Minnesota Pollution Control AgencySpecific Effluent Monitoring Frequencies for DDT and Heptachlor 26...

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STATE OF MINNESOTA

Municipal Division National Pollutant Discharge Elimination System (NPDES)/

State Disposal System (SDS) Permit MN0049786

PERMITTEE: Western Lake Superior Sanitary District (WLSSD) FACILITY NAME: WLSSD Wastewater Treatment Plant (Facility) RECEIVING WATER: St. Louis River (St. Louis Bay) (Class 2B, 3C, 4A,4B, 5, 6 water) CITY: Duluth COUNTY: St. Louis ISSUANCE DATE: EXPIRATION DATE: The state of Minnesota, on behalf of its citizens through the Minnesota Pollution Control Agency (MPCA), authorizes the Permittee to operate a disposal system at the facility named above and to discharge from this facility to the receiving water named above, in accordance with the requirements of this permit. The goal of this permit is to reduce pollutant levels in point source discharges and protect water quality in accordance with Minnesota and U.S. statutes and rules, including Minn. Stat. chs. 115 and 116, Minn. R. chs. 7001, 7041, 7049 7050, 7052 7053, 7060, 7090, and the U.S. Clean Water Act. This permit is effective on the issuance date identified above, and supersedes the previous permit that was issued for this facility on March 22, 2007, and modified on June 1, 2009. This permit expires at midnight on the expiration date identified above. Signature:

Paul C. Scheirer, Supervisor for The Minnesota Pollution Control Agency Northeast/Northwest Regional Unit Detroit Lakes Office Municipal Division

Submit DMRs to: Questions on this permit? Attention: Discharge Monitoring Reports · For DMR and other permit reporting issues, contact: Minnesota Pollution Control Agency Tamara Dahl at 507-476-4252. 520 Lafayette Rd N · For specific permit requirements or permit compliance St Paul, MN 55155-4194 status, contact: Craig Weingart at 218-302-6640. Submit Other WQ Reports to: · General permit or NPDES program questions, contact: Attention: WQ Submittals Center MPCA, 651-282-6143 or 1-800-657-3938. Minnesota Pollution Control Agency 520 Lafayette Rd N, St Paul, MN 55155-4194

Minnesota Pollution Control Agency

520 Lafayette Rd. N.; St. Paul, MN 55155-4194; 651-296-6300 (voice); 651-282-5332 (TTY) Regional Offices: Duluth · Brainerd · Detroit Lakes · Marshall · Rochester

Equal Opportunity Employer · Printed on recycled paper containing at least 10% fibers from paper recycled by consumers

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Permit MN0049786

Table of Contents Permitted Facility Description 4 Topographic Map of Permitted Facility 7 Summary of Stations and Station Locations 9 Limits and Monitoring Requirements 10 Chapter 1. Variances 14 1. General Requirements – Mercury Variance 14 General Requirements - Year Round Disinfection Variance 15 2. Special Requirements – Compliance Activities 16 Mercury Variance 16 Year Round Disinfection Variance 17 Additional Requirements – Adsorbable Halogenated Compounds (AOX) 18 3. Pollutant Minimization Plan – Mercury 19 Chapter 2. Compliance Schedule - Phosphorus 19

1. Compliance Schedule 19 Chapter 3. Total Residual Oxidants – Domestic 21 1. General Requirements 21 Chapter 4. Whole Effluent Toxicity (WET) Testing – Chronic 21 1. General Requirements 21 2. Species and Procedural Requirements 21 3. Quality Control and Report Submittals 22 4. Positive Toxicity Result for WET 22 5. WET Data and Test Acceptability Criteria (TAC) Submittal 23 6. Whole Effluent Toxicity Requirement Definitions 23 Chapter 5. Facility Specific Definitions 23 1. Definitions 23 Chapter 6. Surface Water Stations 23 1. Requirements for Specific Stations 23 2. Special Requirements 23 3. Discharge Monitoring Reports 24 4. Sampling Location 24 5. Sampling Protocol 24 Chapter 7. Surface Discharge Stations 24 1. Requirements for Specific Stations 24 2. Sampling Location 24 3. Surface Discharges 24 4. Mercury Limits and Monitoring Requirements 24 5. Priority Pollutants – Monitoring Requirements 25 6. Discharge Monitoring Reports 25 7. Reporting Requirements 25 Reporting Requirements, cont’d Large Volume Sampling/Concentration Plan for TCDD-TEQ, PCBs, DDT 25 Pollutant Minimization Plan for TCDD-TEQ, PCBs, DDT 25 TCDD-TEQ Analytical Techniques 26


Permit MN0049786

PCB Monitoring Analytical Techniques 26 Specific Effluent Monitoring Frequencies for DDT and Heptachlor 26 Chapter 8. Waste Stream Stations 26

1. Requirements for Specific Stations 26 2. Sampling Locations 26

Chapter 9. Domestic Wastewater – Mechanical System 26 1. Bypass Structures 26 2. Sanitary Sewer Extension Permit 26 3. Operation Certification 27

Chapter 10. Biosolids Land Application 27 1. Authorization 27 2. Compliance Responsibility 27 3. Notification Requirements 27 4. Pollutant Limits 28 5. Pathogen and Vector Attraction Reduction 28 6. Management Practices 29 7. Monitoring Requirements 20 8. Records 30 9. Reporting Requirements 31

Chapter 11. Pretreatment 32 1. Pretreatment – Definitions 32 2. Exemption 32 3. Pretreatment-Delegated Authority 32 4. Legal Authority 32 5. Industrial Users Inventory 33 6. Local Limits 33 7. Permit Significant Industrial Users 33 8. Compliance Monitoring and Inspections 34 9. Industrial User Reports 34 10. Enforcement Actions 34 11. Data Management and Record Keeping 34 12. Public Participation 34 13. Program Resources 34 14. Program Modifications 35 15. Notification Requirements 35 16. Pretreatment Annual Report 35

Chapter 12. Total Facility Requirements 34 1. General Requirements 34

Chapter 13. Industrial Stormwater – No Exposure Exclusion 46 Submittals and Checklist Requirement 47


Permit MN0049786

Facility Description The Western Lake Superior Sanitary District (WLSSD or Permittee) Wastewater Treatment Plant (WWTP or Facility) is located at E 1/2 of NW 1/4 of Section 4, Township 49 North, Range 14 West, Duluth, St. Louis County, Minnesota. This is a Class A facility. Major components of the Facility include: 1 Collection System with gravity and/or Pressure Sewer 2 Bar Screens - mechanical 2 Grit Removal tanks 4 Activated Sludge tanks- pure oxygen 4 Secondary Clarifiers 4 Flocculation tanks 12 Filters – anthracite coal with backwash 2 Chlorination tanks 1 Dechlorination tank 4 Dissolved Air Flotation systems 2 Anaerobic Digesters - complete mixed, heated – thermophilic 2 Anaerobic Digesters - complete mixed, heated - mesophilic 2 Sludge Storage Tanks 2 Centrifuges 1 Off-site Biosolids Storage MPCA-Approved Biosolids Land Application Sites The application and plans indicate the Facility has a continuous discharge (SD-001) to the St. Louis River (St. Louis River Bay) (a Class 2B, 3C, 4A, 4B, 5, 6 water) which is also designated as an Outstanding International Resource Water (OIRW). The St. Louis River Bay then outlets to Lake Superior, which is classified as a Class 1B, 2A, 3A, 3C, 4A, 4B, 5, 6 water, and is designated as an Outstanding Resource Value Water restricted discharge category. The Facility is designed to treat an average wet weather design flow of 48.4 million gallons per day with a 5-day carbonaceous biological oxygen demand of 300 milligrams per liter (mg/L). Major components of the Facility include one collection system with gravity and/or pressure sewer, two mechanical bar screens, two grit removal tanks, four pure oxygen activated sludge tanks, four secondary clarifiers, four flocculation tanks, 12 mixed-media filters (anthracite/silica/gravel with backwash), two chlorination tanks, one dechlorination tank, four dissolved air flotation systems, two anaerobic digester (complete mixed, heated-thermophilic), two anaerobic digesters (complete mixed, heated-mesophilic), two sludge storage tanks, two centrifuges, one off-site biosolids storage facility (Biosolids Facility) and MPCA-approved biosolids land application sites.


Permit MN0049786

The Polk Street Lift Station (also known as Overflow Point No. 7). Polk Street Station is part of the collection system conveying wastewater to the Facility. The Polk Street Lift Station is a gate-controlled emergency outflow designed into the system to prevent both structural failure as well as upstream sewer overflows to public and residential areas in case of extreme emergency events and is capable of an unauthorized discharge of untreated wastewater. The Polk Street lift station must be manually controlled and locked. WLSSD’s off-site Biosolids Facility is located on Highway 210, approximately one mile west of Interstate 35, in the Northeast quarter ¼ of Section 9, Township 48 North, R 17 West. The address is 1948 Highway 210, Carlton, Carlton County, Minnesota. The Facility site only has on-site biosolids cake storage for approximately 19-22 days. An off-site biosolids storage facility was built to operate in conjunction with the land application program for those instances when weather or site conditions preclude access for land application activities and more space is needed than is available at the Facility. Biosolids are land applied by the Permittee on MPCA-approved sites. Land application sites consists of farmland primarily located in Carlton and St. Louis counties. The off-site Biosolids Facility is sized to accommodate stabilized biosolids. Tractor-trailer combinations of 80,000 gross vehicle weight haul biosolids to and from the Biosolids Facility. The structure is fully enclosed and is covered with a metal roof to the top of the concrete containment walls. Ventilation fans provide ventilation for the Biosolids Facility. The capacity of the Biosolids Facility is based on the following: 41 days of storage based on the year 2020 maximum month production of anaerobically digested biosolids (29 dry tons per day) at 25 percent total solids and 0.85 ton per cubic yard care density. This permit includes a variance for the calculated calendar month average and daily maximum mercury effluent limits, requires interim mercury effluent limits lower than the previous NPDES/SDS permit, additional mercury monitoring and further investigation of potential mercury removal technologies. The Permittee must attain compliance with final mercury limits by the permit expiration date. See Chapter 1. Variance(s), for more information. This permit includes a variance from the year round disinfection requirement for fecal coliform as well, and requires compliance with a fecal coliform limit from April 1 through October 31 of each year, monitoring of fecal coliform at the SD001 station year round and requires intervention disinfection treatment limits if monitoring results for fecal coliform at two drinking water intakes (Duluth, Minnesota – Station SW002, and Superior, Wisconsin – Station SW004) exceed the specified numeric limit. The Permit also requires the Permittee to evaluate alternative disinfection options for fecal coliform by the expiration of the variance. The Permittee must attain compliance with the year round fecal coliform limit by the permit expiration date. Please see Chapter 1. Variances, for more information.


Permit MN0049786

The Permittee’s discharge is required to comply with Wisconsin’s in-stream water quality standard for phosphorus at the reach of the St. Louis River between the Facility outfall and Lake Superior that forms the border between Wisconsin and Minnesota, with shared water bodies. This permit includes a compliance schedule to evaluate the need for additional treatment, and if necessary, install appropriate treatment measures. The Permittee must ensure compliance with the mass effluent limit of 115 kilograms per day (kg/day) calendar month average no later than three years after permit reissuance. Please see Chapter 2. Compliance Schedule, for more information. The location of designated monitoring stations is specified on the "Summary of Stations” page of this permit. The location of the Facility is shown on the "Topographical Map of Permitted Facility” page of this permit. OIRW - The St. Louis River (St. Louis River Bay) receiving water is designated as an OIRW. In accordance with MPCA rules regarding nondegradation for waters that are designated as an OIRW, this designation prohibits any new or expanded point source discharge of Bioaccumulative Substances of Immediate Concern, as defined in Minn. R. 7052.0350, unless a nondegradation demonstration that includes the installation of the best technology in process and treatment is completed under Minn. R. 7052.0320, and approved by the agency under Minn. R. 7052.0330. This Permit also complies with Minn. R. 7053.0275 regarding anti-backsliding. Any point source discharger of sewage, industrial, or other wastes for which a NPDES permit has been issued by the MPCA that contains effluent limits more stringent than those that would be established by Minn. R. 7053.0215 to 7053.0265 shall continue to meet the effluent limits established by the permit, unless the permittee establishes that less stringent effluent limits are allowable pursuant to federal law, under section 402(o) of the Clean Water Act, United States Code, title 33, section 1342.


Permit MN0049786

WLSSD WWTF Location Map


Permit MN0049786

WLSSD WWTF Schematic

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Permit Issued:

Permit Expires: WLSSD WWTP

Summary of Stations

Permit #: MN0049786

Surface Discharge Stations Station Type of Station Local Name PLS LocationSD001 Effluent To Surface Water 001 Main Facility Discharge East Half of the NW Quarter of Section 4, Township 49 North,

Range 14 West

Surface Water Stations Station Type of Station Local Name PLS LocationSW002 Lake/Reservoir Duluth, MN Drinking Water Intake

SW004 Lake/Reservoir Superior, Wisc. Drinking WaterIntake

Waste Stream Stations Station Type of Station Local Name PLS LocationWS001 Influent Waste Influent waste stream East Half of the NW Quarter of Section 4, Township 49 North,

Range 14 West

WS002 Internal Waste Stream Treated Effluent Prior to Disinfection East Half of the NW Quarter of Section 4, Township 49 North,Range 14 West

WLSSD WWTPLimits and Monitoring Requirements

DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFTThe Permittee shall comply with the limits and monitoring requirements as specified below.

Permit Issued:

Permit Expires: Permit #: MN0049786

SD 001

Parameter Limit Units Limit Type Effective Period Sample Type Frequency Notes2,3,7,8-Tetrachlorodibenzo-p-dioxin (TCDD)

0.0014 mg/day Calendar Quarter Average Jan-Dec 5-DayComposite

2 x Quarter 16

2,3,7,8-Tetrachlorodibenzo-p-dioxin (TCDD)

0.0043 pg/L Calendar Quarter Average Jan-Dec 5-DayComposite

2 x Quarter 16


0.0008 mg/day Calendar QuarterMaximum

Jan-Dec 5-DayComposite

2 x Quarter 16


0.0075 pg/L Calendar QuarterMaximum


2 x Quarter 16

BOD, Carbonaceous 05 Day (20 Deg C)

4580 kg/day Calendar Month Average Jan-Dec 24-Hour FlowComposite

3 x Week


25 mg/L Calendar Month Average Jan-Dec 24-Hour FlowComposite

3 x Week


7318 kg/day Maximum Calendar WeekAverage

Jan-Dec 24-Hour FlowComposite

3 x Week


40 mg/L Maximum Calendar WeekAverage


3 x Week

BOD, Carbonaceous 05 Day (20 Deg C) Percent Removal

85 % Minimum Calendar MonthAverage

Jan-Dec Calculation 3 x Week

Chloride, Total MonitorOnly

mg/L Calendar QuarterMaximum


1 x Quarter 1

Chlorine, Total Residual 0.038 mg/L Daily Maximum Jan-Dec Grab 1 x Day 26

Chloroform MonitorOnly

ug/L Calendar Year Maximum Jan-Dec Grab 2 x Year 9

Chronic Toxicity Testing 2.5 TUc Annual WET Testing Jan-Dec, effectiveJanuary 01, 2015

24-Hour FlowComposite

1 x Year

Chronic Toxicity Testing 2.5 TUc Annual WET Testing Jan-Dec, effectiveApril 01, 2015

24-Hour FlowComposite

1 x Year

Copper, Total (as Cu) MonitorOnly

ug/L Calendar QuarterMaximum


1 x Quarter 6

DDT (p,p'-Dichlorodiphenyltrichloroethane)

MonitorOnly



1 x Quarter 7

Dieldrin MonitorOnly



1 x Quarter 7

Escherichia coli 126 #100ml Calendar Month GeometricMean

Apr-Oct Grab 3 x Week

Fecal Coliform, MPN or Membrane Filter 44.5C

MonitorOnly

#100ml Calendar Month GeometricMean

Nov-Mar Grab 3 x Week 17

Fecal Coliform, MPN or Membrane Filter 44.5C

200 #100ml Calendar Month GeometricMean

Apr-Oct Grab 3 x Week 18

Flow MonitorOnly

mgd Calendar Month Average Jan-Dec Measurement,Continuous

1 x Day

Flow MonitorOnly

mgd Calendar Month Maximum Jan-Dec Measurement,Continuous

1 x Day

Flow MonitorOnly

MG Calendar Month Total Jan-Dec Measurement,Continuous

1 x Day

Halogens, Total Adsorbable Organic (AOX)

MonitorOnly



1 x Quarter 24

Heptachlor MonitorOnly



1 x Quarter

Lead, Total (as Pb) MonitorOnly

ug/L Calendar Year Maximum Jan-Dec 24-Hour FlowComposite

2 x Year 11

Mercury, Dissolved (as Hg) MonitorOnly

ng/L Calendar Month Maximum Jan-Dec Grab 2 x Month 20

Mercury, Total (as Hg) 1062 mg/day Calendar Month Average Jan-Dec Grab 2 x Month 19



Permit Issued:


SD 001

Parameter Limit Units Limit Type Effective Period Sample Type Frequency NotesMercury, Total (as Hg) 5.8 ng/L Calendar Month Average Jan-Dec Grab 2 x Month 19

Mercury, Total (as Hg) 1355 mg/day Daily Maximum Jan-Dec Grab 2 x Month 19

Mercury, Total (as Hg) 7.4 ng/L Daily Maximum Jan-Dec Grab 2 x Month 19

Nitrite Plus Nitrate, Total (as N) MonitorOnly

mg/L Calendar Month Average Apr, Sep 24-Hour FlowComposite

1 x Month 10

Nitrogen, Ammonia, Total (as N) MonitorOnly

mg/L Calendar Month Average Jan-Dec 24-Hour FlowComposite

1 x Month

Nitrogen, Kjeldahl, Total MonitorOnly


1 x Month 10

Oxygen, Dissolved MonitorOnly

mg/L Calendar Month Minimum Jan-Dec Grab 1 x Day 2

PCBs (Polychlorinated biphenyls ) 6.41 mg/day Calendar Month Average Jan-Dec 5-DayComposite

2 x Month

PCBs (Polychlorinated biphenyls ) 0.035 ng/L Calendar Month Average Jan-Dec 5-DayComposite

2 x Month 8

PCBs (Polychlorinated biphenyls ) 11.17 mg/day Daily Maximum Jan-Dec 5-DayComposite

2 x Month

PCBs (Polychlorinated biphenyls ) 0.061 ng/L Daily Maximum Jan-Dec 5-DayComposite

2 x Month 8

pH 9.0 SU Calendar Month Maximum Jan-Dec Grab 1 x Day 2

pH 6.0 SU Calendar Month Minimum Jan-Dec Grab 1 x Day 2

Phosphorus, Total (as P) 182 kg/day Calendar Month Average Jan-Dec 24-Hour FlowComposite

1 x Week 22

Phosphorus, Total (as P) 1.0 mg/L Calendar Month Average Jan-Dec 24-Hour FlowComposite

1 x Week 23

Solids, Total Dissolved (TDS) MonitorOnly


1 x Month 10

Solids, Total Suspended (TSS) 5500 kg/day Calendar Month Average Jan-Dec 24-Hour FlowComposite

3 x Week

Solids, Total Suspended (TSS) 30 mg/L Calendar Month Average Jan-Dec 24-Hour FlowComposite

3 x Week

Solids, Total Suspended (TSS) 8233 kg/day Maximum Calendar WeekAverage


3 x Week

Solids, Total Suspended (TSS) 45 mg/L Maximum Calendar WeekAverage


3 x Week

Solids, Total Suspended (TSS) Percent Removal

85 % Minimum Calendar MonthAverage

Jan-Dec Calculation 3 x Week

Solids, Total Suspended (TSS), grab (Mercury)

MonitorOnly

mg/L Calendar Month Average Jan-Dec Grab 2 x Month 21

Sulfate, Total (as SO4) MonitorOnly


1 x Month

Temperature, Water (C) MonitorOnly

Deg C Calendar Month Maximum Jan-Dec Measurement,Continuous

1 x Day


Deg C Calendar Month Minimum Jan-Dec Measurement,Continuous

1 x Day

Toxaphene MonitorOnly



1 x Quarter



Permit Issued:


SW 002, SW 004

Parameter Limit Units Limit Type Effective Period Sample Type Frequency NotesFecal Coliform, MPN or Membrane Filter 44.5C

100 #100ml Instantaneous MaximumIntervention

Nov-Mar Grab 1 x Day 5

WS 001

Parameter Limit Units Limit Type Effective Period Sample Type Frequency Notes2,3,7,8-Tetrachlorodibenzo-p-dioxin (TCDD)

MonitorOnly

pg/L Calendar QuarterMaximum


1 x Quarter 3


MonitorOnly


3 x Week


MonitorOnly

mg/L Calendar Month Maximum Jan-Dec 24-Hour FlowComposite

3 x Week

DDT (p,p'-Dichlorodiphenyltrichloroethane)

MonitorOnly



1 x Quarter 13

Flow MonitorOnly

mgd Calendar Month Average Jan-Dec Measurement,Continuous

1 x Day

Flow MonitorOnly

mgd Calendar Month Maximum Jan-Dec Measurement,Continuous

1 x Day

Flow MonitorOnly

MG Calendar Month Total Jan-Dec Measurement,Continuous

1 x Day

Halogens, Total Adsorbable Organic (AOX)

MonitorOnly

kg/day Calendar QuarterMaximum


1 x Quarter 12

Mercury, Dissolved (as Hg) MonitorOnly

ng/L Calendar Month Average Jan-Dec Grab 2 x Month 14

Mercury, Total (as Hg) MonitorOnly

ng/L Calendar Month Average Jan-Dec Grab 2 x Month 15

PCBs (Polychlorinated biphenyls ) MonitorOnly


Jan-Dec Grab 1 x Quarter 4

pH MonitorOnly

SU Calendar Month Maximum Jan-Dec Grab 1 x Day 2

pH MonitorOnly

SU Calendar Month Minimum Jan-Dec Grab 1 x Day 2

Phosphorus, Total (as P) MonitorOnly


1 x Week

Precipitation MonitorOnly

in Calendar Month Total Jan-Dec Measurement 1 x Day

Solids, Total Suspended (TSS) MonitorOnly


3 x Week

Solids, Total Suspended (TSS) MonitorOnly

mg/L Calendar Month Maximum Jan-Dec 24-Hour FlowComposite

3 x Week

Solids, Total Suspended (TSS), grab (Mercury)

MonitorOnly

mg/L Calendar Month Average Jan, Mar, May, Jul,Aug, Oct, Dec

Grab 2 x Month 27


Deg C Instantaneous Maximum Jan-Dec Measurement,Continuous

1 x Day


Deg C Instantaneous Minimum Jan-Dec Measurement,Continuous

1 x Day

WS 002

Parameter Limit Units Limit Type Effective Period Sample Type Frequency NotesHalogens, Total Adsorbable Organic (AOX)

MonitorOnly



1 x Quarter 25



Permit Issued:


Notes:1 -- After 3 years of monitoring, WLSSD may submit a written request to the MPCA for reduction in the frequency of chloride monitoring.2 -- Analyze immediately.3 -- Based on EPA analytical method 1613 (10 pg/L). Per TCDD-TEQ Pollutant Minimization Plan required per Minn. R. 7052.0250, subp. 4.4 -- Based on EPA analytical method 608 (0.2 ug/l detection level). Per PCB Pollutant Minimization Plan as requried in Minn. R. 7052.0250, subpt. 4.5 -- Disinfection of plant effluent required if surface water station exceeds intervention limit for fecal coliform, excluding weekends and holidays. SeeChapter 1. Variance for Fecal Coliform for additional information.6 -- EPA Test Method 220.27 -- EPA Test Method 608.8 -- EPA Test Method 608. Sample type shall be a five-day composite.9 -- EPA Test Method 624. Monitoring shall be twice per calendar year.10 -- Monitoring shall be twice per calendar year, once in April and once in September.11 -- Monitoring shall be twice per calender year.12 -- Part of Fecal Coliform Variance Conditions. See Chapter 1. Fecal Coliform Variance.13 -- Per DDT Pollutant Minimization Plan that follows requirements of Minn. R. 7052.0250, subpt. 4.14 -- Required per Mercury PMP. Take sample at same time as effluent sampling per Mercury PMP.15 -- Required per Mercury PMP. Take sample at same time as effluent sampling per Mercury PMP.16 -- Requirement is to sample two times within one month per quarter. Compliance at minimum level based on EPA Test Method 1613 (10 pg/l).17 -- See Chapter 1 for Variance and Final Effluent Limit Requirements. Limit applicable during November 1 through March 31, but monitoring stillrequired.18 -- See Chapter 1 for Variance and Final Effluent Limits requirements. Seasonal effluent limit rather than year-round19 -- See Chapter 1 for Variance and Final Mercury Limit Requirements. Use EPA method 1631,with clean techniques method 1669, and any revisionsto those methods. Please refer to Chapter 4 Mercury Minimization plan for further information.20 -- Take at same time as TSS grab sample.21 -- Take sample at same time as total and dissolved mercury samples.22 -- The Permittee shall be required to meet a final limit of 115 kg/day. See Chapter 2. Compliance Schedule for specific compliance schedulerequirements..23 -- This limit shall be attained in accordance with the requirements in Chapter 2. Compliance Schedule for additional requirements.24 -- Use EPA Method 1650. See 40 CFR 430.01. See Surface Discharge Station Requirements Chapter for additional requirements for this monitoring.25 -- Use EPA method 1650. See 40 CFR 430.01. See surface Discharge Station Requriements, additional requirements for this parameter.26 -- Whenever chlorine is added. Analyze immediately. This means within 15 minutes or less of sample collection. A Method Detection Limit and aReporting Limit must be established for this parameter. The Reporting Limit cannot be greater than 0.1 mg/L.27 -- required per Mercury PMP. Take sample at same time as effluent sampling per Mercury PMP.


WLSSD WWTPPermit Issued:

Permit Expires:

Permit #: MN0049786

Chapter 1. Variance(s)

1. General Requirements

Variance for Mercury (Water Quality Standard)

The WLSSD Facility, NPDES/SDS Permit No. MN0049786, has applied for a variance from the mercury waterquality standard as found in Minn. R. 7052, and the corresponding final effluent limits developed by theMinnesota Pollution Control Agency.

The United States Environmental Protection Agency (U.S. EPA) authorizes States and Tribes to include varianceprovisions in their water quality standards (40 CFR 131.13). In accordance with Minn. R. 7000.7000, permittedfacilities are authorized to apply for a variance from standards. A variance is a short-term exemption frommeeting certain otherwise applicable water quality standards. The WLSSD Facility, NPDES/SDS Permit No.MN0049786, has applied for a variance on the basis of Minn. R. 7052.0280, subp. 3 (6).

The MPCA staff has made the determination that the Permittee has satisfied the conditions necessary to grant avariance and as a result supports the inclusion of the mercury variance in the permit. The mercury variance iseffective until 5 years after the effective date of the permit.

1.1

The MPCA staff has made the determination to assign alternate interim effluent limits to SD001 for mercury of5.8 ng/l calendar month average, and 7.4 ng/l daily maximum, along with the correlating mass limits of 1062milligrams per day (mg/day) calendar month average, and 1355 mg/day daily maximum.

The alternate interim effluent limits are calculated and intended to result in a discharge of the highest qualitywastewater possible throughout the variance term. The alternate effluent limits are included in the Limits andMonitoring section of the permit.

1.2

The Permittee shall be required to meet the final effluent limits for mercury on the permit expiration date: 1.8ng/l calendar month average, and 3.2 ng/l daily maximum, and the corresponding mass limits of 329 mg/daycalendar month average, and 586 mg/day daily maximum. The final limits have been developed utilizing themercury water quality standard of 1.3 ng/L as found in Minn. R. 7052.0200, reasonable potential factors(7052.0220), and compliance schedules for existing dischargers (Minn. R. 7052.0260).

1.3

The Permittee shall maintain compliance with the conditions of the mercury variance as outlined in this permitand Minn. R. 7000.7000 & 7052.0280. The MPCA reserves the right to review and suspend the mercuryvariance if the Permittee demonstrates noncompliance with any of the conditions of the mercury variance.

1.4

In addition to the provisions for modifying a permit as found in Minn. R. 7001.0170, the MPCA may reopen andmodify the permit based on MPCA triennial water quality standards revisions applicable to the mercury variance.

1.5



Permit Expires:

Permit #: MN0049786



Variance for Year Round Disinfection Requirements/Fecal Coliform Effluent Limits

The WLSSD Facility, NPDES/SDS Permit No. MN0049786, has applied for a variance from the year rounddisinfection requirement for fecal coliform as found in Minn. R. 7053.0215, subpart 1, where the effluent isdischarged 25 miles or less upstream of a water intake supplying a potable water system, the reduction to thestated value is required all year.

The WLSSD Facility, NPDES/SDS Permit No. MN0049786, has applied for a variance on the basis of Minn. R.7053.0195, subp. 1, exceptional circumstances by which strict enforcement of the limit would cause unduehardship, the discharge is necessary for public health, safety, or welfare, strict conformity with the limit isunreasonable, impractical, or not feasible.

The MPCA has determined that the Permittee has satisfied the conditions necessary to grant a variance and as aresult supports the inclusion of the variance in the permit. The variance effective until 5 years after the effectivedate of the permit.

1.6

The variance for the year round disinfection requirement for fecal coliform is applicable during the time periodof November 1 through March 31 of each year. The Permittee shall be required to meet final effluent limits forfecal coliform of 200 organisms per 100 milliliters (org/100 mL)/100 as a monthly geometric mean year roundon the permit expiration date.

1.7

As part of the variance from the year round disinfection requirement for fecal coliform of 200 org/100 mL as ageometric mean, the Permittee is not required to meet the fecal coliform effluent limit of 200 org/100 mL as ageometric mean at SD001 during the time period November 1 through March 31 of each year.

However, the Permittee is required to monitor fecal coliform three times per week at SD001 during the timeperiod of November 1 through March of each year.

The Permittee is also required to monitor fecal coliform daily (except for weekends and holidays) and meetadditional intervention limits for fecal coliform, of 100 org/100 m/L at SW002 and also SW004 (the Duluth andCity of Superior potable water intakes, respectively), during the time period of November 1 through March 31 ofeach year.

This means that if the fecal coliform monitoring results at either SW002 or SW004 show an exceedance of the100 org/100 mL intervention limit, the Permittee shall be required to begin and continue disinfection of theSurface Discharge SD001, until monitoring results at both SW002 and SW004 are below 100 org/100 mL.

1.8

The Permittee shall maintain compliance with the conditions of the variance from the disinfection requirementfor fecal coliform as outlined in this permit and Minn. R. 7000.7000 and 7052.0280. The MPCA reserves theright to review and suspend the fecal coliform disinfection variance if the Permittee demonstrates noncompliancewith any of the conditions of the variance.

1.9

In addition to the provisions for modifying the permit as found in Minn. R. 7001.0170, tthe MPCA may reopenand modify the permit, based on MPCA rule review and revisions applicable to the year round disinfectionrequirement for fecal coliform.

1.10



Permit Expires:

Permit #: MN0049786


2. Special Requirements - Compliance Activities

Mercury Compliance Schedule

The Permittee shall submit a Mercury Compliance Plan to the MPCA by 180 days after reissuance of this permit.The Mercury Compliance Plan shall include:

a) a schedule for implementation of an appropriately scaled pilot test of membrane filtration in conjunction withchemical addition, for the removal of mercury in the effluent. The membrane filtration with chemical additionpilot implementation schedule shall include, at a minimum: a description of the pilot test and a schedule for thesubmittal of the results and analysis of the pilot test results. The submittall of the results and analysis of the pilottest results shall be submitted no later than 365 days before expiration of this permit.

b) a separate schedule for the implementation of an appropriately scaled pilot test of Granular Activated Carbon(GAC) for removal of mercury in the effluent. The GAC pilot test implementation schedule shall also include, ata minimum: a description and schedule of the pilot test, and a schedule for submittal of the results and analysisof the pilot test. The results and analysis of the GAC pilot test shall be submitted to the MPCA no later than 365days before expiration of this permit.

The above two tests may be conducted in consecutive order.

c)a continued evaluation of potential new/emerging mercury treatment technologies, and if determinedtechnically feasible, the economic feasilibity of those technologies, in order to meet the calculated effluentlimitation sufficient to meet the underlying mercury water quality standard or criterion (final limit); and

d)a schedule of any additional activities that the Permittee will complete within the permit term to attaincompliance with the final limit by expiration of this permit as identified in Chapter 1, Section 1, 1.3 of thispermit.

2.1



Permit Expires:

Permit #: MN0049786



The Permittee shall submit annual progress reports for mercury, following MPCA approval of the MercuryCompliance Plan. The annual progress reports shall be submitted to the MPCA by January 31 of each calendaryear and shall include, but is not limited to:a) Information on any emerging technologies that might be available for treatment;b) An evaluation of any changes to the existing technology options;c) Information and updates on any completed or upcoming pilot projects;d) A summary of all of the activities that the Permittee completed during the 12 month period; ande) A schedule of activities the Permittee will complete within the next 12 month period.

2.2

All variances are subject to review every five years (Minn. R. 7000.7000 and 7052.0280). One year prior topermit expiration, the Permittee shall, in concert with the MPCA, determine if exhaustive implementation of theMercury Compliance Plan will lead to compliance with the calculated effluent limitation sufficient to meet theunderlying water quality standard or criterion. If both parties (Permittee and MPCA) agree that compliance is notfeasible, the Permittee may submit an application for a variance no later than 180 days prior to permit expiration.

2.3

The permit shall submit notification of attainment or non-attainment of the final mercury limits to the MPCA,within 14 days after the expected date of attainment of the final mercury limit.

2.4

Disinfection Variance - Seasonal Disinfection Limits and Drinking Water Intake Intervention Limits

As part of the Year Round Disinfection Variance, the Permittee is required to adhere to the following conditions:2.5

The Permittee is required to monitor and meet the fecal coliform 200 org/100 mL as a calendar month geometricmean at the Surface Discharge Station (SD001), during the time period of April through October of eachcalendar year.

Although the Permittee will not be required to meet a fecal coliform 200 org/100 mL calendar month geometricmean effluent limit during the time period of November through March of each year, the Permittee will berequired to monitor the fecal coliform (calendar month geometric mean), at least three times per week(excluding weekends and holidays) at SD001.

During the time period of November through March, the Permittee will also be required to monitor and meetintervention limits for fecal coliform at the Duluth and city of Superior, WI drinking water intakes (SW002 andSW004, respectively). The WLSSD shall daily (with the exception of weekends and holidays)monitor and meetintervention limits of fecal coliform of 100 org/100 mL at both SW002 and SW004.

If daily monitoring results at either SW002 or SW004 shows an exceedance of fecal coliform, of 100 org/100 mLor more, the Permittee is required to initiate and continue disinfection of the wastewater effluent at SD001, untildaily monitoring results at both SW002 and SW004 are below 100 org/100 mL.

2.6

Disinfection Compliance Plan



Permit Expires:

Permit #: MN0049786



The Permittee must demonstrate the progress toward effective year round disinfection of fecal coliform andelimination of the need for the disinfection variance, by submitting a Disinfection Compliance Plan for MPCAreview and approval. The Disinfection Compliance Plan must be submitted to the MPCA within 180 days ofissuance of this permit. The Disinfection Compliance Plan shall include:

a) a schedule to evaluate alternative forms of disinfection that can reduce or eliminate the need for chlorination,thus reducing and/or eliminating the generation of chlorinated organic compounds in the wastewater effluent;

c) the evaluation of alternative forms of disinfection of wastewater should include, but is not limited to:ultraviolet disinfection, separate pretreatment of wastewater influent, reverse osmosis/membrane filtrationwithout and with chemical addition, and any combination thereof;

d) the evaluation of alternative forms of disinfection shall also include a financial feasibility analysis for theconstruction, operation and maintenance of each alternative disinfection method evaluated.

Once the MPCA has reviewed and approved the Disinfection Compliance Plan, the Permittee shall proceed withthe requirements of the plan, and submit the results of the evaluation of alternative forms of disinfection ofwastewater including the completed financial feasibility analysis for each alternative, no later than 365 daysbefore expiration of this permit.

The Permittee is required to submit progress reports within the first and second calendar year of MPCAapproval's of the Disinfection Compliance Plan.

2.7

Submit a Disinfection Compliance Plan to the MPCA within 180 days of permit issuance.2.8

Submit a Disinfection Compliance Plan Progress Report within one year of permit issuance.2.9

Submit a Disinfection Compliance Plan Progress report within two years of permit issuance.2.10

Additional Monitoring Requirement for Adsorbable Halogenated Compounds (AOX)

Although the generation of chlorinated organic compounds may not be identical to AOX, AOX will be used as asurrogate to measure increases as well as decreases of chlorinated organic compounds. This will beaccomplished through monitoring of: untreated wastewater influent to the WLSSD Facility, the treatedwastewater at the WLSSD Facility prior to disinfection with chlorination, and the effluent both during periods ofdisinfection with chlorination, and when disinfection with chlorination is not occuring.

2.11

Therefore, the Permittee shall conduct quarterly monitoring for AOX for wastewater influent (at monitoringstation WS001), treated wastewater prior to the point of disinfection (WS002), and at the Facility dischargelocation after the point of disinfection (SD001).

The specific monitoring requirements are contained in the limits and monitoring section of this Permit. If thePermittee monitors for AOX at any/all of the above stations more frequently than required by this Permit, thePermittee must submit the results of the additional AOX monitoring.

2.12

3. Pollutant Minimization Plan

Mercury Minimization Plan



Permit Expires:

Permit #: MN0049786


3. Pollutant Minimization Plan

The Permittee is required to complete and submit an updated Mercury Pollutant Minimization Plan (MMP) to theMPCA as detailed in this section. The purpose of the MMP is to evaluate collection and treatment systems todetermine possible sources of mercury as well as potential mercury reduction options with the goal of reducingall sources of the mercury to maintain the effluent at or below the calculated effluent limitation sufficient to meetthe underlying water quality standard or criterion. Guidelines for developing the MMP are detailed in thissection.

The Permittee shall submit the MMP or updated MMP to the MPCA by 180 days after permit issuance. At aminimum, the MMP or updated MMP must include the following:

a) a summary of mercury influent and effluent concentrations and biosolids monitoring data using the mostrecent five years of monitoring data, if available;

b) identification of existing and potential sources of mercury concentrations and/or loading to the facility. Asappropriate for your facility, you should consider residential, institutional, municipal, and commercial sources(such as dental clinics, hospitals, medical clinics, nursing homes, schools, laundries, and industries with potentialfor mercury contributions). You should also consider other influent mercury sources, such as stormwater inputs,ground water (inflow & infiltration) inputs, lift station components, and waste streams or sewer tributaries to thewastewater treatment facility.

c) an evaluation of past and present Facility operations to determine those operating procedures that maximizemercury removal.

d) A summary of any mercury reduction activities implemented during the last five years.e) A plan to implement mercury management and reduction measures during the next five years.

3.1

The Permittee shall submit an annual MMP update following MPCA approval of the MMP. The annual MMPupdate shall be submitted to the MPCA by March 31 of each calendar year and shall include, but is not limited to:a) All minimization program monitoring results for the previous year.b) A list of potential sources of mercury.c) A summary of all actions taken to meet the final effluent limit for mercury.d) Any updates to the internal process control strategy.e) Any updates specific to the control strategy, and mercury sampling and reduction schedules specific to yourFacility.

3.2

The specific discharge limits for mercury assigned to this Facility are detailed in the limits and monitoringsection of this Permit. Information gained through completion of the MMP can be used to reduce mercuryconcentrations to achieve the underlying water quality standard or criterion. The Permittee should considerselecting activities based on the potential of those activities to reduce mercury loadings to the Facility.

3.3

Chapter 2. Compliance Schedule

1. Compliance Schedule

Phosphorus Compliance Schedule

The Permittee is required to meet applicable phosphorus water quality standards, including those adopted byanother state with shared water bodies. The Permittee is therefore required to meet the State of Wisconsin'sadopted in-stream numeric water quality standard of 0.1 milligrams per liter (mg/L) for the reach of the St. LouisRiver Bay, where the River enters Lake Superior between Minnesota Point and Wisconsin Point.

1.1



Permit Expires:

Permit #: MN0049786

Chapter 2. Compliance Schedule

1. Compliance Schedule

The Permittee is required to complete the following activities for progress in attaining of the final phosphorusmass and concentration effluent limits no later than three years after the permit issuance datet:

a) Prepare and submit a Technical Needs Report (Report) to the MPCA for review, no later than one year afterdate of permit reissuance, that indicates whether a modification to the WLSSD Facility (construction for physicaland/or chemical phosphorus removal) will be necessary to meet the final phosphorus mass limit. This reportshall include justification as to technical reasons for construction.

b) If the Report indicates no need for construction for physical and/or chemical phosphorus removal to attainfinal mass and concentration limits, the final phosphorus mass and concentration effluent limits becomeseffective on a date designated by the MPCA, but no later than two years after the date of permit reissuance.

c) If the report indicates need for construction for physical and/or chemical phosphorus removal to attain the finalphosphorus mass and concentration limits, AND the MPCA concurs with the need, WLSSD must submit plansand specifications and/or a chemical addition approval request,within two years of date of permit reissuancealong with a schedule for implementation, in order to attain compliance with the final phosphorus mass andconcentration limits. The MPCA must give prior written approval to whatever is planned to be constructed and/orutilized in order to attain compliance with the final phosphorus mass and concentration limits.

d) WLSSD shall attain compliance with the final phosphorus mass limit no later than three years after the date ofissuance of this permit.

e) submit documentation of the attainment of the final phosphorus mass and concentration effluent limits by 14days after attainment of limits.

1.2

The MPCA has made the determination that, in order for the Permittee to meet the Wisconsin adopted in-streamnumeric water quality standard of 0.1 mg/L for the reach of the St. Louis River Bay where it enters LakeSuperior between Minnesota Point and Wisconsin Point, the Permittee must meet both mass and concentrationfinal phosphorus effluent limits of 115 kilograms per day (kg/day) and 1 mg/l, calendar month average atdischarge station SD001.

The Permittee shall be required to meet both the mass and concentration calendar month phosphorus effluents nolater than three years after the date of issuance of this permit.

1.3

Chapter 3. Total Residual Oxidants - Domestic


"Daily Maximum" for Total Residual Chlorine (TRC) concentration limit means:

a. The value of a single sample in a 24-hour period meets the limit if the concentration of TRC in that sample is0.038 mg/L or less, or below the Reportable Limit (RL).

b. If the concentration of TRC in the first sample is greater than 0.038 mg/L or greater than the RL, reporting theaverage of two to twelve samples analyzed in a 24-hour period is allowed. The second sample must be taken twohours after the first sample and subsequent samples are to be taken at one-hour intervals thereafter, not to exceeda total of twelve samples in a 24-hour period. Values below the Reportable Limit for TRC are assumed to bezero for averaging purposes only. Whenever daily TRC values are averaged, the 0.038 mg/L limit must be metand the average value must be reported, not < the RL.

c. The average value of multiple daily TRC effluent sample analyses must meet the 0.038 mg/L limit to be incompliance.

1.1



Permit Expires:

Permit #: MN0049786

Chapter 3. Total Residual Oxidants - Domestic


Total Residual Chlorine must be analyzed immediately. This means within 15 minutes or less of samplecollection. (40 CFR Part 136 and Standard Methods for the Examination of Water and Wastewater, LatestEdition)

1.2

A Method Detection Limit (MDL) must be established for this parameter.1.3

The Reportable Limit must be established for this parameter. This should be based on the Method DetectionLimit and laboratory, analyst, and equipment used in the analysis. The Reportable Limit cannot be greater than0.1 mg/L.

1.4

The Method Detection Limit and Reportable Limit should be reassessed when the method, equipment,laboratory, or analyst changes.

1.5

Monitoring results below the Reportable Limit should be reported as "<" the Reportable Limit. For example, ifthe Reportable Limit is 0.01 mg/L and a parameter is not detected at a value of 0.01 mg/L or greater, theconcentration shall be reported as "<0.01mg/L." The symbol "<" means "less than."

1.6

The equipment should be checked against a known standard at least monthly.1.7

Chapter 4. Whole Effluent Toxicity (WET) Testing - Chronic


This permit includes a chronic whole effluent toxicity limit of 2.5 TUc for Outfall SD001. A violation of the 2.5TUc limit constitutes a violation of the permit.

1.1

The Permittee shall conduct annual chronic toxicity test batteries on Outfall SD001 beginning with the issuancedate of the permit. The first set of annual results are due the last day of the first full calendar quarter followingpermit issuance and annually thereafter. (For example, if the permit is issued April 28, the test results are due onor before September 30 of each year.)

1.2

Any test that exceeds 2.5 TUc shall be re-tested according to the Positive Toxicity Results requirement(s) thatfollow to determine if toxicity is still present above 2.5 TUc (RWC< 40.3).

1.3

2. Species and Procedural Requirements

Any test that is begun with an effluent sample that exceeds a total ammonia concentration of 5 mg/l shall use thecarbon dioxide-controlled atmosphere technique to control pH drift.

2.1

Test organisms for each test battery shall include the fathead minnow (Pimephales promelas)-Method 1000.0 andCeriodaphnia dubia-Method 1002.0.

2.2

Static renewal chronic serial dilution tests of the effluent shall consist of a control, 12, 25, 50, 75 and and 100%effluent. A 40% Receiving Water Concentration (RWC) may be substituted for the 50% effluent concentrationor provided in addition to the above dilution series.

2.3

All effluent samples shall be flow proportioned, 24-hour composites . Test solutions shall be renewed daily.Testing of the effluent shall begin within 36 hours of sample collection. Receiving water collected outside of theinfluence of discharge shall be used for dilution and controls. Chronic toxicity tests shall be conducted inaccordance with procedures outlined in EPA-821-R-02-013 "Short-term Methods for Measuring the ChronicToxicity of Effluents and Receiving Waters to Freshwater Organisms" - Fourth Edition (Chronic Manual) andany revisions to the Manual.

2.4

Any other circumstances not addressed in the previous requirements or that require deviation from that specifiedin the previous requirements shall first be approved by the MPCA.

2.5



Permit Expires:

Permit #: MN0049786


3. Quality Control and Report Submittals

Any test that does not meet quality control measures, or results which the Permittee believes reflect an artifact oftesting shall be repeated within two (2) weeks. These reports shall contain information consistent with the reportpreparation section of the Chronic Manual. The MPCA shall make the final determination regarding testvalidity.

3.1

4. Positive Toxicity Result for WET

Should a test exceed 2.5 TUc for whole effluent toxicity based on results from the most sensitive test species, thePermittee shall conduct two repeat test batteries on all species. The repeat tests are to be completed withinforty-five (45) days after completion of the positive test. These tests will be used to determine if toxicityexceeding 2.5 TUc remains present for any test species. For both retests, if no toxicity is present above 2.5 TUcfor any test species, the Permittee shall return to the test frequency specified by the permit. If either of the repeattest batteries indicate toxicity above 2.5 TUc for any test species, the Permittee shall submit for MPCA review aplan for conducting a Toxicity Reduction Evaluation (TRE), including the Facility Performance Review (to besubmitted to the MPCA WQ Submittals Center within 60 days after toxicity discovery date) and, at a minimum,provide quarterly reports starting from the date of TRE submittal, regarding progress towards the identity,source, and any plans for the removal of the toxicity. The TRE shall be consistent with EPA guidance orsubsequent procedures approved by the MPCA in attempting to identify and remove the source of the toxicity.Routinely scheduled chronic toxicity test batteries required in this permit section shall be suspended for theduration of the TRE.

4.1

Following successful completion of the TRE the Permittee shall conduct one year of quarterly testing, with theresults of the first quarterly test due the first full calendar quarter following TRE completion (For example, if theTRE is completed on April 28, the first quarterly results are due on or before September 30.) Followingcompletion of one year of quarterly testing the return to routine annual acute toxicity testing is subject to thediscretion of the MPCA. Amendments to the initial TRE shall be approved by MPCA staff and the schedulesidentified therein.

4.2

5. WET Data and Test Acceptability Criteria (TAC) Submittal

All WET test data and TAC must be submitted to the MPCA by the dates required by this section of the permitusing the Minnesota Pollution Control Agency Ceriodaphnia dubia Chronic Toxicity Test Report and/orMinnesota Pollution Control Agency Fathead Minnow Chronic Toxicity Test Report and associated instructionforms. Data not submitted on the correct form(s), or submitted incomplete, will be returned to the permittee anddeemed incomplete until adequately submitted on the designated form (identified above). Data should besubmitted to:

MPCAAttn: WQ Submittals Center520 Lafayette Road NorthSt. Paul, Minnesota 55155-4194

5.1

6. Whole Effluent Toxicity Requirement Definitions

"Chronic Whole Effluent Toxicity (WET) Test is a static renewal test conducted on an exponentially dilutedseries of effluent. The purpose is to calculate appropriate biological effect endpoints (NOEC or IC25), specifiedin the referenced chronic manual. A statistical effect level less than the Receiving Water Concentration (RWC)constitutes a positive test for chronic toxicity. The RWC equals the 40.3 percent effluent concentration or 2.5TUc.

6.1

"Chronic toxic unit (TUc)" is the reciprocal of the effluent dilution that causes no unacceptable effect on the testorganisms by the end of the chronic exposure period. For example, a TUc equals [7Q10flow (mgd) + effluentaverage dry weather flow (mgd)]/[effluent average dry weather flow (mgd)].

6.2

"Test" refers to an individual species.6.3



Permit Expires:

Permit #: MN0049786


6. Whole Effluent Toxicity Requirement Definitions

"Test Battery" consists of WET testing of all test species for the specified test. For chronic WET testing, all testspecies includes Fathead minnows and ceriodaphnia dubia.

6.4

Chapter 5. Facility Specific Definitions

1. Definitions

"Adsorbable Organic Halogens" or "AOX". - measures all chromine, bromine, iodine, and fluorine compoundsboth harmful and harmless in waste water. In the forest products industry, organic halogens are commonbyproducts of chlorine bleaching processes.

1.1

Chapter 6. Surface Water Stations

1. Requirements for Specific Stations

SW 002, SW 004: Submit a monthly DMR monthly by 21 days after the end of each calendar month followingpermit issuance.

1.1

2. Special Requirements

See Chapter 2. Variances, for specific variance requirements, as well as the limits and monitoring section of thispermit, related to the SW002 and SW004 Fecal Coliform Disinfection Intervention Limits.

2.1

The Permittee shall be required to notify the cities of Duluth and Superior, Wisconsin, if fecal coliform grabsamples of the water treatment intakes SW 002 and/or SW004 are greater than 100 org/100 ml.

2.2

3. Discharge Monitoring Reports

The Permittee shall submit monitoring results in accordance with the intervention limits and monitoringrequirements stations SW 002 and SW004.

3.1

4. Sampling Location

Samples for Station SW002 shall be taken at the City of Duluth's drinkingwater intake.4.1

Samples for Station SW 004 shall be taken at the City of Superior's drinking water intake.4.2

Record location, date, time and results for each sample on the supplemental Discharge Monitoring Report form.4.3

5. Sampling Protocol

Sample water shall be preserved according to lab instructions and delivered to a certified lab within the minimumholding times.

5.1

Chapter 7. Surface Discharge Stations


SD 001: Submit a monthly DMR monthly by 21 days after the end of each calendar month following permitissuance.

1.1


Samples for Station SD001 shall be taken at a point representative of the discharge to the receiving water.2.1

Samples and measurements required by this permit shall be representative of the monitored activity.2.2



Permit Expires:

Permit #: MN0049786


3. Surface Discharges

Floating solids or visible foam shall not be discharged in other than trace amounts.3.1

Oil or other substances shall not be discharged in amounts that create a visible color film.3.2

The Permittee shall install and maintain outlet protection measures at the discharge stations to prevent erosion.3.3

4. Mercury Limits and Monitoring Requirements

Permittees are required to sample for TSS (grab sample) at the same time that Total/Dissolved Mercury samplesare taken. All results must be recorded on DMRs.

4.1

Total and Dissolved Mercury samples must be analyzed using U.S. EPA Method 1631 with clean techniquesmethod 1669 and any revisions to those methods. Should another mercury analytical method that has areportable quantitation level that allows for low-level sample characterization be approved by the U.S. EPA andcertified by the Minnesota Department of Health, the Permittee is authorized to use that method.

4.2

5. Priority Pollutants - Monitoring Requirements

The Permittee shall monitor the effluent annually in the life of the permit for the following specified prioritypollutants. Sampling events shall not be less than one year apart.

Monitoring shall be for the organic priority pollutants identified under the volatile, acid, base/neutral, andpesticide fractions using EPA methods 624, 625 and 608 (40 CFR Part 136, October 25, 1984) as listed in TableII of 40 CFR Part 122, Appendix D.

The following priority pollutant total metals shall also be monitored using either EPA method 200.8 or theircorresponding graphite furnace method found in Table IB of 40 CFR Part 136: antimony, arsenic, beryllium,cadmium, chromium, copper, lead, nickel, selenium, silver, thallium, and zinc. In addition, the Permittee shallmonitor for Total Cyanide (EPA method 335), Total Phenolic Compounds (EPA method 420), and Hardness(total as CaCO3) (EPA method 130). Total Mercury shall be monitored by EPA method 1631, if not alreadyrequired by the permit.

5.1

The priority pollutant scan results, including the QA/QC and blank results, shall be included with each submittal.5.2

Submit the results of the first priority pollutant sampling event by 1,460 days before permit expiration.5.3

Submit the results of the second priority pollutant sampling event by 1,095 days before permit expiration.5.4

Submit the results of the third priority pollutant sampling event by 730 days before permit expiration.5.5

Submit the fourth priority pollutant sampling results no later than 365 days before permit expiration.5.6

Submit the final priority pollutant sampling test results with the application for permit reissuance.5.7

6. Discharge Monitoring Reports

The Permittee shall submit monitoring results for discharges in accordance with the limits and monitoringrequirements for this station. If no discharge occurred during the reporting period, the Permittee shall check the"No Discharge" box on the Discharge Monitoring Report (DMR).

6.1

7. Reporting Requirements

Large Volume/Concentration Sample Plan for TCDD-TEQs (Dioxins), PCBs, and DDT



Permit Expires:

Permit #: MN0049786



Submit a Large Volume/Concentration Sample Plan for TCDD-TEQ (Dioxins), PCBs, and DDT. The LargeVolume/concentration Sample Plan for TCDD-TEQ, PCBs, and DDT shall address using a "largevolume/concentration sample technique" as a substitute for fish tissue sampling) or other method which meetsMinn. R. 7052.0250, subpart 4 on an annual testing and reporting basis, to assess the current levels ofTCDD-TEQ, PCBs, and DDT in the treatment effluent. Reporting shall also discuss the progresss of achievingreductions for these constituents. Submit a Sampling Plan by 90 days after the end of each year following permitissuance.

7.1

Pollutant Minimization Plan for TCDD-TEQ (Dioxin), PCB, and DDT

The Permittee is required to submit a Pollutant Minimization Plan (PMP) for TCDD-TEQ (Dioxin), PCBs andDDT within 90 days after permit reissuance. The PMP shall follow the requirements of Minn. R. 7052.0250,subpt. 4 that includes quarterly monitoring of the influent, semi-annual monitoring of significant TCDD-TEQ,PCB, and DDT sources with an annual review of those facilities, and an annual status report.Submit a Pollutant Minimization Plan by 90 days after permit issuance.

7.2

Submit an annual report that includes results of the annual monitoring required for TCDD-TEQ (Dioxin), PCBs,and DDT by the Large Volume/Concentration Plan and the Pollutant Minimization Plan. The annual report shallbe submitted by September 30 of each year following permit reissuance.

7.3

TCDD-TEQ (Dioxin) Analytical Techniques

The analytical techniques for analysis of TCDD-TEQ (Dioxin) shall be the EPA method 1613. If the dioxinmeasurement is below the detection level of 10 picograms per lieter (pg/L), the measurement shall be consideredto be in compliance with the permit effluent limit. If the dioxin measurement is equal to or greater than 10picograms per liter (pg/L), the measurement shall be reported as the actual value on the monthly DischargeMonitoring Report, otherwise, the measurement shall be reported as less than (<) 10 pg/L.

7.4

PCB Monitoring Analytical Techniques

The analytical technique for analysis of Total Aroclor Polychlorinated Biphenols (PCBs) shall be the U.S. EPAmethod 608. If the PCB measurement is below the detection level of 0.2 ug/L, the measurement shall beconsidered to be in compliance with the permit effluent limit. If the PCB measurement is greater than or equal to0.2 ug/L, the measurement shall be reported as the actual value on the Discharge Monitoring Report, otherwise,the measurement shall be reported as less than (<) 0.2 ug/L.

7.5

Specific Monitoring Frequencies for DDT and Heptachlor.

This NPDES/SDS Permit includes quarterly monitoring for heptachlor. Please see the Effluent Limits andMonitoring Requirements Section of this NPDES/SDS permit.

7.6

This NPDES/SDS permit includes quarterly monitoring for DDT utilizing Method 608; see the Effluent Limitsand Monitoring Section of this NPDES/SDS permit.

7.7

Chapter 8. Waste Stream Stations


WS 001: Submit a monthly DMR monthly by 21 days after the end of each calendar month following permitissuance.

1.1

WS 002: This requirement is for the Internal Waste Stream of AOX Monitoring after effluent treatment but priorto disinfection. Submit a quarterly DMR quarterly by 21 days after the end of each calendar quarter followingpermit issuance.

1.2



Permit Expires:

Permit #: MN0049786

Chapter 8. Waste Stream Stations


Grab and composite samples shall be collected at a point representative of total influent flow to the system.2.1

Samples for Station WS001 shall be taken at a point representative of the total influent to the WWTF.2.2

Samples for WS002, after wastewater treatment but before the disinfection point at the Facility, the Permitteeshall sample at a point representative of this treatment.

2.3

Chapter 9. Domestic Wastewater -- Mechanical System

1. Bypass Structures

All structures capable of bypassing the treatment system shall be manually controlled and kept locked at alltimes.

1.1

2. Sanitary Sewer Extension Permit

The Permittee may be required to obtain a Sanitary Sewer Extension Permit from the MPCA prior to the start ofconstruction of any addition, extension or replacement to the sanitary sewer. If a sewer extension permit isrequired, no construction of any part of the system may begin until that permit has been issued.

2.1

3. Operator Certification

The Permittee shall provide a Class A state certified operator who is in direct responsible charge of the operation,maintenance and testing functions required to ensure compliance with the terms and conditions of this permit.

3.1

The Permittee shall provide the appropriate number of operators with a Type IV certification to be responsiblefor the land application of biosolids or semisolids from commercial or industrial operations.

3.2

If the Permittee chooses to meet operator certification requirements through a contractual agreement, thePermittee shall provide a copy of the contract to the MPCA, WQ Submittals Center. The contract shall includethe certified operator's name, certificate number, company name if appropriate, the period covered by thecontract and provisions for renewal; the duties and responsibilities of the certified operator; the duties andresponsibilities of the permittee; and provisions for notifying the MPCA 30 days in advance of termination if thecontract is terminated prior to the expiration date.

3.3

The Permittee shall notify the MPCA within 30 days of a change in operator certification or contract status.3.4

Chapter 10. Biosolids-Land Application

1. Authorization

This permit authorizes the Permittee to store and land apply domestic wastewater treatment biosolids inaccordance with the provisions in this chapter and Minnesota Rules, ch. 7041.

1.1

Permittees who prepare bulk biosolids must obtain approval of the sites on which bulk biosolids are appliedbefore they are applied unless they are Exceptional Quality Biosolids. Site application procedures are set forth inMinn. R. ch. 7041.0800.

1.2

2. Compliance Responsibility

The Permittee is responsible for ensuring that the applicable requirements in this chapter and Minn. R. ch. 7041are met when biosolids are prepared, distributed, or applied to the land.

2.1



Permit Expires:

Permit #: MN0049786


3. Notification Requirements

The Permittee shall provide information needed to comply with the biosolids requirements of Minn. R. ch. 7041to others who prepare or use the biosolids.

3.1

4. Pollutant Limits

Biosolids which are applied to the land must not exceed the ceiling concentrations in Table 1 and must not beapplied so that the cumulative amounts of pollutant in Table 2 are exceeded.

Table 1 Ceiling Concentrations (dry weight basis)

Parameter in units mg/kgArsenic 75Cadmium 85Copper 4300Lead 840Mercury 57Molybdenum 75Nickel 420Selenium 100Zinc 7500

Table 2 Cumulative Loading Limits

Parameter in units lbs/acreArsenic 37Cadmium 35Copper 1339Lead 268Mercury 15Molybdenum not established*Nickel 375Selenium 89Zinc 2500

*The cumulative limit for molybdenum has not been established at the time of permit issuance

4.1

5. Pathogen and Vector Attraction Reduction

Biosolids shall be processed, treated, or be incorporated or injected into the soil to meet one of the vectorattraction reduction requirements in Minnesota Rules, pt. 7041.1400.

5.1

Biosolids shall be processed or treated by one of the alternatives in Minnesota Rules, pt. 7041.1300 to meet theClass A or Class B standards for the reduction of pathogens. When Class B biosolids are applied to the land, thesite restrictions in Minnesota Rules, pt. 7041.1300 must also be met.

5.2



Permit Expires:

Permit #: MN0049786


5. Pathogen and Vector Attraction Reduction

The minimum duration between application and harvest, grazing or public access to areas where Class Bbiosolids have been applied to the land is as follows:

a. 14 months for food crops whose harvested parts may touch the soil/biosolids mixture (such as melons, squash,tomatoes, etc.), when biosolids are surface applied, incorporated or injected.b. 20 months or 38 months depending on the application method for food crops whose harvested parts grow inthe soil (such as potatoes, carrots, onions, etc.). The 20 month time period is required when biosolids are surfaceapplied or surface applied and incorporated after they have been on the soil surface for at least four (4) months.The 38 month time period is required when the biosolids are injected or surface applied and incorporated withinfour (4) months of application.c. 30 days for feed crops, other food crops (such as field corn, sweet corn, etc.), hay or fiber crops whenbiosolids are surface applied, incorporated or injected.d. 30 days for grazing of animals when biosolids are surface applied, incorporated or injected.e. One year where there is a high potential for public contact with the site, (such as a reclamation site located inpopulated areas, a construction site located in a city, turf farms, plant nurseries, etc.) and 30 days where there islow potential for public contact (such as agricultural land, forest, a reclamation site located in an unpopulatedarea, etc.) when biosolids are surface applied, incorporated, or injected.

5.3

6. Management Practices

The management practices for the land application of biosolids are described in detail in Minn. R. ch. 7041.1200and must be followed unless specified otherwise in a site approval letter or a permit issued by the MPCA.

6.1

Overall management requirements:

a. Biosolids must not be applied to the land if it is likely to adversely affect a threatened or endangered specieslisted under Section 4 of the Endangered Species Act or its designated critical habitat.b. Biosolids must not be applied to flooded, frozen or snow covered ground so that the biosolids enter wetlandsor other waters of the state.c. Biosolids must be applied at an agronomic rate unless specified otherwise by the MPCA in a permit.d. Biosolids shall not be applied within 33 feet of a wetland or waters of the state unless specified otherwise bythe MPCA in a permit.

6.2

7. Monitoring Requirements

Representative samples of biosolids applied to the land must be analyzed by methods specified in MinnesotaRule pt. 7041.3200 for the following parameters: arsenic, cadmium, copper, lead, mercury, molybdenum, nickel,selenium, zinc, Kjeldahl nitrogen, ammonia nitrogen, total solids, volatile solids, phosphorus, potassium and pH.

7.1



Permit Expires:

Permit #: MN0049786



At a minimum, biosolids must be monitored at the frequencies specified in Table 3 for the parameters listedabove, and any pathogen or vector attraction reduction requirements in Minnesota Rules, pts. 7041.1300 and7041.1400 if used to determine compliance with those parts.

Table 3 Minimum Sampling Frequencies

Biosolids Applied* Biosolids Applied* Frequency(metric tons/365-day period) (tons/365-day period) (times/365-day period)

>0 but <290 >0 but <320 1>=290 but <1,500 >=320 but <1,650 4>=1,500 but <15,000 >=1,650 but <16,500 6>=15,000 >=16,500 12

* Either the amount of bulk biosolids applied to the land or the amount of biosolids received by a person whoprepares biosolids that are sold or given away in a bag or other container for application to the land (dry weightbasis).

7.2



Permit Expires:

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Representative samples of biosolids that are transferred to storage units and are stored for more than two yearsshall be analyzed by methods specified in Minnesota Rule pt. 7041.3200 for each cropping year they are storedfor the following parameters: arsenic, cadmium, copper, lead, molybdenum, nickel, selenium, and zinc.Mercury is specifically NOT included in the stored biosolids analysis because of the short holding time [28 days]required between sampling and analysis.

7.3

Increased sampling frequencies are specified for the parameters listed in Table 4. Sampling at a frequency attwice the minimum frequencies in Table 3 is required if concentrations listed in Table 4 are exceeded (based onthe average of all analyses made during the previous cropping year).

Table 4 Increased Frequency of Sampling

Parameter (mg/kg dry weight basis)Arsenic 38Cadmium 43Copper 2150Lead 420Mercury 28Molybdenum 38Nickel 210Selenium 50Zinc 3750

7.4

8. Records

The Permittee shall keep records of the information necessary to show compliance with pollutant concentrationsand loadings, pathogen reduction requirements, vector attraction reduction requirements and managementpractices as specified in Minnesota Rules, pt. 7041.1600, as applicable to the quality of biosolids produced.

8.1


By December 31 following the end of each cropping year, the Permittee shall submit a Biosolids Annual Reportfor the land application of biosolids on a form provided by or approved by the MPCA. The report shall includethe requirements in Minnesota Rules, part 7041.1700.

9.1

If, during any cropping year, biosolids were transferred, or not land applied, the Permittee shall submit aBiosolids Annual Report by December 31 following the end of the cropping year. The report shall state thatbiosolids were not land applied, how much was generated, and where they were transferred to.

9.2

For biosolids that are stored for more than two years, the Biosolids Annual Report must also include theanalytical data from the representative sample of the biosolids generated during the cropping year.

9.3

The Permittee shall submit the Biosolids Annual Report to:

Biosolids CoordinatorMinnesota Pollution Control Agency520 Lafayette Road NorthSt. Paul, Minnesota 55155-4194

9.4

The Permittee must notify the MPCA in writing when 90 percent or more of any of the cumulative pollutantloading rates listed for any Land Application Sites has been reached for a site.

9.5



Permit Expires:

Permit #: MN0049786

Chapter 11. Domestic Wastewater -- Pretreatment

1. Pretreatment - Definitions

For the purposes of these pretreatment requirements, "Significant Industrial User" (SIU) shall mean anyindustrial user (IU) which:

a. is subject to Categorical Pretreatment Standards, as defined in Minnesota Rules 7049.0120, subpart 5;

b. discharges 25,000 gallons per day or more of process wastewater, excluding sanitary, noncontact cooling orboiler blowdown wastewater, to the POTW;

c. contributes a process wastewater containing five percent or more of the flow or load of any pollutant ofconcern to the POTW treatment plant; or

d. is designated as significant by the Permittee on the basis that the Industrial User has a reasonable potential foradversely affecting the POTW's operation or for violating any pretreatment standard or requirement.

1.1

2. Exemption

Industrial users qualifying as significant solely on the basis of criteria b. or c. above may be exempted fromconsideration as a SIU if the Permittee finds that they have no reasonable potential to adversely affect thePOTW's operation or to violate pretreatment standards or requirements.

2.1

The Permittee must notify the MPCA in writing of any Industrial User so exempted and provide justification fortheir exemption.

2.2

3. Pretreatment - Delegated Authority

Under the authority of the General Pretreatment Regulations (40 CFR 403), the Permittee's pretreatment programwas approved on June 24, 1985 and amended November 29, 2006. The Permittee has been delegated authorityto operate as the Publicly Owned Treatment Works (POTW) control authority under the General PretreatmentRegulations. The Permittee shall fully and effectively implement and operate the approved pretreatment programaccording to the legal authorities contained therein and the General Pretreatment Regulations.

3.1

In addition to the Prohibitions contained in the General Pretreatment Regulations and the approved program, thePermittee shall prohibit new discharges of non-contact cooling waters to the POTW unless there are nocost-effective alternatives.

3.2

Existing discharges of non-contact cooling water to the wastewater treatment facility shall be eliminated whereelimination is cost effective, or where an infiltration/inflow analysis and sewer system evaluation survey indicatethe need for such removal.

3.3

Pollutants of concern in the administration of the Permittee's pretreatment program shall be considered in thedetermination of the Significance of Industrial Users, monitoring of Significant Industrial Users, establishment oflimitations on users, and communications with users. A pollutant of concern is a pollutant that is discharged, ormay be discharged by an industrial user to the permittees treatment works and that is, or should be, of concern onthe basis that it may cause interference or pass through as defined in Minnesota Rules 7049.0120, subparts 10and 12.

3.4

4. Legal Authority

The Permittee shall maintain the legal authority that allows it to fully implement its approved pretreatmentprogram in conformance with the requirements of the General Pretreatment Regulation.

4.1



Permit Expires:

Permit #: MN0049786


5. Industrial Users Inventory

The Permittee shall update its inventory of Industrial Users at least annually and as needed to ensure that all SIUsare properly identified, characterized and categorized. The Permittee shall:

a. identify Industrial Users which may be subject to the POTW pretreatment program;

b. characterize the discharge of pollutants to the POTW by the Industrial User; and

c. determine the applicable categories for industrial users subject to National Categorical PretreatmentStandards.

5.1

Within 30 days of the designation of an Industrial User as significant, the Permittee shall notify the SIU of allapplicable pretreatment standards and requirements. The Permittee shall also notify all Industrial Users of allapplicable pretreatment standards and requirements, and the Industrial Users' obligation to comply withapplicable requirements under Subtitles C and D of the Resource Conservation and Recovery Act (RCRA).

5.2

6. Local Limits

The Permittee shall develop, maintain and enforce specific local limits to implement the prohibitions listed inMinnesota Rules 7049.0140.

6.1

The Permittee shall evaluate the need to revise local limits to effectively implement these prohibitions at leastonce during the term of this permit. Prior to the expiration date of this permit, the permittee shall submit, forapproval, a report on the evaluation. If the evaluation determines that a more restrictive local limit is needed, thepermittee shall submit for approval a suggested schedule for amending the Permittee's local limits.

6.2

The evaluation shall include a pollutant mass balance for all pollutants of concern. The mass balance shallattempt to balance the source of the pollutants (Industrial Users and other sources), the measured headwork'sloading of the pollutants and the fates of the pollutants (discharge, biosolids and others). The mass balance shallmake use of all available and appropriate monitoring data.

The permittee shall, for all pollutants of concern, obtain sufficient data to allow the permittee to evaluate theneed for local limits and to set local limits if they are needed. Monitoring shall be done at a sensitivity adequateto evaluate the need for local limits and set local limits if needed.

6.3

7. Permit Significant Industrial Users

The Permittee shall issue and reissue permits to all existing SIUs within 180 days of expiration of the existingSIU permit for existing SIUs, or identification of a new SIU. The permit shall contain at least the following:

a. a statement of duration (no longer than five (5) years);

b. a statement of nontransferability without prior approval by the POTW, and provision of a copy of the existingpermit to the new owner or operator;

c. discharge limits based on applicable prohibited discharges in Minnesota Wastewater Pretreatment Rules(Minn. R. 7049.0140), National Categorical Pretreatment Standards, and local limits and local dischargeprohibitions;

d. self-monitoring, sampling, reporting, notification and record keeping requirements, including an identificationof the pollutants to be monitored, sampling location, sampling frequency and sample type; and

e. a statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements,and any applicable compliance schedule.

7.1



Permit Expires:

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7. Permit Significant Industrial Users

The Permittee may not extend the compliance date beyond applicable federal deadlines in any complianceschedule.

7.2

8. Compliance Monitoring and Inspections

The Permittee shall randomly sample and analyze the discharge from Industrial Users and conduct surveillanceactivities to identify, independent of information supplied by Industrial Users, noncompliance with pretreatmentstandards. The Permittee shall inspect and sample the discharge from each SIU at least once a year.

8.1

The Permittee shall evaluate whether each SIU needs a plan to control spill and slug discharges as provided inMinnesota Rules 7049.0830 G. Where a control plan is determined to be needed, the Permittee shall require, inthe permit issued to the industrial user, that the industrial user develop and implement such a plan.

8.2

9. Industrial User Reports

The Permittee shall receive and analyze self-monitoring reports and other reports and notices submitted byIndustrial Users in accordance with requirements contained in permits issued by the Permittee and in accordancewith the General Pretreatment Regulation.

9.1

10. Enforcement Actions

The Permittee shall investigate instances of noncompliance with pretreatment standards and requirements asindicated by reports submitted by Industrial Users, by information collected by the Permittee or by other means.

10.1

The Permittee shall collect samples, analyze data and compile information in a manner to ensure accuracy andadmissibility in enforcement proceedings and judicial actions.

10.2

In instances of noncompliance, the Permittee shall take effective enforcement action in accordance with theapproved enforcement response plan.

10.3

11. Data Management and Record Keeping

The Permittee shall maintain records documenting pretreatment activities. These records shall contain aninventory of industrial users, characterization of discharges, compliance status, permit status, and records ofenforcement actions.

11.1

The Permittee shall retain all records of monitoring activities and results for at least three (3) years and shallmake the records available to EPA and the MPCA upon request.

11.2

12. Public Participation

The Permittee shall comply with public participation requirements of 40 CFR 25 in the enforcement of nationalpretreatment standards.

12.1

The Permittee shall, once a year, publish the names of Industrial Users that were in significant noncompliancewith pretreatment requirements, as defined in Minnesota Rules 7049.0120, subpart 25, any time during theprevious twelve (12) months.

12.2

All industrial discharge data shall be made available to the public upon request.12.3

13. Program Resources

The Permittee shall acquire sufficient resources and qualified personnel to carry out the program implementationprocedures described in this permit.

13.1



Permit Expires:

Permit #: MN0049786


14. Program Modification

The Permittee shall submit to the MPCA a statement of the basis for desired program modifications and amodified program description for all substantial modifications as defined in Minnesota Rules 7049.0980. ThePermittee must await formal approval from the MPCA before implementing substantial program modifications.

14.1

The Permittee shall notify the MPCA of non-substantial modifications to its pretreatment program at least 45days prior to implementing the modification.

14.2

Non-substantial modifications are deemed approved unless the MPCA notifies the Permittee otherwise within 45days.

14.3

15. Notification Requirements

The Permittee shall notify the MPCA of planned or actual changes in the discharges from SIUs which willrequire changes to the user's control document and which may affect the Permittee's effluent.

15.1

The Permittee shall supply the MPCA with information regarding the discharge, compliance status, orenforcement actions taken for any industrial user upon request.

15.2

16. Pretreatment Annual Report

The Permittee shall submit the pre-treatment report annually to the following address:

MPCAAttn: WQ Submittals Center520 Lafayette Road NorthSt. Paul, Minnesota 55155-4194

The report shall describe the Permittee's pretreatment activities during the previous calendar year and is due onFebruary 28 of each year and shall contain at least the following information.

16.1

The Pretreatment Annual Report shall describe the pretreatment activities during the previous calendar year andshall contain the following lists:

a. An updated list of the Permittee's significant industrial users including their names, addresses, any applicablefederal categorical standards, and a summary total of significant industrial users and categorical industrial users.

b. A separate list of deletions from and additions to previously submitted lists of SIUs, with a brief explanationfor each deletion.

c. A list of SIUs with expired permits.

16.2



Permit Expires:

Permit #: MN0049786


16. Pretreatment Annual Report

The Pretreatment Annual Report shall contain the following descriptions:

a. A characterization of the compliance status of each SIU during the reporting year. The compliancecharacterization shall at least indicate status as follows:

1) no violations noted with discharge limits, and compliance with monitoring and reporting requirements issufficient to determine compliance with discharge limitations; 2) violations were noted with discharge limits, or violations of monitoring and reporting requirements thatmay have impaired the Permittee's ability to determine compliance with discharge limitations were noted, but thenoncompliance does not meet the definition of significant noncompliance as referenced below; 3) significant noncompliance (as defined by 40 CFR 403.8(f)(2)(vii)); or 4) status unknown.

b. A description of the standards or requirements that were violated for SIUs that are out of compliance withpretreatment standards. For an SIU in significant noncompliance, the characterization shall note the reason forthe significant violations (if known) and whether the SIU is on a compliance schedule. If the SIU is on acompliance schedule, the date of final compliance shall be noted in the report.

c. A description of any upsets, interference, or pass through incidents at the POTW which the Permittee knowsor suspects were caused by Industrial Users of the POTW system. The description shall include the reasons whythe incidents occurred, the corrective actions taken, and the Industrial Users responsible, if known.

16.3

The permittee shall, for all pollutants of concern, obtain sufficient data to allow the permittee to evaluate theneed for local limits, and shall set local limits it they are needed. Monitoring shall be done at a sensitivityadequate to evaluate the need for local limits and set local limits if they are needed.

16.4

The Pretreatment Annual Report shall contain the following summaries:

a. A summary of the discharge monitoring data for each SIU for the reporting year. This summary shall includeall available data and shall accurately represent the discharge by the user.

b. A summary of the inspection and sampling activities conducted by the POTW during the reporting year togather information and data regarding Industrial Users. The summary shall include identification of theIndustrial Users subject to surveillance by the POTW and an indication of the type (inspection or sampling) andthe number of surveillance activities performed.

c. A summary of the enforcement actions by the POTW during the reporting year. The summary shall includethe names and addresses of the Industrial Users that were the subject of enforcement action, the enforcementaction taken, and whether the Industrial User has returned to compliance.

d. A summary of the Permittee's pretreatment budget for the reporting year, including the cost of personnel,equipment and services employed in the pretreatment program.

e. A summary of public participation activities to involve and inform the public. This shall include a copy of theannual publication of significant noncompliance, if such publication was needed to comply with 40 CFR403.8(f)(2)(vii).

16.5

Chapter 12. Total Facility Requirements


General Requirements



Permit Expires:

Permit #: MN0049786



Incorporation by Reference. The following applicable federal and state laws are incorporated by reference in thispermit, are applicable to the Permittee, and are enforceable parts of this permit: 40 CFR pts. 122.41, 122.42,136, 403 and 503; Minn. R. pts. 7001, 7041, 7045, 7050, 7052, 7053, 7060, and 7080; and Minn. Stat. Sec. 115and 116.

1.1

Permittee Responsibility. The Permittee shall perform the actions or conduct the activity authorized by thepermit in compliance with the conditions of the permit and, if required, in accordance with the plans andspecifications approved by the Agency. (Minn. R. 7001.0150, subp. 3, item E)

1.2

Toxic Discharges Prohibited. Whether or not this permit includes effluent limitations for toxic pollutants, thePermittee shall not discharge a toxic pollutant except according to Code of Federal Regulations, Title 40,sections 400 to 460 and Minnesota Rules 7050, 7052, 7053 and any other applicable MPCA rules. (Minn. R.7001.1090, subp.1, item A)

1.3

Nuisance Conditions Prohibited. The Permittee's discharge shall not cause any nuisance conditions including,but not limited to: floating solids, scum and visible oil film, acutely toxic conditions to aquatic life, or otheradverse impact on the receiving water. (Minn. R. 7050.0210 subp. 2)

1.4

Property Rights. This permit does not convey a property right or an exclusive privilege. (Minn. R. 7001.0150,subp. 3, item C)

1.5

Liability Exemption. In issuing this permit, the state and the MPCA assume no responsibility for damage topersons, property, or the environment caused by the activities of the Permittee in the conduct of its actions,including those activities authorized, directed, or undertaken under this permit. To the extent the state and theMPCA may be liable for the activities of its employees, that liability is explicitly limited to that provided in theTort Claims Act. (Minn. R. 7001.0150, subp. 3, item O)

1.6

The MPCA's issuance of this permit does not obligate the MPCA to enforce local laws, rules, or plans beyondwhat is authorized by Minnesota Statutes. (Minn. R. 7001.0150, subp.3, item D)

1.7

Liabilities. The MPCA's issuance of this permit does not release the Permittee from any liability, penalty or dutyimposed by Minnesota or federal statutes or rules or local ordinances, except the obligation to obtain the permit.(Minn. R. 7001.0150, subp.3, item A)

1.8

The issuance of this permit does not prevent the future adoption by the MPCA of pollution control rules,standards, or orders more stringent than those now in existence and does not prevent the enforcement of theserules, standards, or orders against the Permittee. (Minn. R. 7001.0150, subp.3, item B)

1.9

Severability. The provisions of this permit are severable and, if any provisions of this permit or the applicationof any provision of this permit to any circumstance are held invalid, the application of such provision to othercircumstances and the remainder of this permit shall not be affected thereby.

1.10

Compliance with Other Rules and Statutes. The Permittee shall comply with all applicable air quality, solidwaste, and hazardous waste statutes and rules in the operation and maintenance of the facility.

1.11

Inspection and Entry. When authorized by Minn. Stat. Sec. 115.04; 115B.17, subd. 4; and 116.091, and uponpresentation of proper credentials, the agency, or an authorized employee or agent of the agency, shall beallowed by the Permittee to enter at reasonable times upon the property of the Permittee to examine and copybooks, papers, records, or memoranda pertaining to the construction, modification, or operation of the facilitycovered by the permit or pertaining to the activity covered by the permit; and to conduct surveys andinvestigations, including sampling or monitoring, pertaining to the construction, modification, or operation of thefacility covered by the permit or pertaining to the activity covered by the permit. (Minn. R. 7001.0150, subp.3,item I)

1.12



Permit Expires:

Permit #: MN0049786



Control Users. The Permittee shall regulate the users of its wastewater treatment facility so as to prevent theintroduction of pollutants or materials that may result in the inhibition or disruption of the conveyance system,treatment facility or processes, or disposal system that would contribute to the violation of the conditions of thispermit or any federal, state or local law or regulation.

1.13

Sampling

Representative Sampling. Samples and measurements required by this permit shall be conducted as specified inthis permit and shall be representative of the discharge or monitored activity. (40 CFR 122.41 (j)(1))

1.14

Additional Sampling. If the Permittee monitors more frequently than required, the results and the frequency ofmonitoring shall be reported on the Discharge Monitoring Report (DMR) or another MPCA-approved form forthat reporting period. (Minn. R. 7001.1090, subp. 1, item E)

1.15

Certified Laboratory. A laboratory certified by the Minnesota Department of Health and/or registered by theMPCA shall conduct analyses required by this permit. Analyses of dissolved oxygen, pH, temperature, specificconductance, and total residual oxidants (chlorine, bromine) do not need to be completed by a certifiedlaboratory but shall comply with manufacturers specifications for equipment calibration and use. (Minn. Stat.Sec. 144.97 through 144.98 and Minn. R. 4740.2010 and 4740.2050 through 4740.2120) (Minn. R. 4740.2010and 4740.2050 through 2120)

1.16

Sample Preservation and Procedure. Sample preservation and test procedures for the analysis of pollutants shallconform to 40 CFR Part 136 and Minn. R. 7041.3200.

1.17

Equipment Calibration: Flow meters, pumps, flumes, lift stations or other flow monitoring equipment used forpurposes of determining compliance with permit shall be checked and/or calibrated for accuracy at least twiceannually. (Minn. R. 7001.0150, subp. 2, items B and C)

1.18

Maintain Records. The Permittee shall keep the records required by this permit for at least three years, includingany calculations, original recordings from automatic monitoring instruments, and laboratory sheets. ThePermittee shall extend these record retention periods upon request of the MPCA. The Permittee shall maintainrecords for each sample and measurement. The records shall include the following information (Minn. R.7001.0150, subp. 2, item C):

a. The exact place, date, and time of the sample or measurement;

b. The date of analysis;

c. The name of the person who performed the sample collection, measurement, analysis, or calculation; and

d. The analytical techniques, procedures and methods used; and

e. The results of the analysis.

1.19



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Completing Reports. The Permittee shall submit the results of the required sampling and monitoring activities onthe forms provided, specified, or approved by the MPCA. The information shall be recorded in the specifiedareas on those forms and in the units specified. (Minn. R. 7001.1090, subp. 1, item D; Minn. R. 7001.0150,subp. 2, item B)

Required forms may include:

DMR Supplemental FormIndividual values for each sample and measurement must be recorded on the DMR Supplemental Form which, ifrequired, will be provided by the MPCA. DMR Supplemental Forms shall be submitted with the appropriateDMRs. You may design and use your own supplemental form; however it must be approved by the MPCA.Note: Required summary information MUST also be recorded on the DMR. Summary information that issubmitted ONLY on the DMR Supplemental Form does not comply with the reporting requirements.

1.20

Submitting Reports. Discharge Monitoring Reports (DMRs), DMR supplemental forms, and related attachmentsshall be submitted electronically via the MPCA Online Services Portal after authorization is approved.Authorization must be applied for and approved prior to submittal via the Online Services Portal.

DMRs and DMR Supplemental Forms shall be electronically submitted by the 21st day of the month followingthe monitoring period end or as otherwise specified in this permit. Electronic DMR submittal must be completeon or before 11:59 PM of the 21st day of the month following the end of the monitoring period or as otherwisespecified in this permit. A DMR shall be submitted for each required station even if no discharge occurredduring the monitoring period. (Minn. R. 7001.0150, subps. 2.B and 3.H)

If electronic submittal is not possible, the Permittee must apply for an exception to electronic submittal.Exceptions requests for extreme conditions (no computer on-site is not an extreme condition) must at a minimumcontain the extreme reason for the exception, actions to be taken, and date the facility will submit eDMR. Allexception requests, and paper DMRs, DMR supplemental forms, and related attachments must be submitted bythe 21st day of the month following the monitoring period end to:

MPCAAttn: Discharge Monitoring Reports520 Lafayette Road NorthSt. Paul, Minnesota 55155-4194.

Other reports required by this permit shall be submitted on or before the due date specified in the permit to:

MPCAAttn: WQ Submittals Center520 Lafayette Road NorthSt. Paul, Minnesota 55155-4194.

1.21

Incomplete or Incorrect Reports. The Permittee shall immediately submit an electronically amended report orDMR to the MPCA upon discovery by the Permittee or notification by the MPCA that it has submitted anincomplete or incorrect report or DMR. The amended report or DMR shall contain the missing or corrected dataalong with a cover letter explaining the circumstances of the incomplete or incorrect report. If it is impossible toelectronically amend the report or DMR, the Permittee shall immediately notify the MPCA and the MPCA willprovide direction for the amendment submittals. (Minn. R. 7001.0150 subp. 3, item G)

1.22



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Permit #: MN0049786



Required Signatures. All DMRs, forms, reports, and other documents submitted to the MPCA shall be signed bythe Permittee or the duly authorized representative of the Permittee. Minn. R. 7001.0150, subp. 2, item D. Theperson or persons that sign the DMRs, forms, reports or other documents must certify that he or she understandsand complies with the certification requirements of Minn. R. 7001.0070 and 7001.0540, including the penaltiesfor submitting false information. Technical documents, such as design drawings and specifications andengineering studies required to be submitted as part of a permit application or by permit conditions, must becertified by a registered professional engineer. (Minn. R. 7001.0540)

1.23

Detection Level. The Permittee shall report monitoring results below the reporting limit (RL) of a particularinstrument as "<" the value of the RL. For example, if an instrument has a RL of 0.1 mg/L and a parameter is notdetected at a value of 0.1 mg/L or greater, the concentration shall be reported as "<0.1 mg/L." "Non-detected,""undetected," "below detection limit," and "zero" are unacceptable reporting results, and are permit reportingviolations. (Minn. R. 7001.0150, subp. 2, item B)

Where sample values are less than the level of detection and the permit requires reporting of an average, thePermittee shall calculate the average as follows:

a. If one or more values are greater than the level of detection, substitute zero for all nondetectable values to usein the average calculation.

b. If all values are below the level of detection, report the averages as "<" the corresponding level of detection.

c. Where one or more sample values are less than the level of detection, and the permit requires reporting of amass, usually expressed as kg/day, the Permittee shall substitute zero for all nondetectable values. (Minn. R. 7001.0150, subp. 2, item B)

1.24

Records. The Permittee shall, when requested by the Agency, submit within a reasonable time the informationand reports that are relevant to the control of pollution regarding the construction, modification, or operation ofthe facility covered by the permit or regarding the conduct of the activity covered by the permit. (Minn. R.7001.0150, subp. 3, item H)

1.25

Confidential Information. Except for data determined to be confidential according to Minn. Stat. Sec. 116.075,subd. 2, all reports required by this permit shall be available for public inspection. Effluent data shall not beconsidered confidential. To request the Agency maintain data as confidential, the Permittee must follow Minn.R. 7000.1300.

1.26

Noncompliance and Enforcement

Subject to Enforcement Action and Penalties. Noncompliance with a term or condition of this permit subjectsthe Permittee to penalties provided by federal and state law set forth in section 309 of the Clean Water Act;United States Code, title 33, section 1319, as amended; and in Minn. Stat. Sec. 115.071 and 116.072, includingmonetary penalties, imprisonment, or both. (Minn. R. 7001.1090, subp. 1, item B)

1.27

Criminal Activity. The Permittee may not knowingly make a false statement, representation, or certification in arecord or other document submitted to the Agency. A person who falsifies a report or document submitted to theAgency, or tampers with, or knowingly renders inaccurate a monitoring device or method required to bemaintained under this permit is subject to criminal and civil penalties provided by federal and state law. (Minn.R. 7001.0150, subp.3, item G., 7001.1090, subps. 1, items G and H and Minn. Stat. Sec. 609.671)

1.28

Noncompliance Defense. It shall not be a defense for the Permittee in an enforcement action that it would havebeen necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of thispermit. ( 40 CFR 122.41(c))

1.29



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Permit #: MN0049786



Effluent Violations. If sampling by the Permittee indicates a violation of any discharge limitation specified inthis permit, the Permittee shall immediately make every effort to verify the violation by collecting additionalsamples, if appropriate, investigate the cause of the violation, and take action to prevent future violations. If thepermittee discovers that noncompliance with a condition of the permit has occurred which could endanger humanhealth, public drinking water supplies, or the environment, the Permittee shall within 24 hours of the discovery ofthe noncompliance, orally notify the commissioner and submit a written description of the noncompliance within5 days of the discovery. The written description shall include items a. through e., as listed below. If thePermittee discovers other non-compliance that does not explicitly endanger human health, public drinking watersupplies, or the environment, the non-compliance shall be reported during the next reporting period to the MPCAwith its Discharge Monitoring Report (DMR). If no DMR is required within 30 days, the Permittee shall submita written report within 30 days of the discovery of the noncompliance. This description shall include thefollowing information:

a. a description of the event including volume, duration, monitoring results and receiving waters;

b. the cause of the event;

c. the steps taken to reduce, eliminate and prevent reoccurrence of the event;

d. the exact dates and times of the event; and

e. steps taken to reduce any adverse impact resulting from the event. (Minn. R. 7001.0150, subp. 3k)

1.30

Upset Defense. In the event of temporary noncompliance by the Permittee with an applicable effluent limitationresulting from an upset at the Permittee's facility due to factors beyond the control of the Permittee, the Permitteehas an affirmative defense to an enforcement action brought by the Agency as a result of the noncompliance ifthe Permittee demonstrates by a preponderance of competent evidence:

a. The specific cause of the upset;

b. That the upset was unintentional;

c. That the upset resulted from factors beyond the reasonable control of the Permittee and did not result fromoperational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventativemaintenance, or increases in production which are beyond the design capability of the treatment facilities;

d. That at the time of the upset the facility was being properly operated;

e. That the Permittee properly notified the Commissioner of the upset in accordance with Minn. R. 7001.1090,subp. 1, item I; and

f. That the Permittee implemented the remedial measures required by Minn. R. 7001.0150, subp. 3, item J.

1.31

Release



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Unauthorized Releases of Wastewater Prohibited. Except for discharges from outfalls specifically authorized bythis permit, overflows, discharges, spills, or other releases of wastewater or materials to the environment,whether intentional or not, are prohibited. However, the MPCA will consider the Permittee's compliance withpermit requirements, frequency of release, quantity, type, location, and other relevant factors when determiningappropriate action. (40 CFR 122.41 and Minn. Stat. Sec 115.061)

1.32

Discovery of a release. Upon discovery of a release, the Permittee shall:

a. Take all reasonable steps to immediately end the release.

b. Notify the Minnesota Department of Public Safety Duty Officer at 1(800)422-0798 or (651)649-5451 (metroarea) immediately upon discovery of the release. You may contact the MPCA during business hours at1(800)657-3864 or (651)296-6300 (metro area).

c. Recover as rapidly and as thoroughly as possible all substances and materials released or immediately takeother action as may be reasonably possible to minimize or abate pollution to waters of the state or potentialimpacts to human health caused thereby. If the released materials or substances cannot be immediately orcompletely recovered, the Permittee shall contact the MPCA. If directed by the MPCA, the Permittee shallconsult with other local, state or federal agencies (such as the Minnesota Department of Natural Resources and/orthe Wetland Conservation Act authority) for implementation of additional clean-up or remediation activities inwetland or other sensitive areas.

1.33

Sampling of a release. Upon discovery of a release, the Permittee shall:

a. Collect representative samples of the release. The Permittee shall sample the release for parameters of concernimmediately following discovery of the release. The Permittee may contact the MPCA during business hours todiscuss the sampling parameters and protocol. In addition, Fecal Coliform Bacteria samples shall be collectedwhere it is determined by the Permittee that the release contains or may contain sewage. If the release cannot beimmediately stopped, the Permittee shall consult with MPCA regarding additional sampling requirements.Samples shall be collected at least, but not limited to, two times per week for as long as the release continues.

b. Submit the sampling results on the Release Sampling Form(http://www.pca.state.mn.us/index.php/view-document.html?gid=18867). The Release Sampling Form shall besubmitted to the MPCA with the next DMR or within 30 days whichever is sooner.

1.34

Bypass

Anticipated bypass. The permittee may allow any bypass to occur which does not cause effluent limitations to beexceeded, but only if the bypass is for essential maintenance to assure efficient operation of the facility. Thepermittee shall submit prior notice, if possible at least ten days before the date of the bypass to the MPCA (40CFR 122.41(m)(2) and 122.41(m)(3) and Minn. R. Ch. 7001.1090, subp. 1, J).

The notice of the need for an anticipated bypass shall include the following information:

a. The proposed date and estimated duration of the bypass;

b. The alternatives to bypassing; and

c. A proposal for effluent sampling during the bypass. Any bypass wastewater must enter waters of the state fromoutfalls specifically authorized by this permit. Therefore, samples shall be collected at the frequency and locationidentified in this permit or two times per week for as long as the bypass continues, whichever is more frequent.

1.35



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All other bypasses are prohibited. The MPCA may take enforcement action against the Permittee for a bypass,unless the specific conditions described in Minn. R. Ch. 7001.1090 subp. 1, K and 122.41(m)(4)(i) are met.

In the event of an unanticipated bypass, the permittee shall:

a. Take all reasonable steps to immediately end the bypass.

b. Notify the Minnesota Department of Public Safety Duty Officer at 1(800)422-0798 or (651)649-5451 (metroarea) immediately upon commencement of the bypass. You may contact the MPCA during business hours at1(800)657-3864 or (651)296-6300 (metro area). (Minn. Stat. Sec 115.061)

c. Immediately take action as may be reasonably possible to minimize or abate pollution to waters of the state orpotential impacts to human health caused thereby. If directed by the MPCA, the Permittee shall consult withother local, state or federal agencies for implementation of abatement, clean-up, or remediation activities.

d. Only allow bypass wastewater as specified in this section to enter waters of the state from outfalls specificallyauthorized by this permit. Samples shall be collected at the frequency and location identified in this permit ortwo times per week for as long as the bypass continues, whichever is more frequent. The permittee shall alsofollow the reporting requirements for effluent violations as specified in this permit.

1.36

Operation and Maintenance

The Permittee shall at all times properly operate and maintain the facilities and systems of treatment and control,and the appurtenances related to them which are installed or used by the Permittee to achieve compliance withthe conditions of the permit. Proper operation and maintenance includes effective performance, adequatefunding, adequate operator staffing and training, and adequate laboratory and process controls, includingappropriate quality assurance procedures. The Permittee shall install and maintain appropriate backup orauxiliary facilities if they are necessary to achieve compliance with the conditions of the permit and, for allpermits other than hazardous waste facility permits, if these backup or auxiliary facilities are technically andeconomically feasible Minn. R. 7001.0150. subp. 3, item F.

1.37

In the event of a reduction or loss of effective treatment of wastewater at the facility, the Permittee shall controlproduction or curtail its discharges to the extent necessary to maintain compliance with the terms and conditionsof this permit. The Permittee shall continue this control or curtailment until the wastewater treatment facility hasbeen restored or until an alternative method of treatment is provided. (Minn. R. 7001.1090, subp. 1, item C)

1.38

Solids Management. The Permittee shall properly store, transport, and dispose of biosolids, septage, sediments,residual solids, filter backwash, screenings, oil, grease, and other substances so that pollutants do not entersurface waters or ground waters of the state. Solids should be disposed of in accordance with local, state andfederal requirements. (40 CFR 503 and Minn. R. 7041 and applicable federal and state solid waste rules)

1.39

Scheduled Maintenance. The Permittee shall schedule maintenance of the treatment works during non-criticalwater quality periods to prevent degradation of water quality, except where emergency maintenance is requiredto prevent a condition that would be detrimental to water quality or human health. ( Minn. R. 7001.0150. subp. 3,item F and Minn. R. 7001.0150. subp. 2, item B)

1.40

Control Tests. In-plant control tests shall be conducted at a frequency adequate to ensure compliance with theconditions of this permit. (Minn. R. 7001.0150. subp. 3, item F and Minn. R. 7001.0150. subp. 2, item B)

1.41

Changes to the Facility or Permit



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Permit Modifications. Except as provided under Minnesota Statutes, section 115.07, subdivisions 1 and 3, noperson required by statute or rule to obtain a permit may construct, install, modify, or operate the facility to bepermitted, nor shall a person commence an activity for which a permit is required by statute or rule until theagency has issued a written permit for the facility or activity. (Minn. R. 7001.0030)

Permittees that propose to make a change to the facility or discharge that requires a permit modification mustfollow Minn. R. 7001.0190. If the Permittee cannot determine whether a permit modification is needed, thePermittee must contact the MPCA prior to any action. It is recommended that the application for permitmodification be submitted to the MPCA at least 180 days prior to the planned change.

1.42

No person required by statute or rule to obtain a permit may construct, install, modify, or operate the facility tobe permitted except as provided under Minnesota Statutes, section 115.07, subdivisions 1 and 3, nor shall aperson commence an activity for which a permit is required by statute or rule until the agency has issued awritten permit for the facility or activity.

1.43

Plans, specifications and MPCA approval are not necessary when maintenance dictates the need for installationof new equipment, provided the equipment is the same design size and has the same design intent. For instance, abroken pipe, lift station pump, aerator, or blower can be replaced with the same design-sized equipment withoutMPCA approval.

If the proposed construction is not expressly authorized by this permit, it may require a permit modification. Ifthe construction project requires an Environmental Assessment Worksheet under Minn. R. 4410, no constructionshall begin until a negative declaration is issued and all approvals are received or implemented.

1.44

Report Changes. The Permittee shall give advance notice as soon as possible to the MPCA of any substantialchanges in operational procedures, activities that may alter the nature or frequency of the discharge, and/ormaterial factors that may affect compliance with the conditions of this permit. (Minn. R. 7001.0150, subp. 3,item M)

1.45

Chemical Additives. The Permittee shall receive prior written approval from the MPCA before increasing the useof a chemical additive authorized by this permit, or using a chemical additive not authorized by this permit, inquantities or concentrations that have the potential to change the characteristics, nature and/or quality of thedischarge.

The Permittee shall request approval for an increased or new use of a chemical additive at least 60 days, or assoon as possible, before the proposed increased or new use.

This written request shall include at least the following information for the proposed additive:

a. The process for which the additive will be used;b. Material Safety Data Sheet (MSDS) which shall include aquatic toxicity, human health, and environmentalfate information for the proposed additive. The aquatic toxicity information shall include at minimum the resultsof: a) a 48-hour LC50 or EC50 acute study for a North American freshwater planktonic crustacean (eitherCeriodaphnia or Daphnia sp.) and b) a 96-hour LC50 acute study for rainbow trout, bluegill or fathead minnowor another North American freshwater aquatic species other than a planktonic crustacean;c. A complete product use and instruction label;d. The commercial and chemical names and Chemical Abstract Survey (CAS) number for all ingredients in theadditive (If the MSDS does not include information on chemical composition, including percentages for eachingredient totaling to 100%, the Permittee shall contact the supplier to have this information provided); ande. The proposed method of application, application frequency, concentration, and daily average and maximumrates of use. (Minn. R. 7001.0170)

1.46



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Upon review of the information submitted regarding the proposed chemical additive, the MPCA may requireadditional information be submitted for consideration. This permit may be modified to restrict the use ordischarge of a chemical additive and include additional influent and effluent monitoring requirements.

Approval for the use of an additive shall not justify the exceedance of any effluent limitation nor shall it be usedas a defense against pollutant levels in the discharge causing or contributing to the violation of a water qualitystandard.

1.47

MPCA Initiated Permit Modification, Suspension, or Revocation. The MPCA may modify or revoke and reissuethis permit pursuant to Minn. R. 7001.0170. The MPCA may revoke without reissuance this permit pursuant toMinn. R. 7001.0180.

1.48

TMDL Impacts. Facilities that discharge to an impaired surface water, watershed or drainage basin may berequired to comply with additional permits or permit requirements, including additional restriction or relaxationof limits and monitoring as authorized by the CWA 303(d)(4)(A) and 40 CFR 122.44.l.2.i., necessary to ensureconsistency with the assumptions and requirements of any applicable US EPA approved wasteload allocationsresulting from Total Maximum Daily Load (TMDL) studies.

1.49

Permit Transfer. The permit is not transferable to any person without the express written approval of the Agencyafter compliance with the requirements of Minn. R. 7001.0190. A person to whom the permit has beentransferred shall comply with the conditions of the permit. (Minn. R., 7001.0150, subp. 3, item N)

1.50

Facility Closure. The Permittee is responsible for closure and post-closure care of the facility. The Permitteeshall notify the MPCA of a significant reduction or cessation of the activities described in this permit at least 180days before the reduction or cessation. The MPCA may require the Permittee to provide to the MPCA a facilityClosure Plan for approval.

Facility closure that could result in a potential long-term water quality concern, such as the ongoing discharge ofwastewater to surface or ground water, may require a permit modification or reissuance.

The MPCA may require the Permittee to establish and maintain financial assurance to ensure performance ofcertain obligations under this permit, including closure, post-closure care and remedial action at the facility. Iffinancial assurance is required, the amount and type of financial assurance, and proposed modifications topreviously MPCA-approved financial assurance, shall be approved by the MPCA. (Minn. Stat. Sec. 116.07,subd. 4)

1.51



Permit Expires:

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Permit Reissuance. If the Permittee desires to continue permit coverage beyond the date of permit expiration, thePermittee shall submit an application for reissuance at least 180 days before permit expiration. If the Permitteedoes not intend to continue the activities authorized by this permit after the expiration date of this permit, thePermittee shall notify the MPCA in writing at least 180 days before permit expiration.

If the Permittee has submitted a timely application for permit reissuance, the Permittee may continue to conductthe activities authorized by this permit, in compliance with the requirements of this permit, until the MPCA takesfinal action on the application, unless the MPCA determines any of the following (Minn. R. 7001.0040 and7001.0160):

a. The Permittee is not in substantial compliance with the requirements of this permit, or with a stipulationagreement or compliance schedule designed to bring the Permittee into compliance with this permit;

b. The MPCA, as a result of an action or failure to act by the Permittee, has been unable to take final action onthe application on or before the expiration date of the permit;

c. The Permittee has submitted an application with major deficiencies or has failed to properly supplement theapplication in a timely manner after being informed of deficiencies.

1.52

Chapter 13. Industrial Stormwater -- No Exposure Exclusion

1. Conditional Exclusion for No Exposure

No exposure means all industrial materials and activities are protected by a storm resistant shelter to preventexposure to rain, snow, snow melt, and/or runoff. Industrial activities or materials include, but are not limited to,material handling equipment or activities, industrial machinery, raw materials, intermediate products,by-products, final products, or waste products.

1.1

The conditional exclusion for No Exposure is available on a facility-wide basis in accordance with Minn. R.7090.3060, subp. 5(B).

1.2

The no exposure certification is non-transferrable in accordance with Minn. R. 7090.3060, subp. 5(D). In theevent that the facility operator changes, then the new operator must submit written notification of the change tothe MPCA, Attn: WQ Submittal Center, 520 Lafayette Road North, St Paul, Minnesota 55155-4194.

1.3

The MPCA retains the authority to require the facility operator to apply for a permit modification to this permitfor stormwater coverage or to apply for coverage under the Industrial Stormwater General Permit (MNR050000),even when an industrial operator certifies No Exposure, if the MPCA has determined that the discharge iscontributing to the violation of, or interfering with the attainment or maintenance of water quality standards,including designated uses.

1.4

Any facility that has previously obtained a conditional exclusion for No Exposure shall recertify for theexclusion no later than five years from the effective date of the most recent No Exposure certificate issued to thefacility by the Agency.

1.5

The No Exposure exclusion is conditional. The facility must maintain a condition of No Exposure at the facilityin order for the No Exposure exclusion to remain applicable. In the event of any change or circumstance thatcauses exposure of industrial activities or materials to stormwater, the facility must comply with the stormwaterrequirements of this chapter.

1.6

Based on the information submitted with the permit application, the Agency has determined the Permittee meetsthe exclusion criteria for "No Exposure" in accordance with Minnesota Rules Chapter 7090.3060.

1.7

Permit Issued:

Permit Expires:

Submit eDMRs:Submit eDMRs via the MPCA Online Services Portal at: https://netweb.pca.state.mn.us/private/

Submittals and Actions ChecklistWLSSD WWTP

Page 1 of 1

Permit #: MN0049786

This checklist is intended to assist you in tracking the reporting requirements of your permit. However, it is only an aid. PLEASE CONSULT YOUR PERMIT FOR THE EXACT REQUIREMENTS.

Please note: This checklist only details submittal requirements for the next five years. DMRs, Annual Reports, and many other submittals are required even after the expiration date of this permit, and continue to be due until the permit is either reissued or terminated.

MPCA Staff Contacts:For eDMR-related questions: Tamara Dahl at (507)476-4252For other questions: Craig Weingart at (218)302-6650

Submit other WQ reports to:Attention: Submittals CenterMinnesota Pollution Control Agency520 Lafayette Rd NSt. Paul, MN 55155

Dependent DateSubmit DMR

Other SubmittalsIf, during any cropping year, biosolids were transferred, or not land applied, the Permittee shall submit a Biosolids Annual Report by December 31 following the end of thecropping year. The report shall state that biosolids were not land applied, how much was generated, and where they were transferred to. {Permit Req't. 10.9.2}Permit Reissuance. If the Permittee desires to continue permit coverage beyond the date of permit expiration, the Permittee shall submit an application for reissuance atleast 180 days before permit expiration. If the Permittee does not intend to continue the activities authorized by this permit after the expiration date of this permit, thePermittee shall notify the MPCA in writing at least 180 days before permit expiration.

If the Permittee has submitted a timely application for permit reissuance, the Permittee may continue to conduct the activities authorized by this permit, in compliance withthe requirements of this permit, until the MPCA takes final action on the application, unless the MPCA determines any of the following (Minn. R. 7001.0040 and 7001.0160):

a. The Permittee is not in substantial compliance with the requirements of this permit, or with a stipulation agreement or compliance schedule designed to bring thePermittee into compliance with this permit;

b. The MPCA, as a result of an action or failure to act by the Permittee, has been unable to take final action on the application on or before the expiration date of the permit;

c. The Permittee has submitted an application with major deficiencies or has failed to properly supplement the application in a timely manner after being informed ofdeficiencies. {Permit Req't. 12.1.52}Submit a Disinfection Compliance Plan Progress Report within one year of permit issuance. {Permit Req't. 1.2.9}

Submit a Disinfection Compliance Plan Progress report within two years of permit issuance. {Permit Req't. 1.2.10}

Submit a Disinfection Compliance Plan to the MPCA within 180 days of permit issuance. {Permit Req't. 1.2.8}

Submit a Large Volume/Concentration Sample Plan for TCDD-TEQ (Dioxins), PCBs, and DDT. The Large Volume/concentration Sample Plan for TCDD-TEQ, PCBs, andDDT shall address using a "large volume/concentration sample technique" as a substitute for fish tissue sampling) or other method which meets Minn. R. 7052.0250,subpart 4 on an annual testing and reporting basis, to assess the current levels of TCDD-TEQ, PCBs, and DDT in the treatment effluent. Reporting shall also discuss theprogresss of achieving reductions for these constituents. Submit a Sampling Plan by 90 days after the end of each year following permit issuance. {Permit Req't. 7.7.1}Submit an annual report that includes results of the annual monitoring required for TCDD-TEQ (Dioxin), PCBs, and DDT by the Large Volume/Concentration Plan and thePollutant Minimization Plan. The annual report shall be submitted by September 30 of each year following permit reissuance. {Permit Req't. 7.7.3}Submit the final priority pollutant sampling test results with the application for permit reissuance. {Permit Req't. 7.5.7}

Submit the fourth priority pollutant sampling results no later than 365 days before permit expiration. {Permit Req't. 7.5.6}

Submit the results of the first priority pollutant sampling event by 1,460 days before permit expiration. {Permit Req't. 7.5.3}

Submit the results of the second priority pollutant sampling event by 1,095 days before permit expiration. {Permit Req't. 7.5.4}

Submit the results of the third priority pollutant sampling event by 730 days before permit expiration. {Permit Req't. 7.5.5}

The permit shall submit notification of attainment or non-attainment of the final mercury limits to the MPCA, within 14 days after the expected date of attainment of the finalmercury limit. {Permit Req't. 1.2.4}The Permittee is required to submit a Pollutant Minimization Plan (PMP) for TCDD-TEQ (Dioxin), PCBs and DDT within 90 days after permit reissuance. The PMP shallfollow the requirements of Minn. R. 7052.0250, subpt. 4 that includes quarterly monitoring of the influent, semi-annual monitoring of significant TCDD-TEQ, PCB, and DDTsources with an annual review of those facilities, and an annual status report.Submit a Pollutant Minimization Plan by 90 days after permit issuance. {Permit Req't. 7.7.2}The Permittee shall submit an annual MMP update following MPCA approval of the MMP. The annual MMP update shall be submitted to the MPCA by March 31 of eachcalendar year and shall include, but is not limited to:a) All minimization program monitoring results for the previous year.b) A list of potential sources of mercury.c) A summary of all actions taken to meet the final effluent limit for mercury.d) Any updates to the internal process control strategy.e) Any updates specific to the control strategy, and mercury sampling and reduction schedules specific to your Facility. {Permit Req't. 1.3.2}The Permittee shall submit annual progress reports for mercury, following MPCA approval of the Mercury Compliance Plan. The annual progress reports shall be submittedto the MPCA by January 31 of each calendar year and shall include, but is not limited to:a) Information on any emerging technologies that might be available for treatment;b) An evaluation of any changes to the existing technology options;c) Information and updates on any completed or upcoming pilot projects;d) A summary of all of the activities that the Permittee completed during the 12 month period; ande) A schedule of activities the Permittee will complete within the next 12 month period.

{Permit Req't. 1.2.2}

Minnesota Pollution Control AgencySpecific Effluent Monitoring Frequencies for DDT and Heptachlor 26...

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