ML-A) (RF-A) N/A N/A N/A N/A 200 400 Cnts/100ml 1/month Mon. Geo. Mean Max. Daily Grab 00400 - (pH) (Year Round) (ML-A) (RF-A) N/A N/A N/A 6 N/A 9 S.U. Inst. Min. Inst. Max. 1/month Grab 00300 - (Dissolved Oxygen) (Year Round) (ML-A) (RF-A) N/A N/A N/A 5 N/A N/A mg/l Inst. Min. 1/month Grab Samples taken in compliance with the monitoring requirements specified above shall be taken at the following location(s): Effluent BOD5 samples shall be collected at a location immediately preceding disinfection. Other effluent samples shall be collected at or as near as possible to the point of discharge. [Town of Bayard] This discharge shall comply with Appendix A - I MANAGEMENT CONDITIONS I - 12. Page No.: 4 of 17 Permit No.: WV0101524 A.001 DISCHARGE LIMITATIONS AND MONITORING REQUIREMENTS: Permit Limits During the period beginning 7/1/2022 and lasting through midnight 5/5/2027 the permittee is authorized to discharge from Outlet Number(s) 001 (Sanitary) Such discharges shall be limited and monitored by the permittee as specified below: Effluent Characteristic Quantity Discharge Limitations Units Other Units 00625 - (Nitrogen, Kjeldahl Total) 7.5 15 Lbs/Day N/A 18 (Year Round) (ML-A) (RF-A) Avg. Monthly Max. Daily Avg. Monthly 36 Max. Daily Units mg/l Monitoring Requirements Measurement Frequency Sample Type 1/month 8 hr comp 00600 - (Nitrogen, Total (as N)) (Year Round) (ML-A) (RF-B) N/A N/A N/A N/A Rpt Only Rpt Only mg/l Avg. Monthly Max. Daily 1/quarter 8 hr comp 00665 - (Phosphorus, Total) (Year Round) (ML-A) (RF-B) N/A N/A N/A N/A Rpt Only Rpt Only mg/l Avg. Monthly Max. Daily 1/quarter 8 hr comp 50060 - (Chlorine, Total Residual) N/A N/A N/A N/A zero zero mg/l (Year Round) (ML-A) (RF-A) Avg. Monthly Max. Daily 1/month Grab 01119 - (Copper, Total Recoverable) N/A N/A N/A N/A Rpt Only Rpt Only mg/l (Year Round) (ML-A) (RF-B) Avg. Monthly Max. Daily 1/quarter 8 hr comp 01114 - (Lead, Total Recoverable) N/A N/A N/A N/A Rpt Only Rpt Only mg/l (Year Round) (ML-A) (RF-D) Avg. Monthly Max. Daily 1/year 8 hr comp 01094 - (Zinc, Total Recoverable) N/A N/A N/A N/A Rpt Only Rpt Only mg/l (Year Round) (ML-A) (RF-D) Avg. Monthly Max. Daily 1/year 8 hr comp Samples taken in compliance with the monitoring requirements specified above shall be taken at the following location(s): Effluent BOD5 samples shall be collected at a location immediately preceding disinfection. Other effluent samples shall be collected at or as near as possible to the point of discharge. [Town of Bayard] This discharge shall comply with Appendix A - I MANAGEMENT CONDITIONS I - 12. Page No.: 5 of 17 Permit No.: WV0101524 A.002 DISCHARGE LIMITATIONS AND MONITORING REQUIREMENTS: Permit Limits During the period beginning 7/1/2022 and lasting through midnight 5/5/2027 the permittee is authorized to discharge from Outlet Number(s) 002 (Sanitary) Such discharges shall be limited and monitored by the permittee as specified below: Effluent Characteristic Quantity Discharge Limitations Units Other Units 50050 - (Flow,in Conduit or thru plant) N/A N/A N/A N/A Rpt Only (Year Round) (ML-1) (RF-B) Avg. Monthly Rpt Only Max. Daily Units mgd Monitoring Requirements Measurement Frequency Sample Type Continuous measured 00310 - (BOD, 5-Day 20 Deg.C) (Year Round) (ML-B) (RF-B) 2.5 Avg. Monthly 5 Max. Daily Lbs/Day N/A 30 Avg. Monthly 60 Max. Daily mg/l 1/quarter 8 hr comp 00530 - (Total Suspended Solids) (Year Round) (ML-A) (RF-B) 2.5 Avg. Monthly 5 Max. Daily Lbs/Day N/A 30 Avg. Monthly 60 Max. Daily mg/l 1/quarter 8 hr comp 74055 - (Coliform, Fecal) (Year Round) (ML-A) (RF-B) N/A N/A N/A N/A 200 400 Cnts/100ml 1/quarter Mon. Geo. Mean Max. Daily Grab 00400 - (pH) (Year Round) (ML-A) (RF-B) N/A N/A N/A 6 N/A 9 S.U. Inst. Min. Inst. Max. 1/quarter Grab 00300 - (Dissolved Oxygen) (Year Round) (ML-A) (RF-B) N/A N/A N/A 5 N/A N/A mg/l Inst. Min. 1/quarter Grab 00625 - (Nitrogen, Kjeldahl Total) (Year Round) (ML-A) (RF-B) 1.5 Avg. Monthly 3 Max. Daily Lbs/Day N/A 18 Avg. Monthly 36 Max. Daily mg/l 1/quarter 8 hr comp 00600 - (Nitrogen, Total (as N)) (Year Round) (ML-A) (RF-B) N/A N/A N/A N/A Rpt Only Rpt Only mg/l Avg. Monthly Max. Daily 1/quarter 8 hr comp Samples taken in compliance with the monitoring requirements specified above shall be taken at the following location(s): Effluent BOD5 samples shall be collected at a location immediately preceding disinfection. Other effluent samples shall be collected at or as near as possible to the point of discharge. [Town of Gormania] This discharge shall comply with Appendix A - I MANAGEMENT CONDITIONS I - 12. Page No.: 6 of 17 Permit No.: WV0101524 A.002 DISCHARGE LIMITATIONS AND MONITORING REQUIREMENTS: Permit Limits During the period beginning 7/1/2022 and lasting through midnight 5/5/2027 the permittee is authorized to discharge from Outlet Number(s) 002 (Sanitary) Such discharges shall be limited and monitored by the permittee as specified below: Effluent Characteristic Quantity Discharge Limitations Units Other Units 00665 - (Phosphorus, Total) N/A N/A N/A N/A Rpt Only (Year Round) (ML-A) (RF-B) Avg. Monthly Rpt Only Max. Daily Units mg/l Monitoring Requirements Measurement Frequency Sample Type 1/quarter 8 hr comp 50060 - (Chlorine, Total Residual) N/A N/A N/A N/A zero zero mg/l (Year Round) (ML-A) (RF-B) Avg. Monthly Max. Daily 1/quarter Grab Samples taken in compliance with the monitoring requirements specified above shall be taken at the following location(s): Effluent BOD5 samples shall be collected at a location immediately preceding disinfection. Other effluent samples shall be collected at or as near as possible to the point of discharge. [Town of Gormania] This discharge shall comply with Appendix A - I MANAGEMENT CONDITIONS I - 12. Page No.: 7 of 17 Permit No.: WV0101524 A.003 DISCHARGE LIMITATIONS AND MONITORING REQUIREMENTS: Permit Limits During the period beginning 7/1/2022 and lasting through midnight 5/5/2027 the permittee is authorized to discharge from Outlet Number(s) 003 (Sanitary) Such discharges shall be limited and monitored by the permittee as specified below: Effluent Characteristic Quantity Discharge Limitations Units Other Units 50050 - (Flow,in Conduit or thru plant) N/A N/A N/A N/A Rpt Only (Year Round) (ML-1) (RF-A) Avg. Monthly Rpt Only Max. Daily Units mgd Monitoring Requirements Measurement Frequency Sample Type Continuous measured 00310 - (BOD, 5-Day 20 Deg.C) (Year Round) (ML-B) (RF-A) 12.5 Avg. Monthly 25 Max. Daily Lbs/Day N/A 30 Avg. Monthly 60 Max. Daily mg/l 1/month 8 hr comp 00530 - (Total Suspended Solids) (Year Round) (ML-A) (RF-A) 12.5 Avg. Monthly 25 Max. Daily Lbs/Day N/A 30 Avg. Monthly 60 Max. Daily mg/l 1/month 8 hr comp 81010 - (BOD, % Removal) (Year Round) (ML-K) (RF-D) N/A N/A N/A 85 N/A N/A Percent Month. Avg. Min. 1/year Calculated 81011 - (Suspended Solids, % Removal) N/A N/A N/A 85 N/A N/A Percent (Year Round) (ML-K) (RF-D) Month. Avg. Min. 1/year Calculated 74055 - (Coliform, Fecal) (Year Round) (ML-A) (RF-A) N/A N/A N/A N/A 200 400 Cnts/100ml 1/month Mon. Geo. Mean Max. Daily Grab 00400 - (pH) (Year Round) (ML-A) (RF-A) N/A N/A N/A 6 N/A 9 S.U. Inst. Min. Inst. Max. 1/month Grab 00300 - (Dissolved Oxygen) (Year Round) (ML-A) (RF-A) N/A N/A N/A 6 N/A N/A mg/l Inst. Min. 1/month Grab Samples taken in compliance with the monitoring requirements specified above shall be taken at the following location(s): Effluent BOD5 samples shall be collected at a location immediately preceding disinfection. Other effluent samples shall be collected at or as near as possible to the point of discharge. This discharge shall comply with Appendix A - I MANAGEMENT CONDITIONS I - 12. Page No.: 8 of 17 Permit No.: WV0101524 A.003 DISCHARGE LIMITATIONS AND MONITORING REQUIREMENTS: Permit Limits During the period beginning 7/1/2022 and lasting through midnight 5/5/2027 the permittee is authorized to discharge from Outlet Number(s) 003 (Sanitary) Such discharges shall be limited and monitored by the permittee as specified below: Effluent Characteristic Quantity Discharge Limitations Units Other Units 00625 - (Nitrogen, Kjeldahl Total) 7.5 15 Lbs/Day N/A 18 (Year Round) (ML-A) (RF-A) Avg. Monthly Max. Daily Avg. Monthly Refer to Section C.25 for alternate limits. 00600 - (Nitrogen, Total (as N)) N/A N/A N/A N/A Rpt Only (Year Round) (ML-1) (RF-B) Avg. Monthly 36 Max. Daily Rpt Only Max. Daily Units mg/l mg/l Monitoring Requirements Measurement Frequency Sample Type 1/month 8 hr comp 1/quarter 8 hr comp 00665 - (Phosphorus, Total) (Year Round) (ML-1) (RF-B) N/A N/A N/A N/A Rpt Only Rpt Only mg/l Avg. Monthly Max. Daily 1/quarter 8 hr comp 50060 - (Chlorine, Total Residual) N/A N/A N/A N/A 0.009 0.018 mg/l (Year Round) (ML-A) (RF-A) Avg. Monthly Max. Daily 1/month Grab 01119 - (Copper, Total Recoverable) N/A (Year Round) (ML-A) (RF-A) 01114 - (Lead, Total Recoverable) N/A (Year Round) (ML-A) (RF-D) N/A N/A N/A Rpt Only Rpt Only mg/l Avg. Monthly Max. Daily Refer to Section C.25 for alternate limits. N/A N/A N/A Rpt Only Rpt Only mg/l Avg. Monthly Max. Daily 1/month 1/year 8 hr comp 8 hr comp 01094 - (Zinc, Total Recoverable) N/A (Year Round) (ML-A) (RF-A) 00900 - (Hardness, Total (as CaCO3)) N/A (Year Round) (ML-6) (RF-C) N/A N/A N/A Rpt Only Rpt Only mg/l Avg. Monthly Max. Daily Refer to Section C.25 for alternate limits. N/A N/A N/A Rpt Only Rpt Only mg/l Avg. Monthly Max. Daily 1/month 1/6 months 8 hr comp Grab Samples taken in compliance with the monitoring requirements specified above shall be taken at the following location(s): Effluent BOD5 samples shall be collected at a location immediately preceding disinfection. Other effluent samples shall be collected at or as near as possible to the point of discharge. This discharge shall comply with Appendix A - I MANAGEMENT CONDITIONS I - 12. Page No.: 9 of 17 Permit No.: WV0101524 Page No.: 10 of 17 Permit No.: WV0101524 B. SCHEDULE OF COMPLIANCE 1. The permitee shall achieve compliance with the provisions for waste treatment and the monitoring requirements specified in the permit in accordance with the following schedule : Effective date of permit. 2. Reports of compliance or non-compliance with, and progress reports on interim and final requirements contained in the above compliance schedule, if any, shall be postmarked no later than 14 days following each schedule date. Page No.: 11 of 17 Permit No.: WV0101524 Section C - Other Requirements 01. The herein-described treatment works, structures, electrical and mechanical equipment shall be adequately protected from physical damage by the maximum expected one hundred (100) year flood level and operability be maintained during the twenty-five (25) year flood level. 02. The entire sewage treatment facilities shall be adequately protected by fencing. 03. The proper operation and maintenance of the listed sewage treatment facilities shall be performed, or supervised, by a certified operator possessing at least a Class S certificate for Wastewater System Operators as issued by the State of West Virginia. The on-site attendance of this facility's Class S operator shall be determined and directed by the Bureau for Public Health, Office of Environmental Health Services. 04. The arithmetic mean of values for effluent samples collected in a seven (7) consecutive day period shall not exceed 45.0 mg/l for BOD5 and TSS for Outlet No.001 [Town of Bayard] and Outlet No.002 [Town of Gormania] and shall not exceed 45 mg/l for TSS for Outlet No.003 [Elk Garden]. Furthermore, the permittee may submit mitigating factors as an attachment to its DMRs related to an excursion of this requirement. The Director may choose to take those mitigating factors into consideration in determining whether enforcement action is required. 05. The permittee shall submit each month (1/month) or quarter (1/quarter) according to the enclosed format, a Discharge Monitoring Report (DMR) indicating in terms of concentration and/or quantities the values of the constituents listed in Section A analytically determined to be in the plant effluent(s). Additional information pertaining to effluent monitoring and reporting can be found in Section III of Appendix A. 06. The required DMRs shall be received by the agency no later than 25 days following the end of the reporting period in accordance with the following requirements. The agency is now requiring the permittee to utilize our electronic discharge monitoring report (eDMR) system which is now mandatory. The permittee is not required to submit hard copies of the DMRs to the addresses listed below when using eDMR. Special circumstances may result in the agency granting an exemption to eDMR and are considered on case by case basis. If the permittee was exempted by the agency from using the eDMR system, then the permittee is required to send hard copies to the addresses below. The permittee may contact the agency for more information about the eDMR system and potential exemptions from using it. Regardless, in accordance with Appendix A, Section III.6 of this permit, the permittee shall maintain copies of DMRs (either hard copies or electronic copies) at the plant site and the DMRs shall be made readily available upon request for DEP personnel. a. Director Division of Water and Waste Management 601 57th Street, SE Charleston, West Virginia 25304 Attn: Permitting Branch Department of Environmental Protection Environmental Enforcement 22288 Northwestern Pike Romney, West Virginia 26757 07. In conjunction with all other reporting requirements of this permit, copies of all future correspondence regarding this permit will be forwarded to the Environmental Inspector and Environmental Inspector Supervisor at the following address: Department of Environmental Protection Environmental Enforcement 22288 Northwestern Pike Romney, West Virginia 26757 08. The permittee shall not accept any new non-domestic discharges without first obtaining approval from the Director of the Division of Water and Waste Management as provided in Title 47, Series 10, Section 14 of the West Virginia Legislative Rules. 09. If any existing non-domestic discharge causes, or is suspected of causing, interference or pass through (as defined by 40 CFR 403.3) or otherwise violates any provision of 40 CFR 403, the permittee shall notify the Director of such violation or suspected violation. Page No.: 12 of 17 Permit No.: WV0101524 Section C - Other Requirements 10. If any existing non-domestic discharge is identified as being subject to Categorical Pretreatment Standard under 40 CFR Chapter 1, Subchapter N, and the discharge is not regulated by this permit, the permittee shall notify the Director of such identification. 11. The average daily design flow of the Town of Bayard and the Town of Elk Garden Wastewater Treatment Plants have been established at 0.05 million gallons per day. The average daily design flow of the Town of Gormania WWTP has been established at 0.01 million gallons per day. When the average monthly effluent flow at each plant reported on Discharge Monitoring Reports reaches, or exceeds, 90 percent of the average design flow, 0.045 million gallons per day (Bayard and Elk Garden) or 0.009 million gallons per day (Gormania)during three (3) consecutive monthly periods, the permittee shall submit a Plan of Action to the Director. The Plan of Action shall present, at a minimum, an analysis of current hydraulic and organic loadings on the plant, an analysis of the future projected loadings, and a Schedule of Tasks to accomplish procedures necessary to maintain required treatment levels. 12. Any future collection system extensions projected to cause an increase in the wastewater flow, equal to, or greater than, five (5) percent of average design flow (2,500 gpd for Bayard and Elk Garden, or 500 gpd for Gormania) shall require the permittee to contact the Director to secure approval of the extension. After consideration of the complexity of the project, and the available treatment capacity of the facility, the Director may require the permittee to seek approval through Modification of the Permit. 13. Effluent monitoring for the following pollutants shall be conducted using the most sensitive methods and detection levels commercially available and economically feasible. The following methods are to be used unless the permittee desires to use an EPA Approved Test Method with a listed lower method detection level. Regardless, it is recognized that detection levels can vary from analysis to analysis and that non-detect results at a different MDL for the specified test method would not constitute a permit violation. Parameter EPA Method No. Method Detection ---------------------------------------------------------------- Copper, Total Recoverable 200.8 0.5 Lead, Total Recoverable 200.8 0.6 Zinc, Total Recoverable 200.8 1.8 Level (ug/l) 14. The analytical test procedures, set forth in 40 CFR Part 136, prescribe colorimetric methods for certain parameters. The digestion process for the performance of total recoverable is not sufficient for the utilization of a colorimetric procedure. Therefore, colorimetric procedures shall not be acceptable for the analysis of parameters prescribed as total recoverable. 15. Over the term of this permit, the permittee is allowed one (1) excursion eachof the maximum daily fecal coliform effluent limitation prescribed in Section A.001 and A.003. The number of allowed excursions is based upon one (1) percent of the number of required self-monitoring events. Utilization of the excursion allowance is conditioned as follows. a. Excursion allowances are afforded only to self-monitoring results and only when self-monitoring activities assess compliance with the maximum daily effluent limitation by analysis of an individual grab sample. No excursion allowance can be applied to analytical results obtained by representatives of the Director in the performance of their compliance assessment activities. Additionally, representatives of the Director may assess compliance with the maximum daily effluent limitation by collection and analysis of an individual grab sample. b. The excursion allowance is contingent upon the permittee's prompt return to compliance as evidenced by the next required fecal coliform self-monitoring event. c. The result for which an excursion allowance is claimed shall be included in the calculation of the average monthly effluent value. d. Should an excursion allowance be utilized by the permittee, said allowance must be reported as an attachment to the Discharge Monitoring Report. This attachment should state that (1) an excursion allowance was taken in accordance with the conditions outlined above, (2) the total number of allowances taken to date during the term of this permit, and (3) the total number of allowances remaining during the term of this permit. The permittee shall maintain an on-site record of the excursion allowances utilized during the term of the permit. Page No.: 13 of 17 Permit No.: WV0101524 Section C - Other Requirements 16. The permittee shall be required to test the sewage treatment plant's influent in order to calculate the percent (%) removal parameters for BOD5 and TSS contained in Section A.001 and A.003 of this permit. Influent sampling requirements include: a. Percent removal shall be defined as a percentage expression of the removal efficiency across the wastewater treatment plant for a given pollutant parameter, as determined from the thirty day average values of the influent concentrations to the facility and the thirty day average effluent pollutant concentrations. Only influent and effluent samples taken concurrently as specified below shall be used for reporting. b. Influent BOD5 and TSS samples shall be collected using the permittee's established sampling schedule at least one times per year (1/year) for the wastewater treatment facility. c. The permittee shall collect representative BOD5 and TSS influent samples using their established sampling procedures over an eight (8) hour period. d. Influent BOD5 and TSS sampling shall be performed over the same eight (8) hour time period as the effluent BOD5 and TSS sampling. 17. Any "not detected (ND)" results by the permittee must be "ND" at the method detection limit (MDL) for the test method used for that parameter and must be reported as less than the MDL used. The permittee may not report the result as zero, "ND", or report the result as less than a minimum level (ML), reporting limit (RL), or practical quantitation limit (PQL). When averaging values of analytical results for DMR reporting purposes for monthly averages, the permittee should use actual analytical results when these results are greater than or equal to the MDL and should use zero (0) when these results are less than the MDL. If all analytical results are non-detect at the MDL (<MDL), then the permittee should use the actual MDL in the calculation for averaging and report the result as less than the average calculation. 18. In incidences where a specific test method is not defined, the permittee shall utilize an EPA approved method with a method detection limit (MDL) sensitive enough to confirm compliance with the permit effluent limit for that parameter. If a MDL is not sensitive enough to confirm compliance, the most sensitive approved method must be used. If a more sensitive EPA approved method becomes available, that method shall be used. Should the current and/or new method not be sensitive enough to confirm compliance with the permitted effluent limit, analytical results reported as "not detected" at the MDL of the most sensitive method available will be deemed compliant for purposes of permit compliance. Results shall be reported on the Discharge Monitoring Reports as a numeric value less than the MDL. 19. The permittee shall not use alternate DMRs without prior approval from this Agency. 20. Available sampling methods for total residual chlorine (TRC) are currently not sensitive enough to confirm compliance with the permit limitations imposed for the new treatment plant. Total residual chlorine (TRC) samples shall be taken, preserved and analyzed in accordance with the latest edition of 40 CFR Part 136. Because the permittee does not operate a certified wastewater laboratory at the plant site but still must comply with the instantaneous sample-type requirements, the permittee shall use an EPA Approved Method with at least a method detection level (MDL) of 100 ug/l (0.1 mg/l). Any TRC sampling result reported as less than the MDL stated above shall be assumed to confirm compliance for purposes of permit compliance. Should a more sensitive EPA approved method become available for field analysis of TRC, the permittee shall perform TRC self-monitoring in accordance with the new method. If the new method is not sensitive enough to determine compliance with specified TRC limits, analytical results reported as "not detected" at the MDL of the new method will be deemed compliant for purposes of permit compliance. 21. Unless otherwise authorized under Section A of this permit, any discharge from any point other than a permitted treatment outfall or permitted combined sewer system is expressly prohibited. In the event there is a prohibited discharge from a sewer conveyance system, the permittee shall follow the reporting requirements contained in Appendix A, Part IV, Section 2. Page No.: 14 of 17 Permit No.: WV0101524 Section C - Other Requirements 22. In accordance with the Chesapeake Bay TMDL, no additional loading of the appropriate pollutants can be introduced into the Chesapeake Bay. Therefore, any future expansion of the Bayard, Gormania, or Elk Garden wastewater treatment plant beyond the existing design flow of 0.05 million gallons per day for Bayard or Elk Garden and beyond the existing design flow of 0.01 million gallons per day for Gormania shall require the permittee to obtain offsets. Said offsets shall be submitted to the Director for approval, and the permit subsequently modified prior to any expansion. At present, no trading or offset program has been established by the state. Proposals will continue to be evaluated on a case-by-case basis until a trading and/or offset program has been established. 23. Permit monitoring requirements are continuing to be implemented for total nitrogen and total phosphorous. The monitoring requirements shall be attained in accordance with the following: a. The Division recognizes there is not an EPA approved method to directly test for Total Nitrogen. The Total Nitrogen value to be reported on the permittee's Discharge Monitoring Reports (DMRs) shall be the sum of the following parameters; Total Kjeldahl Nitrogen, Nitrate, and Nitrite. 1) If all three (3) constituents of total nitrogen are not detected at its method detection limit (MDL), the permittee shall sum the actual MDLs for each constituent and report the result as less than the calculation. 2) When calculating the sum of the constituents for total nitrogen, the permittee shall use actual analytical results when these results are greater than or equal to the MDL for a particular constituent and should use zero (0) for a constituent if one (1) or two (2) of the constituents are less than the MDL. b. Effluent monitoring for the following pollutants shall be conducted using the most sensitive methods and detection levels commercially available and economically feasible. The following methods and detection levels are recommended to be used unless the permittee desires to use an EPA Approved Method with a lower detection level: Parameter ----------------------Total Kjeldahl Nitrogen Nitrate Nitrogen Nitrite Nitrogen Total Phosphorous EPA Method No. -------------- 351.2 300.0 300.0 365.4 Method Detection Limit (mg/l) ----------------------------- 0.05 0.002 0.004 0.01 Any "not detected (ND)" results by the permittee must be "ND" at the method detection limit (MDL) for the test method used for that parameter and must be reported as less than the MDL used (See Section 2.a for nitrogen). The permittee may not report the result as zero, "ND", or report the result as less than a minimum level (ML), reporting limit (RL), or practical quantitation limit (PQL). c. The permittee shall collect eight (8) hour composite samples for total phosphorous and for each constituent of total nitrogen. All sampling shall be collected concurrently and shall be representative of normal operations. 24. The Total Hardness sample(s) as provided for in Section A.003 are to be collected from the receiving stream at a point immediately downstream of, and after mixing with, the effluent discharge. 25. All effluent limitations contained in Section A.003 apply at all times unless specified otherwise in this section. Real time (tiered) water quality limitations have been granted for TKN, copper, and zinc in Section A.003 of the permit. The limitations for TKN, copper, and zinc imposed in Section A.003 only apply when there is no receiving stream flow in the unnamed tributary that Outlet 003 discharges into. If there is flow in the unnamed tributary that Outlet 003 discharges into, then the permittee must achieve all limitations contained in Section A.003 as well as the following more stringent limitations for TKN, copper, and zinc contained in Section C.25.a. Continued discharge under the specified limitations is contingent upon the requirements in this section. Page No.: 15 of 17 Permit No.: WV0101524 Section C - Other Requirements 25. a. Alternate Limitations at Outlet 003 if Flow Exists in Unnamed Tributary ----------------------------------------------------------------------- . . Pollutant --------TKN Zinc Copper Average Monthly Mass (lbs/day) --------------- 3.2 N/A N/A Max Daily Mass (lbs/day) --------- 6.3 N/A N/A Average Monthly Concentration (mg/l) --------------7.6 0.111 0.014 Max Daily Concentration (mg/l) ------------- 15.2 0.215 0.027 b. A daily stream flow monitoring log (log is attached to permit) shall be maintained by the facility and attached to its monthly Discharge Monitoring Reports (DMRs). The log shall, at a minimum, include: a daily record (minimum of five days per calendar week) of whether or not there was any stream flow in the unnamed tributary that Outlet 003 discharges into; whether or not a sample was collected that day; and whether or not that sample was compliant with Section C.25 of the permit. Please note that a visible inspection is required to validate whether or not stream flow exists. c. If the permittee collects a TKN, copper, or zinc sample during a particular monthly monitoring period and it is compliant with the limitations noted in Section C.25.a above, no further testing is necessary for the monthly monitoring period regardless of the flow conditions of the receiving stream. If the permittee collects a TKN, copper, or zinc sample during a monthly monitoring period that is compliant with the Section A.003 limitations/conditions but not compliant with the limitations/conditions prescribed in Section C.25.a, no additional sampling is necessary for the month for these pollutants so long as there is no stream flow for the entire monthly monitoring period. If the permittee collects a TKN, copper, or zinc sample during a monthly monitoring period that is compliant with the Section A.003 limitations/conditions but not compliant with the limitations/conditions prescribed in Section C.25.a AND there is flow in the unnamed tributary during the same monthly monitoring period, additional sampling is required (as soon as practically possible - i.e. within 24 hours of the stream flow record) during the month when stream flow in the unnamed tributary exists. Please note that any sample collected to show compliance with Section C.25.a must be compared to the limitations contained in Section C.25.a even if it is collected on the following day and there is no stream flow at the time of collection. Page No.: 16 of 17 Permit No.: WV0101524 Section D - Sewage Sludge Management Requirements 01. The permittee shall remove sewage sludge from its system only by a septage hauler certified and registered under either General Permit No. WVSG10000 for land application of sewage sludge or General Permit No. WVSG20000 for disposal of sewage sludge at a wastewater treatment facility. 02. Should the permittee choose to use any sewage sludge disposal method other than the method listed in Section D.01 above, they must obtain prior approval of that method from the Director of this Division. 03. Upon authorization of coverage under this permit, the permittee shall have fulfilled the requirements of Appendix A, Part II, Section 5, of this Permit, with respect to the sludge generated by the wastewater treatment facilities permitted herein and compliance with the terms and conditions of the approved Sewage Sludge Management Practices shall become incorporated herewith. 04. The permittee shall monitor and report annually on the enclosed Sewage Sludge Management Report form the quantity of sewage sludge produced. The required report shall be received by the agency no later than 25 days following the end of the reporting period and in accordance with the following requirements. a. The agency is now requiring the permittee to utilize our electronic DMR (eDMR) system which is now mandatory. b. The permittee is not required to submit hard copies of the DMRs to the addresses listed below when using eDMR. Special circumstances may result in the agency granting an exemption to eDMR and are considered on case by case basis. If the permittee was exempted by the agency from using the eDMR system, then the permittee is required to send hard copies to the addresses below. The permittee may contact the agency for more information about the eDMR system and potential exemptions from using it. Director Division of Water and Waste Management 601 57th Street SE Charleston, West Virginia 25304-2345 Attention: Permitting Program Department of Environmental Protection Environmental Enforcement 22288 Northwestern Pike Romney, West Virginia 26757 c. Regardless, in accordance with Appendix A, Section III.6 of this permit, the permittee shall maintain copies of DMRs (either hard copies or electronic copies) at the plant site and the DMRs shall be made readily available upon request from DEP personnel. 05. The permittee shall submit the Sewage Sludge Management Report form for each monitoring period listed below according to the following due dates: . Monitoring Period ----------------------January 1 - December 31 Sewage Sludge Management Report Due Dates -----------------------January 25 06. In conjunction with all other reporting requirements of this permit, copies of all future correspondence regarding this permit will be forwarded to the Environmental Inspector and Environmental Inspector Supervisor at the following address: Department of Environmental Protection Environmental Enforcement 22288 Northwestern Pike Romney, West Virginia 26757 07. The permittee shall maintain all records and reports of all monitoring required by Section D of this permit for five (5) years after the date of monitoring or reporting. Records should include copies of all required reports; and records of all data used to complete these reports. Appendix A I. MANAGEMENT CONDITIONS: 1. Duty to Comply a) The permittee must comply with all conditions of this permit. Permit noncompliance constitutes a violation of the CWA and State Act and is grounds for enforcement action; for permit modification, revocation and reissuance, suspension or revocation; or for denial of a permit renewal application. b) The permittee shall comply with all effluent standards or prohibitions established under Section 307(a) of the CWA for toxic pollutants within the time provided in the regulations that establish these standards or prohibitions, even if the permit has not yet been modified to incorporate the requirement. 2. Duty to Reapply If the permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the permittee must apply for a new permit at least 180 days prior to expiration of the permit. 3. Duty to Mitigate The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this permit, which has a reasonable likelihood of adversely affecting human health or the environment. 4. Permit Actions This permit may be modified, revoked and reissued, suspended, or revoked for cause. The filing of a request by the permittee for permit modification, revocation and reissuance, or revocation, or a notification of planned changes or anticipated noncompliance, does not stay any permit condition. 5. Property Rights This permit does not convey any property rights of any sort or any exclusive privilege. 6. Signatory Requirements All applications, reports, or information submitted to the Director shall be signed and certified as required in Title 47, Series 10 , Section 4.6 of the West Virginia Legislative Rules. 7. Transfers This permit is not transferrable to any person except after notice to the Director. The Director may require modification or revocation and reissuance of the permit to change the name of the permittee and incorporate such other requirements as may be necessary. 8. Duty to Provide Information The permittee shall furnish to the Director, within a reasonable specified time, any information which the Director may request to determine whether cause exists for modifying, revoking and reissuing, suspending, or revoking this permit, or to determine compliance with this permit. The permittee shall also furnish to the Director, upon request, copies of records required to be kept by this permit. 9. Other Information Where the permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or information. 10. Inspection and Entry The permittee shall allow the Director, or an authorized representative, upon the presentation of credentials and other documents as may be required by law, to: a) Enter upon the permittee's premises in which an effluent source or activity is located, or where records must be kept under the conditions of this permit; b) Have access to and copy at reasonable times, any records that must be kept under the conditions of this permit; c) Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and d) Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the State Act, any substances or parameters at any location. 11. Permit Modification This permit may be modified, suspended, or revoked in whole or in part during its term in accordance with the provisions of Chapter 22-11-12 of the Code of West Virginia. 12. Water Quality This discharge shall not cause or materially contribute to: distinctly visible floating or settable solids, suspended solids, scum, foam or oily slicks; deposits or sludge bank on the bottom; odors in the vicinity of the waters; taste or odor that would adversely affect the designated uses of the affected waters; distinctly visible color which may impair or interfere with the designated uses of the affected waters; and shall not cause a fish or mussel kill. The limitations and conditions in this permit for the discharges identified in this permit are limitations and conditions that are necessary to meet applicable West Virginia water quality standards, Requirements Governing Water Quality Standards 47 CSR 2. 13. Outlet Markers A permanent marker at the establishment shall be posted in accordance with Title 47, Series 11, Section 9 of the West Virginia Legislative Rules. 14. Liabilities a) Any person who violates a permit condition implementing sections 301, 302, 306, 307, 308, 318, or 405 of the Clean Water Act is subject to a civil penalty not to exceed $25,000 per day of such violation. Any person who willfully or negligently violates permit conditions implementing sections 301, 302, 306, 307, 308 or 405 of the Clean Water Act is subject to a fine of not less than $2,500 nor more than $25,000 per day of violation, or by imprisonment for not more than 1 year, or both. b) Any person who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than 2 years, or by both. c) Any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than 2 years, or by both. d) Nothing in I.14 a), b), and c) shall be construed to limit or prohibit any other authority the Director may have under the State Water Pollution Control Act, Chapter 22, Article 11. II. OPERATION AND MAINTENANCE: 1. Proper Operation and Maintenance The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls, and appropriate quality assurance procedures. Unless otherwise required by Federal or State law, this provision requires the operation of back-up auxiliary facilities or similar systems which are installed by the permittee only when the operation is necessary to achieve compliance with the conditions of the permit. For domestic waste treatment facilities, waste treatment operators as classified by the WV Bureau of Public Health Laws, W. Va. Code Chapter 16-1, will be required except that in circumstances where the domestic waste treatment facility is receiving any type of industrial waste, the Director may require a more highly skilled operator. 2. Need to Halt or Reduce Activity Not a Defense It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of the permit. 3. Bypass a) b) c) d) Definitions (1) "Bypass" means the intentional diversion of waste streams from any portion of a treatment facility; and (2) "Severe property damage" means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. Bypass not exceeding limitations. The permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provision of II.3.c) and II.3.d) of this permit. (1) If the permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten (10) days before the date of the bypass; (2) If the permittee does not know in advance of the need for bypass, notice shall be submitted as required in IV.2.b) of this permit. Prohibition of bypass (1) Bypass is permitted only under the following conditions, and the Director may take enforcement action against a permittee for a bypass, unless; (A) Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage; (B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgement to prevent a bypass which occurred during normal periods of equipment downtime or preventative maintenance; and (C) The permittee submitted notices as required under II.3.c) of this permit. (2) The Director may approve an anticipated bypass, after considering its adverse effects, if the Director determines that it will meet the three conditions listed in II.3.d.(1) of this permit. 4. Upset a) b) c) d) Definition. "Upset" means an exceptional incident in which there is unintentional and temporary noncompliance with technology-based permit effluent limitations because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventative maintenance, or careless or improper operation. Effect of an upset. An upset constitutes an affirmative defense to an action brought for noncompliance with such technology-based permit effluent limitation if the requirements of II.4.c) are met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. Conditions necessary for a demonstration of upset. A permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (1) An upset occurred and that the permittee can identify the cause(s) of the upset; (2) The permitted facility was at the time being properly operated; (3) The permittee submitted notice of the upset as required in IV.2.b) of this permit. (4) The permittee complied with any remedial measures required under I.3. of this permit. Burden of proof. In any enforcement proceeding the permittee seeking to establish the occurrence of an upset has the burden of proof. 5. Removed Substances Where removed substances are not otherwise covered by the terms and conditions of this permit or other existing permit by the Director, any solids, sludges, filter backwash or other pollutants (removed in the course of treatment or control of wastewaters) and which are intended for disposal within the State, shall be disposed of only in a manner and at a site subject to the approval by the Director. If such substances are intended for disposal outside the State or for reuse, i.e., as a material used for making another product, which in turn has another use, the permittee shall notify the Director in writing of the proposed disposal or use of such substances, the identity of the prospective disposer or users, and the intended place of disposal or use, as appropriate. III. MONITORING AND REPORTING 1. Representative Sampling Samples and measurements taken for the purpose of monitoring shall be representative of the monitored activity. 2. Reporting a) b) c) d) Permittee shall submit, according to the enclosed format, a Discharge Monitoring Report (DMR) indicating in terms of concentration, and/or quantities, the values of the constituents listed in Part A analytically determined to be in the plant effluent(s). DMR submissions shall be made in accordance with the terms contained in Section C of this permit. Enter reported average and maximum values under "Quantity" and "Concentration" in the units specified for each parameter, as appropriate. Specify the number of analyzed samples that exceed the allowable permit conditions in the columns labeled "N.E." (i.e., number exceeding). Specify frequency of analysis for each parameter as number of analyses/specified period (e.g.,3/month is equivalent to 3 analyses performed every calendar month). If continuous, enter "Cont.". The frequency listed on format is the minimum required. 3. Test Procedures Samples shall be taken, preserved and analyzed in accordance with the latest edition of 40 CFR Part 136, unless other test procedures have been specified elsewhere in this permit. 4. Recording of Results For each measurement or sample taken pursuant to the permit, the permittee shall record the following information. a) The date, exact place, and time of sampling or measurement; b) The date(s) analyses were performed; c) The individual(s) who performed the sampling or measurement; d) The individual(s) who performed the analyses; if a commercial laboratory is used, the name and address of the laboratory; e) The analytical techniques or methods used, and f) The results of such analyses. Information not required by the DMR form is not to be submitted to this agency, but is to be retained as required in III.6. 5. Additional Monitoring by Permittee If the permittee monitors any pollutant at any monitoring point specified in this permit more frequently than required by this permit, using approved test procedures or others as specified in this permit, the results of this monitoring shall be included in the calculation and reporting of the data submitted in the Discharge Monitoring Report Form. Such increased frequency shall also be indicated. Calculations for all limitations which require averaging of measurements shall utilize an arithmetic mean unless otherwise specified in the permit. 6. Records Retention The permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original chart recordings for continuous monitoring instrumentation, copies of all reports required by this permit, and records of all data used to complete the application for the permit, for a period of at least three (3) years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time. 7. Definitions a) b) c) d) e) f) g) h) i) j) k) l) "Daily discharge" means the discharge of a pollutant measured during a calendar day or within any specified period that reasonably represents the calendar day for purposes of sampling. For pollutants with limitations expressed in units of mass, the daily discharge is calculated as the total mass of the pollutant discharged over the day. For pollutants with limitations expressed in other units of measurement, the daily discharge is calculated as the average measurement of the pollutant over the day. "Average monthly discharge limitation" means the highest allowable average of daily discharges over a calendar month, calculated as the sum of all daily discharges measured during a calendar month divided by the number of daily discharges measured during that month. "Maximum daily discharge limitation" means the highest allowable daily discharge. "Composite Sample" is a combination of individual samples obtained at regular intervals over a time period. Either the volume of each individual sample is proportional to discharge flow rates or the sampling interval (for constant volume samples) is proportional to the flow rates over the time period used to produce the composite. The maximum time period between individual samples shall be two hours. "Grab Sample" is an individual sample collected in less than 15 minutes. "is" = immersion stabilization - a calibrated device is immersed in the effluent stream until the reading is stabilized. The "daily average temperature" means the arithmetic average of temperature measurements made on an hourly basis, or the mean value plot of the record of a continuous automated temperature recording instrument, either during a calendar month, or during the operating month if flows are of shorter duration. The "daily maximum temperature" means the highest arithmetic average of the temperatures observed for any two (2) consecutive hours during a 24 hour day, or during the operating day if flows are of shorter duration. The "monthly average fecal coliform" bacteria is the geometric average of all samples collected during the month. "Measured Flow" means any method of liquid volume measurement, the accuracy of which has been previously demonstrated in engineering practice, or which a relationship to absolute volume has been obtained. "Estimate" means to be based on a technical evaluation of the sources contributing to the discharge including, but not limited to pump capabilities, water meters and batch discharge volumes. "Non-contact cooling water" means the water that is contained in a leak-free system, i.e., no contact with any gas, liquid, or solid other than the container for transport; the water shall have no net poundage addition of any pollutant over intake water levels, exclusive of approved antifouling agents. IV. OTHER REPORTING 1. Reporting Spills and Accidental Discharges Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities or penalties established pursuant to Title 47, Series 11, Section 2 of the West Virginia Legislative Rules promulgated pursuant to Chapter 22, Article 11. Attached is a copy of the West Virginia Spill Alert System for use in complying with Title 47, Series 11, Section 2 of the Legislative rules as they pertain to the reporting of spills and accidental discharges. 2. Immediate Reporting a) The permittee shall report any noncompliance which may endanger health or the environment immediately after becoming aware of the circumstances by using the Agency's designated spill alert telephone number. A written submission shall be provided within five (5) days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent recurrence of the noncompliance. b) The following shall also be reported immediately: (1) Any unanticipated bypass which exceeds any effluent limitation in the permit; (2) Any upset which exceeds any effluent limitation in the permit; and (3) Violation of a maximum daily discharge limitation for any of the pollutants listed by the Director in the permit shall be reported immediately. This list shall include any toxic pollutant or hazardous substance, or any pollutant specifically identified as the method to control a toxic pollutant or hazardous substance. c) The Director may waive the written report on a case-by-case basis if the oral report has been received in accordance with the above. d) Compliance with the requirements of IV.2 of this section, shall not relieve a person of compliance with Title 47, Series 11, Section 2. 3. Reporting Requirements a) Planned changes. The permittee shall give notice to the Director of any planned physical alterations or additions to the permitted facility which may affect the nature or quantity of the discharge. Notice is required when: (1) The alteration or addition to a permitted facility may meet one of the criteria for determining whether a facility is a new source in Section 13.7.b of Series 10, Title 47; or (2) The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants which are subject neither to effluent limitations in the permit, nor to notification requirements under IV.2 of this section. b) Anticipated noncompliance. The permittee shall give advance notice to the Director of any planned changes in the permitted facility or activity which may result in noncompliance with permit requirements. c) In addition to the above reporting requirements, all existing manufacturing, commercial, and silvicultural discharges must notify the Director in writing as soon as they know or have reason to believe: (1) That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, or any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels": (A) One hundred micrograms per liter (100 ug/l); (B) Two hundred micrograms per liter (200 ug/l) for acrolein and acrylonitrile; five hundred micrograms per liter (500 ug/l) for 2,4-dinitro phenol; and for 2-methyl 4,6-dinitrophenol; and one milligram per liter (1 mg/l) for antimony; (C) Five (5) times the maximum concentration value reported for that pollutant in the permit application in accordance with Section 4.4.b.9 of Series10, Title 47. (D) The level established by the Director in accordance with Section 6.3.g of Series 10, Title 47; (2) That any activity has occurred or will occur which would result in any discharge (on a non-routine or infrequent basis) of a toxic which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels": (A) Five hundred micrograms per liter (500 ug/l); (B) One milligram per liter (1 mg/l) for antimony; (C) Ten (10) times the maximum concentration value reported for that pollutant in the permit application in accordance with Section 4.4.b.7 of Series 10, Title 47; (D) The level established by the Director in accordance with Section 6.3.g of Series 10, Title 47. (3) That they have begun or expect to begin to use or manufacture as an intermediate or final product or by-product of any toxic pollutant which was not reported in the permit application under Section 4.4.b.9 of Series 10, Title 47 and which will result in the discharge on a routine or frequent basis of that toxic pollutant at levels which exceed five times the detection limit for that pollutant under approved analytical procedure. (4) That they have begun or expect to begin to use or manufacture as an intermediate or final product or by-product of any toxic pollutant which was not reported in the permit application under Section 4.4.b.9 of Series 10, Title 47 and which will result in the discharge on a non-routine or infrequent basis of that toxic pollutant at levels which exceed ten times the detection limit for that pollutant under approved analytical procedure. 4. Other Noncompliance The permittee shall report all instances of noncompliance not reported under the above paragraphs at the time monitoring reports are submitted. The reports shall contain the information listed in IV.2.a). Should other applicable noncompliance reporting be required, these terms and conditions will be found in Section C of this permit. WRD 2A-82 STATE OF WEST VIRGINIA NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM DISCHARGE MONITORING REPORT Permit Limits FACILITY NAME: (BAYARD, GORMANIA, & ELK GARDEN) MOUNTAIN TOP PSD LOCATION OF FACILITY: MOUNT STORM; Grant County PERMIT NO.: WV0101524 001 WASTELOAD FOR THE MONTH OF: Quantity Parameter Units N.E. 50050 (ML-1) RF-A Reported Flow,in Conduit or thru plant N/A N/A N/A Year Round Permit Limits CERTIFIED LABORATORY NAME: CERTIFIED LABORATORY ADDRESS: INDIVIDUAL PERFORMING ANALYSIS: Other Units CEL* Measurement Units N.E. Frequency Sample Type Rpt Only Avg. Monthly Rpt Only Max. Daily N/A mgd Continuous measured 00310 (ML-B) RF-A Reported BOD, 5-Day 20 Deg.C 12.5 25 Lbs/Day N/A Year Round Permit Limits Avg. Monthly Max. Daily 30 Avg. Monthly 60 Max. Daily N/A mg/l 1/month 8 hr comp 00530 (ML-A) RF-A Reported Total Suspended Solids 12.5 25 Lbs/Day N/A Year Round Permit Limits Avg. Monthly Max. Daily 30 Avg. Monthly 60 Max. Daily N/A mg/l 1/month 8 hr comp 81010 (ML-K) RF-D Reported BOD, % Removal Year Round N/A N/A Permit Limits 85 N/A N/A Month. Avg. Min. N/A Percent 1/year Calculated 81011 (ML-K) RF-D Reported Suspended Solids, % Removal N/A N/A Year Round Permit Limits 85 N/A N/A Month. Avg. Min. N/A Percent 1/year Calculated 74055 (ML-A) RF-A Reported Coliform, Fecal Year Round N/A N/A Permit Limits N/A 200 400 N/A Cnts/100ml 1/month Grab Mon. Geo. Mean Max. Daily * CEL = Compliance Evaluation Level Name of Principal Executive Officer Title of Officer I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information including the possibility of a fine and imprisonment for knowing violations. Date Completed Signature of Principal Executive Officer or Authorized Agent WRD 2A-82 STATE OF WEST VIRGINIA NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM DISCHARGE MONITORING REPORT Permit Limits FACILITY NAME: (BAYARD, GORMANIA, & ELK GARDEN) MOUNTAIN TOP PSD LOCATION OF FACILITY: MOUNT STORM; Grant County PERMIT NO.: WV0101524 001 WASTELOAD FOR THE MONTH OF: Quantity Parameter Units N.E. CERTIFIED LABORATORY NAME: CERTIFIED LABORATORY ADDRESS: INDIVIDUAL PERFORMING ANALYSIS: Other Units CEL* 00400 (ML-A) RF-A Reported pH Year Round N/A N/A Permit Limits 6 Inst. Min. N/A 9 Inst. Max. N/A Units S.U. Measurement N.E. Frequency Sample Type 1/month Grab 00300 (ML-A) RF-A Reported Dissolved Oxygen Year Round N/A N/A Permit Limits 5 N/A N/A Inst. Min. N/A mg/l 1/month Grab 00625 (ML-A) RF-A Reported Nitrogen, Kjeldahl Total 7.5 15 Lbs/Day N/A Year Round Permit Limits Avg. Monthly Max. Daily 18 Avg. Monthly 36 Max. Daily N/A mg/l 1/month 8 hr comp 00600 (ML-A) RF-B Reported Nitrogen, Total (as N) N/A N/A Year Round Permit Limits N/A Rpt Only Rpt Only N/A mg/l 1/quarter 8 hr comp Avg. Monthly Max. Daily 00665 (ML-A) RF-B Reported Phosphorus, Total Year Round N/A N/A Permit Limits N/A Rpt Only Rpt Only N/A mg/l 1/quarter 8 hr comp Avg. Monthly Max. Daily 50060 (ML-A) RF-A Reported Chlorine, Total Residual N/A N/A Year Round Permit Limits N/A 0 0 0.1 mg/l 1/month Grab Avg. Monthly Max. Daily * CEL = Compliance Evaluation Level Name of Principal Executive Officer Title of Officer I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information including the possibility of a fine and imprisonment for knowing violations. Date Completed Signature of Principal Executive Officer or Authorized Agent WRD 2A-82 STATE OF WEST VIRGINIA NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM DISCHARGE MONITORING REPORT Permit Limits FACILITY NAME: (BAYARD, GORMANIA, & ELK GARDEN) MOUNTAIN TOP PSD LOCATION OF FACILITY: MOUNT STORM; Grant County PERMIT NO.: WV0101524 001 WASTELOAD FOR THE MONTH OF: Quantity Parameter Units N.E. 01119 (ML-A) RF-B Reported Copper, Total Recoverable N/A N/A N/A Year Round Permit Limits CERTIFIED LABORATORY NAME: CERTIFIED LABORATORY ADDRESS: INDIVIDUAL PERFORMING ANALYSIS: Other Units CEL* Measurement Units N.E. Frequency Sample Type Rpt Only Avg. Monthly Rpt Only Max. Daily N/A mg/l 1/quarter 8 hr comp 01114 (ML-A) RF-D Reported Lead, Total Recoverable N/A N/A Year Round Permit Limits N/A Rpt Only Rpt Only N/A mg/l 1/year 8 hr comp Avg. Monthly Max. Daily 01094 (ML-A) RF-D Reported Zinc, Total Recoverable N/A N/A Year Round Permit Limits N/A Rpt Only Rpt Only N/A mg/l 1/year 8 hr comp Avg. Monthly Max. Daily * CEL = Compliance Evaluation Level Name of Principal Executive Officer Title of Officer I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information including the possibility of a fine and imprisonment for knowing violations. Date Completed Signature of Principal Executive Officer or Authorized Agent WRD 2A-82 STATE OF WEST VIRGINIA NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM DISCHARGE MONITORING REPORT Permit Limits FACILITY NAME: (BAYARD, GORMANIA, & ELK GARDEN) MOUNTAIN TOP PSD LOCATION OF FACILITY: MOUNT STORM; Grant County PERMIT NO.: WV0101524 002 WASTELOAD FOR THE MONTH OF: Quantity Parameter Units N.E. 50050 (ML-1) RF-B Reported Flow,in Conduit or thru plant N/A N/A N/A Year Round Permit Limits CERTIFIED LABORATORY NAME: CERTIFIED LABORATORY ADDRESS: INDIVIDUAL PERFORMING ANALYSIS: Other Units CEL* Measurement Units N.E. Frequency Sample Type Rpt Only Avg. Monthly Rpt Only Max. Daily N/A mgd Continuous measured 00310 (ML-B) RF-B Reported BOD, 5-Day 20 Deg.C 2.5 5 Lbs/Day N/A Year Round Permit Limits Avg. Monthly Max. Daily 30 Avg. Monthly 60 Max. Daily N/A mg/l 1/quarter 8 hr comp 00530 (ML-A) RF-B Reported Total Suspended Solids 2.5 5 Lbs/Day N/A Year Round Permit Limits Avg. Monthly Max. Daily 30 Avg. Monthly 60 Max. Daily N/A mg/l 1/quarter 8 hr comp 74055 (ML-A) RF-B Reported Coliform, Fecal Year Round N/A N/A Permit Limits N/A 200 400 N/A Cnts/100ml 1/quarter Grab Mon. Geo. Mean Max. Daily 00400 (ML-A) RF-B Reported pH Year Round N/A N/A Permit Limits 6 Inst. Min. N/A 9 Inst. Max. N/A S.U. 1/quarter Grab 00300 (ML-A) RF-B Reported Dissolved Oxygen Year Round N/A N/A Permit Limits 5 N/A N/A Inst. Min. N/A mg/l 1/quarter Grab * CEL = Compliance Evaluation Level Name of Principal Executive Officer Title of Officer I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information including the possibility of a fine and imprisonment for knowing violations. Date Completed Signature of Principal Executive Officer or Authorized Agent WRD 2A-82 STATE OF WEST VIRGINIA NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM DISCHARGE MONITORING REPORT Permit Limits FACILITY NAME: (BAYARD, GORMANIA, & ELK GARDEN) MOUNTAIN TOP PSD LOCATION OF FACILITY: MOUNT STORM; Grant County PERMIT NO.: WV0101524 002 WASTELOAD FOR THE MONTH OF: Quantity Parameter Units N.E. 00625 (ML-A) RF-B Reported Nitrogen, Kjeldahl Total 1.5 3 Lbs/Day N/A Year Round Permit Limits Avg. Monthly Max. Daily CERTIFIED LABORATORY NAME: CERTIFIED LABORATORY ADDRESS: INDIVIDUAL PERFORMING ANALYSIS: Other Units CEL* Measurement Units N.E. Frequency Sample Type 18 Avg. Monthly 36 Max. Daily N/A mg/l 1/quarter 8 hr comp 00600 (ML-A) RF-B Reported Nitrogen, Total (as N) N/A N/A Year Round Permit Limits N/A Rpt Only Rpt Only N/A mg/l 1/quarter 8 hr comp Avg. Monthly Max. Daily 00665 (ML-A) RF-B Reported Phosphorus, Total Year Round N/A N/A Permit Limits N/A Rpt Only Rpt Only N/A mg/l 1/quarter 8 hr comp Avg. Monthly Max. Daily 50060 (ML-A) RF-B Reported Chlorine, Total Residual N/A N/A Year Round Permit Limits N/A 0 0 0.1 mg/l 1/quarter Grab Avg. Monthly Max. Daily * CEL = Compliance Evaluation Level Name of Principal Executive Officer Title of Officer I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information including the possibility of a fine and imprisonment for knowing violations. Date Completed Signature of Principal Executive Officer or Authorized Agent WRD 2A-82 STATE OF WEST VIRGINIA NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM DISCHARGE MONITORING REPORT Permit Limits FACILITY NAME: (BAYARD, GORMANIA, & ELK GARDEN) MOUNTAIN TOP PSD LOCATION OF FACILITY: MOUNT STORM; Grant County PERMIT NO.: WV0101524 003 WASTELOAD FOR THE MONTH OF: Quantity Parameter Units N.E. 50050 (ML-1) RF-A Reported Flow,in Conduit or thru plant N/A N/A N/A Year Round Permit Limits CERTIFIED LABORATORY NAME: CERTIFIED LABORATORY ADDRESS: INDIVIDUAL PERFORMING ANALYSIS: Other Units CEL* Measurement Units N.E. Frequency Sample Type Rpt Only Avg. Monthly Rpt Only Max. Daily N/A mgd Continuous measured 00310 (ML-B) RF-A Reported BOD, 5-Day 20 Deg.C 12.5 25 Lbs/Day N/A Year Round Permit Limits Avg. Monthly Max. Daily 30 Avg. Monthly 60 Max. Daily N/A mg/l 1/month 8 hr comp 00530 (ML-A) RF-A Reported Total Suspended Solids 12.5 25 Lbs/Day N/A Year Round Permit Limits Avg. Monthly Max. Daily 30 Avg. Monthly 60 Max. Daily N/A mg/l 1/month 8 hr comp 81010 (ML-K) RF-D Reported BOD, % Removal Year Round N/A N/A Permit Limits 85 N/A N/A Month. Avg. Min. N/A Percent 1/year Calculated 81011 (ML-K) RF-D Reported Suspended Solids, % Removal N/A N/A Year Round Permit Limits 85 N/A N/A Month. Avg. Min. N/A Percent 1/year Calculated 74055 (ML-A) RF-A Reported Coliform, Fecal Year Round N/A N/A Permit Limits N/A 200 400 N/A Cnts/100ml 1/month Grab Mon. Geo. Mean Max. Daily * CEL = Compliance Evaluation Level Name of Principal Executive Officer Title of Officer I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information including the possibility of a fine and imprisonment for knowing violations. Date Completed Signature of Principal Executive Officer or Authorized Agent WRD 2A-82 STATE OF WEST VIRGINIA NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM DISCHARGE MONITORING REPORT Permit Limits FACILITY NAME: (BAYARD, GORMANIA, & ELK GARDEN) MOUNTAIN TOP PSD LOCATION OF FACILITY: MOUNT STORM; Grant County PERMIT NO.: WV0101524 003 WASTELOAD FOR THE MONTH OF: Quantity Parameter Units N.E. CERTIFIED LABORATORY NAME: CERTIFIED LABORATORY ADDRESS: INDIVIDUAL PERFORMING ANALYSIS: Other Units CEL* 00400 (ML-A) RF-A Reported pH Year Round N/A N/A Permit Limits 6 Inst. Min. N/A 9 Inst. Max. N/A Units S.U. Measurement N.E. Frequency Sample Type 1/month Grab 00300 (ML-A) RF-A Reported Dissolved Oxygen Year Round N/A N/A Permit Limits 6 N/A N/A Inst. Min. N/A mg/l 1/month Grab 00625 (ML-A) RF-A Reported Nitrogen, Kjeldahl Total 7.5 15 Lbs/Day N/A Year Round Permit Limits Avg. Monthly Max. Daily 18 Avg. Monthly 36 Max. Daily N/A mg/l 1/month 8 hr comp 00600 (ML-1) RF-B Reported Nitrogen, Total (as N) N/A N/A Year Round Permit Limits N/A Rpt Only Rpt Only N/A mg/l 1/quarter 8 hr comp Avg. Monthly Max. Daily 00665 (ML-1) RF-B Reported Phosphorus, Total Year Round N/A N/A Permit Limits N/A Rpt Only Rpt Only N/A mg/l 1/quarter 8 hr comp Avg. Monthly Max. Daily 50060 (ML-A) RF-A Reported Chlorine, Total Residual N/A N/A Year Round Permit Limits N/A 0.009 0.018 0.1 mg/l 1/month Grab Avg. Monthly Max. Daily * CEL = Compliance Evaluation Level Name of Principal Executive Officer Title of Officer I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information including the possibility of a fine and imprisonment for knowing violations. Date Completed Signature of Principal Executive Officer or Authorized Agent WRD 2A-82 STATE OF WEST VIRGINIA NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM DISCHARGE MONITORING REPORT Permit Limits FACILITY NAME: (BAYARD, GORMANIA, & ELK GARDEN) MOUNTAIN TOP PSD LOCATION OF FACILITY: MOUNT STORM; Grant County PERMIT NO.: WV0101524 003 WASTELOAD FOR THE MONTH OF: Quantity Parameter Units N.E. 01119 (ML-A) RF-A Reported Copper, Total Recoverable N/A N/A N/A Year Round Permit Limits CERTIFIED LABORATORY NAME: CERTIFIED LABORATORY ADDRESS: INDIVIDUAL PERFORMING ANALYSIS: Other Units CEL* Measurement Units N.E. Frequency Sample Type Rpt Only Avg. Monthly Rpt Only Max. Daily N/A mg/l 1/month 8 hr comp 01114 (ML-A) RF-D Reported Lead, Total Recoverable N/A N/A Year Round Permit Limits N/A Rpt Only Rpt Only N/A mg/l 1/year 8 hr comp Avg. Monthly Max. Daily 01094 (ML-A) RF-A Reported Zinc, Total Recoverable N/A N/A Year Round Permit Limits N/A Rpt Only Rpt Only N/A mg/l 1/month 8 hr comp Avg. Monthly Max. Daily 00900 (ML-6) RF-C Reported Hardness, Total (as CaCO3) N/A N/A Year Round Permit Limits N/A Rpt Only Rpt Only N/A mg/l 1/6 months Grab Avg. Monthly Max. Daily * CEL = Compliance Evaluation Level Name of Principal Executive Officer Title of Officer I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information including the possibility of a fine and imprisonment for knowing violations. Date Completed Signature of Principal Executive Officer or Authorized Agent EMERGENCY RESPONSE SPILL ALERT SYSTEM WEST VIRGINIA DEPARTMENT OF ENVIRONMENTAL PROTECTION REQUIREMENTS: Title 47, Series 11, Section 2 of the West Virginia Legislative Rules, Environmental Protection, Water Resources - Waste Management, Effective July 1, 1994. RESPONSIBILITY FOR REPORTING: Each and every person who may cause or be responsible for any spill or accidental discharge of pollutants into the waters of the State shall give immediate notification to the Division of Water and Waste Management's Emergency Notification Number, 1-800-642-3074. Such notification shall set forth insofar as possible and as soon thereafter as practical the time and place of such spill or discharge, type or types and quantity or quantities of the material or materials therein, action or actions taken to stop such spill or discharge and to minimize the polluting effect thereof, the measure or measures taken or to be taken in order to prevent a recurrence of any such spill or discharge and such additional information as may be requested by the Division of Water and Waste Management. This also applies to spills to the waters of the State resulting from accidents to common carriers by highway, rail and water. It shall be the responsibility of each industrial establishment or other entity discharging directly to a stream to have available the following information pertaining to those substances that are employed or handled in its operation in sufficiently large amounts as to constitute a hazard in case of an accidental spill or discharge into a public stream: (1) Potential toxicity in water to man, animals and aquatic life; (2) Details on analytical procedures for the quantitative estimation of such substances in water and (3) Suggestions on safeguards or other precautionary measures to nullify the toxic effects of a substance once it has gotten into a stream. Failure to furnish such information as required by Section 14, Article 11, Chapter 22, Code of West Virginia may be punishable under Section 24, Article 11, Chapter 22, and/or Section 22, Article 11, Chapter 22, Code of West Virginia. It shall be the responsibility of any person who causes or contributes in any way to the spill or accidental discharge of any pollutant or pollutants into State waters to immediately take any and all measures necessary to contain such spill or discharge. It shall further be the responsibility of such person to take any and all measures necessary to clean-up, remove and otherwise render such spill or discharge harmless to the waters of the State. When the Director determines it necessary for the effective containment and abatement of spills and accidental discharges, the Director may require the person or persons responsible for such spill or discharge to monitor affected waters in a manner prescribed by the Director until the possibility of any adverse effect on the waters of the State no longer exists. VOLUNTARY REPORTING BY LAW OFFICERS, U. S. COAST GUARD, LOCK MASTERS AND OTHERS: In cases involving river and highway accidents where the responsible party may or may not be available to report the incident, law officers, U. S. Coast Guard, Lock Masters and other interested person(s) should make the report. WHO TO CONTACT: Notify the following number: 1-800-642-3074 INFORMATION NEEDED: - Source of spill or discharge - Location of incident - Time of incident - Material spilled or discharged - Amount spilled or discharged - Toxicity of material spilled or discharged - Personnel at the scene - Actions initiated - Shipper/Manufacturer identification - Railcar/Truck identification number - Container type WV/NPDES Permit No.: WV0101524 NOTICE TO PERMITTEES The 1999 regular session of the West Virginia legislature revised the Water Pollution Control Act, Chapter 22, Article 11, Section 10 of the Code of West Virginia relating to fees associated with permits. This section of the Code requires all holders of a State water pollution control permit or a national pollutant discharge elimination system permit to be assessed an annual permit fee, based upon rules promulgated by the Secretary of the Department of Environmental Protection. The Secretary has promulgated a final rule in accordance with the code revision to this effect and these rules were effective May 4, 2000. The rules establish an annual permit fee based upon the relative potential to degrade the waters of the State which, in most instances, relate to volume of discharge. However, for sewage facilities, the annual permit fee is based upon the number of customers served by the facility. You may contact the Secretary of State's Office, State Capitol Building, Charleston, WV 25305, to obtain a copy of the rules. The reference is Title 47, Legislative Rules, Department of Environmental Protection, Division of Water Resources, Series 26 Water Pollution Control Permit Fee Schedules. Based upon the volume of discharge for which your facility is currently permitted, the number of customers served by your facility or for the category you fall within, pursuant to Section 7 of Title 47, Series 26, your annual permit fee is $100.00. This fee is due no later than the anniversary date of permit issuance in each year of the term of the permit or in the case of coverage under a general permit, the fee is due no later than the anniversary date of your coverage under the general permit. You will be invoiced by this agency at the appropriate time for the fee. Failure to submit the annual fee within ninety(90) days of the due date will render your permit void upon the date you are mailed a certified written notice to that effect. RIGHT OF APPEAL Notice is hereby given of your right to appeal the terms and conditions of this permit which you are aggrieved by to the Environmental Quality Board by filing a NOTICE OF APPEAL on the form prescribed by such Board for this purpose, with the Board, in accordance with the provisions of Section 21, Article 11, Chapter 22 of the Code of West Virginia within thirty (30) days after the date of receipt of the above permit.