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Home My WebLink AboutDWQ-2024-004765STATE OF UTAHDIVISION OF WATER QUALITYDEPARTMENT OF ENVIRONMENTAL QUALITYSALT LAKE CITY, UTAHUTAH POLLUTANT DISCHARGE ELIMINATION SYSTEM (UPDES) PERMITSMinorIndustrial Permit No. UT0025283In compliance with provisions of the Utah Water Quality Act, Title 19, Chapter 5, Utah Code (the "Act"),THE ENSIGN-BRICKFORD COMPANYis hereby authorized to discharge from THE ENSIGN-BRICKFORD COMPANY FACILITYto receiving waters named RECEIVING WATER, and to distribute effluent for reuse,in accordance with specific limitations, outfalls, and other conditions set forth herein.This permit shall become effective on Month XX, 20XXThis permit expires at midnight on Month XX, 20XX.Signed this XXth day of Month, 20XX._________________________John K. Mackey, P.E. DirectorTable of ContentsOutline Page NumberI. DISCHARGE LIMITATIONS AND REPORTING REQUIREMENTS5A. Description of Discharge Points5B. Narrative Standard5C. Specific Limitations and Self-Monitoring Requirements5D. Reporting of Monitoring Results16II. PRETREATMENT REQUIREMENTS18A. Definitions20B. Pretreatment Monitoring and Reporting Requirements.21C. Industrial Wastes21D. General and Specific Prohibitions22E. Significant Industrial Users Discharging to the POTW23F. Change of Conditions23G. Legal Action24H. Local Limits24A. Definitions24B. Pretreatment Monitoring and Reporting Requirements.25C. Industrial Wastes26D. General and Specific Prohibitions27E. Significant Industrial Users Discharging to the POTW28F. Change of Conditions28G. Legal Action28H. Local Limits29A. Pretreatment Program Delegation29B. Program Updates30C. Annual Report30D. General and Specific Prohibitions30E. Categorical Standards31F. Self-Monitoring and Reporting Requirements31G. Enforcement Notice32H. Formal Action32III. BIOSOLIDS REQUIREMENTS34A. Biosolids Treatment and Disposal34B. Specific Limitations and Monitoring Requirements34C. Management Practices of Biosolids38D. Special Conditions on Biosolids Storage40E. Representative Sampling40F. Reporting of Monitoring Results40G. Additional Record Keeping Requirements Specific to Biosolids41IV. STORM WATER REQUIREMENTS43V. MONITORING, RECORDING & GENERAL REPORTING REQUIREMENTS44A. Representative Sampling44B. Monitoring Procedures44C. Penalties for Tampering44D. Compliance Schedules44E. Additional Monitoring by the Permittee44F. Records Contents44G. Retention of Records44H. Twenty-four Hour Notice of Noncompliance Reporting44I. Other Noncompliance Reporting45J. Inspection and Entry45VI. COMPLIANCE RESPONSIBILITIES47A. Duty to Comply47B. Penalties for Violations of Permit Conditions47C. Need to Halt or Reduce Activity not a Defense47D. Duty to Mitigate47E. Proper Operation and Maintenance47F. Removed Substances47G. Bypass of Treatment Facilities47H. Upset Conditions49I. Toxic Pollutants49J. Changes in Discharge of Toxic Substances49VII. GENERAL REQUIREMENTS51A. Planned Changes51B. Anticipated Noncompliance51C. Permit Actions51D. Duty to Reapply51E. Duty to Provide Information51F. Other Information51G. Signatory Requirements51H. Penalties for Falsification of Reports52I. Availability of Reports52J. Oil and Hazardous Substance Liability52K. Property Rights53L. Severability53M. Transfers53N. State or Federal Laws53O. Water Quality - Reopener Provision53P. Biosolids – Reopener Provision53Q. Toxicity Limitation - Reopener Provision54VIII. DEFINITIONS55A. Wastewater55B. Biosolids56 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 Number(s)Location of Discharge Outfall(s)001Located at latitude ' " and longitude ' ". (Add other description that will allow anyone, even if unfamiliar with the site, to find the discharge).Outfall Number(s)Location of Effluent Reuse Discharge Outfall(s) and 001RDescription of Area for UseLocated at latitude ' " and longitude ' ". (Add other description that will allow anyone, even if unfamiliar with the site, to find the reuse outfall and land application site). 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 , and lasting through the life of this permit, there shall be no acute or chronic toxicity in Outfall(s) as defined in Part VIII, and determined by test procedures described in Part I. C.4(or 3 if no compliance schedule).a & b of this permit. Effective immediately and lasting the duration of this permit, the Permittee is authorized to discharge from Outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: Parameter Effluent Limitations *a Maximum Monthly Avg Maximum Weekly Avg Yearly Average Daily Minimum Daily Maximum Total Flow (X.X) (X.X) -- -- (X.X) BOD5, mg/L BOD5 Min. % Removal (X.X) 85 (X.X) -- -- -- -- -- -- -- CBOD5, mg/L Summer (Jul-Sep) Fall (Oct-Dec) Winter (Jan-Mar) Spring (Apr-Jun) BOD5 Min. % Removal (X.X) (X.X) (X.X) (X.X) 85 (X.X) (X.X) (X.X) (X.X) (X.X) -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- TSS, mg/L TSS Min. % Removal 25 85 35 -- -- -- -- -- -- -- Dissolved Oxygen, mg/L -- -- -- (X.X) -- Total Ammonia (as N), mg/L Summer (Jul-Sep) Fall (Oct-Dec) Winter (Jan-Mar) Spring (Apr-Jun) (X.X) (X.X) (X.X) (X.X) (X.X) (X.X) (X.X) (X.X) -- -- -- -- -- -- -- -- (X.X) (X.X) (X.X) (X.X) TRC, mg/L (X.X) (X.X) -- -- (X.X) E. coli, No./100mL 126 157 -- -- -- Total Phosphorus (as P), mg/L (Final) *k, *l, *i (X.X) (X.X) (1/X.X) -- (X.X) WET, Acute Biomonitoring -- -- -- -- LC50> 100% effluent RWC (from WLA) WET, Chronic Biomonitoring -- -- -- -- IC25> XX% effluent (from WLA) Oil & Grease, mg/L -- -- -- -- 10.0 pH, Standard Units -- -- -- 6.5 9 TDS, mg/L *j Self-Monitoring and Reporting Requirements Parameter Frequency Sample Type Units WET, Acute Biomonitoring* or Chronic Biomonitoring* Monthly/Quarterly Monthly/Quarterly Grab/Composite Grab/Composite Pass/Fail TUc≤ 1.6 or TUc≤1a * Enter specifics for alternating species, if applicable. a TUcis calculated by dividing the receiving water effluent concentration determined in accordance with R317-2-5 by the chronic test IC25. [select one: TUc≤ 1.6 when receiving water effluent concentration is >50%] The TUc is an indicator and an exceedance is not used for determining compliance. Self-Monitoring and Reporting Requirements *a Parameter Frequency Sample Type Units Total Flow *b, *c Continuous/What? Recorder MGD BOD5, Influent *d Effluent How Often? How Often? Composite Composite mg/L mg/L CBOD5, Influent *d Effluent How Often? How Often? Composite Composite mg/L mg/L TSS, Influent *d Effluent How Often? How Often? Composite Composite mg/L mg/L E. coli How Often? Grab No./100mL pH How Often? Grab SU Total Ammonia (as N) How Often? Composite mg/L DO How Often? Grab mg/L WET – Biomonitoring *h Ceriodaphnia - Acute Ceriodaphnia - Chronic Fathead Minnows - Acute Fathead Minnows - Chronic How Often? 1st & 3rd Quarter 2nd & 4th Quarter 2nd & 4th Quarter 1st & 3rd Quarter Composite Composite Composite Composite Pass/Fail Pass/Fail Pass/Fail Pass/Fail TRC, mg/L, *e, *g How Often? Grab mg/L Oil & Grease *f When Sheen Observed Grab mg/L Orthophosphate (as P),*k Effluent Monthly/ How Often? Composite mg/L Total Phosphorus (as P),*l, *k Influent Effluent Monthly/ How Often? Monthly/ How Often? Composite Composite mg/L mg/L Total Kjeldahl Nitrogen, TKN (as N) *k, *l Influent Effluent Monthly/ How Often? Monthly/ How Often? Composite Composite mg/L mg/L Nitrate, NO3 *k, *l Monthly/ How Often? Composite mg/L Nitrite, NO2 *k, *l Monthly/ How Often? Composite mg/L TDS, mg/L *j Monthly/ How Often? Composite mg/L Temperature, mg/L *l, Monthly/ How Often? Composite mg/L Metals, *i Influent Effluent Quarterly/ How Often? Quarterly/ How Often? Composite Composite mg/L mg/L Organic Toxic Pollutants, Influent Effluent Yearly/ How Often? Yearly/ How Often? Grab/Composite Grab/Composite mg/L mg/L*aSee Definitions, Part VIII, for definition of terms.*bFlow measurements of influent/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.*dIn 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.*eAnalytical results less than 0.06 mg/l will not be considered out of compliance with the permit. For purposes of calculating averages and reporting on the Discharge Monitoring Report form, the following will apply: 1) analytical values less than 0.02 mg/L shall be considered zero; and 2) analytical values less than 0.06 mg/L and equal to or greater than 0.02 mg/L will be recorded as measured.*fOil & Grease sampled when sheen is present or visible. If no sheen is present or visible, report NA. *gTotal residual chlorine monitoring frequency is (How Often?) times a week. The chlorine disinfection is a backup system to the ultra violet system and therefore should not be needed unless the ultra violet system has a failure and is by passed. The TRC limits are low enough to require analysis in the onsite lab which is open only 6 days a week. Frequency reduction will remove a requirement that the lab be opened for a 7th day. In case of a bypass on any day the lab is closed, (Permittee) will bring in lab personnel to open the lab for TRC analysis *hTheacute Ceriodaphnia will be tested during the 1st and 3rd quarters and the acute fathead minnows will be tested during the 2nd and 4th quarters. The chronic Ceriodaphniawill be tested during the 2nd and 4th quarters and the chronic fathead minnows will be tested during the 1st and 3rd quarters. *iMetals results were reviewed for the last 36 months. Only selenium appeared to be close to the limits suggested in the Wasteload. After further review, and confirmation by a round of sampling in late November, early December of 2004, it was shown that the reporting limit for selenium for the onsite lab is above the suggested limits, and when samples are analyzed off site in a lab with lower reporting limits, selenium levels are under the reporting limit for the lab. No limits are required at this time.NOTE: If discharge is in the Colorado River Basin, put the appropriate total dissolved solids (TDS) language in the SOB, and the permit (see below). *jThe effluent shall not exceed the culinary source water intake by more than 400 mg/L of TDS (*******or the permittee could request 1 ton/day salt loading, or 366 tons/year*******).*kThese reflect changes required with the adoption of UAC R317-1-3.3, Technology-based Phosphorus Effluent Limits rule.Total Phosphorus Compliance Schedule:DateMilestoneDecember 31, 2019Complete monitoring only sampling for Total PhosphorusJanuary 1, 2020Comply with Final Total Phosphorus Effluent Limit *l(Pollutant or Pollutants) are being sampled in support of the work being done for the TMDL currently underway for the (Water Body). The Pollutants Of Concern (POC) will be monitored and reported (on a monthly basis by the facility on Discharge Monitoring Report, but will not have a limit associated with them/or at the end of each Calendar year of sampling for these POC’s), (Permittee) will report the results of all sampling done for the POC. If (Permittee) decides to sample more frequently for these POC’s, the additional data will be welcome. Self-Monitoring and Reporting Requirements Parameter Frequency Sample Type Units WET, Acute Biomonitoring* or Chronic Biomonitoring* Monthly/Quarterly Monthly/Quarterly Grab/Composite Grab/Composite Pass/Fail TUc≤ 1.6 or TUc≤1a * Enter specifics for alternating species, if applicable. a TUcis calculated by dividing the receiving water effluent concentration determined in accordance with R317-2-5 by the chronic test IC25. [select one: TUc≤ 1.6 when receiving water effluent concentration is >50%] The TUc is an indicator and an exceedance is not used for determining compliance. Effective immediately and lasting the duration of this permit, the permittee is authorized to discharge from Outfall 001R. Such discharges shall be limited and monitored by the permittee as specified below: ParameterOutfall 001R Effluent Limitations *a, *p, *q Max Monthly Average Max Weekly Median Max Daily Average Minimum Maximum Turbidity, NTU*p -- -- 2 -- 5 TRC, mg/L *m, *q -- -- -- 1 -- BOD5, mg/L 10 -- -- -- -- E coli, No/100mL*o -- ND*q -- -- 9 pH, Standard Units -- -- -- 6.0 9.0 Reuse Outfall 001R Self-Monitoring and Reporting Requirements *a *n Parameter Frequency Sample Type Units Total Flow, *b, *c Continuous Recorder MGD Turbidity Continuous Recorder mg/L TRC *m, *q Daily Recorder mg/L BOD5 Weekly Composite mg/L E. coli Daily Grab No./100mL pH Daily Grab SU **Cell Depth** Monthly Measure Feet **Free Board ** Monthly Measure Feet **Remove if lagoon discharges routinely** Parameter Type II Reuse Outfall 001R Effluent Limitations *a Max Monthly Average Max Weekly Median Max Daily Average Minimum Maximum BOD5 25 -- -- -- -- TSS 25 35 -- - -- E. coli, No/100mL *o -- 126 -- -- 500 pH, Standard Units -- -- -- 6.0 9.0 -- – Not Applicable Type II Reuse Outfall 001R Self-Monitoring and Reporting Requirements *a *n Parameter Frequency Sample Type Units Total Flow, *b, *c Continuous Recorder MGD BOD5 Weekly Composite mg/L TSS Daily Composite mg/L E. coli Daily Grab No./100mL pH Daily/ Continuous Grab/Recorder SU **Cell Depth** Monthly Measure Feet **Free Board ** Monthly Measure Feet **Remove if lagoon discharges routinely** *aSee Definitions, Part VIII, for definition of terms. *bFlow measurements of influent/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. *mThe facility is required to disinfect to destroy, inactivate or remove pathogenic microorganisms by chemical, physical or biological means. Disinfection may be accomplished by chlorination, ozonation, or other chemical disinfectants, UV radiation. Or other approved processes. Chlorine residual is recommended but no longer required. Sampling not required if chlorination is not being used. The total residual chlorine shall be measured continuously and shall at no time be less than 1.0 mg/l after 30 minutes contact time at peak flow. If an alternative disinfection process is used, it must be demonstrated to the satisfaction of the Director that the alternative process is comparable to that achieved by chlorination with a 1 mg/l residual after 30 minutes contact time. If the effectiveness cannot be related to chlorination, then the effectiveness of the alternative disinfection process must be demonstrated by testing for pathogen destruction as determined by the Director. A 1 mg/l total chlorine residual is recommended after disinfection and before the treated effluent goes into the distribution system.*nReuse monitoring results obtained during the previous month for reuse discharges shall be summarized for each month and reported on NetDMR. *o(For Type I only.) The weekly median E. coli concentration shall be non-detect*p(For Type I resue only.) An alternative disposal option or diversion to storage must be automatically activated if turbidity exceeds the maximum instantaneous limit for more than 5 minutes, or chlorine residual drops below the instantaneous required value for more than 5 minutes, where chlorine disinfection is used.*q(For Type I reuse only.) The total residual chlorine shall be measured continuously and shall at no time be less than 1.0 mg/l after 30 minutes contact time at peak flow. If an alternative disinfection process is used, it must be demonstrated to the satisfaction of the Director that the alternative process is comparable to that achieved by chlorination with a 1 mg/l residual after 30 minutes contact time. If the effectiveness cannot be related to chlorination, then the effectiveness of the alternative disinfection process must be demonstrated by testing for pathogen destruction as determined by the Director. A 1 mg/l total chlorine residual is recommended after disinfection and before the treated effluent goes into the distribution system. Management Practices for Land Application of Treated Effluent: The application of treated effluent to frozen, ice-covered, or snow covered land is prohibited. No person shall apply treated effluent where the slope of the site exceeds 6 percent. The use should not result in a surface water runoff. The use must not result in the creation of an unhealthy or nuisance condition, as determined by the local health department. Any irrigation with treated effluent must be at least 300 feet from a potable well. For Type I reuse, any irrigation must be at least 50 feet from any potable water well. For Type II reuse, any irrigation must be at least 300 feet from any potable water well. For Type II reuse, spray irrigation must be at least 100 feet from areas intended for public access. This distance may be reduced or increased by the Director. Impoundments of treated effluent, if not sealed, must be at least 500 feet from any potable well. Public access to effluent storage and irrigation or disposal sites shall be restricted by a stock-tight fence or other comparable means which shall be posted and controlled to exclude the public (Compliance Schedule for a Particular Parameter if necessary) Compliance Schedule for a Particular Parameter There is no Compliance Schedule included in this renewal permit. or Compliance Schedule Language, or Total Phosphorus Compliance Schedule:DateMilestoneDecember 31, 2019Complete monitoring only sampling for Total PhosphorusJanuary 1, 2020Comply with Final Total Phosphorus Effluent Limit Acute/Chronic Whole Effluent Toxicity (WET) Testing. Whole Effluent Testing – Acute Toxicity. Starting on______________, the permittee shall (monthly, quarterly, semi-annually), conduct acute static renewal toxicity tests on a (grab/composite) sample of the final effluent at Outfall(s). The sample shall be collected at the point of compliance before mixing with the receiving water.The monitoring frequency for acute tests shall be (monthly, quarterly semi-annually) unless a sample is found to be acutely toxic during a routine test. If that occurs, the monitoring frequency shall become weekly (See Part , Accelerated Testing). Unless otherwise approved by the Director, samples shall be collected on a two day progression; i.e., if the first sample is on a Monday, during the next sampling period, the sampling shall begin on a Wednesday, etc.The static-renewalacute toxicity tests shall be conducted in general accordance with the procedures set out in the latest revision of Methods for Measuring the Acute Toxicity of Effluents and Receiving Waters to Freshwater and Marine Organisms, Fifth Edition, October 2002, EPA-821-R-02-012 as per 40 CFR 136.3(a) TABLE IA-LIST OF APPROVED BIOLOGICAL METHODS. The permittee shall conduct the 48-hour static renewal toxicity test using Ceriodaphniadubia (solution renewal every 24 hours)and the acute 96-hour static renewal toxicity test using Pimephalespromelas (fathead minnow)(solution renewal every 24 hours). (The permittee shall conduct the __-hour static renewal toxicity test using ______________ and the acute __-hour static renewal toxicity test using ______________ both tests using 24 hour solution renewal.)Based on the Test Acceptability Criteria included in Utah Pollutant Discharge Elimination System (UPDES) Permit and Enforcement Guidance Document for Whole Effluent Toxicity Control (Biomonitoring) February, 2018, the Director may require acceptable variations in the test, i.e. temperature, carbon dioxide atmosphere, or any other acceptable variations in the testing procedure,as documented in the Fact Sheet Statement of Basis. If possible dilution water should be taken from the receiving stream. A valid replacement test is required within the specified sampling period to remain in compliance. Acute toxicity occurs when 50 percent or more mortality is observed for either species at any effluent concentration. Mortality in the control must simultaneously be 10 percent or less for the results to be considered valid. If more than 10 percent control mortalityoccurs, the test shall be repeated until satisfactory control mortality is achieved. The permittee shall meet all QA/QC requirements of the acute WET testing method listed in this Section of the permit. 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 approved USEPA methods for WET testing the sample. If dechlorination is affecting the test, the permittee may collect the sample just before chlorination with Director approval. (Monthly, Quarterly, semi-annual) test results shall be reported along with the DMR submitted for the end of the required reporting period (month, quarter or semi-annual) 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 “Utah Pollutant Discharge Elimination System (UPDES) Permitting and Enforcement Guidance Document for Whole Effluent Toxicity (Biomonitoring), Utah Division of Water Quality, February 2018. If the results for ten consecutive tests indicate no acute toxicity, the permittee may request a reduction in acute toxicity testing by a reduction in monitoring frequency, alternating species, or using only the most sensitive species. The Director may approve or deny the request. 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.Whole Effluent Testing – Chronic Toxicity. (Chronic WET tests are considered an indicator for Class 5 waters (Great Salt Lake) because of uncertainties regarding the representativeness of the standard test species for Great Salt Lake. If a separate acute test is not conducted, the results of the acute duration portion of a chronic test are reported as specified in Part a. Whole Effluent Testing – Acute Toxicity. As an indicator, the chronic test results can demonstrate compliance with portions of the Narrative Standards (R317-2-7.2). However, the chronic WET test results alone do not demonstrate noncompliance with the Narrative Standards. As indicators, the chronic WET test results alone are not used for determining reasonable potential for toxicity or noncompliance with the permit.)Starting on _____________ , the permittee shall (monthly, quarterly, semi-annually), conduct chronic static renewal toxicity tests on a grab/composite sample of the final effluent at Outfall(s) _____. The sample 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 ([or] Short-Term Methods for Estimating the Chronic Toxicity of Effluents and Receiving Water to Marine and Estuarine Organisms, Third Edition, October 2002 EPA-821-R-02-014 [select one for Great Salt Lake Facilities])as per 40 CFR 136.3(a) TABLE IA-LIST OF APPROVED BIOLOGICAL METHODS. Test species shall consist of Ceriodaphniadubia 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 RWC, 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 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 ¬¬___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 Utah Pollutant Discharge Elimination System (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. (Monthly, Quarterly, semi-annual) test results shall be reported along with the DMRsubmitted 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 “Utah Pollutant Discharge Elimination System (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 permit issuing authority 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 ___ Toxicity Reduction EvaluationIf 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 byNetDMR, 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 Month 28, 20--. 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 the Division of Water Quality at the following address:Department of Environmental QualityDivision of Water QualityPO Box 144870Salt Lake City, Utah 84114-4870 Reporting of Reuse Monitoring Results. Monitoring results obtained during the previous month shall be summarized for each month and reported on NetDMR*, no later than the 28th day of the month following the completed reporting period. The first report is due on Month 28, 20--. If no reuse occurs during the reporting period, “no reuse” shall be reported for those applicable effluent parameters. Legible copies of these, and all other reports required herein, shall be signed and certified in accordance with the requirements of Signatory Requirements (see Part VII.G), and submitted to the Division of Water Quality at the following address:Department of Environmental QualityDivision of Water QualityPO Box 144870Salt Lake City, Utah 84114-4870PRETREATMENT REQUIREMENTSBOILERPLATE FOR INDUSTRIAL DISCHARGERSDefinitions. For this section, 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 NPDES 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 Clean Water Act, 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 NPDES 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 paragraphs (5)(b) and (5)(c) of this definition, the term Significant Industrial User means: All Industrial Users subject to Categorical Pretreatment Standards under 40 CFR 403.6 and 40 CFR 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 CFR 403.8(f)(6)). The Control Authority may determine that an Industrial User subject to categorical Pretreatment Standards under § 403.6 and 40 CFR chapter I, subchapter N is a Non-Significant Categorical Industrial User rather than a Significant Industrial User on a finding that the Industrial User never discharges 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 paragraph (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 CFR 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 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 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 must meet the requirements of Part II. D. and E. of the permit.Hazardous Waste Notification. The Permittee must 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 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 and Specific Prohibitions. General Prohibitions. The Permittee may not introduce into a POTW any pollutant(s) which cause Pass Through or Interference. These general prohibitions and the specific prohibitions in paragraph 2. of this section 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 publicly owned treatment works (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 must be met by all Industrial Users discharging into a POTW. These standards are published in the federal regulations at 40 CFR 405 through 471.BOILERPLATE FOR NON-PRETREATMENT MINOR FACILITIES UNDER 1 MGDDefinitions. For this section 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 NPDES 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 Clean Water Act, 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.Local Limit is defined as a limit designed to prevent Pass Through or Interference. And is developed in accordance with 40 CFR 403.5(c).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 NPDES 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 paragraphs (6)(b) and (6)(c) of this definition, the term Significant Industrial User means: All Industrial Users subject to Categorical Pretreatment Standards under 40 CFR 403.6 and 40 CFR 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 CFR 403.8(f)(6)). The Control Authority may determine that an Industrial User subject to categorical Pretreatment Standards under § 403.6 and 40 CFR chapter I, subchapter N is a Non-Significant Categorical Industrial User rather than a Significant Industrial User on a finding that the Industrial User never discharges 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 paragraph (6)(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 CFR 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. Pretreatment Monitoring and Reporting Requirements.The design capacity of the municipal wastewater treatment facility is less than 5 MGD; therefore the Permittee will not be required to develop an Approved POTWPretreatment Program. However, in order to determine if development of an Approved POTWPretreatment Program is warranted, the Permittee shall conduct an industrial waste survey, as described in Part II.C.1.Monitoring will not be required of the Permittee for the pretreatment requirements at this time. If changes occur monitoring may be required for parameters not currently listed in the permit or current monitoring requirements may be required to be increased to determine the impact of an Industrial User or to investigate sources of pollutant loading. This could include but is not limited to sampling of the influent and effluent of the wastewater treatment plant and within the collection system.For Local Limit parameters it is recommended that the most sensitive method be used for analysis. This will determine if the parameter is present and provide removal efficiencies based on actual data rather than literature values. If a parameter load is greater than the allowable head works load, for any pollutant listed in Part I., or a pollutant of concern listed in the Local Limit development document or determined by the Director, the Permittee must report this information to the Pretreatment Coordinator for the Division of Water Quality. If the loading exceeds the allowable headworks load, increase sampling must occur based on the requirements given by the Pretreatment Coordinator for the Division of Water Quality. If needed sampling may need to occur to find the source(s) of the increase. This may include sampling of the collection system. Notification regarding the exceedances of the allowable headworks loading can be provided via email. Industrial Wastes.The "Industrial Waste Survey" or “IWS” as required by Part II.B.1. consists of; Identifying each Industrial User (IU) and determining if the IU is anSIU, Determination of the qualitative and quantitative characteristics of each discharge, and Appropriate production data. The IWS must be maintained and updated with IU information as necessary, to ensure that all IUs are properly permitted or controlled at all times. Updates must be submitted to the Director sixty (60) days following a change to the IWS.Notify all IUs of their obligation to comply with applicable requirements under Subtitles C and D of RCRA.The Permittee must notify the Director of any new introductions by new or existing IUs or any substantial change in pollutants from any major industrial source. Such notice must contain the information described in 1. above, and be forwarded no later than sixty (60) days following the introduction or change. General and Specific Prohibitions. The Permittee must ensure that no IU violates any of the general or specific standards. If an IU is found violating a general or specific standard the Permittee must notify the Director within 24 hours of the event. The general prohibitions and the specific prohibitions apply to each User introducing pollutants into a POTW whether or not the User is subject to other Pretreatment Standards or any national, State or local Pretreatment Requirements. General prohibition Standards. A User may not introduce into a POTW any pollutant(s) which cause Pass Through or Interference. Specific Prohibited Standards. Developed pursuant to Section 307 of the Clean Water Act of 1987require that under no circumstances shall the Permittee allow introduction of the following pollutants into the waste treatment system from any User (40 CFR 403.5): Pollutants which create a fire or explosion hazard in the POTW, including, but not limited to, waste-streams 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, non-biodegradable 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; or, Any trucked or hauled pollutants, except at discharge points designated by the POTW. Any pollutant that causes Pass Through or Interference at the POTW. Any prohibited standard which the Permittee has adopted in an ordinance or rule to control IU discharge to the POTW. In addition to the general and specific limitations expressed above, more specific pretreatment limitations have been and will be promulgated for specific industrial categories under Section 307 of the Clean Water Act of 1987 as amended (See 40 CFR, Subchapter N, Parts 400 through 500, for specific information). Industrial Users Discharging to the POTW. The Permittee shall provide adequate notice to the Director and the Division of Water Quality Pretreatment Coordinator of; Any new introduction of pollutants into the treatment works from an indirect discharger (i.e., Industrial User) which would be subject to Sections 301 or 306of theClean Water Actif it were directly discharging those pollutants; Any substantial change in the volume or character of pollutants being introduced into the treatment works by a source introducing pollutants into the treatment works at the time of issuance of the permit; and For the purposes of this section, adequate notice shall include information on: The quality and quantity of effluent to be introduced into such treatment works; and, Any anticipated impact of the change on the quantity or quality of effluent to be discharged from such publicly owned treatment works. Any IU that must comply with applicable requirements under Subtitles C and D of RCRA. Change of Conditions.At such time as a specific pretreatment limitation becomes applicable to an Industrial User of the Permittee, the Director may, as appropriate, do the following: Amend the Permittee's UPDES discharge permit to specify the additional pollutant(s) and corresponding effluent limitation(s) consistent with the applicable national pretreatment limitation; Require the Permittee to specify, by ordinance, contract, or other enforceable means, the type of pollutant(s) and the maximum amount which may be discharged to the Permittee's facility for treatment. Such requirement shall be imposed in a manner consistent with the POTW program development requirements of the General Pretreatment Regulations at 40 CFR 403; Require the Permittee to monitor its discharge for any pollutant, which may likely be discharged from the Permittee's facility, should the Industrial User fail to properly pretreat its waste; and/or Require the Permittee to develop an Approved POTW Pretreatment Program. Legal Action. The Director retains, at all times, the right to take legal action against the Industrial User and/or the treatment works, in those cases where a permit violation has occurred because of the failure of an Industrial User to discharge at an acceptable level. If the Permittee has failed to properly delineate maximum acceptable industrial contributor levels, the Director will look primarily to the Permittee as the responsible party. Local Limits.If Local Limits are developed per R317-8-8.5(4)(b) to protect the POTW from Pass Through or Interference, then the POTW must submit limits to DWQ for review and public notice, as required by R317-8-8.5(4)(c). Local Limitsshould be developed in accordance with the latest revision of the EPA Local Limits Development Guidance and per R317-8-8.5. BOILERPLATE FOR NON-PRETREATMENT MAJOR FACILITIESDefinitions. For this section 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 NPDES 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 Clean Water Act, 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.Local Limit is defined as a limit designed to prevent Pass Through or Interference. And is developed in accordance with 40 CFR 403.5(c).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 NPDES 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 paragraphs (6)(b) and (6)(c) of this definition, the term Significant Industrial User means: All Industrial Users subject to Categorical Pretreatment Standards under 40 CFR 403.6 and 40 CFR 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 CFR 403.8(f)(6)). The Control Authority may determine that an Industrial User subject to categorical Pretreatment Standards under § 403.6 and 40 CFR chapter I, subchapter N is a Non-Significant Categorical Industrial User rather than a Significant Industrial User on a finding that the Industrial User never discharges 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 paragraph (6)(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 CFR 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 Pretreatment Monitoring and Reporting Requirements.The design capacity of the municipal wastewater treatment facility is less than 5 MGD; therefore the Permittee will not be required to develop an Approved POTWPretreatment Program. However, in order to determine if development of an Approved POTWPretreatment Program is warranted, the Permittee shall conduct an industrial waste survey, as described in Part II.C.1.Monitoring will be required of the Permittee for the pretreatment requirements at this time. If changes occur monitoring may be required for parameters not currently listed in the permit or current monitoring requirements may be required to be increased to determine the impact of an Industrial User or to investigate sources of pollutant loading. This could include but is not limited to sampling of the influent and effluent of the wastewater treatment plant and within the collection system.Influent and Effluent Monitoring and Reporting Requirements. The Permittee shall sample and analyze both the influent and effluent, for the parameters listed in the Pretreatment Monitoring Table.Pretreatment Monitoring TableParameterMDL Sample TypeFrequencyUnitsTotal Arsenic0.180CompositeQuarterlymg/LTotal Cadmium0.0052Total Chromium0.0166Total Copper0.067Total Lead0.0465Total MolybdenumNATotal Nickel0.376Total Selenium0.0079Total Silver0.0899Total Zinc0.675Total Cyanide0.0093Composite/GrabTotal Mercury0.000022Organic Toxic PollutantsNAYearlyThe minimum detection limit (MDL) of the test method used for analysis must be below this limit, if a test method is not available the Permittee must submit documentation to the Director regarding the method that will be usedIn addition, the Permittee shall analyze the treatment facility influent and effluent for the presence of the toxic pollutants listed in 40 CFR 122 Appendix D Table II. If expected to be present surfactants and 40 CFR 122 Appendix D Table V must be sampled at the frequency stated in the Pretreatment Monitoring Table. The pesticides fraction of Appendix D, Table II is suspended unless pesticides are expected to be present, if present sampling must occurred as stated in the Pretreatment Monitoring Table. The results of the analyses of metals, cyanide and Organic Toxic Pollutants shall be submitted along with the DMR at the end of the earliest possible reporting period. Also, the Permittee must submit a copy of the Organic Toxic Pollutants data to the Pretreatment Coordinator for the Division of Water Quality via email. For Local Limit parameters it is recommended that the most sensitive method be used for analysis. This will determine if the parameter is present and provide removal efficiencies based on actual data rather than literature values. If a parameter load is greater than the allowable head works load, for any pollutant listed in Part II.B.3. or Part I, or a pollutant of concern listed in the Local Limit development document or determined by the Director, the Permittee must report this information to the Pretreatment Coordinator for the Division of Water Quality. If the loading exceeds the allowable headworks load, increase sampling must occur based on the requirements given by the Pretreatment Coordinator for the Division of Water Quality. If needed sampling may need to occur to find the source(s) of the increase. This may include sampling of the collection system. Notification regarding the exceedances of the allowable headworks loading can be provided via email. Industrial Wastes.The "Industrial Waste Survey" or “IWS” as required by Part II.B.1. consists of; Identifying each Industrial User (IU) and determining if the IU is anSIU, Determination of the qualitative and quantitative characteristics of each discharge, and Appropriate production data. The IWS must be maintained and updated with IU information as necessary, to ensure that all IUs are properly permitted or controlled at all times. Updates must be submitted to the Director sixty (60) days following a change to the IWS.Notify all IUs of their obligation to comply with applicable requirements under Subtitles C and D of RCRA.The Permittee must notify the Director of any new introductions by new or existing IUs or any substantial change in pollutants from any major industrial source. Such notice must contain the information described in 1. above, and be forwarded no later than sixty (60) days following the introduction or change. General and Specific Prohibitions. The Permittee must ensure that no IU violates any of the general or specific standards. If an IU is found violating a general or specific standard the Permittee must notify the Director within 24 hours of the event. The general prohibitions and the specific prohibitions apply to each User introducing pollutants into a POTW whether or not the User is subject to other Pretreatment Standards or any national, State or local Pretreatment Requirements. General prohibition Standards. A User may not introduce into a POTW any pollutant(s) which cause Pass Through or Interference. Specific Prohibited Standards. Developed pursuant to Section 307 of The Water Quality Act of 1987 require that under no circumstances shall the Permittee allow introduction of the following pollutants into the waste treatment system from any User (40 CFR 403.5): Pollutants which create a fire or explosion hazard in the publicly owned treatment works (POTW), including, but not limited to, waste-streams 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, non-biodegradable 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; or, Any trucked or hauled pollutants, except at discharge points designated by the POTW. Any pollutant that causes Pass Through or Interference at the POTW. Any prohibited standard which the Permittee has adopted in an ordinance or rule to control IU discharge to the POTW. In addition to the general and specific limitations expressed above, more specific pretreatment limitations have been and will be promulgated for specific industrial categories under Section 307 of the Water Quality Act of 1987 as amended (WQA). (See 40 CFR, Subchapter N, Parts 400 through 500, for specific information). Industrial Users Discharging to the POTW. The Permittee shall provide adequate notice to the Director and the Division of Water QualityPretreatment Coordinator of; Any new introduction of pollutants into the treatment works from an indirect discharger (i.e., Industrial User) which would be subject to Sections 301 or 306 of the WQA if it were directly discharging those pollutants; Any substantial change in the volume or character of pollutants being introduced into the treatment works by a source introducing pollutants into the treatment works at the time of issuance of the permit; and For the purposes of this section, adequate notice shall include information on: The quality and quantity of effluent to be introduced into such treatment works; and, Any anticipated impact of the change on the quantity or quality of effluent to be discharged from such publicly owned treatment works. Any IU that must comply with applicable requirements under Subtitles C and D of RCRA. Change of Conditions.At such time as a specific pretreatment limitation becomes applicable to an Industrial User of the Permittee, the Director may, as appropriate, do the following: Amend the Permittee's UPDES discharge permit to specify the additional pollutant(s) and corresponding effluent limitation(s) consistent with the applicable national pretreatment limitation; Require the Permittee to specify, by ordinance, contract, or other enforceable means, the type of pollutant(s) and the maximum amount which may be discharged to the Permittee's facility for treatment. Such requirement shall be imposed in a manner consistent with the POTW program development requirements of the General Pretreatment Regulations at 40 CFR 403; Require the Permittee to monitor its discharge for any pollutant, which may likely be discharged from the Permittee's facility, should the Industrial User fail to properly pretreat its waste; and/or Require the Permittee to develop an Approved POTW Pretreatment Program. Legal Action. The Director retains, at all times, the right to take legal action against the Industrial User and/or the treatment works, in those cases where a permit violation has occurred because of the failure of an Industrial User to discharge at an acceptable level. If the Permittee has failed to properly delineate maximum acceptable industrial contributor levels, the Director will look primarily to the Permittee as the responsible party. Local Limits.If Local Limits are developed per R317-8-8.5(4)(b) to protect the POTW from Pass Through or Interference, then the POTW must submit limits to DWQ for review and public notice, as required by R317-8-8.5(4)(c). Local Limitsshould be developed in accordance with the latest revision of the EPA Local Limits Development Guidance and per R317-8-8.5. BOILERPLATE FOR PRETREATMENT FACILITIESPretreatment Program Delegation. The Permittee has been delegated primary responsibility for enforcing against discharges prohibited by 40 CFR 403.5 and applying and enforcing any national Pretreatment Standards established by the United States Environmental Protection Agency in accordance with Section 307 (b) and (c) of TheClean Water Act (CWA), as amended by TheWater Quality Act (WQA), of 1987.The Permittee shall implement an Approved POTW Pretreatment Program in accordance with the legal authorities, policies, and procedures described in the Approved POTW Pretreatment Program submission. Such program commits the Permittee to do the following:Carry out inspection, surveillance, and monitoring procedures, which will determine, independent of information supplied by the Industrial User, whether the Industrial Useris in compliance with the pretreatment standards. At a minimum, all Significant Industrial Users (SIUs) shall be inspected and sampled by the Permittee at least once per year;Control through permit, order, or similar means, the contribution to the POTW by each Industrial User to ensure compliance with applicable pretreatment standards and requirements;Require development, as necessary, of compliance schedules by each Industrial User for the installation of control technologies to meet applicable pretreatment standards;Maintain and update Industrial User information as necessary, to ensure that all IUs are properly permitted or controlled at all times;An updated listing of the Industrial Users. This list must provide the following and must be provided to the Director, if requested:Identifying each Industrial User (IU) and determining if the IU is anSIU, Determination of the qualitative and quantitative characteristics of each discharge, and Appropriate production data. Enforce all applicable pretreatment standards and requirements and obtain appropriate remedies for noncompliance by any Industrial User;Annually publish a list of Industrial Users that were determined to be in significant noncompliance during the previous year. The notice must be published before March 28 of the following year;Maintain an adequate revenue structure and staffing level for continued implementation of the Pretreatment Program.Evaluate all SIUs at least once every two years to determine if they need to develop a slug prevention plan. If a slug prevention plan is required, the Permittee shall insure that the plan contains at least the minimum elements required in 40 CFR Part 403.8(f)(2)(v);Establish and enforce specific Local Limits as necessary to implement the provisions of the 40 CFR Parts 403.5(a) and (b), and as required by 40 CFR Part 403.5(c).Notify all IUs of their obligation to comply with applicable requirements under Subtitles C and D of the Resource Conservation and Recovery Act (RCRA); andDevelop, implement, and maintain an enforcement response plan as required by 40 CFR Part 403.8(f)(5) which shall, at a minimum,Describe how the POTW will investigate instances of noncompliance;Describe the types of escalating enforcement responses the POTW will take in response to all anticipated type of Industrial User violations; andDescribe the time periods within which such responses will be taken and identify the POTW staff position(s) responsible for pursuing these actions.Program Updates. The Permittee is required to modify its Pretreatment Program, as necessary, to reflect changes in the regulations of 40 CFR Part 403. Such modifications shall be completed within the time frame set forth by the applicable regulations. Modification of the Approved POTW Pretreatment Program must be done in accordance with the requirements of 40 CFR Part 403.18. Modifications of the approved program which result in less stringent Industrial User requirements shall not be effective until after approval has been granted by the Director.Annual Report. The Permittee shall provide the Division of Water Quality and EPA with an annual report briefly describing the Pretreatment Program activities over the previous calendar year for the Permittee. Reports shall be submitted no later than March 28 of each year. ThePermittee shall submit an annual report, that includes at a minimum, the following: An updated listing of the Industrial Users.A descriptive summary of the compliance activities including numbers of any major enforcement actions, i.e., administrative orders, penalties, civil actions, etc.An assessment of the compliance status of the Industrial Users and the effectiveness of the Pretreatment Program in meeting its needs and objectives.A description of all changes made to the Pretreatment Program. Changes to pollutants of concern to include but not limited to the followingViolations of effluent limits,Summary of pollutants of concern, andExceedances of the maximum headwork loading or industrial loading.Other information as may be determined necessary by the Director.General and Specific Prohibitions. Pretreatment standards (40 CFR 403.5) specifically prohibit the introduction of the following pollutants into the waste treatment system from any source of non-domestic discharge:Pollutants which create a fire or explosion hazard in the publicly owned treatment works (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 Limit established by the POTW in accordance with the requirement of 40 CFR Parts 403.5(c) and 403.5(d).Categorical Standards. In addition to the general and specific limitations expressed in Part D of this section, applicable National Categorical Pretreatment Standards must be met by all Industrial Users of the POTW. These standards are published in the federal regulations at 40 CFR 405 et. seq.Self-Monitoring and Reporting Requirements.Influent and Effluent Monitoring and Reporting Requirements. The Permittee shall sample and analyze both the influent and effluent, for the parameters listed in the Monitoring for Pretreatment Program Table.Monitoring for Pretreatment Program TableParameterReporting LimitSample TypeFrequencyUnitsTotal Arsenic2.27CompositeQuarterlymg/LTotal Cadmium0.0454Total Chromium0.153Total Copper0.552Total Lead0.383Total MolybdenumNATotal Nickel3.73Total Selenium0.0693Total Silver0.472Total Zinc4.34Total Cyanide0.117Composite/GrabTotal Mercury0.000272TTOsNAYearlyA test method must be used that has areporting limitas stated in the column. If a test method is not available the Permittee must submit documentation to the Director regarding the method that will be used.The influent and effluent shall be analyzed by the Permittee for total toxic pollutants (TTOs) listed in 40 CFR Part 122 Appendix D Table II (Organic Toxic Pollutants). The pesticides fraction of Appendix D, Table II is suspended unless pesticides are expected to be present.The results of the analyses of metals, cyanide and toxic organics shall be submitted along with the DMR at the end of the earliest possible reporting period. Also, the Permittee must submit a copy of the toxic organics data to the Pretreatment Coordinator forDWQ via email. In accordance with the requirements of 40 CFR Part 403.5(c), the Permittee shall determine if there is a need to develop or revise its Local Limits in order to implement the general and specific prohibitions of 40 CFR Part 403.5 (a) and Part 403.5 (b). A technical evaluation of the need to develop or revise Local Limits shall be submitted to the Division within 12 months of the effective date of this permit. This evaluation should be conducted in accordance with the latest revision of the EPA Local Limits Development Guidance. If a technical evaluation, reveals that development or revision of Local Limits is necessary, the Permittee shall submit the proposed Local Limits revision to the Division of Water Quality for approval, and after approval implement the new Local Limits, within 12 months of the determination that a revision is necessary.For Local Limit parameters it is recommended that the most sensitive method be used for analysis. This will determine if the parameter is present and provide removal efficiencies based on actual data rather than literature values. If a parameter load is greater than the allowable head works load, for any pollutant listed in Part II.K.1. or Part I, or a pollutant of concern listed in the Local Limit development document, the Permittee must report the information to the Pretreatment Coordinator for theDWQ. If the loading exceeds the allowable headworks load, increase sampling must occur based on the requirements given by the Pretreatment Coordinator for theDWQ. If needed sampling may need to occur to find the source(s) of the increase. This may include sampling of the collection system and/or additional sampling of Industrial Users. Notification regarding the exceedances of the allowable headworks loading can be provided via email.Enforcement Notice. Section19-5-104 of the Act provides that the State may issue a notice to the POTW stating that a determination has been made that appropriate enforcement action must be taken against an Industrial User for noncompliance with any pretreatment requirements within 30 days. The issuance of such notice shall not be construed to limit the authority of the Director.Formal Action. The Director retains the right to take legal action against any Industrial User and/or POTW for those cases where a permit violation has occurred because of the failure of an Industrial User to meet an applicable pretreatment standard. BIOSOLIDS REQUIREMENTS The State of Utah has adopted the 40 CFR 503 federal regulations for the disposal of sewage sludge (biosolids) by reference. However, this facility does not receive, generate, treat or dispose of biosolids. Therefore 40 CFR 503 does not apply. 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. 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 must 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 CFR 503 utilizing sufficiently sensitive test methods unless other test procedures have been specified in this permit. Monitoring must be conducted according to the test procedures listed above unless another method is required under 40 CFR 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 CFR part 136 or required under 40 CFR chapter I, subchapter N or O for the measured pollutant or pollutant parameter as per40 CFR 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 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 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 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 (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 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. 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 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 PartVI.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 above in PartVI.G.2 and below in PartVI.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 PartVI.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 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 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 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 Executive Secretary 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 Executive Secretary 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 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. 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 above or by a duly authorized representative of that person. Changes to authorization. If an authorization under paragraph 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 paragraph VII.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 bySections19-5-117 and 510 of the Clean Water 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 areawide 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. Use the following paragraph if WET testing is required at the facility: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/or b (depending on whether or not the permit requires both acute and chronic WET testing) of 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.Use the following paragraph if there is no WET testing is required at the facility: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. "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. “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< XX% effluent. The XX% 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.