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HomeMy WebLinkAboutNC0043532_SOC (acknowledgement)_20191021ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER Director NORTH CAPOLINA Env&or mental Quality October 21, 2019 Mr. Andrew M. Lucas, County Manager Stanly County 1000 N. First Street, Suite l0A Albemarle, NC 28001 Subject: SPECIAL ORDER BY CONSENT (SOC) EMC SOC WQ S19-003 West Stanly WWTP NPDES No. NCO043532 Stanly County Dear Mr. Lucas: This is to acknowledge receipt of your application for a Special Order by Consent (SOC), submitted by Stanly County, accompanied by its check number 157950 in the amount of $400.00. These items were received in our office on August 6, 2019. The Division of Water Resources (DWR) hereby transmits for your review and signature two (2) copies of the Special Order by Consent (SOC or the Order). Please sign and return two (2) copies to: Attention: Derek Denard NCDEQ/DWR/Water Quality Permitting Section 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Once the SOC has been signed, the Division will solicit public comment on this SOC by publishing a notice in newspapers having circulation in the general Stanly County area, as required by the NPDES Program. Following the mandatory 30-day public comment period, the Division will review all pertinent comments on the SOC, and take appropriate action prior to issuing the SOC. North Carolina Department of Environmental Quality I Division of Water Resources 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 919-707-3616 Mr. Lucas October 21, 2019 Page 2 of 2 If you have questions, please contact the operations staff at DWR's Mooresville Regional Office at (704) 663-1699, or contact me in the central office, Derek Denard [derek.denard@ncdenr.gov] at (919) 707-3618. Sincerely, Derek C. Denard, Environmental Specialist Division of Water Resources, NCDEQ he: Mooresville Regional Office w/attachments SOC Files w/attachments Central Files w/attachments ec: Andrew M. Lucas, County Manager, Stanly County [alucas@tanlycountync.org] DWR/MRO Corey Basinger [corey.basinger&cdenr.gov]; Roberto Scheller [roberto.scheller&cdenr.gov] NPDES Files [Laserfiche] NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION COUNTY OF STANLY IN THE MATTER OF ) NORTH CAROLINA ) NPDES PERMIT NO. NCO043532 ) HELD BY ) STANLY COUNTY ) SPECIAL ORDER BY CONSENT EMC SOC WQ NO. S19-003 Pursuant to provisions of North Carolina General Statutes (G.S.) 143-215.2 and 143-215.67, this Special Order by Consent is entered into by Stanly County, hereinafter referred to as the County and the North Carolina Environmental Management Commission, an agency of the State of North Carolina created by G.S. 143B-282, and hereinafter referred to as the Commission: 1. Stanly County and the Commission hereby stipulate the following: a. The County holds North Carolina NPDES permit number NCO043532 for operation of West Stanly WWTP, an existing wastewater treatment works, and for making an outlet therefrom for discharge of treated wastewater to the Rocky River (Outfall 002) and Long Creek (Outfall 001), both Class C waters of this State in the Yadkin -Pee Dee River Basin, but is unable to consistently comply with the final effluent limits for Total Suspended Solids (TSS) and Fecal Coliform as set forth in NPDES permit NC0043532. Compliance will require preparation and implementation of plans and specifications for construction and operation of additional treatment works and upgrades. b. Noncompliance with final effluent limits constitutes causing and contributing to pollution of the waters of the State of North Carolina, and the County is within the jurisdiction of the Commission as set forth in G.S. Chapter 143, Article 21. The County will secure financing for planning, designing, and constructing a new or improved wastewater treatment and disposal system which, once constructed and operated, will be sufficient to adequately convey and treat wastewater presently being discharged, to such an extent that Stanly County will be able to comply with final effluent limits. d. Since this Special Order is by consent, neither party will file a petition for a contested case or for judicial review concerning its terms. West Stanly WWTP EMC SOC WQ S 19-003 p. 2 2. The County, desiring to comply with the permit identified in paragraph 1(a) above, hereby agrees to do the following: a. Undertake the following activities in accordance with the indicated time schedule: Scheduled Activity Due Date Upon receipt of the required DWR permit(s), begin the Within 15 calendar days of bid process for construction activities receiving required DWR permits Complete bid process for construction activities Within 60 calendar days from initiating bid process Assuming a successful bid process, award contract for Within 15 calendar days construction activities following bid process closure Begin construction With 60 calendar days of awarding contract Complete construction of the upgrades to the wastewater treatment plant and submit a certification of completion Within 365 calendar days of (Engineer's Certification) from a professional engineer beginning construction verifying that the construction has been completed Within 120 calendar days Attain compliance with NPDES permit final limits following completion of construction and certification by professional engineer b. The County will submit quarterly progress reports detailing the work and activities undertaken and completed on the upgrades to the facility. The reports are to be submitted as follows: one copy must be mailed to the Mooresville Regional Supervisor, Division of Water Resources / Water Quality Regional Operations Section, 610 East Center Avenue, Suite 301, Mooresville, NC 28115, and one copy must be mailed to the Water Quality Permitting Section / NPDES, 1617 Mail Service Center Raleigh, NC 27699-1617. The quarterly reports are due in each respective office no later than the thirtieth (30th) day of January, April, July, and October for the duration of this Order. The County will comply with all terms and conditions of the permit except effluent limits for parameters identified in paragraph 1(a) above. See Attachment A for all current monitoring requirements and effluent limits, including interim effluent limits applicable to this Special Order by Consent. The County may also be required to monitor for other parameters, as deemed necessary by the Director, in future permits or administrative letters. During the time in which this Special Order by Consent is effective, the County shall comply with the interim effluent limits for Total Suspended Solids (TSS) and Fecal Coliform as listed in the table below. West Stanly WWTP EMC SOC WQ S 19-003 p. 3 Under this Special Order by Consent, ONLY the parameters listed below have been modified from the most current NPDES Permit in effect for Outfall 002. Parameters Units Permit Limits Interim Limits Monthly Avg. Weekly Avg. Monthly Avg. Weekly Avg. Total Suspended Solids (TSS) m /L 30.0 45.0 45.0 70.0 Fecal Coliform 9/100 ml 200* 400* 400* 600* *Geometric Mean Under this Special Order by Consent, ONLY the parameters listed below have been modified from the most current NPDES Permit in effect for Outfall 001. Parameters Units Permit Limits Interim Limits Monthly Avg. Weekly Avg. Monthly Avg. Weekly Avg. Total Suspended Solids (TSS) m /L 30.0 45.0 45.0 70.0 Fecal Coliform 9/100 ml 200* 400* 400* 600* *Geometric Mean d. No later than fourteen (14) calendar days after any date identified for accomplishment of any activity listed in paragraph 2(a) above, submit to the Director of DWR written notice of compliance (including the date compliance was achieved along with supporting documentation if applicable) or noncompliance therewith. In the case of noncompliance, the notice shall include a statement of the reason(s) for noncompliance, remedial action(s) taken, and a statement identifying the extent to which subsequent dates or times for accomplishment of listed activities may be affected. e. The County will continue to operate the wastewater treatment plant as best as possible to prevent/minimize any adverse impacts to the surface waters. 3. The County has outstanding civil penalty assessments that total $6,326.25. The County agrees to pay an upfront penalty amount of $326.25, with the remaining amount of $6,000.00 to be held in abeyance until the successful completion of this SOC. At the successful conclusion of this SOC, the penalty amount held in abeyance ($6,000.00) will be remitted. Should the SOC not reach a successful conclusion, the full remaining penalty amount of $6,000.00 will be due immediately by check payable to the North Carolina Department of Environmental Quality. The County also agrees that unless excused under paragraph four (4), the County will pay the Director of DWR, by check payable to the North Carolina Department of Environmental Quality, stipulated penalties according to the following schedule for failure to meet the deadlines set out in paragraphs 2(a), 2(b), and 2(d). West Stanly WWTP EMC SOC WQ S 19-003 p. 4 Violation Description Stipulated Penalty Failure to meet a scheduled date $1,000 per day Failure to comply with a modified $1,000 for exceeding monthly average (or effluent limit geometric mean) limit; $500 for exceeding weekly average or geometric mean limits Monitoring frequency violations for $100 per omitted value per parameter modified parameters Failure to Submit Status Reports $1,000 for the first violation; penalty doubles with each subsequent assessment for late reports Failure to achieve compliance with final $5,000 (single penalty) effluent limits 4. The County and the Commission agree that the stipulated penalties are not due if the Town satisfies DWR that noncompliance was caused solely by: a. An act of God; b. An act of war; An intentional act or omission of a third parry, but this defense shall not be available if the act or omission is that of an employee or agent of the defendant or if the act or omission occurs in connection with a contractual relationship with the permittee; d. An extraordinary event beyond the permittee's control. Contractor delays or failure to obtain funding will not be considered as events beyond the permittee's control; or e. Any combination of the above causes. Failure within thirty (30) days of receipt of written demand to pay the penalties, or challenge them by a contested case petition pursuant to G.S. 150B-23, will be grounds for a collection action, which the Attorney General is hereby authorized to initiate. The only issue in such an action will be whether the thirty (30) days has elapsed. 5. Noncompliance with the terms of this Special Order by Consent is subject to enforcement action in addition to the above stipulations, including injunctive relief pursuant to G.S. 143- 215.6.C. 6. This Special Order by Consent and any terms or conditions contained herein, hereby supersede any and all previous Special Orders, Enforcement Compliance Schedule Letters, terms, conditions, and limits contained therein issued in connection with NPDES permit number NC0043532. In the event of an NPDES permit modification or renewal, any effluent West Stanly WWTP EMC SOC WQ S 19-003 p. 5 limit or monitoring requirements contained therein shall supersede those contained in Attachment A of this Special Order by Consent, except as modified and contained in paragraph 2(c) above. 7. This Special Order by Consent may be amended provided the County has made good faith efforts to secure funding, complete all construction and achieve compliance within the dates specified. 8. During the term of this Special Order by Consent, the County will not be permitted to accept additional wastewater from any domestic, industrial, or commercial sources without prior approval from the Mooresville Regional Supervisor and the Water Quality Permitting Section. An initial allocation of 80,000 gallons of additional wastewater will be allowed to be made tributary to the West Stanly WWTP on the effective date of this SOC. An additional flow allocation of 30,000 gallons of wastewater may be made tributary to the West Stanly WWTP following the successful completion and placement in service of the new secondary clarifier. New wastewater flow shall not exceed a total of 110,000 gallons during the effective dates of this SOC. 9. Failure to meet the scheduled date identified in paragraph 2(a) may terminate this Special Order by Consent and require the County to comply with the terms and conditions contained in the permit identified in paragraph 1(a). 10. The County, upon signature of this Special Order by Consent, will be expected to comply with all schedule dates, terms, and conditions of this document. This Special Order by Consent shall expire on January 31, 2023. West Stanly WWTP EMC SOC WQ S 19-003 p. 6 For .S'tanly County: Andrew M. Lucas County Manager Date For the North Carolina Environmental Management Commission: Linda Culpepper, Director Date Division of Water Resources Permit NCO043532 Attachment A — EMC SOC WQ S18-011 Part I A. (1) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS [15A NCAC 02B .0400 et seq., 02B .0500 et seq.] Grade III Biological Water Pollution Control System [15A NCAC 08G .0302] a. During the period beginning on the effective date of the permit and lasting until expansion above 0.9 MGD or expiration, whichever is sooner, the Permittee is authorized to discharge treated domestic wastewater from Outfall 002 (Rocky River). Such discharges shall be limited and monitored 1 by the Permittee as specified below: LIMITATIONS MONITORING REQUIREMENTS EFFLUENT Monthly Weekly Daily Measurement Sample Sample CHARACTERISTICS Average g Average g Maximum Frequency 9 y Type yp Location 2 Flow 0.9 MGD Continuous Recording I or E BOD, 5 day, 20°C 3 9.0 mg/L 13.5 mg/L 3/Week Composite I and E (April 1 — October 31) BOD, 5 day, 200C 3 18.0 mg/L 27.0 mg/L 3/Week Composite I and E (November 1 — March 31 Total Suspended Solids 3 45.0 mg/L" 70.0 mg/L" 3/Week Composite I and E NH3 as N (April 1 — October 31 3.0 mg/L 9.0 mg/L 3/Week Composite E NH3 as N (November 1 — March 31) 6.0 mg/L 18.0 mg/L 3/Week Composite E Dissolved Oxygen Not less than 5.0 mg/L, daily average 3/Week Grab E Dissolved Oxygen, mg/L Variable 2 Grab U, D pH Between 6.0 and 9.0 Standard Units 3/Week Grab E oliform Co lic ( e al olc mean) 400/100 mL* 600/100 mL* 3/Week Grab E Fecal Coliform, 9/100 mL Variable 2 Grab U, D Total Residual Chlorine 4 28 µg/L 3/Week Grab E Total Copper, µg/L Quarterly Composite E Total Zinc, µg/L Quarterly Composite E Temperature, °C Daily Grab E Temperature, °C Variable 2 Grab U, D Total Hardness as 5, Quarterly Composite E [CaCO3] mg/L Total Hardness as 6, Quarterly Grab U [CaCO3] mg/L Total Nitrogen 7, mg/L Quarterly Composite E Total Phosphorus, mg/L Quarterly Composite E Chronic Toxicity 8 Quarterly Composite E * SOC Limits are effective beginning on the effective date of the SOC and lasting until the SOC compliance date [see SOC paragraph 2(a)]. The SOC shall expire on January 31, 2023. Page 1 of 6 Permit NCO043532 Attachment A — EMC SOC WQ S18-011 (Continued A. (1) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS) Footnotes: 1. The Permittee shall submit discharge monitoring reports electronically using NC DWR's eDMR application system. See Special Condition A. (7). 2. Sample locations: E - Effluent, I - Influent, U - Upstream at least 100 feet above the discharge point, D - Downstream 1.7 miles below the discharge point (near the end of NCSR 1659). Instream monitoring requirements are waived as long as the facility retains membership in the Yadkin -Pee Dee River Basin Association. If membership is cancelled, facility will monitor 3/week during the months of June through September and once per week during the remaining months of the year. 3. The monthly average effluent BOD5 and TSS concentrations shall not exceed 15% of the respective influent value (85% removal). 4. The Division shall consider all effluent total residual chlorine values reported below 50 µg/L to be in compliance with the permit. However, the Permittee shall continue to record and submit all values reported by a North Carolina certified laboratory (including filed certified) even if these values fall below 50 µg/L. 5. Effluent hardness sampling shall be performed in conjunction with testing for hardness dependent metals (cadmium, chromium, copper, lead, nickel, silver, and zinc). 6. The Permittee shall sample instream hardness, approximately 100 yards upstream from the facility's discharge and shall be representative of the hardness in the receiving stream. If the Permittee is a member of a Monitoring Coalition Program, sampling for instream hardness may be waived as long as the Monitoring Coalition agrees to sample hardness at the same upstream location, at a minimum frequency of quarterly, and the Permittee has obtained approval from the DWR -NPDES Permitting Unit. The Permittee is responsible for submitting instream hardness test results with its permit renewal application package. If Coalition membership is cancelled or the Coalition terminates instream hardness sampling at the approved station, the Permittee will immediately notify the Division and resume sampling for instream hardness, upstream of its discharge. 7. Total Nitrogen is the sum of TKN + NO3-N + NO2-N, where TKN and NO3-N + NO2- N are Total Kj eldahl Nitrogen and Nitrate and Nitrite Nitrogen respectively. 8. Chronic Toxicity (Ceriodaphnia) P/F at 4.6%; January, April, July, and October. See Special Condition A. (4) — Outfall 002. b. There shall be no discharge of floating solids or visible foam in other than trace amounts. Page 2 of 6 Permit NCO043532 Attachment A — EMC SOC WQ S18-011 A. (2) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS [15A NCAC 02B .0400 et seq., 02B .0500 et seq.] Grade III Biological Water Pollution Control System [15A NCAC 08G .0302] a. During the period beginning on the effective date of the permit and lasting until expansion above 0.9 MGD or expiration, the Permittee is authorized to discharge treated domestic wastewater from emergency backup Outfall 001 (Long Creek) in case of an effluent pump station failure. Such discharges shall be limited and monitored 1 by the Permittee as specified below: LIMITATIONS MONITORING REQUIREMENTS EFFLUENT Monthly Weekly Daily Measurement Sample Sample CHARACTERISTICS Average g Average g Maximum Frequency 9 y Type 3'p Location 2 Flow 0.9 MGD Continuous Recording I or E BOD, 5 day, 20°C 3 9.0 mg/L 13.5 mg/L 3/Week Composite I and E (April 1— October 31) BOD, 5 day, 200C 3 18.0 mg/L 27.0 mg/L 3/Week Composite I and E (November 1 — March 31 Total Suspended Solids 3 45.0 mg/L* 70.0 mg/L* 3/Week Composite I and E NH3 as N (April 1 — October 31 2.8 mg/L 8.4 mg/L 3/Week Composite E NH3 as N (November 1 —March 31) 6.0 mg/L 18.0 mg/L 3/Week Composite E Dissolved Oxygen Not less than 5.0 mg/L, daily average 3/Week Grab E Dissolved Oxygen, mg/L Variable 2 Grab U, D pH Between 6.0 and 9.0 Standard Units 3/Week Grab E oliform Co lic ( e al olc mean) 400/100 mL* 600/100 mL* 3/Week Grab E Fecal Coliform, 9/100 mL Variable 2 Grab U, D Total Residual Chlorine 4 28 µg/L 3/Week Grab E Total Copper, µg/L Quarterly Composite E Total Zinc, µg/L Quarterly Composite E Temperature, °C Daily Grab E Temperature, °C Variable 2 Grab U, D Total Hardness as 5, Quarterly Composite E [CaCO3] mg/L Total Hardness as 6, Quarterly Grab U [CaCO3] mg/L Total Nitrogen', mg/L Quarterly Composite E Total Phosphorus, mg/L Quarterly Composite E Chronic Toxicity 8 Quarterly Composite E Bis(2-ethylhexyl)phthalate, Quarterly Composite E gg/L Cyanide, mg/L Quarterly Grab E * SOC Limits are effective beginning on the effective date of the SOC and lasting until the SOC compliance date on [see SOC paragraph 2(a)]. The SOC shall expire on January 31, 2023. Page 3 of 6 Permit NCO043532 Attachment A — EMC SOC WQ S18-011 (Continued A. (2) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS) Footnotes: 1. The Permittee shall submit discharge monitoring reports electronically using NC DWR's eDMR application system. See Special Condition A. (7). 2. Sample locations: E - Effluent, I - Influent, U - Upstream at least 100 feet above the discharge point, D - Downstream 1.7 miles below the discharge point (near the end of NCSR 1659). Instream monitoring requirements are waived as long as the facility retains membership in the Yadkin -Pee Dee River Basin Association. If membership is cancelled, facility will monitor 3/week during the months of June through September and once per week during the remaining months of the year. 3. The monthly average effluent BOD5 and TSS concentrations shall not exceed 15% of the respective influent value (85% removal). 4. The Division shall consider all effluent total residual chlorine values reported below 50 µg/L to be in compliance with the permit. However, the Permittee shall continue to record and submit all values reported by a North Carolina certified laboratory (including filed certified) even if these values fall below 50 µg/L. 5. Effluent hardness sampling shall be performed in conjunction with testing for hardness dependent metals (cadmium, chromium, copper, lead, nickel, silver, and zinc). 6. The Permittee shall sample instream hardness, approximately 100 yards upstream from the facility's discharge and shall be representative of the hardness in the receiving stream. If the Permittee is a member of a Monitoring Coalition Program, sampling for instream hardness may be waived as long as the Monitoring Coalition agrees to sample hardness at the same upstream location, at a minimum frequency of quarterly, and the Permittee has obtained approval from the DWR -NPDES Permitting Unit. The Permittee is responsible for submitting instream hardness test results with its permit renewal application package. If Coalition membership is cancelled or the Coalition terminates instream hardness sampling at the approved station, the Permittee will immediately notify the Division and resume sampling for instream hardness, upstream of its discharge. 7. Total Nitrogen is the sum of TKN + NO3-N + NO2-N, where TKN and NO3-N + NO2- N are Total Kj eldahl Nitrogen and Nitrate and Nitrite Nitrogen respectively. 8. Chronic Toxicity (Ceriodaphnia) P/F at 30%; January, April, July, and October. See Special Condition A. (4) — Outfall 001. b. There shall be no discharge of floating solids or visible foam in other than trace amounts. Page 4 of 6 Permit NCO043532 Attachment A — EMC SOC WQ S18-011 A. (3) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS [15A NCAC 02B .0400 et seq., 02B .0500 et seq.] Grade III Biological Water Pollution Control System [15A NCAC 08G .0302] a. During the period beginning upon receipt of an Engineer's Certificate for completion of the 1.2 MGD expansion and lasting until expiration, the Permittee is authorized to discharge treated domestic wastewater from Outfall 002 (Rocky River). Such discharges shall be limited and monitored 1 by the Permittee as specified below: EFFLUENT CHARACTERISTICS LIMITATIONS MONITORING REQUIREMENTS Monthly Monthly Average g Weekly Average g Daily Maximum Measurement Frequency q y Sample Type yP Sample Location 2 Flow 1.2 MGD Continuous Recording I or E BOD, 5 day, 20°C 3 10.0 mg/L 15.0 mg/L 3/Week Composite I and E Total Suspended Solids 3 45.0 mg/L* 70.0 mg/L* 3/Week Composite I and E NH3 as N 4.0 mg/L 12.0 mg/L 3/Week Composite E Dissolved Oxygen Not less than 6.0 mg/L, daily average 3/Week Grab E Dissolved Oxygen, mg/L I IVariable 2 Grab U, D pH Between 6.0 and 9.0 Standard Units 3/Week Grab E oliform Co lic ( e al olc mean) 400/100 mL* 600/100 mL* 3/Week Grab E Fecal Coliform, 9/100 mL Variable 2 Grab U, D Total Residual Chlorine 4 28 µg/L 3/Week Grab E Total Copper, µg/L Quarterly Composite E Total Zinc, µg/L Quarterly Composite E Temperature, °C Daily Grab E Temperature, °C Variable 2 Grab U, D Total Hardness as [CaCO3] 5, mg/L Quarterly Composite E Total Hardness as [CaCO3] 6, mg/L Quarterly Grab U Total Nitrogen 7, mg/L Monthly Composite E Total Phosphorus, mg/L Monthly Composite E Chronic Toxicity 8 Quarterly Composite E Effluent Pollutant Scan See Footnote 9 E * SOC Limits are effective beginning on the effective date of the SOC and lasting until the SOC compliance date on [see SOC paragraph 2(a)]. The SOC shall expire on January 31, 2023. Footnotes: 1. The Permittee shall submit discharge monitoring reports electronically using NC DWR's eDMR application system. See Special Condition A. (7). Page 5 of 6 Permit NCO043532 Attachment A — EMC SOC WQ S18-011 (Continued A. (3) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS) 2. Sample locations: E - Effluent, I - Influent, U - Upstream at least 100 feet above the discharge point, D - Downstream 1.7 miles below the discharge point (near the end of NCSR 1659). Instream monitoring requirements are waived as long as the facility retains membership in the Yadkin -Pee Dee River Basin Association. If membership is cancelled, facility will monitor 3/week during the months of June through September and once per week during the remaining months of the year. 3. The monthly average effluent BOD5 and TSS concentrations shall not exceed 15% of the respective influent value (85% removal). 4. The Division shall consider all effluent total residual chlorine values reported below 50 µg/L to be in compliance with the permit. However, the Permittee shall continue to record and submit all values reported by a North Carolina certified laboratory (including filed certified) even if these values fall below 50 µg/L. 5. Effluent hardness sampling shall be performed in conjunction with testing for hardness dependent metals (cadmium, chromium, copper, lead, nickel, silver, and zinc). 6. The Permittee shall sample instream hardness, approximately 100 yards upstream from the facility's discharge and shall be representative of the hardness in the receiving stream. If the Permittee is a member of a Monitoring Coalition Program, sampling for instream hardness may be waived as long as the Monitoring Coalition agrees to sample hardness at the same upstream location, at a minimum frequency of quarterly, and the Permittee has obtained approval from the DWR -NPDES Permitting Unit. The Permittee is responsible for submitting instream hardness test results with its permit renewal application package. If Coalition membership is cancelled or the Coalition terminates instream hardness sampling at the approved station, the Permittee will immediately notify the Division and resume sampling for instream hardness, upstream of its discharge. 7. Total Nitrogen is the sum of TKN + NO3-N + NO2-N, where TKN and NO3-N + NO2-N are Total Kjeldahl Nitrogen and Nitrate and Nitrite Nitrogen respectively. 8. Chronic Toxicity (Ceriodaphnia) P/F at 6.0%; January, April, July, and October. See Special Condition A. (4) — Outfall 002. 9. The permittee shall perform three Effluent Pollutant Scans and four Second Species Toxicity Tests in conjunction with this permit next renewal, commencing with this permit activation of the 1.2 MGD terms. See Special Condition A. (5). b. There shall be no discharge of floating solids or visible foam in other than trace amounts. Page 6 of 6