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HomeMy WebLinkAboutDWQ-2024-002973STATE OF UTAHDIVISION OF WATER QUALITYDEPARTMENT OF ENVIRONMENTAL QUALITYSALT LAKE CITY, UTAHUTAH POLLUTANT DISCHARGE ELIMINATION SYSTEM (UPDES) PERMITSMinor Industrial Permit No. UT0026140In compliance with provisions of the Utah Water Quality Act, Title 19, Chapter 5, Utah Code Annotated ("UCA") 1953, as amended (the "Act"),BLX MAYFLOWER, LLCis hereby authorized to discharge from its facility to receiving waters named McHENRY CREEK and/or GLENCOE CANYON CREEK, in accordance with specific limitations, outfalls, and other conditions set forth herein.This modified permit shall become effective on April1, 2024.This modified permit expires at midnight on November 30, 2025.Signed this 27thday of April, 2024._________________________John K. Mackey, P.E.DirectorDWQ-2020-008064Table of ContentsOutline Page NumberI. DISCHARGE LIMITATIONS AND REPORTING REQUIREMENTS4A. Description of Discharge Points4B. Narrative Standard4C. Specific Limitations and Self-Monitoring Requirements4D. Reporting of Monitoring Results9II. STORM WATER REQUIREMENTS10III. MONITORING, RECORDING & GENERAL REPORTING REQUIREMENTS11A. Representative Sampling11B. Monitoring Procedures11C. Penalties for Tampering11D. Compliance Schedules11E. Additional Monitoring by the Permittee11F. Records Contents11G. Retention of Records11H. Twenty-four Hour Notice of Noncompliance Reporting11I. Other Noncompliance Reporting12J. Inspection and Entry12IV. COMPLIANCE RESPONSIBILITIES14A. Duty to Comply14B. Penalties for Violations of Permit Conditions14C. Need to Halt or Reduce Activity not a Defense14D. Duty to Mitigate14E. Proper Operation and Maintenance14F. Removed Substances14G. Bypass of Treatment Facilities14H. Upset Conditions16I. Toxic Pollutants16J. Changes in Discharge of Toxic Substances16K. Industrial Pretreatment17V. GENERAL REQUIREMENTS18A. Planned Changes18B. Anticipated Noncompliance18C. Permit Actions18D. Duty to Reapply18E. Duty to Provide Information18F. Other Information18G. Signatory Requirements18H. Penalties for Falsification of Reports19I. Availability of Reports19J. Oil and Hazardous Substance Liability19K. Property Rights19L. Severability19M. Transfers19N. State or Federal Laws20O. Water Quality - Reopener Provision20P. Biosolids – Reopener Provision20Q. Toxicity Limitation - Reopener Provision20R. Storm Water-Reopener Provision21VI. DEFINITIONS22 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 40 37' 15 " and longitude 111 26' 15". The effluent is from the Mayflower Mine and flows into McHenry Creek. 002Located at latitude 40 36' 49.94" and longitude 111 27' 41.82".The effluent is from the Star of Utah Mine and flows into Glencoe Canyon Creek. 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 001 and 002 as defined in Part VIII, and determined by test procedures described in Part I. C.4.of this permit. Effective immediately and lasting the duration of this permit, the permittee is authorized to discharge from Outfall 001 and 002. Such discharges shall be limited and monitored by the permittee as specified below: Parameter Effluent Limitations Outfall 001 *a Maximum Monthly Avg Maximum Weekly Avg Yearly Average Daily Minimum Daily Maximum Total Flow, MGD 0.7 -- -- -- 1.0 TSS, mg/L 25 35 -- -- -- Dissolved Oxygen, mg/L *h -- -- -- 5.0 -- pH, Standard Units -- -- -- 6.5 9 WET, Chronic Biomonitoring -- -- -- -- IC25 > 78% effluent (from WLA) Iron, mg/L *g -- -- -- -- 1.194 Zinc, mg/L -- -- -- -- 0.411 Self-Monitoring and Reporting Requirements Outfall 001 *a Parameter Frequency Sample Type Units Total Flow *b, *c Monthly Measure MGD TSS Monthly Composite mg/L DO Monthly Grab mg/L pH Monthly Grab SU WET – Biomonitoring *d Ceriodaphnia - Chronic Fathead Minnows - Chronic 4 x Yearly 2nd & 4th Quarter 1st & 3rd Quarter Composite Composite Pass/Fail Pass/Fail Iron *g Monthly Composite mg/L Zinc Monthly Composite mg/L Metals, Effluent *e Quarterly Composite mg/L Self-Monitoring and Reporting Requirements Outfall 002 *a Parameter Frequency Sample Type Units Total Flow *b, *c Quarterly Measure MGD TSS Quarterly Grab mg/L DO Quarterly Grab mg/L pH Quarterly Grab SU WET – Biomonitoring Ceriodaphnia – Chronic *f Once during permit cycle Composite Pass/Fail Metals, Effluent *e Quarterly Grab mg/L*aSee Definitions, Part VIII, for definition of terms.*bFlow measurements of effluent volume shall be made in such a manner that the permittee can affirmatively demonstrate that representative values are being obtained.*cIf the rate of discharge is controlled, the rate and duration of discharge shall be reported.*dThe chronic Ceriodaphnia will be tested during the 2nd and 4th quarters, and the chronic fathead minnows will be tested during the 1st and 3rd quarters.*eAll metals results were reviewed. Only arsenic, cadmium, iron, and zinc appeared to be close to the limits suggested in the Wasteload. At this time metals need to be monitored quarterly, but this may change for next permit cycle. *fWET Testing must be conducted at the frequency listed in the table, but can be done at any time during the year to accommodate access issues. *gIron parameter will be monitoring only from permit issue through December 31, 2022. If three daily maximum iron values are reported above 1.5 mg/L, compliance schedule may be adjusted.*hDO sample and compliance point is located at latitude 40 37' 15 " and longitude111 26' 15". Parameter will be monitoring only from permit issue through January 1, 2026. Compliance Schedule Water Treatment Milestones:Table A: On-site Water Treatment Plant PathDateMilestoneSeptember 1, 2023Mayflower notifies DWQ of the selected Water Treatment Plan path. If Mayflower chooses the on-site Water Treatment Plant path continue using Table A. If Mayflower chooses the Keetley Water Treatment Plant Path, continue using Table B.January 1, 2024Updated Construction Plan Submitted to DWQ (if applicable)May31, 2024Begin ConstructionOctober 1, 2025Construction Completed and Approved by DWQJanuary1, 2026Final Effluent Limitations in EffectTable B: Keetley Water Treatment Plant PathDateMilestoneJanuary 1, 2024Submit the signed agreement between Mayflower and JSSD to DWQNovember 30, 2024Construction Completed and submit to DWQ: Approval to use received from JSSD and receipt of Certificate of CompletionJanuary 1, 2025All Outfall 001 discharge sent to Keetley Water Treatment Plant. Mayflower must submit notification to DWQ when no longer discharging from Outfall 001. When notification is received, Outfall 001 will be void in Permit No. UT0026140 WET, Iron and DO Compliance Schedule Date Effluent Limitation Outfall 001 WET Iron (Daily Maximum) DO (Daily Minimum) Modification issue – December 31, 2026 No Limitation Monitoring Only No Limitation Monitoring Only No Limitation Monitoring Only January 1, 2026 Will need to pass 1.194 mg/L 5.0 mg/L At the time the final limit is instated, January 1, 2026, BLX Mayflower LLC must submit the Alternative Analysis Section of the Level II ADR. See ADR section in the FSSOB for more details. Any violation of a Compliance Schedule of a violation of the UPDES Permit and must be reported as any other violation. Chronic Whole Effluent Toxicity (WET) Testing.Whole Effluent Testing – Chronic Toxicity. Starting immediately, the permittee shall quarterly, conduct chronic static renewal toxicity tests on a grab/composite sample of the final effluent at Outfall 001. The permitee shall also conduct one chronic test at Outfall 002 during the life of thepermit. The samples shall be collected at the point of compliance before mixing with the receiving water. Three samples are required and samples shall be collected on Monday, Wednesday and Friday of each sampling period or collected on a two day progression for each sampling period. This may be changed with Director approval. The chronic toxicity tests shall be conducted in general accordance with the procedures set out in the latest revision of Short-Term Methods for Estimating the Chronic Toxicity of Effluents and Receiving Water to Freshwater Organisms, Fourth Edition, October 2002, EPA—821-R-02-013 as per 40 CFR 136.3(a) TABLE IA-LIST OF APPROVED BIOLOGICAL METHODS. Test species shall consist of Ceriodaphnia dubia and Pimephales promelas (fathead minnow).A multi dilution test consisting of at least five concentrations and a control is required at two dilutions below and two above the receiving water concentration, if possible. If test acceptability criteria are not met for control survival, growth, or reproduction, the test shall be considered invalid. A valid replacement test is required within the specified sampling period to remain in compliance with this permit. Chronic toxicity occurs when, during a chronic toxicity test, the 25% inhibition concentration (IC25) calculated on the basis of test organism survival and growth or survival and reproduction, is less than or equal to 78% effluent concentration (equivalent to the RWC). If a sample is found to be chronically toxic during a routine test, the monitoring frequency shall become biweekly (see Part 1.C.3b Accelerated Testing). (the Director may enter acceptable variations in the test procedure here as documented in the Fact Sheet Statement of Basis and based on the test acceptability criteria as contained in UPDES Permitting and Enforcement Guidance Document for Whole Effluent Toxicity Control February, 2018). If possible, dilution water should be obtained from the receiving stream. If the permit contains a total residual chlorine limitation such that it may interfere with WET testing (>0.20 mg/L), the permittee may dechlorinate the sample in accordance with the standard method. If dechlorination is negatively affecting the test, the permittee may collect the sample just before chlorination with Director approval. Quarterly test results shall be reported along with the Discharge Monitoring Report (DMR) submitted for the end of the required reporting period (e.g., biomonitoring results for the calendar quarter ending March 31 shall be reported with the DMR due April 28, with the remaining biomonitoring reports submitted with DMRs due each July 28, October 28, and January 28). Monthly test results shall be reported along with the DMR submitted for that month. The format for the report shall be consistent with Appendix C of “UPDES Permitting and Enforcement Guidance Document for Whole Effluent Toxicity, Utah Division of Water Quality, February, 2018. If the results for ten consecutive tests indicate no chronic toxicity, the permittee may submit a request to the Director to allow a reduction in chronic toxicity testing by alternating species, or using only the most sensitive species. The Director may approve or deny the request based on the results and other available information without public notice. If the request is approved, the test procedures are to be the same as specified above for the test species. Under no circumstances shall monitoring for WET at major facilities be reduced less than quarterly. Minor facilities may be less than quarterly at the discretion of the Director. Accelerated Testing. When whole effluent toxicity is indicated during routine WET testing as specified in this permit, the permittee shall notify the Director in writing within 5 days after becoming aware of the test result. The permittee shall perform an accelerated schedule of WET testing to establish whether a pattern of toxicity exists unless the permittee notifies the Director and commences a PTI, TIE, or a TRE. Accelerated testing or the PTI, TIE, or TRE will begin within fourteen days after the permittee becomes aware of the test result. Accelerated testing shall be conducted as specified under Part I. Pattern of Toxicity. If the accelerated testing demonstrates no pattern of toxicity, routine monitoring shall be resumed. Pattern of Toxicity. A pattern of toxicity is defined by the results of a series of up to five biomonitoring tests pursuant to the accelerated testing requirements using a full set of dilutions for acute (five plus the control) and five effluent dilutions for chronic (five plus the control), on the species found to be more sensitive, once every week for up to five consecutive weeks for acute and once every two weeks up to ten consecutive weeks for chronic. If two (2) consecutive tests (not including the scheduled test which triggered the search for a pattern of toxicity) do not result in an exceedance of the acute or chronic toxicity criteria, no further accelerated testing will be required and no pattern of toxicity will be found to exist. The permittee will provide written verification to the Director within 5 days of determining no pattern of toxicity exists, and resume routine monitoring.A pattern of toxicity may or may not be established based on the following: WET tests should be run at least weekly (acute) or every two weeks (chronic) (note that only one test should be run at a time), for up to 5 tests, until either: 1) 2consecutive tests fail, or 3 out of 5 tests fail, at which point a pattern of toxicity will have been identified, or 2) 2 consecutive tests pass, or 3 out of 5 tests pass, in which case no pattern of toxicity is identified. Preliminary Toxicity Investigation. When a pattern of toxicity is detected the permittee will notify the Director in writing within 5 days and begin an evaluation of the possible causes of the toxicity. The permittee will have 15 working days from demonstration of the pattern of toxicity to complete an optional Preliminary Toxicity Investigation (PTI) and submit a written report of the results to the Director. The PTI may include, but is not limited to: additional chemical and biological monitoring, examination of pretreatment program records, examination of discharge monitoring reports, a thorough review of the testing protocol, evaluation of treatment processes and chemical use, inspection of material storage and transfer areas to determine if any spill may have occurred. If the PTI identifies a probable toxicant and/or a probable source of toxicity, the permittee shall submit, as part of its final results, written notification of that effect to the Director. Within thirty days of completing the PTI the permittee shall submit to the Director for approval a control program to control effluent toxicity and shall proceed to implement such plan in accordance with the Director’s approval. The control program, as submitted to or revised by the Director, will be incorporated into the permit. After final implementation, the permittee must demonstrate successful removal of toxicity by passing a two species WET test as outlined in this permit. With adequate justification, the Director may extend these deadlines. If no probable explanation for toxicity is identified in the PTI, the permittee shall notify the Director as part of its final report, along with a schedule for conducting a Phase I Toxicity Reduction Evaluation (TRE) (see Part 1.C.3e Toxicity Reduction Evaluation). If toxicity spontaneously disappears during the PTI, the permittee shall submit written notification to that effect to the Director, with supporting testing evidence. Toxicity Reduction Evaluation (TRE). If a pattern of toxicity is detected the permittee shall initiate a TIE/TRE within 7 days unless the Director has accepted the decision to complete a PTI. With adequate justification, the Director may extend the 7-day deadline. The purpose of the TIE portion of a TRE will be to establish the cause of the toxicity, locate the source(s) of the toxicity, and the TRE will control or provide treatment for the toxicity. A TRE may include but is not limited to one, all, or a combination of the following: Phase I – Toxicity Characterization Phase II – Toxicity Identification Procedures Phase III – Toxicity Control Procedures Any other appropriate procedures for toxicity source elimination and control. If the TRE establishes that the toxicity cannot be immediately eliminated, the permittee shall submit a proposed compliance plan to the Director. The plan shall include the proposed approach to control toxicity and a proposed compliance schedule for achieving control. If the approach and schedule are acceptable to the Director, this permit may be reopened and modified.If toxicity spontaneously disappears during the TIE/TRE, the permittee shall submit written notification to that effect to the Director. If the TRE shows that the toxicity is caused by a toxicant(s) that may be controlled with specific numerical limitations, the permittee shall submit the following: An alternative control program for compliance with the numerical requirements. If necessary, as determined by the Director, provide a modified biomonitoring protocol which compensates for the pollutant(s) being controlled numerically. This permit may be reopened and modified to incorporate any additional numerical limitations, a modified compliance schedule if judged necessary by the Director, and/or modified WET testing requirements without public notice. Failure to conduct an adequate TIE/TRE plan or program as described above, or the submittal of a plan or program judged inadequate by the Director, shall be considered a violation of this permit. After implementation of TIE/TRE plan, the permittee must demonstrate successful removal of toxicity by passing a two species WET test as outlined in this permit. 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 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. The first report is due on January 28, 2021. 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 according to theSignatory Requirements (see Part VII.G), and submitted by NetDMR, or to the Division of Water Quality at the following address:Department of Environmental QualityDivision of Water QualityPO Box 144870Salt Lake City, Utah 84114-4870 STORM WATER REQUIREMENTS. Industrial Storm Water Permit.The facility contains inactive metal mines which may requireseparate coverage or an appropriate exclusion under the Multi-Sector General Permit (MSGP) for Storm Water Discharges Associated with Industrial Activities (UTR000000)if storm water is coming in contact with overburden, raw material, intermediate product, finished product, byproduct, or waste product. DWQ will review this facility and provide separate notification of any industrial storm water permit requirements. Construction Storm Water Permit.Any construction at the facility that disturbs an acre ormore of land, including less than an acre if it is part of a common plan of development orsale, is required to obtain coverage under the UPDES Construction General Storm WaterPermit (UTRC00000). Permit coverage must be obtained prior to land disturbance. If the sitequalifies, a Low Erosivity Waiver (LEW) Certification may be submitted instead of permitcoverage. 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 must be conducted according to test procedures approved under Utah Administrative Code ("UAC") R317-2-10 and 40CFR Part 503, unless other test procedures have been specified in this permit. 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 six months per violation, 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 UACR317-2-10 and 40 CFR 503 or as specified in this permit, the results of this monitoring shall be included in the calculation and reporting of the data submitted in the DMR or the Biosolids Report Form. Such increased frequency shall also be indicated. Only those parameters required by the permit need to be reported. 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 must 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 Division of Water Quality, (801) 536-4300, or 24-hour answering service (801) 536-4123. The following occurrences of noncompliance shall be reported by telephone (801) 536-4300 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 IV.G, Bypass of Treatment Facilities.); Any upset which exceeds any effluent limitation in the permit (See Part IV.H, Upset Conditions.); Violation of a daily discharge limitation for any of the pollutants listed in the permit; 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 III.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 must 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 $10,000 per day of such violation. Any person who willfully or negligently violates permit conditions or the Act is subject to a fine not exceeding $25,000 per day of violation. Any person convicted under UCA 19-5-115(2) a second time shall be punished by a fine not exceeding $50,000 per day. Except as provided at Part IV.G, Bypass of Treatment Facilities and Part IV.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 paragraph 2and 3 of this section. 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 section IV.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 sections IV.G.2.a (1), (2) and (3). Notice. Anticipated bypass. Except as provided above in section IV.G.2 and below in section IV.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 section IV.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 III.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 paragraph 2 of this section are met. Director's administrative determination regarding a claim of upset cannot 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 III.H, Twenty-four Hour Notice of Noncompliance Reporting; and, The permittee complied with any remedial measures required under Part IV.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 Water Quality Act of 1987 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 Executive Secretary 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). Industrial Pretreatment. 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 Water Quality Act of 1987, the permittee shall comply with all applicable federal General Pretreatment Regulations promulgated at 40 CFR 403, the State Pretreatment Requirements at UACR317-8-8, and any specific local discharge limitations developed by the Publicly Owned Treatment Works (POTW) accepting the wastewaters.In addition, in accordance with 40 CFR 403.12(p)(1), the permittee must notify the POTW, the EPA Regional Waste Management Director, and the State hazardous waste authorities, in writing, if they discharge any substance into a POTW which if otherwise disposed of would be considered a hazardous waste under 40 CFR 261. This notification must include the name of the hazardous waste, the EPA hazardous waste number, and the type of discharge (continuous or batch). 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 could significantly change the nature or increase the quantity of parameters discharged or pollutant sold or given away. This notification applies to pollutants, which are not subject to effluent limitations in the permit. In addition, if there are any planned substantial changes to the permittee's existing sludge facilities or their manner of operation or to current sludge management practices of storage and disposal, 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. All reports required by the permit and other information requested by the Director shall be signed by a person described above or by a duly authorized representative of that person. A person is a duly authorized representative only if: The authorization is made in writing by a person described above 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. Changes to authorization. If an authorization under paragraph V.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 paragraph V.G.2. must 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 paragraph 2 above. 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 by UCA19-5-117 and Section 510 of the Act 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 area wide treatment management plans or promulgations/revisions to TMDLs (40 CFR 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, whole effluent toxicity (WET) limitations, a compliance date, a compliance schedule, a change in the whole effluent toxicity (biomonitoring) protocol, additional or modified numerical limitations, or any other conditions related to the control of toxicants if one or more of the following events occur; Toxicity is detected, as per Part I.C.4.a and bof this permit, during the duration of this permit. The TRE results indicate that the toxicant(s) represent pollutant(s) or pollutant parameter(s) that may be controlled with specific numerical limits and the Director concludes that numerical controls are appropriate. Following the implementation of numerical control(s) of toxicant(s), the Director agrees that a modified biomonitoring protocol is necessary to compensate for those toxicants that are controlled numerically. The TRE reveals other unique conditions or characteristics, which in the opinion of the permit issuing authority justify the incorporation of unanticipated special conditions in the permit. Storm Water-Reopener Provision. At any time during the duration (life) of this permit, this permit may be reopened and modified (following proper administrative procedures) as per UAC R317.8, to include, any applicable storm water provisions and requirements, a storm water pollution prevention plan, a compliance schedule, a compliance date, monitoring and/or reporting requirements, or any other conditions related to the control of storm water discharges to "waters-of-State”. 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”). “Bypass,” means the diversion of waste streams from any portion of a treatment facility. “Chronic toxicity” occurs when the IC25< 78% effluent. The 78% 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. “EPA,” means the United States Environmental Protection Agency. “Director,” means Director of the Division of Water Quality. 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.