Exhibit 09 - NPDES TLRS Exp 2016.pdf

Expiration Date: 6/3012016 Permit Number: 100107 File Number: 90944 Page 1 of 19 Pages

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM

WASTE DISCHARGE PERMIT

Department of Environmental Quality Western Region - Salem Office

750 Front Street NE, Suite 120, Salem, OR 97301-1039 Telephone: (503) 378-8240

Issued pursuant to ORS 468B.050 and The Federal Clean Water Act

ISSUED TO: SOURCES COVERED BY TIDS PERMIT:

US Department of Agriculture-Umpqua National Forest Tiller Ranger Station 2900 Stewart Parkway Roseburg, OR 97470

FACILITY TYPE AND LOCATION:

Activated Sludge Douglas County Road 1 near intersection of South Umpqua Road (County Road 46)

Treatment System Class: Level II Collection System Class: Level I

EPA REFERENCE NO: OR002322-1

US""-UlllUl';U

Type of Waste Treated Wastewater

Outfall Number

Outfall Location R.M.74.7

RECEIVING STREAM INFORMATION:

Basin: Umpqua Sub-Basin: South Umpqua

Receiving Stream: South Umpqua River

LLID: 1234460432680 -74.7 - D

County: Douglas

This permit is issued based on the land

I Date

PERMITTED ACTIVITIES

Until this permit expires or is modified or revoked, the permittee is authorised to construct, install, modifY, or operate a wastewater collection, treatment, control and disposal system and discharge to public waters adequately treated wastewaters only from the authorised discharge point or points established in Schedule A and only in conformance with all the requirements, limitations, and conditions set forth in the attached schedules as follows:

Unless specifically authorised by this permit, by another NPDES or WPCF permit, or by Oregon Administrative Rule, any other direct or indirect discharge to waters of the state is prohibited, including discharge to an underground injection control system.

File Number: 90940 Page 2 of 19 Pages

SCEHDULE A: WASTE DISCHARGE LIMITATIONS NOT TO BE EXCEEDED

1. Outfall 001 - Treated Effluent

a. BOD5 and TSS

b. Excess Thennal Load (April 1 sl through October 31 Sl)

c. Nutrients

d. Other Parameters

e. Regulatory Mixing Zone

2. Groundwater Schedule A Notes:

SCHEDULE B: MINIMUM MONITORING AND REPORTING REQUIREMENTS

1. Minimum Monitoring Requirements

a. Influent

b. Outfall 001 - Treated Effluent

c. Biosolids Management

2. Reporting Requirements

3. Report Submittals Schedule B Notes:

SCHEDULE C: COMPLIANCE SCHEDULE

1. De-chlorination system installation

2. Milestone reporting

3. Re-Opener Clause

SCHEDULE D: SPECIAL CONDITIONS

1. Wastewater System Operator Certification

2. Biosolids and Sewage Sludge Management

3. Recycled Water Management

4. Groundwater Quality

5. Breakdown Notification

SCHEDULE F: NPDES GENERAL CONDITIONS - DOMESTIC FACILITIES

SECTION A. STANDARD CONDITIONS

SECTION B. OPERATION AND MAINTENANCE OF POLLUTION CONTROLS

SECTION C. MONITORING AND RECORDS

SECTION D. REPORTING REQUIREMENTS

SECTION E. DEFINITIONS

Page 3 of 19 Pages

SCEHDULE A: WASTE DISCHARGE LI\\UTATIONS NOT TO BE EXCEEDED

1. Outfall 001- Treated Effluent

a. BODs and TSS

Average Effluent Monthly* Weekly* Daily* "

Concentrations Average Average Maximum Parameter Monthly Weekly Ib/day Ib/day lbs BOD5 5 mg/L 10 mg/L 1.2 2.4 2.4 TSS 5 mg/L 10 mg/L 1.2 2.4 2.4

* Average dry weather design flow to the facility equals 0.029 MGD. Mass load limits based upon average dry weather design for to the facility.

b. Excess Thermal Load (April 1st through October 31st

Parameter Excess Thermal Load

c. Nutrients

I Parameter Total Phosphorus (May 151

- October 31 51

d. Other Parameters

Year-round E. coli Bacteria pH BOD5 and TSS Removal Efficiency

Total Residual Chlorine

e. Regulatory Mixing Zone

Limitation ~

Must not exceed a rolling 7-day average of

8.73 million kcals/day.

I Limitations Must not exceed 0.046Ibs/day monthly median. (See Note A.3 and A.4)

Limitations Must not exceed 126 organisms per 100 ml monthly geometric mean. No single sample may exceed 406 organisms per 100

ml. (See Note A.I)

Must be within the range of 6.5 - 8.5 Must not be less than 85% monthly average.

Must not exceed a daily average concentration of 0.03 mg/l and a monthly average concentration of 0.01 mg/l. (see Note A.2 and Note A.S)

No wastes may be discharged or activities conducted that cause or contribute to a violation of water quality standards in OAR 340-041 applicable to the Umpqua basin except as provided for in OAR 340-045-0080 and the following regulatory mixing zone:

The allowable mixing zone is that portion of the South Umpqua River contained within a band extending out fifteen (15) feet from the bank of the river and extending from a point seven (7) feet upstream of the outfall to a point fifty (50) feet downstream from the outfall.

The Zone of Immediate Dilution (ZID) is defined as that portion of the allowable mixing zone that is within five (5) feet of the point of discharge.

2. Groundwater

Page 4 of 19 Pages

No activities may be conducted that could cause an adverse impact on existing or potential beneficial uses of groundwater. All wastewater and process related residuals must be managed and disposed in a manner that will prevent a violation of the Groundwater Quality Protection Rules (OAR 340-040).

Schedule A Notes:

A.1 . If a single sample exceeds 406 organisms per 100 ml then five consecutive re-samples may be taken at four-hour intervals beginning within 28 hours after the original sample was taken. If the log mean of the five re-samples is less than or equal to 126 organisms per 100 ml, a violation will not be triggered.

A.2. When the total residual chlorine is lower than 0.10 mg/l, the Department will use 0.10 mg/l as the compliance evaluation level (i.e. daily maximum concentrations below 0.10 mg/l will be considered in compliance with the chlorine limit).

A.3. Monthly Median is the median for a month calculated from the observed mean daily values. In the case of phosphorus loading, the monthly median is calculated from the daily load, which is calculated from the daily average concentration and daily average flow.

AA The Total Phosphorus limit was set in the South Umpqua TMDL based on limited data. The Department will re-open the permit and adjust the limit if additional data shows a higher waste load allocation does not cause violations of downstream water quality standards for pH and DO.

A.S Per Schedule C, Condition 1, upon completion of the system installation for de-chlorination, the Permittee is required to meet the Total Residual Chlorine limit that is set in Schedule A (1)(d).

Page 5 of 19 Pages

SCHEDULE B: MINIMUM MONITORING AND REPORTING REQUIREMENTS

'0' ~ __ " , REPORTING SUMMARY '\

Item Frequency Due date Sectioll(s) }\ Discharge Monitoring Report Monthly By 15th of following l.a, l.b,2.a month Inflow and Infiltration (1&1) Yearly February 1 st of following 3.a reduction report year Biosolids report Yearly February 19th of following l.c,3.b year

1. Minimum Monitoring Requirements

The Permittee must monitor the parameters as specified below at the locations indicated. The laboratory used by the Permittee to analyse samples must have a quality assurance/quality control (QAlQC) pro gramme to verify the accuracy of the sample analysis. If QAlQC requirements are not met for any analysis, the results must be included in the report, but not used for calculations required by this permit. When pos sible, the Permittee will re-sample in a timely manner for parameters failing QAlQC requirements, analyse the samples, and report the results.

a. Influent

The facility influent sampling location is the influent manhole.

Item or Paramet~r Minimum Frequency 'fyp~Qf Sample BOD5 1 per month Composite (See Note B.l)

TSS 1 per month Composite (See Note B.l) pH 2/Week Grab

b. Outfall 001- Treated Effluent

The facility effluent sampling location is the effluent clear well.

Item or Parameter Minimum Frequency Type of Sample Total Effluent Flow Daily Measurement Flow Meter Calibration Annual Verification BOD5 1 per month Composite (See Note B.l)

TSS 1 per month Composite (See Note B.l) pH 2/Week Grab E. coli Weekly Grab Quantity Chlorine Used Daily Measurement Chlorine Residual Daily Grab Pounds Discharged (BOD5 and 1 per month Calculation

TSS)

Average Percent Removed Monthly Calculation (BODs and TSS) Total Phosphorus (concentra- 1 per month (May 1 st Composite (See Note B.l) tion) through October 31 st)

Total Phosphorus (Pounds 1 per month and Monthly Calculation discharged) Median (May 1 st through

Octo ber 31 st)

Nutrients: Ammonia (NH3- 1 per month, May 1 st to Composite (See Note B.l)

N), TKN, N02+N03-N) October 31 st

Item or Parameter Effluent Temperature, Daily Maximum Effluent Temperature, 7-day rolling average of Daily Maximums Excess Thermal Load, 7 -day rolling average

c. Biosolids Management

Item or Parameter Solids pumped from treatment system

2. Reporting Requirements

Minimum Frequency Daily

Daily, as a 7-day rolling average starting April 7th

Daily, as a 7-day rolling average starting April 7th

Minimum Frequency Each occurrence

File Number: 90940 Page 6 of 19 Pages

Type of Sample Grab between 2 and 4 p.m.

Calculation

Calculation (See Note B.3)

Type of Sample Date, volume (gallons), solids, hauler, transfer point percent

a. Monitoring results must be reported on approved forms . The reporting period is the calendar month. Reports must be submitted to the appropriate Department office by the 15th day of the fol lowing month.

b. State monitoring reports must identify the name, certificate classification and grade level of each principal operator designated by the permittee as responsible for supervising the wastewater collec tion and treatment systems during the reporting period. Monitoring reports must also identify each system classification as found on page one of this permit.

c. Monitoring reports must include a record of all applicable equipment breakdowns and bypassing.

3. Report Submittals

a. The permittee must have in place a programme to identify and reduce inflow and infiltration into the sewage collection system. An annual report must be submitted to the Department by February 151 of each year which details sewer collection maintenance activities that reduce inflow and infil tration. The report must state those activities that have been done in the previous year and those activities planned for the following year.

b. For any year in which biosolids are transported to another facility, a report must be submitted to the Department by February 19 of the following year that describes solids handling activities for the previous year and includes, but is not limited to, the required information outlined in OAR 340- 050-0035(6)(a)-( e).

Schedule B Notes:

B.1 If an automatic composite sampler is not used, then composite samples must consist of a minimum of four equal aliquots compo sited during the eight-hour workday.

B.2 The Excess Thermal Load (ETL) must be calculated based on the 7-day rolling average temperature and effluent flow and the applicable temperature criteria as follows:

Where:

ETL = Excess Thermal Load, million Kcals/day QE = Rolling 7-day average effluent flow, MGD or efs

Page 7 of 19 Pages

TE = Rolling 7-day average of daily maximum effluent temperatures in DC TR = Applicable stream criteria in DC, from table below CF = conversion factor:

Month January February March April May June July August September October November December

3.785 if flow is in MGD

2.449 if flow is in cfs

Applicable stream criteria, °c 23 .5 22.5

Page 8 of 19 Pages

SCHEDULE C: COMPLIANCE SCHEDULE

1. De-chlorination system installation

a. By no later than June 1 S\ 2012, US Department of Agriculture-Umpqua National Forest (USDA) must submit for DEQ approval, plans and specifications of the selected de-chlorination system for the Tiller Ranger Station sewage treatment plant, which includes administrative and engineering feasibility.

b. By no later than February 1 S\ 2013, the USDA must complete construction of the de-chlorination system according to the plans and specifications approved by DEQ and start operation of its ap proved de-chlorination system.

c. From the effective date of the permit until the completion of system installation discussed above, the USDA is required to meet the following interim waste water discharge interim limitations for effluent residual chlorine. Total residual chlorine must not exceed a monthly average of 0.20 mg/l and a daily maximum of 0.53 mg/l.

2. Milestone reporting

No later than 14 days following each milestone, USDA must notify DEQ in writing of its compliance or non-compliance with the milestones listed in 1.a and 1.b above ..

3. Re-Opener Clause

This permit may be re-opened and modified to be consistent with conditions or mitigation measures im posed as a result of EPA's Endangered Species Act consultation with NMFS and USFW on DEQ's rule authorising the use of this compliance schedule. If such a re-opener is necessary, DEQ will commence modification of this permit by notifying the permittee and seeking public comment on the proposed modifi cations within two years after the later of (1) the date EPA's re-approval of Oregon's compliance schedules rule becomes final, or (2) the date DEQ completes any required implementation of EPA re-approval, unless the date for completion of implementation exceeds two years from the date of EPA's action, in which case the modifications must commence within a period of four years from the date of EPA's re-approval.

SCHEDULE D: SPECIAL CONDITIONS

1. Wastewater System Operator Certification

File Number: 90940 Page 9 of 19 Pages

The permittee must comply with Oregon Administrative Rules (OAR), Chapter 340, Division 49, Regula tions Pertaining To Certification o/Wastewater System Operator Personnel and accordingly:

a. The permittee must have its wastewater system supervised by one or more operators who are certi fied in a classification and grade level (equal to or greater) that corresponds with the classification (collection and lor treatment) of the system to be supervised as specified on Page One of this per mit. The permittee may contract for part-time supervision in accordance with OAR 340-049- 0015(3) and 340-049-0070.

Note: A "supervisor" is defined as the person exercising authority for establishing and executing the specific practise and procedures of operating the system in accordance with the policies of the permittee and requirements of the waste discharge permit. "Supervise" means re sponsible for the technical operation of a system, which may affect its performance or the quality of the effluent produced. Supervisors are not required to be on-site at all times.

b. The permittee's wastewater system may not be without supervision (as required by Condition D.1.a above) for more than thirty (30) days unless otherwise authorised by the Department of Environ mental Quality in writing. During this period, and at any time that the supervisor is not available to respond on-site (i.e. vacation, sick leave or off-call), the permittee must make available another person who is certified in the proper classification and at Grade Level I or higher.

c. If the wastewater system has more than one daily shift, the permittee must have the shift supervi sor, if any, certified at no less than one grade lower than the system classification.

d. The permittee is responsible for ensuring the wastewater system has a properly certified supervisor available at all times to respond on-site at the request of the permittee and to any other operator.

e. The permittee must notify the Department of Environmental Quality in writing within thirty (30) days of replacement or re-designation of certified operators responsible for supervising wastewater system operation. The notice must be filed with the Water Quality Division, Operator Certification Program, 2020 SW 4th, Suite 400, Portland, OR 97201. This requirement is in addition to the re porting requirements contained under Schedule B of this permit.

f. Upon written request, the Department may grant the permittee reasonable time, not to exceed 120 days, to obtain the services of a qualified person to supervise the wastewater system. The written request must include justification for the time needed, a schedule for recruiting and hiring, the date the system supervisor availability ceased and the name of the alternate system supervisor(s) as re quired by S.b. above.

2. Biosolids and Sewage Sludge Management

a. All biosolids must be pumped and hauled to an approved treatment facility. Any changes in solids management activities that significantly differ from this procedure require the prior written ap proval of the DEQ.

b. This permit may be modified to incorporate any applicable standard for biosolids use or disposal promulgated under section 40S(d) of the Clean Water Act, if the standard for biosolids use or dis posal is more stringent than any requirements for bio-solids use or disposal in the permit, or con trols a pollutant or practise not limited in this permit.

3. Recycled Water Management

Page 10 of 19 Pages

a. All recycled water used at the treatment plant site (or satellite facility operating under the same permit) for landscape irrigation or in-plant processes is exempt from the Division 55 rules if:

1. The recycled water is an oxidised and disinfected wastewater;

ii. The recycled water is used at the site where is it generated or at an auxiliary wastewater or sludge treatment facility that is subject to the same NPDES or WPCF permit as the waste water treatment system. Contiguous property to the parcel of land upon which the treat ment system is located is considered the wastewater treatment system site if under the same ownership;

111. Spray or drift or both from the use does not occur off the site; and, IV. Public access to the site is restricted.

4. Groundwater Quality

a. The permittee will not be required to perform a hydro-geologic characterisation or groundwater monitoring during the term of this permit provided:

1. The facilities are operated in accordance with the permit conditions, and;

11. There are no adverse groundwater quality impacts (complaints or other indirect evidence) resulting from the facility's operation.

If warranted, at permit renewal the Department may evaluate the need for a full assessment of the facilities impact on groundwater quality.

5. Breakdown Notification

The permittee must notify a DEQ-Westem Region Office in accordance with the response times noted in the General Conditions of this permit, of any malfunction so that corrective action can be coordinated be tween the permittee and the Department.

Page 11 of 19 Pages

SCHEDULE F: NPDES GENERAL CONDITIONS - DOMESTIC FACILITIES

SECTION A. STANDARD CONDITIONS

AI. Duty to Comply with Permit The permittee must comply with all conditions of this permit. Failure to comply with any permit condition is a violation of Oregon Revised Statutes (ORS) 468B.025 and the federal Clean Water Act and is grounds for an enforcement action. Failure to comply is also grounds for DEQ to terminate, modifY and reissue, revoke, or deny renewal of a permit.

A2. Penalties for Water Pollution and Permit Condition Violations The permit is enforceable by DEQ or EPA, and in some circumstances also by third-parties under the citizen suit provisions 33 USC § 1365. DEQ enforcement is generally based on provisions of state statutes and Environmental Quality Commission (EQc) rules, and EPA enforcement is generally based on provisions of federal statutes and EPA regulations.

ORS 468.140 allows DEQ to impose civil penalties up to $10,000 per day for violation of a term, condition, or requirement of a permit. The federal Clean Water Act provides for civil penalties not to exceed $32,500 and administrative penalties not to exceed $11,000 per day for each violation of any condition or limitation of this permit.

Under ORS 468.943, unlawful water pollution, if committed by a person with criminal negligence, is punisha ble by a fine of up to $25,000, imprisonment for not more than one year, or both. Each day on which a viola tion occurs or continues is a separately punishable offense. The federal Clean Water Act provides for criminal penalties of not more than $50,000 per day of violation, or imprisonment of not more than 2 years, or both for second or subsequent negligent violations of this permit.

Under ORS 468.946, a person who knowingly discharges, places, or causes to be placed any waste into the waters of the state or in a location where the waste is likely to escape into the waters of the state is subject to a Class B felony punishable by a fine not to exceed $250,000 and up to 10 years in prison. ORS 161. The federal Clean Water Act provides for criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment of not more than 3 years, or both for knowing violations of the permit. In the case of a second or subsequent conviction for knowing violation, a person is subject to criminal penalties of not more than $100,000 per day of violation, or imprisonment of not more than 6 years, or both.

A3. Duty to Mitigate The permittee must take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit that has a reasonable likelihood of adversely affecting human health or the environment. In addition, upon request ofDEQ, the permittee must correct any adverse impact on the environment or human health resulting from noncompliance with this permit, including such accelerated or additional monitoring as necessary to determine the nature and impact of the noncomplying discharge.

A4. Duty to Reapply If the permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the permittee must apply for and have the permit renewed. The application must be submitted at least 180 days before the expiration date of this permit.

DEQ may grant permission to submit an application less than 180 days in advance but no later than the permit expiration date.

A5. Permit Actions This permit may be modified, revoked and reissued, or terminated for cause including, but not limited to, the following:

a. Violation of any term, condition, or requirement of this permit, a rule, or a statute.

Page 12 of 19 Pages

b. Obtaining this permit by misrepresentation or failure to disclose fully all material facts.

c. A change in any condition that requires either a temporary or permanent reduction or elimination of the authorized discharge.

d. The permittee is identified as a Designated Management Agency or allocated a wasteload under a total maximum daily load (TMDL).

e. New information or regulations.

f. Modification of compliance schedules.

g. Requirements of permit reopener conditions

h. Correction of technical mistakes made in determining permit conditions.

1. Determination that the permitted activity endangers human health or the environment.

j. Other causes as specified in 40 CFR §§ 122.62, 122.64, and 124.5.

k. For communities with combined sewer overflows (CSOs):

(1) To comply with any state or federal law regulation for CSOs that is adopted or promulgated subse quent to the effective date of this permit.

(2) Ifnew information that was not available at the time of permit issuance indicates that CSO controls imposed under this permit have failed to ensure attainment of water quality standards, including pro tection of designated uses.

(3) Resulting from implementation of the permittee's long-term control plan and/or permit conditions re lated to CSOs.

The filing of a request by the permittee for a permit modification, revocation or reissuance, termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition.

A6. Toxic Pollutants The permittee must comply with any applicable effluent standards or prohibitions established under Oregon Administrative Rule (OAR) 340-041 -0033 and section 307(a) of the federal Clean Water Act for toxic pollutants, and with standards for sewage sludge use or disposal established under section 405(d) of the federal Clean Water Act, within the time provided in the regulations that establish those standards or prohibitions, even if the permit has not yet been modified to incorporate the requirement.

A 7. Property Rights and Other Legal Requirements The issuance of this permit does not convey any property rights of any sort, or any exclusive privilege, or authorize any injury to persons or property or invasion of any other private rights, or any infringement of federal, tribal, state, or local laws or regulations.

A8. Permit References Except for effluent standards or prohibitions established under section 307(a) of the federal Clean Water Act and OAR 340-041 -0033 for toxic pollutants, and standards for sewage sludge use or disposal established under section 405(d) of the federal Clean Water Act, all rules and statutes referred to in this permit are those in effect on the date this permit is issued.

A9. Permit Fees The permittee must pay the fees required by OAR.

SECTION B. OPERATION AND MAINTENANCE OF POLLUTION CONTROLS

B 1. Proper Operation and Maintenance The permittee must at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) that are installed or used by the permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems that are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of the permit.

Page 13 of 19 Pages

B2. Need to Halt or Reduce Activity Not a Defense For industrial or commercial facilities, upon reduction, loss, or failure of the treatment facility, the permittee must, to the extent necessary to maintain compliance with its permit, control production or all discharges or both until the facility is restored or an alternative method of treatment is provided. This requirement applies, for example, when the primary source of power of the treatment facility fails or is reduced or lost. It is not a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of this permit.

B3. Bypass of Treatment Facilities

a. Definitions

(1) "Bypass" means intentional diversion of waste streams from any portion of the treatment facility.

The permittee may allow any bypass to occur which does not cause effluent limitations to be exceed ed, provided the diversion is to allow essential maintenance to assure efficient operation. These by passes are not subject to the provisions of paragraphs band c of this section.

(2) "Severe property damage" means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural re sources that can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production.

b. Prohibition of bypass.

(1) Bypass is prohibited and DEQ may take enforcement action against a permittee for bypass unless:

1. Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage;

ii. There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facili ties, retention of untreated wastes, or maintenance during normal periods of equipment down time. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass that occurred during nor mal periods of equipment downtime or preventative maintenance; and

111. The permittee submitted notices and requests as required under General Condition B3 .c.

(2) DEQ may approve an anticipated bypass, after considering its adverse effects and any alternatives to bypassing, ifDEQ determines that it will meet the three conditions listed above in General Condition B3.b.(1).

c. Notice and request for bypass.

(1) Anticipated bypass. If the permittee knows in advance of the need for a bypass, a written notice must be submitted to DEQ at least ten days before the date of the bypass.

(2) Unanticipated bypass. The permittee must submit notice of an unanticipated bypass as required in

General Condition D5.

B4. Upset

a. Definition. "Upset" means an exceptional incident in which there is unintentional and temporary noncompliance with technology based permit effluent limitations because offactors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operation error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventative maintenance, or careless or improper operation.

b. Effect of an upset. An upset constitutes an affIrmative defense to an action brought for noncompliance with such technology-based permit effluent limitations if the requirements of General Condition B4.c are met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review.

c. Conditions necessary for a demonstration of upset. A permittee who wishes to establish the affIrmative defense of upset must demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that:

(1) An upset occurred and that the permittee can identify the causes(s) of the upset;

(2) The permitted facility was at the time being properly operated;

(3) The permittee submitted notice of the upset as required in General Condition D5, hereof (24-hour notice); and

(4) The permittee complied with any remedial measures required under General Condition A3 hereof.

Page 14 of 19 Pages

d. Burden of proof. In any enforcement proceeding the permittee seeking to establish the occurrence of an upset has the burden of proof.

B5. Treatment of Single Operational Upset For purposes of this permit, a single operational upset that leads to simultaneous violations of more than one pollutant parameter will be treated as a single violation. A single operational upset is an exceptional incident that causes simultaneous, unintentional, unknowing (not the result of a knowing act or omission), temporary noncompliance with more than one federal Clean Water Act effluent discharge pollutant parameter. A single operational upset does not include federal Clean Water Act violations involving discharge without a NPDES permit or noncompliance to the extent caused by improperly designed or inadequate treatment facilities. Each day of a single operational upset is a violation.

B6. Overflows from Wastewater Conveyance Systems and Associated Pump Stations

a. Definition. "Overflow" means any spill, release or diversion of sewage including:

(1) An overflow that results in a discharge to waters of the United States; and

(2) An overflow of wastewater, including a wastewater backup into a building (other than a backup caused solely by a blockage or other malfunction in a privately owned sewer or building lateral), even if that overflow does not reach waters of the United States.

b. Prohibition of overflows. Overflows are prohibited. DEQ may exercise enforcement discretion regarding overflow events. In exercising its enforcement discretion, DEQ may consider various factors, including the adequacy of the conveyance system's capacity and the magnitude, duration and return frequency of storm events.

c. Reporting required. All overflows must be reported orally to DEQ within 24 hours from the time the permittee becomes aware ofthe overflow. Reporting procedures are described in more detail in General Condition D5.

B7. Public Notification of Effluent Violation or Overflow If effluent limitations specified in this permit are exceeded or an overflow occurs that threatens public health, the permittee must take such steps as are necessary to alert the public, health agencies and other affected entities (for example, public water systems) about the extent and nature of the discharge in accordance with the notification procedures developed under General Condition B8. Such steps may include, but are not limited to, posting of the river at access points and other places, news releases, and paid announcements on radio and television.

B8. Emergency Response and Public Notification Plan The permittee must develop and implement an emergency response and public notification plan that identifies measures to protect public health from overflows, bypasses, or upsets that may endanger public health. At a minimum the plan must include mechanisms to:

a. Ensure that the permittee is aware (to the greatest extent possible) of such events;

b. Ensure notification of appropriate personnel and ensure that they are immediately dispatched for investi gation and response;

c. Ensure immediate notification to the public, health agencies, and other affected public entities (including public water systems). The overflow response plan must identify the public health and other officials who will receive immediate notification;

d. Ensure that appropriate personnel are aware of and follow the plan and are appropriately trained;

e. Provide emergency operations; and

f. Ensure that DEQ is notified of the public notification steps taken.

B9. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters must be disposed of in such a manner as to prevent any pollutant from such materials from entering waters of the state, causing nuisance conditions, or creating a public health hazard.

SECTION C. MONITORING AND RECORDS

C 1. Representative Sampling

File Number: 90940 Page 15 of 19 Pages

Sampling and measurements taken as required herein must be representative of the volume and nature of the monitored discharge. All samples must be taken at the monitoring points specified in this permit, and must be taken, unless otherwise specified, before the effluent joins or is diluted by any other waste stream, body of water, or substance. Monitoring points must not be changed without notification to and the approval ofDEQ.

C2. Flow Measurements Appropriate flow measurement devices and methods consistent with accepted scientific practices must be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The devices must be installed, calibrated and maintained to insure that the accuracy of the measurements is consistent with the accepted capability of that type of device. Devices selected must be capable of measuring flows with a maximum deviation of less than ± 10 percent from true discharge rates throughout the range of expected discharge volumes.

C3. Monitoring Procedures Monitoring must be conducted according to test procedures approved under 40 CFR part 136 or, in the case of sludge use and disposal, approved under 40 CFR part 503 unless other test procedures have been specified in this permit.

C4. Penalties of Tampering The federal Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required to be maintained under this permit may, upon conviction, be punished by a fme of not more than $10,000 per violation, imprisonment for not more than two years, or both. If a conviction of a person is for a violation committed after a first conviction of such person, punishment is a fine not more than $20,000 per day of violation, or by imprisonment of not more than four years, or both.

C5. Reporting of Monitoring Results Monitoring results must be summarized each month on a Discharge Monitoring Report form approved by DEQ. The reports must be submitted monthly and are to be mailed, delivered or otherwise transmitted by the 15th day of the following month unless specifically approved otherwise in Schedule B of this permit.

C6. Additional Monitoring by the Permittee If the permittee monitors any pollutant more frequently than required by this permit, using test procedures approved under 40 CFR part 136 or, in the case of sludge use and disposal, approved under 40 CFR part 503, or as specified in this permit, the results ofthis monitoring must be included in the calculation and reporting of the data submitted in the discharge monitoring report. Such increased frequency must also be indicated. For a pollutant parameter that may be sampled more than once per day (for example, Total Chlorine Residual), only the average daily value must be recorded unless otherwise specified in this permit.

C7. Averaging of Measurements Calculations for all limitations that require averaging of measurements must utilize an arithmetic mean, except for bacteria which must be averaged as specified in this permit.

C8. Retention of Records Records of monitoring information required by this permit related to the permittee's sewage sludge use and disposal activities must be retained for a period of at least 5 years (or longer as required by 40 CFR part 503).

Records of all monitoring information including all calibration and maintenance records, all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by this permit and records of all data used to complete the application for this permit must be retained for a period of at least 3 years from the date of the sample, measurement, report, or application. This period may be extended by request ofDEQ at anytime.

C9. Records Contents Records of monitoring information must include:

a. The date, exact place, time, and methods of sampling or measurements;

b. The individual(s) who performed the sampling or measurements;

c. The date(s) analyses were performed;

d. The individual(s) who performed the analyses;

e. The analytical techniques or methods used; and

f. The results of such analyses.

CI0.Inspection and Entry

File Number: 90940 Page 16 of 19 Pages

The permittee must allow DEQ or EPA upon the presentation of credentials to:

a. Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions ofthis permit;

b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit;

c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and

d. Sample or monitor at reasonable times, for the purpose of assuring permit compliance or as otherwise authorized by state law, any substances or parameters at any location.

C 11. Confidentiality of Information Any information relating to this permit that is submitted to or obtained by DEQ is available to the public unless classified as confidential by the Director ofDEQ under ORS 468.095. The permittee may request that information be classified as confidential if it is a trade secret as defined by that statute. The name and address of the permittee, permit applications, permits, effluent data, and information required by NPDES application forms under 40 CFR § 122.21 are not classified as confidential. 40 CFR § 122.7(b).

SECTION D. REPORTING REQUIREMENTS

D1. Planned Changes The permittee must comply with OAR 340-052, "Review of Plans and Specifications" and 40 CPR § 122.41(1)(1). Except where exempted under OAR 340-052, no construction, installation, or modification involving disposal systems, treatment works, sewerage systems, or common sewers may be commenced until the plans and specifications are submitted to and approved by DEQ. The permittee must give notice to DEQ as soon as possible of any planned physical alternations or additions to the permitted facility.

D2. Anticipated Noncompliance The permittee must give advance notice to DEQ of any planned changes in the permitted facility or activity that may result in noncompliance with permit requirements.

D3. Transfers This permit may be transferred to a new permittee provided the transferee acquires a property interest in the permitted activity and agrees in writing to fully comply with all the terms and conditions of the permit and EQC rules. No permit may be transferred to a third party without prior written approval from DEQ. DEQ may require modification, revocation, and reissuance of the permit to change the name of the permittee and incorporate such other requirements as may be necessary under 40 CPR § 122.61. The permittee must notify DEQ when a transfer of property interest takes place.

D4. Compliance Schedule Reports of compliance or noncompliance with, or any progress reports on interim and final requirements contained in any compliance schedule of this permit must be submitted no later than 14 days following each schedule date. Any reports of noncompliance must include the cause of noncompliance, any remedial actions taken, and the probability of meeting the next scheduled requirements.

D5. Twenty-Four Hour Reporting

Page 17 of 19 Pages

The permittee must report any noncompliance that may endanger health or the environment. Any information must be provided orally (by telephone) to the DEQ regional office or Oregon Emergency Response System (1- 800-452-0311) as specified below within 24 hours from the time the permittee becomes aware of the circum stances.

a. Overflows.

(1) Oral Reporting within 24 hours.

i. For overflows other than basement backups, the following information must be reported to the

Oregon Emergency Response System (OERS) at 1-800-452-0311. For basement backups, this information should be reported directly to the DEQ regional office.

(a) The location of the overflow;

(b) The receiving water (if there is one);

(c) An estimate of the volume of the overflow;

(d) A description of the sewer system component from which the release occurred (for exam ple, manhole, constructed overflow pipe, crack in pipe); and

(e) The estimated date and time when the overflow began and stopped or will be stopped.

11. The following information must be reported to the DEQ regional office within 24 hours, or during normal business hours, whichever is earlier:

(a) The OERS incident number (if applicable); and

(b) A brief description of the event.

(2) Written reporting within 5 days.

1. The following information must be provided in writing to the DEQ regional office within 5 days of the time the permittee becomes aware of the overflow:

(a) The OERS incident number (if applicable);

(b) The cause or suspected cause of the overflow;

(c) Steps taken or planned to reduce, eliminate, and prevent reoccurrence of the overflow and a schedule of major milestones for those steps;

(d) Steps taken or planned to mitigate the impact(s) of the overflow and a schedule of major milestones for those steps; and

(e) For storm-related overflows, the rainfall intensity (inches/hour) and duration of the storm associated with the overflow.

DEQ may waive the written report on a case-by-case basis if the oral report has been received with in 24 hours.

b. Other instances of noncompliance.

(1) The following instances of noncompliance must be reported:

1. Any unanticipated bypass that exceeds any effluent limitation in this permit;

ii. Any upset that exceeds any effluent limitation in this permit;

111. Violation of maximum daily discharge limitation for any of the pollutants listed by DEQ in this permit; and

iv. Any noncompliance that may endanger human health or the environment.

(2) During normal business hours, the DEQ regional office must be called. Outside of normal business hours, DEQ must be contacted at 1-800-452-0311 (Oregon Emergency Response System).

(3) A written submission must be provided within 5 days of the time the permittee becomes aware of the circumstances. The written submission must contain:

1. A description of the noncompliance and its cause;

11. The period of noncompliance, including exact dates and times;

iii. The estimated time noncompliance is expected to continue if it has not been corrected;

iv. Steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance;

and

v. Public notification steps taken, pursuant to General Condition B7.

(4) DEQ may waive the written report on a case-by-case basis if the oral report has been received within 24 hours.

D6. Other Noncompliance

Page 18 of 19 Pages

The permittee must report all instances of noncompliance not reported under General Condition D4 or D5 at the time monitoring reports are submitted. The reports must contain:

a. A description of the noncompliance and its cause;

b. The period of noncompliance, including exact dates and times;

c. The estimated time noncompliance is expected to continue if it has not been corrected; and

d. Steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance.

D7. Duty to Provide Information The permittee must furnish to DEQ within a reasonable time any information that DEQ may request to determine compliance with the permit or to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit. The permittee must also furnish to DEQ, upon request, copies of records required to be kept by this permit.

Other Information: When the permittee becomes aware that it has failed to submit any relevant facts or has submitted incorrect information in a permit application or any report to DEQ, it must promptly submit such facts or information.

D8. Signatory Requirements All applications, reports or information submitted to DEQ must be signed and certified in accordance with 40

CFR § 122.22.

D9. Falsification ofInformation Under ORS 468.953, any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance, is subject to a Class C felony punishable by a fine not to exceed $125,000 per violation and up to 5 years in prison. ORS 161. Additionally, according to 40 CFR § 122.41(k)(2), any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit including monitoring reports or reports of compliance or non-compliance will, upon conviction, be punished by a federal civil penalty not to exceed $10,000 per violation, or by imprisonment for not more than 6 months per violation, or by both.

DI0. Changes to Indirect Dischargers The permittee must provide adequate notice to DEQ of the following:

a. Any new introduction of pollutants into the POTW from an indirect discharger which would be subject to section 301 or 306 of the federal Clean Water Act ifit were directly discharging those pollutants and;

b. Any substantial change in the volume or character of pollutants being introduced into the POTW by a source introducing pollutants into the POTW at the time of issuance of the permit.

c. For the purposes of this paragraph, adequate notice must include information on (i) the quality and quantity of effluent introduced into the POTW, and (ii) any anticipated impact of the change on the quantity or quality of effluent to be discharged from the POTW.

SECTION E. DEFINITIONS

El . BOD or BOD5 means five-day biochemical oxygen demand.

E2. CBOD or CBOD5 means five-day carbonaceous biochemical oxygen demand.

E3. TSS means total suspended solids.

E4. Bacteria means but is not limited to fecal coliform bacteria, total coliform bacteria, and E. coli bacteria.

E5. FC means fecal coliform bacteria.

E6. Total residual chlorine means combined chlorine forms plus free residual chlorine E7. Technology based permit effluent limitations means technology-based treatment requirements as defined in 40

CFR § 125.3, and concentration and mass load effluent limitations that are based on minimum design criteria specified in OAR 340-041.

E8. mg/l means milligrams per liter.

E9. kg means kilograms.

El O. m3/d means cubic meters per day.

Ell.MGD means million gallons per day.

Pile Number: 90940 Page 19 of 19 Pages

EI2 .24-hour composite sample means a sample formed by collecting and mixing discrete samples taken periodically and based on time or flow. The sample must be collected and stored in accordance with 40 CPR part 136.

E13.Grab sample means an individual discrete sample collected over a period of time not to exceed 15 minutes.

El4.Quarter means January through March, April through June, July through September, or October through

December.

El5.Month means calendar month.

E16. Week means a calendar week of Sunday through Saturday.

EI7.POTW means a publicly-owned treatment works.