Attachment 5(a) - 11HT Permit.pdf

MARYLAND DEPARTMENT OF THE ENVIRONMENT

1800 Washington Boulevard Baltimore Maryland 21230

(410) 537-3000 1-800-633-6101 http://www.mde.state.md.us

GENERAL PERMIT FOR DISCHARGES FROM

TANKS, PIPES and OTHER LIQUID CONTAINMENT STRUCTURES at FACILITIES OTHER THAN OIL TERMINALS

DISCHARGE PERMIT NO. 11-HT NPDES PERMIT NO. MDG67

Effective Date: March 1, 2012 Expiration Date: February 28, 2017

PART I. APPLICABILITY AND COVERAGE

A. GEOGRAPHIC COVERAGE

B. ELIGIBLE DISCHARGES

C. INELIGIBLE DISCHARGES

D. NO PERMIT REQUIRED

E. INDIVIDUAL PERMIT OR ANOTHER GENERAL PERMIT REQUIRED

F. TERMINATION OF PERMIT

G. AUTHORIZATION

H. TRANSFER OF AUTHORIZATION

I. CONTINUATION OF AN EXPIRED GENERAL PERMIT

J. CHANGE IN LOCATION

PART II. DEFINITIONS

PART III. CONDITIONS OF REGISTRATION

A. REQUESTS FOR REGISTRATION AND FEE REQUIREMENTS

B. DEADLINES FOR NOTIFICATION

C. REQUIRED SIGNATURES

D. FAILURE TO NOTIFY

E. CHANGE IN DISCHARGE

F. ADDITIONAL NOTIFICATION

PART IV. SPECIAL CONDITIONS OF DISCHARGES

A. NOTIFICATIONS

B. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS

1. Treated tank bottom wastewater from petroleum storage tanks to surface waters

2. Discharges from Disinfection and Hydrostatic Testing of Pipes, Pipelines, and Tanks and Mechanical Cleaning of Potable Water Pipes and Tanks

3. Wastewater from draining or flushing of fire control systems

4. Discharges from Potable Water Systems

5. Untreated “water” in excess of 10,000 gallons per day as a monthly average from water storage or distribution systems, including but not limited to hydrogeologic/aquifer/well head yield-testing

6. Storm Water Discharges from Aboveground Petroleum Storage Tank Containment Structures

PART V. MONITORING AND REPORTING

A. REPRESENTATIVE SAMPLING

B. SAMPLING AND ANALYTICAL METHODS

C. DATA RECORDING REQUIREMENTS

D. MONITORING EQUIPMENT MAINTENANCE

E. ADDITIONAL MONITORING BY PERMITTEE

F. REPORTING MONITORING RESULTS

G. RECORDS RETENTION

H. NONCOMPLIANCE WITH DISCHARGE LIMITS

PART VI. VIOLATION OF PERMIT CONDITIONS

A. COMPLIANCE WITH THIS GENERAL PERMIT AND WATER POLLUTION ABATEMENT STATUTES

B. CIVIL AND CRIMINAL LIABILITY

C. ACTION ON VIOLATIONS

D. CIVIL PENALTIES FOR VIOLATIONS OF PERMIT CONDITIONS

E. CRIMINAL PENALTIES FOR VIOLATIONS OF PERMIT CONDITIONS

F. PENALTIES FOR FALSIFICATION AND TAMPERING

PART VII. GENERAL CONDITIONS

A. RIGHT OF ENTRY

B. PROPERTY RIGHTS/COMPLIANCE WITH OTHER REQUIREMENTS

C. DUTY TO PROVIDE INFORMATION

D. BYPASSING

E. CONDITIONS NECESSARY FOR DEMONSTRATION OF AN UPSET

F. REMOVED SUBSTANCES

G. FACILITY OPERATION AND MAINTENANCE

H. POWER FAILURE

I. OTHER INFORMATION

J. AVAILABILITY OF REPORTS

K. TOXIC POLLUTANTS

L. OIL AND HAZARDOUS SUBSTANCES PROHIBITED

M. WATER CONSTRUCTION AND OBSTRUCTION

N. PROTECTION OF WATER QUALITY

O. PERMIT MODIFICATION

P. IMPAIRED RECEIVING WATERS AND TOTAL MAXIMUM DAILY LOADS

Q. TOTAL MAXIMUM DAILY LOAD (TMDL)

R. SEVERABILITY

PART VIII. AUTHORITY TO ISSUE GENERAL NPDES PERMIT S

MARYLAND GENERAL DISCHARGE PERMIT NO. 11HT (NPDES NO. MDG67) Page 3

Provides discharge authorization only upon Maryland Department of the Environment notification of registration.

PART I. APPLICABILITY AND COVERAGE

Pursuant to the provisions of Title 9 of the Environment Article, Annotated Code of Maryland, and the provisions of the Federal Clean Water Act (CWA), 33 U.S.C. §1251 et seq. and implementing regulations 40 CFR Parts 122, 123, 124, and 125, the Maryland Department of the Environment, hereinafter referred to as the “Department”, hereby authorizes operators located in the state of Maryland, who have submitted a notice of intent (NOI) and received written approval from the Department, to discharge wastewater from hydrostatic testing and related discharges described herein to waters of the state of Maryland in accordance with the eligibility requirements and other conditions set forth in this permit and consistent with the permittees’ NOI on file with the Department.

A. Geographic Coverage

This permit covers discharges to surface or groundwater located within the territorial boundaries of the state of Maryland.

B. Eligible Discharges

This permit covers the following discharges:

1. Treated tank bottom wastewater from petroleum (i.e., gasoline, kerosene, fuel oil, ‘Number 6 oil’ and aviation fuel only) storage tanks to surface waters;

2. Wastewater from the disinfection (only disinfection agents containing bromide or chloride are authorized) or hydrostatic testing of pipes, pipelines or tanks;

3. Wastewater from draining or flushing of fire control systems;

4. Discharges from potable water systems resulting from the overflow, flushing, disinfection, hydrostatic testing, mechanical cleaning, or dewatering of vessels or structures used to store or convey potable water;

5. Untreated “water” in excess of 10,000 gallons per day as a monthly average from water storage or distribution systems, including but not limited to hydrogeologic/aquifer/well head yield-testing;

and

6. Storm water discharges from petroleum storage tank containment structures.

C. Ineligible Discharges

The following discharges are not eligible for coverage under this general permit:

1. Discharges of any type from oil terminals;

2. Tank bottom wastewater discharges to groundwater of the state;

3. Wastewater from the chemical cleaning of storage tanks, pipes and pipelines; and

4. Wastewater discharges to groundwater that, before treatment, contain concentrations of benzene, lead, or other substances in excess of Toxicity Characteristic Leaching Procedures (TCLP) concentrations as defined in COMAR 26.13.02.14.

D. No Permit Required No discharge permit is required for the discharge of water from impoundments formed by the damming of natural drainage paths, or for the discharge of any untreated "waters" less than 10,000 gallons per day, as a monthly average.

MARYLAND GENERAL DISCHARGE PERMIT NO. 11HT (NPDES NO. MDG67) Page 4

Provides discharge authorization only upon Maryland Department of the Environment notification of registration.

E. Individual Permit or Another General Permit Require d

1. If the Department determines that a discharge may cause an in-stream exceedance of water quality standards, the Department may require additional actions, including an application for an individual permit.

2. The Department may require any person authorized by this permit to apply for and obtain an individual state or state/NPDES discharge permit or obtain coverage under another general permit. If an owner or operator fails to submit, in a timely manner, an application for the Department-required individual state or state/NPDES discharge permit or a Notice of Intent (NOI) for another general permit as established by this condition, the applicability of this permit to the owner or operator is automatically terminated. Effective at the end of such day that was specified by the Department for the application or NOI to be submitted this permit is terminated and the permittee’s continuance of discharges that are covered by this permit is no longer authorized.

3. Any person authorized by this permit may request to be excluded from coverage under this permit by applying for an individual state or state/NPDES discharge permit or requesting coverage under another general permit. The Department may grant this request by issuing an individual state or a state/NPDES discharge permit or by granting coverage under another general permit, if the reasons cited by the owner or operator are adequate to support the request.

4. When an individual state or state/NPDES discharge permit is issued to a person for discharges otherwise subject to this permit, the applicability of this permit to the permittee is automatically terminated on the effective date of the individual state or state/NPDES discharge permit.

5. If there is evidence indicating potential or realized impacts on water quality due to any activity covered by this permit, the owner or operator of the discharging facility may be required to obtain an individual state or a state/NPDES discharge permit or coverage under another general permit.

6. If a person otherwise covered under this permit is denied coverage under an individual state or a state/NPDES discharge permit, the denial automatically terminates on the date of the denial, the person's coverage under this general permit, unless otherwise specified by the Department.

7. The Department may process an NOI as an application for an individual permit if site specific conditions do not allow registration of the facility under the general permit without compromising water quality. Such circumstances may occur when a permittee proposes to discharge to impaired waters, with or without an existing Total Daily Maximum Load (TMDL), or for discharges to high quality waters.

F. Termination of Permit

1. The Department may terminate coverage under this general permit for an existing permittee if the Department finds that:

a. The NOI contained false or inaccurate information;

b. Conditions or requirements of the discharge permit have been or are about to be violated;

c. Substantial deviation from plans, specifications, or requirements has occurred;

d. The Department has been refused entry to the premises for the purpose of inspecting to insure compliance with the conditions of the discharge permit;

MARYLAND GENERAL DISCHARGE PERMIT NO. 11HT (NPDES NO. MDG67) Page 5

Provides discharge authorization only upon Maryland Department of the Environment notification of registration.

e. A change in conditions exists that requires temporary or permanent reduction or elimination of the permitted discharge;

f. Any state or federal water quality stream standard or effluent standard has been or is likely to be violated; or

g. Any other good cause exists for terminating coverage under this permit.

2. If the Department terminates permit coverage as a result of one of the conditions listed in

Section F-1 above, the permittee must apply for an individual permit immediately. The permittee must also cease any and all activities listed in PART I - Section B. until coverage is granted under an individual permit. If there are periods of discharge between the termination of the general permit and the effective date of the individual permit, the facility operator and owner are accountable for those discharges and any violations of state and federal law are subject to penalty as detailed in PART VI.

3. Any permittee not requesting termination of permit coverage remains responsible for meeting all permit requirements, including monitoring and reporting. A permittee should request permit termination by submitting a Notice of Termination (NOT) MDE/WMA/PER.005 form (http://www.mde.state.md.us/) if:

a. All discharges have permanently ceased.

b. For discharge of storm water from containment structures, all product has been permanently removed from storage tanks and all residual contamination in the containment structure has been removed.

G. Authorization

1. To be authorized to discharge under this general permit, a person is required to submit an NOI in accordance with the requirements of PART III of this permit, pay the required fee, receive notification from the Department of registration and comply with the terms and conditions of this permit. Coverage under this permit is effective on the date that the NOI is accepted by the Department, provided the NOI fee has been paid to the Department in accordance with the terms stipulated in PART III below. A person who submits such an NOI, is notified of its acceptance by the Department, complies with the terms and conditions of this permit, and pays the required fee, is authorized to discharge under the terms and conditions of this general permit.

2. If the NOI fee is paid by check which does not clear for any reason, the applicant will be given

30 calendar days to make proper payment, including any interest and other charges. If payment is not received by the 31st calendar day, coverage under this permit shall be considered void from the outset. The permittee should save the cancelled check, a copy of the completed NOI, and the registration letter from the Department. These documents shall be provided to the Department upon request.

H. Transfer of Authorization

1. The authorization under this permit is not transferable to cover a change in facility location.

2. The authorization under this permit is not transferable to any person except in accordance with this section.

MARYLAND GENERAL DISCHARGE PERMIT NO. 11HT (NPDES NO. MDG67) Page 6

Provides discharge authorization only upon Maryland Department of the Environment notification of registration.

3. Authorization to discharge under this permit may be transferred to another person if:

a. The current permittee notifies the Department’s Wastewater Permits Program in writing of the proposed transfer along with the submittal of form MDE/WMA/PER.079 (http://www.mde.state.md.us/);

b. A written agreement, indicating the specific date of the proposed transfer of permit coverage and acknowledging the responsibilities of the current and new permittee for compliance with and liability for the terms and conditions of this permit, is submitted to the Department;

c. The new permittee either confirms in writing that the type of discharge, number of outfalls, and other information given on the original NOI remain correct or submits a modified NOI;

and

d. Neither the current permittee nor the new permittee receives notification from the

Department, within 30 days of receipt of items a through c above, of intent to terminate coverage under this permit.

4. The Department may continue coverage for the new permittee under this permit or may require the new permittee to apply for and obtain an individual state or state/NPDES discharge permit.

5. The new permittee is responsible for any permit fees unpaid by the former permittee.

I. Continuation of an Expired General Permit

The terms and conditions of this permit and authorized permit registrations are automatically continued and remain fully effective and enforceable upon expiration of this permit until the date(s) specified under a reissued general permit unless the permit or authorization is revoked or terminated by the Department.

J. Change in Location Registration under this permit is specific to a geographic location. If an operation moves, the permittee must submit a Notice of Termination (NOT) MDE/WMA/PER.005 form (http://www.mde.state.md.us/) as stated in Section F, above. They must also apply for coverage at the new location by submitting a new NOI.

PART II. DEFINITIONS

A. "Bypass" means the intentional diversion of wastes from any portion of a treatment facility.

B. "CFR" means Code of Federal Regulations.

C. "COMAR" means Code of Maryland Regulations.

D. “Daily determination of concentration ” means one analysis performed on any given sample representing flow during a calendar day, with one number in mg/L or other appropriate units as an outcome.

E. “Daily maximum” effluent concentration means the highest reading of any daily determination of concentration.

F. "Department " means the Maryland Department of the Environment.

MARYLAND GENERAL DISCHARGE PERMIT NO. 11HT (NPDES NO. MDG67) Page 7

Provides discharge authorization only upon Maryland Department of the Environment notification of registration.

G. "Discharge" means:

1. The addition, introduction, leaking, spilling, or emitting of any pollutant to waters of this state; or

2. The placing of a pollutant in a location where the pollutant is likely to pollute.

H. "Disinfectant " means any oxidant, including but not limited to chlorine, chlorine dioxide, chloramines, and ozone, added to the water in any part of the treatment or distribution process, that is intended to inactivate pathogenic microorganisms. For the purposes of this permit, this shall be identified as a post washing activity.

I. "Estimated flow” means a calculated volume or discharge rate that is based on a technical evaluation of the sources contributing to the discharge including, but not limited to, pump capabilities, water meters, and batch discharge volumes.

J. "Federal Clean Water Act" (CWA) means the Federal Water Pollution Control Act Amendments of 1972, its amendments and all rules and regulations adopted there under.

K. "Flushing" means the rinsing of pipes, tanks, or reservoirs with untreated “water” or with potable water to remove solids that have accumulated during construction or from settling. Flushing does not include any introduction of cleaners or chemicals into the pipes or tanks.

L. "General permit" means a discharge permit issued for a class of dischargers.

M. "Grab sample" means an individual sample collected over a period of time not exceeding 15 minutes. Grab samples collected for pH and total residual chlorine shall be analyzed within 15 minutes of time of sample collection.

N. "Groundwater" means underground water in a zone of saturation.

O. "Impaired water" means water whose quality does not meet its designated use(s). For purposes of this permit ‘impaired’ refers to threatened and impaired waters:

1. For which TMDLs have been established,

2. For which existing controls such as permits are expected to resolve the impairment, or

3. For which a TMDL is required.

Impaired waters compilations are also sometimes referred to as 303(d) lists, and are included in Maryland’s most current List of Impaired Surface Waters [as Category 4 or 5] (http://www.mde.maryland.gov/Programs/WaterPrograms/TMDL).

P. "Includes" or "including" means includes or including by way of illustration and not by way of limitation.

Q. "NPDES permit" means a National Pollutant Discharge Elimination System permit issued under the Federal Clean Water Act.

R. "NOI" means Notice of Intent to be covered by this permit (see PART III of this permit).

S. “Oil and grease ” refers to the use of and results yielded from EPA Method 1664 (or any EPA approved revisions of this analytical test method approved for use with Federal Clean Water Act monitoring programs).

T. “Oil terminal" means a facility that is principally engaged in the storage and transfer of petroleum products.

U. "Operator" means that person or those persons with responsibility for the management and performance of each facility.

V. “Outfall ” means the permit authorized wastewater discharge location

MARYLAND GENERAL DISCHARGE PERMIT NO. 11HT (NPDES NO. MDG67) Page 8

Provides discharge authorization only upon Maryland Department of the Environment notification of registration.

W. "Permittee" means the person holding a permit issued by the Department and authorized to discharge under the provisions of this general permit.

X. “Persistent Foam” means foam that does not dissipate within one half-hour of point of discharge and: forms objectionable deposits on the receiving water; forms floating masses producing a nuisance; produces objectionable color or odor; or interferes with a designated use of the water body. It does not mean foaming of the receiving water body caused by natural conditions.

Y. "Person" means an individual, receiver, trustee, guardian, personal representative, fiduciary, or representative of any kind, and any partnership, firm, association, corporation, or other entity.

Person includes the federal government, this state, any county, Municipal Corporation or other political subdivision of this state or any of their units.

Z. “Pollution Prevention Plan (PPP)” means a plan for diverting, detaining, treating and/or otherwise controlling discharges of potable water through physical, chemical or other means such as employee training, minimizing response time, and strategic maintenance planning to minimize the introduction of pollutants into ground or surface waters.

AA. "Potable water" means water that is free from impurities in amounts sufficient to cause disease or harmful physiological effects and which conforms with COMAR 26.04.01 Quality of Drinking Water in Maryland. For this permit, it also refers to drinking water that has been chemically treated.

BB. "Sewage" means water-carried human, domestic and other wastes and includes all human and animal excreta from residences, buildings, industrial establishments, or other places.

CC. "State discharge permit" means the discharge permit issued under the Environment Article, Title 9, Subtitle 3, Annotated Code of Maryland.

DD. "Storm water" means that portion of precipitation, including snow melt runoff, that, once having fallen to the ground, is in excess of the evaporative or infiltrative capacity of soils, and the retentive capacity of surface features, which flows or will flow off the land by surface runoff to waters of the state.

EE. “Super chlorination” means the addition of chlorine resulting in levels exceeding four parts per million (4ppm)

FF. "Surface waters" means all waters of this state that are not groundwaters.

GG. "Tank bottom" means wastewater and attendant sludge that separates from the petroleum or other chemical contents of a storage tank and collects at the bottom or top of the tank.

HH. “Territorial boundaries” means both land and waters of the state.

II. “Total Maximum Daily Load (TMDL)” means a calculation of the maximum amount of a pollutant that a water body can receive and still meet water quality standards, and an allocation of that amount to the pollutant's sources.

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

KK. "Wastewater" means any:

1. Liquid waste substance derived from industrial, commercial, municipal, residential, agricultural, recreational, or other operations or establishments; and

2. Other liquid waste substance containing liquid, gaseous or solid matter and having characteristics that will pollute any waters of the state.

MARYLAND GENERAL DISCHARGE PERMIT NO. 11HT (NPDES NO. MDG67) Page 9

Provides discharge authorization only upon Maryland Department of the Environment notification of registration.

LL. “Water” means the liquid substance which is derived from a groundwater source, a surface water source, or any combination of these sources, and which will be discharged, without change in quality, into waters of this state, with the exception of storm water runoff.

MM. "Waters of the state" includes:

1. Both surface and underground waters within the boundaries of this state subject to its jurisdiction, including that part of the Atlantic Ocean within the boundaries of this state, the Chesapeake Bay and its tributaries, and all ponds, lakes, rivers, streams, tidal and nontidal wetlands, public ditches, tax ditches, and public drainage systems within this state, other than those designed and used to collect, convey, or dispose of sanitary sewage; and

2. The flood plain of free-flowing waters determined by the Department of Natural Resources on the basis of the 100-year flood frequency.

NN. “Water Quality Standard” means such measures of purity or quality for any waters in relation to their reasonable and necessary use as promulgated in COMAR 26.08.02 (http://www.dsd.state.md.us/comar/).

PART III. CONDITIONS of REGISTRATION

A. Requests for Registration and Fee Requirements

1. Notice of Intent (NOI)

a. Applicants shall complete all required information on this permit’s corresponding NOI Form

MDE-WMA-PER011 (http://www.mde.state.md.us), including: permittee name, address, electronic-mail (email) address, and telephone number; facility location including address and latitude and longitude; any preexisting NPDES permit number; receiving water body(s) for each outfall/discharge, and discharge type and flow (expressed as gallons per day) for each outfall (or discharge location). Identify the material for which the pipe, pipeline or tank will or has been used to store or convey. Detailed instructions on how to complete the NOI are located on the back of the form. The current fees in effect are included on the NOI instructions.

A site map shall be included with the NOI identifying discharge locations. The map should provide significant points of reference (i.e., road, building etc.) near the discharge location and must identify all surface waters within a quarter mile of the discharge point. For publicly owned potable water systems, a map of the entire system bounded by the community shall be provided and identify major discharge points (e.g., storage tanks, wells, etc.). All discharge locations shall correspond to those identified on the NOI.

A latitude and longitude must be provided for each discharge point. All locations are to be provided in North American Datum (NAD83), Geographic Projection of Latitude/Longitude in Decimal Degrees.

2. Permit Fee

a. Persons who intend to obtain coverage under this general permit shall submit an initial permit fee to the Department with the NOI form, and an annual fee each year thereafter per

COMAR 26.08.04.09-1 (G).

MARYLAND GENERAL DISCHARGE PERMIT NO. 11HT (NPDES NO. MDG67) Page 10

Provides discharge authorization only upon Maryland Department of the Environment notification of registration.

b. The initial fee requirement as indicated in the NOI instructions shall be made payable to the

Maryland Department of the Environment and sent together with the completed NOI and site map to:

Maryland Department of the Environment

P.O. Box 2057 Baltimore, MD 21203-2057

c. The Department will bill the permittee annually, and the fee shall be paid by the anniversary date of the effective date of the permit each year after the first.

B. Deadlines for Notification

1. New Discharges

At least 60 days prior to the commencement of any new discharge covered under this general permit, a person shall request coverage by submitting a NOI in accordance with the requirements of this PART.

2. Renewals of General Permit 06-HT

Within 60 days after the effective date of this permit, any permittee currently registered under General Permit 06-HT shall submit to the Department a new NOI and fee in order to obtain coverage under this permit. Failure to provide the required documents will result in automatic termination of coverage under General Permit 06HT and the discharger will be subject to enforcement by the Department for discharging without a permit unless the permittee previously provided notice that this discharge has been terminated in accordance with the requirements of the permit. Permittees who submit timely notification for continued permit coverage shall operate under the administratively extended permit 06HT until receiving notification from the Department of coverage (or denial of coverage) under the new permit.

3. All Discharges The Department may bring an enforcement action for failure to submit a NOI in a timely manner, or for any unauthorized discharges that occurred prior to obtaining coverage under this permit.

C. Required Signatures

1. Certification. Any person signing a NOI shall make the following certification as part of the NOI.

"I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations."

2. Signatories. All permit documents shall be signed as follows:

a. For a corporation: by a responsible corporate officer. For the purpose of this section, a responsible corporate officer means:

i.) A president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation; or

MARYLAND GENERAL DISCHARGE PERMIT NO. 11HT (NPDES NO. MDG67) Page 11

Provides discharge authorization only upon Maryland Department of the Environment notification of registration.

ii.) The manager of one or more manufacturing, production, or operating facilities, provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.

b. For a partnership or sole proprietorship: by a general partner or the proprietor, respectively;

or

c. For a municipal, state, federal, or other public agency: by either a principal executive officer or ranking elected official. For purposes of this section, a principal executive officer of a Federal agency includes:

i.) The chief executive officer of the agency; or ii.) A senior executive officer having responsibility for the overall operations of a principal geographic unit of the agency (e.g., Regional Administrators of the EPA).

3. Report Submission

a. All reports required by permits, and other information requested by the Department shall be signed by a person described in PART III - Section C.2 or by a duly authorized representative of that person. A person is a duly authorized representative only if:

i.) The authorization is made in writing by a person described in PART III - Section C.2;

ii.) The authorization specifies either an individual or a position having responsibility for the overall operation of the regulated facility or activity such as the position of plant manager, operator of a well or a well field, superintendent, position of equivalent responsibility or an individual or position having overall responsibility for environmental matters for the company; and iii.) The written authorization is submitted to the Department.

b. If an authorization under this subsection is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of PART III - Section C.3(a) must be submitted to the Department prior to or together with any reports, information or applications to be signed by an authorized representative.

D. Failure to Notify

Persons who engage in an activity covered under this permit, who fail to notify the Department of their intent to be covered under this permit, and who discharge to waters of the state without an individual state or state/NPDES discharge permit, are in violation of the CWA and of the Environment Article, Annotated Code of Maryland, and may be subject to penalties.

E. Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit at a level in excess of that authorized shall constitute a violation of the terms and conditions of this permit. The permittee shall report any anticipated facility expansions, additional or relocated outfalls, or process modifications which will result in new, different or an increased discharge of pollutants by submitting a new NOI (http://www.mde.state.md.us) at least 90 days prior to the commencement of the changed discharge. Based on its evaluation of the revised NOI the Department may:

MARYLAND GENERAL DISCHARGE PERMIT NO. 11HT (NPDES NO. MDG67) Page 12

Provides discharge authorization only upon Maryland Department of the Environment notification of registration.

a. Continue to authorize the discharge under the permittees’ current registration; or

b. Require the permittee to apply for an individual state or state/NPDES discharge permit.

For any potable water system structural additions, updates to the map shall be submitted to the Department and to any affected storm sewer system authority 30 days prior to the flushing season.

F. Additional Notification

Any facility registered under this permit that discharges into a municipal storm sewer system shall notify the operator of any single discharge of 100,000 gallons or more and make its pollution prevention plan available to the operator of that system. Local storm sewer systems under NPDES permits are listed at http://www.mde.maryland.gov/programs/water/stormwatermanagementprogram/pages/programs/waterprogra ms/sedimentandstormwater/storm_gen_permit.aspx Contacts for large systems are available at http://www.mde.maryland.gov/programs/water/stormwatermanagementprogram/documents/www.mde.state.m d.us/assets/document/sedimentstormwater/npdes_phase_1_contacts.pdf

PART IV. SPECIAL CONDITIONS of DISCHARGES

A. Notifications

1. Notification Prior to Discharge

a. If the total wastewater discharge from any single hydrostatic test event will exceed 100,000 gallons within a 24-hour period or the rate of discharge will equal at least 50% of the flow of the receiving stream, the permittee shall notify the Water Management Administration’s Compliance Program by phone at 410-537-3510 no later than 48 hours prior to the first discharge.

b. For all hydrostatic testing discharges, the permittee shall include with the NOI an approximate schedule of discharges, and shall name a contact person who can provide updated scheduling information if necessary.

c. For potable water system discharges, the permittee shall identify on the NOI a contact person who can provide discharge schedules upon request.

2. Notification of the Discharge of a Pollutant Not Limited in This Permit The permittee shall notify the Department as soon as it is known or suspected that any toxic pollutants which are not specifically limited by this permit have been discharged at or above levels specified in 40 CFR Part 122.42. This notification requirement may be modified by the Department at its discretion.

3. Submittal of Notifications

All notifications shall be made to the Water Management Administration’s Compliance Program at 410-537-3510 or, where permissible, in writing to:

WMA - Compliance Program 1800 Washington Blvd., Suite 425

Baltimore, MD 21230

MARYLAND GENERAL DISCHARGE PERMIT NO. 11HT (NPDES NO. MDG67) Page 13

Provides discharge authorization only upon Maryland Department of the Environment notification of registration.

B. Effluent Limitations and Monitoring Requirements

1. Treated tank bottom wastewater from petroleum storage tanks to surface waters

a. Biomonitoring Program i.) Within three months after registration under this permit, and prior to any discharge of tank bottom wastewater, the permittee shall submit to the Department for approval a study plan to evaluate wastewater toxicity by using biomonitoring. The study plan should include a discussion of:

1. sampling & sample handling;

2. source & age of test organisms;

3. source of dilution water;

4. testing procedures/experimental design;

5. data analysis;

6. quality control/quality assurance; and

7. report preparation.

ii.) The testing program shall consist of one definitive acute testing event. This testing shall not be performed before the Department's acceptance of the study plan.

1. The testing event shall include a 48-hour static renewal test using fathead minnow and a 48-hour static renewal test using a daphnid species.

2. If the receiving water is estuarine the permittee may substitute estuarine species for those species specified above. Approved estuarine species for acute testing are sheepshead minnows, silversides, grass shrimp, and mysid shrimp. In all cases, testing must include one vertebrate species and one invertebrate species.

iii.) The sample used for biomonitoring shall be collected in the same manner and location as the samples analyzed for the effluent limitations and monitoring requirements for this outfall, and shall not be chlorinated.

iv.) Testing shall be conducted in accordance with the procedures described in the EPA’s Methods for Measuring the Acute Toxicity of Effluents and Receiving Waters to Freshwater and Marine Organisms, October 2002 and further revisions found on the EPA’s website at (http://water.epa.gov/scitech/methods/cwa/wet/disk2_index.cfm).

v.) Test results shall be submitted to the Department within one month of completion.

vi.) Test results shall be reported in accordance with MDE/WMA "Reporting Requirements for Effluent Biomonitoring Data".

vii.) If testing is not performed in accordance with MDE-approved study plan, additional testing may be required by the Department.

viii.) If the test results indicate that the effluent is toxic, the discharge will not be authorized by this permit.

ix.) Submit all biomonitoring-related materials to:

Maryland Department of the Environment WMA - Compliance Program

1800 Washington Boulevard, STE-420 Baltimore, Maryland 21230

Attn: Biomonitoring

b. Conditions i.) The permittee is authorized to discharge treated tank bottom wastewater to surface waters of this state only after confirming, via biomonitoring, that each batch is not acutely toxic.

ii.) Biomonitoring results shall be submitted to and approved by the Department before discharge.

iii.) Discharges shall not contain visible oil sheen, floating solids or persistent foam.

MARYLAND GENERAL DISCHARGE PERMIT NO. 11HT (NPDES NO. MDG67) Page 14

Provides discharge authorization only upon Maryland Department of the Environment notification of registration.

iv.) Each batch of tank bottom wastewater shall meet the effluent limitations specified below at the final discharge point.

QUANTITY or LOADING

PARAMETER

Daily Maximum Monthly Average Units

FREQUENCY OF

ANALYSIS

SAMPLE

TYPE

Flowi REPORT REPORT gpd 1/discharge measured

QUALITY OR CONCENTRATION

Oil & Greaseii 15 *** mg/L

BTEXii, iii 100 *** µg/L

Benzeneii 22 *** µg/L

Total Suspended Solids (TSS)ii

60 *** mg/L

3/discharge grab

Notes:

i.) Applicable to Flow: Total flow shall be measured for the period of discharge and the flow divided by the time over which the discharge occurred.

ii.) Applicable to Oil & Grease, BTEX, Benzene and TSS: three grab samples, evenly spaced over the course of each discharge period, shall be collected and analyzed separately.

iii.) Applicable to BTEX: Defined as the sum of the benzene, toluene, ethylbenzene, and xylene concentrations. The permittee shall include in the DMR the total BTEX and each individual concentration of benzene, toluene, ethylbenzene, and xylene.

2. Discharges from Disinfection and Hydrostatic Testing of Pipes, Pipelines, and Tanks and

Mechanical Cleaning of Potable Water Pipes and Tanks

a. Discharges of wastewater from disinfection (chlorine or bromine only as a disinfecting agent) or hydrostatic testing of new or used tanks, pipes, or pipelines, and super chlorinated water and mechanical cleaning of potable water pipes and tanks shall meet the limitations specified below at the final discharge point.

QUANTITY or LOADING

PARAMETER

MONTHLY

AVERAGE

DAILY

MAXIMUM

TOTAL

QUARTERLY

FLOW

UNITS

FREQUENCY OF

ANALYSIS

SAMPLE

TYPE

Flow REPORT

REPORT

REPORT

gpd 1/discharge measured see note below

NOTE: Shall be measured for the period of discharge and the flow divided by the time over which the discharge occurred.

MARYLAND GENERAL DISCHARGE PERMIT NO. 11HT (NPDES NO. MDG67) Page 15

Provides discharge authorization only upon Maryland Department of the Environment notification of registration.

QUALITY or CONCENTRATION

PARAMETER MINIMUM DAILY

MAXIMUM

UNITS

FREQUENCY

OF

ANALYSIS

SAMPLE

TYPE

Parameter Specific Requirements

Oil & Grease (O&G)

15 mg/L

Required only for discharges from tanks, pipes or pipelines previously used to store or convey these types of materials, including animal or vegetable oils, petroleum products, and natural gas

1) Monitoring required only if the test or disinfection water, or flushing water (potable water systems, only) has been chlorinated or comes from a chlorinated water supply

2) Total Residual Chlorine limits are 19 µg/L for discharges to fresh water and 13 µg/L for discharges to salt water

Total Residual Chlorine

19 (fresh)

13 (salt) µg/L

3) The minimum quantification level for total residual chlorine is

0.10 mg/L. Report all results below the minimum level as "<0.10 mg/L"

Total Suspended Solids (TSS)

60 mg/L

Not required for discharges from disinfection of potable water pipes or tanks unless Mechanical Cleaning has been performed.

1) Monitoring required only if the wastewater is chemically dechlorinated.

2) The daily minimum dissolved oxygen limit is:

a. 5.0 mg/L for discharges to Use I, I-P, and II waters; and

Dissolved Oxygen (DO)

Refer to parameter specific require-ments 1 & mg/L

b. 6.0 mg/L for discharges to Use III, III-P, IV, and IV-P waters.

pH 6.0 9.0 s.u.

Three grab samples, evenly spaced over the course of each discharge period, shall be collected and analyzed separately.

Required May through October only for use III, III-P, IV, and IV-P waters; at beginning of discharge and midway through discharge.

The receiving stream standards are as follows:

1) Use III and III-P: 68ºF

Temperature REPORT ºF 2/discharge i-s

2) Use IV and IV-P: 75ºF

Temperature Difference

0* ºF 2/discharge i-s *See note below

MARYLAND GENERAL DISCHARGE PERMIT NO. 11HT (NPDES NO. MDG67) Page 16

Provides discharge authorization only upon Maryland Department of the Environment notification of registration.

NOTE: The temperature difference shall be measured as follows: The discharge shall not cause the temperature of the receiving waters to exceed the water quality criteria described above, or if the ambient stream temperature already exceeds those criteria, then the discharge shall not cause a measureable rise in the receiving water temperature beyond a mixing zone. The allowable mixing zone for temperature in still water is 50 feet radially from the outfall and in flowing water, 50 feet from the discharge point (outfall) in the direction of flow at the time of measurement. To quantify these variables, this permit expresses the results as “temperature difference”, which is the arithmetic result of subtracting the effluent temperature or the temperature at the effluent first, and if the temperature is less than or equal to the stream standard, no in-stream measurements are necessary and the permittee shall report “<0” on the discharge monitoring report (DMR).

b. All used tanks, pipes or pipelines shall be cleaned before being filled with test water. All wastewater and removed solids resulting from cleaning operations shall be properly disposed in a manner which will not result in a discharge to waters of the state.

c. If the wastewater discharge is solely to groundwater, the above effluent limitations and monitoring requirements are waived except for flow and oil and grease.

d. The permittee shall take all necessary measures to prevent erosion damage during the discharge. Any gullying greater than six inches in depth is considered excessive erosion. If the discharge is onto normally dry land or a dry drainage channel, these preventive measures may include, but are not limited to, discharge via a diffuser, discharge into riprap, discharge into a splash barrier, and flow rate controls. If the discharge is directly into flowing or standing water, preventive measures include flow rate control and locating the point of discharge in the receiving water at a sufficient depth to avoid bottom scour.

e. If water for testing purposes is appropriated from surface or groundwaters of the state, the permittee shall obtain, if necessary, a water appropriation permit from the Department. If water is withdrawn from surface sources for testing purposes, the raw water intake shall be placed off the bottom of the waterway and a screen shall surround the end of the intake pipe.

If possible, water shall not be withdrawn immediately after a rain event has significantly elevated the turbidity of the water supply. High suspended solids in the test water will not be justification for exceeding the TSS discharge limit.

f. If test water is discharged into an oil/water separator, settling basin or any other treatment system normally used to treat process or storm water, the rate of discharge shall not exceed the design capacity of the treatment system.

g. Discharges shall not contain visible oil sheen, floating solids or persistent foam.

3. Wastewater from draining or flushing of fire control systems

a. The permittee shall take all necessary measures to prevent erosion damage during the the discharge is onto normally dry land or a dry drainage channel, these preventive measures may include, but are not limited to, discharge via a diffuser, discharge into riprap, discharge into a splash barrier, and flow rate controls. If the discharge is directly into flowing

MARYLAND GENERAL DISCHARGE PERMIT NO. 11HT (NPDES NO. MDG67) Page 17

Provides discharge authorization only upon Maryland Department of the Environment notification of registration.

b. The discharge shall not cause the temperature of the receiving waters, beyond a mixing zone that in still water extends 50 feet radially from the outfall and in flowing water, 50 feet from the discharge point (outfall) in the direction of flow at the time of measurement to exceed 68°F in Use III or III-P receiving waters, 75°F in Use IV or IV-P receiving waters, and 90°F in Use I, I-P, or II receiving waters. If the ambient temperature of the receiving waters exceeds these standards, the temperature of the discharge shall not increase the ambient temperature of the stream.

c. For discharges over 100,000 gallons or those that equal at least half the flow in the receiving stream and which occur between May 1st and November 1st, the permittee shall verify compliance with the temperature limits identified above by measuring the temperature of the water to be discharged within a half-hour prior to discharge. If the temperature of the discharge exceeds 68°F, the permittee shall measure the temperature of the receiving waters at the edge of the mixing zone midway through the discharge period.

d. The results of monitoring in b and c, above, shall be kept with the permit registration letter, and made available to the Department upon request.

e. Per COMAR 26.08.03.06, the discharge shall not contain chlorine or chlorine-containing compounds except in nondetectable levels. The nondetectable level shall be less than 0.1 milligram/Liter as determined using either the DPD titrimetric or colorimetric method or an alternative method approved by the Department. Dechlorination may be accomplished by:

i.) Chemical addition;

ii.) Absorption onto activated carbon;

iii.) Control of discharge rates or holding of the effluent so that chlorine residuals are reduced to the nondetectable level; or iv.) Any other method approved in advance by the Department.

f. Discharges shall not contain visible oil sheen, floating solids or persistent foam.

4. Discharges from Potable Water Systems

This section covers all discharges from potable water utilities except any discharges from super chlorination of pipes or tanks. Super chlorinated discharges and mechanical cleaning shall meet the limits as identified in PART IV - Section B.2 - Discharges from Disinfection and Hydrostatic Testing of Pipes, Pipelines, and Tanks.

a. The permittee is authorized to discharge water from the overflow, draining, or dewatering of reservoirs, vessels or structures used to store or convey potable water for consumption including standing water, and water from flushing, hydrostatic testing, mechanical cleaning, water main breaks, leaks, or other releases.

b. All facilities shall develop a Pollution Prevention Plan (PPP) with technology based best management practices. The PPP is subject to the review and approval of the Department, upon request. For new permittees, the PPP shall address an inventory of planned discharges and their quality and necessary treatment, and shall be implemented within six months of registration under the permit. For facilities renewing permit coverage, the plan shall be reviewed and updated prior to application for permit coverage, and as necessary.

i.) The PPP shall include:

1. An inventory of anticipated discharges, including type of discharge (from flushing, line maintenance, tank cleaning, etc.), and any scheduled events.

2. The expected quantity, quality, and location of each discharge.

MARYLAND GENERAL DISCHARGE PERMIT NO. 11HT (NPDES NO. MDG67) Page 18

Provides discharge authorization only upon Maryland Department of the Environment notification of registration.

3. All potential discharge alternatives including disposal into the sanitary sewer, overland flow, storm sewer, or other potential alternatives.

4. Any available data on the quality of previous discharges of different types, at the point where it leaves the system and at the point of entry into state waters.

5. All treatment options available for different discharge types and in different locations.

6. Stream designations and other factors used to determine the impact of the discharge upon waters of the state.

ii.) Water quality data from previous discharges and location and volume of anticipated discharges shall be considered in developing the most protective treatment methods.

iii.) The Department may notify the permittee at any time that the PPP does not meet one or more of the minimum requirements of this PART. After such notification from the Department, the permittee shall make changes to the PPP to correct the deficiencies and shall submit to the Department a written certification that the requested changes have been made. The permittee shall have 90 days after such notification to make the necessary changes in the PPP and shall implement the changes as agreed between the permittee and the Department.

iv.) The PPP shall address practices to ensure the discharge intends to…