[Federal Register Volume 65, Number 9 (Thursday, January 13, 2000)]
[Notices]
[Pages 2165-2176]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-733]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[FRL-6521-8]
Final NPDES General Permit for Discharges From Ready-Mixed
Concrete Plants, Concrete Products Plants and Their Associated
Facilities in Texas (TXG110000)
AGENCY: Environmental Protection Agency (EPA).
[[Page 2166]]
ACTION: Final issuance of NPDES general permit.
-----------------------------------------------------------------------
SUMMARY: EPA Region 6 today issues a National Pollutant Discharge
Elimination System (NPDES) general permit authorizing discharges of
facility waste water and contact storm water from ready-mixed concrete
plants, concrete products plants and their associated facilities in
Texas. This permit covers facilities having Standard Industrial
Classification (SIC) Codes 3273 (manufacture of Ready-Mixed Concrete),
3272 (manufacture of concrete products, except block and brick) and
3271 (manufacture of concrete block and brick). This permit does not
authorize the discharge of domestic sewage.
The permit has limits on Oil and Grease, Total Suspended Solids and
pH. There is also a requirement of no acute toxicity as determined by
requiring greater than 50 % survival in 100 % effluent using a 24 hour
acute test. In addition, the permit has limits on arsenic, barium,
cadmium, chromium, copper, manganese, mercury, nickel, selenium, silver
and zinc as contained in Texas Natural Resource Conservation Commission
(TNRCC) Regulations for Hazardous Metals (30 TAC 319, Subchapter B).
There is also the requirement to develop and implement a pollution
prevention plan for the storm water discharges authorized by this
permit.
DATES: The limits and monitoring requirements in this permit shall
become effective on February 14, 2000.
FOR FURTHER INFORMATION CONTACT: Ms. Evelyn Rosborough, EPA Region 6,
1445 Ross Avenue, Dallas, Texas 75202-2733, telephone (214) 665-7515.
Copies of the complete response to comments may be obtained from Ms.
Rosborough. The complete response to comments and final permit can also
be found on the Internet at http://www.epa.gov/earth1r6/6wq/6wq.htm.
SUPPLEMENTARY INFORMATION: Regulated categories and entities include:
------------------------------------------------------------------------
Category Examples of regulated entities
------------------------------------------------------------------------
Industry............................ Operators of ready-mixed concrete
plants, concrete products plants
and their associated facilities.
------------------------------------------------------------------------
This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be regulated by this
action. This table lists the types of entities that EPA is now aware
could potentially be regulated by this action. Other types of entities
not listed in the table could also be regulated. To determine whether
your (facility, company, business, organization, etc.) is regulated by
this action, you should carefully examine the applicability criteria in
Part I, Section A.1 of this permit. If you have questions regarding the
applicability of this action to a particular entity, consult the person
listed in the preceding FOR FURTHER INFORMATION CONTACT section.
Pursuant to section 402 of the Clean Water Act (CWA), 33 U.S.C.
section 1342, EPA proposed and solicited public comment on NPDES
General Permit TXG110000 at 63 FR 40279 (July 28, 1998). The comment
period closed on September 28, 1998. Region 6 received written comments
from Texas Natural Resources Conservation Commission (TNRCC) and Texas
Aggregates & Concrete Association.
EPA Region 6 has considered all comments received. In response to
the comments, EPA agrees to reduce the monitoring frequency for the 24
hour acute toxicity requirement from twice per year to once per year,
and to allow a facility with multiple storm water outfalls discharging
substantially identical storm water effluents to collect and analyze an
effluent sample for one of those outfalls and report that the data also
applies to the other substantially identical outfalls. In addition, the
time period for existing dischargers to submit Notices of Intent to be
covered by this permit was extended to within 90 days of the permit's
effective date. The permit was also updated to reflect that, since
TNRCC has now assumed NPDES authority for these types of discharges,
Notices of Intent to be covered by this permit and Discharge Monitoring
Reports are to be sent to TNRCC instead of EPA. At the request of
TNRCC, Discharge Monitoring Report submission requirements were changed
from annually to quarterly.
Other Legal Requirements
A. State Certification
Under section 401(a)(1) of the Act, EPA may not issue an NPDES
permit until the State in which the discharge will originate grants or
waives certification to ensure compliance with appropriate requirements
of the Act and State law. The Region has received certification, dated
August 27, 1998, from the Texas Natural Resources Conservation
Commission for NPDES General Permit TXG110000.
B. Endangered Species Act
EPA has determined that issuance of this general permit is unlikely
to adversely affect any threatened or endangered species or its
critical habitat. EPA sought written concurrence from the United States
Fish and Wildlife Service on this determination. In a letter dated
September 2, 1998, the United States Fish and Wildlife Service
concurred with EPA's finding that issuance of this general permit is
not likely to adversely affect any federally listed species, provided
that two general concerns were addressed in the permit. The first
concern was in regard to the 24-hour acute testing requirement. The
Service was concerned that the permit language does not specify as to
how test organisms, daphnia pulex and the fathead minnow, are used in
testing. The Service stated that the permit should state that testing
of the effluent requires both species and that failure with either
species beyond the 50% survival in 100% effluent would constitute
failure. The second concern was that the permit should include language
that permittees located in counties overlying the San Antonio and
Barton Springs portion of the Edwards Aquifer (Kinney, Travis,
Williamson, Uvalde, Medina, Bexar, Blanco, Hays, and Comal Counties)
must consult the Edwards Aquifer Rules (30 TAC Chapter 213) and its
amendments. In response to the Service's concerns, a requirement has
been added to the Part I.C of the final permit requiring compliance
with 30 TAC 213 (Edwards Aquifer Rules). The requirements for 24-hour
acute testing contained in Part I.C and I.F of the permit already
address the Service's concern regarding the 24 hour acute testing
requirement.
C. Coastal Coordination Act
Pursuant to Section 506.20 of 31 TAC of the Coastal Coordination
Act, the Texas Coastal Coordination Council has reviewed the permit for
consistency with the Texas Coastal Management Program. The Council has
determined that the permit is consistent with the Texas Coastal
Management Program goals and policies.
D. Historic Preservation Act
Facilities which adversely affect properties listed or eligible for
listing in the National Register of Historical Places are not
authorized to discharge under this permit.
E. Economic Impact (Executive Order 12866)
Under Executive Order 12866 [58 FR 51735 (October 4, 1993)], the
Agency must determine whether a regulatory action is ``significant''
and therefore subject to OMB review and the requirements of the
Executive Order. The Order defines ``significant regulatory action'' as
one that is likely
[[Page 2167]]
to result in a rule that may have an annual effect on the economy of
$100 million or more or adversely affect in a material way the economy,
a sector of the economy, productivity, competition, jobs, the
environment, public health or safety, or State, local, or tribal
governments or communities; create a serious inconsistency or otherwise
interfere with an action taken or planned by another agency; materially
alter the budgetary impact of entitlements, grants, user fees, or loan
programs or the rights and obligations of recipients thereof; or raise
novel legal or policy issues arising out of legal mandates, the
President's priorities, or the principles set forth in the Executive
Order. EPA has determined that this general permit is not a
``significant regulatory action'' under the terms of Executive Order
12866 and is therefore not subject to formal OMB review prior to
proposal.
F. Paperwork Reduction Act
The information collection required by this permit has been
approved by OMB under the provisions of the Paperwork Reduction Act, 44
U.S.C. 3501 et seq., in submission made for the NPDES permit program
and assigned OMB control numbers 2040-0086 (NPDES permit application)
and 2040-0004 (discharge monitoring reports).
G. Unfunded Mandates Reform Act
Section 201 of the Unfunded Mandates Reform Act (UMRA), Public Law
104-4, generally requires Federal agencies to assess the effects of
their ``regulatory actions'' on State, local, and tribal governments
and the private sector. UMRA uses the term ``regulatory actions'' to
refer to regulations. (See, e.g., UMRA section 201, ``Each agency shall
* * * assess the effects of Federal regulatory actions * * * (other
than to the extent that such regulations incorporate requirements
specifically set forth in law)'' (emphasis added)). UMRA section 102
defines ``regulation'' by reference to section 658 of Title 2 of the
U.S. Code, which in turn defines ``regulation'' and ``rule'' by
reference to section 601(2) of the Regulatory Flexibility Act (RFA).
That section of the RFA defines ``rule'' as ``any rule for which the
agency publishes a notice of proposed rulemaking pursuant to section
553(b) of [the Administrative Procedure Act (APA)], or any other law *
* *''
NPDES general permits are not ``rules'' under the APA and thus not
subject to the APA requirement to publish a notice of proposed
rulemaking. NPDES general permits are also not subject to such a
requirement under the CWA. While EPA publishes a notice to solicit
public comment on draft general permits, it does so pursuant to the CWA
section 402(a) requirement to provide ``an opportunity for a hearing.''
Thus, NPDES general permits are not ``rules'' for RFA or UMRA purposes.
EPA thinks it is unlikely that this permit issuance would contain a
Federal requirement that might result in expenditures of $100 million
or more for State, local and tribal governments, in the aggregate, or
the private sector in any one year.
The Agency also believes that the permit issuance would not
significantly nor uniquely affect small governments. For UMRA purposes,
``small governments'' is defined by reference to the definition of
``small governmental jurisdiction'' under the RFA. (See UMRA section
102(1), referencing 2 U.S.C. 658, which references section 601(5) of
the RFA.) ``Small governmental jurisdiction'' means governments of
cities, counties, towns, etc., with a population of less than 50,000,
unless the agency establishes an alternative definition.
The permit issuance also will not uniquely affect small governments
because compliance with the proposed permit conditions affects small
governments in the same manner as any other entities seeking coverage
under the permit.
H. Regulatory Flexibility Act
The Regulatory Flexibility Act, 5 U.S.C. 601 et seq, requires that
EPA prepare a regulatory flexibility analysis for regulations that have
a significant impact on a substantial number of small entities.
Compliance with the permit requirements will not result in a
significant impact on dischargers, including small businesses, covered
by this permit. EPA Region 6 therefore concludes that issuance of this
permit will not have a significant impact on a substantial number of
small entities.
Authorization To Discharge Under the National Pollutant Discharge
Elimination System
In compliance with the provisions of the Federal Water Pollution
Control Act, as amended (33 U.S.C. 1251 et seq: the ``Act''), this
permit authorizes discharges to Waters of the United States of facility
waste water and contact storm water from ready-mixed concrete plants,
concrete products plants and their associated facilities in Texas. The
discharges are authorized in accordance with effluent limitations and
other conditions set forth in Parts I and II of this permit.
In order for discharges to be authorized by this permit, operators
of facilities discharging waste waters from ready-mixed concrete
plants, concrete products plants and their associated facilities must
submit written notification to the Regional Administrator that they
intend to be covered (See Part I.A.2). For existing discharges, the
notification must be submitted no later than 90 days after the
effective date of this permit. For new dischargers, the notification
must be submitted at least 30 days prior to the beginning of a
discharge. Unless otherwise notified in writing by the Regional
Administrator after submission of the notification, operators
requesting coverage are authorized to discharge under this general
permit. Operators who fail to notify the Regional Administrator of
intent to be covered are not authorized to discharge under this general
permit.
Facilities which adversely affect properties listed or eligible for
listing in the National Register of Historic Places are not authorized
to discharge under this permit.
This permit shall become effective at midnight, Central Time on
February 14, 2000.
This permit and the authorization to discharge shall expire at
midnight, Central Time on February 14, 2005.
Signed this 23rd day of December, 1999.
William B. Hathaway,
Director, Water Quality Protection Division, EPA Region 6.
Part I.
Section A. Permit Applicability and Coverage Conditions
1. Discharges Covered
This permit covers discharges of facility waste water and contact
storm water from ready-mixed concrete plants, concrete products plants
and their associated facilities in Texas. This permit covers facilities
having Standard Industrial Classification (SIC) Codes 3273 (manufacture
of Ready-Mixed Concrete), 3272 (manufacture of concrete products,
except block and brick) and 3271 (manufacture of concrete block and
brick). This permit does not authorize the discharge of domestic
sewage.
Ready-mixed concrete plants are facilities, including temporary
concrete batch plants, primarily engaged in mixing and delivering
ready-mixed concrete as classified by SIC Code 3273.
Concrete products plants are facilities primarily engaged in
manufacturing concrete products as classified by SIC Code 3272, and
facilities primarily
[[Page 2168]]
engaged in manufacturing concrete building blocks and bricks from a
combination of cement and aggregate as classified by SIC Code 3271.
Associated facilities are facilities associated with ready-mixed
concrete plants or concrete products plants and establishments where
maintenance and washing of ready-mix vehicles (both interior and
exterior) or equipment occurs.
Contact storm water means storm water which comes in contact with
any raw material, product, by-product, co-product, intermediate or
waste material.
Domestic sewage means waterborne human or animal waste and waste
from domestic activities, such as washing, bathing and food
preparation.
Facility waste water means any waste water which is generated at
ready-mixed concrete plants, concrete products plants or associated
facilities authorized by this permit, but not including domestic
sewage.
2. Notice of Intent (NOI) To Be Covered
Dischargers desiring coverage under this general NPDES permit must
submit a Notice of Intent (NOI) which shall include the legal name and
address of the operator, the location of the discharge (including the
street address, if applicable, and the county of the facility for which
the notification is submitted), the name of the receiving water, and a
description of the facility(s) (ready-mixed concrete and/or concrete
products plant and associated facilities, whether contact storm water
is discharged). This NOI must be submitted within 90 days of the
effective date of this permit for existing discharges and, for new
discharges, at least 30 days before beginning the discharge.
NOI's must be submitted on a form provided by TNRCC. The form may
be obtained by telephoning Mr. Charles Eanes at (512) 239-4563, or by
writing Mr. Eanes at the following address: Mr. Charles Eanes, MC-148,
Texas Natural Resources Conservation Commission, P.O. Box 13087,
Austin, Texas 78711-3087.
Upon receipt of the notification, TNRCC will notify the facility of
its specific facility identification number that must be used on all
correspondence with the Commission.
3. Termination of Operations
When all discharges associated with activities authorized by this
permit are eliminated, or when the operator of the discharge associated
with activity at a facility changes, the operator of the facility must
submit a Notice of Termination that is signed in accordance with Part
II.D.11 of this permit. The Notice of Termination shall include the
following information: legal name, mailing address and telephone number
of the operator; the facility identification number assigned by the
Agency; and the location of the discharge.
Section B. Individual Permits
1. Any operator authorized by this permit may request to be
excluded from the coverage under this general permit by applying for an
individual permit. The operator shall submit an application together
with the reasons supporting the request to the Executive Director of
TNRCC.
2. When an individual NPDES permit is issued to an operator
otherwise subject to this general permit, the applicability of the
general permit to the permittee is automatically terminated on the
effective date of the individual permit.
Section C. General Permit Limits
--------------------------------------------------------------------------------------------------------------------------------------------------------
Parameter Daily max limit Sample type Monitoring frequency
--------------------------------------------------------------------------------------------------------------------------------------------------------
Flow................................ N/A............................................. Estimate....................... 1/month.
Oil and Grease...................... 15 mg/l......................................... Grab........................... 1/month.
Total Suspended Solids.............. 65 mg/l......................................... Grab........................... 1/month.
pH.................................. 6.0-9.0 Std. Units.............................. Grab........................... 1/month.
--------------------------------------------------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
Monthly Daily max Single grab
average limit limit limit
----------------------------------------------------------------------------------------------------------------
Arsenic(1)...................................................... .1 mg/l .2 mg/l .3 mg/l
Barium(1)....................................................... 1.0 mg/l 2.0 mg/l 4.0 mg/l
Cadmium(1) (Inland Waters)...................................... .05 mg/l .1 mg/l .2 mg/l
Cadmium(1) (Tidal Waters)....................................... .1 mg/l .2 mg/l .3 mg/l
Chromium(1)..................................................... .5 mg/l 1.0 mg/l 5.0 mg/l
Copper(1)....................................................... .5 mg/l 1.0 mg/l 2.0 mg/l
Lead(1)......................................................... .5 mg/l 1.0 mg/l 1.5 mg/l
Manganese(1).................................................... 1.0 mg/l 2.0 mg/l 3.0 mg/l
Mercury(1)...................................................... .005 mg/l .005 mg/l .01 mg/l
Nickel(1)....................................................... 1.0 mg/l 2.0 mg/l 3.0 mg/l
Selenium(1) (Inland Waters)..................................... .05 mg/l .1 mg/l .2 mg/l
Selenium(1) (Tidal Waters)...................................... .1 mg/l .2 mg/l .3 mg/l
Silver(1)....................................................... .05 mg/l .1 mg/l .2 mg/l
Zinc(1)......................................................... 1.0 mg/l 2.0 mg/l 6.0 mg/l
----------------------------------------------------------------------------------------------------------------
(1) Monitoring frequency shall be a minimum of once per year using grab samples. See Section I.D of this
permit.
There shall be no acute toxicity as determined by requiring greater
than 50% survival in 100% effluent using a 24 hour acute test. See
Section I.F of this permit. Monitoring shall be a minimum of once per
year using grab samples. See Section I.D of this permit.
Permittees are prohibited from causing or allowing any activity
pursuant to this permit which would be in violation of Title 30 Texas
Administrative Code, Chapter 213 (Edwards Aquifer rules).
Section D. Monitoring at Substantially Identical Storm Water Outfalls
Note: The requirements of this section apply to storm water only
outfalls. They do not apply to outfalls containing facility waste
water.
When a facility has two or more storm water outfalls that, based on
a consideration of industrial activity, significant materials, and
management practices and activities within the area drained by the
outfall, the permittee reasonable believes discharge
[[Page 2169]]
substantially identical effluents, the permittee may test the effluent
of one of such outfalls and report that the quantitative data also
applies to the substantialy identical outfalls provided that the
permittee includes in the storm water pollution prevention plan a
description of the location of the outfalls and explains in detail why
the outfalls are expected to discharge substantially identical
effluents. In addition, for each outfall that the permittee believes is
representative, an estimate of the size of the drainage area (in square
feet) and an estimate of the runoff coefficient of the drainage area
(e.g., low (under 40%), medium (40 to 65 %), or high (above 65%)) shall
be provided in the plan. The permittee shall include the description of
the location of the outfalls, explanation of why outfalls are expected
to discharge substantially identical effluents, and estimate of the
size of the drainage area and runoff coefficient with the Discharge
Monitoring Report.
Section E. Pollution Prevention Plan
A Pollution Prevention Plan shall be prepared and implemented for
each facility covered by this permit which discharges contact storm
water. The plan shall identify potential sources of pollution that may
reasonably be expected to affect the quality of contact storm water
discharges from the facility. In addition, the plan shall describe and
ensure the implementation of practices that are to be used to reduce
the pollutants in contact storm water discharges at the facility and to
assure compliance with the terms and conditions of this permit.
Facilities must implement the provisions of the storm water pollution
prevention plan as a condition of this permit. The plan shall be signed
in accordance with Part II of the permit (Signatory Requirements) and
be retained onsite at the facility that generates the storm water
discharge in accordance with Part II (Retention of Records) of the
permit.
The Director, or authorized representative, may notify the
permittee at any time that the plan does not meet one or more of the
minimum requirements of this permit. Such notification shall identify
those provisions of the permit that are not being met by the plan, and
identify which provisions of the plan requires modifications in order
to meet the minimum requirements of this part. Within 30 days of such
notification, the permittee shall make the required changes to the plan
and shall submit to the Director a written certification that the
requested changes have been made.
The permittee shall amend the plan whenever there is a change in
design, construction, operation, or maintenance, that has a significant
effect on the potential for the discharge of pollutants to waters of
the United States or if the storm water pollution prevention plan
proves to be ineffective in eliminating or significantly minimizing
pollutants from sources identified in the contents of the plan, or in
otherwise achieving the general objectives of controlling pollutants in
the contact storm water discharges.
The plan shall include, at a minimum, the following items:
1. Pollution Prevention Team. Each plan shall identify a specific
individual or individuals within the facility organization as members
of a storm water Pollution Prevention Team that are responsible for
developing the storm water pollution prevention plan and assisting the
facility or plant manager in its implementation, maintenance and
revision. The plan shall clearly identify the responsibilities of each
team member. The activities and responsibilities of the team shall
address all aspects of the facility's storm water pollution prevention
plan.
2. Description of Potential Pollutant Sources. Each plan shall
provide a description of potential sources that may reasonably be
expected to add significant amounts of pollutants to storm water
discharges or that may result in the discharge of pollutants during dry
weather from separate storm sewers draining the facility. Each plan
shall identify all activities and significant materials that may
potentially be significant pollutant sources. Each plan shall include,
at a minimum:
a. Drainage. (i) A site map indicating an outline of the portions
of the drainage area of each storm water outfall that are within the
facility boundaries, each existing structural control measure to reduce
pollutants in storm water runoff, surface water bodies, locations where
significant materials are exposed to precipitation, locations where
major spills or leaks identified under Part c (Spills and Leaks),
below, have occurred, and the locations of the following activities
where such activities are exposed to precipitation: Fueling stations,
vehicle and equipment maintenance and/or cleaning areas, loading/
unloading areas, locations used for the treatment, storage or disposal
of wastes, liquid storage tanks, processing areas and storage areas.
Facilities shall also identify, on the site map, the location of any:
Bag house or other dust control device; recycle/sedimentation pond,
clarifier or other device used for the treatment of process wastewater
and the areas that drain to the treatment device. The map must indicate
the outfall locations and the types of discharges contained in the
drainage areas of the outfalls.
(ii) For each area of the facility that generates contact storm
water discharges with a reasonable potential for containing significant
amounts of pollutants, a prediction of the direction of flow, and an
identification of the types of pollutants that are likely to be present
in the storm water discharges. Factors to consider include the toxicity
of chemical; quantity of chemicals used, produced or discharged; the
likelihood of contact with storm water; and history of significant
leaks or spills of toxic or hazardous pollutants. Flows with a
significant potential for causing erosion shall be identified.
b. Inventory of Exposed Materials. An inventory of the types of
materials handled at the site that potentially may be exposed to
precipitation. Such inventory shall include a narrative description of
significant materials that have been handled, treated, stored or
disposed in a manner to allow exposure to storm water between the time
of 3 years prior to the date of the submission of a Notice of Intent
(NOI) to be covered under this permit and the present; method and
location of onsite storage or disposal; materials management practices
employed to minimize contact of materials with storm water runoff
between the time of 3 years prior to the date of the submission of a
Notice of Intent (NOI) to be covered under this permit and the present;
the location and a description of existing structural and nonstructural
control measures to reduce pollutants in storm water runoff; and a
description of any treatment the storm water receives.
c. Spills and Leaks. A list of significant spills and significant
leaks of toxic or hazardous pollutants that occurred at areas that are
exposed to precipitation or that otherwise drain to a storm water
conveyance at the facility after the date of 3 years prior to the date
of the submission of a Notice of Intent (NOI) to be covered under this
permit. Such list shall be updated as appropriate during the term of
the permit.
d. Sampling Data. A summary of existing discharge sampling data
describing pollutants in storm water discharges from the facility,
including a summary of sampling data collected during the term of this
permit.
e. Risk Identification and Summary of Potential Pollutant Sources.
A narrative description of the potential pollutant sources from the
following activities:
[[Page 2170]]
Loading and unloading operations, outdoor storage activities, outdoor
manufacturing or processing activities, significant dust or particulate
generating processes, and onsite waste disposal practices. The
description shall specifically list any significant potential source of
pollutants at the site and, for each potential source, any pollutant or
pollutant parameter (for example, Total Suspended Solids (TSS), etc.)
of concern shall be identified.
3. Measures and Controls. Each facility covered by this permit
shall develop a description of storm water management controls
appropriate for the facility, and implement such controls. The
appropriateness and priorities of controls in a plan shall reflect
identified potential sources of pollutants at the facility. The
description of storm water management controls shall address the
following minimum components, including a schedule for implementing
such controls:
a. Good Housekeeping. Good housekeeping requires the maintenance of
areas that may contribute pollutants to storm water discharges in a
clean, orderly manner.
(i) Facilities shall prevent or minimize the discharge of spilled
cement, aggregate (including sand or gravel), settled dust or other
significant materials in storm water from paved portions of the site
that are exposed to storm water. Measures used to minimize the presence
of these materials may include regular sweeping, or other equivalent
measures. The plan shall indicate the frequency of sweeping or other
measures. The frequency shall be determined based upon consideration of
the amount of industrial activity occurring in the area and frequency
of precipitation, but shall not be less than once per week when cement
or aggregate is being handled or otherwise processed in the area.
(ii) Facilities shall prevent the exposure of fine granular solids
such as cement to storm water. Where practicable, these materials shall
be stored in enclosed silos, hoppers or buildings, in covered areas, or
under covering.
b. Preventive Maintenance. A preventive maintenance program shall
involve routine inspection and maintenance of storm water management
devices (for example, cleaning oil/water separators, catch basins) as
well as inspecting and testing facility equipment and systems to
uncover conditions that could cause breakdowns or failures resulting in
discharges of pollutants to surface waters, and ensuring appropriate
maintenance of such equipment and systems.
c. Spill Prevention and Response Procedures. Areas where potential
spills that can contribute pollutants to storm water discharges can
occur, and their accompanying drainage points, shall be identified
clearly in the storm water pollution prevention plan. Where
appropriate, specifying material handling procedures, storage
requirements, and use of equipment such as diversion valves in the plan
should be considered. Procedures for cleaning up spills shall be
identified in the plan and made available to the appropriate personnel.
The necessary equipment to implement a clean up should be available to
personnel.
d. Inspections. Qualified facility personnel shall be identified to
inspect designated equipment and areas of the facility specified in the
plan. The inspection frequency shall be specified in the plan based
upon a consideration of the level of industrial activity at the
facility, but shall be a minimum of once per month while the facility
is in operation. The inspection shall take place while the facility is
in operation and shall at a minimum include all of the following areas
that are exposed to storm water at the site: Material handling areas,
above ground storage tanks, hoppers or silos, dust collection/
containment systems, truck wash down and equipment cleaning areas.
Tracking or follow-up procedures shall be used to ensure that
appropriate actions are taken in response to the inspections. Records
of inspections shall be maintained.
e. Employee Training. Employee training programs shall inform
personnel responsible for implementing activities identified in the
storm water pollution prevention plan or otherwise responsible for
storm water management at all levels of responsibility of the
components and goals of the storm water pollution prevention plan.
Training should address topics such as spill response, good
housekeeping, truck wash out procedures, equipment wash down procedures
and material management practices. The pollution prevention plan shall
identify periodic dates for such training.
f. Record Keeping and Internal Reporting Procedures. A description
of incidents (such as spills, or other discharges), along with other
information describing the quality and quantity of storm water
discharges shall be included in the plan required under this part.
Inspections and maintenance activities shall be documented and records
of such activities shall be incorporated into the plan.
g. Sediment and Erosion Control. The plan shall identify areas
that, due to topography, activities, or other factors, have a high
potential for significant soil erosion, and identify structural,
vegetative, and/or stabilization measures to be used to limit erosion.
h. Management of Runoff. The plan shall contain a narrative
consideration of the appropriateness of traditional storm water
management practices (practices other than those that control the
generation or source(s) of pollutants) used to divert, infiltrate,
reuse, or otherwise manage storm water runoff in a manner that reduces
pollutants in storm water discharges from the site. The plan shall
provide that measures that the permittee determines to be reasonable
and appropriate shall be implemented and maintained. The potential of
various sources at the facility to contribute pollutants to storm water
discharges (see Item 2 of this section--Description of Potential
Pollutant Sources) shall be considered when determining reasonable and
appropriate measures. Appropriate measures may include: reuse of
collected storm water (such as for a process or as an irrigation
source), inlet controls (such as oil/water separators), snow management
activities, infiltration devices, and wet detention/retention devices
or other equivalent measures.
4. Comprehensive Site Compliance Evaluation. Qualified personnel
shall conduct site compliance evaluations at appropriate intervals
specified in the plan, but, in no case less than once a year. Such
evaluations shall provide:
a. Areas contributing to contact storm water discharges, including
but not limited to: material handling areas, above ground storage
tanks, hoppers or silos, dust collection/ containment systems, truck
wash down and equipment. Cleaning areas shall be visually inspected for
evidence of, or the potential for, pollutants entering the drainage
system. Measures to reduce pollutant loadings shall be evaluated to
determine whether they are adequate and properly implemented in
accordance with the terms of the permit or whether additional control
measures are needed. Structural storm water management measures,
sediment and erosion control measures, and other structural pollution
prevention measures, such as recycle ponds, identified in the plan
shall be observed to ensure that they are operating correctly. A visual
inspection of equipment needed to implement the plan, such as spill
response equipment, shall be made.
b. Based on the results of the evaluation, the description of
potential
[[Page 2171]]
pollutant sources identified in the plan in accordance with Item 2 of
this section (Description of Potential Pollutant Sources) and pollution
prevention measures and controls identified in the plan in accordance
with Item 3 of this section (Measures and Controls) shall be revised as
appropriate within 2 weeks of such evaluation and shall provide for
implementation of any changes to the plan in a timely manner, but in no
case more than 12 weeks after the evaluation.
c. A report summarizing the scope of the evaluation, personnel
making the evaluation, the date(s) of the evaluation, major
observations relating to the implementation of the storm water
pollution prevention plan, and actions taken in accordance with Item
4.b, above, shall be made and retained as part of the storm water
pollution prevention plan for at least 3 years after the date of the
evaluation. The report shall identify any incidents of noncompliance.
Where a report does not identify any incidents of noncompliance, the
report shall contain a certification that the facility is in compliance
with the storm water pollution prevention plan and this permit. The
report shall be signed in accordance with signatory requirements of the
permit.
d. Where compliance evaluation schedules overlap with inspections
required under Item 3.d, above, the compliance evaluation may be
conducted in place of one such inspection.
Section F. Whole Effluent Toxicity Testing
24-Hour Acute Testing for Discharges into Fresh Receiving Waters
1. Scope and Methodology
a. The following test species shall be used:
Daphnia pulex and pimephales promelas (Fathead minnow) acute static
nonrenewal 24-hour toxicity tests. Use ``Methods for Measuring the
Acute Toxicity of Effluents and Receiving Waters to Freshwater and
Marine Organisms'' (EPA/600/4-90/027F) or the latest update thereof. A
minimum of 5 replicates with 8 organisms per replicate must be used in
the control and in each effluent dilution of this test.
b. The permittee shall test the effluent for lethality in
accordance with the provisions of this section. Such testing will
determine if an effluent sample meets the requirement of greater than
50% survival of the appropriate test organisms in 100% effluent for a
24-hour period.
c. The permittee shall submit the results of these tests on the
Discharge Monitoring Report.
d. In addition to an appropriate control (0% effluent), a 100%
effluent concentration shall be used in the toxicity tests.
2. Required Toxicity Testing Conditions
a. Control/dilution water--Control and/or dilution water used in
the test shall normally consist of a standard, synthetic, moderately
hard, reconstituted water of similar pH and alkalinity to the closest
downstream perennial water.
b. Control Survival--If more than 10% of the test organisms in any
control die within 24 hours, that test including the control and the
100% effluent shall be repeated with all results from both tests
reported as required in Item 3, below, of this section.
c. The permittee shall repeat a test, including the control and all
effluent dilutions, if the procedures and quality assurance
requirements defined in the test methods or in this permit are not
satisfied. A repeat test shall be conducted within the required
reporting period of any test determined to be invalid, in accordance
with Item 2.b of this section.
d. Sample Collection and Preservation--Samples shall be collected
at a point following the last treatment unit. One flow-weighted
composite sample representative of normal operating flows will be
collected from each outfall, and a discrete test will be run on each
composite sample. Samples shall be chilled to 4 degrees Centigrade
during collection, shipping, and/or storage. The toxicity tests must be
initiated within 36 hours after collection of the sample. The composite
sample must be collected such that the sample is representative of any
periodic episode of chlorination, biocide usage, or other potentially
toxic substance discharged on an intermittent basis.
3. Reporting
a. The permittee shall prepare a full report of the results of all
tests conducted pursuant to this Part in accordance with the Report
Preparation section of EPA/600/4-90/027F for every valid or invalid
toxicity test initiated, whether carried to completion or not. The
permittee shall retain each full report pursuant to the provisions of
Part II.C.3 of this permit. The permittee shall submit the information
contained in any full report upon the specific request of the Agency.
b. The permittee shall report the following results of each
toxicity test on the DMR in accordance with Part II.D.4 of this permit:
For pimephales promelas (Parameter No. TIE6D) and for daphnia pulex
(Parameter No. TIE3D) enter the following codes on the DMR:
``0'' if mean survival at 24 hours is greater than 50% in 100%
effluent;
``1'' if the mean survival at 24 hours is less than or equal to 50%
in 100% effluent.
24-Hour Acute Testing for Discharges Into Marine Receiving Waters
1. Scope and Methodology
a. The following test species shall be used:
Mysidopsis bahia (Mysid shrimp) and menidia beryllina (Inland
Silverside minnow) acute static nonrenewal 24-hour toxicity test. Use
``Methods for Measuring the Acute Toxicity of Effluents and Receiving
Waters to Freshwater and Marine Organisms'' (EPA/600/4-90/027F) or the
latest update thereof. A minimum of 5 replicates with 8 organisms per
replicate must be used in the control and in each effluent dilution of
this test.
b. The permittee shall test the effluent for lethality in
accordance with the provisions of this section. Such testing will
determine if an effluent sample meets the requirement of greater than
50% survival of the appropriate test organisms in 100% effluent for a
24-hour period.
c. The permittee shall submit the results of these tests on the
Discharge Monitoring Report.
d. In addition to an appropriate control (0% effluent), a 100%
effluent concentration shall be used in the toxicity tests.
2. Required Toxicity Testing Conditions
a. Control/dilution water--Control and/or dilution water used in
the test shall normally consist of a standard, synthetic, reconstituted
seawater.
b. Control Survival--If more than 10% of the test organisms in any
control die within 24 hours, that test including the control and the
100% effluent shall be repeated with all results from both tests
reported as required in Item 3, below, of this section.
c. Repeat Test--the permittee shall repeat a test, including the
control and all effluent dilutions, if the procedures and quality
assurance requirements defined in the test methods or in this permit
are not satisfied. A repeat test shall be conducted within the required
reporting period of any test determined to be invalid, in accordance
with Item 2.b of this section.
d. Sample Collection and Preservation--Samples shall be
[[Page 2172]]
collected at a point following the last treatment unit. One flow-
weighted composite sample representative of normal operating flows will
be collected from each outfall, and a discrete test will be run on each
composite sample. Samples shall be chilled to 4 degrees Centigrade
during collection, shipping, and/or storage. The toxicity tests must be
initiated within 36 hours after collection of the sample. The composite
sample must be collected such that the sample is representative of any
periodic episode of chlorination, biocide usage, or other potentially
toxic substance discharged on an intermittent basis.
3. Reporting
a. The permittee shall prepare a full report of the results of all
tests conducted pursuant to this Part in accordance with the Report
Preparation section of EPA/600/4-90/027F for every valid or invalid
toxicity test initiated, whether carried to completion or not. The
permittee shall retain each full report pursuant to the provisions of
Part II.C.3 of this permit. The permittee shall submit the information
contained in any full report upon the specific request of the Agency.
b. The permittee shall report the following results of each
toxicity test on the DMR in accordance with Part II.D.4 of this permit:
For menidia beryllina (Parameter No. TIE6B) and mysidopsis bahia
(Parameter No. TIE3E), enter the following codes on the DMR:
``0'' if mean survival at 24 hours is greater than 50% in 100%
effluent;
``1'' if the mean survival at 24 hours is less than or equal to 50%
in 100% effluent.
Part II
Section A. General Conditions
1. Introduction
In accordance with the provisions of 40 CFR Part 122.41, et. seq.,
this permit incorporates by reference ALL conditions and requirements
applicable to NPDES Permits set forth in the Clean Water Act, as
amended, (hereinafter known as the ``Act'') as well as ALL applicable
regulations.
2. Duty To Comply
The permittee must comply with all conditions of this permit. Any
permit noncompliance constitutes a violation of the Act and is grounds
for enforcement action, for terminating coverage under this permit, or
for requiring a permittee to apply for and obtain an individual NPDES
permit.
3. Toxic Pollutants
a. Notwithstanding Part II.A.4, if any toxic effluent standard or
prohibition (including any schedule of compliance specified in such
effluent standard or prohibition) is promulgated under Section 307(a)
of the Act for a toxic pollutant which is present in the discharge and
that standard or prohibition is more stringent than any limitation on
the pollutant in this permit, this permit shall be modified or revoked
and reissued to conform to the toxic effluent standard or prohibition.
b. The permittee shall comply with effluent standards or
prohibitions established under Section 307(a) of the Act for toxic
pollutants within the time provided in the regulations that established
those standards or prohibitions, even if the permit has not yet been
modified to incorporate the requirement.
4. Permit Flexibility
This permit may be modified, revoked and reissued, or terminated
for cause in accordance with 40 CFR 122.62-64. The filing of a request
for a permit modification, revocation and reissuance, or termination,
or a notification of planned changes or anticipated noncompliance, does
not stay any permit condition.
5. Property Rights
This permit does not convey any property rights of any sort, or any
exclusive privilege.
6. Duty To Provide Information
The permittee shall furnish to the Director, within a reasonable
time, any information which the Director may request to determine
whether cause exists for modifying, revoking and reissuing, or
terminating this permit, or to determine compliance with this permit.
The permittee shall also furnish to the Director, upon request, copies
of records required to be kept by this permit.
7. Criminal and Civil Liability
Except as provided in permit conditions on ``Bypassing'' and
``Upsets'', nothing in this permit shall be construed to relieve the
permittee from civil or criminal penalties for noncompliance. Any false
or materially misleading representation or concealment of information
required to be reported by the provisions of the permit, the Act, or
applicable regulations, which avoids or effectively defeats the
regulatory purpose of the Permit may subject the Permittee to criminal
enforcement pursuant to 18 U.S.C. 1001.
8. Oil and Hazardous Substance Liability
Nothing in this permit shall be construed to preclude the
institution of any legal action or relieve the permittee from any
responsibilities, liabilities, or penalties to which the permittee is
or may be subject under Section 311 of the Act.
9. State Laws
Nothing in this permit shall be construed to preclude the
institution of any legal action or relieve the permittee from any
responsibilities, liabilities, or penalties established pursuant to any
applicable State law or regulation under authority preserved by Section
510 of the Act.
10. Severability
The provisions of this permit are severable, and if any provision
of this permit or the application of any provision of this permit to
any circumstance is held invalid, the application of such provision to
other circumstances, and the remainder of this permit, shall not be
affected thereby.
B. Proper Operation and Maintenance
1. Need To Halt or Reduce Not a Defense
It shall not be a defense for a permittee in an enforcement action
that it would have been necessary to halt or reduce the permitted
activity in order to maintain compliance with the conditions of this
permit. The permittee is responsible for maintaining adequate
safeguards to prevent the discharge of untreated or inadequately
treated wastes during electrical power failure either by means of
alternate power sources, standby generators or retention of
inadequately treated effluent.
2. Duty To Mitigate
The permittee shall take all reasonable steps to minimize or
prevent any discharge in violation of this permit which has a
reasonable likelihood of adversely affecting human health or the
environment.
3. Proper Operation and Maintenance
a. The permittee shall at all times properly operate and maintain
all facilities and systems of treatment and control (and related
appurtenances) which are installed or used by permittee as efficiently
as possible and in a manner which will minimize upsets and discharges
of excessive pollutants and will achieve compliance with the conditions
of this permit. Proper operation and maintenance also
[[Page 2173]]
includes adequate laboratory controls and appropriate quality assurance
procedures. This provision requires the operation of backup or
auxiliary facilities or similar systems which are installed by a
permittee only when the operation is necessary to achieve compliance
with the conditions of this permit.
b. The permittee shall provide an adequate operating staff which is
duly qualified to carry out operation, maintenance and testing
functions required to insure compliance with the conditions of this
permit.
4. Bypass of Treatment Facilities
a. Bypass Not Exceeding Limitations
The permittee may allow any bypass to occur which does not cause
effluent limitations to be exceeded, but only if it also is for
essential maintenance to assure efficient operation. These bypasses are
not subject to the provisions of Parts II.B.4.b. and 4.c.
b. Notice
(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, within 24 hours, submit notice of an
unanticipated bypass as required in Part II.D.7.
c. 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 treatment facilities, retention of untreated wastes,
or maintenance during normal periods of equipment downtime. This
condition is not satisfied if adequate back-up equipment should have
been installed in the exercise of reasonable engineering judgment to
prevent a bypass which occurred during normal periods of equipment
downtime or preventive maintenance; and,
(c) The permittee submitted notices as required by Part II.B.4.b.
(2) The Director may allow an anticipated bypass after considering
its adverse effects, if the Director determines that it will meet the
three conditions listed at Part II.B.4.c(1).
5. Upset Conditions
a. Effect of an Upset
An upset constitutes an affirmative defense to an action brought
for noncompliance with such technology-based permit effluent
limitations if the requirements of Part II.B.5.b. are met. No
determination made during administrative review of claims that
noncompliance was caused by upset, and before an action for
noncompliance, is final administrative action subject to judicial
review.
b. Conditions Necessary for a Demonstration of Upset
A permittee who wishes to establish the affirmative defense of
upset shall demonstrate, through properly signed, contemporaneous
operating logs, or other relevant evidence that:
(1) An upset occurred and that the permittee can identify the
cause(s) of the upset;
(2) The permitted facility was at the time being properly operated;
(3) The permittee submitted notice of the upset as required by Part
II.D.7; and,
(4) The permittee complied with any remedial measures required by
Part II.B.2.
c. Burden of Proof
In any enforcement proceeding, the permittee seeking to establish
the occurrence of an upset has the burden of proof.
6. Removed Substances
Unless otherwise authorized, solids, sewage sludges, filter
backwash, or other pollutants removed in the course of treatment or
waste water control shall be disposed of in a manner such as to prevent
any pollutant from such materials from entering navigable waters.
C. Monitoring and Records
1. Inspection and Entry
The permittee shall allow the Director, or an authorized
representative, upon the presentation of credentials and other
documents as may be required by the law to:
a. Enter upon the permittee's premises where a regulated facility
or activity is located or conducted, or where records must be kept
under the conditions of this permit;
b. Have access to and copy, at reasonable times, any records that
must be kept under the conditions of this permit;
c. Inspect at reasonable times any facilities, equipment (including
monitoring and control equipment), practices or operations regulated or
required under this permit; and
d. Sample or monitor at reasonable times, for the purpose of
assuring permit compliance or as otherwise authorized by the Act, any
substances or parameters at any location.
2. Representative Sampling
Samples and measurements taken for the purpose of monitoring shall
be representative of the monitored activity.
3. Retention of Records
The permittee shall retain records of all monitoring information,
including all calibration and maintenance records and all original
strip chart recordings for continuous monitoring instrumentation,
copies of all reports required by this permit, and records of all data
used to complete the application for this permit, for a period of at
least 3 years from the date of the sample, measurement, report, or
application. This period may be extended by request of the Director at
any time.
4. Record Contents
Records of monitoring information shall include:
a. The date, exact place, and time of sampling or measurements;
b. The individual(s) who performed the sampling or measurements;
c. The date(s) and time(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.
5. Monitoring Procedures
a. Monitoring must be conducted according to test procedures
approved under 40 CFR Part 136, unless other test procedures have been
specified in this permit or approved by the Regional Administrator.
b. The permittee shall calibrate and perform maintenance procedures
on all monitoring and analytical instruments at intervals frequent
enough to insure accuracy of measurements and shall maintain
appropriate records of such activities.
c. An adequate analytical quality control program, including the
analyses of sufficient standards, spikes, and duplicate samples to
insure the accuracy of all required analytical results shall be
maintained by the permittee or designated commercial laboratory.
[[Page 2174]]
D. Reporting Requirements
1. Planned Changes
The permittee shall give notice to the Director as soon as possible
of any planned physical alterations or additions to the permitted
facility. Notice is required only when:
a. The alteration or addition to a permitted facility may meet one
of the criteria for determining whether a facility is a new source in
40 CFR part 122.29(b); or,
b. The alteration or addition could significantly change the nature
or increase the quantity of pollutants discharged. This notification
applies to pollutants which are subject neither to effluent limitations
in the permit, nor to notification requirements listed at part
II.D.10.a.
2. Anticipated Noncompliance
The permittee shall give advance notice to the Director of any
planned changes in the permitted facility or activity which may result
in noncompliance with permit requirements.
3. Transfers
Coverage under these permits is not transferable to any person
except after notice to the Director.
4. Discharge Monitoring Reports and Other Reports
The discharger shall report all analytical results on a Discharge
Monitoring Report (DMR) Form (EPA Form 3320-1) in accordance with the
``General Instructions'' provided on the form. Results of sampling
activities shall be submitted to the TNRCC's Enforcement Division (MC-
224) on a quarterly basis and should arrive by the 20th day in the
months of April, July, October and January. The permittee shall submit
the original DMR signed and certified as required by Part II.D.11 and
all other reports required by Part II.D. to the TNRCC at the following
address: Texas Natural Resources Conservation Commission, Attn: Water
Quality Management Information Systems Team, MC-224, P.O. Box 13087,
Austin, Texas 78711-3087.
5. Additional Monitoring by the Permittee
If the permittee monitors any pollutant more frequently than
required by this permit, using test procedures approved under 40 CFR
part 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 Discharge Monitoring Report (DMR). Such increased
monitoring frequency shall also be indicated on the DMR.
6. Averaging of Measurements
Calculations for all limitations which require averaging of
measurements shall utilize an arithmetic mean unless otherwise
specified by the Director in the permit.
7. Twenty-Four Hour Reporting
a. The permittee shall report any noncompliance which may endanger
health or the environment. Any information shall be provided orally to
the EPA Region 6 24-hour voice mail box telephone number 214-665-6593
within 24 hours from the time the permittee becomes aware of the
circumstances. A written submission shall be provided within 5 days of
the time the permittee becomes aware of the circumstances. The report
shall contain the following information:
(1) A description of the noncompliance and its cause;
(2) The period of noncompliance including exact dates and times,
and if the noncompliance has not been corrected, the anticipated time
it is expected to continue; and,
(3) Steps being taken to reduce, eliminate, and prevent recurrence
of the noncomplying discharge.
b. The following shall be included as information which must be
reported within 24 hours:
(1) Any unanticipated bypass which exceeds any effluent limitation
in the permit;
(2) Any upset which exceeds any effluent limitation in the permit;
and,
(3) Violation of a maximum daily discharge limitation for any
pollutants listed by the Director in Part II of the permit to be
reported within 24 hours.
c. The Director may waive the written report on a case-by-case
basis if the oral report has been received within 24 hours.
8. Other Noncompliance
The permittee shall report all instances of noncompliance not
reported under Parts II.D.4 and D.7 and Part I.C at the time monitoring
reports are submitted. The reports shall contain the information listed
at Part II.D.7.
9. Other Information
Where 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 in any report to the Director,
it shall promptly submit such facts or information.
10. Changes in Discharges of Toxic Substances
The permittee shall notify the Director as soon as it knows or has
reason to believe:
a. That any activity has occurred or will occur which would result
in the discharge, on a routine or frequent basis, of any toxic
pollutant listed at 40 CFR part 122, Appendix D, Tables II and III
(excluding Total Phenols) which is not limited in the permit, if that
discharge will exceed the highest of the following ``notification
levels'':
(1) One hundred micrograms per liter (100 ug/L);
(2) Two hundred micrograms per liter (200 ug/L) for acrolein and
acrylonitrile; five hundred micrograms per liter (500 ug/L) for 2,4-
dinitro-phenol and for 2-methyl-4,6-dinitrophenol; and one milligram
per liter (1 mg/L) for antimony;
(3) Five (5) times the maximum concentration value reported for
that pollutant in the permit application; or
(4) The level established by the Director.
b. That any activity has occurred or will occur which would result
in any discharge, on a non routine or infrequent basis, of a toxic
pollutant which is not limited in the permit, if that discharge will
exceed the highest of the following ``notification levels'':
(1) Five hundred micrograms per liter (500 ug/L);
(2) One milligram per liter (1 mg/L) for antimony;
(3) Ten (10) times the maximum concentration value reported for
that pollutant in the permit application; or
(4) The level established by the Director.
11. Signatory Requirements
All applications, reports, or information submitted to the Director
shall be signed and certified.
a. all permit applications shall be signed as follows:
(1) by a responsible corporate officer. For the purpose of this
section, a responsible corporate officer means:
(a) A president, secretary, treasurer, or vice-president of the
corporation in charge of a principal business function, or any other
person who performs similar policy or decision making functions for the
corporation; or,
(b) For a Corporation--The manager of one or more manufacturing,
production, or operating facilities employing more than 250 persons or
having gross annual sales or expenditures exceeding $25 million (in
second-quarter 1980 dollars), if authority to sign documents has been
[[Page 2175]]
assigned or delegated to the manager in accordance with corporate
procedures.
(2) For a Partnership or Sole Proprietorship--by a general partner
or the proprietor, respectively.
b. All Reports required by the permit and other information
requested by the Director shall be signed by a person described above
or by a duly authorized representative of that person. A person is a
duly authorized representative only if:
(1) The authorization is made in writing by a person described
above;
(2) The authorization specifies either an individual or a position
having responsibility for the overall operation of the regulated
facility or activity, such as the position of plant manager, operator
of a well or a well field, superintendent, or position of equivalent
responsibility, or an individual or position having overall
responsibility for environmental matters for the company. A duly
authorized representative may thus be either a named individual or an
individual occupying a named position; and,
(3) The written authorization is submitted to the Director.
c. Certification
Any person signing a document under this section shall make the
following certification:
``I certify under penalty of law that this document and all
attachments were prepared under my direction or supervision in
accordance with a system designed to assure that qualified personnel
properly gather and evaluate the information submitted. Based on my
inquiry of the person or persons who manage the system, or those
persons directly responsible for gathering the information, the
information submitted is, to the best of my knowledge and belief, true,
accurate, and complete. I am aware that there are significant penalties
for submitting false information, including the possibility of fine and
imprisonment for knowing violations.''
12. Availability of Reports
Except for applications, effluent data, permits, and other data
specified in 40 CFR 122.7, any information submitted pursuant to this
permit may be claimed as confidential by the submitter. If no claim is
made at the time of submission, information may be made available to
the public without further notice.
E. Penalties for Violations of Permit Conditions
1. Criminal
a. Negligent Violations. The Act provides that any person who
negligently violates permit conditions implementing Section 301, 302,
306, 307, 308, 318, or 405 of the Act is subject to a fine of not less
than $2,500 nor more than $25,000 per day of violation, or by
imprisonment for not more than 1 year, or both.
b. Knowing Violations. The Act provides that any person who
knowingly violates permit conditions implementing Sections 301, 302,
306, 307, 308, 318, or 405 of the Act is subject to a fine of not less
than $5,000 nor more than $50,000 per day of violation, or by
imprisonment for not more than 3 years, or both.
c. Knowing Endangerment. The Act provides that any person who
knowingly violates permit conditions implementing Sections 301, 302,
303, 306, 307, 308, 318, or 405 of the Act and who knows at that time
that he is placing another person in imminent danger of death or
serious bodily injury is subject to a fine of not more than $250,000,
or by imprisonment for not more than 15 years, or both.
d. False Statements. The Act provides that any person who knowingly
makes any false material statement, representation, or certification in
any application, record, report, plan, or other document filed or
required to be maintained under the Act or who knowingly falsifies,
tampers with, or renders inaccurate, any monitoring device or method
required to be maintained under the Act, shall upon conviction, be
punished by a fine of not more than $10,000, or by imprisonment for not
more than 2 years, or by both. If a conviction of a person is for a
violation committed after a first conviction of such person under this
paragraph, punishment shall be by a fine of not more than $20,000 per
day of violation, or by imprisonment of not more than 4 years, or by
both. (See Section 309.c.4 of the Clean Water Act)
2. Civil Penalties
The Act provides that any person who violates a permit condition
implementing Sections 301, 302, 306, 307, 308, 318, or 405 of the Act
is subject to a civil penalty not to exceed $27,500 per day for each
violation.
3. Administrative Penalties
The Act provides that any person who violates a permit condition
implementing Sections 301, 302, 306, 307, 308, 318, or 405 of the Act
is subject to an administrative penalty, as follows:
a. Class I Penalty. Not to exceed $11,000 per violation nor shall
the maximum amount exceed $27,500.
b. Class II Penalty. Not to exceed $11,000 per day for each day
during which the violation continues nor shall the maximum amount
exceed $137,500.
F. Definitions
All definitions contained in Section 502 of the Act shall apply to
this permit and are incorporated herein by reference. Unless otherwise
specified in this permit, additional definitions of words or phrases
used in this permit are as follows:
1. Act means the Clean Water Act (33 U.S.C. 1251 et. seq.), as
amended.
2. Administrator means the Administrator of the U.S. Environmental
Protection Agency.
3. Applicable effluent standards and limitations means all state
and Federal effluent standards and limitations to which a discharge is
subject under the Act, including, but not limited to, effluent
limitations, standards or performance, toxic effluent standards and
prohibitions, and pretreatment standards.
4. Applicable water quality standards means all water quality
standards to which a discharge is subject under the Act.
5. Associated facilities means facilities, including temporary
concrete batch plants, primarily engaged in mixing and delivering
ready-mixed concrete as classified by SIC Code 3273.
6. Bypass means the intentional diversion of waste streams from any
portion of a treatment facility.
7. Concrete products plants means facilities primarily engaged in
manufacturing concrete products as classified by SIC Code 3272, and
facilities primarily engaged in manufacturing concrete building blocks
and bricks from a combination of cement and aggregate as classified by
SIC Code 3271.
8. Contact storm water means storm water which comes in contact
with any raw material, product, by-product, co-product intermediate or
waste material.
9. Daily max discharge limitation means the highest allowable
``daily discharge'' during the calendar month.
10. Director means the Executive Director of TNRCC or an authorized
representative.
11. Domestic sewage means waterborne human or animal waste and
waste from domestic activities, such as washing, bathing and food
preparation.
12. Environmental protection agency means the U.S. Environmental
Protection Agency.
13. Facility (as defined in 40 CFR 122.2) means any NPDES ``point
source'' or any other facility or activity
[[Page 2176]]
that is subject to regulation under the NPDES program.
14. Facility waste water means any waste water which is generated
at ready-mixed concrete plants, concrete products plants or associated
facilities, but not including domestic sewage.
15. Grab sample means an individual sample collected in less than
15 minutes.
16. National pollutant discharge elimination system means the
national program for issuing, modifying, revoking and reissuing,
terminating, monitoring and enforcing permits, and imposing and
enforcing pretreatment requirements, under Sections 307, 318, 402, and
405 of the Act.
17. Ready-mixed concrete plants means facilities, including
temporary concrete batch plants, primarily engaged in mixing and
delivering ready-mixed concrete as classified by SIC Code 3273.
18. 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.
19. Upset means an exceptional incident in which there is
unintentional and temporary noncompliance with technology-based permit
effluent limitations because of factors beyond the reasonable control
of the permittee. An upset does not include noncompliance to the extent
caused by operational error, improperly designed treatment facilities,
inadequate treatment facilities, lack of preventive maintenance, or
careless or improper operation.
20. The term ``MGD'' shall mean million gallons per day.
21. The term ``mg/L'' shall mean milligrams per liter or parts per
million (ppm).
[FR Doc. 00-733 Filed 1-12-00; 8:45 am]
BILLING CODE 6560-50-P
