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HomeMy WebLinkAbout1992-034 Discharge Permit - DEQId~,l{ 9 6 1992 CERTIFIED MAIL RETURI~ RECEIPT REOUESTED DEPARTMENT OF ENVIRONMENTAL QUALITY City of Ashland Department of Public Works Attention: Steven M. Hall, 20 East Main Street Ashland, OR 97520 Director Re: Waste Discharge Permit File No. 3780 Jackson County We have completed our review of your permit application and the comments received regarding the preliminary draft permit which was mailed to you for review on September 16, 1991. The NPDES permit has been issued and is enclosed along with a fully executed copy of the Stipulation and Final Order (SFO). This permit will be considered as the final action on permit application number 997809. If you are dissatisfied with the conditions or limitations of this permit, you have 20 days to request a hearing before the Environmental Quality Commission or its authorized representative. Any such request shall be made in writing to the Director and shall clearly state the grounds for the request. You are urged to carefully read the permit and take all possible steps to comply with the conditions established. If you have questions regarding the permit, please contact our Southwest Region at 776-6010. Sincerely, R. Taylor Administrator Water Quality Division dh Enclosure cc: U.S. Environmental Protection Agency Southwest Region, DEQ 811 SW Sixth Avenue Portland, OI4. 97204-1390 (503) 229-5696 TDD (503) 229-6993 [)lQ I Expiration Date: 12/31/94 Permit Number: 100862 File Number: 3780 Page 1 of 10 Pages NATIONAL POLLUTANT DISC~q~GE ELIM~INATION SYSTEM WASTE DISCHARGE PERMIT Department of Environmental Quality 811 S.W. Sixth Avenue Portland, OR 97204 Telephone: (503) 229-5696 Issued pursuant to ORS 468.740 and The Federal Clean Water Act ISSUED TO: City of Ashland 20 East Main Street Ashland, OR 97520 SOURCES COVERED BY THIS PERMIT: Outfall Outfall Type of Waste Number Location Domestic Sewage 001 R.M. 0.5 PLANT TYPE AND LO~ATION: RECEIVING SYSTEM INFORMATION: Activated Sludge, Mechanical 1/4 Mile Northwest of Nevada St., and Oak Street Ashland, Oregon Basin: Rogue Sub-Basin: Bear Creek Stream: Ashland Creek County: Jackson Treatment System Class: IV Hydro Code: 15B-ASH 0.5 D Collection System Class: III EPA REFERENCE NO: OR-002625-5 Issued in response to Application No. 997809 received August 27, 1991. Thi~ permit is issued based on the land use findings in the permit record. ~ydla R. Taylor, Administra~or Date PERMITTED ACTIVITIES Until this permit expires or is modified or revoked, the permittee is authorized to construct, install, modify, or operate a wastewater collection, treatment, control and disposal system and discharge to public waters adequately treated wastewaters only from the authorized discharge point or points established in Schedule A and only in conformance with all the requirements, limitations, and conditions set forth in the attached schedules as follows: Page Schedule A - Waste Disposal Limitations not to be Exceeded... 2 Schedule B - Minimum Monitoring and Reporting Requirements... 3-5 Schedule C - Compliance Conditions and Schedules ............. 6-8 Schedule D - Special Conditions .............................. 9-10 General Conditions ........................................... Attached Each other direct and indirect discharge to public waters is prohibited. This permit does not relieve the permittee from responsibility for compliance with any other applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or decree. File Number: 3780 Page 2 of 10 Pages Su~DULE A 1. Waste Discharge Limitations not to be Exceed-ed After Permit Ieeuance. a. Outfall Number 001 (Sewage Treatment Plant Discharge) (1) June i - October 31: Parameter a. BOD-5 b. TSS c. FC/100ml Average Effluent Monthly Weekly Daily Concentrations Average Average Maximum Monthly Weekly lb/day lb/day lbs 20 mg/l 30 mg/1 517 776 1034 20 mg/1 30 mg/1 517 776 1034 200 400 {2} November i - May 31: Average Effluent Monthly Weekly Daily Concentrations Average Average Maximum Parameter Monthly Weekly lb/day lb/day lbs a. BOD-5 30 mg/1 45 mg/1 776 1164 1552 b. TSS 30 mg/1 45 mg/1 776 1164 1552 c. FC/100ml 200 400 *Based on average dry weather design flow to the facility equaling 3.1 MGD. (3) Other parameters a. pM (year-round) b. BOD and TSS Removal Efficiency Shall be within the range 6.0 - 9.0 Shall not be less than 85% monthly average c. Total Chlorine Residual Shall not exceed a monthly average concentration of 0.008 mg/1 or a daily maximum concentration of 0.019 mg/1. (4) Not withstanding the effluent limitations established by this permit, no wastes shall be discharged and no activities shall be conducted which violate Water Quality Standards as adopted in OAR 340-41-365 except in the defined mixing zone: The allowable mixing zone shall not extend beyond that portion of the receiving stream between a point 10 feet upstream of the point of discharge to 300 feet below of the confluence of Ashland and Bear Creek. File Number: 3780 Page 3 of 10 Pages SCHEDULE B Minimum Monitorinq and Reportinq Requirements. (unless otherwise approved in writing by the Department) a. Influent Item or Parameter Minimum Frequency Type of Sample 8OD-5 2/week Composite TSS 2/week Composite pH 3/week Grab b. Outfall Number 001 Item or Parameter Minimum Frequency Type of Sample Total Flow (MGD) Daily Continuous Record BOD-5 2/week Composite TSS 2/week Composite pH 3/week Grab Fecal Coliform 2/week Grab Chlorine Residual Daily Grab Average Percent Removed Monthly Calculation (8OD and TSS) Temperature Daily Grab Nutrients: (effluent) NH-3-N NO2+NO3-N TKN, Total Phosphorus 1 time per week Composite 8iomonitoring (effluent)* 8ioassay of effluent from Outfall 001 once between May 1 and Oct. 31, and once between Nov. 1 and April 30, beginning May 1, 1992. Acute and chronic bioassay * NOTE: Until completion and start-up of the upgraded facilites required in Condition 2.a. of Schedule C, bioassay tests shall be conducted on dechlorinated samples. After start-up, bioassay tests shall be conducted on non-dechlorinated samples. File Number: 3780 Page 4 of 10 Pages c. Sludge Management Item or Parameter Sludge analysis including: Total solids (% dry wt.) Volatile solids (%dry wt.) volatile Suspended Solids (% dry wt.) Sludge nitrogen NH3-N; NO3-N; & TKN (% dry wt.) Sludge metals content for Pb; Zn; Cu; Ni; & Cd (mg/kg) Phosphorus (% dry wt.) Potassium (% dry wt.) pH (standard units) Record of % Volatile solids reduction accomplished through digestion Record of Sludge fecal coliform and fecal streptococci (enterococci) (per gram of volatile suspended solids) Quantity and type of lime product used to stabilize sludge (when required to meet federal Process to Significantly Reduce Pathogens (PSRP) regulations Record of locations where sludge is applied on land (site location map to be maintained at treatment facility for review upon request by DEQ) Notes: Minimum Frequency Semi-annually Monthly during any month when sludge is applied to land. Monthly during any month when sludge is applied to land. Each occurrence Each occurrence Type of Sample Composite sample to be representative of the product to be land applied from the digestion process (independent samples required from aerobic and anaerobic digestion processes) (See Note Calculation (See Note ~/) Composite samples representative of the product to be land applied from the digestion processes. (See Note ~/) Pounds/gallons of sludge land applied Date, volume & locations where sludges were applied recorded on site location map File Number: 3780 Page 5 of 10 Pages !/ Composite samples shall consist of at least 6 aliquots of equal volume collected over a 24 hour period and combined. 2/ Calculation of the % volatile solids reduction is to be based on comparison of a representative grab sample of total and volatile solids entering the anaerobic (primary solids) and aerobic (secondary solids) digesters and a representative composite sample of sludge solids exiting the digesters (as defined in note !/ above.) 3/ The composite samples shall consist of no less than 6 samples collected at equal intervals over a 24 hour period and apportioned according to the volume of flow at the time of sampling. Reportinq Procedure Ail state monitoring reports shall identify the name, certificate classification and grade level of each principal operator designated by the permittee as responsible for supervising the wastewater collection and treatment systems during the reporting period. Monitoring reports shall also identify each system classification as found on page one of this permit. bo Monitoring reports (DMRs) shall include a record of the location, quantity and method of use of all sludge removed from the treatment facility and a record of all applicable equipment breakdowns and bypassing. Compliance with this paragraph does not relieve the permittee from complying with General Conditions B.3, and/or D.5. Monitoring results shall be reported on approved forms. The reporting period is the calendar month. Reports must be submitted to the Department by the 15th day of the following month. File Number= 3780 Page 6 of 10 Pages Compliance Schedules and Conditions 1. Bioaesay. By no later than ninety days after issuance of this permit, the permittee shall submit proposed bioassay test procedures for the Department's review and approval. The proposal shall include at least the following= (1) Ail bioassay tests must be conducted on 24-hour composite samples of the dechlorlnated final effluent diluted by appropriate control water. (2) A chronic bioassay test conducted in 100%, 30%, 10%, 3%, and 1% of the final effluent and one control water sample using two species (one freshwater fish and one freshwater invertebrate) which are to be approved by the Department. (3) An acute bioassay test conducted in 100 percent of the final effluent using the same two species as in the chronic bioassay test. (Note: EPA is considering revised bioassay procedures that would allow acute toxicity results to be derived from chronic tests. If such a procedure is adopted by the EPA, the permittee may include its use in the submitted plan.) (4) Ail quality assurance criteria used shall be in accordance with Methods for Measurin~ the Acute Toxicity of Effluent to Freshwater and Marine Orqanisms, EPA/600/4-85/013, Short Term Methods for Estimatin~ the Chronic Toxicity of Effluent and receivinq Waters to Freshwater Guidelines. for Biological Testine, EPA-600/4- 89/001, Ouality Assurance Biblioqraphy, EPA-600/4-89-009, or as otherwise approved by the Department. Following agreement between the permittee and the Department on appropriate test procedures, beginning in May 1, 1992, the permittee shall initiate bioassay testing on dechlorinated final effluent from the chlorine contact chamber in accordance with Schedule B and the approved test procedures. Any change in bioassay test procedures must be approved by the Department. Co The bioassay tests shall be conducted once between May i and October 31 during low river flow conditions beginning in 1992, and once between November I and April 30 during high river flow conditions using the approved chronic and acute bioassay tests on the selected species. do Upon completion and start-up of the upgraded sewerage facilities required in condition 2.d. of Schedule C of this permit, bioassay tests shall be conducted on whole effluent samples. File Number: 3780 Page 7 of 10 Pages 2. Facility Plan Report, Dilution Analysis, and Chlorine Toxicity. mo By no later than September 1, 1992, the permittee shall submit to the Department a final facilities plan report (FPR) for providing upgraded and expanded wastewater treatment facilities as needed to meet TMDL waste load allocations for attaining water quality standards in Bear Creek, to comply with Oregon's water quality standard for chlorine residual and ammonia-nitrogen and to comply with state and federal sewage sludge management requirements. bo Should the FPR selected alternative include continuation of the discharge from existing Outfall 001 or another outfall to public waters, the FPR shall include an evaluation of the dispersion, mixing and dilution of effluent (dilution analysis) at the outfall. The purpose of the dilution analysis is to enable biomonitoring results on various effluent dilutions and effluent toxicity data to be related to actual mixing characteristics and available dilution. The dilution analysis shall also determine the ability of the discharge to comply with the water quality standards for total chlorine residual and a~onia-nitrogen. The dilution analysis and final submittal must comply with the following: (1) The dispersion, mixing and dilution determinations should be carried out through preferably a dye study or through an approved verified mathematical model. (2) Dispersion, mixing and dilution must be evaluated under the following combination of conditions: (a) River flow not exceeding the 7-day, ten year, summer low flow for the period of discharge proposed in the FPR. (b) At the average dry weather design flow for the facility as identified by the FPR. Co The permittee shall submit to the Department an annual report on the progress of the facility upgrades and improvements. The report shall be submitted by March 1 of each year. By no later than December 31, 1994, unless otherwise approved in writing by the Environmental Quality Commission, the permittee shall achieve compliance with the TMDL waste load allocations for Bear Creek. File Number: 3780 Page 8 of 10 Pages The permittee is expected to meet the compliance dates which have been established in this schedule. Either prior to or no later than 14 days following any lapsed compliance date, the permittee shall submit to the Department a notice of compliance or noncompliance with the established schedule. The Director may revise a schedule of compliance if he determines good and valid cause resulting from events over which the permittee has little or no control. File Number: 3780 Page 9 of 10 Pages Special Conditions SCHEDUL~ D The permittee shall implement the bioassay toxicity testing program specified in Schedules B and C of this permit. ao If any acute bioassay test indicates that the effluent sample is toxic, another bioassay test using the same species and the same methodology shall be conducted within two weeks. If the second test also indicates toxicity, the permittee shall follow the procedure described in section (c) of this permit condition. bo If a chronic bioassay test indicates that the effluent sample is toxic at the dilutions determined to occur at the edge of the mixing zone, or if there is no dilution data for the edge of the mixing zone and any chronic bioassay test indicates that the effluent is toxic, another bioassay test using the same species and the same methodology shall be conducted within two weeks. If the second test also indicates toxicity, the permittee shall follow the procedure described in section (c) of this permit condition. If, after following the procedure as described in sections (a) or (b) of this permit condition, two consecutive bioassay test results indicate acute and/or chronic toxicity, the permittee shall evaluate the source of the toxicity and submit a plan and time schedule for achieving compliance with the water quality standards for toxicity. Upon approval by the Department, the permittee will implement the plan until compliance has been achieved. Evaluations shall be completed and plans submitted within 6 months. Ail sludge shall be managed in accordance with a sludge management plan approved by the Department of Environmental Quality. No substantial changes shall be made in sludge management activities which significantly differ from operations specified under the approved plan without the prior written approval of the Department. Unless otherwise approved in writing by the Department, the permittee is not authorized to give sludge drying bed product to the general public. The permittee shall comply with Oregon Administrative Rules (OAR), Chapter 340, Division 49, "Regulations Pertaining To Certification of Wastewater System Operator Personnel" and accordingly: The permittee shall have its wastewater collection and treatment systems supervised by one or more operators who are certified in the class (collection or treatment) and grade level (equal to or greater) that corresponds with the class of the system to be supervised (see page one of this permit). File Number: 3780 Page 10 of 10 Pages Note: A "supervisor' is defined as the person exercising authority for establishing and executing the specific practice and procedures of operating the system in accordance with the Pelicies of the Permittee and requir~-~nts of the waste discharge permit. 'Supervise" m~ans responsible for the technical operation of a system, which may affect its performance or the ~ality of the effluent pr~uced. Supervisors are not required to be on-site at all times. bo No system shall be without supervision (as required by Special Condition 4.a. above) for more than thirty (30) days. During periods when the supervisor is absent (off-site and physically not available), the permittee shall provide an alternate, or in the case of shift operation, designate a shift supervisor. The alternate or shift supervisor shall be certified in the proper class and at no less than one grade level lower than the class of the system to be supervised. Co The permittee is responsible for ensuring its system has a properly certified operator available at all times (to respond on-site at the request of the permittee and to any other operator). do The permittee shall notify the Department of Environmental Quality in writing within thirty (30) days of replacement or redesignation of certified operators responsible for supervising system operation (including shifts). The notice shall be filed with the Water Quality Division, Operator Certification Program (see address on page one). This requirement is in addition to the reporting requirements contained under Schedule B of this permit. Pursuant to Oregon Administrative Rule (OAR) 340-45-055, the Department may initiate modification of this permit to add conditions and limitations as necessary to comply with new federal regulations promulgated under Section 405(d) of the federal Clean Water Act. P3780W (12-12-91) NPDES GENERAL CONDITIONS SECTION A. STANDARD CONDITIONS 1. Duty to Comply The permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of Oregon Revised Statutes (ORS) 468.720 and is grounds for enforcement action; for permit termination; suspension, or modification; or for denial of a permit renewal application. 2. Penalties for Violations of Permit Conditions Oregon Law (ORS 468.990) classifies a willful or negligent violation of the terms of a permit or failure to get a permit as a misdemeanor and a person convicted thereof shall be punishable by a fine of no more than $25,000 or by imprisonment for not more than one year, or by both. Each day of violation constitutes a separate offense. In addition to the criminal penalties specified above, Oregon Law (ORS 468.140) also allows the Director to impose civil penalties up to $10,000 per day for violation of the terms or conditions of a permit. 3. Duty to Mitigate The permittee shall take all reasonable steps to minimize or correct any adverse impact on the environment or human health resulting from noncompliance with this permit, including such accelerated or additional monitoring as necessary to determine the nature and impact of the noncomplying discharge. 4. Duty to Reapply If the permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the permittee must apply for and have the permit renewed. The application should be submitted at least 180 days before the expiration date of this permit. The Director may grant permission to submit an application less than 180 days in advance but no later than the permit expiration date. 5. Permit Actions This permit may be modified, suspended, or terminated for cause including, but not limited to, the following: mo Violation of any terms or conditions of this permit, rule, or statute; Obtaining this permit by misrepresentation or failure to disclose fully all relevant facts; or 3. B~oass of Treatment Facilities a. Definitions (1) "Bypass" means diversion of waste streams from any portion of the conveyance system or treatment facility. (2) "Severe property damage" means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. b. Prohibition of bypass. (1) Bypass is prohibited and the Director may take enforcement action against a permittee for bypass, unless: (a) Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage; (b) There were no feasible alternatives to the bypass, such as the use of auxiliary pumping, conveyance, or treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if the permittee could have installed adequate backup equipment to prevent a bypass which occurred during normal periods of equipment downtime or preventative maintenance; and (c) The permittee submitted notices and requests as required under paragraph c of this section. (2) The Director may approve an anticipated bypass, after considering its adverse effects, when the Director determines that it will meet the three conditions listed above in paragraph b(1) of this section. c. Notice and request for bypass. (1) Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass. (2) Unanticipated bypass. The permittee shall submit notice of an unanticipated bypass as required in Section D, Paragraph D-5 (24-hour notice). III Reporting of Monitoring Results Monitoring results shall be summarized each month on a Discharge Monitoring Report form approved by the Department. The reports shall be submitted monthly and are to be postmarked by the 14th day of the following month unless specifically approved otherwise in Schedule B of this permit. Additional Monitorinm by the Permittee If the permittee monitors any pollutant more frequently than required by this permit, using test procedures approved under 40 CFR 136 or as specified in this permit, the results of this monitoring shall be included in the calculation and reporting of the data submitted in the DMR. Such increased frequency shall also be indicated. Averaging of Measurements Calculations for all limitations which require averaging of measurements shall utilize an arithmetic mean, except for coliform and fecal coliform bacteria which shall be averaged based on a geometric or log mean. Retention of Records The permittee shall retain records of all monitoring information, including all calibration and maintenance records of all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by this permit, and records of all hata used to complete the application for this permit, for a period of at least 3 years from the date of the sample, measurement, or report of application. This period may be extended by request of the Director at any time. Records Contents Records of monitoring information shall include: a. The date, exact place, time and methods of sampling or measurements; b. The individual(s) who performed the sampling or measurements c. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. V 5. Twenty-Four Hour Reporting The permittee shall report any noncompliance which may endanger health or the environment. Any information shall be provided orally (by telephone) within 24 hours from the time the permittee becomes aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. The written submission shall contain: a. A description of the noncompliance and its cause; b. The period of noncompliance, including exact dates and times; c. The estimated time noncompliance is expected to continue if it has not been corrected; and d. Steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. The Department may waive the written report on a case-by-case basis if the oral report has been received within 24 hours. The following shall be included as information which must be reported within 24 hours: a. Any unanticipated bypass which exceeds any effluent limitation in the permit. b. Any upset which exceeds any effluent limitation in the permit. 6. Other Noncompliance The permittee shall report all instances of noncompliance not reported under Section D, Paragraphs D-4 and D-5, at the time monitoring reports are submitted. The reports shall contain the information listed in Paragraph D-5. 7. Duty to Provide Information The permittee shall furnish to the Department, within a reasonable time, any information which the Department may request to determine compliance with this permit. The permittee shall also furnish to the Department, upon request, copies of records required to be kept by this permit. Other Information: When the permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or any report to the Department, it shall promptly submit such facts or information. 8. Signatory Requirements All applications, reports or information submitted to the Department shall be signed and certified in accordance with 40 CFR 122.22. VII 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 BEFORE THE ENVIRONMENTAL QUALITY COMMISSION OF THE STATE OF OREGON DEPARTMENT OF ENVIRONMENTAL QUALITY, OF THE STATE OF OREGON, CITY OF ASHLAND, Department, Respondent. STIPULATION AND FINAL ORDER No. WQ-SWR-91-202 JACKSON COUNTY 1. On March 6, (Department or DEQ) WHEREAS: 1992, the Department of Environmental Quality issued National Pollution Discharge Elimination System (NPDES) Waste Discharge Permit Number 100862 (permit) to the City of Ashland (Respondent), pursuant to Oregon Revised Statutes (ORS) 468.740 and the Federal Water Polution Control Act Amendments of 1972, P.L. 92-500. The permit authorizes the Respondent to construct, install, modify or operate waste water treatment control and disposal facilities (facilities) and discharge adequately treated waste waters into Ashland Creek, waters of the state, in conformance with the requirements, limitations and conditions set forth in the Permit. 2. The Respondent operates a sewage treatment facility that utilizes activated sludge as the principal process used for secondary treatment. Chlorine is used as a disinfecting agent for the treated effluent to kill bacteria and other microorganisms that pose potential public health impacts if discharged into public waters. 3. The City of Ashland's sewage Treatment Plant discharges into Ashland Creek which flows into Bear Creek, a "water quality limited" stream. 1 - STIPULATION AND FINAL ORDER (WQ-SWR-91-202) (ASHLAND) (REV. 8/13/91) (MW\WC8\WC8950) 1 2 3 4 5 6 7 8 9 10 ll 12 13 14 15 l? 18 19 2O 21 22 23 24 25 4. On September 24, 1989, the Environmental Quality Commission adopted an administrative rule that established a TMDL for Ammonia-Nitrogen, BOD-5 and Total Phosphorus for Bear Creek to be met by December 31, 1994. The administrative rule specifically required the City of Ashland to submit a program plan and time schedule for modify their sewerage facilities to comply with the rule and all other applicable rules regulating waste discharges. 5. On September 21, 1990, the Oregon Environmental Quality Commission approved the proposed program plan submitted by the City of Ashland. The program plan was approved subject to the City of Ashland submitting a two- phase facilities plan report. 6. The final facilities plan report must be submitted to the Department by no later than September 1, 1992. 7. The Department and Respondent acknowledge that, when the NPDES Waste Discharge Permit is issued, Respondent will periodically violate the limits for chlorine residual until Respondent makes improvements to the existing collection, treatmmnt and disposal facilities in an orderly manner. 8. The Department and Respondent recognize that the Environmental Quality Commission has the power to impose a civil penalty and to issue an abatement order for violations of conditions of the Permit. Therefore, pursuant to ORS 183.415(5), the Department and Respondent wish to limit and resolve the future violations specified in Paragraph 7 in advance by this Stipulation and Final Order. 9. This Stipulation and Final Order is not intended to limit, in any way, the Department's right to proceed against Respondent in any forum for any past or future violations not expressly settled herein. 2 - STIPULATION AND FINAL ORDER (WQ-SWRJ91-202) (ASHLAND) (REV. 8/13/91) (MW\WCS\WC8950) 1 2 3 4 5 6 7 8 9 10 ll 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 NOW T~EREFORE, it is stipulated and agreed that: 10. The Environmental Quality Commission shall issue a final order: A. Requiring Respondent to comply with the following schedule: (1) By September 1, 1992, the Respondent shall submit a complete facilities plan report for providing upgraded and expanded wastewater control facilites as needed to (a) meet the TMDL for Bear Creek; (b} assure that any toxic impact of the Permittee's discharge of chlorine residual or any other toxic substance complies with OAR 340-41-965(2)(p) for toxic substances and OAR 340-41- 965(4) for mixing sones; and, (c) comply with state and federal sewage sludge management requirements. (2) Unless otherwise approved by the Environmental Quality Commission, wastewater control facilities shall be installed by December 31, 1994, as needed to reduce the discharge of chlorine residual and other toxic substances and meet water quality standards for toxic substances and mixing sones. B. Requiring Respondent to meet the following interim waste discharge limitations for daily median chlorine residual concentration until December 31, 1994, unless otherwise extended by the Environmental Quality commission: The chlorine residual concentration shall not exceed a daily median of 0.5 mg/1. C. Requiring Respondent to comply with all the terms, schedules and conditions of the Permit except as specified by paragraph 10B above, or of 3 - STIPULATION AND FINAL ORDER (WQ-SWR-91-202) (ASHLAND) (REV. 8/13/91) (MW\WCS\WC8950) 1 any other NPDES waste discharge Permit issued to Respondent while this 2 Stipulation and Final Order is in effect. 3 D. Requiring Respondent, upon receipt of a written notice from the 4 Department for any violations of this Stipulation and Final Order, to pay 5 civil penalties of one hundred dollars ($100) for each day of each 6 violation of paragraph 10B and civil penalties of two hundred fifty dollars 7 ($250) for each day of each violation of any requirement of this 8 Stipulation and Final Order. 9 11. If any event occurs that is beyond Respondent's reasonable control 10 and that causes or may cause a delay or deviation in performance of the 11 requirements of this Stipulation and Final Order, Respondent shall 12 immediately notify the Department verbally of the cause of delay or 13 deviation and its anticipated duration, the measures that have been or will 14 be taken to prevent or minimize the delay or deviation, and the timetable by 15 which Respondent proposes to carry out such measures. Respondent shall 16 confirm in writing this information within five (5) working days of the 17 onset of the event. It is Respondent's responsibility in the written 18 notification to demonstrate to the Department's satisfaction that the delay 19 or deviation has been or will be caused by circumstances beyond the control 20 and despite due diligence of Respondent. If Respondent so demonstrates, the 21 Department shall extend times of performance of related activities under the 22 Stipulation and Final Order as appropriate. Circumstances or events beyond 23 Respondent's control include, but are not limited to, acts of nature, 24 unforeseen strikes, work stoppages, fires, explosion, riot, sabotage, or 25 war. Increased cost of performance or consultant's failure to provide 26 4 - STIPULATION AND FINAL ORDER (WQ-SWR-91-202) (ASHLAND) (REV. 8/13/91) (MW~WC8kWC8950) 1 timely reports shall not be considered circumstances beyond Respondent's 2 control. 3 12. Respondent and the Department hereby waive any and all of their 4 rights to any and all notices, hearing, judicial review, and to service of a 5 copy of the final order herein. The Department reserves the right to 6 enforce this order through appropriate administrative and judicial 7 proceedings. 8 13. Regarding the schedule set forth in Paragraph 10A above, Respondent 9 acknowledges that Respondent is responsible for complying with that schedule 10 regardless of the availablity of any federal or state grant monies. 11 14. The terms of this Stipulation and Final Order may be amended by the 12 mutual agreement of the Department and Respondent. 13 15. Respondent acknowledges that it has actual notice of the contents 14 and requirements of the Stipulation and Final Order and that failure to 15 fulfill any of the requirements hereof would constitute a violation of this 16 Stipulation and Final Order and subject Respondent to payment of civil 17 penalties pursuant to Paragraph 10D above. 18 16. This Stipulation and Final Order should terminate 60 days after 19 Respondent demonstrates full compliance with the requirements of the 20 schedule in Paragraph 10A above. 21 22 23 24 25 26 5 - STIPULATION AND FINAL ORDER (WQ-SWR-91-202) (ASHLAND) (REV. 8/13/91) (MW/WCS/WC8950) 1 RESPONDENT 3 4 Date 5 6 DEPARTMENT OF ENVIRONMENTAL QUALITY 9 Date 11 Fred Hansen, Director 12 13 FINAL ORDER 14 IT IS SO ORDERED: 15 ENVIRONMENTAL QUALITY COMMISSION 16 18 Date 19 Fred Hansen, Director Department of Environmental Quality Pursuant to OAR 340-11-136(1) 2O 21 22 23 24 25 26 6 - STIPULATION AND FINAL ORDER (WQ-SWR-91-202) (ASHLAND) (REV. 8/13/91) (MWkWC8\WC8950)