DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT 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 STATE OF MINNESOTA Minnesota Pollution Control Agency Industrial Division National Pollutant Discharge Elimination System (NPDES)/ State Disposal System (SDS) Permit MN0070262 PERMITTEE: Recovery Technology Solutions FACILITY NAME: Recovery Technology Solutions RECEIVING WATER: Chub Creek CITY OR TOWNSHIP: Randolph COUNTY: Dakota ISSUANCE DATE: EXPIRATION DATE: The state of Minnesota, on behalf of its citizens through the Minnesota Pollution Control Agency (MPCA), authorizes the Permittee to construct, install and 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 US statutes and rules, including Minn. Stat. chs. 115 and 116, Minn. R. chs. 7001, 7050, 7053, 7060, 7090, and the US Clean Water Act. This permit is effective on the issuance date identified above. This permit expires at midnight on the expiration date identified above. Signature: Jeff Udd, P.E. for The Minnesota Pollution Control Agency Supervisor, Water Quality Permits Unit Water Section Industrial Division DMRs are to be submitted electronically at: Questions on this permit? https://netweb.pca.state.mn.us/private/ For DMR and other permit reporting issues, contact: Jennifer Satnik, 651‐757‐2692. Submit Other WQ Reports to: For specific permit requirements or permit compliance Attention: WQ Submittals Center status, contact: Minnesota Pollution Control Agency Chandi McCracken, 651‐757‐2232. 520 Lafayette Rd N St Paul, MN 55155‐4194 General permit or NPDES program questions, contact: MPCA, 651‐282‐6143 or 1‐800‐657‐3938.
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
STATE OF MINNESOTA
Minnesota Pollution Control Agency
Industrial Division National Pollutant Discharge Elimination System (NPDES)/
State Disposal System (SDS) Permit MN0070262 PERMITTEE: Recovery Technology Solutions FACILITY NAME: Recovery Technology Solutions RECEIVING WATER: Chub Creek CITY OR TOWNSHIP: Randolph COUNTY: Dakota ISSUANCE DATE: EXPIRATION DATE: The state of Minnesota, on behalf of its citizens through the Minnesota Pollution Control Agency (MPCA), authorizes the Permittee to construct, install and 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 US statutes and rules, including Minn. Stat. chs. 115 and 116, Minn. R. chs. 7001, 7050, 7053, 7060, 7090, and the US Clean Water Act. This permit is effective on the issuance date identified above. This permit expires at midnight on the expiration date identified above. Signature:
Jeff Udd, P.E. for The Minnesota Pollution Control Agency Supervisor, Water Quality Permits Unit Water Section Industrial Division
DMRs are to be submitted electronically at: Questions on this permit?
https://netweb.pca.state.mn.us/private/ For DMR and other permit reporting issues, contact: Jennifer Satnik, 651‐757‐2692.
Submit Other WQ Reports to: For specific permit requirements or permit compliance Attention: WQ Submittals Center status, contact: Minnesota Pollution Control Agency Chandi McCracken, 651‐757‐2232. 520 Lafayette Rd N
St Paul, MN 55155‐4194 General permit or NPDES program questions, contact: MPCA, 651‐282‐6143 or 1‐800‐657‐3938.
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Permit MN0070262
Table of Contents Permitted Facility Description 3 Facility Location and Route to Receiving Water 4 Summary of Stations and Station Locations 5 Limits and Monitoring Requirements 6 Chapter 1. Special Requirements 7 Chapter 2. Industrial Process Wastewater 9 Chapter 3. Industrial Water Treatment/Cooling Process Water 11 Chapter 4. Stormwater Management 11 Chapter 5. Surface Discharge Stations 22 Chapter 6. Waste Stream Stations 24 Chapter 7. Total Facility Requirements 25
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Permit MN0070262
Facility Description Recovery Technology Solution (RTS) is proposing construction of a new industrial facility to be located in the city of Randolph Great Western Industrial Park. Physically, the facility will be located in the NW¼ of the SE¼ of the NW¼ Sec. 5, T112N, R18W [284th Street East, Randolph, Dakota County]. The proposed facility will be a recycled asphalt shingle (RAS) asphalt extraction plant with a processing capacity of 200 tons per day of RAS. RTS will receive RAS via side sump rail cars and also by dumpsters delivered by trucks. Raw shingles will be stored outdoors before being sent to grinding. Ground shingles will be stored in a storage building before being sent to the extraction process. In the extraction process, ground shingles will be put in contact with the liquid hydrocarbon solvent toluene. The solvent dissolves the asphalt out of the shingles forming miscella, which is a mixture of toluene, water and asphalt. Sand, fiberglass, granules, and other materials are left behind as by‐products. These by‐products are further processed to recover the solvent. A series of steam trays in a desolventizer/toaster (DT) are used to evaporate off the toluene from the by‐products. To recover the toluene from the miscella, it is sent through a series of evaporators. Industrial process wastewater collects in the extraction skim pit. This waste stream is regulated as station WS 001 and must be treated and pollutant levels reduced to meet technology‐based effluent limitations prior to co‐mingling with other waste streams. The Permittee has proposed treatment of this waste stream through an air stripper followed by granular activated carbon. There are a number of processes contributing to the overall wastewater discharge from the proposed new facility. Raw well water will be used in the rotochopper cooling/dust control process. Water will be added to the RAS during grinding to reduce minimize heat from friction within the machine and for dust control. Water for use in the boiler and cooling towers is pretreated through a sand filter followed by purification to remove naturally occurring materials in a reverse osmosis system. The resulting water stream is routed directly to the cooling towers, or softened before use in the boiler. Discharge Waste Streams:
Process Gallons/Day
Sand Filter Backwash 2,880
RO Reject 1,440
Cooling Tower Blowdown 15,840
Softener Regenerant Recycled*
Boiler Blowdown 1,440
Shredded Material Drainage Recycled*
Extraction Skim Pit 8,640
Total 30,240
The permittee proposes a total facility discharge (excepting stormwater) discharge to Chub Creek via an underground pipe paralleling the Chicago and Northwestern Railroad tracks (from the facility to surface waters is ≈1.16 miles). This discharge is regulated as station SD 001. This permit also will authorize the discharge of stormwater associated with industrial activities.
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Permit MN0070262
The location of the facility and route to receiving water is shown on the on the Topographical Map next page.
Submit Notice of completion of construction by December 2, 2013. The Permittee shall notify the MPCA prior tothe due date if it is unable to complete construction by December 2, 2013. An alternate date and revisedschedule shall be provided with the notification.
Completing construction by 12/02/13 is not a permit requirement and there are no penalties or violationsassociated with failure to complete construction by December 2, 2013. The date is merely used herein fortracking purposes. However, the failure to notify the MPCA of achieving or not achieving the date and submittalof an alternate construction completion date is a permit violation and could result in enforcement actionincluding the assessment of a penalty.
1.4
The Permittee must be in a position to comply with all permit requirements and attain final limits upon Initiationof Operation date.
1.5
2. Special Requirements
Pre-Total Maximum Daily Load (TMDL) Phosphorus Trading
Because the proposed discharge to is considered a new discharge upstream of an impaired water [Lake Byllesby], the MPCA requires that the permitted phosphorus mass from this discharge be offset through a pre-TotalMaximum Daily Load phosphorus trade. In anticipation of this, the Permittee has agreed to purchase permittedload at a ratio of 1.2 to 1 from the City of Northfield's WWTF. The proposed mass discharge limit ofphosphorus required for this facility is calculated as 37 kilograms (kg) of phosphorus per year. The Permittee istrading 44 kg of Phosphorus per year in offsets from the City of Northfield's WWTF.
Phosphorus credits will be owned by the Permittee for the length of the contract or until the Byllesby ReservoirTMDL is completed and a waste load allocation (if any) is established.
2.1
The Phosphorus Trade Agreement is a signed, contractual agreement between the Permittee and Seller andshould include, but is not limited to, the method used to determine the level of phosphorus requiring removal, adescription of fluctuations in the Permittee's and/or Seller's discharge (if applicable), how any increased masswill be accounted for, and a contingency plan in the event the Seller withdraws from the program or otherwisefails to remove the equivalent mass of phosphorus. The MPCA recommends a 5-year Agreement term to coincidewith the NPDES/SDS permit term and the ability to amend this Agreement should either party require it.
2.2
The Permittee's discharge shall not cause a net increase in the total phosphorus permitted mass load to theByllesby Reservoir Watershed. The mass of phosphorus discharged from the facility may be offset by removal ofan equivalent mass of phosphorus from another discharger discharging treated wastewater into Lake Byllesby,resulting in no net increase in phosphorus to Lake Byllesby. An actual reduction of phosphorus to the water bodywill be achieved when the trade ratio is applied.
For each trade, buyers are required to purchase phosphorus in excess of the exact amount needed to meet permitlimits, called trade ratios. Trade ratios for point source facilities in the same major watershed are 1.2 to 1.0 fornew facilities and 1.1 to 1.0 for expanding facilities. Trade ratios for point source facilities in different majorwatersheds but the same basin and the seller is closer in river miles to the impaired water are 1.2 to 1.0 for newfacilities and 1.1 to 1.0 for expanding facilities. The trade ratio for point source facilities in different majorwatersheds in the same basin and the buyer is closer in river miles to the impaired water than the seller is 1.4 to1.0. Both the buyer and seller must discharge upstream of the identified impaired water. The MPCA will notapprove trades that will make worse the violation of a water quality standard. All trades are reviewed by theMPCA on a case-by-case basis.
Any modifications to the Agreement shall be submitted to the MPCA no later than 30 days after finalization ofthe modification and the "Pre-TMDL Phosphorus Trading Application to Trade Form" shall be updated based onthe modification and submitted no later than 30 days after finalization of the changes. The permit may bemodified based on this Form and Agreement. The Permittee shall not initiate operation until issuance of thepermit modification, if required.
2.4
The Permittee shall notify the MPCA when the actual discharge reaches 75% of the mass offset by trading.Should the Permittee need to offset additional mass, the Permittee shall request a modification to the permit bysubmitting a new or updated Agreement and Form. The Permittee shall not discharge an increase in phosphorustraded prior to a modification of the permit.
2.5
The Permittee shall comply with the conditions of the Phosphorus Trade Agreement, including the reductions ofphosphorus from nonpoint sources called for by the agreement. The Permittee shall submit to the MPCA, anannual certification of compliance with its obligations under the Phosphorus Trade Agreement.
2.6
The Permittee shall notify the MPCA if it receives a waste load allocation under a final Lake Byllesby TMDL.
This permit may be modified to incorporate a waste load allocation under a final Lake Byllesby TMDL.
2.7
Chapter 2. Industrial Process Wastewater
1. Authorization
The Permittee is authorized to discharge industrial process wastewater from the extraction skim pit in accordancewith and in compliance with the conditions and limitations contained in this permit.
1.1
2. Prohibited Discharges
This permit does not authorize the discharge of sewage, wash water, scrubber water, spills, oil, hazardoussubstances, or equipment/vehicle cleaning and maintenance wastewaters to ditches, wetlands or other surfacewaters of the state.
2.1
The Permittee shall prevent the routing of pollutants from the facility to a municipal wastewater treatment systemin any manner unless authorized by the pretreatment standards of the MPCA and the municipal authority.
2.2
The Permittee shall not transport pollutants to a municipal wastewater treatment system that will interfere withthe operation of the treatment system or cause pass-through violations of effluent limits or water qualitystandards.
2.3
The Permittee is prohibited from the discharge of untreated process wastewater.2.4
3. Chemical Additives
Submit a list of water treatment/chemical additives. submit a report by 30 days before completion ofconstruction.
3.1
Prior to initiation of operation, the Permittee shall provide the MPCA with a list of chemical additives which willbe used in the water treatment and cooling processes.
Information which shall be provided to facilitate review and approvability for water treatment/chemical additivesincludes:a) Material Safety Data Sheet. If the MSDS does not include complete product ingredients total 100%,additional information on product composition shall be provided. Confidentiality on chemical componentcomposition will be provided at the company�s request.b) Commercial and chemical names, including CAS number for all ingredientsc) Aquatic toxicity and human health or mammalian toxicity data including a carcinogenic, mutagenic, ortetratogenic concern or rating;d) Environmental fate information including, but not limited to, persistence, half-life, intermediate breakdownproducts, and bioaccumulation data;e) Complete product label and instruction sheet(s);f) The proposed method of application, dosage rate (in parts per million of wastewater discharged/day) andfrequency of application (continuous, number of hours per day, number of days per year);g) Purpose of use (microbiocide, scale/corrosion control, dechlorination);h) Outfall from which the product is to be discharge and volume of discharge; andi) The type of removal treatment, if any, that the water treatment additive receives prior to discharge.
3.3
4. Toxic Substance Reporting
The Permittee shall notify the MPCA immediately of any knowledge or reason to believe that an activity hasoccurred that would result in the discharge of a toxic pollutant listed in Minnesota Rules, pt. 7001.1060, subp. 4to 10 or listed below that is not limited in the permit, if the discharge of this toxic pollutant has exceeded or isexpected to exceed the following levels:
a. for acrolein and acrylonitrile, 200 ug/L;
b. for 2,4-dinitrophenol and 2-methyl-4,6-dinitrophenol, 500 ug/L;
c. for antimony, 1mg/L;
d. for any other toxic pollutant listed in Minnesota Rules, pt. 7001.1060, subp. 4 to 10, 100 ug/L; or
e. five times the maximum concentration value identified and reported for that pollutant in the permitapplication. (Minnesota Rules, pt. 7001.1090, subp. 2.A)
4.1
The Permittee shall notify the MPCA immediately if the Permittee has begun or expects to begin to use ormanufacture as an intermediate or final by-product a toxic pollutant that was not reported in the permitapplication under Minnesota Rules, pt. 7001.1050, subp. 2.J. (Minnesota Rules, pt. 7001.1090, subp. 2.B)
4.2
5. Application for Permit Reissuance
The permit application shall include analytical data as part of the application for reissuance of this permit. Theseanalyses shall be done on individual samples taken during the twelve-month period before the reissuanceapplication is submitted.
5.1
The Permittee shall include, as part of the application for reissuance of this permit:
a. a current map/sketch of the facility showing the location of significant features [e.g., shingle off-load areas,buildings, parking lots, treatment works, monitoriong point(s), stormwater detention basins, etc.;
b. an updated water balance for the facility; and
c. an updated Stormwater Pollution Prevention Plan for the facility.
The Stormwater Pollution Prevention Plan may be a revision of or an attachment to the current StormwaterPollution Prevention Plan.
5.3
6. General Requirements
The wastewater discharge from the extraction skim pit shall be treated for the reducation and/or removal ofpollutants (toluene) using a treatment system that conforms with best available technology economicallyachiveable (BAT) [e.g., air stripper, granualar activated carbon] prior to co-mingling with the watertreatment/cooling waste streams.
6.1
Chapter 3. Industrial Water Treatment/Cooling Process Water
1. Authorization
This chapter authorizes the Permittee to discharge wastewater generated at the facility, through water treatmentprocesses [reverse osmosis reject, sand filter backwash] and heating and cooling operations [cooling towers,boiler] as further described in the 'Facility Description' portion of this permit. Discharge activity is limited by the'Limits and Monitoring' section of this permit, as well as the other terms and conditions of this permit.
1.1
Chapter 4. Stormwater Management
1. Authorization
This chapter authorizes the Permittee to discharge stormwater associated with industrial activity in accordancewith the terms and conditions of this chapter.
1.1
2. Water Quality Standards
The Permittee shall operate and maintain the facility and shall control runoff, including stormwater, from thefacility to avoid the discharge of pollutant(s) at levels which would cause or contribute to an exceedance of waterquality standards as found in Minn. R. 7050 and 7060.
2.1
The Permittee shall limit and control the use of materials at the facility that may cause or contribute toexceedances of ground water standards specified in Minnesota Rules, ch. 7060. These materials include, but arenot limited to, detergents and cleaning agents, solvents chemical dust suppressants, fuels, drilling fluids, oils,fertilizers, explosives and blasting agents.
2.2
3. Stormwater Pollution Prevention Plan
The Permittee shall develop, implement and maintain a Stormwater Pollution Prevention Plan (SWPPP) toaddress the specific conditions at the industrial facility. The goal of the plan is to eliminate or minimizestormwater contact with significant materials and/or industrial activities that may result in the runoff ofcontaminated stormwater.
3.1
The SWPPP is intended to identify the industrial activities conducted at the site, including any structural controlpractices, which the facility will implement to prevent pollutants from making their way into stormwater runoff.The SWPPP also must include descriptions of other relevant information, such as the physical features of thefacility, and procedures for spill prevention, conducting inspections, and training of employees. The SWPPP isintended to be a �living� document, updated as necessary, such that when industrial activities or stormwatercontrol practices are modified or replaced, the SWPPP is similarly revised to reflect these changes.
The SWPPP shall:a. Identify areas where stormwater has the potential to contact significant materials and/or industrial activities;b. Identify best management practice (bmp) installed or implemented for the control, elimination or reduction ofpollutants in stormwater runoff.c. Identify the location of each bmp installed or implemented for the control, elimination or reduction ofpollutants in stormwater runoff.d. Provide a detailed description of the purpose for each bmp and how performance of will be monitored andmeasured for effective.
3.3
The SWPPP shall be developed in conjunction with facility construction and shall be substantially complete priorto initiation of operation. The SWPPP shall be made available to the MPCA upon request.
3.4
4. Erosion and Sedimentation Control
The Permittee shall identify areas at the facility that, due to topography, land disturbance (e.g., construction,grading, landscaping), or other factors, have potential for soil erosion. The Permittee shall implement erosionprevention and sediment control measures such as protective structures, vegetative cover and/or soil stabilizationBMPs to prevent or control on-site erosion and reduce sediment loads in stormwater discharges.
4.1
5. Inspection and Maintenance
Catch basins near the washing area shall be periodically inspected and maintained to ensure the basins areunobstructed, and stormwater is able to flow freely off-site.
5.1
The concrete curb(s) along the eastern property boundary shall be maintained in a manner so as to not allow foruncontrolled runoff and/or erosion. This requirement is exclusive of uncontrolled runoff/erosion caused by riverflooding, or other acts over which the permittee has no control.
5.2
The Permittee shall inspect the following areas: material storage and handling areas; liquid storage tanks,hoppers, and silos; vehicle and equipment maintenance, cleaning, and fueling areas; and material handlingvehicles, equipment, and processing areas. Ensure that appropriate action is taken in response to the inspectionby using follow-up procedures. Document in the SWPPP the inspections and follow up actions.
5.3
The Permittee shall ensure that a total of two (2) of the required monthly inspections occur during runoff events,with at least one being performed during snow melt. Each inspection shall include a visual assessment of therunoff to identify any visible sheens or films that indicate the presence of oil or grease in the discharge. If sheensare present in stormwater discharges, corrective actions to prevent sheen shall be implemented and documentedin the SWPPP.
5.4
6. Best Management Practices (BMP)
The Permittee shall develop, implement, and maintain stormwater BMPs, economically reasonable andappropriate in light of current industry practices. These BMPs shall be designed to eliminate or reduce contact orexposure of pollutants to stormwater or to remove pollutants from stormwater prior to discharge from the facility.BMPs shall be selected, designed, installed, implemented and maintained in accordance with good engineeringpractices.
The following shall be considered when selecting BMPs:1) Opportunities to prevent stormwater from coming into contact with polluting materials such as storm resistantshelters. Storm-resistant shelters include completely roofed and walled buildings or structures, as well asstructures with only a top cover but no side coverings, provided material under the structure is not otherwisesubject to any run-on and subsequent runoff of storm water.;2) BMPs may need to be used in coming into with each other for most effective water quality protections;3) The type and quantity of pollutants, including their potential impact receiving water quality;4) Flow attenuation by use of open vegetated swales and natural depressions;5) Diverting flow(s) from areas of materials handling, storage or use;6) Conversation or restoration of riparian buffers;7) Infiltration of runoff from on-site; and8) Need for treatment components (e.g., oil/water separators, swirl separators and sand filters). If contact cannotbe eliminated or reduced, stormwater that has contacted significant materials and/or industrial activities mayneed to be treated for pollutant removal/reduction prior to discharge and/or runoff from the site.
6.2
The Permittee shall document in the SWPPP the technical basis for the selection of all stormwater BMPsincluding:1) The criteria used to select stormwater BMPs;2) The pollutant removal performance expected from each of the BMPs;3) An assessment of how the selected BMPs comply with all known, available, and reasonable methods ofprevention, control and treatment consistent with current industry practices; and4) An assessment of how the selected BMPs will reduce pollutant loadings so the discharge of stormwaterassociated with an industrial activity does not cause or contribute to a water quality impairment.
6.3
The following references are available for the Permittee to keep apprised of new BMPs or new applications ofexisting BMPs for the most effective means of achieving pollution control and ensuring water quality protection.
-Storm Water Management for Industrial Activities, Developing Pollution Prevention Plans and BestManagement Practices, September 1992; EPA 832/R-92-006, NTIS No. PB 92-235969, ERIC No. N477.
-Storm Water Management for Industrial Activities, Developing Pollution Prevention Plans and BestManagement Practices: Summary Guidance, EPA 833/R-92-002, NTIS No. PB 94-133782, ERIC No. W492.
Copies of these documents (or directions on how to obtain them) can be obtained by contacting either the Officeof Water Resource Center (Using the EPA document number as a reference) at 202-260-7786; or EducationalResources Information Center (ERIC) using the ERIC number as a reference at 800-276-0462. Updates of thesedocuments may also be available. A list of EPA BMP guidance documents is available on the OWM Home Pageat http://www.epa.gov/owm. These EPA guidance documents are listed here for information purposes only; theyare not biding and neither the MPCA nor EPA intend that these guidance documents have any mandatory,regulatory effect by virtue of their listing.
6.4
7. Reporting
Submit a Stormwater Annual Report by March 31 of each year following permit issuance. A copy of theStormwater Annual Report Form is provided in the appendices section of this permit.
7.1
8. Definitions
"Cycle" shall mean a period of time consisting of twelve consecutive calendar months. A cycle shall incorporatefour calendar quarters.
"Benchmark Monitoring Location" for purposes of industrial stormwater monitoring, means the location(s)within the boundary of the facility where the Permittee will collect stormwater samples for the purpose ofcompliance with the benchmark monitoring requirements of this permit.
The benchmark monitoring location(s) selected shall be in a location that:a. Is below the most down-gradient BMP from the source of industrial activity or significant materials, but priorto discharging from the Permittee's operational control.b. Minimizes or eliminates sampling of stormwater from off-site sources (run-on).c. Yields a sample that best represents the contribution of pollutants the Permittee is required to monitor for andthat discharge from an area of industrial activities, processes, and significant materials exposed to stormwater. Ifthe Permittee has identified multiple, but separate, areas of drainage, activities, exposure and BMPs thatdischarge substantially similar pollutants, the Permittee may choose one benchmark monitoring location that ismost representative and best allows for obtaining a sample.
8.2
"Impaired Water" means surface water that does not meet applicable water quality standards.8.3
"Significant Materials" includes, but is not limited to: raw materials; fuels; materials such as solvents, detergents,and plastic pellets; finished materials such as metallic products; raw materials used in food processing orproduction; hazardous substances designated under Section 101(14) of the Comprehensive EnvironmentalResponse, Compensation, and Liability Act (CERCLA); any chemical the facility is required to report pursuantto Section 313 of the Emergency Planning and Community Right-to-Know Act (EPCRA); fertilizers; pesticides;and waste products such as ashes, slag, and sludge that have the potential to be released with stormwaterdischarges. When determining whether a material is significant, the physical and chemical characteristics of thematerial should be considered (e.g., the material's solubility, transportability, and toxicity characteristics) todetermine the material's pollution potential. [40 CFR 122.26(b)(12)].
8.4
"No Exposure" means that all industrial materials or activities are protected by a storm resistant shelter to preventexposure to rain, snow, snow melt, or runoff. Industrial materials or activities include, but are not limited to,material handling equipment or activities, industrial machinery, raw materials, intermediate products,by-products, final products, or waste products. Material handling activities include the storage, loading andunloading, transportation, or conveyance of any raw material, intermediate product, final product, or wasteproduct. (Minn. R. 7090.0080, subp.9.)
8.5
"Infiltration Device" for purposes of the industrial stormwater, means a device to which industrial stormwaterrunoff is diverted, collected, or conveyed for the purpose of infiltration. This includes all man-made and naturalinfiltration areas to which runoff is diverted. An infiltration device does not include the parts of the system thatdiverts, collects, or conveys industrial stormwater. Incidental infiltration from conveyances such as swales orditches, including those with erosion prevention devices such as vegetation, silt fence, or fiber bails, is not aninfiltration device. However, swales, ditches, or similar devices constructed with stop logs, ditch excavation forstorage or other retention devices, which are for the purpose of increased infiltration, are infiltration devices.Wetlands (including types 1 through 8) and other natural surface water bodies are not infiltration devices or partsof infiltration device systems, and cannot be used as infiltration devices, unless mitigated inaccordance with applicable state rules.
8.6
For the categories of industries identified in paragraphs (b)(14 (i) through (x) of 40 CFR 122.26, the term"stormwater associated with an industrial activity" includes, but is not limited to, storm water discharges fromindustrial plant yards; immediate access roads and rail lines used or traveled by carriers of raw materials,manufactured products, waste material, or by-products used or created by the facility; material handling sites;refuse sites; sites used for the application or disposal of process waste waters (as defined at 40 CFR part 401);sites used for the storage and maintenance of material handling equipment; sites used for residual treatment,storage, or disposal; shipping and receiving areas; manufacturing buildings; storage areas (including tank farms)for raw materials and intermediate and finished products; and areas where industrial activity has taken place inthe past significant materials remain and are exposed to storm water.
The term 'Intervention' as given in the Limits and Monitoring Page for stormwater monitoring stations under the'limit type' column shall mean Benchmark Values. (See also item 9)
8.8
"One Mile" for purposes of this permit, means a direct horizontal distance of one mile measured from anydischarge location at the industrial facility property boundary to the Ordinary High Water Level (Minn. Stat.103G.005, subd. 14) where the industrial stormwater discharge enters either a water listed as impaired underSection 303(d) of the Clean Water Act, or any water listed as an outstanding resource value water (see Minn. R.7050.0180).
8.9
The term "Calendar Year Average Intervention-QTR" under the 'Limit Type' column on the Limits andMonitoring Page shall mean "Calendar Year Average" based on four consecutive calendar quarters.
8.10
The Limit Type: "Calendar Year Average Intervention - Qtr'"for the purposes of stormwater monitoring isdefined as a benchmark value resulting from the average of four quarterly samples taken during a monitoringcycle.
8.11
9. General Requirements
The Permittee shall review the SWPPP at least annually and modify the SWPPP as necessary, if:1. There is construction or a change in design, operation, or maintenance at the facility related to stormwatermanagement or compliance with this permit.2. The Permittee has identified a facility stormwater discharge location from which the discharge flows to, and iswithin one mile of, a water listed as impaired under Section 303(d) of the Clean Water Act [33 U.S.C. � 303(d)].3. A USEPA-approved TMDL has been developed that applies to a water listed as impaired under Section 303(d)of the Clean Water Act [33 U.S.C. �303(d)], and the TMDL is applicable to the facility discharge.
9.1
10. Site Map
The SWPPP shall include a facility map(s) of 1:24,000 scale or larger (e.g., United States Geological Survey mapor equivalent), and must depict the following:a. Location of the facility in relation to surface watersreceiving industrial stormwater discharges from the facility.b. Location of all impervious surfaces within the industrial facility property boundaries.c. Directions of stormwater flow indicated by arrows.d. Location of all structural BMPs.e. Location of all storm sewer inlets.f. Location of all loading dock drains, including those that connect to a storm sewer.g. Location of all industrial activities and significant materials identified in the Facility Assessment of IndustrialActivities and Significant Materials.h. Location and description of any authorized non-stormwater discharges.
10.1
The Permittee shall include on the facility map the location of each benchmark monitoring location. Eachbenchmark monitoring location will be assigned a unique identifying number and that number will be used whensubmitting monitoring data on the DMR forms. Each benchmark monitoring location that has a dischargelocation from which the discharge flows to, and is within one mile of an impaired water, shall be clearly labeled.
10.2
11. SWPPP Contents
The SWPPP shall identify the individual(s) responsible for managing, implementing, maintaining, modifying,and ensuring compliance with the facility's SWPPP.
11.1
The SWPPP shall list all personnel who are appropriately trained to conduct sampling and facility inspections.All information regarding the Employee Training Program shall be included with the SWPPP, or kept as aseparate document.
11.2
The SWPPP shall contain a Mercury Minimization Plan if the Permittee has discovered mercury sources.11.3
Documentation pertaining to the elimination of unauthorized non-stormwater discharges.11.4
All information pertaining to maintenance, including a preventive maintenance schedule, as required by theMaintenance Requirements section of this chapter.
11.5
12. Good Housekeeping & Control Measures
Exposed areas that may contribute pollutants to stormwater shall be kept sufficiently clean to reduce or eliminatecontaminated stormwater runoff. Typical problem areas include, but are not limited to, trash containers, storageareas, loading docks and vehicle fueling and maintenance areas.
12.1
The Permittee shall describe and implement measures that prevent or minimize contamination of stormwaterrunoff from delivery vehicles carrying significant materials arriving at the facility. The Permittee shall haveprocedures ensuring overall integrity of the body or container and procedures to deal with leakage or spillagefrom vehicles or containers.
12.2
Exposed areas that may contribute pollutants to stormwater shall be kept sufficiently clean to reduce or eliminatecontaminated stormwater runoff. Typical problem areas include, but are not limited to, trash containers, storageareas, loading and unloading areas and vehicle fueling and maintenance areas.
12.3
The Permittee shall describe and implement procedures to reduce or control the tracking of materials fromloading/offload areas. Clear the area and immediate adjacent roadways of spillage, debris and/or in excess waterbefore departure of each loaded vehicle.
12.4
13. Inventory of Exposed Significant Materials
The SWPPP shall include a current inventory of significant materials handled or stored at the industrial facilitythat may potentially contact stormwater. The inventory shall also include pollutants associated with eachsignificant material identified.
13.1
The facility SWPPP shall include a current list of all industrial activities and materials storage and handling areasthat are potential sources of pollutants and evaluate facility areas for exposure of significant materials tostormwater.
13.2
In creating the inventory of exposed significant materials, the Permittee must, at a minimum, evaluate thefollowing areas at the industrial site (as well as other areas where appropriate) to determine whether or notsignificant materials are exposed in these areas:a. vehicles and equipment maintenance, parking and storage areas including fueling and washing/cleaning areas;b. liquid storage tanks and other bulk material stockpile areas;c. loading and unloading areasd. outdoor manufacturing, processing or storage areas and industrial plant yards, to determine if there isdiscolored soil in these areas as a result of leaked or spilled solvents, fuels, or lubricants;e. dust or particulate generating areas including dust collection devices that may release dust;f. rooftops contaminated by industrial activity or operation of a pollution control device;g. on-site waste disposal areas, such as waste ponds, dumpsters, solid waste storage or management areas; andh. exposed (non-vegetated) soil areas where there is a potential for erosion to occur.
13.3
The Permittee following are examples of materials, that if exposed to stormwater, must be included in theinventory:a. raw materials, by-products, intermediate products, or finished materials;b. waste products, such as ashes, sludge, solid and liquid waste, slag;c. hazardous substances designated under section 101(14) of the Comprehensive Environmental ResponseCompensation and Liability Act (CERCLA); andd. any chemical the facility is required to report under section 313 of the Emergency Planning and CommunityRight-to-Know Act (EPCRA).
The Permittee shall develop and implement a monthly inspection schedule. The Permittee shall conduct at leasttwo inspections during precipitation events resulting in stormwater runoff. Additionally, the Permittee shallensure that a site inspection is conducted during a significant snowmelt event.
14.1
The Permittee shall inspect the following areas: material storage, handling, on-loading and offload areas; liquidstorage tanks, hoppers and silos; vehicle and equipment maintenance, cleaning, and fueling areas; and processingareas. The Permittee should evaluate if discoloured soil areas are the result of leaked or spilled solvents,degreasing agents, lubricants, fuels, etc. The Permittee shall ensure that appropriate actions are taken in responseto the inspections. Follow-up procedures and actions shall be documented in the SWPPP.
14.2
All site inspections shall include the following:
a. A walk-through of the site, including storage tanks and waste disposal sites; raw material, intermediateproduct, by-product and final product storage areas; maintenance and fuel areas; and loading/unloading areas.b. An evaluation to determine if the SWPPP accurately reflects current site conditions.c. An evaluation to determine whether new exposed industrial materials or activities have been added to the sitesince completion of the SWPPP.d. Assessment of bmps, structural and non-structural to determine if they are operating effectively andappropriately.
14.3
All facility inspections shall include the following;a. An evaluation of the facility to determine that the SWPPP accurately reflects site conditions as describedtherein. At a minimum, the Permittee shall inspect storage tank areas, waste disposal areas, raw material,intermediate product, by-product and final product storage areas, maintenance areas, and loading/unloading areas.b. An evaluation of the facility to determine whether new exposed industrial materials or activities have beenadded to the site since completion of the SWPPP.c. An evaluation of all structural and non-structural BMPs to determine effectiveness and proper function.
14.4
Each 'runoff' inspection shall include a visual assessment of the stormwater/snowmelt runoff to identify anyvisible sheens or films, to check for the presence of particulates or suspended materials, and/or erodingconditions. If sheens, particulates or eroding conditions are identified, corrective actions shall be taken anddocumented in the SWPPP.
14.5
All inspections shall be documented and stored with the SWPPP along with the following information:a. Inspection date, time and weather conditions.b. Name(s) of the person(s) conducting the inspection.c. Findings of the inspection.d. Description of any necessary corrective action(s), schedule for performing corrective action(s) and the date(s)correction action(s) was/were completed.
14.6
The Permittee is only required to conduct visual inspections of runoff originating from, or passing through, areasof industrial activity and/or significant materials. Any runoff that does not contact industrial activity and/orsignificant materials (e.g. office buildings, employee parking lots,natural areas, etc) is not required to be inspected.
14.7
15. Permanent Stormwater Management System
The SWPPP shall describe all permanent stormwater BMPs implemented at the facility to manage runoff,including, but not limited to, the permanent structural BMPs used to divert stormwater runoff away from fueling,manufacturing, treatment, storage, and disposal areas, and BMPs that treat, infiltrate, reuse, contain, or otherwisereduce pollutants in stormwater discharges.
The Permittee is authorized to use an industrial stormwater pond for stormwater management provided that theindustrial stormwater pond is:
a) designed in accordance with accepted engineering practices. (See Agency �Recommended Pond DesignCriteria� December 2009, Document number: wq-wwtp5-53 and any applicable supporting technical criteria)b) lined with a synthetic liner that is chemically compatible with materials expected to enter the pond,c) Ultra Violet (UV) stable, andd) designed to restrict infiltration to less than 500 gallons per acre per day.
15.2
Industrial stormwater ponds and infiltration devices shall not be located in areas where high levels ofcontaminants (as defined by the MPCA) exist in the soil or in the shallow aquifer, nor in any high risk karst areaunless a professional geotechnical evaluation is conducted by a qualified professional (e.g. professionalhydrogeologist, engineer, etc.) to ensure that the it does not present a significant risk to groundwater.
15.3
16. Notification Requirements
If the Permittee discharges stormwater into a municipal storm sewer, the Permittee shall notify the operator of themunicipal storm sewer of the existence of this permit.
16.1
17. Spill Prevention and Response Procedure
The Permittee shall develop and implement a spill prevention and response procedure. If the industrial facilityalready has a separate plan (e.g., Prevention and Response Plan as required by Minn. Stat. 115E.04 or a SpillPrevention Control and Countermeasure Plan as required by40 CFR 112, other similar, applicable regulation),that plan can be incorporated by reference into the SWPPP. In either case, a minimum of the followingcomponents shall be included with the SWPPP, or in a separate document:
Areas where the storage, transfer, or use of solid or liquid significant materials occurs, where spills and leaks ofthe material may potentially contribute pollutants to stormwater discharges.
Specific facility stormwater discharge locations and surface waters that may be affected by spills, leaks, ordischarges from emergency firefighting activities from each area identified, should a spill, leak or fire occur.
Spill prevention and containment stormwater control measures that identify BMPs for material handlingprocedures, storage requirements, and cleanup equipment/materials and procedures. All methods and proceduresmust be made available to appropriate facility personnel.
17.1
The Permittee shall document reportable spills or leaks of toxic or hazardous pollutants that occur in exposedareas, or that drain to a facility stormwater discharge location.
17.2
The Permittee shall include in the SWPPP contact information for individuals, and emergency and regulatoryagencies that must be notified in the event of a spill. When a spill or discharge of a potentially polluting materialoccurs, the Permittee shall immediately notify the Minnesota Department of Public Safety Duty Officer at1-800-422-0798 (toll free) or 651-649-5451 (metro area) per Minn. Stat. 115.061.
17.3
The Permittee shall describe and implement measures to reduce the potential for an oil or chemical spill, orreference the appropriate part of the facility SPCC plan.
17.4
18. Employee Training Program
Training shall cover the components and goals of the SWPPP and include such topics as spill responseprocedures, good housekeeping, material management practices, stormwater discharge monitoring procedures asrequired herein, and BMP operation and maintenance.
Training shall be commensurate with the job function of the employee(s) and shall be directed towardsemployees who work where industrial materials or activities are exposed to stormwater, or are responsible forimplementing activities identified in the SWPPP (e.g., inspectors, maintenance personnel).
18.2
At a minimum, the following individuals shall be trained:1. Employee(s) overseeing implementation of, revising, and amending the SWPPP.2. Employee(s) performing installation, inspection, maintenance, and repair of BMPs.3. Employee(s) who work in areas of industrial activity subject to this permit.4. Employee(s) who conduct sampling and/or monitoring of stormwater discharge(s).
18.3
The Permittee shall document all training sessions and the employees who received the training. A record of thetrainer's name and trainer's organization, and the names of trained individual(s) and dates that the individual(s)received training must be maintained, either in the SWPPP or in a separate record stored with the SWPPP.
18.4
The Permittee shall develop and implement a stormwater employee training program, which includes a schedulefor training employees who work in areas where industrial materials or activities are exposed to stormwater, orwho are responsible for implementing activities identified in the SWPPP (e.g., inspectors, maintenancepersonnel).At a minimum annual training shall be provided.
18.5
19. Stormwater Control Measures
The Permittee shall develop a description of stormwater management controls appropriate for the facility andimplement the management controls. The description of storm water management controls must address thefollowing minimum components, and include a schedule for implementing such controls:
a. a pollution prevention team;b. risk identification and assessment/material inventory;c. preventative maintenance;d. good housekeeping;e. spill prevention and response procedures;f. storm water management;g. sediment and erosion prevention;h. employee training;i. visual inspections;j. recordkeeping and internal reporting procedures; andk. non-storm water discharge(s).
19.1
Salt Storage (if present at the facility). The Permittee shall enclose or cover storage piles of salt or pilescontaining salt used for deicing or other commercial or industrial purposes to prevent exposure to precipitation.Exposure resulting from the adding or removal of material shall be controlled through appropriate measures (e.g.,good housekeeping, diversions, containment). Salt storage piles do not need to be enclosed or covered wherestormwater from the pile is not discharged to surface waters (including storm sewers or other conveyances) orgroundwater, or discharges from the piles are authorized and controlled under an NPDES/SDS permit.
19.2
Management of Runoff. The SWPPP shall describe all permanent stormwater BMPs implemented at the facilityto manage runoff; including, but not limited to, the permanent structural BMPs used to divert stormwater runoffaway from fueling, manufacturing, treatment, storage, and disposal areas, and BMPs that treat, infiltrate, reuse,contain, or otherwise reduce pollutants in stormwater discharges.
19.3
The Permittee shall design and implement best management practices (BMPs) for each stormwater controlmeasure outlined herein. All stormwater control measures, including BMPs, shall be designed and implementedto eliminate or reduce contact or exposure of pollutants to stormwater or remove pollutants from stormwaterprior to discharge from the facility.
Eliminating and Reducing Exposure. Materials management practices shall be evaluated to determine if and howinventories of exposed materials or industrial activities can be reduced or eliminated. The Permittee shall, to theextent prudent and feasible, locate industrial activities and significant materials in areas not exposed to rain,snow, snowmelt or runoff, or provide canopies for shelter.
19.5
20. Maintenance Requirements
If the Permittee identifies BMPs that are not functioning properly, the Permittee shall, repair, maintain, or replacethe BMP within seven (7) calendar days of discovery. If the BMP repair, maintenance, replacement cannot becompleted within seven (7) calendar days, the Permittee shall implement effective backup BMPs (temporary orpermanent), until effectiveness of the original BMP can be restored. The Permittee shall document thejustification for an extended repair, maintenance, replacement schedule of the failed BMPs and store it with theSWPPP.
20.1
The Permittee shall record dates of all maintenance and repairs. The Permittee shall store these records with theSWPPP.
20.2
Equipment Preventive Maintenance
The Permittee shall develop and implement a preventive maintenance program to be stored with the SWPPP. Theprogram shall require regular inspection, maintenance, and repair of industrial equipment and systems to identifyconditions that could cause breakdowns or failures that may result in leaks, spills, and other releases (e.g.,hydraulic leaks, torn bag-house filters, etc), and the discharge of pollutants to stormwater. The program mayincorporate by reference a separate Operation and Maintenance Manual (or equivalent), as long as it addressesthe items required above for the preventive maintenance program.
20.3
The Permittee shall develop a schedule of preventive maintenance for all stormwater BMPs. The schedule shallbe stored with the SWPPP.
20.4
21. Elimination of Unauthorized Non-Stormwater Discharges
The Permittee shall evaluate the site for the presence of non-stormwater discharges. The evalution shall include:1. The date of any evaluation.2. A description of the evaluation criteria used.3. A list of discharge locations or benchmark monitoring locations that were directly observed during theevaluation.4. The different types of non-stormwater discharges and source locations.5. The action(s) taken, such as a list of control measures used to eliminate unauthorized discharge(s), if any wereidentified.
21.1
Documentation of the evaluation for unauthorized stormwater discharges shall be included with the SWPPP.21.2
Pollutant of Impairment SurrogateBiota (Fish) - Total Suspended Solids (TSS)Biota (Macroinvertabrates)- Total Suspended Solids (TSS)Biota (Plant) - Total Suspended Solids (TSS)Dissolved Oxygen (DO) - *Carbonaceous Biochemical Oxygen Demand(CBOD5) and/or Chemical Oxygen Demand (COD)Nutrient Eutrophication/ Biological Indicators - Total Phosphorus as PTurbidity - Total Suspended Solids (TSS)
*In the case of water impaired for Dissolved Oxygen, the Permittee must monitor for either CBOD5 or COD, orboth, depending if these pollutants are among the sector-specific pollutants of the Permittee's sector. This can bedetermined in consultant with the staff permit writer or by review of the multi-sector general permit on theMPCA web site.
22.1
Pollutant(s) of concern or the appropriate surrogate(s) applicable to the facility's stormwater discharge(s) include:Total Suspended Solids.
22.2
If the facility has a stormwater discharge location from which a discharge flows to waters listed as impairedunder Section 303(d) of the Clean Water Act [33 U.S.C. � 303(d)], for which a TMDL has been approved by theUSEPA, the Permittee shall include in the monitoring plans and activities any monitoring provisions identifiedfor industrial stormwater discharges in the TMDL or the implementation plan for the USEPA-approved TMDL.
22.3
As of permit issuance, the location of the facility's stormwater discharge(s) has been identified as being directlyinto and within one mile of a waterbody (or reach of a waterbody) listed as impaired under Section 303(d) of theClean Water Act [33 U.S.C. Part 303(d)].
The permittee's discharge into Ryan Creek is less than one-tenth of a mile from Ryan Creek's discharge intoShingle Creek (County Ditch No. 13) which is listed as impaired for aquatic life [Biota (Macroinvertabrates)].Fish assemblage and biodiversity are not at levels one would expect for a cool water fishery.
22.4
23. Mercury Minimization Plan
The Permittee shall evaluate the industrial facility to determine if any sources containing mercury are exposed tostormwater.
23.1
Any time mercury sources or devices are found to be exposed to stormwater, a Mercury Minimization Plan shallbe developed that describes how mercury sources will be managed at the site to eliminate exposure toprecipitation and stormwater runoff. To the extent feasible, mercury sources and devices shall be removed fromstormwater exposure and managed in accordance with Minn. R. 7045, Hazardous Waste, and any additionalapplicable state and federal rules.
23.2
24. No Exposure
No exposure means all industrial materials and activities are protected by a storm resistant shelter to preventexposure to rain, snow, snowmelt and/or runoff.
24.1
Chapter 5. Surface Discharge Stations
1. Requirements for Specific Stations
SD 001: Submit a monthly DMR monthly by 21 days after the end of each calendar month following final limitsand requirements apply (trigger).
"Twelve month total" is a rolling total. To calculate, for each quarter multiply the total volume of effluent flow(MG) by the quarterly concentration and by a 3.785 conversion factor to get kg/month. Then add all of thequarterly values (kg/mo) during the last twelve months, starting with the total for the quarter of the currentreporting period. Facilities with a new phosphorus limit shall, for the first 3 quarters that the limit is effective,indicate '(NR) <12 months' in place of a value for the 12 Month Total until the 12th month of monitoring.
2.1
The Calendar Year to Date Total Phosphorus limit in units of kg/year is calculated as follows: For each monthmultiply the total volume of effluent flow (in million gallons) by the monthly average concentration of effluentPhosphorus (in mg/L) and by a 3.785 conversion factor (liters per gallon) to get Phosphorus in units of kg/month.Then add all monthly values from the first month in the effective period to the end date of the reporting period.For example, if the 'effective period' is Jan-Dec and the reporting period ends June 30th, add the monthly valuesfrom January through June and report that value as the Calendar Year to Date Total.
Total monthly flow (MG) x Avg. monthly P conc. (mg/L) x 3.785 L/gal = kg/month
2.2
Salty Discharge Monitoring
The Permittee shall sample the effluent for total facility discharges (Station SD 001) for bicarbonates, boron,hardness (calcium and magnesium, calculated as CaCO3), total dissolved solids, sodium, specific conductance,total sulfates, total salinity and total chlorides once per month for a period of two years following initiation ofoperation (attainment with final limits). The results of this monitoring shall be reported in the appropriate fieldson the Discharge Monitoring Report (DMR) forms.
2.3
The Permittee shall, within 120 days following completion of the two year Salty Discharge monitoring, submitfor MPCA review and approval a Class 3 and 4 Water Quality Standard Report. This report shall include thecomplete monitoring results collected for Station SD 001 as well as a detailed discussion to the significance ofthe results in relation to water quality standards for the listed parameters.
2.4
If the monitoring data indicate a reasonable potential for pollutant level s in the discharge to cause or contributeto a receiving water impairment, the Permittee shall submit an action plan to ensure reasonable progress towardsachieving compliance with water quality standards or pursuing a variance from water quality standards.
2.5
3. Sampling Location
Samples and measurements required by this permit shall be representative of the permitted activity.3.1
Samples for Station SD 001 shall be representative of the discharge to surface waters.3.2
4. Sampling Frequency
If the permittee monitors more frequently than required, the results and the frequency of the additionalmonitoring shall be reported on the Discharge Monitoring Report form for that reporting period.
4.1
5. Surface Discharges
Floating solids or visible foam shall not be discharged in other than trace amounts.5.1
Oil or other substances shall not be discharged in amounts that create a visible color film.5.2
The discharge shall not degrade the aquatic habitat, which includes the waters of the state and stream bed, in anymaterial manner.
5.3
The discharge shall not cause or contribute to a material increase in undesirable slime growths or aquatic plants,including algae.
All discharges to surface waters shall:o Be free of toxic substances in concentrations that produce detrimental physiological responses in human, plant,animal, or aquatic life;o Be free of discoloration that causes nuisance or adversely affects beneficial uses;o Not contain floating material in amounts that cause nuisance conditions or adversely affect beneficial uses.
5.5
Irrespective of numeric effluent limitations contained herein [or lack thereof], the pollutant levels in thedischarge shall not impair the receiving water for its designated use
5.6
The discharge shall not in any manner render the receiving water unsuitable for recreational activities in and onthe water.
5.7
6. Winter Sampling Conditions
The Permittee shall sample flows at the designated monitoring stations including when this requires removing iceto sample the water. If the station is completely frozen throughout a designated sampling month, the Permitteeshall check the "No Discharge" box on the Discharge Monitoring Report (DMR) and note the ice conditions inComments on the DMR.
6.1
7. 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).
7.1
All applications, discharge monitoring reports forms, or other reports or information submitted to the MPCAshall be signed and certified.
7.2
All discharge monitoring reports or other reports or information required by the permit or requested by theagency shall be signed by a person prescribed above or by a duly authorized representative of that person. Aperson is a duly authorized representative only if: (1) The authorization is made in writing by a person describedabove and submitted to the agency and (2) The authorization specifies either an individual or a position havingresponsibility, including decision-making authority, for the overall operation of the regulated facility or activity,such as the position of plant manager, position of equivalent responsibility, or an individual or position havingoverall responsibility for environmental matters for the company.
7.3
All permit applications shall be signed as follows:a) For a corporation: by a responsible corporate officer. For the purpose of this permit, a responsible corporateofficer means: (1) a president, secretary, treasurer or vice president of the corporation in charge of a principalbusiness function, or any other person who performs similar policy or decision-making functions for thecorporation; or (2) The manager of one or more manufacturing, production or operating facilities employingmore than 250 persons or having a gross annual sales or expenditures exceeding 425 million, if authority to signdocuments has been assigned or delegated to the manager in accordance with corporate procedures.b) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively.c) For a municipality, county or other political subdivision: by a principal executive officer or ranking electedofficial; ord) For a state, federal or other public agency/agents: by a commissioner, assistant or deputy commissioner;director, assistant or deputy director.
7.4
Chapter 6. Waste Stream Stations
1. Requirements for Specific Stations
WS 001: Submit a monthly DMR monthly by 21 days after the end of each calendar month following finallimits and requirements apply (trigger).
WS 002: Submit a quarterly DMR annually by 21 days after the end of each calendar quarter following finallimits and requirements apply (trigger).
1.2
2. Sampling Location
Samples take for Station WS 001 shall be representative of the Extraction Skim Pit discharge outside of theinfluent of other waste streams.
2.1
Samples for Station WS 001 shall be taken at the point of discharge from the treatment system (if required tomeet the treatment standard) prior to co-mingling with other waste streams.
2.2
Samples for Station WS 002 shall be representative of the discharge of stormwater associated with an industrialactivity.
As part of the Stormwater Sampling Plan, the Permittee shall designate a sample site which shall be used tomonitor stormwater runoff from the site.
2.3
Chapter 7. Total Facility Requirements
1. General Requirements
General Requirements
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)
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
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 shall conduct analysesrequired by this permit. Analyses of dissolved oxygen, pH, temperature, specific conductance, and total residualoxidants (chlorine, bromine) do not need to be completed by a certified laboratory but shall comply withmanufacturers specifications for equipment calibration and use. (Minn. Stat. Sec. 144.97 through 144.98 andMinn. R. 4740.2010 and 4740.2050 through 4740.2120) (Minn. R. 4740.2010 and 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)
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
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. DMRs and Supplementals shall be submitted to:
DMRs, DMR supplemental forms and related attachments may be electronically submitted via the MPCA OnlineServices Portal after authorization is approved. When electronically submitted, the paper DMR submittalrequirement is waived.
DMRs and DMR Supplemental Forms shall be postmarked or electronically submitted by the 21st day of themonth following the sampling period or as otherwise specified in this permit. Electronic DMR submittal must becomplete on or before 11:59 PM of the 21st day of the month following the sampling period or as otherwisespecified in this permit. A DMR shall be submitted for each required station even if no discharge occurredduring the reporting period. (Minn. R. 7001.0150, subps. 2.B and 3.H)
Other reports required by this permit shall be postmarked by the date specified in the permit to:
Incomplete or Incorrect Reports. The Permittee shall immediately submit an amended report or DMR to theMPCA upon discovery by the Permittee or notification by the MPCA that it has submitted an incomplete orincorrect report or DMR. The amended report or DMR shall contain the missing or corrected data along with acover letter explaining the circumstances of the incomplete or incorrect report. (Minn. R. 7001.0150 subp. 3,item G)
1.22
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)
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
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
Unauthorized Releases of Wastewater Prohibited. Except for conditions specifically described in Minn. R.7001.1090, subp. 1, items J and K, all unauthorized bypasses, overflows, discharges, spills, or other releases ofwastewater or materials to the environment, whether intentional or not, are prohibited. However, the MPCA willconsider the Permittee's compliance with permit requirements, frequency of release, quantity, type, location, andother relevant factors when determining appropriate action. (40 CFR 122.41 and Minn. Stat. Sec 115.061)
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.
d. 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.
e. Submit the sampling results as directed by the MPCA. At a minimum, the results shall be submitted to theMPCA with the next DMR.
1.32
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.
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.
1.34
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)
1.35
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)
1.36
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)
1.37
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)
1.38
Changes to the Facility or Permit
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.
1.39
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.
1.40
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.
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)
1.42
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)
1.43
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.
1.44
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.
1.45
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.
1.46
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)
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)
1.48
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.
