B08_APPENDICES.pdf

D I S C H A R G E P E R M I T

N P D E S D i s c h a r g e

P e r m i t N u m b e r : M D 0 0 2 1 0 9 1

S t a t e D i s c h a r g e

P e r m i t N u m b e r : 1 4 - D P - 2 5 3 0

E f f e c t i v e

D a t e : 1 1 / 0 1 / 2 0 1 9

E x p i r a t i o n

D a t e : 1 0 / 3 1 / 2 0 2 4

M o d i f i c a t i o n

D a t e :

( N o t

A p p l i c a b l e )

R e a p p l i c a t i o n

D u e D a t e : 1 0 / 3 1 / 2 0 2 3

Pursuant to the provisions of Title 9 of the Environment Article, Annotated Code of Maryland, and regulations promulgated thereunder, and the provisions of the Clean Water Act, 33 U.S.C. Section 1251 et seq., and implementing regulations 40 CFR Parts 122, 123, 124 and 125, the Department of the Environment hereby establishes conditions and requirements pertinent to the wastewater treatment plant and collection system and authorizes:

U.S. Department of the Interior

National Park Service Assateague Island-National Seashore 7206 National Seashore Lane

Berlin, Maryland 21811

TO DISCHARGE FROM: Assateague Island-National Seashore Wastewater Treatment Plant

LOCATED AT: 7206 National Seashore Lane, Route 611

Berlin, Maryland 21811

THROUGH OUTFALL: 001A (WWTP Effluent) 002A (WWTP Effluent for Reuse)

TO: the Sinepuxent Bay, designated as Use II (shellfish harvesting) water which is protected for estuarine and marine aquatic life, and for shellfish harvesting;

in accordance with the following special and general conditions and a map incorporated herein and made a part hereof.

Permit No. 14-DP-2530 (NPDES MD0021091) Page No. 2 of 27

I . D E F I N I T I O N S

A. “Ambient temperature” of the effluent receiving stream means the water temperature that is not impacted by a point source discharge, and it shall be measured in areas of the stream representative of typical or average conditions of the stream segment in question.

B. “Bypass” means the intentional diversion of pollutants from any portion of a treatment or collection facility.

C. “BOD5 (Biochemical Oxygen Demand)” means the amount of oxygen consumed in a standard BOD5 test without the use of a nitrification inhibitor at 20 degree centigrade on an unfiltered sample.

D. “Clean Water Act” means the Federal Water Pollution Control Act, as amended, 33 U.S.C. Section 1251 et seq.

E. “CFR” means the Code of Federal Regulations.

F. “COMAR” means the Code of Maryland Regulations.

G. “Department” means the Maryland Department of the Environment (MDE).

H. Discharge Limits

1. “Daily maximum (or minimum)" limitation means the highest (or lowest) allowable the daily averages in a calendar month. The daily discharge expressed as concentration (in mg/l) shall be calculated by dividing total of measurement readings by number of sample collected during a calendar day or any 24-hour period that reasonably represents the calendar day for purposes of sampling. The daily discharge expressed as loading rate (in pounds/day) is calculated by using this formula {daily average concentration (mg/l) x the same day total flow (in million gallons) x 8.34}.

2. “Weekly average (maximum or minimum)" limitation means the highest or lowest allowable average of "daily discharges'' over a calendar week, calculated as the sum of all "daily discharges'' measured during a calendar week divided by the number of "daily discharges'' measured during that week. Each of the following 7-day periods is defined as a calendar week: Week 1 is Days 1 - 7 of the month;

Week 2 is Days 8 - 14; Week 3 is Days 15 - 21; and Week 4 is Days 22 - 28. For weekly average maximum, if the "daily discharge" on days 29, 30 or 31 exceeds the "weekly average" discharge limitation, MDE may elect to evaluate the last 7 days of the month as Week 4 instead of Days 22 - 28. For weekly average minimum, if the "daily discharge" on days 29, 30 or 31 is lower than the "weekly average" discharge limitation, MDE may elect to evaluate the last 7 days of the month as Week 4 instead of Days 22 - 28.

Permit No. 14-DP-2530 (NPDES MD0021091) Page No. 3 of 27

3. “Monthly average maximum (or minimum)” limitation means the highest (or lowest) allowable monthly average concentration or waste load of a parameter over a calendar month. The monthly average is calculated as the sum of all daily discharges for a parameter sampled and/or measured in that calendar month divided by the number of days on which monitoring was performed.

4. “Minimum or maximum” limit means the lowest or highest allowable value measured during a calendar day or any 24-hour period that reasonably represents the calendar day for purposes of sampling.

5. “Monthly loading rate (in pounds/month)” means the total load of a parameter calculated for that calendar month. It is calculated using this formula {(monthly average concentration in mg/l) x (Total monthly flow in Million Gallons) x 8.34}.

6. “Year-to-date cumulative load (pounds)” value means cumulative load of a pollutant in the effluent through each reporting month in a calendar year. It is calculated as a sum of the individual total monthly loads from January through the reporting month in a calendar year.

7. “Annual Maximum Loading Rate (in pounds/year)” limit means the maximum load allowed for a pollutant in the effluent to be discharged in a calendar year.

The Year-to-date cumulative load (as defined above in Definition I.H.6) shall be used to determine the compliance status of this requirement.

8. “Monthly log mean (Monthly geometric mean)” limit means the highest allowable value calculated as the logarithmic or geometric mean of all samples taken in the calendar month. The geometric mean is the antilogarithm of the mean of the logarithms.

I. Discharge Monitoring

1. “Composite sample” means a combination of individual samples obtained at hourly or smaller intervals over a time period. Either the volume of each individual sample is proportional to discharge flow rates or the sampling interval (for constant volume samples) is proportional to the flow rates over the time period used to produce the composite.

2. “Grab sample” means an individual sample collected over a period of time not exceeding 15 minutes.

3. “Estimated flow” value means a calculated volume or discharge rate which 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.

Permit No. 14-DP-2530 (NPDES MD0021091) Page No. 4 of 27

4. “Measured flow” value means any method of liquid volume measurement, the accuracy of which has been previously demonstrated in engineering practice, or for which a relationship to absolute volume has been obtained.

5. “Recorded flow” means any method of providing a permanent, continuous record of flow including, but not limited to, circular and strip charts.

6. “Monthly average flow” means the total flow for a calendar month divided by the number of days in the same month.

J. "i-s (immersion stabilization)" means a calibrated device immersed in the effluent or stream, as applicable, until the temperature reading is stabilized.

K. “NetDMR” means a nationally-available electronic reporting tool, initially designed by states and later adapted for national use by EPA, which can be used by NPDES-regulated facilities to submit discharge monitoring reports (DMRs) electronically to EPA through a secure Internet application over the National Environmental Information Exchange Network (NEIEN). EPA can then share this information with authorized states, tribes, and territories.

L. “NPDES (National Pollutant Discharge Elimination System)” means the national system for issuing permits as designated by the Clean Water Act.

M. “Nondetectable Level” for total residual chlorine means a residual concentration of less than 0.10 mg/l as determined using either the DPD titrimetric or chlorimetric method or an alternative method approved by the Department.

N. “Outfall” means the location where the effluent is discharged into the receiving waters.

O. “Overflow” means any loss of wastewater or discharge from a sanitary sewer system, combined sewer system or wastewater treatment plant bypass (as defined in I.B) which results in the direct or potential discharge of raw, partially treated wastewater into the waters of the State.

P. “Permittee” means an individual or organization holding the discharge permit issued by the Department.

Q. “POTW” means a publicly owned treatment works.

R. “Sampling Point” means the effluent sampling location in the outfall line(s) downstream from the last addition point or as otherwise specified.

S. “Sanitary Sewer Overflow (SSO)” means a discharge of untreated or partially treated sewage from a separate sewer system before the sanitary wastewater reaches the headworks of a wastewater treatment facility, pursuant to COMAR 26.08.10.01.

Permit No. 14-DP-2530 (NPDES MD0021091) Page No. 5 of 27

T. “Significant Industrial User (SIU)” is defined as any industrial user (IU) that:

1. is subject to national categorical standards; and

2. any other IU that:

a. discharges an average of 25,000 gallons per day or more of process wastewater (excluding sanitary, non-contact cooling and boiler blowdown wastewater); or

b. contributes a process wastestream that makes up 5% or more of the average dry weather hydraulic or organic capacity of the POTW; or

c. is designated as such by the POTW on the basis that the IU has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement; or

d. is found by the POTW, the Department, or the Environmental Protection Agency (EPA) to have significant impact either individually or in combination with other contributing industries to the POTW, on the quality of the sludge, the POTW's effluent quality, or air emissions generated by the system.

U. “TKN (Total Kjeldahl Nitrogen)” means organic nitrogen plus ammonia nitrogen.

V. “TSS (Total Suspended Solids)” means the residue retained on the filter by an analysis done in accordance with Standard Methods or other approved methods.

W. “Upset” means the 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.

Permit No. 14-DP-2530 (NPDES MD0021091) Page No. 6 of 27

I I . S P E C I A L C O N D I T I O N S

A. Effluent Limitations, Outfall 001A (1) (2) (3) (4)

The quality of the effluent discharged by the facility at a discharge point location (Outfall 001A) shall be limited at all times as shown below:

Effluent Characteristics

Maximum Effluent Limits

Monthly

Average Loading

Rate, Weekly

Average Loading Rate, Daily

Average Loading Rate, Monthly Average

Concentration, Weekly Average

Concentration, Daily Average

Concentration, Pounds/day Pounds/day Pounds/day mg/l mg/l mg/l

BOD5 1.0 1.5 N/A 10 15 N/A

TSS 1.0 1.5 N/A 10 15 N/A

Total Nitrogen as N 0.3 0.45 N/A 3 4.5 N/A

Total Phosphorus-P 0.03 0.045 N/A 0.3 0.45 N/A

Effluent Characteristics

Maximum Effluent Limits

Total Monthly

Loading Rate, Annual Maximum

Loading Rate, Growing Season

(5/1 – 10/31)

Loading Rate, Pounds/Month Pounds/Year mg/l

Total Phosphorus-P (4) REPORT 110 55

Total Nitrogen-N (4) REPORT 11 6

Effluent Characteristics

Effluent Limits

Maximum Minimum

Fecal Coliform 14 MPN/100 ml monthly median value N/A

Total Residual Chlorine (5) See footnote- 5 N/A pH 8.5 6.5

Dissolved Oxygen N/A 5.0 mg/l at anytime

An annual average flow of 0.012 million gallons per day (mgd) was used in waste allocation calculations (expressed as waste loading rate limit), and this unit shall be used when reporting on the Discharge Monitoring Report (DMR) as required by General Condition III.A.2. Notification is to be provided to the Department at least 180 days before the annual average flow is expected to exceed this flow level. If a permit modification is required, the Department will initiate the public participation NPDES process.

Permit No. 14-DP-2530 (NPDES MD0021091) Page No. 7 of 27

A. Effluent Limitations, Continued:

Footnotes for the effluent limitations, Outfall 001A:

(1) When this permit is renewed, the new limitations may not be equal to the above limitations.

(2) There shall be no discharge of floating solids or visible foam other than trace amounts.

(3) The permit may also be reopened in accordance with the requirements of MDE's Watershed Permitting Plan under which all discharge permits in a watershed are issued the same year.

(4) The Sinepuxent Bay is on the 303(d) list as the impaired waters for Fecal Coliform, Total Phosphorus (TP), Total Nitrogen (TN), and the benthic community due to unknown causes. A Total Maximum Daily Load (TMDL), approved by the EPA on 08/07/2014, allocated phosphorus limits of 6 lbs/growing season, 11 lbs/yr annual avg. and nitrogen limits of 55 lbs/growing season, 110 lbs/yr annual avg (based on 0.012 MGD plant flow) to this facility. The annual average and growing season maximum limits in the effluent limitations table are in conformance with this TMDL.

When TMDLs for other remaining parameters are completed, limits may be imposed, after the public participation process, to incorporate any TMDL requirements.

(5) Total residual chlorine limitation of the concentration to the nondetectable level shall be applicable, when chlorine or any chlorine-containing compound is used in any treatment process(es), including but not limited to disinfection, that could become a potential constituent of the effluent discharged from the Assateague Island-National Seashore WWTP. The wastewater shall be dechlorinated to reduce effluent total residual chlorine concentration to the nondetectable level (See definition I.M).

Permit No. 14-DP-2530 (NPDES MD0021091) Page No. 8 of 27

B. Effluent Reuse Limitations and Monitoring Requirements, Outfall 002A (a) (b)

At least 30 (thirty) days prior to commencement of effluent reuse operations of the facility, the permittee shall notify MDE’s Municipal Permits Division as well as the Compliance program in writing of intended use and provide a schematic of Outfall 002A with details (including latitude and longitude) which must be on the effluent reuse outfall pipe after chlorination. Beginning upon operation of the MDE-approved facility, the effluent quality at discharge point, Outfall 002A, shall be limited at all times as shown below. If the sampling point is other than the Outfall 002A, the permittee shall ensure that the effluent samples are representative of the effluent quality being discharged at Outfall 002A.

Parameter Class IV Water Quality

Limitation (c)

Sampling

Frequency

Sample Type

BOD5 10 mg/L (monthly average) Weekly 24-hour Composite

Turbidity 2 NTU (daily average) 5 NTU (max at any time)

Continuous Recorded

Fecal Coliform

2.2 MPN/100 mL (Monthly

Median Concentration)

Weekly Grab pH 6.5 – 8.5 Daily Grab

TRC (d)

1.5 mg/L minimum

4.0 mg/L maximum

Daily Grab

Footnotes for Effluent Reuse Limitations, Outfall 002A:

(a) This permit authorization does not relieve the permittee of its obligations to local or municipal authorities such as any applicable local plumbing codes, inspection and certification requirements.

(b) This permit may be reopened to implement requirements of any new regulations applicable to reclaimed water.

(c) The use of reclaimed water for toilet flushing shall be terminated if the water quality limitation is violated. The use of reclaimed water can be resumed once the water quality limitation can be steadily met.

(d) TRC shall be measured at the WWTP’s outlet (Outfall 002A) to discharge into the distribution system for water reuse.

Permit No. 14-DP-2530 (NPDES MD0021091) Page No. 9 of 27

C. Minimum Monitoring Requirements for Effluent Discharge at Outfall 001A:

The effluent characteristics listed below in Table C shall be monitored at the sampling point (Definition I.R). If the sampling point is other than the outfall- 001A, the permittee shall ensure that the effluent samples are representative of the effluent quality being discharged at the outfall- 001A.

Effluent Characteristics Monitoring Period Measurement Frequency Sample Type

BOD5

(6) All Year One per Week 24-hour composite

Total Suspended Solids (6) All Year One per Week 24-hour composite

Total Ammonia Nitrogen as N (6) (7) (8) All Year One per Week 24-hour composite

Total Phosphorus as P (6) (8) (9) All Year One per Week 24-hour composite

Total Nitrogen as N (6) (8) (9) All Year One per Week Calculated

(Nitrite + Nitrate) as N (6) (7) (8) All Year One per Week 24-hour composite

Organic Nitrogen as N (6) (7) (8) All Year One per Week 24-hour composite

Orthophosphate as P (6) (7) All Year One per Month 24-hour composite

Fecal Coliform (6) All Year One per Week Grab

Total Residual Chlorine (6) (10) All Year One per Day Grab

Dissolved Oxygen (6) All Year One per Day Grab pH (6) All Year One per Day Grab

Flow (6) (11) (12) All Year Continuous Recorded (12)

Total Flow (6) (13) All Year Monthly Calculated (13)

Footnotes for monitoring requirements:

(6) "STORET" (short for STOrage and RETrieval) is a widely-used repository for water quality data reporting and monitoring. The STORET codes for the effluent characteristics described as limitations and/or monitoring requirements are: BOD5 (00310), Total Suspended Solids (00530), Total Ammonia Nitrogen as N (00610), Total Phosphorus as P (00665), Total Nitrogen as N (00600), (Nitrite + Nitrate) as N (00630), Organic Nitrogen as N (00605), Orthophosphate as P (04175), Fecal Coliform (74055), Total Residual Chlorine (50060), Dissolved Oxygen (00300), pH (00400), Flow (50050), and Total flow (82220).

(7) This parameter (without effluent limitations) must be monitored, and it shall be reported on the Monthly Operating Report (MOR) as individual results and on the Discharge Monitoring Report as monthly average concentrations.

Permit No. 14-DP-2530 (NPDES MD0021091) Page No. 10 of 27

C. Minimum Monitoring Requirements, Continued:

Footnotes for monitoring requirements, continued:

(8) Total nitrogen as N (in mg/l) is a calculated parameter as the sum of individual results for total ammonia nitrogen as N, organic nitrogen as N and (nitrite + nitrate) as N. All the nitrogen species must be sampled on the same day.

(9) The permittee shall also calculate and report on the DMR the TN and TP total monthly loads (Definition I.H.5) plus year-to-date cumulative loads (Definition I.H.6) for the calendar year in question for the outfall- 001A.

For each calendar year beginning January 2019, the year-to-date cumulative loads of TN and TP for the month of December shall represent the total annual loads, and they must be incorporated toward complying with the respective annual maximum load limits. Refer to Special Condition II.H for “Reporting TN and TP total annual loads for compliance to the Concentration-based maximum annual loading rate limits”.

(10) The minimum level (quantification level) for total residual chlorine is 0.10 mg/l. The permittee may report all results below the minimum level as <0.10 mg/l. All results reported below the minimum level shall be considered in compliance.

(11) Flows shall be reported in millions gallons per day (mgd) to at least the nearest 10,000 gallons per day. (Example: A flow of 1,524,699 gallons per day shall be reported as 1.53 mgd.). For each calendar month, flows shall be reported on the MOR as daily individual results and on the DMR as monthly average (mgd) and daily maximum (mgd).

(12) Continuous electronic flow measurement and recording which can produce a permanent record are acceptable to the Department.

(13) “Total flow” is a calculated parameter equal to sum of the daily flow results in a calendar month.

It shall be reported on the monthly DMR as Total monthly flow in millions gallons (MG) to at least the nearest 10,000 gallons. (Example: A flow of 1,524,699 gallons shall be reported as

1.53 MG).

Permit No. 14-DP-2530 (NPDES MD0021091) Page No. 11 of 27

D. Influent Restrictions

1 The permittee is not authorized to receive the discharge of any type or quantity of substances which may cause interference with the operation of the treatment works. The permittee is required to notify the Pretreatment Section of the Department, in writing, prior to allowing:

a. Any new introduction of pollutants into the treatment works from an indirect discharger which would be subject to Section 301 or 306 of the Clean Water Act and COMAR 26.08.08 if it were directly discharging those pollutants; and

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

2 Adequate notice shall include information on (i) the quality, quantity and frequency of wastewater introduced into the treatment works, and (ii) any anticipated impact of the change on the quantity or quality of effluent to be discharged from the treatment works. The permittee shall also maintain an updated list of indirect dischargers which shall be available upon the request of the Department. Under no circumstances shall the permittee allow introduction of the following wastes into the waste treatment system:

a. Pollutants which cause pass through or interference;

b. Pollutants which create a fire hazard or explosion hazard in the sewerage system, including, but not limited to waste streams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees Centigrade using the test methods specified in 40 CFR 261.21;

c. Pollutants which will cause corrosive structural damage to the sewerage system; but in no case, discharges with pH less than 5.0, unless the works is specifically designed to accommodate such discharges;

d. Solid or viscous pollutants in amounts which will cause obstruction to the flow in the sewerage system resulting in interference;

e. Any pollutant, including oxygen demanding pollutants (BOD, etc.)

released in a discharge at a flow rate and/or pollutant concentration which will cause interference with the treatment plant;

f. Heat in amounts which will inhibit biological activity in the treatment plant resulting in interference; but in no case, heat in such quantities that the temperature at the treatment plant exceeds 90 degrees Fahrenheit (32 degrees Centigrade) unless the Pretreatment Section of the Department, upon request of the permittee, approves alternate temperature limits;

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g. Pollutants which result in the presence of toxic gases, vapors or fumes within the sewerage system in a quantity that may cause acute worker health and safety problems; and

h. Any trucked or hauled wastewater is prohibited, except for (1) domestic septage, (2) wastewater from within the collection system or within the wastewater treatment works due to blockage, breaks or malfunction in the system, (3) drinking water plant wastewater, or, (4) other sources specifically authorized by the Department. Prior to the acceptance of any trucked waste other than those listed in this section, the permittee must make an official written request and, if approved by the Department, must follow the conditions specified in permit requirements which may be modified or rescinded at the discretion of the Department for any reason.

E. Protection of Water Quality

It is a violation of this permit to discharge any substance not otherwise listed under the permit's "Effluent Limitations and Monitoring Requirements" special conditions at a level which would cause or contribute to any exceedance of the numerical water quality standards in COMAR 26.08.02.03 unless the level and the substance were disclosed in writing in the permit application prior to the issuance of the permit. If a discharge regulated by this permit causes or contributes to an exceedance of the water quality standards in COMAR 26.08.02.03, including but not limited to the general water quality standards, or if the discharge includes a pollutant that was not disclosed or addressed in the public record for the permit determination, the Department is authorized to modify, suspend or revoke this permit or take enforcement action to address unlawful discharges of pollutants.

F. Reapplication for a Permit

No later than 12 months prior to expiration, unless permission for a later date has been granted by the Department, the permittee shall submit a new application for a permit or notify the Department of the intent to cease discharging by the expiration date. In the event that a timely and complete reapplication has been submitted and the Department is unable, through no fault of the permittee, to issue a new permit before the expiration date of this permit, the terms and conditions of this permit continue and remain fully effective and enforceable. The renewal application is required by that date in accordance with the requirements of MDE's Watershed Permitting Plan under which all discharge permits in a watershed should be issued in the same year.

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G. Emergency Holding Pond

This facility shall incorporate a bypass control system, including a minimum 24-hour emergency holding facility, and shall provide for biocide residual control. Wastewater returned from the emergency pond to the head of the facility for full treatment does not require biocide residual control. These “Emergency Holding Pond” requirements shall be applicable for a new WWTP or for any future expansion and upgrades involving the change of design capacity, but does not apply to the current WWTP.

H. Reporting Nutrient Total Annual Loads to Comply with Concentration-based Annual Loading Rate Limits

The Permittee shall report the concentration-based (also known as Floating Cap) annual loading requirements for TN and TP on the December DMR designated “001A”. The permittee shall submit to the Department the Discharge Monitoring Report for the month of December with this designation. For each calendar year, the permittee shall calculate the growing season and annual concentration-based loads for TN and TP as per the footnote- 4 of the Special Condition II.A, and report these loadings along with the total annual cumulative flow on the December month DMR in accordance with the General Condition III.A.2.a of this discharge permit. If the Assateague Island-National Seashore WWTP discharges effluent at more than a single outfall, the total annual and growing season loads for TN and TP and total annual and growing season discharge flow shall be reported as a sum of the individual results from each outfall.

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I I I . G E N E R A L C O N D I T I O N S

A. Monitoring and Reporting

1. Representative Sampling

Samples and measurements shall be taken at times that are representative of the quantity and quality of the discharge, and at evenly spaced intervals.

2. Monthly Monitoring Results

a. Discharge Monitoring Reports

Monitoring results obtained during each calendar month shall be summarized and submitted electronically using the NetDMR tool.

Results shall be submitted to the Department via NetDMR no later than the 28th of the month following the end of the reporting month.

b. Monthly Operating Reports (MORs)

The permittee shall submit monthly operating reports on a form acceptable to the Compliance Program. For each calendar month, the permittee shall submit to the Department a signed original of the MOR as an attachment to Copy of Record (COR) via NetDMR in electronic format concurrently with the Discharge Monitoring Report submission postmarked no later than the 28th day of the month following the reporting month.

c. Toxic Chemical Reporting

Any data collected according to the Department’s "Toxic Pollutant Monitoring Protocol and Reporting Requirements for Toxic Chemical Testing Analytical Data" (09/18/2017) being submitted to the Department, either in fulfillment of Special Conditions II.B or pursuant to the toxic chemical testing requirement, pretreatment requirements or toxic metals or organic data collected on a voluntary basis, must be accompanied by laboratory data reports. At a minimum, these reports shall include, the name of the facility, the date(s) of sampling, beginning and ending sample time, place of sampling collection, the sample type (grab, composite, etc.), the sample description (influent or effluent), the preservation method, the analytical method used for each parameter, the analytical method detection limit, the date of analysis, the name of person performing the analysis, the analytical result, and the name and address of the laboratory performing the analyses. Chain-of-custody forms shall also be submitted.

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If the permittee prefers to submit hard copy of this information along with the supporting documentations instead of the electronic submission using NetDMR tool, they shall be submitted to:

Attention: Toxic Chemical Data WSA – Compliance Program

Maryland Department of the Environment 1800 Washington Boulevard, STE 420

Baltimore, Maryland 21230-1708

3. Sampling and Analysis Methods

Analytical and sampling methods shall conform to test procedures for the analysis of pollutants as identified in 40 CFR Part 136 - "Guidelines Establishing Test Procedures for the Analysis of Pollutants."

4. Analytical Laboratory

Within 30 days after the effective date of this permit, the permittee shall submit to the Department the name and address of the analytical laboratory (including the permittee's own laboratory) which is used to perform the monitoring required by this permit.

If the laboratory changes during the effective period of this permit, the permittee shall notify the Department of the new laboratory within 30 days after the change.

5. Monitoring Equipment Maintenance

a. The permittee shall calibrate and maintain all monitoring and analytical instrumentation to ensure accuracy of measurements.

b. Environment Article, Section 9-343 provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than six months per violation, or by both.

6. Recording of Results

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

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

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b. the person(s) who performed the sampling or measurement;

c. the dates analyses were performed;

d. the person(s) who performed each analysis;

e. the analytical techniques or methods used; and

f. the results of such analyses.

7. Additional Monitoring by Permittee

If the permittee monitors any pollutant at the location(s) designated herein more frequently than required by this permit, using approved analytical methods as specified above, the results of such monitoring shall be included in the calculation and reporting of the values required in the Discharge Monitoring Report. The increased frequency shall also be reported. The results of any other monitoring performed by the permittee shall be made available to the Department upon request.

8. Record Retention

All data used to complete the permit application and all records and information resulting from the monitoring activities required by this permit, including all records of sampling and analyses performed, calibration and maintenance of instrumentation, and recordings from continuous monitoring instruments, shall be retained for a minimum of three years. This period shall be extended automatically during the course of litigation or when requested by the Department.

B. General Requirements

1. Permit Noncompliance - Notification Requirements

All discharges authorized herein shall be consistent with the terms and conditions of this permit. If, for any reason, the permittee does not comply with or will be unable to comply with any permit condition, the permittee shall, within 24 hours, notify the Department by telephone at (410) 537-3510 during work hours or at (866) 633-4686 during evenings, weekends, and holidays. The permittee shall provide the Department with the following information in writing within five days of such oral notification.

a. a description of the noncomplying discharge including the name of the stream and the impact upon the receiving waters;

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b. cause of noncompliance;

c. the duration of the period of noncompliance and the anticipated time the condition of noncompliance is expected to continue;

d. steps taken by the permittee to reduce and eliminate the noncomplying discharge;

e. steps to be taken by the permittee to prevent recurrence of the condition of noncompliance;

f. a description of the accelerated or additional monitoring to determine the nature and impact of the noncomplying discharge; and

g. the results of the monitoring described in f. above.

2. Change in Discharge

The permittee shall report any anticipated facility expansions, production increases, or process modifications which will result in new, different or an increased discharge of pollutants by submitting a new application at least 180 days prior to the commencement of the changed discharge except that if the change only affects a listed pollutant and will not violate the effluent limitations specified in this permit, by providing written notice to the Department.

Following such notice, the permit may be modified by the Department to include new effluent limitations on those pollutants.

3. Facility Operation and Quality Control

All waste collection, control, treatment and disposal facilities shall be operated in a manner consistent with the following:

a. Facilities shall be operated efficiently to minimize upsets and discharges of excessive pollutants.

b. The permittee shall provide an adequate operating staff qualified to carry out operation, maintenance and testing functions required to ensure compliance with this permit. Superintendents and operators must be certified by the Board of Waterworks and Waste Systems Operators located at Montgomery Park Business Center, 1800 Washington Boulevard, STE- 410, Baltimore, Maryland 21230 in accordance with Title 12 of Environmental Article, Annotated Code of Maryland, and Section 26.06.01 of the COMAR.

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c. Facility maintenance work, which adversely affects or may adversely affect the discharge quality shall be scheduled during non-critical water quality periods.

4. Adverse Impact

The permittee shall take all reasonable steps to minimize any adverse impact to waters of this State, human health or the environment resulting from noncompliance with any effluent limitations specified in this permit, and must perform accelerated or additional monitoring as necessary to determine the nature and impact of the noncomplying discharge.

5. Bypassing

Any bypass of treatment facilities is prohibited unless the bypass does not cause any violations of the effluent limitations specified in Special Condition II.A, and is for essential maintenance to assure efficient operation, or unless the permittee can prove that:

a. the bypass is unavoidable to prevent loss of life, personal injury, or substantial physical damage to property, damage to the treatment facilities which would cause them to become inoperable, or substantial and permanent loss of natural resources; and

b. there are no feasible alternatives to the bypass; and

c. the Department receives notification pursuant to General Condition III.B.1 above. Where the need for a bypass is known (or should have been known) in advance, this notification shall be submitted to the Department for approval at least ten days before the date of the bypass or at the earliest possible date if the period of advance knowledge is less than ten days; and

d. the bypass is allowed under conditions approved by the Department to be necessary to minimize adverse effects.

6. Conditions Necessary for Demonstration of Upset

An upset shall constitute an affirmative defense to an action brought for noncompliance with technology-based effluent limitations only if the permittee demonstrates, through properly signed, contemporaneous operating logs, or other relevant evidence, that:

a. an upset occurred and that the permittee can identify the specific cause(s) of the upset;

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b. the permitted facility was at the time being operated in a prudent and workman-like manner and in compliance with proper operation and maintenance procedures;

c. the permittee submitted a 24-hour notification of upset in accordance with the reporting requirements of General Condition III.B.1 above;

d. the permittee submitted, within five calendar days of becoming aware of the upset, documentation to support and justify the upset; and

e. the permittee complied with any remedial measures required to minimize adverse impact.

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

7. Sewage Sludge Requirements

The permittee shall comply with all State and federal laws and regulations regarding Sewage Sludge Management, and with any regulations promulgated pursuant to Environment Article, Section 9-230 et seq. or to the Clean Water Act, Section 405 (d). A Sewage Sludge Utilization Permit is required for the collection, handling, burning, storage, treatment, land application, disposal, or transportation of sewage sludge, processed sewage sludge, or any product containing these materials in Maryland. If the sludge is hauled out of the State for disposal, a transportation permit must be obtained from the Department.

8. Power Failure

The permittee shall maintain compliance with the effluent limitations and all other terms and conditions of this permit in the event of a reduction, loss or failure of the primary source of power to the wastewater collection and treatment facilities.

9. Right of Entry

In accordance with 40 CFR §122.41(i), the permittee shall allow the Secretary of the Department, the Regional Administrator of the Environmental Protection Agency, and their authorized representatives (including an authorized contractor acting as a representative), upon presentation of credentials and other documents as required by the law, to:

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

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

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

d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location.

10 Property Rights/Compliance With Other Requirements

The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property, invasion of personal rights, or any infringement of federal, State or local laws or regulations.

11. Reports and Information

a. Upon request, the permittee shall provide to the Department, within a reasonable time, copies of records required to be kept by this permit.

The permittee shall also furnish to the Department, within a reasonable time, any information which the Department may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit; or to determine compliance with this permit.

b. All applications, reports or information submitted to the Department shall be signed and certified as required by COMAR 26.08.04.01 and 40

CFR 122.22.

c. Except for data determined to be confidential under COMAR 26.08.04.01, all data shall be available for public inspection at the Department and the Office of the Regional Administrator of the Environmental Protection Agency. Effluent data shall not be considered confidential.

d. Environment Article, Section 9-343 provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance, shall upon conviction be punished by a fine of not more than $10,000 or by imprisonment for not more than six months or by both.

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12. Transfer of Ownership or Control

In the event of any change in ownership or control of facilities from which the authorized discharge emanates, the permit may be transferred automatically to another person only if:

a. the current permittee notify the Department, in writing, of the proposed transfer at least 30 days prior to the proposed transfer date;

b. the notice includes a written agreement between the existing permittee and a new permittee containing the specific date of proposed transfer of permit coverage, and of responsibilities and liabilities under the permit;

and

c. neither the current permittee nor the new permittee receive notification from the Department, within 30 days of the Department's receipt of the agreement, of its intent to modify, revoke, reissue or terminate the existing permit. If this notice is not received, the transfer is effective on the date specified in the agreement mentioned in paragraph 12(b) above.

13. New Effluent Standards

This permit shall be revoked and reissued or modified to meet any effluent standard, water quality standard or prohibition established under the Environment Article, the Clean Water Act, or regulations promulgated thereto, and the permittee shall be so notified.

14. Industrial Users

The permittee shall require all industrial users of the wastewater treatment facility to comply with user charges as established by the permittee, pursuant to Section 9-326(a)(i) of the Environment Article.

15. Noncompliance

Nothing in this permit shall be construed to preclude the institution of any legal action for noncompliance with State, federal or local laws and regulations.

16. Oil and Hazardous Substance Liability

Nothing in this permit shall be construed to preclude the institution of any legal action against the permittee or to relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject under Section 311 of the Clean Water Act or under the Environment Article.

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17. Waterway Construction and Obstruction

The permit does not authorize the construction or placing of physical structures, facilities, debris, or the undertaking of related activities in any waters of this State including the 100 year flood plain.

18. Construction Permit

This permit is not a permit to construct. For a new facility, in order to make this permit valid, a construction permit shall be obtained to meet the requirements of COMAR 26.03.12.03(A) and Environment Article, Section 9-204(d).

19. Severability

If any provision of this permit shall be held invalid for any reason, the remaining provisions shall remain in full force and effect, and such invalid provisions shall be considered severed and deleted from this permit.

C. Wastewater Collection System

This permit shall not authorize discharges from the wastewater collection system for this facility.

1. Reporting Requirements

Pursuant to Environment Article Sub title 9-331.1, the permittee must report sanitary sewer overflows (SSOs) which result in the direct or potential discharge of raw or diluted sewage into the surface waters or ground waters of the State to the Water and Science Administration’s Compliance Program. Concurrently, the permittee shall also notify the local health department. Such reports must be made via telephone as soon as practicable, but no later than 24 hours after the time that the permittee became aware of the event. Reportable SSOs include, but are not limited to, overflows into the surface of the ground, into waterways, storm drains, ditches or other manmade or natural drainage conveyances to surface or ground waters which are reasonably likely to reach waters of the State. Overflows that are wholly contained within buildings and not likely to discharge to waterways need not be reported. Treatment plant bypasses shall be reported under General Condition III.B.1. Telephone reports shall be made to

(410) 537-3510 on weekdays between 8:00 a. m. and 5:00 p.m. After hours telephone notification shall be made to emergency response number at (866) 633-4686.

When the incident is reported to the Department, the following information needs to be included:

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a. the location of the overflow, including city or county,

b. the name of the receiving water, if applicable;

c. an estimate of the volume of sewage discharged;

d. a description of the sewer system or treatment plant component from which the overflow was released (such as manhole, crack in pipe, pumping station wet well or constructed overflow pipe);

e. an estimate of the overflow’s impact upon public health and to waters of the State;

f. the cause or suspected cause of the overflow;

g. the estimated date and time when the overflow began and stopped or the anticipated time the overflow is expected to continue;

h. if known at the time of reporting, the steps taken or planned to reduce, eliminate and prevent reoccurrence of the overflow and a schedule of major milestones for those steps; (if unknown at the time the telephone report is made, the steps must be included in the written reports submitted under general conditions III.C.2).

i. if known at the time of reporting, measures taken or planned to mitigate the adverse impact of the overflow and a schedule of major milestones for those steps (if unknown at the time the telephone report is made, the steps must be included in the written reports submitted under general conditions III.C.2); and

j. whether there has already been a notification to the public and other City or County Agencies or Departments and how notification was done.

2. Written Reports

Within 5 calendar days following telephone notification of the event, the permittee shall provide MDE with a written report regarding the incident that includes, at a minimum, the information cited above.

The permittee shall maintain copies of all overflow records and reports, work orders associated with investigation of overflows, a list and description of complaints from customers or others related to overflows (including backups of sewage in to houses or businesses), and documentation of performance and implementation measures for minimum period of three years and shall make this information available to MDE for review upon written request.

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This wastewater collection system provision may be superseded by a general permit for collection systems, when such a permit is issued by MDE and the permittee have been accepted for registration under the permit.

3. Other Requirements

The permittee, as directed by the State or local health department, shall also be responsible for posting notification in close proximity to the affected area/stream and for conducting appropriate water quality sampling as deemed necessary.

D. Permit Expiration, Modification, or Revocation

1. Expiration of Permit

This permit and the authorization to discharge shall expire at midnight on the expiration date of the permit unless the permittee has submitted a timely and complete reapplication pursuant to Section II.I.

2. [Reserved.]

3. Permit Modification - Request of Responsible Permittee

A permit may be modified by the Department upon the written request of the permittee and after notice and opportunity for a public hearing in accordance with the provisions set forth in COMAR 26.08.04.10.

4. Permit Modification, Suspension, Revocation - Violation of Laws

A permit may also be modified, suspended or revoked by the Department, in the event of a violation of the terms or conditions of the permit, or of State or federal laws and regulations and in accordance with the provisions set forth in COMAR 26.08.04.10. This permit may be suspended or revoked upon a final, unreviewable determination that the permittee lacks, or is in violation of, any federal, state, or local approval necessary to conduct the activities authorized by this permit.

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I V . C I V I L A N D C R I M I N A L P E N A L T I E S

A. Civil Penalties for Violations of Permit Conditions

In addition to civil penalties for violations of State water pollution control laws set forth in Section 9-342 of the Environment Article, Annotated Code of Maryland; the Permittee shall be subject to civil penalty set forth in 33 U.S.C. § 1319 (d) of the Clean Water Act as adjusted for inflation according to 40 CFR §19.4.

B. Criminal Penalties for Violations of Permit Conditions

In addition to criminal penalties for violations of State water pollution control laws set forth in Section 9-343 of the Environment Article, Annotated Code of Maryland, the Permittee shall be subject to criminal penalty set forth in 33 U.S.C. § 1319 (c).

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V . M A P S H O W I N G D I S C H A R G E P O I N T L O C A T I O N

Legend

MDE 8-Digit Watershed

02130104

SINEPUXENT BAY

SUB-BASIN 02-13-01-04

Assateague Island National Seashore WWTP - Outfall 001A 75°9'4"W, 38°14'47"N

Sources: Esri, HERE, Garmin, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN,…