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HomeMy WebLinkAboutDWQ-2025-005051STATE OF UTAHDIVISION OF WATER QUALITYDEPARTMENT OF ENVIRONMENTAL QUALITYSALT LAKE CITY, UTAHUTAH POLLUTANT DISCHARGE ELIMINATION SYSTEM (UPDES) PERMITSMinorIndustrial Permit No. UT0026018In compliance with provisions of the Utah Water Quality Act, Title 19, Chapter 5, Utah Code (the "Act"),EMERY COUNTY COAL RESOURCES, INC.is hereby authorized to discharge from LILA CANYON MINEto receiving waters named LILA CANYON WASH AND GRASSY WASH, in accordance with specific limitations, outfalls, and other conditions set forth herein.This permit shall become effective on December 1, 2025.This permit expires at midnight on November 30, 2030.Signed this XXth day of Month, 2025._________________________John K. Mackey, P.E. Director DWQ-2025-00Table of ContentsOutline Page NumberI. DISCHARGE LIMITATIONS AND REPORTING REQUIREMENTS4A. Description of Discharge Points4B. Narrative Standard4C. Specific Limitations and Self-Monitoring Requirements4D. Reporting of Monitoring Results8II. PRETREATMENT REQUIREMENTS10III. BIOSOLIDS REQUIREMENTS13IV. STORM WATER REQUIREMENTS14V. MONITORING, RECORDING & GENERAL REPORTING REQUIREMENTS15A. Representative Sampling15B. Monitoring Procedures15C. Penalties for Tampering15D. Compliance Schedules15E. Additional Monitoring by the Permittee15F. Records Contents15G. Retention of Records15H. Twenty-four Hour Notice of Noncompliance Reporting15I. Other Noncompliance Reporting16J. Inspection and Entry16VI. COMPLIANCE RESPONSIBILITIES18A. Duty to Comply18B. Penalties for Violations of Permit Conditions18C. Need to Halt or Reduce Activity not a Defense18D. Duty to Mitigate18E. Proper Operation and Maintenance18F. Removed Substances18G. Bypass of Treatment Facilities18H. Upset Conditions19I. Toxic Pollutants19J. Changes in Discharge of Toxic Substances19VII. GENERAL REQUIREMENTS22A. Planned Changes22B. Anticipated Noncompliance22C. Permit Actions22D. Duty to Reapply22E. Duty to Provide Information22F. Other Information22G. Signatory Requirements22H. Penalties for Falsification of Reports24I. Availability of Reports24J. Oil and Hazardous Substance Liability24K. Property Rights24L. Severability24M. Transfers24N. State or Federal Laws24O. Water Quality - Reopener Provision25P. Biosolids – Reopener Provision25Q. Toxicity Limitation - Reopener Provision25VIII. DEFINITIONS26 DISCHARGE LIMITATIONS AND REPORTING REQUIREMENTS Description of Discharge Points. The authorization to discharge wastewater provided under this part is limited to those outfalls specifically designated below as discharge locations. Discharges at any location not authorized under a UPDES permit are violations of the Act and may be subject to penalties under the Act. Knowingly discharging from an unauthorized location or failing to report an unauthorized discharge may be subject to criminal penalties as provided under the Act.Outfall NumbersLocation of Discharge Outfalls001Located at latitude 3925' 26" north and longitude 110 20' 55" west. Discharge is from a sanitary wastewater package plant to an unnamed ditch to Lila Canyon Wash.002Located at latitude 39° 25' 27" north and longitude 110° 20' 28" west. Mine water discharge southeast of sedimentation pond to Grassy Wash. 003 Located at latitude 39° 25' 37" north and longitude 110° 21' 1" west. Sedimentation pond discharge to Grassy Wash. Narrative Standard. It shall be unlawful, and a violation of this permit, for the Permittee to discharge or place any waste or other substance in such a way as will be or may become offensive such as unnatural deposits, floating debris, oil, scum, or other nuisances such as color, odor or taste, or cause conditions which produce undesirable aquatic life or which produce objectionable tastes in edible aquatic organisms; or result in concentrations or combinations of substances which produce undesirable physiological responses in desirable resident fish, or other desirable aquatic life, or undesirable human health effects, as determined by a bioassay or other tests performed in accordance with standard procedures. Specific Limitations and Self-Monitoring Requirements. Effective immediately and lasting through the life of this permit, there shall be no acute or chronic toxicity in Outfalls as defined in Part VIII, and determined by test procedures described in this permit as applicable. Effective immediately and lasting the duration of this permit, the Permittee is authorized to discharge from Outfalls 001, 002 and 003. Such discharges shall be limited and monitored by the Permittee as specified below:OUTFALL 001 Parameter, Units Effluent Limitations *a Maximum Monthly Avg Minimum Monthly Avg Maximum Weekly Avg Daily Minimum Daily Maximum Total flow, MGD, *b 0.004375 -- -- -- 0.00875 Biological Oxygen Demand (BOD5), mg/L BOD5 Min. % Removal, *c 25 85 -- -- 35 -- -- -- -- -- Total Suspended Solids (TSS), mg/L TSS Min. % Removal *c 25 85 -- -- 35 -- -- -- -- -- E. Coli, No./100mL 126 -- 158 -- -- Ammonia (NH3-N), mg/L: Summer (July – Sept.) Fall (Oct. – Dec.) Winter (Jan. – March) Spring (April – June) 4.1 5.1 5.8 5.1 -- -- -- -- -- -- -- -- -- -- -- -- 8.4 8.4 8.4 8.4 Total Dissolved Solids (TDS), mg/L, *d Report -- -- -- 1500 TDS, tons/day, *d Report -- -- -- -- Oil & Grease, mg/L, *e -- -- -- -- 10 Dissolved Oxygen, mg/L -- 5.0 -- 3.0 -- pH, Standard Units (SU) -- -- -- 6.5 9MGD - million gallons per day;mg/L - milligrams per literOUTFALL 001 Self-Monitoring and Reporting Requirements *a Parameter Frequency Sample Type Units Total Flow, *b Continuous Recorder/Measured MGD BOD5, Influent, *c Effluent Monthly Monthly Composite/Grab Composite/Grab mg/L mg/L TSS, Influent, *c Effluent Monthly Monthly Composite/Grab Composite/Grab mg/L mg/L E. Coli Monthly Grab No./100mL pH Monthly Grab SU TDS, *d Monthly Grab mg/L & tons/day Dissolved Oxygen Monthly Grab mg/L Ammonia (NH3-N) Monthly Composite/Grab mg/L Oil and Grease, *e Monthly Visual/Grab mg/LOUTFALLS 002 & 003 (Unless stated otherwise) Parameter, Units Effluent Limitations *a Maximum Monthly Average Minimum Monthly Average Daily Minimum Daily Maximum Effluent Flow Limit, MGD *b 3.0 -- -- Report Total Iron, mg/L -- -- -- 1.0 TSS, mg/L -- -- -- 70 TDS, mg/L, *d Report -- -- 3000 TDS, tons/day, *d Report -- -- -- Dissolved Oxygen, mg/L -- 5.0 3.0 -- pH, SU -- -- 6.5 9.0 Oil & Grease, mg/L, *e -- -- -- 10 Turbidity, NTU, *f -- -- -- Report Temperature, ℃ -- -- Report Report Total Recoverable Metals, mg/L (002 only), *g -- -- -- ReportOUTFALLS 002 & 003 (Unless stated otherwise) Self-Monitoring and Reporting Requirements *a Parameter Frequency Sample Type Units Total Flow, *b Continuous/Monthly Recorder/Measured MGD Total Iron Monthly Grab mg/L TSS Monthly Grab mg/L TDS, *d Monthly Grab mg/L & tons/day pH Twice Monthly Grab SU Oil & Grease, *e Monthly Monthly Grab Visual mg/L, Yes/No Turbidity, *f Twice Monthly Grab NTU Temperature Twice Monthly Grab ℃ Dissolved Oxygen Twice Monthly Grab mg/L Total Recoverable Metals (Outfall 002 only), *g Quarterly Grab mg/LThere shall be no visible sheen or floating solids or visible foam in other than trace amounts upon any Outfall discharges and there shall be no discharge of any sanitary wastes at any time. *aSee Permit Definitions, Part VIIfor definition of terms.*bIf the rate of discharge is controlled, such as from intermittent discharging outfalls, the rate and duration of discharge shall be reported. Flow measurements of effluent volumes from all outfalls shall be made in such a manner that the permittee can affirmatively demonstrate that representative values are being obtained. Outfall 001 has a monthly maximum average design flow limit of 0.004375 and shall be continuously measured during discharge events. Outfall 002 has a monthly maximum average flow limitation of 3.0 MGD and shall be continuously measured during discharge events. Outfall 003 discharges shall be reported as monthly average and daily maximum flows as measured and/or recorded. *cIn addition to monitoring the final discharge, influent samples shall be taken and analyzed for this constituent at the same frequency as required for this constituent in the discharge.*d No tons per day loading limit will be applied if the concentration of TDS from each outfall is equal to or less than 500 mg/L as a thirty-day average. However, if the 30-day average concentration exceeds 500 mg/L, then the permittee cannot discharge more than 1 ton per day as a sum from all discharge points. Upon previous determinations by the Director, if the permittee is not able to meet the 500 mg/L 30-day average or the 1 ton per day loading limit, then the permittee is required to continue to participate in and/or fund a salinity offset project to include the TDS offset credits as appropriate. The salinity-offset project shall include TDS credits on a ton-for-ton basis for which the permittee is over the 1 ton per day loading limit. The tonnage reduction from the offset project must be calculated by a method similar to one used by the NRCS, Colorado River Basin Salinity Control Forum, and/or other applicable agency. A monitoring and adjustment report to track the TDS credits shall continue to be submitted to the Director for each monthly monitoring period for which any discharge occurs during the life of this permit. Any changes to the monitoring and adjustment plan must be approved by the Director and upon approval shall be appended to this permit. *eOil & grease monitoring for Outfall 001 shall initially be a visual inspection performed at least once per month. If any oil and /or grease sheens are observed visually, then a sample of the effluent must be taken and this sample shall not exceed 10 mg/L. Monthly oil & grease sample analyses shall be conducted at outfalls 002 & 003 when discharging. In addition to monthly sampling for oil and grease, a visual inspection for oil and grease shall be performed at least once per month at outfalls 002 & 003. If any oil and/or grease sheens are observed visually, or there is any other reason to believe that oil and/or grease may be present in the discharge, then a sample of the effluent must be immediately taken and this sample shall not exceed 10 mg/L.*fTurbidity monitoring shall be conducted twice monthly whenever possible upon discharging from Outfalls 002 & 003 to ensure that there is not an increase of more than 10 NTU over the receiving waters, if applicable. *gTotal Recoverable Metals quarterly monitoring using sufficiently sensitive standard test methods, reporting limits and certified laboratories is required for mine water discharges from Outfall 002 only and includes; aluminum, arsenic, cadmium, chromium, copper, iron, lead, mercury, nickel, selenium, silver, and zinc. Samples collected in compliance with the monitoring requirements specified above shall be collected at the permitted Outfalls prior to mixing with the receiving water.Any discharge or increase in the volume of a discharge caused by precipitation within any 24-hour period that is less than or equal to the 10-year, 24-hour precipitation event (or snowmelt of equivalent volume) may, at surface water runoff pond outfalls, substitute the following limitation for the TSS limitation contained in PartI.C.2:Effluent Parameter, UnitsDaily MinimumDaily MaximumSettleable Solids, ml/L--0.5In addition to the monitoring requirements specified under Part I.C.2, all effluent samples collected during storm water discharge events shall also be analyzed for settleable solids. Such analyses shall be conducted on either grab or composite samples. All other effluent limitations shall be achieved concurrently as indicated in Part I.C.2. Any discharge or increase in the volume of a discharge caused by precipitation within any 24-hour period that is greater than the 10-year, 24-hour precipitation event (or snowmelt of equivalent volume) may, at surface water pond outfalls, comply with the following limitation instead of the otherwise applicable limitations contained in PartI.C.2:Effluent Parameter, UnitsDaily MinimumDaily MaximumpH, SU6.59.0In order to substitute either of the above alternate limitations, the sample collected during the storm event must be analyzed for all permitted parameters specified under Part I.C.2. Such analyses shall be conducted on either grab or composite samples. The Permittee shall have the burden of proof that the increase in discharge was caused by the applicable precipitation event described in Part I.C.4. The alternate limitations in Part I.C.4 shall only apply todischarges composed of surface water or mine water commingled with surface water. Reporting of Monitoring Results. Reporting of Wastewater Monitoring ResultsMonitoring results obtained during the previous month shall be summarized for each month and reported on a Discharge Monitoring Report (DMR) Form (EPA No. 3320-1)or by NetDMR, post-marked or entered into NetDMR no later than the 28th day of the month following the completed reporting period. If no discharge occurs during the reporting period, “no discharge” shall be reported. Legible copies of these, and all other reports including whole effluent toxicity (WET) test reports required herein, shall be signed and certified in accordance with the requirements of Signatory Requirements (see Part VII.G), and submitted by NetDMR, or to DWQ at the following address:Department of Environmental QualityDivision of Water QualityPO Box 144870Salt Lake City, Utah 84114-4870 PRETREATMENT REQUIREMENTSTHIS SECTION IS ONLY APPLICABLE IF THE PERMITTEE DISCHARGES TO A POTWDefinitions. For Part II of this permit, the following definitions shall apply:Indirect Discharge means the introduction of pollutants into a Publicly Owned Treatment Works (POTW) from any non-domestic source regulated under section 307 (b), (c) or (d) of the CWA. Interference means a discharge which, alone or in conjunction with a discharge or discharges from other sources, both:Inhibits or disrupts the POTW, its treatment processes or operations, or its sludge processes, use or disposal; andTherefore is a cause of a violation of any requirement of the POTW's UPDES permit (including an increase in the magnitude or duration of a violation) or of the prevention of sewage sludge use or disposal in compliance with the following statutory provisions and regulations or permits issued thereunder (or more stringent State or local regulations): Section 405 of the CWA, the Solid Waste Disposal Act (SWDA) (including title II, more commonly referred to as the Resource Conservation and Recovery Act (RCRA), and including State regulations contained in any State sludge management plan prepared pursuant to subtitle D of the SWDA), the Clean Air Act, the Toxic Substances Control Act, and the Marine Protection, Research and Sanctuaries Act.Pass Through means a Discharge which exits the POTW into waters of the State or waters of the United States in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the POTW's UPDES permit (including an increase in the magnitude or duration of a violation).Publicly Owned Treatment Works or POTW means a treatment works, as defined by section 212 of the CWA, which is owned by a State or municipality (as defined by section 502(4) of the CWA). This definition includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage or industrial wastes of a liquid nature. It also includes sewers, pipes and other conveyances only if they convey wastewater to a POTW Treatment Plant. The term also means the municipality, as defined in section 502(4) of the CWA, which has jurisdiction over the Indirect Discharges to and the discharges from such a treatment works.Significant Industrial User (SIU) means:Except as provided in Parts II.A. (5)(b) and (5)(c) of this definition, the term Significant Industrial User means: All Industrial Users subject to Categorical Pretreatment Standards under 40 C.F.R. § 403.6 and 40 C.F.R. § chapter I, subchapter N; and Any other Industrial User that: discharges an average of 25,000 gallons per day or more of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewater); contributes a process wastestream which makes up 5 percent or more of the average dry weather hydraulic or organic capacity of the POTW Treatment plant; or is designated as such by the Control Authority on the basis that the Industrial User has a reasonable potential for adversely affecting the POTW's operation or for violating any Pretreatment Standard or requirement (in accordance with 40 C.F.R. § 403.8(f)(6)). The Control Authority may determine that an Industrial User subject to categorical Pretreatment Standards under § 403.6 and 40 C.F.R. § chapter I, subchapter N is a Non-Significant Categorical Industrial User rather than a Significant Industrial User on a finding that the Industrial User does not discharge more than 100 gallons per day (gpd) of total categorical wastewater (excluding sanitary, non-contact cooling and boiler blowdown wastewater, unless specifically included in the Pretreatment Standard) and the following conditions are met: The Industrial User, prior to the Control Authority's finding, has consistently complied with all applicable categorical Pretreatment Standards and Requirements; The Industrial User annually submits the certification statement required in § 403.12(q) together with any additional information necessary to support the certification statement; and The Industrial User never discharges any untreated concentrated wastewater. Upon a finding that an Industrial User meeting the criteria in Part II.A. (5)(a)(2) of this definition has no reasonable potential for adversely affecting the POTW's operation or for violating any Pretreatment Standards or requirement, the Control Authority may at any time, on its own initiative or in response to a petition received from an Industrial User or POTW, and in accordance with 40 C.F.R. § 403.8(f)(6), determine that such Industrial User is not a Significant Industrial User. User or Industrial User (IU) means a source of Indirect Discharge.Discharge to POTW. Any wastewaters discharged to the sanitary sewer, either as a direct discharge or as a hauled waste, are subject to Federal, State and local pretreatment regulations. Pursuant to section 307 of the CWA, the Permittee shall comply with all applicable federal General Pretreatment Regulations promulgated at 40 C.F.R. § 403, the State Pretreatment Requirements at UAC R317-8-8, and any specific local discharge limitations developed by the Publicly Owned Treatment Works (POTW) accepting the wastewaters. At a minimum, the discharge into a POTW shall meet the requirements of Part II. D. and E. of the permit.Hazardous Waste Notification. The Permittee shall notify the POTW, the EPA Regional Waste Management Director, the Director and the State hazardous waste authorities in writing if they discharge any substance into a POTW that, if otherwise disposed of, would be considered a hazardous waste under 40 C.F.R. § 261. This notification shall include the name of the hazardous waste, the EPA hazardous waste number, and the type of discharge (continuous or batch).General and Specific Prohibitions. General Prohibitions. The Permittee shall not introduce into a POTW any pollutant(s) which cause Pass Through or Interference. These general prohibitions and the specific prohibitions in Part II.D. 2. apply to the introducing pollutants into a POTW whether or not the Permittee is subject to other National Pretreatment Standards or any national, State, or local Pretreatment Requirements.Specific Prohibitions. The following pollutants shall not be introduced into a POTW:Pollutants which create a fire or explosion hazard in the POTW, including, but not limited to, wastestreams with a closed cup flashpoint of less than 140˚F (60˚C);Pollutants, which will cause corrosive structural damage to the POTW, but in no case, discharges with a pH lower than 5.0;Solid or viscous pollutants in amounts which will cause obstruction to the flow in the POTW resulting in Interference;Any pollutant, including oxygen demanding pollutants (BOD, etc.), released in a discharge at such volume or strength as to cause Interference in the POTW;Heat in amounts, which will inhibit biological activity in the POTW, resulting in Interference, but in no case, heat in such quantities that the influent to the sewage treatment works exceeds 104˚F (40˚C); Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin in amounts that will cause Interference or Pass Through;Pollutants, which result in the presence of toxic gases, vapor, or fumes within the POTW in a quantity that may cause worker health or safety problems;Any trucked or hauled pollutants, except at discharge points designated by the POTW; orAny pollutant that causes Pass Through or Interference at the POTW.Any specific pollutant which exceeds any Local Limitation established by the POTW.Categorical Standards. In addition to the general and specific limitations expressed in Part II. D. of this section, applicable National Categorical Pretreatment Standards shall be met by all Industrial Users discharging into a POTW. These standards are published in the federal regulations at 40 C.F.R. § 405 through 471. BIOSOLIDS REQUIREMENTS The State of Utah has adopted the 40 C.F.R. § Part 503 federal regulations for the disposal of sewage sludge (biosolids) by reference. The sanitary treatment system at the Lila Canyon Mine facility is a small package plant, knownas an Orenco system. Sewage will be sent from the bath house to a septic tank (approx. 18,000 gallons capacity)where most of the solids will be retained and the liquid pumped to the Orenco System. Solids will haveto be disposed of as required by the 503 requirements. The Lila Canyon Mine plans to have the septictank pumped out when needed and the solids disposed of as septage at a local treatment plant for proper disposal. In the future, if the solids waste needs to be removed from the facility and disposed in some other way, DWQ must be contacted prior to the removal of the solids waste to ensure that all applicable state and federal regulations are met. STORM WATER REQUIREMENTS. Industrial Storm Water Permit. Based on the type of industrial activities occurring at the facility, the permittee is required to maintain separate coverage or an appropriate exclusion under the Multi-Sector General Permit (MSGP) for Storm Water Discharges Associated with Industrial Activities (UTR000000). If the facility is not already covered, the permittee has 30 days from when this permit is issued to submit the appropriate Notice of Intent (NOI) for the MSGP or exclusion documentation. Construction Storm Water Permit.  Unless part of active mining activities, any construction at the facility that disturbs an acre or more of land, including less than an acre if it is part of a common plan of development or sale, is required to obtain coverage under the UPDES Construction General Storm Water Permit (UTRC00000). Permit coverage must be obtained prior to land disturbance. If the site qualifies, a Low Erosivity Waiver (LEW) Certification may be submitted instead of permit coverage. MONITORING, RECORDING & GENERAL REPORTING REQUIREMENTS Representative Sampling. Samples taken in compliance with the monitoring requirements established under Part I shall be collected from the effluent stream prior to discharge into the receiving waters. Samples and measurements shall be representative of the volume and nature of the monitored discharge. Samples of biosolids shall be collected at a location representative of the quality of biosolids immediately prior to the use-disposal practice. Monitoring Procedures.Monitoring shall be conducted according to test procedures approved under Utah Administrative Code ("UAC'') R317-2-10, UAC R317-8-4.1(10)(d), and/or 40 C.F.R. § 503 utilizing sufficiently sensitive test methods unless other test procedures have been specified in this permit. Monitoring shall be conducted according to the test procedures specified in this permit unless another method is required under 40 C.F.R. § subchapters N or O. Sufficiently sensitive test method means: (1) The method minimum level (ML) is at or below the level of the effluent limit established in the permit for the measured pollutant or pollutant parameter; or (2) The method has the lowest ML of the analytical methods approved under 40 C.F.R. § part 136 or required under 40 C.F.R. § chapter I, subchapter N or O for the measured pollutant or pollutant parameter as per 40 C.F.R. § 122.44(i)(1)(iv)(A). Penalties for Tampering. The Act provides that 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 two years, or by both. Compliance Schedules. Reports of compliance or noncompliance with, or any progress reports on, interim and final requirements contained in any Compliance Schedule of this permit shall be submitted no later than 14 days following each schedule date. Additional Monitoring by the Permittee. If the permittee monitors any parameter more frequently than required by this permit, using test procedures approved under Permit Part V.B., the results of this monitoring shall be included in the calculation and reporting of the data submitted in the DMR or the Biosolids Report Form. Records Contents. Records of monitoring information shall include: The date, exact place, and time of sampling or measurements: The individual(s) who performed the sampling or measurements; The date(s) and time(s) analyses were performed; The individual(s) who performed the analyses; The analytical techniques or methods used; and, The results of such analyses. Retention of Records. The permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by this permit, and records of all data used to complete the application for this permit, for a period of at least five years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time. A copy of this UPDES permit shall be maintained on site during the duration of activity at the permitted location Twenty-four Hour Notice of Noncompliance Reporting. The permittee shall (orally) report any noncompliance including transportation accidents, spills, and uncontrolled runoff from biosolids transfer or land application sites which may seriously endanger health or environment, as soon as possible, but no later than twenty-four (24) hours from the time the permittee first became aware of circumstances. The report shall be made to the DWQ via the 24-hour answering service (801) 536-4123. The following occurrences of noncompliance shall initially be reported by telephone to the DWQ via the 24-hour answering service as soon as possible but no later than 24 hours from the time the permittee becomes aware of the circumstances: Any noncompliance which may endanger health or the environment; Any unanticipated bypass, which exceeds any effluent limitation in the permit (See Part VI.G, Bypass of Treatment Facilities.); Any upset which exceeds any effluent limitation in the permit (See Part VI.H, Upset Conditions.); Violation of a daily discharge limitation for any of the pollutants listed in the permit. For other permit violations which will not endanger health or the environment, DWQ may otherwise be notified during business hours (801) 536-4300; or, Violation of any of the Table 3 metals limits, the pathogen limits, the vector attraction reduction limits or the management practices for biosolids that have been sold or given away. A written submission shall also be provided within five days of the time that 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; The estimated time noncompliance is expected to continue if it has not been corrected; Steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance; and, Steps taken, if any, to mitigate the adverse impacts on the environment and human health during the noncompliance period. The Director may waive the written report on a case-by-case basis if the oral report has been received within 24 hours by the Division of Water Quality, (801) 536-4300. Reports shall be submitted to the addresses in Part I.D, Reporting of Monitoring Results. Other Noncompliance Reporting. Instances of noncompliance not required to be reported within 24 hours shall be reported at the time that monitoring reports for Part I.D are submitted. The reports shall contain the information listed in Part V.H.3 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: Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of the permit; Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit, including but not limited to, biosolids treatment, collection, storage facilities or area, transport vehicles and containers, and land application sites; Sample or monitor at reasonable times, for the purpose of assuring permit compliance or as otherwise authorized by the Act, any substances or parameters at any location, including, but not limited to, digested biosolids before dewatering, dewatered biosolids, biosolids transfer or staging areas, any ground or surface waters at the land application sites or biosolids, soils, or vegetation on the land application sites; and, The permittee shall make the necessary arrangements with the landowner or leaseholder to obtain permission or clearance, the Director, or authorized representative, upon the presentation of credentials and other documents as may be required by law, will be permitted to enter without delay for the purposes of performing their responsibilities. COMPLIANCE RESPONSIBILITIES Duty to Comply. The Permittee shall comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or for denial of a permit renewal application. 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. Penalties for Violations of Permit Conditions. The Act provides that any person who violates a permit condition implementing provisions of the Act is subject to a civil penalty not to exceed $25,000 per day for eachviolation. Except as provided at Part VI.G, Bypass of Treatment Facilities and Part VI.H, Upset Conditions, nothing in this permit shall be construed to relieve the permittee of the civil or criminal penalties for noncompliance. 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 this permit. 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. The permittee shall also take all reasonable steps to minimize or prevent any land application in violation of this permit. 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 quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems, which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of the permit. Removed Substances. Collected screening, grit, solids, sludge, or other pollutants removed in the course of treatment shall be disposed of in such a manner so as to prevent any pollutant from entering any waters of the state or creating a health hazard. Sludge/digester supernatant and filter backwash shall not directly enter either the final effluent or waters of the state by any other direct route. Bypass of Treatment Facilities. 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 Parts II.G. 2and 3 of this permit. Prohibition of Bypass. Bypass is prohibited, and the Director may take enforcement action against a permittee for bypass, unless: Bypass was unavoidable to prevent loss of human life, personal injury, or severe property damage; There were no feasible alternatives to 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 preventive maintenance, and The Permittee submitted notices as required under Part VI.G.3. 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 Parts VI.G.2.a (1), (2) and (3). Notice. Anticipated bypass. Except as provided in Part VI.G.2 and in Part VI.G.3.b, if the permittee knows in advance of the need for a bypass, it shall submit prior notice, at least ninety days before the date of bypass. The prior notice shall include the following unless otherwise waived by the Director: Evaluation of alternative to bypass, including cost-benefit analysis containing an assessment of anticipated resource damages: A specific bypass plan describing the work to be performed including scheduled dates and times. The permittee must notify the Director in advance of any changes to the bypass schedule; Description of specific measures to be taken to minimize environmental and public health impacts; A notification plan sufficient to alert all downstream users, the public and others reasonably expected to be impacted by the bypass; A water quality assessment plan to include sufficient monitoring of the receiving water before, during and following the bypass to enable evaluation of public health risks and environmental impacts; and, Any additional information requested by the Director. Emergency Bypass. Where ninety days advance notice is not possible, the permittee must notify the Director, and the Director of the Department of Natural Resources, as soon as it becomes aware of the need to bypass and provide to the Director the information in Part VI.G.3.a.(1) through (6) to the extent practicable. Unanticipated bypass. The permittee shall submit notice of an unanticipated bypass to the Director as required under Part IV.H, Twenty-Four Hour Reporting. The permittee shall also immediately notify the Director of the Department of Natural Resources, the public and downstream users and shall implement measures to minimize impacts to public health and environment to the extent practicable. Upset Conditions. Effect of an upset. An upset constitutes an affirmative defense to an action brought for noncompliance with technology-based permit effluent limitations if the requirements of Part VI.H. 2 of this permit are met. Director's administrative determination regarding a claim of upset shall not be judiciously challenged by the permittee until such time as an action is initiated for noncompliance. 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: An upset occurred and that the permittee can identify the cause(s) of the upset; The permitted facility was at the time being properly operated; The permittee submitted notice of the upset as required under Part V.H, Twenty-four Hour Notice of Noncompliance Reporting; and, The permittee complied with any remedial measures required under Part VI.D, Duty to Mitigate. Burden of proof. In any enforcement proceeding, the permittee seeking to establish the occurrence of an upset has the burden of proof. Toxic Pollutants. The permittee shall comply with effluent standards or prohibitions established under section 307(a) of the CWA for toxic pollutants within the time provided in the regulations that establish those standards or prohibitions, even if the permit has not yet been modified to incorporate the requirement. Changes in Discharge of Toxic Substances. Notification shall be provided to the Director as soon as the permittee knows of, or has reason to believe:That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels": One hundred micrograms per liter (100 ug/L); Two hundred micrograms per liter (200 ug/L) for acrolein and acrylonitrile; five hundred micrograms per liter (500 ug/L) for 2,4-dinitrophenol and for 2-methyl-4, 6-dinitrophenol; and one milligram per liter (1 mg/L) for antimony; Five (5) times the maximum concentration value reported for that pollutant in the permit application in accordance with UAC R317-8-3.4(7) or (10); or, The level established by the Director in accordance with UAC R317-8-4.2(6). That any activity has occurred or will occur which would result in any discharge, on a non-routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels": Five hundred micrograms per liter (500 ug/L); One milligram per liter (1 mg/L) for antimony: Ten (10) times the maximum concentration value reported for that pollutant in the permit application in accordance with UACR317-8-3.4(9); or, The level established by the Director in accordance with UACR317-8-4.2(6). GENERAL REQUIREMENTS Planned Changes. The permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility. Notice is required only when: The alteration or addition to a permitted facility may meet one of the criteria for determining whether a facility is a new source in 122.29(b); or 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 Subsection R317-8-4.1(15). The alteration or addition results in a significant change in the permittee's sludge use or disposal practices, and such alteration, addition, or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan.The permittee shall give notice to the Director of any planned changes at least 30 days prior to their implementation. 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. Permit Actions. This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance, does not stay any permit condition. Duty to Reapply. If the permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the permittee shall apply for and obtain a new permit. The application shall be submitted at least 180 days before the expiration date of this permit. Duty to Provide Information. The permittee shall furnish to the Director, within a reasonable time, any information which the Director may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit, or to determine compliance with this permit. The permittee shall also furnish to the Director, upon request, copies of records required to be kept by this permit. Other Information. When 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 any report to the Director, it shall promptly submit such facts or information. Signatory Requirements. All applications, reports or information submitted to the Director shall be signed and certified. All permit applications shall be signed by either a principal executive officer or ranking elected official. A person is a duly authorized representative only if: The authorization is made in writing by a person described in Part VII.G.1.and submitted to the Director, and, The authorization specifies either an individual or a position having responsibility for the overall operation of the regulated facility, such as the position of plant manager, superintendent, position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters. A duly authorized representative may thus be either a named individual or any individual occupying a named position. For a corporation. By a responsible corporate officer. For the purpose of this section, a responsible corporate officer means: A president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who perfoms similar policy- or decision-making functions for the corporation, or the manager of one or more manufacturing, production, or operating facilities, provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. For a partnership or sole proprietorship. By a general partner or the proprietor, respectively; or For a municipality, State, Federal, or other public agency. By either a principal executive officer or ranking elected official. For purposes of this section, a principal executive officer of a Federal agency includes: The chief executive officer of the agency, or a senior executive officer having responsibility for the overall operations of a principal geographic unit of the agency (e.g., Regional Administrators of EPA). All reports required by the permit and other information requested by the Director shall be signed by a person described in Part VII.G.1. or by a duly authorized representative of that person. Changes to authorization. If an authorization under Part VII.G.2 is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of Part VII.G.2.shall be submitted to the Director prior to or together with any reports, information, or applications to be signed by an authorized representative. Certification. Any person signing a document under this section shall make the following certification: "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations." Penalties for Falsification of Reports. The Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction be punished by a fine of not more than $10,000.00 per violation, or by imprisonment for not more than six months per violation, or by both. Availability of Reports. Except for data determined to be confidential under UAC R317-8-3.2, all reports prepared in accordance with the terms of this permit shall be available for public inspection at the office of Director. As required by the Act, permit applications, permits and effluent data shall not be considered confidential. Oil and Hazardous Substance Liability. Nothing in this permit shall be construed to preclude the permittee of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject under the Act. Property Rights. The issuance of this permit does not convey any property rights of any sort, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of federal, state or local laws or regulations. Severability. The provisions of this permit are severable, and if any provisions of this permit, or the application of any provision of this permit to any circumstance, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby. Transfers. This permit may be automatically transferred to a new permittee if: The current permittee notifies the Director at least 20 days in advance of the proposed transfer date; The notice includes a written agreement between the existing and new permittee’s containing a specific date for transfer of permit responsibility, coverage, and liability between them; and, The Director does not notify the existing permittee and the proposed new permittee of his or her intent to modify, or revoke and reissue the permit. If this notice is not received, the transfer is effective on the date specified in the agreement mentioned in Part VII.M.2. State or Federal Laws. Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the Permittee from any responsibilities, liabilities, or penalties established pursuant to any applicable state law or regulation under authority preserved bysections19-5-117 and 510 of the CWA or any applicable Federal or State transportation regulations, such as but not limited to the Department of Transportation regulations. Water Quality - Reopener Provision. This permit may be reopened and modified (following proper administrative procedures) to include the appropriate effluent limitations and compliance schedule, if necessary, if one or more of the following events occurs: Water Quality Standards for the receiving water(s) to which the permittee discharges are modified in such a manner as to require different effluent limits than contained in this permit. A final wasteload allocation is developed and approved by the State and/or EPA for incorporation in this permit. Revisions to the current CWA § 208 areawide treatment management plans or promulgations/revisions to TMDLs (40 C.F.R. § 130.7) approved by the EPA and adopted by DWQ which calls for different effluent limitations than contained in this permit. Biosolids – Reopener Provision. This permit may be reopened and modified (following proper administrative procedures) to include the appropriate biosolids limitations (and compliance schedule, if necessary), management practices, other appropriate requirements to protect public health and the environment, or if there have been substantial changes (or such changes are planned) in biosolids use or disposal practices; applicable management practices or numerical limitations for pollutants in biosolids have been promulgated which are more stringent than the requirements in this permit; and/or it has been determined that the permittees biosolids use or land application practices do not comply with existing applicable state of federal regulations. Toxicity Limitation - Reopener Provision. This permit may be reopened and modified (following proper administrative procedures) to include WET testing, a WET limitation, a compliance schedule, a compliance date, additional or modified numerical limitations, or any other conditions related to the control of toxicants if toxicity is detected during the life of this permit. DEFINITIONSWastewater. The “7-day (and weekly) average,” other than for E. coli bacteria, fecal coliform bacteria, and total coliform bacteria, is the arithmetic average of all samples collected during a consecutive 7-day period or calendar week, whichever is applicable. Geometric means shall be calculated for E. coli bacteria, fecal coliform bacteria, and total coliform bacteria. The 7-day and weekly averages are applicable only to those effluent characteristics for which there are 7-day average effluent limitations. The calendar week, which begins on Sunday and ends on Saturday, shall be used for purposes of reporting self-monitoring data on discharge monitoring report forms. Weekly averages shall be calculated for all calendar weeks with Saturdays in the month. If a calendar week overlaps two months (i.e., the Sunday is in one month and the Saturday in the following month), the weekly average calculated for that calendar week shall be included in the data for the month that contains Saturday. The "30-day (and monthly) average," other than for E. coli bacteria, fecal coliform bacteria and total coliform bacteria, is the arithmetic average of all samples collected during a consecutive 30-day period or calendar month, whichever is applicable. Geometric means shall be calculated for E. coli bacteria, fecal coliform bacteria and total coliform bacteria. The calendar month shall be used for purposes of reporting self-monitoring data on discharge monitoring report forms. “Act” means the Utah Water Quality Act. “Acute toxicity” occurs when 50 percent or more mortality is observed for either test species at any effluent concentration (lethal concentration or “LC50”). "Average annual discharge limit" means maximum allowable average of monthly discharges over a calendar year, calculated as the sum of all monthly discharges measured during a calendar year divided by the number of monthly discharges measured during the year. The timeframe is defined as from January 1st to December 31st “Bypass” means the diversion of waste streams from any portion of a treatment facility. “C.F.R.§,” means Code of Federal Regulations Section(s). “Chronic toxicity” occurs when the IC25> 100% effluent. The 100% effluent is the concentration of the effluent in the receiving water, at the end of the mixing zone expressed as per cent effluent. "IC25" is the concentration of toxicant (given in % effluent) that would cause a 25% reduction in mean young per female, or a 25% reduction in overall growth for the test population. “Composite Samples” shall be flow proportioned. The composite sample shall, as a minimum, contain at least four (4) samples collected over the compositing period. Unless otherwise specified, the time between the collection of the first sample and the last sample shall not be less than six (6) hours nor more than 24 hours. Acceptable methods for preparation of composite samples are as follows: Constant time interval between samples, sample volume proportional to flow rate at time of sampling; Constant time interval between samples, sample volume proportional to total flow (volume) since last sample. For the first sample, the flow rate at the time the sample was collected may be used; Constant sample volume, time interval between samples proportional to flow (i.e., sample taken every “X” gallons of flow); and, Continuous sample volume, with sample collection rate proportional to flow rate. “CWA”means The Federal Water Pollution Control Act, as amended, by The Clean Water Act of 1987. “Daily Maximum” (Daily Max.) is the maximum value allowable in any single sample or instantaneous measurement. “DWQ” means the Division of water Quality. “Director” means Director of the Division of Water Quality. “EPA” means the United States Environmental Protection Agency. A “grab” sample, for monitoring requirements, is defined as a single ‘dip and take’ sample collected at a representative point in the discharge stream. An “instantaneous” measurement, for monitoring requirements, is defined as a single reading, observation, or measurement. “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. “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.