Attachment 6 - Industrial Permit Final.pdf

3850-PM-BCW0083d 9/2016 COMMONWEALTH OF PENNSYLVANIA Permit DEPARTMENT OF ENVIRONMENTAL PROTECTION

BUREAU OF CLEAN WATER

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PAG-03

AUTHORIZATION TO DISCHARGE UNDER THE

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES)

GENERAL PERMIT FOR DISCHARGES OF

STORMWATER ASSOCIATED WITH INDUSTRIAL ACTIVITY

NPDES PERMIT NO:

In compliance with the provisions of the Clean Water Act, 33 U.S.C. Section 1251 et seq., and Pennsylvania's Clean Streams Law, as amended, 35 P.S. Section 691.1 et seq., (permittee) is authorized to discharge from a facility known as (facility), located in , to in Watershed(s) in accordance with the effluent limitations, monitoring and reporting requirements, best management practices (BMPs) and other conditions set forth in Parts A, B and C and Appendix(ces) herein.

APPROVAL OF COVERAGE TO DISCHARGE UNDER THIS GENERAL NPDES PERMIT IS AUTHORIZED

BEGINNING ON . WHEN THE GENERAL PERMIT IS RENEWED, REISSUED OR MODIFIED, THE

FACILITY OR ACTIVITY COVERED BY THE APPROVAL FOR COVERAGE MUST COMPLY WITH THE FINAL

RENEWED, REISSUED OR MODIFIED GENERAL PERMIT.

The authority granted by coverage under the PAG-03 NPDES General Permit (“General Permit”) is subject to the following further qualifications:

1. The permittee shall comply with the terms and conditions of the PAG-03 NPDES General Permit, including the monitoring and reporting requirements contained in Part A, the standard conditions in Part B, the special conditions in Part C, and the applicable appendix or appendices for all discharges of stormwater from the facility.

2. Submission of a Notice of Intent (NOI) is not required for renewal of coverage under this General Permit and coverage is automatically extended for the duration of the final renewed, reissued or amended General Permit, unless DEP notifies the permittee in writing that submission of an NOI is required. The permittee shall be responsible for complying with the final renewed, reissued or amended General Permit. If the permittee is unable to comply with the renewed, reissued or amended General Permit, the permittee shall submit an application for an individual NPDES permit within 90 days of the final General Permit publication.

3. If the permittee believes a conflict exists between the requirements in the NOI or its supporting documents and the terms and conditions of the PAG-03 NPDES General Permit, the permittee shall comply with the terms and conditions of the General Permit.

4. The Permittee’s failure to comply with the terms, conditions, or effluent limitations of the PAG-03 NPDES General Permit is grounds for DEP to take an enforcement action, or to terminate or revoke coverage under this General Permit.

5. This PAG-03 NPDES General Permit does not authorize construction or modification of treatment facilities necessary to meet the terms and conditions of this General Permit.

The aforementioned approval is authorized by:

Clean Water Program Manager

Regional Office Department of Environmental Protection

DDE0007

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DDE0007

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3850-PM-BCW0083d 9/2016 COMMONWEALTH OF PENNSYLVANIA Permit DEPARTMENT OF ENVIRONMENTAL PROTECTION

BUREAU OF CLEAN WATER

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PAG-03

AUTHORIZATION TO DISCHARGE UNDER THE

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES)

GENERAL PERMIT FOR DISCHARGES OF

STORMWATER ASSOCIATED WITH INDUSTRIAL ACTIVITY

In compliance with the provisions of the Clean Water Act, 33 U.S.C. Section 1251 et seq. and Pennsylvania's Clean Streams Law, as amended, 35 P.S. Section 691.1 et seq., the Department of Environmental Protection (DEP) hereby authorizes, subject to the terms and conditions contained in this General Permit, the discharge of stormwater associated with industrial activity to surface waters of the Commonwealth. This General Permit authorizes discharges to surface waters in accordance with monitoring and reporting requirements, BMPs and other conditions set forth in Parts A, B and C and the applicable appendix or appendices herein.

An eligible discharger may not commence a new discharge under this General Permit until the following conditions have been met:

1. The discharger has submitted a complete NOI in accordance with the requirements of this General Permit, using the NOI form provided by DEP.

2. The discharger has received a signed copy of this General Permit from DEP authorizing coverage under this

General Permit.

DEP may deny coverage under this General Permit and require submission of an application for an individual permit based on a review of the NOI or other relevant information, including monitoring data.

When coverage is approved under this General Permit, coverage continues automatically as the PAG-03 NPDES General Permit is modified or reissued. The submission of an NOI to renew coverage is not required unless DEP notifies the permittee in writing that the submission of an NOI is required to continue coverage.

SCOPE

This PAG-03 General Permit is intended to provide NPDES permit coverage for discharges of stormwater associated with industrial activity, as defined at 40 CFR § 122.26(b)(14) (excluding §§ 122.26(b)(14)(iii) for mineral industry, 122.26(b)(14)(ix) for sewage treatment works and 122.26(b)(14)(x) for stormwater associated with construction activity), and other industrial stormwater discharges that may be required to obtain a permit under Pennsylvania’s Clean Streams Law. An industrial facility that already has or is required to obtain an individual NPDES permit for non-stormwater discharges may not use the PAG-03 General Permit for coverage of its stormwater discharges, as the stormwater discharges are incorporated into the individual permit. An industrial facility whose non-stormwater discharges are not already covered by an individual permit may be eligible for General Permit coverage if the non-stormwater discharges are limited to those listed in Part C I.B. of this General Permit and the sector-specific non-stormwater discharges identified in the applicable appendix.

This PAG-03 General Permit contains Parts A, B and C, which apply to all facilities, and appendices that are sector-specific. Table 1 of the NOI Instructions (3850-PM-BCW0083a) identifies the PAG-03 appendices, the standard industrial classification (SIC) codes and industrial activities that are subject to the requirements in those appendices, and the source of the requirement for NPDES permit coverage (or otherwise no exposure certification).

Facilities whose primary industrial activities do not fall within the SIC codes of a given appendix, but the activities are nonetheless similar, may be specified by DEP as needing to comply with that appendix.

3850-PM-BCW0083d 9/2016 Permit No.

Permit

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NOI REQUIREMENTS

Deadlines for NOI

A facility seeking coverage under this PAG-03 NPDES General Permit shall submit an administratively complete and acceptable NOI at least 60 days prior to the planned date for commencing any new discharge. A facility authorized to discharge stormwater under an individual NPDES permit who is seeking coverage under this General Permit may continue to discharge in accordance with the individual permit while DEP reviews the NOI and associated documents for coverage under this General Permit.

Contents of the NOI

The discharger shall submit the information and attachments required by this General Permit and the NOI form provided by DEP, and shall properly sign the NOI in accordance with 25 Pa. Code § 92a.22 (relating to signatories to permit applications and reports) and 40 CFR § 122.22.

Where to Submit the NOI

The NOI shall be submitted to the DEP regional office that has jurisdiction over the county where the facility is located (visit www.dep.pa.gov and select “Regional Resources”).

DISCHARGES NOT AUTHORIZED BY THIS GENERAL PERMIT

The following discharges are not authorized under this General Permit, and DEP may deny coverage under this General Permit when one or more of the following conditions exist:

1. Stormwater discharges that, individually or in combination with other similar discharges, are or have the potential to be a contributor of pollution, as defined in the Pennsylvania Clean Streams Law, which are more appropriately controlled under an individual permit. (25 Pa. Code § 92a.54(e)(1))

2. The discharger is not, or will not be, in compliance with any one or more of the conditions of the General Permit.

(25 Pa. Code § 92a.54(e)(2))

3. Stormwater discharges proposed by a person responsible for other activities regulated by DEP who has failed and continues to fail to comply or has shown a lack of ability or intention to comply with a regulation, permit, schedule of compliance or order issued by DEP. (25 Pa. Code § 92a.54(e)(3))

4. Stormwater discharges that contain pollutants for which a change has occurred in the availability of demonstrated technology or practices for the control or abatement of the pollutants. (25 Pa. Code § 92a.54(e)(4))

5. Stormwater discharges for which categorical point source effluent limitations are promulgated by the

U.S. Environmental Protection Agency (EPA) and other sector-specific prohibited discharges identified in the appendices to this General Permit. (25 Pa. Code § 92a.54(e)(5))

6. Stormwater discharges that are not in compliance or will not result in compliance with an applicable effluent limitation or water quality standard. (25 Pa. Code § 92a.54(e)(6))

7. Stormwater discharges from a facility for which an individual permit is required for other point source discharges, and issuance of both an individual permit and authorization for coverage under a General Permit for the facility would constitute an undue administrative burden on DEP. (25 Pa. Code § 92a.54(e)(7))

8. Stormwater discharges that DEP determines require an individual NPDES permit to ensure compliance with the

Federal Clean Water Act, the Pennsylvania Clean Streams Law or DEP regulations. 25 Pa. Code § 92a.54(e)(8))

9. Stormwater discharges to surface waters classified as High Quality (HQ) or Exceptional Value (EV) waters under

25 Pa. Code Chapter 93 (relating to Water Quality Standards), unless such discharges are “grandfathered.”

(25 Pa. Code § 92a.54(e)(9)) http://www.dep.pa.gov/

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10. Stormwater discharges containing toxic or hazardous pollutants as defined in sections 307 and 311 of the Clean Water Act (33 U.S.C. §§ 1317 and 1321), or any other substance which, because of its quantity, concentration or physical, chemical or infectious characteristics, may cause or contribute to an increase in mortality or morbidity in either an individual or the total population, or pose a substantial present or future hazard to human health or the environment when discharged into surface waters. (25 Pa. Code § 92a.54(a)(5))

11. Stormwater discharges that individually or cumulatively have the potential to cause or contribute to a violation of an applicable water quality standard established under 25 Pa. Code Chapter 93 (relating to water quality standards) or cause significant adverse environmental impact. (25 Pa. Code § 92a.54(a)(7))

12. Stormwater discharges to impaired waters (with or without an approved Total Maximum Daily Load (TMDL)) where the discharges contain or are expected to contain parameters at concentrations that have the potential to cause or contribute to the impairment, and stormwater discharges that are subject to a wasteload allocation (WLA) in a TMDL.

13. Stormwater discharges that would adversely affect a listed endangered or threatened species or its critical habitat. (25 Pa. Code § 92a.12(c))

14. Stormwater discharges from a facility covered by an individual permit when coverage under the General Permit would result in less stringent effluent limitations or terms and conditions.

15. Non-stormwater discharges and stormwater discharges containing pollutants that are intentionally introduced by the permittee, unless specifically authorized by DEP.

16. Stormwater discharges associated with construction activity as defined in 40 CFR § 122.26(b)(14)(x) or

40 CFR § 122.26(b)(15); stormwater discharges associated with mineral extraction activity as defined in 40 CFR § 122.26(b)(14)(iii); and stormwater discharges associated with treatment works treating domestic sewage as defined in 40 CFR § 122.26(b)(14)(ix).

17. Stormwater discharges that occur at new or existing facilities with cooling water intake structures as defined in 40

CFR §§125.81 and 125.91, respectively.

18. Stormwater discharges where one or more of the sector-specific discharge prohibitions apply, as identified in the appendices to the General Permit.

THE AUTHORITY GRANTED BY THIS GENERAL PERMIT IS SUBJECT TO THE FOLLOWING CONDITIONS:

1. DEP may require a permittee with a discharge(s) authorized by this General Permit to apply for and obtain an individual NPDES permit by notifying the permittee in writing that an individual NPDES permit application is required. Any interested person may petition DEP to require an individual NPDES permit for a discharge authorized under this General Permit.

DEP’s notice will include the following:

- A brief statement of the reason(s) for this decision;

- An individual NPDES permit application form;

- A deadline for the owner or operator to submit the application; and

- A statement that the permittee’s failure to submit an individual NPDES permit application by the required deadline will result in termination of the permittee’s authorization to discharge under this General Permit.

2. Any person authorized to discharge by this General Permit may request to be excluded from the coverage of this General Permit by applying for an individual NPDES permit.

3. This General Permit does not authorize the discharge of any waste streams other than stormwater associated with industrial activity and authorized non-stormwater discharges.

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4. When DEP issues an individual NPDES permit to a person whose discharge(s) is covered by this General Permit, the applicability of this General Permit is automatically terminated on the effective date of the individual permit. When DEP denies an individual permit to a person whose discharge(s) is covered by this General Permit, the person may continue discharging if DEP advises that all eligibility requirements under this General Permit are met, or shall cease discharging if DEP advised that such requirements are not met.

5. This General Permit will expire 5 years from the date of its issuance. If DEP reissues this General Permit upon expiration, modifies this General Permit during its current term, or revokes this General Permit during its current term and reissues it for a new 5-year term, a permittee with approved coverage under this General Permit may continue to discharge in accordance with the terms and conditions of the modified or reissued General Permit, unless DEP notifies the permittee in writing that the permittee must submit an NOI to continue coverage. (25 Pa. Code § 92a.54(b))

6. To modify or reissue this General Permit, DEP will publish a notice in the Pennsylvania Bulletin of a draft General Permit and provide a 30-day public comment period. After the comment period, DEP will publish notice of the final modified or reissued General Permit in the Pennsylvania Bulletin. The permittee shall comply with the final modified or reissued General Permit. If the permittee is unable to comply with the modified or reissued General Permit, the permittee shall submit an application for an individual permit within 90 days of publication of the final General Permit. (25 Pa. Code § 92a.84)

7. If a discharge approved for coverage under this General Permit subsequently exhibits a condition that renders the discharge ineligible for coverage (see “Discharges Not Authorized by this General Permit”, above), the permittee promptly shall take action to restore eligibility, to notify DEP in writing of the condition, and, if eligibility cannot be restored, to submit an individual NPDES permit application to DEP. DEP may revoke coverage under this General Permit if potential or actual adverse impacts to water quality occur as a result of the permittee’s discharge(s).

8. No condition of this General Permit releases the permittee from any responsibility or requirements under other federal or Pennsylvania environmental statutes or regulations or local ordinances.

General Permit By

(PAG-03) Issued Director Bureau of Clean Water

Effective 9/24/2016

Expires 9/23/2021

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DDE0007

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PART A

EFFLUENT LIMITATIONS, MONITORING, RECORDKEEPING AND REPORTING REQUIREMENTS

I. EFFLUENT LIMITATIONS

A. This General Permit establishes effluent limitations through the implementation of best management practices (BMPs), as specified in Part C II and the sector-specific appendices of this General Permit, to reduce the discharge of pollutants in stormwater discharges associated with industrial activity.

B. All stormwater discharges must comply with all applicable requirements established in accordance with

25 Pa. Code Chapters 91-96, 102, and 105 of DEP's rules and regulations. For all permittees covered under this General Permit, DEP may, upon written notice, require additional BMPs or other control measures to ensure that the water quality standards of the receiving waters are attained.

C. The permittee may not discharge:

1. Floating solids, scum, sheen or substances that result in observed deposits in the receiving water.

(25 Pa. Code § 92a.41(c))

2. Oil and grease in amounts that cause a film or sheen upon or discoloration of the waters of this Commonwealth or adjoining shoreline. (25 Pa. Code §§ 92a.47(a)(7), 95.2(2))

3. Substances in concentration or amounts sufficient to be inimical or harmful to the water uses to be protected or to human, animal, plant or aquatic life. (25 Pa. Code § 93.6(a))

4. Foam or substances that produce an observable change in the color, taste, odor or turbidity of the receiving water. (25 Pa. Code § 92a.41(c))

II. DEFINITIONS

At Outfall (XXX) means a sampling location in outfall line XXX below the last point at which wastes are added to outfall line (XXX), or where otherwise specified.

Benchmark Value means the concentration of a pollutant that serves as the threshold for the determination of whether existing site best management practices are effective in controlling stormwater pollution. Benchmark values are not effluent limitations. Two consecutive monitoring period exceedances of benchmark values triggers the requirement to develop and submit a corrective action plan.

Best Management Practices (BMPs) means schedules of activities, prohibitions of practices, maintenance procedures and other management practices to prevent or reduce the pollutant loading to surface waters of the Commonwealth. The term also includes treatment requirements, operating procedures and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage. The term includes activities, facilities, measures, planning or procedures used to minimize accelerated erosion and sedimentation and manage stormwater to protect, maintain, reclaim, and restore the quality of waters and the existing and designated uses of waters within this Commonwealth before, during and after earth disturbance activities. (25 Pa. Code § 92a.2)

Bypass means the intentional diversion of waste streams from any portion of a treatment facility.

(25 Pa. Code §§ 92a.3(c), 92a.41(a) and 40 CFR § 122.41(m)(1)(i))

Clean Water Act means the Federal Water Pollution Control Act, as amended. (33 U.S.C. §§ 1251 to 1387).

Chemical Additive means a chemical product (including products of disassociation and degradation, collectively “products”) introduced into a waste stream that is used for cleaning, disinfecting, or maintenance and which may be detected in effluent discharged to waters of the Commonwealth. The term generally excludes chemicals used for neutralization of waste streams, the production of goods, and treatment of wastewater.

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Composite Sample means the sample collected by combining individual samples for chemical analysis. For all analyses except gas chromatography / mass spectroscopy (GC/MS) volatile organic analysis, a composite sample consists of a combination of individual samples (at least eight for a 24-hour period or four for an 8-hour period) of at least 100 milliliters (mL) each obtained at spaced time intervals during the compositing period.

The composite must be flow-proportional; either the volume of each individual sample is proportional to discharge flow rates, or the sampling interval is proportional to the flow rates over the time period used to produce the composite.

For GC/MS volatile organic analysis, a composite sample consists of at least four aliquots or grab samples collected during the sampling event (not necessarily flow proportioned). The samples must be combined in the laboratory immediately before analysis and then one analysis is performed. (EPA Form 2C)

Corrective Action Plan means a document or correspondence submitted to DEP that identifies additional pollutant control measures or BMPs that will be implemented by the permittee in order to reduce the concentration of pollutants in stormwater discharges to levels at or below benchmark values specified in sector-specific appendices of the PAG-03 General Permit, along with an implementation schedule.

Daily Discharge means the discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the calendar day for purposes of sampling. For pollutants with limitations expressed in units of mass, the "daily discharge" is calculated as the total mass of the pollutant discharged over the day.

For pollutants with limitations expressed in other units of measurement, the "daily discharge" is calculated as the average measurement of the pollutant over the day. (25 Pa. Code §§ 92a.2, 92a.3(b)(1) and

40 CFR § 122.2)

Daily Maximum Discharge Limitation means the highest allowable "daily discharge."

Dike Area means the area included within the protective dike around tank storage areas.

Discharge Monitoring Report (DMR) means the DEP or EPA supplied form(s) for the reporting of self-monitoring results by the permittee. (25 Pa. Code §§ 92a.2, 92a.3(b)(1) and 40 CFR § 122.2)

Grab Sample means an individual sample of at least 100 mL collected at a randomly selected time over a period not to exceed 15 minutes. (EPA Form 2C)

Hazardous Substance means any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. (25 Pa. Code § 92a.3(b)(1), 40 CFR § 122.2)

Hazardous Waste means a solid waste, as defined in 40 CFR § 261.2, if it meets any of the criteria in 40 CFR § 261.3, except 40 CFR § 261.3(c)(2)(ii)(C). (25 Pa. Code § 261.3)

Impaired Waters means surface waters that fail to attain one or more of its designated uses under 25 Pa. Code Chapter 93 and as listed in Categories 4 and 5 of Pennsylvania’s Integrated Water Quality Monitoring and Assessment Report.

Industrial Waste means a liquid, gaseous, radioactive, solid or other substance, not sewage, resulting from manufacturing or industry, or from an establishment, and mine drainage, refuse, silt, coal mine solids, rock, debris, dirt and clay from coal mines, coal collieries, breakers or other coal processing operations (the term includes all of these substances whether or not generally characterized as a waste). (25 Pa. Code § 92a.2)

Monitoring Period (Reporting Period) means the period of time in which activities occur that are subject to reporting to DEP, based on the calendar year; for example, where samples must be collected and analyzed for stormwater pollutant concentrations every six months, the monitoring periods are the semiannual periods of January 1 – June 30 and July 1 – December 31.

No Exposure means a condition where industrial materials and activities are protected by a storm-resistant shelter to prevent exposure to stormwater. Industrial materials and activities include, but are not limited to, material handling equipment or activities, industrial machinery, raw materials, intermediate products, by-products, final products or waste products. Material handling activities include the storage, loading and

- 8 -unloading, transportation, or conveyance of any raw material, intermediate product, final product or waste product. (25 Pa. Code § 92a.2)

Non-Stormwater Discharges means discharges that do not originate from storm events. They can include, but are not limited to, discharges of process water, air conditioner condensate, non-contact cooling water, pavement wash water, external building washdown, irrigation water, or uncontaminated ground water or spring water.

Oil and Grease means the parameter that is quantified using EPA Test Method 1664, Revision A: N-Hexane Extractable Material (HEM; Oil and Grease) and Silica Gel Treated N-Hexane Extractable Material (SGT-HEM;

Non-polar Material) by Extraction and Gravimetric.

Person means any individual, public or private corporation, partnership, association, municipality or political subdivision of this Commonwealth, institution, authority, firm, trust, estate, receiver, guardian, personal representative, successor, joint venture, joint stock company, fiduciary; department, agency or instrumentality of State, Federal or local government, or an agent or employee thereof; or any other legal entity.

(25 Pa. Code § 92a.2)

Petroleum Products means gasoline, diesel fuel, aviation fuel, fuel oils, additives, petroleum lubricants, solvents, asphalts, and related materials which are stored, used, or handled on-site.

Point Source (Outfall) means a discernible, confined and discrete conveyance, including, but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, Concentrated Aquatic Animal Production (CAAP) facility, Concentrated Animal Feeding Operation (CAFO), landfill leachate collection system, or vessel or other floating craft, from which pollutants are or may be discharged.

(25 Pa. Code §§ 92a.2, 92a.3(b)(1) and 40 CFR § 122.2)

Pollutant means a contaminant or other alteration of the physical, chemical, biological or adiological integrity of surface water that causes or has the potential to cause pollution as defined in Section 1 of the State Act (35 P.S. § 691.1). (25 Pa. Code §§ 92a.2, 92a.3(b)(1) and 40 CFR § 122.2)

Representative Outfall means a point source selected by the permittee or DEP to represent the quality of stormwater for pollutant monitoring purposes because its drainage area characteristics are substantially identical in nature to the drainage area(s) of other point source(s) at the facility or site.

Severe Property Damage means substantial physical damage to property, damage to the treatment facilities that causes them to become inoperable, or substantial and permanent loss of natural resources 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. (25 Pa. Code §§ 92a.3(c), 92a.41(a) and 40 CFR § 122.41(m)(1)(ii))

Stormwater means the runoff from precipitation, snow melt runoff, and surface runoff and drainage.

(25 Pa. Code § 92a.2 and 40 CFR § 122.26(b)(13))

Stormwater Associated With Industrial Activity means the discharge from any conveyance that is used for collecting and conveying stormwater and that is directly related to manufacturing, processing, or raw materials storage areas at an industrial plant, and as defined at 40 CFR §§ 122.26(b)(14) (i) - (ix) and (xi).

(25 Pa. Code § 92a.2)

Surface Waters means perennial and intermittent streams, rivers, lakes, reservoirs, ponds, wetlands, springs, natural seeps and estuaries, excluding water at facilities approved for wastewater treatment such as wastewater treatment impoundments, cooling water ponds and constructed wetlands used as part of a wastewater treatment process. (25 Pa. Code § 92a.2)

Tank Bottom Water means water that accumulates at the bottom of petroleum product storage tanks as a result of either condensate from the stored product or precipitation/infiltration around the roof cover perimeter seals and roof drains of storage tanks.

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Total Dissolved Solids means the total dissolved (filterable) solids as determined by use of the method specified in 40 CFR Part 136.

Total Maximum Daily Load (TMDL) means the sum of individual waste load allocations for point sources, load allocations for nonpoint sources and natural quality and a margin of safety expressed in terms of mass per time, toxicity or other appropriate measures. (25 Pa. Code § 96.1)

Toxic Pollutant means those pollutants, or combinations of pollutants, including disease-causing agents, which after discharge and upon exposure, ingestion, inhalation or assimilation into any organism, either directly from the environment or indirectly by ingestion through food chains may, on the basis of information available to DEP cause death, disease, behavioral abnormalities, cancer, genetic mutations, physiological malfunctions, including malfunctions in reproduction, or physical deformations in these organisms or their offspring.

(25 Pa. Code § 92a.2)

Wasteload Allocation (WLA) means the portion of a surface water’s loading capacity that is allocated to existing and future point source discharges. (25 Pa. Code § 96.1)

III. SELF-MONITORING, REPORTING AND RECORDKEEPING

A. Representative Sampling and Recordkeeping

1. The permittee shall take representative samples and measurements to monitor compliance with this permit. (25 Pa. Code §§ 92a.3(c), 92a.41(a), 92a.61(e) and 40 CFR § 122.41(j)(1))

2. Records Retention (25 Pa. Code §§ 92a.3(c), 92a.41(a), 92a.61(f)(2) and 40 CFR § 122.41(j)(2))

The permittee shall retain all records of monitoring activities and results, copies of all reports required by this permit, and records of all data used to complete the application for this permit for 3 years from the date of the sample measurement, report or application, unless a longer retention period is required by the permit. The permittee shall retain records beyond the 3-year period as requested by DEP or the EPA Regional Administrator.

3. Recording of Results (25 Pa. Code §§ 92a.3(c), 92a.41(a), 92a.61(f)(1) and 40 CFR § 122.41(j)(3))

For each measurement or sample taken pursuant to the requirements of this permit, the permittee shall record the following information:

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

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

c. The date(s) the analyses were performed.

d. The person(s) who performed the analyses.

e. The analytical techniques or methods used; and the associated detection level.

f. The results of such analyses.

4. Test Procedures

a. The permittee shall use facilities in compliance with laboratory accreditation requirements of The Environmental Laboratory Accreditation Act (27 Pa. C.S. §§ 4101-4113) and 25 Pa. Code Chapter 252 (relating to environmental laboratory accreditation) to test or analyze samples used to demonstrate compliance with this permit. (25 Pa. Code § 92a.61(b))

b. Test procedures (methods) for the analysis of pollutants or pollutant parameters shall be those approved under 40 CFR Part 136 or required under 40 CFR Chapter I, Subchapters N or O, unless the method is specified in this permit or has been otherwise approved in writing by DEP.

(25 Pa. Code §§ 92a.3(c), 92a.41(a), 92a.44 and 40 CFR §§ 122.41(j)(4), 122.44(i)(1)(iv))

c. Test procedures (methods) for the analysis of pollutants or pollutant parameters shall be sufficiently sensitive. A method is sufficiently sensitive when 1) the method minimum level is at or below the level of the effluent limit established in the permit for the measured pollutant or pollutant

- 10 -parameter; or 2) the method has the lowest minimum level of the analytical methods approved under 40 CFR Part 136 or required under 40 CFR Chapter I, Subchapters N or O, for the measured pollutant or pollutant parameter; or 3) the method is specified in this permit or has been otherwise approved in writing by DEP for the measured pollutant or pollutant parameter.

Permittees have the option of providing matrix or sample-specific minimum levels rather than the published levels. (25 Pa. Code §§ 92a.3(c), 92a.44 and 40 CFR § 122.44(i)(1)(iv))

5. Quality/Assurance/Control

In an effort to assure accurate self-monitoring analyses results:

a. The permittee shall participate in, or shall use a laboratory that agrees to participate in, periodic scheduled quality assurance inspections conducted by DEP or EPA. (25 Pa. Code §§ 92a.3(c), 92a.41(a), 92a.61(i) and 40 CFR §§ 122.41(e), 122.41(i)(3))

b. The permittee shall develop and implement, or shall use a laboratory that has developed and implemented a program to assure the quality and accurateness of the analyses performed to satisfy the requirements of this permit, in accordance with 40 CFR Part 136.

(25 Pa. Code §§ 92a.3(c), 92a.41(a), 92a.61(i) and 40 CFR § 122.41(j)(4))

B. Reporting of Monitoring Results

1. The permittee shall effectively monitor the operation and efficiency of all treatment and control facilities, as applicable, and the quantity and quality of the discharge(s) as specified in this permit.

(25 Pa. Code §§ 92a.3(c), 92a.41(a), 92a.44, 92a.61(i) and 40 CFR §§ 122.41(e), 122.44(i)(1))

2. The permittee shall use DEP’s electronic Discharge Monitoring Report (eDMR) system to report the results of compliance monitoring. Existing permittees (as of the effective date of this General Permit) that are not using the eDMR system shall submit the necessary registration and trading partner agreement forms to DEP’s Bureau of Clean Water (BCW) by December 21, 2016, and begin using the eDMR system when notified by DEP BCW to do so. New permittees that are not using the eDMR system shall submit the necessary registration and trading partner agreement forms to DEP BCW within 30 days following approval of coverage under this General Permit and begin using the eDMR system when notified by DEP BCW to do so. During the interim period between submission of the registration and trading partner agreement forms to DEP and DEP’s notification to begin using the eDMR system, the permittee shall mail a physical copy of a DMR form to the DEP regional office that approved coverage under this General Permit using the appropriate appendix-specific DMR form (3850-PM-BCW0083g). (25 Pa. Code §§ 92a.3(c), 92a.41(a), 92a.61(g) and 40 CFR § 122.41(l)(4))

4. DMRs must be completed in accordance with DEP’s published DMR instructions

(3800-FM-BPNPSM0463). DMRs must be received by DEP no later than 28 days following the end of the monitoring period. A separate DMR is required for each representative discharge point (outfall).

DEP’s Supplemental Laboratory Accreditation Form (3800-FM-BPNPSM0189) must be completed and submitted to DEP with the first DMR following approval of coverage under this General Permit, and anytime thereafter when changes to laboratories or methods occur. (25 Pa. Code §§ 92a.3(c), 92a.41(a), 92a.61(g) and 40 CFR § 122.41(l)(4))

5. DMRs are based on calendar reporting periods and must be received by the DEP office that approved coverage under this General Permit in accordance with the following schedule:

- Semiannual DMRs must be received within 28 days following the end of each calendar semiannual period, i.e., January 28 for the period July 1 – December 31 and July 28 for the period January 1 – June 30.

- Annual DMRs must be received within 28 days following the end of each calendar year, i.e., January 28 for the period January 1 – December 31.

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6. Completed DMRs and all other reports, applications, and information submitted to DEP shall be signed and certified by the following person, as applicable:

- For a corporation – By the president, vice president, secretary or treasurer of the corporation, or an authorized representative, if the representative is responsible for the overall operation of the facility from which the discharge described in the NPDES form originates.

- For a partnership or sole proprietorship - By a general partner or the proprietor, respectively.

- For a municipality, state, federal or other public agency - By a principal executive officer or ranking elected official.

If signed by a person other than the above, written notification of delegation of signatory authority shall be submitted to DEP in advance of, or along with, the DMR. (25 Pa. Code §§ 92a.3(c), 92a.22 and

40 CFR § 122.22)

7. If the permittee monitors any pollutant at monitoring points as designated by this permit, using analytical methods described in Part A III.A.4. herein, more frequently than the permit requires, the results of this monitoring shall be incorporated, as appropriate, into the calculations used to report self-monitoring data on the DMR. (25 Pa. Code §§ 92a.3(c), 92a.41(a), 92a.61(g) and 40 CFR § 122.41(l)(4)(ii))

C. Reporting Requirements and NOI Fee

1. Annual Report – The permittee shall submit a complete Annual Report to the DEP office that issued the approval of General Permit coverage by May 1 each year using DEP’s PAG-03 Annual Report template, 3850-PM-BCW0083h. The Annual Report shall address activities under the General Permit for the previous calendar year. The permittee shall submit the Annual Report electronically if notified by DEP in writing. If the permittee discharges to a municipal separate storm sewer system (MS4), a copy of the Annual Report shall be submitted to the operator of the MS4. (25 Pa. Code § 92a.61(g))

2. Planned Changes to Physical Facilities – The permittee shall give notice to DEP as soon as possible but no later than 30 days prior to planned physical alterations or additions to the permitted facility. A permit application, or other written submission to DEP, can be used to satisfy the notification requirements of this section.

Notice is required when:

a. The alteration or addition to a permitted facility may meet one of the criteria for determining whether a facility is a new source in 40 CFR § 122.29(b). (25 Pa. Code §§ 92a.3(c), 92a.41(a) and 40 CFR § 122.41(l)(1)(i))

b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants which are not subject to effluent limitations in this permit (25 Pa. Code §§ 92a.3(c), 92a.41(a) and 40 CFR § 122.41(l)(1)(ii)). For stormwater discharges, this may include the establishment of:

(i) New impervious surfaces.

(ii) New bulk chemicals or solid wastes that are exposed to precipitation or stormwater runoff.

(iii) An alteration to the site that would allow stormwater from off-site to flow onto the site.

c. The planned change may result in non-compliance with permit requirements.

(25 Pa. Code §§ 92a.3(c), 92a.41(a) and 40 CFR § 122.41(l)(2))

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3. Unanticipated Non-Compliance or Potential Pollution Reporting

a. Immediate Reporting - The permittee shall immediately report any incident causing or threatening pollution in accordance with the requirements of 25 Pa. Code §§ 91.33 and 92a.41(b).

(i) If, because of an accident, other activity or incident a toxic substance or another substance is discharged which would endanger users downstream from the discharge, or would otherwise result in pollution or create a danger of pollution or would damage property, the permittee shall immediately notify DEP by telephone of the location and nature of the danger. Oral notification to DEP is required as soon as possible, but no later than 4 hours after the permittee becomes aware of the incident causing or threatening pollution. If the discharge is to an MS4, notification shall also be provided to the operator of the MS4 in accordance with this paragraph. Visit DEP’s website, www.dep.pa.gov (select Regional Resources) for DEP regional office emergency phone numbers.

(ii) If reasonably possible to do so, the permittee shall immediately notify downstream users of the waters of the Commonwealth to which the substance was discharged. Such notice shall include the location and nature of the danger.

(iii) The permittee shall immediately take or cause to be taken steps necessary to prevent injury to property and downstream users of the waters from pollution or a danger of pollution and, in addition, within 15 days from the incident, shall remove the residual substances from the ground and from the affected waters of this Commonwealth to the extent required by applicable law.

b. The permittee shall report any non-compliance which may endanger human health or the environment (25 Pa. Code §§ 92a.3(c), 92a.41(a) and 40 CFR §§ 122.41(l)(6), 122.44(g)). These requirements include the following obligations:

(i) 24 Hour Reporting - The permittee shall orally report any non-compliance with this permit which may endanger health or the environment within 24 hours from the time the permittee becomes aware of the circumstances. The permittee shall include the following information when reporting under this paragraph:

(1) Any unanticipated bypass which exceeds any effluent limitation in the permit;

(2) Any upset which exceeds any effluent limitation in the permit; and

(3) Violation of the maximum daily discharge limitation for any of the pollutants listed in the permit as being subject to the 24-hour reporting requirement.

(ii) Written Report - The permittee shall submit a written report to DEP within 5 days of the time the permittee becomes aware of any non-compliance which may endanger human health or the environment, unless DEP has advised the permittee in writing that this requirement has been waived. The permittee shall provide in the report a description of the non-compliance and its cause; the period of non-compliance, including exact dates and times, and if the non-compliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the non-compliance.

(iii) Waiver of Written Report - DEP may waive the written report on a case-by-case basis if the associated oral report has been received within 24 hours from the time the permittee becomes aware of the circumstances which may endanger human health or the environment. Unless such a waiver is granted by DEP in writing, the permittee shall submit a written report in accordance with this paragraph. (40 CFR § 122.41(l)(6)(iii))

4. Other Non-Compliance

In addition to the reporting requirements in paragraphs B. and C., the permittee shall report to DEP all other instances of non-compliance, including non-compliance with specific requirements of compliance http://www.dep.pa.gov/

- 13 -schedules, at the time DMRs are submitted, on the Non-Compliance Reporting Form (3800-FM-BPNPSM0440). The permittee shall provide the information listed in paragraph C.3.b.(ii) of this section for applicable instances of non-compliance. (25 Pa. Code §§ 92a.3(c), 92a.41(a) and 40 CFR § 122.41(l)(7))

5. Annual NOI Fee

a. By May 1 of each year, the permittee shall submit a check or money order for $500 payable to the

“Commonwealth of Pennsylvania” for the annual installment of the NOI fee.

(25 Pa. Code § 92a.26(g))

b. The permittee shall submit the NOI fee to the following address:

PA Department of Environmental Protection Bureau of Clean Water Rachel Carson State Office Building 400 Market Street, PO Box 8466 Harrisburg, PA 17105-8466

c. The annual installment of the NOI fee is not required if the permittee advises DEP in writing by the date the payment is due that all stormwater discharges associated with industrial activity have been or will be terminated as of that date. The annual installment of the NOI fee is required in all other circumstances.

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PART B

STANDARD CONDITIONS

I. MANAGEMENT REQUIREMENTS

A. Compliance

The permittee shall comply with all conditions of this General Permit. Any permit non-compliance constitutes a violation of the Clean Water Act and is grounds for enforcement action, for permit termination, revocation and reissuance, or modification, or denial of a permit renewal application.

(25 Pa. Code §§ 92a.3(c), 92a.41(a) and 40 CFR § 122.41(a))

B. Permit Modification, Termination, or Revocation and Reissuance

1. DEP may modify, terminate or revoke and reissue this General Permit during its term.

(25 Pa. Code §§ 92a.3, 92a.41(a), 92a.72 – 92a.75 and 40 CFR § 122.41(f))

2. The filing of a request by the permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated non-compliance, does not stay any permit condition. (25 Pa. Code §§ 92a.3, 92a.41(a) and 40 CFR § 122.41(f))

3. In the absence of DEP action to modify or revoke and reissue this General Permit, the permittee shall comply with effluent standards or prohibitions established under Section 307(a) of the Clean Water Act for toxic pollutants within the time specified in the regulations that establish those standards or prohibitions. (25 Pa. Code §§ 92a.3(c), 92a.41(a) and 40 CFR § 122.41(a)(1))

C. Duty to Provide Information

1. The permittee shall furnish to DEP, within a reasonable time, any information which DEP may request to determine whether cause exists for modifying, revoking and reissuing, or terminating coverage under this General Permit, or to determine compliance with this General Permit.

(25 Pa. Code §§ 92a.3(c), 92a.41(a) and 40 CFR § 122.41(h))

2. The permittee shall furnish to DEP, upon request, copies of records required to be kept by this General

Permit. (25 Pa. Code §§ 92a.3(c), 92a.41(a) and 40 CFR § 122.41(h))

3. Other Information – Where the permittee becomes aware that it failed to submit any relevant facts in an NOI, or submitted incorrect information in an NOI or in any report to DEP, it shall promptly submit the correct and complete facts or information. (25 Pa. Code §§ 92a.3(c), 92a.41(a) and 40 CFR § 122.41(l)(8))

D. Proper Operation and Maintenance

The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances), including BMPs that are installed or used by the permittee to achieve compliance with the terms and conditions of this General Permit. Proper operation and maintenance includes, but is not limited to, adequate laboratory controls such as appropriate quality assurance procedures. The permittee shall properly operate and maintain backup or auxiliary facilities or similar systems installed by the permittee, as necessary to achieve compliance with the terms and conditions of this General Permit. (25 Pa. Code §§ 92a.3(c), 92a.41(a) and 40 CFR § 122.41(e))

E. Duty to Mitigate

The permittee shall take all reasonable steps to minimize or prevent any discharge, sludge use or disposal in violation of this permit that has a reasonable likelihood of adversely affecting human health or the environment. (25 Pa. Code §§ 92a.3(c), 92a.41(a) and 40 CFR § 122.41(d))

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F. Bypassing

1. Bypassing Not Exceeding Permit Limitations - The permittee may allow a bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions in paragraphs F.2, F.3 and F.4 of this section. (25 Pa. Code §§ 92a.3(c), 92a.41(a) and 40 CFR § 122.41(m)(2))

2. Other Bypassing - In all other situations, bypassing is prohibited and DEP may take enforcement action against the permittee for bypass unless:

a. A bypass is unavoidable to prevent loss of life, personal injury or “severe property damage.”

(25 Pa. Code §§ 92a.3(c), 92a.41(a) and 40 CFR § 122.41(m)(4)(i)(A))

b. No feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime are available.

This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance. (25 Pa. Code §§ 92a.3(c), 92a.41(a) and 40 CFR § 122.41(m)(4)(i)(B))

c. The permittee submitted the necessary notice required in paragraph F.4 of this section below.

(25 Pa. Code §§ 92a.3(c), 92a.41(a) and 40 CFR § 122.41(m)(4)(i)(C))

3. DEP may approve an anticipated bypass, after considering its adverse effects, if DEP determines that it will meet the conditions listed in F.2. of this section. (25 Pa. Code §§ 92a.3(c), 92a.41(a) and 40 CFR 122.41(m)(4)(ii))

4. Notice

a. Anticipated Bypass – If the permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible, at least 10 days before the bypass. (25 Pa. Code §§ 92a.3(c), 92a.41(a) and 40 CFR § 122.41(m)(3)(i))

b. Unanticipated Bypass – The permittee shall submit oral notice of any other unanticipated bypass within 24 hours, regardless of whether the bypass may endanger human health or the environment or whether the bypass exceeds effluent limitations. The notice shall be in accordance with Part A III.C.3.b. (25 Pa. Code §§ 92a.3(c), 92a.41(a) and 40 CFR § 122.41(m)(3)(ii))

II. PENALTIES AND LIABILITY

A. Violations of Permit Conditions

DEP may take an enforcement action to restrain violations, to impose criminal or civil penalties, to withhold a permit, or to seek other remedies or relief as authorized by the Clean Streams Law against a permittee that violates any condition or limitation of this General Permit, or any rule, regulation or order issued by DEP pursuant to the Clean Streams Law.

In addition, EPA may take an enforcement action to restrain violations, to impose criminal or civil penalties, or to seek other remedies or relief as authorized by the Clean Water Act against a permittee that violates any condition or limitation of this General Permit, or any rule, regulation or order issued by EPA pursuant to the Clean Water Act.

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B. Falsifying Information

The permittee or any person who engages in the conduct described below may, upon conviction, be punished by a fine and/or imprisonment pursuant to 18 Pa.C.S. § 4904, or 40 CFR 122.41(j)(5) or (k)(2).

(25 Pa. Code §§ 92a.3(c), 92a.41(c))

- Falsifies, tampers with, or knowingly renders…