Exhibit 1 - Permit MIG580000.pdf

PERMIT NO. MIG580000

STATE OF MICHIGAN

DEPARTMENT OF ENVIRONMENTAL QUALITY

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM

WASTEWATER DISCHARGE GENERAL PERMIT

WASTEWATER STABILIZATION LAGOON EFFLUENT

In compliance with the provisions of the Federal Clean Water Act, 33 U.S.C., Section 12 51 et seq., as ame nded (CWA); Part 31, Water Resources Protection, of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended (NREPA); Part 41, Sewerage Systems, of the NR EPA; and Michigan Execu tive Order 2011-1, wastewater that is associated with stabi lization lagoon effluent that is authorized to be d ischarged from facilities specified in individual “Ce rtificates of Coverage” (COC) in accordance with effluent limitations, monitoring requirements and other conditions set forth in this general National Pollutant Discharge Elimination System (NPDES) permit (the “permit”).

The applicability of this permit shall b e limited to seasonal (sp ring/fall) discharges of sanitary or municipal wastewater that: (1) have be en adequately treated by a wastewater stabilization lagoon; (2) are not subject to the industrial pretreatment program requirements under the NR EPA and R 323.2301 thro ugh R 323.2317 of the Michigan Administrative C ode (Part 23 Rules); and (3) ha ve been determined by the Michigan D epartment of Environmental Quality (Department) not to need an individual permit. Aerobic lagoons, both mechanically aerated a nd non-mechanically aerated, which discharge treated sanitary wastewater, are included. The lagoon system shall: (1) meet accepted d esign criteria as de termined by the Department; and (2 ) comply with secondary treatment standards for lagoon systems in Part I.A.1. of this permit and other requirements and limitations stated herein as specified in the COC. Discharges that may cause or con tribute to a violation of a water quality standard (WQS) are not authorized by this permit.

In order to constitute a valid a uthorization to disch arge, this permit must be accompanied by a COC issued by the Department. The COC will sp ecify which sections of the General Permi t apply at the i ndividual facility, including if the Groundwater Monitoring for Lagoon Exfiltration/Leakage, Additional Fina l Effluent Limitation for Total Phosphorus, and/or Residuals Management Program for La nd Application of Biosolids for New or Approved Programs.

Unless specified otherwise, all contact with the Department required by this permit shall be to the positio n(s) indicated in the COC.

This permit takes effect on April 1, 2019. The provisions of this permit are severable. After notice and opportunity for a hearing, this pe rmit may be modified, suspended, or revoked in whole or in part during its term in accordance with applicable laws and rules.

This permit shall expire at midnight on April 1, 2024.

Issued: January 29, 2019

Original signed by Christine Alexander Christine Alexander, Manager Permits Section Water Resources Division

PERMIT NO. MIG580000 Page 2 of 33

PERMIT FEE REQUIREMENTS

In accordance with Section 324.3120 of the NREPA, the permittee sh all make payment of an annual permit fee to the Department for each October 1 the permit is in effect regardless of the occurrence of discharge.

The permittee shall submit the fee in response to the Dep artment's annual notice. The fee shall b e postmarked b y January 15 for notices mailed b y December 1. The fee i s due no later than 45 days after receiving the notice for notices mailed after December 1.

In accordance with Section 324.3132 of the NREPA, the permittee sh all make payment of an annual biosolids land a pplication fee to the Dep artment if the permittee l and applies biosolids. In response to the Department's annual notice, the permittee sh all submit the fee, which shall be postmarked no later than January 31 of each year.

CONTESTED CASE INFORMATION

The terms and conditions of this permit shall apply to an individual facility on the effective date of a COC for the facility. Any person who i s aggrieved by this permit may file a sw orn petition with the Michigan Administrative Hearing System wi thin the Michigan D epartment of Licensing and Regulatory Affairs, c/o the Michigan Department of Environmental Quality, setting forth the conditions of the permi t which are being challenged and specifying the grounds for the challenge. The Department of Licensing and Re gulatory Affairs may reject any petition fil ed more than 60 days after issuance a s being untimely.

Maximum Limits for Maximum Limits for Quantity or Loading Quality or Concentration Monitoring

Parameter Monthly 7-Day Daily Units Monthly 7-Day Daily Units Frequency Flow (report) --- (report) MGD --- --- --- --- Daily

Biochemical Oxygen Demand (BOD5) --- --- --- --- 30 45 (report) mg/l see d. below Total Suspended Solids (TSS) March – May --- --- --- --- 70 100 (report) mg/l see d. below October – December --- --- --- --- 40 45 (report) mg/l see d. below

Ammonia Nitrogen (as N) --- --- --- --- (report) --- (report) mg/l see d. below

Total Phosphorus (as P) --- --- --- --- (report) --- (report) mg/l see d. below cts/Fecal Coliform Bacteria --- --- --- --- 200 400 (report) 100 ml see d. below Minimum

Daily pH --- --- --- --- 6.5 --- 10 S.U. see d. below

Dissolved Oxygen --- --- --- --- 5.0 --- --- mg/l Daily

Sample Type

Report Total Daily Flow

Composite

Composite Composite

Composite

Composite

Grab

Grab

Grab

PERMIT NO. MIG580000 Page 3 of 33

PART I

Section A. Final Effluent Limitations and Monitoring Requirements

1. Final Effluent Limitations During the period beginning on the effective date of an individual COC under this permit, and lasting until the expiration of this permit or termination of the individual COC, the permittee is authorized to discharge treated sanitary wa stewater to the su rface waters of the state of Michig an. Effluent shall be discharged during hi gh-flow conditions in the spring and/or fall o f each year. There sh all be no discharge from June 1 to September 30 and from January 1 to February 28 /29 (see b. below). In addition, there shall be no discharge during periods of significant ice cover on the receiving stream unless authorized by the Department. Such discharge shall be limited a nd monitored by the pe rmittee as specified below.

a. Narrative Stan dard The receiving water shall contain no turbidity, color, oil films, floating so lids, foams, settleable solids, or deposits as a re sult of this di scharge in unnatural quantities which are or may become in jurious to any designated use.

b. Acceptable Discharge Pe riods If the D epartment determines that discharge periods of shorter duration than March 1 through May 31 and/or October 1 through December 31 are ne cessary to protect water quality, the reduced di scharge periods will be stated in the COC. Upon approval by the Upper Peninsula District Supervisor, the sp ring discharge period may be e xtended to April 1 through Ju ne 21 for facilities located i n the U pper Peninsula.

c. Discharges Outside of Acceptable Di scharge Periods For discharges outside the acceptable discharge periods, the permittee shall notify the Department of the potential n oncompliance prior to discharge, as required by Part I.A.7. of this permit.

PERMIT NO. MIG580000 Page 4 of 33

PART I

Section A. Final Effluent Limitations and Monitoring Requirements

d. Discharge Management

The discharge is to b e managed consistent with all of the following re quirements:

1) Cell Isol ation - The permittee shall iso late a cell from cells receiving untreated san itary wastewater at least two we eks in advance of a prop osed discharge. There sh all be no discharge to the surface waters from unisolated cells.

2) Pre-Discharge Sampling - The pe rmittee shall sample the iso lated cell for BOD5, Total Suspended Solids, Ammonia Nitrogen, Total Phosphorus, Fecal Coliform Bacteria, and p H no more than two weeks in a dvance of a proposed discharge. Samples shall be drawn from a po int approximately five feet from the edge of the cell and one (1) foot beneath the water surface. All samples shall be grab samples. If more than two weeks will pass prior to the beginning of an actual discharge, additional pre-discharge samples shall be obtained, analyzed, and re ported to the Department prior to discharge.

3) Discharge Approval R equired - The permittee sha ll notify and receive ap proval from the appropriate District Supervisor or staff authorized to a ct on hi s/her behalf prior to disch arge of any effluent for each discharge event. The permittee shall sup ply the results of all pre-discharge effluent samples and the results of a Dissolved Oxygen sa mple taken no more than 24 ho urs prior to notification.

4) Discharge Duration - Mul tiple discharge events are authorized i n the sp ring and/or fall of each year in accordance with Part I.A.1.b. of this permit and the foll owing provision. Discharge e vent duration shall n ot exceed 10 days within a 14 -day period. The discharge may be continuous or intermittent during the event. After the discharge event is ended, the permittee shall wait a minimum of seven calendar days prior to initiating a new discharge event.

5) Discharge Sampling Frequency - Flow and Dissolved Oxygen shall b e measured daily during discharge. All other parameters shall b e measured the first day and every other day during discharge, including the last day of discharge. The Department may approve alternate sampling freq uencies that are demonstrated to b e representative of the discharge.

6) Discharge Sample Type and L ocation - The sampling for BOD 5, Total Suspended So lids, Total Phosphorus, and Ammonia Nitrogen shall be 3-p ortion composite samp les or 24-hour comp osite samples of the effluent. The sampling for Dissolved Oxygen, Fecal Coliform Bacteria, and pH shall be grab samp les of the e ffluent.

e. Discharge Monitoring Reports Monthly Di scharge Monitoring Reports (DMRs) sha ll be submitted for the months of October, November, December, March, April, May, and June whether or no t there ha s been a discharge. Upper Peninsula facilities authorized under Part I.A.1.b. of this permit shall also submit a mon thly DMR for any approved discharge event. Daily DMRs shall be submitted only during months a discharge occurred.

f. Security Fencing The lagoon shall be enclosed by security fencing. The fencing sha ll include g ates wide enough to accommodate mowing machinery. All gates shall be locked to p revent unauthorized access. Metal warning signs shall be posted on the fencing. Lagoon systems that utilize sophisticated mech anical equipment should con sider more secure fenci ng and access control.

g. Water Treatment Additives This permit does not authorize the discharge of water treatment additives without approval. Approval of water treatment additives is authorized un der separate correspondence. Water treatment additives include any material that is added to w ater used at the facility or to a w astewater generated by the facility to condition or treat the wa ter. In the event a permittee proposes to discharge wa ter treatment additives, including an increased di scharge concentration of a previously ap proved water treatment additive, the permittee shall submit a request for approval in accordance with Part I.A.6. of this permit.

h. Construction Approval This permit does not authorize the construction or modification of any physical structure s of the wastewater treatment facility. The permittee sh all receive any required approval of plans and specifications from the a ppropriate De partment before commencing construction of the wastewater treatment facility necessary for compliance with this permit.

Maximum Limits for Maximum Limits for

Parameter Quantity or Loading Quality or Concentration Monitoring

Monthly 7-Day Daily Units Monthly 7-Day Daily Units Frequency Sample Type

Total Phosphorus (as P) --- --- --- --- 1.0 --- (report) mg/l see Part I.A.d.5 above

Composite

PERMIT NO. MIG580000 Page 5 of 33

PART I

Section A. Final Effluent Limitations and Monitoring Requirements

2. Additional Final Effluent Limitation for Total Phosphorus If the D epartment determines it is necessary to co ntrol total phosphorus discharges to protect downstream water quality, the discharge shall be l imited and monitored by the permittee as specified below. Such determination will be indicated in the COC.

3. Facility Operation and Maintenance The permittee shall comply with the inspection, operation, and ma intenance pro gram requirements specified below. An alternate facility operations program may be approved by the Department.

a. Lagoon Inspection The permittee shall inspect the lagoon facilities three times weekly year-round unless otherwise authorized by the Department. These inspections shall include all of the following:

1) The lagoon dikes for vegetative growth, erosion, slumping, animal burrowing or breakthrough, and condition of the lagoon l iner.

2) The lagoon for growth of aquatic plants, offensive odors, insect infestations, scum, floating sludge, and septic conditions.

3) The depth of the water in each cel l and the freeboard.

4) The drain pi pe to ensure there is no discharge.

5) The control structures and p ump stations to assure that valves, gates, and alarms are se t correctly and p roperly functioning.

6) The lagoon security fence and warning signs.

7) Analysis for Dissolved Oxygen in each lagoon cell at least once weekly, except when the lagoons are ice covered. The data shall b e kept as retained self-monitoring. See Part II.C.3. of this permit.

The permittee shall initiate steps to correct any condition that is no t in acco rdance with the facility maintenance program outlined in Part I.A.3.b. of this permit. A record of the inspections shall be maintained by the permittee for a period o f three (3) yea rs.

PERMIT NO. MIG580000 Page 6 of 33

Section A. Final Effluent Limitations and Monitoring Requirements

b. Facility Maintenance

The permittee shall implement a Facility Maintenance Program that incorporates all of the follow ing management practices unless otherwise authorized by the Department:

1) Vegetation shall be maintained at a height not more than six (6) inches above the ground on lagoon dikes and aro und the fencing.

2) At all times, the facility shall be maintained to prevent the negative effects of floating ma terial and/or water perimeter emergent rooted aq uatic plants on Dissolved Oxygen concentrations, treatment efficiency, nuisance organisms, offensive od ors, or other measurable i mpacts.

However, in no case, even without demonstrated impact, shall the floating material and/or water perimeter emergent rooted aquatic plants exceed forty (40) percent cover.

3) Dike damage due to erosion or animal burrowing shall be corrected immediately and steps taken to prevent occurrences in the future.

4) The integrity of the lagoon liner shall b e protected. Liner damages shall be corrected immediately and steps taken to prevent future occurrences.

5) The occurrence of scum, floating sludge, offensive odors, insect infestations, and septic conditions shall be minimized.

6) A schedule for the in spection and maintenance of the collection system, lift stations, mechanical and electrical systems, transfer stations, and control structures shall be de veloped an d implemented.

c. Lagoon Drawdown Conditions The permittee shall observe all of the follow ing conditions when drawing down a cell for transfer or discharge, unless otherwise authorized by the De partment:

1) Water discharged shall be removed from the surface two fee t of the cell at a rate of less than one (1) foot per day.

2) The permittee shall maintain a minimum of two (2) feet of freeboard in all cells at all times.

3) The permittee shall maintain a minimum of two (2) feet of water in al l cells at all times.

4. Groundwater Monitoring for Lagoon Exfiltration/Leakage This condition is required if specified in the COC. The intent of this requirement is to demonstrate that lagoons have not impacted, and a re not likely to impact, surface waters and/or groundwaters of the state i n accordance with Part 31 of the N REPA; specifically, Part 4, Water Qual ity Standards (Part 4 Rules), and R 323.2222 of Part 22, Groundwater Quality Administrative Rules (Part 22 Rules). Information that may be/ha s been co nsidered by the De partment in making this determination includes but is not limited to: the d ate of lagoon construction; construction design methods and materials including whether liner specifications meet R 323.2237 of the Part 22 Rules or provide equivalency as allowed in R 323.2237; and i ndications of the presence of a d irect vent to surface waters and whether such vent complies with surface w ater quality standards.

To ensure that leakage from lagoons to surface waters and/or groundwaters of the state is not causing unacceptable impacts, all of the following conditions shall apply unless previously satisfied:

a. The permittee shall install groundwater monitoring wells around the perimeter of the lagoons to document both groundwater water quality impacts and gro undwater flow. A plan for the monitori ng wells shall b e submitted to the D epartment for approval within 90 days of notification by the De partment.

Within 90 days of approval of the plan, unless the Department approves an extended period (no t to exceed 1 80 days), the groundwater monitoring wells shall be installed.

PERMIT NO. MIG580000 Page 7 of 33

Section A. Final Effluent Limitations and Monitoring Requirements

b. The permittee shall submit a groundwater monitoring pl an to the D epartment for approval within 90 days of the effective date of this permit. This groundwater monitoring plan may be sub mitted as part of the monitoring well work plan. The monitoring plan shall include monitoring of the groundwater elevation and the following parameters: total phosphorus, dissolved phosphorus, total inorganic nitrogen, sodium, chloride, pH, and specific conductance. Monitoring shall be conducted quarterly until the permittee is notified b y the De partment that the mo nitoring can end or be reduced.

c. The permittee shall begin implementation of the monitoring plan within 9 0 days of approval of the monitoring plan, or upon i nstallation of the monitori ng well, whichever occurs last. The result of the monitoring shall be submitted to the Dep artment quarterly.

d. Upon w ritten notification by the Department that unacceptable leakage is impacting surface waters and/or groundwater, the permittee shall develop a work plan to address the leakage. Within 6 mo nths of such notification, the p ermittee shall submit an ap provable la goon leakage remediation work plan to the Department. The purpose of the wo rk plan is to control exfiltration from the lago on treatment system.

The study shall include remediation methods, procedures, time schedules, and staff, as appropri ate.

e. The permittee shall begin implementation of the lagoon leakage reme diation work plan within 30 days of approval of the w ork plan.

f. The permittee shall complete implementation of the lagoon leakage remediation work plan and submit an approvable final re port with supporting da ta to the Dep artment on or before within one year of approval of the w ork plan. The final report shall i nclude a plan and schedule for con tinued maintenance and monitoring of the lagoon trea tment system.

Based on the resu lts of groundwater monitoring, the Department may require the p ermittee to obtain an individual permit, as described under Part I.A.13. of this pe rmit, to address compliance w ith R.323.2222 or surface water quality standards.

5. Quantification Levels and Analytical Methods for Selected Parameters Quantification levels (QLs) are specified for selected parameters in the table below. These QLs shall be considered the maximum acceptable unless a higher QL is appropriate because of sample matrix in terference.

Justification for hi gher QLs shall be submitted to the Depa rtment within 30 days of such determination. Where necessary to help ensure that the QLs specified can be ach ieved, analytical methods may also be specified in the table below. The sa mpling procedures, preservation and handling, and analytical protocol for all monitoring conducted in compliance with this permit, including monitoring co nducted to meet the requirements of the application for permit reissuance, shall be in accordance with the methods specified in the table below, or in accordance with Part II.B.2. of this permit if no method is specified in the tabl e below, unless an alternate method is approved by the Department. With the exception of total mercury, all units are i n ug/l. The table is continued on the following page:

Parameter QL Units Analytical Method 1,2-Diphenylhydrazine (as Azobenzene) 3.0 ug/l 2,4,6-Trichlorophenol 5.0 ug/l 2,4-Dinitrophenol 19 ug/l 3,3’-Dichlorobenzidine 1.5 ug/l EPA Method 605 4-Chloro-3-Methylphenol 7.0 ug/l 4,4’-DDD 0.05 ug/l EPA Method 608 4,4’-DDE 0.01 ug/l EPA Method 608 4,4’-DDT 0.01 ug/l EPA Method 608 Acrylonitrile 1.0 ug/l Aldrin 0.01 ug/l EPA Method 608 Alpha-Hexachlorocyclohexane 0.01 ug/l EPA Method 608 Antimony, Total 1 ug/l

Parameter QL Units Analytical Method Arsenic, Total 1 ug/l Barium, Total 5 ug/l Benzidine 0.1 ug/l EPA Method 605

Beryllium, Total 1 ug/l Beta-Hexachlorocyclohexane 0.01 ug/l EPA Method 608 Bis (2-Chloroethyl) Ether 1.0 ug/l Bis (2-Ethylhexyl) Phthalate 5.0 ug/l Boron, Total 20 ug/l Cadmium, Total 0.2 ug/l Chlordane 0.01 ug/l EPA Method 608 Chloride 1.0 mg/l Chromium, Hexavalent 5 ug/l Chromium, Total 10 ug/l Copper, Total 1 ug/l Cyanide, Available 2 ug/l EPA Method OIA 1677 Cyanide, Total 5 ug/l Delta-Hexachlorocyclohexane 0.01 ug/l EPA Method 608 Dieldrin 0.01 ug/l EPA Method 608

Di-N-Butyl Phthalate 9.0 ug/l Endosulfan I 0.01 ug/l EPA Method 608 Endosulfan II 0.01 ug/l EPA Method 608 Endosulfan Sulfate 0.01 ug/l EPA Method 608 Endrin 0.01 ug/l EPA Method 608

Endrin Aldehyde 0.01 ug/l EPA Method 608 Fluoranthene 1.0 ug/l Heptachlor 0.01 ug/l EPA Method 608 Heptachlor Epoxide 0.01 ug/l EPA Method 608 Hexachlorobenzene 0.01 ug/l EPA Method 612 Hexachlorobutadiene 0.01 ug/l EPA Method 612 Hexachlorocyclopentadiene 0.01 ug/l EPA Method 612 Hexachloroethane 5.0 ug/l Lead, Total 1 ug/l Lindane 0.01 ug/l EPA Method 608 Lithium, Total 10 ug/l Mercury, Total 0.5 ng/l EPA Method 1631E Nickel, Total 5 ug/l PCB-1016 0.1 ug/l EPA Method 608 PCB-1221 0.1 ug/l EPA Method 608 PCB-1232 0.1 ug/l EPA Method 608 PCB-1242 0.1 ug/l EPA Method 608 PCB-1248 0.1 ug/l EPA Method 608 PCB-1254 0.1 ug/l EPA Method 608 PCB-1260 0.1 ug/l EPA Method 608 Pentachlorophenol 1.8 ug/l

Perfluorooctane sulfonate (PFOS) 2.0 ng/l ASTM D7979 or an isotope dilution method (sometimes referred to as Method 537 modified)

Perfluorooctanoic acid (PFOA) 2.0 ng/l ASTM D7979 or an isotope dilution method (sometimes referred to as Method 537 modified)

PERMIT NO. MIG580000 Page 8 of 33

Section A. Final Effluent Limitations and Monitoring Requirements

PERMIT NO. MIG580000 Page 9 of 33

Section A. Final Effluent Limitations and Monitoring Requirements Parameter QL Units Analytical Method Phenanthrene 1.0 ug/l Phosphorus (as P), Total 10 ug/l Selenium, Total 1.0 ug/l Silver, Total 0.5 ug/l Strontium, Total 1000 ug/l Sulfate 2.0 mg/l Sulfides, Dissolved 20 ug/l Thallium, Total 1 ug/l Toxaphene 0.1 ug/l EPA Method 608 Vinyl Chloride 0.25 ug/l Zinc, Total 10 ug/l

6. Request for A pproval to Use Wate r Treatment Additives Prior to use of any water treatment additive, the permittee shall obtain wri tten a pproval from the Department.

Requests for such ap proval shall b e submitted via the Department’s MiWaters system. The MiWaters website is located at https://miwaters.deq.state.mi.us. Instructions for submitting such a request may be obtained at http://www.michigan.gov/deqnpdes (near the bottom of the p age, click on one or both of the links located under the Water Treatment Additives banner). Additional monitoring and reporting may be required as a condition for the approval to u se the w ater treatment additive.

A request for approval to use w ater treatment additives shall i nclude all o f the following usage a nd discharge information for each water treatment additive pro posed to be used:

a. The Safety Data Sheet (SDS).

b. Ingredient information, including the name of each i ngredient, Chemical Abstracts Service (CAS) number for each ingredient, and fractional content by weight for each ingredient.

c. The proposed water treatment additive discharge concentration with supporting ca lculations.

d. The discharge frequency (i.e., number of hours per day and number of days per year).

e. The outfall(s) and monitoring point(s) from wh ich the water treatment additive is to be discharged.

f. The type of removal treatment, if any, that the water treatment additive receives prior to di scharge.

g. The water treatment additive’s function (i.e., microbiocide, flocculant, etc.).

h. The SDS shall in clude a 48-hour LC50 or EC50 for a North Ameri can freshwater planktonic crustacean (either Ceriodaphnia sp., Daphnia sp ., or Simocephalus sp.). The results shall be based on the whole water treatment additive, shall not be results based on a si milar product, and sha ll not be estimated.

i. The SDS shall in clude the results of a toxicity test for one (1) other North American freshwater aquatic species (other than a planktonic crustacean) that meets a mi nimum requirement of R 3 23.1057(2) of the Water Quality Standards. The results shall b e based on the whole water treatment additive, shall no t be results based on a similar product, and shall not be estimated. Examples of tests that would meet this requirement include a 9 6-hour LC50 for rai nbow trout, bluegill, or fathead minnow.

http://www.michigan.gov/deqnpdes https://miwaters.deq.state.mi.us

PERMIT NO. MIG580000 Page 10 of 33

Section A. Final Effluent Limitations and Monitoring Requirements

7. Untreated or Partially Treated Sewage Discharge Reporting and Testing Requirements In accordance with Section 324.3112a of the NREPA, if untreated sewage, including sanitary sewer overflows (SSO) and combined sewer overflows (CSO), or partially treated sewage is directly or indirectly discharged from a sewer system onto land or into the waters of the state, the entity responsible for the sewer system shall immediately, but not more than 24 hours after the discharge begins, notify, by telephone, the Department, local health departments, a daily newspaper of general circulation in the county in which the permittee is located, and a daily newspaper of general circulation in the county or counties in which the municipalities whose waters may be affected by the discharge are located that the discharge is occurring.

The permittee shall also annually contact municipalities, including the superintendent of a public drinking water supply with potentially affected intakes, whose waters may be affected by the permittee's discharge of combined sewage, and if those municipalities wish to be notified in the same manner as specified above, the permittee shall provide such notification. Such notification shall also include a daily newspaper in the county of the affected municipality.

At the conclusion of the discharge, written notification shall be submitted in accordance with and on the “Report of Discharge Form” available via the internet at:https://miwaters.deq.state.mi.us/miwaters/external/home or, alternatively for combined sewer overflow discharges, in accordance with notification procedures approved by the Department.

In addition, in accordance with Section 324.3112a of the NREPA, each time a discharge of untreated sewage or partially treated sewage occurs, the permittee shall test the affected waters for Escherichia coli to assess the risk to the public health as a result of the discharge and shall provide the test results to the affected local county health departments and to the Department. The testing shall be done at locations specified by each affected local county health department but shall not exceed 10 tests for each separate discharge event. The affected local county health department may waive this testing requirement, if it determines that such testing is not needed to assess the risk to the public health as a result of the discharge event. The results of this testing shall be submitted with the written notification required above, or, if the results are not yet available, submit them as soon as they become available. This testing is not required, if the testing has been waived by the local health department, or if the discharge(s) did not affect surface waters.

Permittees accepting sanitary or municipal sewage from other sewage collection systems are encouraged to notify the owners of those systems of the above reporting and testing requirements.

PERMIT NO. MIG580000 Page 11 of 33

Section A. Final Effluent Limitations and Monitoring Requirements

8. Facility Contact The “Facility Contact” was specified in the application. The permittee may replace the facil ity contact at any time, and shall notify the De partment in writing within ten (10) days after replacement (including the na me, address and telephone number of the new facility contact).

a. The facility contact shall be (o r a d uly authorized re presentative of this person):

For a corporation, a p rincipal exe cutive officer of at least the level of vice president; or a designated representative if the re presentative is responsible for the overall operation of the facility from which the discharge originates, as described in the permit application or other NPDES form.

For a partnership, a g eneral partner.

For a sole proprietorship, the proprietor.

For a municipal, state, or other pu blic facility, either a principal executive officer, the mayor, village president, city or village manager, or other duly authorized employee.

b. A person is a duly authorized representative only if both of the following apply:

The authorization is made in writing to the De partment by a person described in paragraph a. of this section.

The authorization specifies either an individual or a position h aving responsibility for the overall operation of the re gulated facility or activity such as the po sition of plant manager, operator of a well or a well fie ld, superintendent, position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the facility (a dul y authorized representative may thus be either a named individual or any individual occupying a named po sition).

Nothing in this section releases the permittee from properly submitting reports and forms as required by law.

9. Monthly Operating Reports For wastewater treatment facilities that serve the pu blic, Part 41, Sewerage Systems, of the N REPA, specifically Section 324.4106 and associated R 299.2953, requires that the permittee file with the Department, on forms prescribed by the Department, operating reports showing the effectivene ss of the treatment facility operation and the quantity and q uality of liquid w astes discharged i nto waters of the state.

FOR ALL NEW DISCHARGERS:

Within 60 days prior to start-up of the treatment facility, the permittee shal l submit to the De partment a treatment facility monitoring program to meet this requirement. Upon approval by the D epartment the permittee shall implement the treatment facility monitoring program. Applicable forms and guidance are available on the Department’s web site at http://www.michigan.gov/deq/0,1607,7-135-3313_44117---,00.html. The permittee may use alternate forms if they are consistent with the ap proved treatment facility monitoring program. Unless the Department provides written notification to the pe rmittee that monthly submittal of operating reports is required, operating re ports that result from implementation of the approved treatment facility monitoring pro gram shall b e maintained o n site for a min imum of three (3) years and shall be made available to the Department for review u pon request.

FOR ALL EXISTING DISCHARGERS:

Within 30 days of the effective date of the COC, the p ermittee shall submit to the Department a treatmen t facility monitoring program to meet this requirement. Upon approval b y the De partment the permittee shall imp lement the treatment facility monitoring program. Applicable forms and guidance are available on the Department’s web site at http://www.michigan.gov/deq/0,1607,7-135-3313_44117---,00.html. The permittee may use a lternate forms if they are consistent with the approved treatment facility monitoring program. Unless the Department provides written notification to the permittee that monthl y submittal of operating reports is req uired, operating reports that result from implementation of the approved treatment facility monitoring program shall be maintained on site for a minimum of three (3) yea rs and shall be made available to the De partment for review upon req uest.

http://www.michigan.gov/deq/0,1607,7-135-3313_44117---,00.html http://www.michigan.gov/deq/0,1607,7-135-3313_44117---,00.html

PERMIT NO. MIG580000 Page 12 of 33

Section A. Final Effluent Limitations and Monitoring Requirements

10. Residuals Ma nagement Program (RMP) for Land Application of Biosolids: First RMP, including new uses (The individual COC indicates if applicable.)

A permittee seeking authorization to l and-apply bulk biosolids or prepare bu lk biosolids for la nd application shall develop and submit an RMP to the Department (see Pa rt I.A.10.e. of this permit) for ap proval. Effective upon Department approval of the permittee’s RMP, the permittee is authorized to land-apply bulk biosolids or prepare bulk biosolids for land a pplication i n accordance with the req uirements established in R 323.2401 through R

323.2418 of the Mi chigan Administrative Code (Part 24 Rules) which can be obtained via the internet (http://www.michigan.gov/deq/ and near the top of the screen cli ck on Water, Wastewater, Surface Water, t hen click on Biosolids & Industrial Pretreatment, Biosolids, then click on Biosolids Laws and R ules Information which is under the La ws & Rules banner in the ce nter of the screen). The permittee’s approved RMP, and an y approved modifications thereto, are e nforceable req uirements of this permit. Incineration, landfilling and other residual disposal activities shall be con ducted in accordance with Part II.D.7. of this permit.

a. RMP Approval and Implementation A permittee seeking approval o f an RMP sha ll submit the RMP to the D epartment (see Part I.A.10.e. of this permit) at least 180 da ys prior to the l and application of biosolids. The permittee ma y utilize the RMP Electronic Form which can be obtained via the internet (http://www.michigan.gov/biosolids then click on RMP Electronic Form which is under the Downloads banner in the center of the screen) or obtain d etailed requirements from the Department. The RMP shall become effective an d shall be implemented by the permittee upon written approval by the De partment.

b. Annual Report On or before October 30 of each year, the permittee shall submit an annual report to the De partment for the previous fiscal year of October 1 thro ugh September 30. The report shall b e submitted electronically via the Department’s MiWaters system at https://miwaters.deq.state.mi.us. At a mi nimum, the report shall co ntain:

1) A certification that current residuals management practices are in accordance with the approved RMP, or a proposal for modification to the approved R MP.

2) A completed Bi osolids Annual Report Form, available at https://miwaters.deq.state.mi.us.

c. Modifications to the Ap proved RMP

Prior to implementation of modifications to the RMP, the permittee shall submit proposed mod ifications to the Department (see Part I.A.10.e. of this permit) for approval. The approved modification shall become e ffective up on the date of approval. Upon w ritten notification, the Department may impose additional requirements and/or limitations to the ap proved RMP as necessary to protect public health and the environment from any adverse effect of a pollutant in the bi osolids.

d. Recordkeeping Records required by the Part 24 Rules shall be kept for a minimum of five years. However, the records documenting cumulative loading for sites sub ject to cumu lative pollutant loading ra tes shall be kept as long a s the site receives biosolids.

e. Contact Information RMP-related submittals shall be ma de to the D epartment.

https://miwaters.deq.state.mi.us https://miwaters.deq.state.mi.us http://www.michigan.gov/biosolids http://www.michigan.gov/deq

PERMIT NO. MIG580000 Page 13 of 33

Section A. Final Effluent Limitations and Monitoring Requirements

11. Residuals Ma nagement Program for Land Application of Biosolids:

APPROVED RMPs (The individual COC indicates if applicable.)

The permittee is authorized to land-apply bulk biosolids or prepare bulk biosolids for land application in accordance with the permittee’s approved RMP approved on the date specified in the COC and approved modifications thereto, in accordance w ith the re quirements established in R 323.2401 through R 323.2418 of the Michigan Administrative C ode (Part 24 Rules). The approved RMP, and any approved mo difications thereto, are enforceable requirements of this permit. Incineration, landfilling, and othe r residual disposal activities shall be conducted in accordance wi th Pa rt II.D.7. of this pe rmit. The Part 24 Rules can be obtained via the in ternet (http://www.michigan.gov/deq/ and near the top of the screen cli ck on Water, Wastewater, Surface Water, t hen click on Biosolids & Industrial Pretreatment, Biosolids, then click on Biosolids Laws and R ules Information which is under the La ws & Rules banner in the ce nter of the screen)

a. Annual Report On or before October 30 of each year, the permittee sha ll submit an annual report to the De partment for the previous fiscal year of October 1 thro ugh September 30. The report shall b e submitted electronically via the Department’s MiWaters system at https://miwaters.deq.state.mi.us. At a mi nimum, the report shall co ntain:

1) A certification that current residuals management practices are in accordance with the approved RMP, or a proposal for modification to the approved R MP.

2) A completed Bi osolids Annual Report Form, available at https://miwaters.deq.state.mi.us.

b. Modifications to the Ap proved RMP Prior to implementation of modifications to the RMP, the permittee shall submit proposed mod ifications to the Department (see Part I.A.11.d. for this permit) for approval. The approved modification shall become e ffective up on the date of approval. Upon w ritten notification, the Department may impose additional requirements and/or limitations to the ap proved RMP as necessary to protect public health and the environment from any adverse effect of a pollutant in the bi osolids.

c. Record R etention Records required by the Part 24 Rules shall be kept for a minimum of five years. However, the records documenting cumulative loading for sites sub ject to cumu lative pollutant loading ra tes shall be kept as long a s the site receives biosolids.

d. Contact Information RMP-related submittals shall be ma de to the D epartment.

12. Expiration and Reissuance On or before October 1, 2023, a permittee seeking continued authorization to di scharge under this pe rmit beyond the permit’s expiration date shall submit to the Department a written req uest containing su ch information, forms, and fees as required by the D epartment. Without an adequate request, a pe rmittee’s authorization to discharge will expire on April 1, 2024. With an adequate request, a permittee shall continue to be subject to the terms and conditions of the expired permit until the D epartment takes action on the request, unless this permit is terminated o r revoked.

If this permit is terminated or revoked, all authorizations to discharge under the permit shall expire on the date of termination or revocation.

If this permit is modified, the Department will notify the permittee of any required action. Without an adequate response, a p ermittee’s authorization to discharge will terminate on the effective date of the modified pe rmit.

With an adequate response, a permittee sha ll be subject to the terms and conditions of the mod ified permit on the effective date of the modified permit unless the Department notifies the pe rmittee otherwise.

If a d ischarge is terminated, the pe rmittee shall request termination of discharge au thorization.

http://www.michigan.gov/deq/

PERMIT NO. MIG580000 Page 14 of 33

Section A. Final Effluent Limitations and Monitoring Requirements

13. Requirement to Obtain Individual Permit The Department may req uire any person w ho is authorized to di scharge, by a COC and this permit, to apply for and obtain an individual NPDES permit if any of the following circumstances apply:

a. The discharger is a significant contributor to p ollution as de termined by the Department on a ca se-by-case basis.

b. The discharger is not complying or ha s not complied with the conditions of this permit.

c. A change h as occurred in the availability of demonstrated techn ology or practices for the control or abatement of waste ap plicable to the po int source discharge.

d. Effluent standards and limitations are pro mulgated for point source discharges subject to thi s permit.

e. The Department determines that the criteria under which the permit was issued no lo nger apply.

Any person may request the D epartment to take action pursuant to the provisions of Rule 2191 (R 32 3.2191 of the Michigan Administrative Co de).

14. Industrial Waste Pretreatment Program It is understood that the permittee does not receive the discharge o f any type or quantity of substance which may cause interference with the operation of the treatmen t works; and, therefore, the pe rmittee is not required to immediately develop an industrial p retreatment program in accordance with Section 307 o f the CWA. The permittee is req uired to comply with Section 3 07 of the C WA upon accepting any such d ischarge for treatment.

The permittee is required to notify the Department within thirty (30) da ys if any user discharges or proposes to discharge such wastes to the permittee for treatment.

Under no circumstances shall the pe rmittee allow introduction of the following w astes into the waste treatment system:

a. Pollutants which cause pass-through or interference.

b. Pollutants which create a fire hazard or exp losion hazard in the sewerage system, inclu ding, but not limited to wa ste streams wi th a cl osed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees Centigrade using the test methods specifie d in Title 40 of the Code of Federal Regulations (CFR), Section 261.21.

c. Pollutants which will cau se corrosive structural damage to the se werage system; but in no case, discharges with pH less than 5.0, unless the works is spe cifically designed to accommodate su ch discharges.

d. Solid o r viscous pollutants in a mounts which will cause obstruction to the flow in the sewerage system resulting in interference.

e. Any pollutant, including o xygen demanding pollutants (BOD, etc.) released in a d ischarge at a flow rate and/or pollutant concentration which will ca use interference wi th the treatmen t plant.

f. Heat in amounts which will in hibit biological activity in the treatment plant resulting in interference; but in no case, heat in such qu antities that the temperature at the treatment plant exceeds 40 d egrees Centigrade (104 degrees Fahrenheit) unless the Department, upon req uest of the permittee, approves alternate temp erature limits.

g. Pollutants which result in the presence of toxic ga ses, vapors or fumes within the sewerage system in a quantity that may cause acu te w orker health and sa fety problems.

PERMIT NO. MIG580000 Page 15 of 33

Section A. Final Effluent Limitations and Monitoring Requirements

h. Any trucked or hauled pollutants, except at discharge points designated by the permittee.

If information is gained by the Department that the permittee receives or is about to receive industrial wastes, then the permittee may be re quired to obtain an i ndividual permit (see Part I.A.13. of this permit).

15. Industrial Waste (for non-POTWs such as mobile home park s, campgrounds, nursing homes and marinas) Under no circumstances shall the pe rmittee allow introduction of waste into the sewerage system othe r than domestic sewage generated by the facility named on the COC.

PERMIT NO. MIG580000 Page 16 of 33

Part II may include terms and /or conditions not applicable to discharges covered under this permit.

Section A. Definitions Acute toxic unit (TU A) means 100/LC50 where the LC50 is determined from a wh ole effluent toxicity (WET) test which p roduces a result that is statistically or graphically estima ted to be l ethal to 50% of the test organisms.

Annual monitoring frequency refers to a ca lendar year beginning o n January 1 and ending on December 31.

When required by this permit, an analytical result, reading, value or observation shall be reported for that period if a discharge occurs during that period.

Authorized public agency means a state, local, or county agency that is designated pursuant to the pro visions of Section 9110 o f Part 91 of the NREPA to implement soil erosion and sedimentation co ntrol requirements with regard to con struction activities undertaken by that agency.

Best management practices (BMPs) means structural devices or nonstructural practices that are designed to prevent pollutants from entering into storm water, to direct the flow of storm water, or to treat polluted storm water.

Bioaccumulative chemical of concern (BCC) means a che mical which, upon entering the surface waters, by itself or as its toxic transformation product, accumulates in aquatic organisms by a human h ealth bioaccumulation factor of more than 10 00 after considering metabolism and o ther physiochemical properties that might enhance or inhibit bioaccumulation. The h uman health bioaccumulation factor shall be derived according to R 323.1057(5). Chemicals with ha lf-lives of less than eight (8) weeks in the water column, sediment, and biota are n ot BCCs. The minimum bioaccumulation concentration factor (BAF) information needed to de fine an organic chemical as a BCC is ei ther a field-measured BAF or a BAF derive d using the biota-sediment accumulation factor (BSAF) methodology. The minimum BAF informatio n needed to define a n inorganic chemical as a BCC, including an organometal, is either a field-measured BAF or a laboratory-measured bioconcentration factor (BCF). The BC Cs to wh ich these rules apply are identified in Tab le 5 of R 323.1057 of the Water Quality Standards.

Biosolids are the sol id, semisolid, or liquid residues generated du ring the treatment of sanitary sewage o r domestic sewage in a treatment works. This includes, but is no t limited to, scum or solids removed in primary, secondary, or advanced wastewater treatment processes and a derivative of the re moved scum or solids.

Bulk biosolids means biosolids that are not sold or given away in a bag or other con tainer for application to a lawn o r home garden.

Certificate of Covera ge (C OC) is a d ocument, issued by the Department, which authorizes a discharge under a general permit.

Chronic toxic unit (TU C) means 100/MATC or 100/IC25, where the maximum acceptable toxicant concentration (MATC) and IC25 are expressed as a percent effluent in the test medium.

Class B biosoli ds refers to materia l that has met the Class B pathogen reduction requirements or equivalent treatment by a Process to Significantly Reduce Pathogens (PSRP) in accordance w ith the Pa rt 24 Ru les.

Processes in clude aerobic digestion, composting, anaerobic digestion, lime stab ilization an d air drying.

Combined sewer system is a sew er system in which storm water runoff is combined w ith sanitary wastes.

PERMIT NO. MIG580000 Page 17 of 33

PART II

Section A. Definitions Daily concentration is the su m of the concentrations of the individual samples of a parameter divided by the number of samples taken during an y calendar day. The daily concentration will b e used to determine compliance with any maximum and minimum daily concentration li mitations (except for pH and dissolved oxygen). When required by the permit, report the maximum calculated daily concentration for the month in the “MAXIMUM” column under “QUALITY OR CONCENTRATION” on the Discharge Monitoring Reports (DMRs).

For pH, report the maximum value of any individual sample taken during the month in the “MAXIMUM” column under “QUALITY OR CONCENTRATION” on the DMRs and the minimum value of any individual sample taken during the month in the “MINIMUM” column under “QUALITY OR CONCENTRATION” on the DMRs. For dissolved oxygen, report the minimum concentration of any individual sample in the “MINIMUM” column under “QUALITY OR C ONCENTRATION” on the D MRs.

Daily loading is the total discharge b y weight of a parameter discharged during any calendar day. This value is calculated by multiplying the daily concentration by the total d aily flow and by the appropriate conversion factor.

The daily loading will be used to determine compliance w ith any maximum daily loading limitations. When required by the permit, report the maximum calculated daily loading for the month in the “MAXIMUM” column under “QUANTITY OR LOADING” on the DMRs.

Daily monitoring frequency refers to a 24-hour day. When req uired by this permit, an analytical result, reading, value, or observation shall be reported for that peri od if a discharge occurs during that period.

Department means the Michigan D epartment of Environmental Quality.

Detection level means the lowest concentration or amount of the target analyte that can be de termined to be different from zero by a single measurement at a stated level of prob ability.

Discharge means the a ddition of any waste, waste effluent, wastewater, pollutant, or any combination thereof to any surface…