state of minnesota minnesota pollution control agencyaccepted by the mpca in the spring of 2012. the...

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520 Lafayette Rd. N.; St. Paul, MN 55155‐4194; 651‐296‐6300 (voice); 651‐282‐5332 (TTY)

Regional Offices: Duluth Brainerd Detroit Lakes Marshall Rochester Equal Opportunity Employer Printed on recycled paper containing at least 10% fibers from paper recycled by consumers

STATE OF MINNESOTA

Industrial Division

National Pollutant Discharge Elimination System (NPDES)/ State Disposal System (SDS) Permit MN0068969

PERMITTEE: PICO Northstar Hallock LLC FACILITY NAME: Northstar Agri Industries Hallock LLC RECEIVING WATER: County Ditch No. 8 (Class 2B,3C,4A,4B,5,6 water) CITY OR TOWNSHIP: Skane COUNTY: Kittson ISSUANCE DATE: June 24, 2013 EXPIRATION DATE: May 31, 2018 MODIFICATION DATE:

The state of Minnesota, on behalf of its citizens through the Minnesota Pollution Control Agency (MPCA), authorizes the Permittee to operate a disposal system at the facility named above and to discharge from this facility to the receiving water named above, in accordance with the requirements of this permit. The goal of this permit is to reduce pollutant levels in point source discharges and protect water quality in accordance with Minnesota and US statutes and rules, including Minn. Stat. chs. 115 and 116, Minn. R. chs. 7001, 7050, 7053, 7060, 7090, and the US Clean Water Act. This permit is effective on the issuance date identified above, as modified on . This permit expires at midnight on the expiration date identified above. Signature:

Jeff Udd, PE, for The Minnesota Pollution Control Agency Supervisor, Water Quality Permits Unit Water Section Industrial Division

Submit eDMRs Questions on this permit?

Submit via the MPCA Online Services Portal at For eDMR and other permit reporting issues, contact: https://netweb.pca.state.mn.us/private/ Belinda Nicholas, 651‐757‐2613.

Submit Other WQ Reports to: For specific permit requirements or permit compliance Attention: WQ Submittals Center status, contact: Bryant Swenson, 218‐846‐8110. Minnesota Pollution Control Agency

520 Lafayette Rd N General permit or NPDES program questions, contact: St Paul, MN 55155‐4194 MPCA, 651‐282‐6143 or 1‐800‐657‐3938.

Minnesota Pollution Control Agency


Permit MN0068969

Table of Contents

Permitted Facility Description 4

Topographic Map of Permitted Facility 7

Facility Flow Chart 8

Summary of Stations and Station Locations 9

Limits and Monitoring Requirements 10

Chapter 1. Surface Discharge Stations 14

1. Requirements for Specific Stations

2. Sampling Location

3. Surface Discharges

4. Winter Sampling Conditions

5. Discharge Monitoring Reports

6. Reporting Requirements

Chapter 2. Waste Stream Stations 15



3. Residual Industrial Solids

4. Sampling Frequency

5. Reporting

Chapter 3. Special Requirements 16

1. Special Requirements

Off‐Grade By‐Products

Alternative Disposal Plan

Chapter 4. Industrial Process Wastewater 16

1. Prohibited Discharges

2. Chemical Additives

3. Toxic Substance Reporting

4. Application for Permit Reissuance

Chapter 5. Land Application of Industrial By‐Products 18

1. Authorization

2. General Requirements

3. Plan for Sampling, Analysis, and Field Equipment Calibration

4. Limits and Monitoring Requirements

5. Site Suitability Criteria

6. Soil Sampling Requirements and Limits

7. Soil Suitability Requirements

8. Site Management, Limitations, and Restrictions

9. Additional Requirements ‐ Industrial By‐Products Supplying Nitrogen

Total Available Nitrogen

Maximum Allowable Nitrogen Application Rates

Application Management

10. Additional Requirements ‐ Industrial By‐Products Containing Pathogens

Site Restrictions for IBP Containing Pathogens

11. Notification Procedures


Permit MN0068969

Notification to MPCA

Local Notification

End of User Notification

12. Operator Certification

13. Records

14. Industrial By‐Product Storage

15. Annual Report

Chapter 6. Industrial Pond System 28

1. Authorization

2. Operation and Maintenance

Pond Performance Evaluation

Maintenance of Wastewater Ponds

Solids Removal

Inspection of Wastewater Ponds


4. Discharge Requirements

Chapter 7. Industrial Stormwater ‐‐ Sector U: Food & Kindred Products 32

1. Authorization

2. Water Quality Standards

3. Stormwater Pollution Prevention Plan

4. Employee Training Program

5. Inspection and Maintenance

6. Sedimentation Basin Design and Construction

7. Benchmark Monitoring Requirements

8. Reporting

9. Records

10. Notification

11. No Exposure

12. Definitions

Chapter 8. Total Facility Requirements 36


General Requirements

Sampling

Noncompliance and Enforcement

Release

Bypass

Operation and Maintenance

Changes to the Facility or Permit

Appendix: 47

1. IBP Appendix 2. IBP Site Notification Form 3. IBP Land Application Annual Report Form 4. IBP Land Application Transfer to Manure Storage Application Form 5. Stormwater Site Inspection Form 6. Stormwater Annual Report Form


Permit MN0068969

Facility Description Major Mod was done to include Industrial By‐Product (IBP) Land Application in the permit and also update the Stormwater Language. The facility plans to land apply canola cake year round (hauled out by a contractor and spread when crop and weather allow). There will not be any IBP Storage at the facility or land application sites, and this permit doesn’t authorize IBP storage at this time. The Northstar Agri Industries Hallock facility (Facility) is located to the southwest of the intersection of U.S. Highway 75 and County Road 10; Skane Township. The street address is 2100 U.S. Highway 75, Kennedy, in Kittson County, Minnesota. The industrial portion of the facility is located in the South ½ of the Southeast quarter of Section 1, Township 160 North, and Range 49 West. The plant will occupy an area of approximately 350 acres. The 3‐cell stabilization pond system is located in the South ½ or the Southeast Quarter in Section 1, at Township 160 North, Range 49 North. The treated water from the Stabilization ponds is discharged to Kittson County Ditch 8 with flows to the Red River of the North. Discharge has not occurred from Facility. The source water for all processes in the Facility is obtained from North Kittson Rural Water. The average daily incoming flow is 80,000 gallons per day (gpd). The Permittee operates a canola oilseed extraction manufacturing plant, which will process 2,000 short tons/day canola seeds. Waste streams emanating from the manufacturing plant will consist of: reverse osmosis concentrate, boiler blowdown, and industrial process wastewater. The seeds arrive to the Facility via semi‐trailer truck and railcar and are stored in onsite temporary bins. The seeds are then cleaned, conditioned, and rolled flat into “flakes.” Cooked flakes are then pressed to release 20 percent crude canola oil. The cooked flakes are then washed with commercial grade hexane which strips more oil from the flakes, which is known as the extraction process. The cooling tower will dissipate heat loads from the extraction process. From the extraction process comes two products: (1) commercial hexane‐laden cake and (2) miscella (including oil, commercial hexane, and water). The first product from the extraction process (termed meal cake) is heated to remove the as much excess hexane possible (which is piped to the solvent recovery system for reuse) and the cake is ground or pelletized and sold as animal feed. The second product (miscella) from the extraction process is separated to collect the crude oil which is further refined and sold. The oil from process stream two enters the refining process which removes gums, colors, tastes, and odorous compounds to create salad oil. The by‐products that are removed in the refining process are valuable and can be further used by other manufacturers. The source water is disinfected using a chlorine source prior to entering the distribution system. Additional treatment of the incoming water is done before use at the facility. A water softener (to remove hardness), a single pass reverse osmosis (RO) system (for filling boilers or in other high water demand times) or double pass RO system during normal operation, and a lime softener (to take cooling tower blowdown and RO concentrate to reduce scale forming impurities). A recovery RO system is used to treat the outflow from the lime softening system. The process wastewater flow of 52.0 gpm (74,880 gpd) may be produced 345 days per year. The Facility will undergo annual shutdown periods of 10‐20 days. The water in the cooling tower must be treated to prevent scaling; the addition of chemicals also prevents scaling from impurities. Water drained from the cooling tower during blowdown processes is sent to the Facility’s wastewater treatment system (3‐cell stabilization pond) after pretreatment from a dissolved air floatation unit (DAF) used to remove oil and adjust the pH to near 7. The oil removed from the DAF is recycled back to the byproduct meal.


Permit MN0068969

The 3 cell stabilization treatment ponds have two primary cells and one secondary cell. The operating volumes of the cells are 5.5 million gallons each. The stabilization ponds were constructed in 2011. The East and Middle pond testing was accepted by the MPCA and put into service in 2011; the West pond was re‐tested and accepted by the MPCA in the spring of 2012. The wastewater treatment facility is designed to treat an influent flow volume of 53,710 gallons per day with an influent BOD₅ load of 254 pounds per day (lbs/day). The ponds are lined with clays native to the site. For erosion protection, riprap will be placed on the inside face of all dikes from one foot off the pond floor to within two vertical feel of the top of the dike. A vegetative cover is maintained on the inside face and the entire slope of the outside face of the dike. The sanitary wastewater stream is completely separate from all process wastestream and is not authorized under this permit. The sanitary wastewater generated at the Northstar Facility will be conveyed to a septic system. Following the biological treatment that occurs in the septic tanks, the sanitary wastewater is discharged into the proposed drain field (located north of the Facility). An additional surface discharge station was added in this permit reissuance named SD002 to monitor stormwater runoff from the Facility. The stormwater flow that comes into contact with the Facility is managed through roof drains and curbing around the Facility. Prevention of storm water contamination is achieved through Best Management Practices listed in the Facility SWPPP. The existing permit currently authorizes the discharge of stormwater associated with an industrial activity. Chemical Additives Chemical additives currently approved to discharge through include the following: Table 1: Boiler System Chemical Additives

Product Name Purpose Maximum Rate Dosage Frequency

Water Engineering Inc. Formula 1725

Antifoam 0.0144 gallons/day During upset conditions

Water Engineering Inc. Formula 1125C

Oxygen Scavenger 25 lbs/day Continuously

Water Engineering Formula 1242

Steam Line Treatment 8 lbs/day When the makeup water is not preforming efficiently


Scale Control 10lbs/day Continuously

Table 2: Cooling Tower System Chemical Additives

Product Name Purpose Maximum Rate Dosage Frequency

Formula 10 with Hawkins Formula Azone

15

Microbial Control Recirculating cooling water line

Continuously

Water Engineering Inc. Dow Formula 7287

Antimicrobial 0.3 gallons/day Intermittently to supplement continuous bleach

Hawkins Formula 77 pH Control 8 gallons/day Variable based on chlorine Demand

Hawkins Formula Azone 15

Antimicrobial 2 gallons/day Continuously

Eco Blend 2012 Biodispersant 2 gallons/day ; up to 40 gallons/year

Not Continuously


Scale Control 7lbs/ day Continuously


Permit MN0068969

In accordance with MPCA rules regarding nondegradation for all waters that are not Outstanding Resource Value Waters, nondegradation review is required for any new or expanded significant discharge (Minn. R. 7050.0185). A significant discharge is: (1) a new discharge (not in existence before January 1, 1988) that is greater than 200,000 gallons per day to any water other than a Class 7 water or (2) an expanded discharge that expands by greater than 200,000 gallons per day that discharges to any water other than a Class 7 water or (3) a new or expanded discharge containing any toxic pollutant at a mass loading rate likely to increase the concentration of the toxicant in the receiving water by greater than one percent over the baseline quality. The flow rate used to determine significance is the design maximum daily flow. The January 1, 1988, design maximum daily flow for this facility is 0 mgd. This Permit also complies with Minn. R. 7053.0275 regarding anti‐backsliding. Any point source discharger of sewage, industrial, or other wastes for which a NPDES permit has been issued by the MPCA that contains effluent limits more stringent than those that would be established by parts 7053.0215 to 7053.0265 shall continue to meet the effluent limits established by the permit, unless the permittee establishes that less stringent effluent limits are allowable pursuant to federal law, under section 402(o) of the Clean Water Act, United States Code, title 33, section 1342. The location of the facility and related sampling stations are shown on the following topographical map.


Permit MN0068969

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Permit Modified:

Permit Expires: May 31, 2018

Northstar Agri Industries Hallock LLCSummary of Stations

Permit #: MN0068969

Land Application Stations

Station Type of Station Local Name PLS LocationLA301 Non-biosolids WWT/Sludge Appl Site MJ10 NE Quarter of the Section 29, Township 159 North, Range 46

West

LA302 Non-biosolids WWT/Sludge Appl Site MJ11 NE Quarter of the Section 29, Township 159 North, Range 46West



LA305 Non-biosolids WWT/Sludge Appl Site MJ3 NW Quarter of the Section 6, Township 159 North, Range 48West

LA306 Non-biosolids WWT/Sludge Appl Site CG1 NE Quarter of the Section 8, Township 159 North, Range 46West




LA310 Non-biosolids WWT/Sludge Appl Site CG5 NW Quarter of the Section 8, Township 159 North, Range 46West

LA311 Non-biosolids WWT/Sludge Appl Site CG6 NW Quarter of the Section 8, Township 159 North, Range 46West

Waste Stream Stations

Station Type of Station Local Name PLS LocationWS301 Solids to Land Treatment/Application IBP to Land Application SE Quarter of the SE Quarter of the SW Quarter of the Section 1,

Township 160 North, Range 49 West

Surface Discharge Stations

Station Type of Station Local Name PLS LocationSD001 Effluent To Surface Water Stabilization Pond Discharge NW Quarter of the SW Quarter of the SE Quarter of Section 1,

Township 160 North, Range 49 West

SD002 Stormwater, Non-specific Runoff Stormwater Pond Discharge NE Quarter of the SW Quarter of Section 1, Township 160North, Range 49 West

Waste Stream Stations

Station Type of Station Local Name PLS LocationWS001 Influent Waste Influent to Stabilization Pond System Section 1, Township 160 North, Range 49 West

Northstar Agri Industries Hallock LLCLimits and Monitoring Requirements

DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFTThe Permittee shall comply with the limits and monitoring requirements as specified below.

Permit Modified:

Permit Expires: May 31, 2018 Permit #: MN0068969

LA 301, LA 302, LA 303, LA 304, LA 305, LA 306, LA 307, LA 308, LA 309, LA 310, LA 311

Parameter Limit Units Limit Type Effective Period Sample Type Frequency NotesOrganic Matter, Total In Soil Monitor

Only% Crop Year Maximum Sep-Aug Composite 1 x Year 8

pH MonitorOnly

SU Crop Year Maximum Sep-Aug Composite 1 x Year 8

Phosphorus, BRAY-1 Ext In Soil 200 ppm Crop Year Maximum Sep-Aug Composite 1 x Year 10

Phosphorus, Olson Ext in Soil 180 ppm Crop Year Maximum Sep-Aug Composite 1 x Year 10

Potassium, NH4AC, Exch In Soil MonitorOnly

ppm Crop Year Maximum Sep-Aug Composite 1 x Year 8

Salts, Water Soluble In Soil 4 mmh/cm Crop Year Maximum Sep-Aug Composite 1 x Year 8

SD 001

Parameter Limit Units Limit Type Effective Period Sample Type Frequency NotesBicarbonates (HCO3) Monitor

Onlymg/L Calendar Month Average Jan-Dec Grab 1 x Week 6

BOD, 05 Day (20 Deg C) 131 kg/day Calendar Month Average Jan-Dec Grab 2 x Week 4

BOD, 05 Day (20 Deg C) 25 mg/L Calendar Month Average Jan-Dec Grab 2 x Week 7

BOD, 05 Day (20 Deg C) 210 kg/day Maximum Calendar WeekAverage

Jan-Dec Grab 2 x Week 4

BOD, 05 Day (20 Deg C) 40 mg/L Maximum Calendar WeekAverage


Calcium, Total (as Ca) MonitorOnly

mg/L Calendar Month Average Jan-Dec Grab 1 x Week 1

Chloride, Total MonitorOnly


Flow 0 MG Calendar Month TotalIntervention

Jan-Mar, Jul, Aug Measurement 1 x Day 2

Flow MonitorOnly

mgd Calendar Month Average Apr-Jun, Sep-Dec Measurement 1 x Day

Flow MonitorOnly

MG Calendar Month Total Apr-Jun, Sep-Dec Measurement 1 x Day 9

Hardness, Calcium & Magnesium, Calculated (as CaCO3)

370 mg/L Calendar Month Average Jan-Dec Grab 2 x Week

Magnesium, Total (as Mg) MonitorOnly


Oil & Grease, Total 10 mg/L Calendar Month Average Jan-Dec Grab 2 x Week

Oil & Grease, Total 15 mg/L Daily Maximum Jan-Dec Grab 2 x Week

Oxygen, Dissolved MonitorOnly

mg/L Calendar Month Minimum Jan-Dec Grab 2 x Week 3

pH 9.0 SU Calendar Month Maximum Jan-Dec Grab 2 x Week 3

pH 6.0 SU Calendar Month Minimum Jan-Dec Grab 2 x Week 3

Phosphorus, Total (as P) MonitorOnly

kg/day Calendar Month Average Jan-Dec Grab 2 x Week 7

Phosphorus, Total (as P) 1.0 mg/L Calendar Month Average Jan-Dec Grab 2 x Week 7



Permit Modified:


SD 001

Parameter Limit Units Limit Type Effective Period Sample Type Frequency NotesPotassium, Total (as K) Monitor

Onlymg/L Calendar Month Average Jan-Dec Grab 1 x Week 1

Sodium, % Total Cations in meq/L 60 % Calendar Month Average Jan-Dec Grab 1 x Week

Solids, Total Dissolved (TDS) MonitorOnly


Solids, Total Suspended (TSS) 236 kg/day Calendar Month Average Jan-Dec Grab 2 x Week 4

Solids, Total Suspended (TSS) 45 mg/L Calendar Month Average Jan-Dec Grab 2 x Week 7

Solids, Total Suspended (TSS) 340 kg/day Maximum Calendar WeekAverage


Solids, Total Suspended (TSS) 65 mg/L Maximum Calendar WeekAverage


Specific Conductance MonitorOnly

umh/cm Calendar Month Average Jan-Dec Grab 1 x Week 1

SD 002

Parameter Limit Units Limit Type Effective Period Sample Type Frequency NotesBOD, Carbonaceous 05 Day (20 Deg C)

25 mg/L Calendar QuarterMaximum Intervention

Jan-Dec Grab 1 x Quarter

COD (Chemical Oxygen Demand) 120 mg/L Calendar QuarterMaximum Intervention


Nitrogen, Ammonia, Total (as N) 2.8 mg/L Calendar QuarterMaximum Intervention


Solids, Total Suspended (TSS) 100 mg/L Calendar QuarterMaximum Intervention


WS 001

Parameter Limit Units Limit Type Effective Period Sample Type Frequency NotesBOD, 05 Day (20 Deg C) Monitor

Onlykg/day Calendar Month Average Jan-Dec 24-Hour Flow

Composite2 x Week

BOD, 05 Day (20 Deg C) MonitorOnly

mg/L Calendar Month Average Jan-Dec 24-Hour FlowComposite

2 x Week

BOD, 05 Day (20 Deg C) MonitorOnly

mg/L Calendar Month Maximum Jan-Dec 24-Hour FlowComposite

2 x Week

BOD, 05 Day (20 Deg C) 254 kg/day Daily Maximum Jan-Dec 24-Hour FlowComposite

2 x Week

Flow MonitorOnly

mgd Calendar Month Average Jan-Dec Measurement,Continuous

1 x Day

Flow MonitorOnly

MG Calendar Month Total Jan-Dec Measurement,Continuous

1 x Day

Flow MonitorOnly

mgd Daily Maximum Jan-Dec Measurement,Continuous

1 x Day

Nitrogen, Ammonia, Total (as N) MonitorOnly

mg/L Calendar Month Average Jan-Dec Grab 2 x Week

Oil & Grease, Total MonitorOnly

mg/L Calendar Month Average Jan-Dec Grab 2 x Week

pH MonitorOnly

SU Calendar Month Maximum Jan-Dec Grab 2 x Week



Permit Modified:


WS 001

Parameter Limit Units Limit Type Effective Period Sample Type Frequency NotespH Monitor

OnlySU Calendar Month Minimum Jan-Dec Grab 2 x Week



2 x Week

Solids, Total Suspended (TSS) MonitorOnly


2 x Week

WS 301

Parameter Limit Units Limit Type Effective Period Sample Type Frequency NotesChloride, Dry Weight (as Cl) Monitor

Onlymg/kg Crop Year Maximum Sep-Aug Composite 1 x Year 5

Nitrogen, Ammonia, Dry Weight MonitorOnly

% Crop Year Maximum Sep-Aug Composite 1 x Year 5

Nitrogen, Kjeldahl, Total, Solid Fraction, Dry Weight

MonitorOnly


Oil & Grease, Total Recoverable (Hexane Extraction)

MonitorOnly

mg/kg Crop Year Maximum Sep-Aug Composite 1 x Year 5

pH, Sludge MonitorOnly

SU Crop Year Maximum Sep-Aug Composite 1 x Year 5



Sodium, Dry Weight (as Na) MonitorOnly

mg/kg Crop Year Maximum Sep-Aug Composite 1 x Year 5

Sodium, Total (as Na) 170 lbacyr Crop Year Maximum Sep-Aug Composite 1 x Year 5

Solids, Total MonitorOnly


Solids, Total Volatile, Percent of Total MonitorOnly




Permit Modified:


Notes:1 -- A reduction in monitoring may be requested after two years (minimum 10 samples) for this parameter.2 -- Acceptable Discharge Periods are March 1 through June 30 and September 1 through December 31 for facilities located in the Detroit Lakes,Brainerd and Duluth regions.3 -- Analyze immediately. Samples shall be collected from the final cell outlet control structure.4 -- Based on a maximum 6-inch per day drawdown rate from the 8.5 acre secondary cell.5 -- Refer to Table 2 of the 'Tables for Industrial By-Products Chapter' appendix of this permit to determine the minimum frequency of analysis forthese analytes. Samples must be representative of the industrial by-product land applied, and in some cases, the minimum frequencies of analysis willnot be adequate to achieve a representative sample. In this case, additional analysis may be required.6 -- Sample as HCO3. A reduction in monitoring may be requested after two years (minimum 10 samples) for this parameter.7 -- Samples shall be collected from the final cell outlet control structure.8 -- Soil testing must be conducted on each site that is used for land application within the 3-year period prior to the date that the land application isconducted. The soil tests submitted with the `Industrial By-Products Site Notification' form must be collected no greater than 6 months prior tosubmittal of the form. The composite sample shall consist of a mixture of 15-20 sub-samples taken in the plow layer for every 40 acres.9 -- The acceptable discharge periods are April 1 - June 30 and September 15 through December 15.10 -- The soil test method used for extractable phosphorus in soil is either the Bray P-1 test, or the Olson test; the Olson test procedure should be used ifthe soil pH is 7.4 or higher. Soil testing must be conducted on each site that is used for land application within the 3-year period prior to the date thatthe land application is conducted. The soil tests submitted with the `Industrial By-Products Site Notification� form must be collected no greater than 6months prior to submittal of the form. The composite sample shall consist of a mixture of 15-20 sub-samples taken in the plow layer for every 40 acres.


Northstar Agri Industries Hallock LLCPermit Modified:


Permit #: MN0068969

Chapter 1. Surface Discharge Stations


SD 001: Submit a monthly DMR monthly by 21 days after the end of each calendar month following permitissuance.

1.1

SD 002: Submit a quarterly DMR quarterly by 21 days after the end of each calendar quarter following permitissuance.

1.2


Samples for station SD001 shall be collected from the final cell outlet control structure prior to mixing withsurface waters.

Sampling shall be done only during periods of discharge from the treatment ponds for SD001. All other timesthe Permittee shall indicate that there was no discharge from the ponds by checking "No Discharge" or "NoFlow" on the eDMR form. Acceptable periods of discharge for SD001 are April1-June 30 and September 15through December 15.

2.1

Samples for SD002 (Discharge from Stormwater Pond) shall be collected from the outlet control structure of thestormwater pond only during periods of discharge, prior to mixing with surface waters or process wastewaters.

Samples shall only be taken when discharge is occurring from the pond to the ditch. If more than one sample iscollected during the quarter then the average shall be reported to the MPCA on the eDMR. If no dischargeoccurs from the pond to the ditch the Permittee shall indicate that no discharge occurred by checking the "NoDischarge"/"No Flow" option on the eDMR form.

2.2

Samples and measurements required by this permit shall be representative of the monitored activity.2.3

3. Surface Discharges

The Permittee shall maintain outlet protection measures at the discharge stations to prevent erosion.3.1

The discharge shall not degrade the aquatic habitat, which includes the waters of the state and stream bed, in anymaterial manner.

3.2

The discharge shall not seriously impair or endanger the normal fishery and lower aquatic biota upon which it isdependent. The species composition shall not be altered materially, and the propagation or migration of the fishor other biota normally present shall not be prevented or hindered by the discharge.

3.3

The discharge shall not in any manner render the receiving water unsuitable or objectionable for fishing, fishculture or recreational uses.

3.4

Irrespective of numeric effluent limitations, the pollution levels in the discharge shall not impair the receivingwater for its designated uses. Effluent limitations for conventional pollutants have been assigned based upon theassumption that the receiving water exhibits favorable flow and re-aeration characteristics during the acceptabledischarge period.

3.5

The discharge shall not cause or contribute to a material increase in undesirable slime growths or aquatic plants,including algae.

3.6

The discharge drawdown rate shall not exceed six inches per day, or a discharge volume greater than 1.377million gallons per day.

3.7

The thermal load of discharges shall not increase temperature levels in the receiving water over 5 degrees Fabove natural in streams based on monthly average of the maximum daily temperature.

3.8




Permit #: MN0068969

Chapter 1. Surface Discharge Stations

4. Winter Sampling Conditions

The Permittee shall sample flows at the designated monitoring stations including when this requires removing iceto sample the water. If the station is completely frozen throughout a designated sampling month, the Permitteeshall check the "No Discharge" box on the Discharge Monitoring Report (DMR) and note the ice conditions inComments on the DMR.

4.1

There shall be no discharge to ice covered receiving waters. Ice covered receiving water is defined as 100 percentice coverage from bank to bank regardless of the ice thickness.

4.2

5. Discharge Monitoring Reports

The Permittee shall submit monitoring results for discharges in accordance with the limits and monitoringrequirements for this station. If no discharge occurred during the reporting period, the Permittee shall check the"No Discharge" box on the Discharge Monitoring Report (DMR).

5.1

6. Reporting Requirements

All samples collected during the monitoring period shall be used in determining the reporting average,maximum, and minimum values.

6.1

Chapter 2. Waste Stream Stations


WS 001: Submit a monthly DMR monthly by 21 days after the end of each calendar month following permitissuance.

1.1


Grab and 24-hour composite samples from Station WS001 shall be collected at a point representative of totalinfluent flow to the waste water treatment facility.

2.1

3. Residual Industrial Solids

Samples shall be representative of the residual solids transported and shall be composited from at least fourdifferent locations in the containment area from which the residual solids are removed.

3.1

4. Sampling Frequency

Sampling is required only during periods of discharge to the stabilization pond system. If there is no dischargeduring the reporting period, the Permittee shall check the "No Discharge" box on the Discharge MonitoringReport (DMR).

4.1

5. Reporting

Individual monitoring results shall be reported on the Daily Values supplemental report form. Summarizedvalues shall be reported on the monthly Discharge Monitoring Report forms.

5.1

Chapter 3. Special Requirements


Off-Grade Byproducts




Permit #: MN0068969

Chapter 3. Special Requirements


Byproducts from manufacturing processes that can not be handled by the proposed markets due tocontamination, spoilage, infection, or poor grade shall be disposed of in a landfill that is authorized to accept thewaste, or at a publicly owned treatment works (POTW) consistent with the requirements of the NPDES/SDSpermit for the POTW. These materials include, but are not limited to oilseed meal and canola oil.

1.1

The Permittee shall notify the MPCA compliance staff identified on the cover of this permit within 24 hourswhen such wastes are generated. This notification shall include at least the following information:

a. Name and basic description of the materials generated;b. Origin of the material in the production process;c. Volume of the material generated;d. Physical and chemical characterization of the material;e. Explanation of why the material is being landfilled or handled by a POTW; andf. The name and location of the facility that will be handling the waste.

1.2

If an appropriate disposal facility has not yet been secured at the time of the notification, the Permittee shallnotify the MPCA compliance staff within 24 hours of securing an appropriate method for disposal.

1.3

Alternative Disposal Plan

The Permittee may submit, for MPCA review and approval, an Emergency Management and Disposal Plan(Emergency Plan) if the Permittee proposes disposal methods other than those identified in this permit. ThisEmergency Plan must be approved in writing by MPCA prior to implementation, and shall be submitted toMPCA at least 180 days before the proposed implementation date.

1.4

The Emergency Plan shall contain complete information as determined by MPCA in order to evaluate theproposed plan, including but not limited to plans and specifications, any necessary permit applications pertinentof the proposed disposal methods, and other technical information that is necessary to determine whether theproposal will meet all applicable statutes, rules, and limits.

1.5

A major permit modification will be necessary if the proposed method of disposal alters the composition of thewastewater generated by the processes covered under this permit, significantly changes the wastewater treatmentsystem, or requires an additional wastewater discharge.

1.6

Chapter 4. Industrial Process Wastewater

1. Prohibited Discharges

This permit does not authorize the discharge of sewage, wash water, scrubber water, spills, oil, hazardoussubstances, or equipment/vehicle cleaning and maintenance wastewaters to ditches, wetlands or other surfacewaters of the state.

1.1

The Permittee shall prevent the routing of pollutants from the facility to a municipal wastewater treatment systemin any manner unless authorized by the pretreatment standards of the MPCA and the municipal authority.

1.2

The Permittee shall not transport pollutants to a municipal wastewater treatment system that will interfere withthe operation of the treatment system or cause pass-through violations of effluent limits or water qualitystandards.

1.3




Permit #: MN0068969


2. Chemical Additives

The permittee has been approved for the following water treatment/ chemical additives in the cooling towersystem:

a. Formula 10 with Hawkins Formula Azone 15: used as Microbial Control used continuously recirculating in thecooling water line;b. Water Engineering Inc. Dow Formula 7287: used as an antimicrobial at a rate not to exceed 0.3 gallons perday, used intermittently to supplement continuous bleach;c. Hawkins Formula 77: Antiscalant used at a rate not to exceed 8 gallons per day variable based on chlorinedemand; andd. Hawkins Formula Azone 15: Antimicrobial used at a rate not to exceed 2 gallons per day at a continuousfrequency.e. Eco Blen 2012: Biodispersant used at a rate not to exceed 2 gallons per day and not to exceed 40 gallons peryear; andd. Water Engineering Formula 1810: Scale Control used on a continuous rate not to exceed 7 pounds per day.

2.1

The Permittee has been approved for the following water treatment/ chemical additives in the boiler system:

a. Water Engineering Inc. Formula 1125C: used as an Oxygen Scavenger at a rate not to exceed 25 pounds perday;b. Water Engineering Inc. Formula 1242: used for Steam Line Treatment at a rate not to exceed 8 pounds per daywhen the makeup water is not preforming efficiently; andc. Water Engineering Inc. Formula 1725: used as an Antifoam at a rate not to exceed 0.0144 gallons per dayduring upset conditions; andd. Water Engineering Formula 1310: used as a scale control on a continuous rate not to exceed 10 pounds perday.

2.2

The Permittee must maintain records of the daily usage for each approved water treatment chemical additivecited in the facility description section of this permit under table 1 and 2. These records must be kept for aminimum of three years at the facility and shall be available for MPCA review upon request.

2.3

3. Toxic Substance Reporting

The Permittee shall notify the MPCA immediately of any knowledge or reason to believe that an activity hasoccurred that would result in the discharge of a toxic pollutant listed in Minnesota Rules, pt. 7001.1060, subp. 4to 10 or listed below that is not limited in the permit, if the discharge of this toxic pollutant has exceeded or isexpected to exceed the following levels:

a. for acrolein and acrylonitrile, 200 ug/L;b. for 2,4-dinitrophenol and 2-methyl-4,6-dinitrophenol, 500 ug/L;c. for antimony, 1mg/L;d. for any other toxic pollutant listed in Minnesota Rules, pt. 7001.1060, subp. 4 to 10, 100 ug/L; ore. five times the maximum concentration value identified and reported for that pollutant in the permitapplication. (Minnesota Rules, pt. 7001.1090, subp. 2.A)

3.1

The Permittee shall notify the MPCA immediately if the Permittee has begun or expects to begin to use ormanufacture as an intermediate or final by-product a toxic pollutant that was not reported in the permitapplication under Minnesota Rules, pt. 7001.1050, subp. 2.J. (Minnesota Rules, pt. 7001.1090, subp. 2.B)

3.2


The permit application shall include analytical data as part of the application for reissuance of this permit. Theseanalyses shall be done on individual samples taken during the twelve-month period before the reissuanceapplication is submitted.

4.1




Permit #: MN0068969



The permit application shall include analytical data for at least the following parameters at monitoring stationSD001:

a. biochemical oxygen demand, total suspended solids, oil & grease, and pH;

b. nitrate-nitrite (as nitrogen), total organic nitrogen, total phosphorus, chloride, sulfate, bicarbonates, alkalinity,total salinity, hardness, total dissolved solids, and specific conductance.

4.2

The Permittee shall include, as part of the application for reissuance of this permit:

a. a current layout of the production facility;

b. a current configuration and sizing of stabilization pond system including all cells and the stormwaterdetention pond;

c. Completed 'Stabilization Pond Information Sheet' for all pond cells and related structure;

d. an updated water balance for the facility; and

e. a USGS Topographic map showing the facility and the stormwater and industrial wastewater treatmentsystems location and the route of the discharges along the drainageway until their discharges into Country DitchNo. 8.

4.3

Chapter 5. Land Application of Industrial By-Products

1. Authorization

This chapter authorizes the Permittee to land apply industrial by-products generated during the production andwastewater treatment process, as described in the 'Facility Description' section of this permit. This activity islimited by the 'Limits and Monitoring' section of this permit as well as the other terms and conditions of thispermit.

1.1




Permit #: MN0068969



Characterization of the industrial by-product at the time of permit application must indicate all of the eligibilityrequirements in this part are met.

a. The industrial by-product cannot be a hazardous waste.

b. Concentrations of any of the analytes in the industrial by-products cannot exceed the limits for the specifiedanalytes below. Industrial by-products cannot be diluted or mixed with other materials before this determinationhas been made.

Concentration limits for industrial by-products on a dry weight basis:

Total Arsenic: 41 mg/kgTotal Cadmium: 39 mg/kgTotal Copper: 1500 mg/kgTotal Lead: 300 mg/kgTotal Mercury: 5 mg/kgTotal Molybdenum: 75 mg/kgTotal Nickel: 420 mg/kgTotal Selenium: 100 mg/kgTotal Zinc: 2800 mg/kgTotal Dioxin equivalents: 10 parts per trillionTotal Polychlorinated biphenyls: 6 mg/kg

c. Annual application rates of the industrial by-product cannot exceed a sodium application rate limitation of 170lb/acre/year.

2.1

3. Plan for Sampling, Analysis, and Field Equipment Calibration

Submit a Sampling, Analysis and Field Equipment calibration plan to address storage, management, and landapplication schedules by 60 days after permit issuance. If the plan was submitted as a part of a previous permitterm, an updated version is acceptable under the terms of this permit.

3.1

The Sampling, Analysis and Field Equipment Calibration plan must include, but is not limited to the following:

a. A description of how samples will be collected to ensure representative samples of the industrial by-productland applied are obtained, which shall include the identification of sampling locations, and a description of asampling schedule;

b. A list of all parameters that will be analyzed, the frequency they will be analyzed, maximum holding times,and preservation methods that will be used;

c. The laboratory methods used for analysis and reporting limits necessary;

d. A schedule and detailed procedures which will be followed for calibration of field equipment to determineactual application rates of industrial by-product;

e. Example of record keeping forms that will be used for sampling, analysis, and equipment calibration;

f. Position of the person(s) responsible for sampling and calibration of field equipment; and

g. Description of measures and practices that will be implemented to provide reasonable assurance that the landapplication, staging and/or storage of industrial by-product will not cause nuisance conditions.

3.2




Permit #: MN0068969


4. Limits and Monitoring Requirements

Parameters

The 'Limits and Monitoring' section of this permit contains the parameters that must be analyzed in eachindustrial by-product that is land applied as well as the sampling frequency for the industrial by-product landapplied. If the facility produces more than one type of industrial by-product, it must analyze each industrialby-product individually. Analysis is not required for sweet corn silage. Analysis of "Oil and Grease, TotalRecoverable (Hexane Extraction)" is not required at facilities where oil and grease are not present in the waste.

4.1

5. Site Suitability Criteria

The criteria in this section detail the suitability of land application sites for receiving industrial by-products. Allcriteria within this section must be met for a site to qualify as being suitable for land application of an industrialby-product.

5.1

The Permittee is responsible for determining the suitability of the site for industrial by-product application,including a determination that the site meets the soil sample limitations identified above for Land ApplicationStations in the 'Limits and Monitoring' section of this permit, and the 'Site Suitability Criteria' of this part. ThePermittee shall submit this information to the Agency prior to land application according to the `NotificationProcedures' section of this chapter.

5.2

Slope Restrictions. The slope restrictions in Table 3 of the appendix to this permit apply to all sites used for landapplication of industrial by-products.

5.3

Separation Distances. The separation distances in Table 4 of the appendix to this permit shall be maintained onall land application sites.

5.4

6. Soil Sampling Requirements and Limits

Soil samples must be collected and analyzed within the three-year period prior to industrial by-productapplication for the parameters listed below:

Parameter Limit UnitsTexture (USDA textural classification)Organic Matter, Total in Soil Monitor Only %pH Monitor Only SUPhosphorus, BRAY-1 Ext in Soil 200 ppmPhosphorus, Olson Ext in Soil 180 ppm*Potassium, NH4AC, Exch In Soil Monitor Only ppmSalts, Water Soluble in Soil 4 mmho/cm

* The soil test method used for extractable phosphorus in the soil is either the Bray P-1 test, or the Olson test; theOlson procedure shall be used if the soil pH is 7.4 or higher.

A site shall not be used for land application until sample results are received and evaluated to determine soilsuitability.

If any of the soil limits are exceeded, the site shall not be used for land application by the Permittee until sampleresults show limits are met.

6.1

Soil samples shall be a composite sample consisting of a mixture of 15-20 sub-samples taken in the plow layer.A minimum of one composite sample per site is required. On sites that are greater than 40 acres in size, aminimum of one composite sample per 40 acres of area is required.

6.2




Permit #: MN0068969


7. Soil Suitability Requirements

The soil will be considered suitable if the site is used for growing a crop which is harvested and removed duringthe cropping year that the industrial by-product is land applied.

7.1

If the site does not meet this condition or the application site is set aside land (CRP), pasture land,non-agricultural land, or the industrial by-product contain pathogens, all the soil suitability criteria in a through c,below, must be met:

a. The soil texture at the zone of industrial by-product application must be fine sand, loamy sand, sandy loam,loam, silt, silt loam, sandy clay loam, clay loam, sandy clay, silty clay loam, silty clay or clay.

b. The depth to bedrock must be at least 3 feet, unless the soil is classified as a highly permeable soil, in whichcase the minimum depth is increased to 5 feet.

c. The depth to the seasonal high water table must be at least 3 feet, unless the soil is classified as a highlypermeable soil, in which case the minimum depth is increased to 5 feet.

7.2

On sites where tile drainage is installed, the depth to tile lines is considered the depth to the seasonal high watertable. Tiling must be adequate to ensure the three-foot separation distance can be maintained. Maps of the tilingsystem must be provided indicating their depth and placement in the field. Water tables classified as perched orepi-saturated by the Natural Resources Conservation Service are not considered to be the seasonal high watertable.

7.3

Soil suitability can be determined by obtaining information from soil surveys published by the Natural ResourcesConservation Service or by characterization of the site by a state of Minnesota licensed soil scientist or otherqualified person.

7.4


Annual Application Limits. Annual application rates of the industrial by-product cannot exceed a sodiumapplication rate limitation of 170 lb/acre/year.

8.1

Hydraulic Loading Limits. Hydraulic loading are set to prevent ponding and runoff from land application sites.The limitations specified in this part shall not cause any other application limits of this permit to be exceeded.

Daily application rates for industrial by-products which are surface applied are limited to:

a. 10,000 gallons/acre/day for fine textured surface soils with United States Department of Agriculture (USDA)textural classifications of clay loam, silty clay loam, sandy clay, silty clay;

b. 15,000 gallons/acre/day for medium textured surface soils with USDA textural classifications of loam, silt,silt loam, and sandy clay loam; and,

c. 25,000 gallons/acre/day for coarse textured surface soils with USDA textural classifications of sand, loamysand, and sandy loam.

8.2




Permit #: MN0068969



Winter Application. During the time that soils are frozen or snow covered, so that incorporation or injection isnot possible, the following requirements shall be met:

a. A maximum hydraulic loading rate of 15,000 gallons/acre/winter for liquid industrial by-product shall not beexceeded.

b. Applications are restricted to areas with 0 % to 2 % slopes.

c. All separation distances identified in Table 4 of the appendix to this permit must be maintained.

d. For the purposes of this permit, it is assumed that industrial by-product is unable to be incorporated or injectedduring the months of December, January, February, and March unless specific field or climatic conditions areobserved and documented appropriately in the Daily Hauling Record.

8.3

Additional measures may be necessary to prevent runoff of the material during the Spring thaw, such asinstallation of silt fences and berms and planting of grass buffer strips, to meet the requirement that no runoff ofthe industrial by-product from the application site is allowed.

8.4

Miscellaneous Management Practices/Restrictions. All of the following standards apply to the land applicationof industrial by-products.

a. No runoff of the industrial by-product from the application site is allowed. Management tools such asinstallation of silt fences and berms, and planting of grass buffer strips may be required to meet the no-runoffrequirement.

b. No ponding of liquid industrial by-products is allowed after 6 hours of application.

c. All of the industrial by-product land applied must be uniformly distributed over the area of the site usedduring application.

d. The application area must be clearly identified with flags, stakes, or other easily seen markers at the time ofapplication to identify the site boundaries, separation distances, and unsuitable application areas within the site.Where site boundaries can be identified by field roads, and fences, and so forth, identification is not necessary.

e. The industrial by-product must be immediately incorporated or injected on sites subject to flooding.

f. Application of the industrial by-product is not allowed on areas of a site ponded with water or industrialby-product.

g. Application of the industrial by-product is not allowed on areas that remain fallow for the entire croppingyear.

h. Liquid industrial by-products must be injected or immediately incorporated when applied on soil with asurface horizon permeability rate of less than 0.2 inches/hour.

i. The industrial by-product shall not be applied by spraying from public roads or across road right of wayswithout prior written MPCA approval.

8.5




Permit #: MN0068969



Nuisance conditions. Land application, staging and/or storage of industrial by-product shall be performed tominimize odors, noise, and vector attraction. The Permittee shall provide reasonable assurance that the landapplication, staging and/or storage of industrial by-product will not cause nuisance conditions. All aspects ofland application of the industrial by-product shall be considered in providing reasonable assurance, to includeloading, unloading, transportation, storage and land application of the industrial by-product, and shall bespecified in the Sampling, Analysis, and Field Calibration Equipment Plan.

8.6

9. Additional Requirements - Industrial By-Products Supplying Nitrogen

Total Available Nitrogen

For the purposes of this permit, the total quantity of nitrogen available for crop uptake during the cropping yearis the sum of available organic nitrogen and ammonia nitrogen.

a. Available organic nitrogen. The available organic nitrogen shall be determined by one of the methods initems i or ii:

i. The total quantity of organic nitrogen present in the industrial by-product will be considered 50% availableduring the cropping year it is applied and 25% the following cropping year (carry over nitrogen).

ii. The quantity of organic nitrogen available in the IBP during the cropping year it is applied and subsequentyears (carry over) will be determined by a mineralization study. The mineralization study will determine the rateand quantity of organic nitrogen mineralized during the cropping year it is applied and the rate and quantity ofnitrogen mineralized during the second cropping year after application. To be used for the purposes of thispermit, the mineralization study, including study protocol, must be approved by MPCA prior to initiation of thestudy.

b. Ammonia nitrogen. The quantity of ammonia nitrogen used for calculating total available nitrogen is equal to100% of the ammonia nitrogen contained in the industrial by-product when it is injected or immediatelyincorporated or 50% of the ammonia nitrogen when it is surface applied without immediate incorporation.

9.1

Maximum Allowable Nitrogen Application Rates

Maximum allowable nitrogen application rates shall be based on recommendations from the University ofMinnesota Extension Service. These recommendations are based on soil analyses, realistic crop yield goals, andpreviously grown crops. This information is available from the MPCA upon request. When information onrecommended nitrogen application rates is not readily available or agreed upon, MPCA written approval must beobtained for the nitrogen application rate proposed.

9.2

Maximum allowable nitrogen application rates for selected crops which do not have University of MinnesotaExtension Service recommendations for nitrogen are provided in Table 6 of the appendix to this permit.

9.3

Industrial by-products shall not be applied at rates that cause the annual maximum allowable nitrogen applicationrate to be exceeded. Maximum allowable nitrogen application rates must take into account all available nitrogensupplied by industrial and municipal by-products such as biosolids, compost and septage, and fertilizers appliedon the site.

9.4

Application Management




Permit #: MN0068969


9. Additional Requirements - Industrial By-Products Supplying Nitrogen

When no crop is grown on the application site during the time period between July 1 through August 31, thefollowing requirements apply:

a. Applications are limited to rates which supply no more than 50 pounds per acre of available nitrogen.

b. Available nitrogen for the following cropping year shall be the sum of the total amount of nitrogen appliedbetween July 1 and August 31 plus applicable carry over from earlier industrial by-product application.

9.5

The maximum application rate of an industrial by-product allowed after the second cutting of a hay crop shall notprovide more than 50 percent of the maximum allowable nitrogen based on the recommendations from theUniversity of Minnesota Extension Service or Table 6 in the appendix of this permit.

9.6

10. Additional Requirements - Industrial By-Products Containing Pathogens

Applicability. Industrial by-products containing pathogens have additional separation distances and siterestrictions which must be met (Table 5 of the appendix). For purposes of this permit, an industrial by-productwill be assumed to contain pathogens when it contains waste streams known or likely to contain pathogens,including wastes containing blood, animal feces and raw meats. All requirements of this section must be met forindustrial by-products containing pathogens.

10.1

Site Restrictions for Industrial By-Products Containing Pathogens

The restrictions on crop harvest and access restriction described below must be met on all land application siteswhen industrial by-products containing pathogen are land applied. If necessary, the area must be posted toensure these restrictions are being met. Minimum duration between time of application of an industrialby-product containing pathogens and harvest, grazing, and public access to the site are as follows:

a. For food crops whose harvested part may touch the soil/industrial by-product mixture, such as melons,squash, and tomatoes, the waiting period is 14 months.

b. For food crops whose harvested parts grow in the soil, such as potatoes and carrots, the waiting period is 38months. This waiting period can be reduced to a 20 month duration between application and harvest when theindustrial by-product is surface applied and stays on the soil surface four months or longer prior to incorporationinto the soil.

c. For feed, other food crops, such as field corn or sweet corn, hay, or fiber crop, the waiting period is 30 days.

d. For the grazing of animals, the waiting period is 30 days.

e. For public access to land with a high potential for exposure, including public contact sites, reclamation siteslocated in populated areas, turf farms, or plant nurseries, the waiting period is one year.

f. For public access to land with a low potential for exposure, including lands with infrequent public use such asagricultural land, forests, or reclamation sites located in an unpopulated area, the waiting period is 30 days.

10.2


Notification to MPCA




Permit #: MN0068969



Prior to the use of a site for land application of an industrial by-product for the first time, the Permittee shallsubmit a completed 'Industrial By-Products Land Application Site Application Form', at least 30 days prior toapplication of industrial by-product at the respective site. The soil test results submitted with this form shall becollected no greater than six (6) months prior to submittal of the form. This notification must be repeated if anyof the properties or conditions of the site changes, including a change in site name, site ownership, acreage used,soil types, slope and/or drainage capacity (tile lines). A copy of the form is included in the appendices sectionof this permit and is available electronically at http://www.pca.state.mn.us/water/landapp.html.

11.1

Prior to the use of a structure for the storage of an industrial by-product, the appropriate and respectivecertifications required by the Industrial By-Product Storage section of this permit shall be provided to theMPCA.

11.2

Local Notification

Before land application activities are initiated within a county, city or township for the first time, writtennotification shall be provided to local officials at least 30 days before initiating land application activities in therespective jurisdiction. The first time a Permittee applies an industrial by-product within a county, township, orcity, the Permittee must satisfy the following notification procedures:

a. Notify the county's Planning and Zoning or Solid Waste Officer (whichever is appropriate for the county) inwriting 30 days before the industrial by-product is land applied within the county; and,

b. Notify the township clerk in writing 30 days before the industrial by-product is land applied within thetownship; or,

c. Notify the mayor or other appropriate official of the city in writing 30 days before the industrial by-product island applied within the city limits.

11.3

Notifications must be dated and contain a description of how the industrial by-product will be managed duringland application, to include the following elements:

a. Description of the industrial by-product to be land applied, including a description of how the industrialby-product is produced, what nutrients/pollutants are present in the industrial by-product, and the limitingnutrient/pollutant in the industrial by-product being applied.

b. Description of how any staging and/or short-term storage of the industrial by-product will be conducted priorto land application.

c. Description of the applicable slope and setback requirements that will be followed during land application.

d. Response section must be provided to notify the local officials there is an opportunity to request additionalinformation regarding copies of records, testing information, individual site information, listing of all sites, etc;and/or a section to provide information to the generator of the waste, applicator(s) and land owner(s) of any localrequirements.

11.4

If any significant changes in the management of the industrial by-product described in the notification occur,including changes affecting the staging and/or storage of the industrial by-product, the notification process mustbe repeated.

11.5

End User Notification

For each site used for land application of the industrial by-product, the end user must receive, at a minimum, theinformation necessary to meet the requirements of this permit. This includes information such as actual nutrientapplication rates, any restrictions on the by-product use, crop restrictions, and so forth. The application ratesprovided to the end user should be the same nutrient loading rates submitted in the annual report.

11.6




Permit #: MN0068969



The end user must be provided with this information in writing as soon as possible and in no case more than 6weeks after application has been completed. Records demonstrating compliance with end user notification shallbe maintained in accordance with the Records section of this permit.

11.7

The Permittee shall inform end users that they should take appropriate credits for all plant nutrients supplied byindustrial and municipal by-products, manures, and fertilizers so that maximum allowable application rates arenot exceeded.

11.8

12. Operator Certification

All land application activities must be done by or under the supervision of a Type IV certified operator.12.1

The number of certified operators required for land application activities is subject to the requirements of Minn.R. 7048.0500.

12.2

13. Records

Record Retention. The following records shall be maintained at the facility for a minimum of three (3) years,and shall be available at the facility for review at any time by MPCA staff:

a. Copy of the submitted 'Site Notification Form' for each land application site, including the site map identifyingthe exact site location of the site, soil types on the site, and areas that are required to be excluded from use.

b. Documentation of site suitability of each site, including a copy of any lab results and other analyticalinformation related to the industrial by-product or site used for application.

c. Documentation of loading calculations for each site, including the maximum allowable industrial by-productapplication rate for each site being used during the current cropping year.

d. Documentation of acres used for application.

e. Daily hauling records which indicate quantities of industrial by-product transferred to storage or land appliedwith the storage or site location identified for each land application site or storage area/structure.

f. Sampling and calibration records as required by the Sampling, Analysis and Field Equipment Calibration Planas well as a copy of the submitted Sampling, Analysis, and Field Equipment Calibration Plan.

g. Copy of the submitted Industrial By-Products Annual Report Form and any other reported informationnecessary to prepare the Annual Report.

h. Copy of notification letter(s) and other information submitted to each city, county and township.

i. Copy of written information provided to each end user of the industrial by-product.

13.1

Record Retention continued:

j. Any approved plans or special approvals required by this permit; and

k. Copy of any forms required to be submitted by this permit.

13.2




Permit #: MN0068969


13. Records

The following information shall be maintained as the 'Daily Hauling Record,' organized by site or storagearea/structure for each site or storage unit used for the land application or storage of industrial by-productcovered by this permit, including manure storage structures and structures used for the storage of sweet cornsilage:

a. Name of site;

b. Date delivered to site/storage are/structure;

c. Date applied to site/removed from storage area/structure;

d. Volume applied/delivered to site/storage area/structure;

e. Application rate;

f. Visual observations of site, including but not limited to an indication of whether soils are frozen or snowcovered, such that incorporation or injection of industrial by-product is not possible; and

g. Running total of industrial by-product applied to site/added to storage unit during the cropping year.

Records for industrial by-product transferred to manure storage structures do not need to include items c, e or fabove; however these do need to indicate on the `Daily Hauling Record' whether three-foot freeboard existedwithin the manure storage structure at the time of transfer.

13.3

14. Industrial By-Product Storage

This permit does not authorize for storage of Industrial By- Products. If the facility would like to include thisoption in the future this would require a permit modification.

14.1

15. Annual Report

Submit an Industrial By-Product Land Application Annual Report by December 31 of each year followingpermit issuance. Report on the form provided by the MPCA in the appendices section of this permit or theAnnual Report form available electronically at http://www.pca.state.mn.us/water/landapp.html or another MPCAapproved form.

15.1




Permit #: MN0068969


15. Annual Report

The Industrial By-Product Land Application Annual Report must include the following information:

a. Total quantity of each industrial by-product land applied during the cropping year (if none land applied, thiscan be indicated on the form).

b. Results of all analyses conducted and the average of these analyses.

c. Site specific information:

i. Crops grown/vegetation receiving nutrient benefit;

ii. Realistic yield goal;

iii. Months site used;

iv. Soil analysis results;

v. Application rate of industrial by-product;

vi. Application rates for sodium, phosphorus, and nitrogen; and,

vii. Description of any management problems associated with land application that occurred during the croppingyear and how these problems have been or will be resolved.

15.2

The Permittee shall report monitoring results for the completed reporting period in the units specified by thispermit on the Industrial By-Product Land Application Annual Report form, as provided in the appendices sectionof this permit or electronically at http://www.pca.state.mn.us/water/landapp.html.

15.3

Chapter 6. Industrial Pond System

1. Authorization

This chapter authorizes the Permittee to manage wastewater in a pond system, as described in the 'FacilityDescription' section of this Permit. This activity is limited by the 'Limits and Monitoring' section of this Permit,as well as the other terms and conditions of this Permit.

1.1

The requirements of this chapter apply to all components of the permitted pond system, including but not limitedto all impoundments at the facility used for collection, containment, storage, and/or treatment; and all relatedstructures, conveyances, and/or appurtenances.

1.2


Pond Performance Evaluation

Submit Pond Performance Evaluation Report by 180 days after permit issuance.2.1




Permit #: MN0068969



The Pond Performance Evaluation report shall include at least the following elements for each wastewaterimpoundment at the Facility:

a. Pond performance data, calculations and graphs for each impoundment at the Facility. Pond performance dataincludes, but is not limited to, water balance data; influent and effluent flow data for the ponds, andcapacity/volume use comparisons.

b. A determination of whether the seepage requirements specified by part 2.3 of this chapter, relative to linerintegrity of each impoundment at the Facility are being met;

c. Completed "Stabilization Pond Information Sheet" form, which is included in the appendices section of thisPermit, for each impoundment at the Facility;

d. A certification from a registered professional engineer with expertise in wastewater structures that therespective impoundment at the Facility meets the technical criteria specified by parts 2.3, 2.4 and 2.5 of thischapter; or,

e. If the professional engineer can not certify that all impoundments meet the required technical criteria, a PondRestoration Plan shall be submitted for MPCA review and approval, to be completed by a registered professionalengineer with expertise in wastewater structures. The Pond Restoration Plan shall include, at minimum, aproposal of corrective actions for the restoration of any impoundment at the Facility to meet the technical criteriain parts 2.3, 2.4 and/or 2.5 of this chapter, and an implementation schedule for the proposed actions.

2.2

Maintenance of Wastewater Ponds

Liner Performance. Wastewater ponds at the facility shall maintain liner systems that restrict infiltration lossesto less than 500 gallons per acre per day if the pond was constructed after May 16, 1975 or less than 3,500gallons per acre per day if the pond was constructed before May 16, 1975.

2.3

Locational Standards. All of the following locational standards apply to any wastewater impoundment at theFacility:

a. The impoundment must be located entirely above the high water table. A minimum separation of 4 feet (1.2m)between the bottom of the pond and the maximum ground water elevation should be maintained.

b. The impoundment may not be located within a shoreland or wild and scenic river land use district governed byMinn. R. chapters 6105 and 6120.

c. The impoundment may not be located within a wetland.

d. The impoundment may not be located within a location where emissions of air pollutants would violate theambient air quality standards in Minn. R. chapters 7005, 7007, 7009, 7011, 7017, 7019, and 7028 and Minn. R.parts 7023.0100 to 7023.0120.

e. The impoundment may not be located in the designated Karst Region in the Southeastern portion of Minnesotathat was subject to the 1993 Administrative Order that required the preparation of a contingency plan.

f. The impoundment should not be located in an area which is unsuitable because of topography, geology,hydrology, or soils.

2.4




Permit #: MN0068969



Operating Depth. All of the following apply to impoundments at the Facility:

a. Except for impoundments lined with synthetic material, such as HDPE or PVC, impoundments that do notdischarge continuously shall maintain a minimum depth of 2 feet at all times, except for maintenance.

b. At least 3 feet freeboard on all impoundments and wastewater solids containment dams at the Facility shall bemaintained at all times.

c. Based on specific Facility conditions and upon demonstration of an acceptable alternative, an alternateperformance standard may be approved by the MPCA. Specific written authorization by the MPCA shall beobtained prior to implementing an alternately approved performance standard in lieu of item a. and/or b. of thispart.

2.5

An approved rip rap cover that meets MPCA's "Riprap Criteria for Stabilization Ponds" (5/91) shall bemaintained on any earthen wastewater impoundment dikes from one foot above the high water line to the toe ofthe dike. Where riprap is not used, the Permittee shall maintain a vegetative cover of shallow-rooted, perennial,low-growing grasses that withstand erosion and inundation and that can be mowed.

2.6

Plants with long root structures, such as alfalfa, reed canary, willows, poplars, cottonwoods, shrubs, and cattailsshall not be allowed to grow in the pond or on the dikes, regardless of water depth in the pond. Such harmfulvegetative growth shall be controlled and such plants removed from the pond and pond structure.

2.7

The Permittee shall use approved methods to prevent muskrats and other burrowing animals from tunneling andcausing damage to the pond liner or dikes.

2.8

The Permittee shall maintain a perimeter fence around the wastewater treatment system. Appropriate signsshould be provided along all fences to designate the nature of the facility and advise against trespassing. At leastone sign shall be provided on each side of the site, and one for every 500 feet of its perimeter.

2.9

In addition to the requirements of this Permit, the Permittee shall operate and maintain the pond system ingeneral accordance with MPCA's "Stabilization Pond Manual" (1999).

2.10

Solids Removal

Prior to the excavation or removal of solids from any wastewater pond at the facility, the Permittee shallimplement measures to maintain the integrity of the pond liner during the removal process.

2.11

A water balance evaluation shall be completed on the pond within seven months of each removal action, theresults of which shall be made available for MPCA review at the facility or upon request. The water balanceevaluation procedure is described in the MPCA document "Prefill and Water Balance Criteria (7/89)."

2.12

Ground water quality monitoring results shall be evaluated before and after the excavation or removal to assessthe potential impacts of the pond on ground water. Any significant changes shall be reported to the MPCA onthe next scheduled Discharge Monitoring Report.

2.13

No impact demonstration. The requirements of parts 2.12 and/or 2.13 of this Chapter can be foregone if thePermittee can successfully demonstrate that the removal action will not impact the liner of the wastewaterimpoundment, or the integrity thereof. To make this demonstration, submit a Removal Plan for MPCA reviewand approval at least 90 days prior to the anticipated removal date. The Removal Plan should include, at aminimum, a description of the proposed methodolog(ies) to be used for the excavation or removal or solids, anyproposed deviations from the water balance procedure cited in subpart a, above, and justification that the removalaction does not impact the liner of the wastewater impoundment. The requirement to comply with parts 2.12and/or 2.13 of this Chapter shall only be waived after written confirmation of approval of the Removal Plan bythe Agency.

2.14

Inspection of Wastewater Ponds




Permit #: MN0068969



The Permittee shall inspect the pond system weekly, and shall take measurements of pond water depth, estimatethe coverage of aquatic plants, floating mats and ice cover on the surface of the ponds, and note odors, thecondition of the dikes and the presence of muskrats. The Permittee shall maintain records of these weeklyinspections for the last three (3) years, and submit the results on the Discharge Monitoring Report (DMR)supplemental form.

2.15

The Permittee shall maintain daily precipitation records.2.16


By the end of each calendar five years following permit issuance, wastewater treatment ponds; relatedconveyances; and appurtenances to the pond system at the permitted facility shall be inspected and certified forstructural integrity, complete containment, and compliance with performance standards.

3.1

The inspection and certification shall be completed by a registered professional engineer with expertise inwastewater structures.

3.2

An inspection report shall be prepared by the professional engineer and submitted with the application for permitreissuance and/or every five years, whichever comes first.

3.3

If repairs are necessary as a result of the professional engineer's inspection, a detailed proposal for restorationshall be submitted to the Agency for review within 180 days of discovery, and at least 60 days prior to initiationof restoration work.

3.4

4. Discharge Requirements

Acceptable Discharge Periods are March 1 through June 30 and September 1 through December 31 for facilitieslocated in the Detroit Lakes, Brainerd and Duluth regions. The problem discharge periods are December 16through March 31 and July 1 through September 14.

4.1

Effluent limitations for this permit have been assigned based upon the assumption that the receiving watersexhibit favorable flow and reaeration characteristics during the acceptable discharge periods.

4.2

The discharge rate shall be limited so as not to create a shock load on the receiving waters, disturb the pondbottom sediment in the area of the intake of the outfall structure or flood downstream properties. If thedrawdown rate should exceed six (6) inches per day, call the MPCA at the appropriate regional office andindicate that the call is for notification of a pond discharge.

4.3

Pre-Discharge Sampling. The Permittee shall sample the wastewater in the final pond structure prior todischarge to ensure compliance with applicable discharge limitations. Pre-discharge sample results shall not besubmitted to the MPCA. The Permittee shall retain these records for at least three (3) years, and provide them tothe MPCA upon request.

4.4

If predischarge sample results indicate that one or more of the effluent limitations may be exceeded, thePermittee shall notify the MPCA of potential noncompliance prior to discharge. The Permittee shall call theMPCA at the appropriate regional office and indicate that the call is for notification of a pond discharge.

4.5

Pre-discharge samples shall be taken from four sides of the final impoundment and composited prior to dischargeand analyzed for permitted parameters. This sampling must be taken no more than two weeks prior to thebeginning of the discharge; dissolved oxygen and pH (both are field tests, and can not be composited) must betaken no more than 24 hours prior to the beginning of the discharge. If more than two weeks pass prior to thebeginning of discharge, additional pre-discharge samples shall be obtained and analyzed prior to discharge.

4.6




Permit #: MN0068969

Chapter 7. Industrial Stormwater -- Sector U: Food & Kindred Products

1. Authorization

This chapter authorizes the Permittee to discharge stormwater associated with industrial activity from industrialactivity associated with SIC code(s) 2079: Edible Fats and Oils (Sector U) and 2869: Industrial OrganicChemicals (Sector C) in accordance with the terms and conditions of this chapter.

1.1

This permit, unless specifically authorized by another chapter, does not authorize the discharge of sewage, washwater, scrubber water, floor drains from process areas, spills, oils, hazardous substances, or equipment/vehiclecleaning and maintenance wastewaters to ditches, wetlands, or other surface waters of the state.

1.2

2. Water Quality Standards

The Permittee shall operate and maintain the facility and shall control runoff, including stormwater, from thefacility to prevent the exceedance of water quality standards specified in Minnesota Rules, chs. 7050 and 7060.

2.1

The Permittee shall limit and control the use of materials at the facility that may cause exceedances of groundwater standards specified in Minnesota Rules, ch. 7060. These materials include, but are not limited to,detergents and cleaning agents, solvents, chemical dust suppressants, lubricants, fuels, drilling fluids, oils,fertilizers, explosives and blasting agents.

2.2

3. Stormwater Pollution Prevention Plan

The Permittee shall develop and implement a Stormwater Pollution Prevention Plan (SWPPP) to address thespecific conditions at the facility. The goal of the SWPPP is to eliminate or minimize contact of stormwater withsignificant materials that may result in pollution of the runoff. If contact cannot be eliminated or reduced,stormwater that has contacted significant material should be treated before it is discharged from the site.

Guidance for preparing the SWPPP can be found on the web at: http://www.pca.state.mn.us/r4ard68.

3.1

At a minimum, the SWPPP must include:

a. a description of appropriate Best Management Practices (BMPs) (including structural and non-structural) forprotection of surface and groundwater quality at the facility and a schedule for implementing the practices;b. a drainage map for the entire facility;c. an inventory of exposed significant materials;d. an evaluation of the facility areas with exposure of significant materials to stormwater;e. an evaluation of all discharge conveyances from the site; a preventative maintenance program;f. a spill prevention and response procedure; andg. procedures to be followed by designated staff employed by the Permittee to implement the SWPPP.

3.2

In addition, the SWPPP must include the following:

a. Facility Map. Identify where any of the following may be exposed to stormwater: vents and stacks fromcooking, drying, and similar operations; dry product vacuum transfer lines; animal holding pens; and spoiledproduct and broken product container storage areas.

b. Potential Pollutant Sources. Describe, in addition to food and kindred products processing-related industrialactivities; application and storage of pest control chemicals (e.g. rodenticides, insecticides, fungicides) used onplant grounds.

3.3

The SWPPP shall be developed and implemented within 180 days after permit issuance and shall be available forinspection.

3.4




Permit #: MN0068969


4. Employee Training Program

The Permittee must develop and implement an employee training program to inform appropriate personnel of thecomponents and goals of the SWPPP. At a minimum, training must address:

a. spill/leak prevention and response;b. good housekeeping;c. petroleum product management;d. process chemical management;e. fueling procedures;f. proper procedures for using fertilizer, herbicides, and pesticides;g. erosion and sedimentation controls;h. inspections;i. preventative maintenance;j. runoff management;k. materials management practices; andl. segregation of organic materials, raw materials, and products from contact with stormwater and precipitation.

The SWPPP must identify periodic dates for such training as well as personnel responsible for managing andimplementing the SWPPP and those responsible for the reporting requirements of this permit. This must includethe facility contact person as indicated on the permit application. Identified personnel must be available atreasonable times of operation.

Guidance regarding employee training programs is available on the web at: http://www.pca.state.mn.us/r4ard68.

4.1


The Permittee must develop and implement an inspection schedule that includes a minimum of one facilityinspection per calendar month. A total of two monthly inspections shall occur during runoff events, with at leastone being performed during snow melt. Inspections must be conducted by appropriately trained personnel at thefacility. The purpose of inspections is to:

1) determine whether structural and non-structural BMPs require maintenance or changes, and2) evaluate the completeness and accuracy of the SWPPP.

Inspection results and documentation must remain on-site whenever Permittee staff are available on the site andmust be available upon request. The inspection form is located on the MPCA's website at:http://www.pca.state.mn.us/r4ard68.

5.1

Inspections must be documented. Documentation must include the following information:

a. inspection date and time;b. weather conditions;c. inspector name;d. findings; ande. a description of any necessary corrective actions and a schedule for corrective action completion.

A copy of all inspection documentation must be stored with the SWPPP.

5.2




Permit #: MN0068969



In addition to the inspection requirements listed above, the following areas (including, but not limited to) must beinspected:

a. Waste management units;b. Vents and stacks associated with industrial activities;c. Spoiled product and broken product container holding areas;d. Animal holding pens;e. Staging areas; andf. Air pollution control equipment.

5.3

If conditions are observed at the site that require changes in the SWPPP, such changes must be made to theSWPPP prior to submission of the annual report for that calendar year.

5.4

If the findings of a site inspection indicate that BMPs are not meeting the objectives as identified above,corrective actions must be initiated within thirty days and the BMP restored to full operation as soon asconditions allow.

5.5

6. Sedimentation Basin Design and Construction

The Permittee is authorized to use designed infiltration devices or industrial stormwater ponds/sedimentationbasins for stormwater management. Stormwater ponds/sedimentation basins must be designed by a registeredprofessional engineer and installed under the direct supervision of a registered professional engineer. If a newstormwater pond/sedimentation basin will be constructed, the Permittee must follow the guidance located on thewebsite at: http://www.pca.state.mn.us/r4ard68.

6.1

7. Benchmark Monitoring Requirements

The Permittee must comply with the benchmark monitoring procedures and sample collection methods inaccordance with the Benchmark Monitoring Fact Sheet on the following website:http://www.pca.state.mn.us/r4ard68.

For the purposes of this permit, Benchmark Monitoring is reflected as intervention limits in the Limits andMonitoring section of this permit. Benchmark Monitoring results must comply with intervention limits asrequired.

7.1

The Permittee shall complete Benchmark Monitoring for the parameters and at the frequency identified in thelimits and monitoring requirements specified for the Surface Discharge Stormwater, Non-Specific RunoffStation. Specified parameters shall be sampled on a calendar quarter basis beginning the first full calenderquarter following permit issuance. Each quarterly sample may be collected at any time during the calendarquarter. Quarterly sample results must be averaged annually and the annual quarterly average must be reportedon the December electronic Discharge Monitoring Report (eDMR).

7.2

An exceedance of a benchmark monitoring intervention limit does not constitute a violation under this permit.However, the Permittee is required to perform any necessary corrective action(s) to address stormwater controlmeasures, including the maintenance or implementation of BMPs, when an exceedance of an applicablebenchmark value occurs. Failure to respond to any benchmark intervention limit exceedance is a violation of thepermit.

7.3

If benchmark monitoring intervention limits are exceeded, the Permittee shall modify the SWPPP, document allcorrective actions, and implement necessary non-structural BMPs within 60 days after discovery and structuralBMPs within 180 days after discovery of the exceedance.

7.4

8. Reporting

Submit a Stormwater Annual Report by February 28 of each year following permit issuance. A copy of theStormwater Annual Report Form is located on the MPCA's website at: http://www.pca.state.mn.us/r4ard68.

8.1




Permit #: MN0068969


8. Reporting

The Permittee shall, upon request of the Agency, submit within a reasonable time the information and reportsthat are relevant to compliance with this Chapter, including the Plan, inspection reports, annual reports, originallaboratory sheets from analyses conducted on the waste stream, and BMP plans and specifications.

8.2

9. Records

The SWPPP must be retained for the duration of the permit. A copy of the SWPPP must remain on the permittedsite whenever Permittee staff is on the site and be available upon request. The Permittee must maintain thefollowing records for the period of permit coverage:

a. dates and findings of inspections;b. completed corrective actions;c. documentation of all changes to the SWPPP; andd. a copy of all annual reports.

9.1

10. Notification

If the Permittee discharges stormwater into a regulated Municipal Separate Storm Sewer System (MS4), thePermittee must notify the operator of the first MS4 of the existence of this permit within 30 days of its issuance.

10.1

11. No Exposure

If the Permittee meets the eligibility criteria for No Exposure and is eligible for the conditional exclusion for NoExposure, as regulated by 40 CFR 122.26(b)(14)(i) through (ix) and (xi), it may submit:

a. a No Exposure certification to the MPCA in accordance with Minn. R. 7090.3060; andb. a permit application for a modification of the NPDES/SDS Permit.

11.1

The Permittee must apply to the MPCA for the No Exposure certification once every five years.11.2

The No Exposure exclusion is conditional. The facility must maintain a condition of No Exposure at the facilityin order for the No Exposure exclusion to remain applicable. In the event of any change or circumstance thatcauses exposure of industrial activities or materials to stormwater, the facility must comply with the stormwaterrequirements of this chapter.

11.3

The no exposure certification is non-transferrable in accordance with Minn. R. 7090.3060, subp. 5(D). In theevent that the facility operator changes, then the new operator must submit written notification of the change tothe MPCA, Attn: WQ Submittal Center, 520 Lafayette Road North, St Paul, Minnesota 55155-4194.

11.4

The MPCA retains the authority to require the facility operator to comply with the requirements of this chapter,even when an industrial operator certifies no exposure, if the MPCA has determined that the discharge iscontributing to the violation of, or interfering with the attainment or maintenance of water quality standards,including designated uses.

11.5

12. Definitions

"Best Management Practices" or "BMPs" means practices to prevent or reduce the pollution of waters of thestate, including schedules of activities, prohibitions of practices, other management practices, and also includestreatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge,waste disposal or drainage from raw material storage.

12.1

"No Exposure" means all industrial materials and activities are protected by a storm resistant shelter to preventexposure to rain, snow, snow melt, and/or runoff. Industrial activities or materials include, but are not limited to,material handling equipment or activities, industrial machinery, raw materials, intermediate products,by-products, final products, or waste products.

12.2




Permit #: MN0068969


12. Definitions

"Non-Stormwater Discharge" means any discharge not comprised entirely of stormwater discharges authorizedby a NPDES permit.

12.3

"Runoff" means any liquid that drains over land from any part of a facility.12.4

"Benchmark Monitoring Location" means the location(s) within the boundary of the facility where the Permitteewill collect stormwater samples for the purpose of compliance with the benchmark monitoring requirements ofthis permit. The benchmark monitoring location(s) shall be in a location that:

a. is below the most down-gradient BMP from the source of the industrial activity or significant materials, butprior to discharging from the Permittee's operational control;b. minimizes or eliminates sampling of stormwater from off-site sources (run-on); andc. yields a sample that best represents the contribution of pollutants the Permittee is required to monitor for inaccordance with the Benchmark Monitoring Requirements section of this permit, and that receives drainage froman area of industrial activities, processes, and significant materials exposed to stormwater.

12.5

Chapter 8. Total Facility Requirements


General Requirements

Definitions. Refer to the 'Permit Users Manual' found on the MPCA website (www.pca.state.mn.us) for standarddefinitions.

1.1

Incorporation by Reference. The following applicable federal and state laws are incorporated by reference in thispermit, are applicable to the Permittee, and are enforceable parts of this permit: 40 CFR pts. 122.41, 122.42,136, 403 and 503; Minn. R. pts. 7001, 7041, 7045, 7050, 7052, 7053, 7060, and 7080; and Minn. Stat. Sec. 115and 116.

1.2

Permittee Responsibility. The Permittee shall perform the actions or conduct the activity authorized by thepermit in compliance with the conditions of the permit and, if required, in accordance with the plans andspecifications and/or operations and maintenance manuals approved by the Agency. (Minn. R. 7001.0150, subp.3, item E)

1.3

Toxic Discharges Prohibited. Whether or not this permit includes effluent limitations for toxic pollutants, thePermittee shall not discharge a toxic pollutant except according to Code of Federal Regulations, Title 40,sections 400 to 460 and Minnesota Rules 7050, 7052, 7053 and any other applicable MPCA rules. (Minn. R.7001.1090, subp.1, item A)

1.4

Nuisance Conditions Prohibited. The Permittee's discharge shall not cause any nuisance conditions including,but not limited to: floating solids, scum and visible oil film, excessive suspended solids, material discoloration,obnoxious odors, gas ebullition, deleterious sludge deposits, undesirable slimes or fungus growths, aquatichabitat degradation, excessive growths of aquatic plants, acutely toxic conditions to aquatic life, or other adverseimpact on the receiving water. (Minn. R. 7050.0210 subp. 2)

1.5

Property Rights. This permit does not convey a property right or an exclusive privilege. (Minn. R. 7001.0150,subp. 3, item C)

1.6

Liability Exemption. In issuing this permit, the state and the MPCA assume no responsibility for damage topersons, property, or the environment caused by the activities of the Permittee in the conduct of its actions,including those activities authorized, directed, or undertaken under this permit. To the extent the state and theMPCA may be liable for the activities of its employees, that liability is explicitly limited to that provided in theTort Claims Act. (Minn. R. 7001.0150, subp. 3, item O)

1.7




Permit #: MN0068969



The MPCA's issuance of this permit does not obligate the MPCA to enforce local laws, rules, or plans beyondwhat is authorized by Minnesota Statutes. (Minn. R. 7001.0150, subp.3, item D)

1.8

Liabilities. The MPCA's issuance of this permit does not release the Permittee from any liability, penalty or dutyimposed by Minnesota or federal statutes or rules or local ordinances, except the obligation to obtain the permit.(Minn. R. 7001.0150, subp.3, item A)

1.9

The issuance of this permit does not prevent the future adoption by the MPCA of pollution control rules,standards, or orders more stringent than those now in existence and does not prevent the enforcement of theserules, standards, or orders against the Permittee. (Minn. R. 7001.0150, subp.3, item B)

1.10

Severability. The provisions of this permit are severable and, if any provisions of this permit or the applicationof any provision of this permit to any circumstance are held invalid, the application of such provision to othercircumstances and the remainder of this permit shall not be affected thereby.

1.11

Compliance with Other Rules and Statutes. The Permittee shall comply with all applicable air quality, solidwaste, and hazardous waste statutes and rules in the operation and maintenance of the facility.

1.12

Inspection and Entry. When authorized by Minn. Stat. Sec. 115.04; 115B.17, subd. 4; and 116.091, and uponpresentation of proper credentials, the agency, or an authorized employee or agent of the agency, shall beallowed by the Permittee to enter at reasonable times upon the property of the Permittee to inspect and copybooks, papers, records, or memoranda pertaining to the construction, modification, or operation of the facilitycovered by the permit or pertaining to the activity covered by the permit; and to conduct surveys and inspections,including sampling or monitoring, pertaining to the construction, modification, or operation of the facilitycovered by the permit or pertaining to the activity covered by the permit. (Minn. R. 7001.0150, subp.3, item I)

1.13

Control Users. The Permittee shall regulate the users of its wastewater treatment facility so as to prevent theintroduction of pollutants or materials that may result in the inhibition or disruption of the conveyance system,treatment facility or processes, or disposal system that would contribute to the violation of the conditions of thispermit or any federal, state or local law or regulation.

1.14

Sampling

Representative Sampling. Samples and measurements required by this permit shall be conducted as specified inthis permit and shall be representative of the discharge or monitored activity. (40 CFR 122.41 (j)(1))

1.15

Additional Sampling. If the Permittee monitors more frequently than required, the results and the frequency ofmonitoring shall be reported on the Discharge Monitoring Report (DMR) or another MPCA-approved form forthat reporting period. (Minn. R. 7001.1090, subp. 1, item E)

1.16

Certified Laboratory. A laboratory certified by the Minnesota Department of Health and/or registered by theMPCA shall conduct analyses required by this permit. Analyses of dissolved oxygen, pH, temperature, specificconductance, and total residual oxidants (chlorine, bromine) do not need to be completed by a certifiedlaboratory but shall be completed by equipment that is verified for accuracy before use. (Minn. Stat. Sec. 144.97through 144.98 and Minn. R. 4740.2010 and 4740.2050 through 4740.2120) (Minn. R. 4740.2010 and4740.2050 through 2120)

1.17

Sample Preservation and Procedure. Sample preservation and test procedures for the analysis of pollutants shallconform to 40 CFR Part 136 and Minn. R. 7041.3200.

1.18

Equipment Calibration: Flow meters, pumps, flumes, lift stations or other flow monitoring equipment used forpurposes of determining compliance with the permit shall be verified and/or calibrated for accuracy at least twiceannually. (Minn. R. 7001.0150, subp. 2, items B and C)

1.19




Permit #: MN0068969



Maintain Records. The Permittee shall keep the records required by this permit for at least three years, includingDMRs, inspections, calibration and accuracy verifications, maintenance records, any calculations, originalrecordings from field or automatic monitoring instruments, laboratory sheets, chain of custody forms, copies ofall reports required by the permit, and all data used to complete the permit application. The Permittee shallextend these record retention periods upon request of the MPCA.

The Permittee shall maintain records for each sample and measurement. The records of all monitoring and testingwhich is related to compliance with the terms and conditions of the permit shall include the followinginformation (Minn. R. 7001.0150, subp. 2, item C):

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

b. The date of analysis;

c. The name of the person(s) who performed the sample collection and/or measurement;

d. The name of the person(s) who performed the analysis and/or calculation;

e. The analytical techniques, procedures and methods used; and

f. The results of the analysis.

1.20

Completing Reports. The Permittee shall submit the results of the required sampling and monitoring activities onthe forms provided, specified, or approved by the MPCA. The information shall be recorded in the specifiedareas on those forms and in the units specified. (Minn. R. 7001.1090, subp. 1, item D; Minn. R. 7001.0150,subp. 2, item B)

Required forms may include:

DMR Sample Values and/or Operational Spreadsheets or DMR Supplemental Form:If required, individual values for each sample and measurement must be recorded on the DMR Sample Valuesand/or Operational Spreadsheets provided by the MPCA. DMR Sample Values and/or Operational Spreadsheetsor DMR Supplemental Forms shall be submitted with the appropriate eDMRs. Note: Required summaryinformation MUST be recorded on the electronic Discharge Monitoring Report. Summary information that issubmitted ONLY on the DMR Sample Values and/or Operational Spreadsheets or DMR Supplemental Formdoes not comply with the reporting requirements.

1.21




Permit #: MN0068969



Submitting Reports. Electronic Discharge Monitoring Reports (eDMRs), DMR Sample Values and/orOperational Spreadsheets or DMR Supplemental Forms, and related attachments shall be submittedelectronically via the MPCA Online Services Portal after authorization is approved. Authorization must beapplied for and approved prior to submittal via the Online Services Portal.

eDMRs and DMR Sample Values and/or Operational Spreadsheets or DMR Supplemental Forms shall beelectronically submitted by the 21st day of the month following the monitoring period end or as otherwisespecified in this permit. Electronic DMR submittal must be complete on or before 11:59 PM of the 21st day ofthe month following the end of the monitoring period or as otherwise specified in this permit. A DMR shall besubmitted for each required station even if no discharge occurred during the monitoring period. (Minn. R.7001.0150, subps. 2.B and 3.H)

If electronic submittal is not possible, the Permittee must apply for an exception to electronic submittal.Exceptions requests for extreme conditions (no computer on-site is not an extreme condition) must at a minimumcontain the extreme reason for the exception, actions to be taken, and date the facility will submit eDMR. Allexception requests, and paper DMRs, DMR supplemental forms, and related attachments must be submitted bythe 21st day of the month following the monitoring period end to:

MPCAAttn: Discharge Monitoring Reports520 Lafayette Road NorthSt. Paul, Minnesota 55155-4194

Other reports required by this permit shall be submitted on or before the due date specified in the permit to:

MPCAAttn: WQ Submittals Center520 Lafayette Road NorthSt. Paul, Minnesota 55155-4194

1.22

Incomplete or Incorrect Reports. The Permittee shall immediately submit an electronically amended report oreDMR to the MPCA upon discovery by the Permittee or notification by the MPCA that it has submitted anincomplete or incorrect report or eDMR. The amended report or eDMR shall contain the missing or correcteddata along with an explination of the circumstances of the incomplete or incorrect report. The explination mustbe added to the eDMR comments field or must be an attachment to the eDMR. If it is impossible to electronicallyamend the report or eDMR, the Permittee shall immediately notify the MPCA and the MPCA will providedirection for the amendment submittals. (Minn. R. 7001.0150 subp. 3, item G)

1.23

Required Signatures. All DMRs, forms, reports, and other documents submitted to the MPCA shall be signed bythe Permittee or the duly authorized representative of the Permittee. Minn. R. 7001.0150, subp. 2, item D. Theperson or persons that sign the DMRs, forms, reports or other documents must certify that he or she understandsand complies with the certification requirements of Minn. R. 7001.0070 and 7001.0540, including the penaltiesfor submitting false information. Technical documents, such as design drawings and specifications andengineering studies required to be submitted as part of a permit application or by permit conditions, must becertified by a registered professional engineer. (Minn. R. 7001.0540)

1.24




Permit #: MN0068969



Detection Level. The Permittee shall report monitoring results below the reporting limit (RL) of a particularinstrument as "<" the value of the RL. For example, if an instrument has a RL of 0.1 mg/L and a parameter is notdetected at a value of 0.1 mg/L or greater, the concentration shall be reported as "<0.1 mg/L." "Non-detected,""undetected," "below detection limit," and "zero" are unacceptable reporting results, and are permit reportingviolations. (Minn. R. 7001.0150, subp. 2, item B)

Where sample values are less than the level of detection and the permit requires reporting of an average, thePermittee shall calculate the average as follows:

a. If one or more values are greater than the level of detection, substitute zero for all nondetectable values to usein the average calculation.

b. If all values are below the level of detection, report the averages as "<" the corresponding level of detection.

c. Where one or more sample values are less than the level of detection, and the permit requires reporting of amass, usually expressed as kg/day, the Permittee shall substitute zero for all nondetectable values. (Minn. R. 7001.0150, subp. 2, item B)

1.25

Records. The Permittee shall, when requested by the Agency, submit within a reasonable time the informationand reports that are relevant to the control of pollution regarding the construction, modification, or operation ofthe facility covered by the permit or regarding the conduct of the activity covered by the permit. (Minn. R.7001.0150, subp. 3, item H)

1.26

Confidential Information. Except for data determined to be confidential according to Minn. Stat. Sec. 116.075,subd. 2, all reports required by this permit shall be available for public inspection. Effluent data shall not beconsidered confidential. To request the Agency maintain data as confidential, the Permittee must follow Minn.R. 7000.1300.

1.27

Noncompliance and Enforcement

Subject to Enforcement Action and Penalties. Noncompliance with a term or condition of this permit subjectsthe Permittee to penalties provided by federal and state law set forth in section 309 of the Clean Water Act;United States Code, title 33, section 1319, as amended; and in Minn. Stat. Sec. 115.071 and 116.072, includingmonetary penalties, imprisonment, or both. (Minn. R. 7001.1090, subp. 1, item B)

1.28

Criminal Activity. The Permittee may not knowingly make a false statement, representation, or certification in arecord or other document submitted to the Agency. A person who falsifies a report or document submitted to theAgency, or tampers with, or knowingly renders inaccurate a monitoring device or method required to bemaintained under this permit is subject to criminal and civil penalties provided by federal and state law. (Minn.R. 7001.0150, subp.3, item G., 7001.1090, subps. 1, items G and H and Minn. Stat. Sec. 609.671)

1.29

Noncompliance Defense. It shall not be a defense for the Permittee in an enforcement action that it would havebeen necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of thispermit. ( 40 CFR 122.41(c))

1.30




Permit #: MN0068969



Effluent Violations. If sampling by the Permittee indicates a violation of any discharge limitation specified inthis permit, the Permittee shall immediately investigate the cause of the violation, which may include but is notlimited to, collecting additional samples and/or other investigative actions. The Permittee shall also takeappropriate action to prevent future violations. If the permittee discovers that noncompliance with a condition ofthe permit has occurred which could endanger human health, public drinking water supplies, or the environment,the Permittee shall within 24 hours of the discovery of the noncompliance, orally notify the commissioner andsubmit a written description of the noncompliance within 5 days of the discovery. The written description shallinclude items a. through e., as listed below. If the Permittee discovers other non-compliance that does notexplicitly endanger human health, public drinking water supplies, or the environment, the non-compliance shallbe reported during the next reporting period to the MPCA with its Discharge Monitoring Report (DMR). If noDMR is required within 30 days, the Permittee shall submit a written report within 30 days of the discovery ofthe noncompliance. This description shall include the following information:

a. a description of the event including volume, duration, monitoring results and receiving waters;

b. the cause of the event;

c. the steps taken to reduce, eliminate and prevent reoccurrence of the event;

d. the exact dates and times of the event; and

e. steps taken to reduce any adverse impact resulting from the event. (Minn. R. 7001.0150, subp. 3k)

1.31

Upset Defense. In the event of temporary noncompliance by the Permittee with an applicable effluent limitationresulting from an upset at the Permittee's facility due to factors beyond the control of the Permittee, the Permitteehas an affirmative defense to an enforcement action brought by the Agency as a result of the noncompliance ifthe Permittee demonstrates by a preponderance of competent evidence:

a. The specific cause of the upset;

b. That the upset was unintentional;

c. That the upset resulted from factors beyond the reasonable control of the Permittee and did not result fromoperational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventativemaintenance, or increases in production which are beyond the design capability of the treatment facilities;

d. That at the time of the upset the facility was being properly operated;

e. That the Permittee properly notified the Commissioner of the upset in accordance with Minn. R. 7001.1090,subp. 1, item I; and

f. That the Permittee implemented the remedial measures required by Minn. R. 7001.0150, subp. 3, item J.

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Release

Unauthorized Releases of Wastewater Prohibited. Except for discharges from outfalls specifically authorized bythis permit, overflows, discharges, spills, or other releases of wastewater or materials to the environment,whether intentional or not, are prohibited. However, the MPCA will consider the Permittee's compliance withpermit requirements, frequency of release, quantity, type, location, and other relevant factors when determiningappropriate action. (40 CFR 122.41 and Minn. Stat. Sec 115.061)

1.33




Permit #: MN0068969



Discovery of a release. Upon discovery of a release, the Permittee shall:

a. Take all reasonable steps to immediately end the release.

b. Notify the Minnesota Department of Public Safety Duty Officer at 1(800)422-0798 or (651)649-5451 (metroarea) immediately upon discovery of the release. You may contact the MPCA during business hours at1(800)657-3864 or (651)296-6300 (metro area).

c. Recover as rapidly and as thoroughly as possible all substances and materials released or immediately takeother action as may be reasonably possible to minimize or abate pollution to waters of the state or potentialimpacts to human health caused thereby. If the released materials or substances cannot be immediately orcompletely recovered, the Permittee shall contact the MPCA. If directed by the MPCA, the Permittee shallconsult with other local, state or federal agencies (such as the Minnesota Department of Natural Resources and/orthe Wetland Conservation Act authority) for implementation of additional clean-up or remediation activities inwetland or other sensitive areas.

1.34

Sampling of a release. Upon discovery of a release, the Permittee shall:

a. Collect representative samples of the release. The Permittee shall sample the release for parameters of concernimmediately following discovery of the release. The Permittee may contact the MPCA during business hours todiscuss the sampling parameters and protocol. In addition, Fecal Coliform Bacteria samples shall be collectedwhere it is determined by the Permittee that the release contains or may contain sewage. If the release cannot beimmediately stopped, the Permittee shall consult with MPCA regarding additional sampling requirements.Samples shall be collected at least, but not limited to, two times per week for as long as the release continues.

b. Submit the sampling results on the Release Sampling Form(http://www.pca.state.mn.us/index.php/view-document.html?gid=18867). The Release Sampling Form shall besubmitted to the MPCA with the next DMR or within 30 days whichever is sooner.

1.35

Bypass

Anticipated bypass. The permittee may allow any bypass to occur which does not cause effluent limitations to beexceeded, but only if the bypass is for essential maintenance to assure efficient operation of the facility. Thepermittee shall submit prior notice, if possible at least ten days before the date of the bypass to the MPCA (40CFR 122.41(m)(2) and 122.41(m)(3) and Minn. R. Ch. 7001.1090, subp. 1, J).

The notice of the need for an anticipated bypass shall include the following information:

a. The proposed date and estimated duration of the bypass;

b. The alternatives to bypassing; and

c. A proposal for effluent sampling during the bypass. Any bypass wastewater must enter waters of the state fromoutfalls specifically authorized by this permit. Therefore, samples shall be collected at the frequency and locationidentified in this permit or two times per week for as long as the bypass continues, whichever is more frequent.

1.36




Permit #: MN0068969



All other bypasses are prohibited. The MPCA may take enforcement action against the Permittee for a bypass,unless the specific conditions described in Minn. R. Ch. 7001.1090 subp. 1, K and 122.41(m)(4)(i) are met.

In the event of an unanticipated bypass, the permittee shall:

a. Take all reasonable steps to immediately end the bypass.

b. Notify the Minnesota Department of Public Safety Duty Officer at 1(800)422-0798 or (651)649-5451 (metroarea) immediately upon commencement of the bypass. You may contact the MPCA during business hours at1(800)657-3864 or (651)296-6300 (metro area). (Minn. Stat. Sec 115.061)

c. Immediately take action as may be reasonably possible to minimize or abate pollution to waters of the state orpotential impacts to human health caused thereby. If directed by the MPCA, the Permittee shall consult withother local, state or federal agencies for implementation of abatement, clean-up, or remediation activities.

d. Only allow bypass wastewater as specified in this section to enter waters of the state from outfalls specificallyauthorized by this permit. Samples shall be collected at the frequency and location identified in this permit ortwo times per week for as long as the bypass continues, whichever is more frequent. The permittee shall alsofollow the reporting requirements for effluent violations as specified in this permit.

1.37

Operation and Maintenance

The Permittee shall at all times properly operate and maintain the facilities and systems of treatment and control,and the appurtenances related to them which are installed or used by the Permittee to achieve compliance withthe conditions of the permit. Proper operation and maintenance includes effective performance, adequatefunding, adequate operator staffing and training, and adequate laboratory and process controls, includingappropriate quality assurance procedures. The Permittee shall install and maintain appropriate backup orauxiliary facilities if they are necessary to achieve compliance with the conditions of the permit and, for allpermits other than hazardous waste facility permits, if these backup or auxiliary facilities are technically andeconomically feasible Minn. R. 7001.0150. subp. 3, item F.

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In the event of a reduction or loss of effective treatment of wastewater at the facility, the Permittee shall controlproduction or curtail its discharges to the extent necessary to maintain compliance with the terms and conditionsof this permit. The Permittee shall continue this control or curtailment until the wastewater treatment facility hasbeen restored or until an alternative method of treatment is provided. (Minn. R. 7001.1090, subp. 1, item C)

1.39

Solids Management. The Permittee shall properly store, transport, and dispose of biosolids, septage, sediments,residual solids, filter backwash, lime waste, screenings, oil, grease, and other substances so that pollutants do notenter surface waters or ground waters of the state. Solids should be disposed of in accordance with local, stateand federal requirements. (40 CFR 503 and Minn. R. 7041 and applicable federal and state solid waste rules)

1.40

Scheduled Maintenance. The Permittee shall schedule maintenance of the treatment works during non-criticalwater quality periods to prevent degradation of water quality, except where emergency maintenance is requiredto prevent a condition that would be detrimental to water quality or human health. ( Minn. R. 7001.0150. subp. 3,item F and Minn. R. 7001.0150. subp. 2, item B)

1.41

Control Tests. In-plant control tests shall be conducted at a frequency adequate to ensure compliance with theconditions of this permit. (Minn. R. 7001.0150. subp. 3, item F and Minn. R. 7001.0150. subp. 2, item B)

1.42

Changes to the Facility or Permit




Permit #: MN0068969



Except as provided under Minnesota Statutes, section 115.07, subdivisions 1 and 3, no person required by statuteor rule to obtain a permit may construct, install, modify, or operate the facility to be permitted, nor shall a personcommence an activity for which a permit is required by statute or rule until the agency has issued a writtenpermit for the facility or activity. (Minn. R. 7001.0030)

Permittees that propose to make a change to a facility or discharge that requires a permit modification mustfollow Minn. R. 7001.0190. If the Permittee cannot determine whether a permit modification is needed, thePermittee must contact the MPCA prior to any action. It is recommended that the application for permitmodification be submitted to the MPCA at least 180 days prior to the planned change.

1.43

Submittal of plans and specifications for MPCA approval is not required for routine maintenance work. Routinemaintenance work means installation of new equipment to replace worn out or broken items, provided the newequipment is the same design size and has the same design intent. For instance, a broken sewer pipe, a worn outlift station pump, or a malfunctioning aerator or blower can be replaced with the same design-sized equipment(or pipe) without MPCA approval.

If the proposed construction is not expressly authorized by this permit, it may require a permit modification. Ifthe construction project requires an Environmental Assessment Worksheet under Minn. R. 4410, no constructionshall begin until a negative declaration is issued and all approvals are received or implemented.

1.44

Report Changes. The Permittee shall give advance notice as soon as possible to the MPCA of any substantialchanges in operational procedures, activities that may alter the nature or frequency of the discharge, and/ormaterial factors that may affect compliance with the conditions of this permit. (Minn. R. 7001.0150, subp. 3,item M)

1.45

Chemical Additives. The Permittee shall receive prior written approval from the MPCA before increasing the useof a chemical additive authorized by this permit, or using a chemical additive not authorized by this permit, inquantities or concentrations that have the potential to change the characteristics, nature and/or quality of thedischarge.

The Permittee shall request approval for an increased or new use of a chemical additive at least 60 days, or assoon as possible, before the proposed increased or new use.

This written request shall include at least the following information for the proposed additive:

a. The process for which the additive will be used;b. Material Safety Data Sheet (MSDS) which shall include aquatic toxicity, human health, and environmentalfate information for the proposed additive. The aquatic toxicity information shall include at minimum the resultsof: a) a 48-hour LC50 or EC50 acute study for a North American freshwater planktonic crustacean (eitherCeriodaphnia or Daphnia sp.) and b) a 96-hour LC50 acute study for rainbow trout, bluegill or fathead minnowor another North American freshwater aquatic species other than a planktonic crustacean;c. A complete product use and instruction label;d. The commercial and chemical names and Chemical Abstract Survey (CAS) number for all ingredients in theadditive (If the MSDS does not include information on chemical composition, including percentages for eachingredient totaling to 100%, the Permittee shall contact the supplier to have this information provided); ande. The proposed method of application, application frequency, concentration, and daily average and maximumrates of use. (Minn. R. 7001.0170)

1.46




Permit #: MN0068969



Upon review of the information submitted regarding the proposed chemical additive, the MPCA may requireadditional information be submitted for consideration. This permit may be modified to restrict the use ordischarge of a chemical additive and include additional influent and effluent monitoring requirements.

Approval for the use of an additive shall not justify the exceedance of any effluent limitation nor shall it be usedas a defense against pollutant levels in the discharge causing or contributing to the violation of a water qualitystandard.

1.47

MPCA Initiated Permit Modification, Suspension, or Revocation. The MPCA may modify or revoke and reissuethis permit pursuant to Minn. R. 7001.0170. The MPCA may revoke without reissuance this permit pursuant toMinn. R. 7001.0180.

1.48

TMDL Impacts. Facilities that discharge to an impaired surface water, watershed or drainage basin may berequired to comply with additional permits or permit requirements, including additional restriction or relaxationof limits and monitoring as authorized by the CWA 303(d)(4)(A) and 40 CFR 122.44.l.2.i., necessary to ensureconsistency with the assumptions and requirements of any applicable US EPA approved wasteload allocationsresulting from Total Maximum Daily Load (TMDL) studies.

1.49

Permit Transfer. The permit is not transferable to any person without the express written approval of the Agencyafter compliance with the requirements of Minn. R. 7001.0190. A person to whom the permit has beentransferred shall comply with the conditions of the permit. (Minn. R., 7001.0150, subp. 3, item N)

1.50

Facility Closure. The Permittee is responsible for closure and post-closure care of the facility. The Permitteeshall notify the MPCA of a significant reduction or cessation of the activities described in this permit at least 180days before the reduction or cessation. The MPCA may require the Permittee to provide to the MPCA a facilityClosure Plan for approval.

Facility closure that could result in a potential long-term water quality concern, such as the ongoing discharge ofwastewater to surface or ground water, may require a permit modification or reissuance.

The MPCA may require the Permittee to establish and maintain financial assurance to ensure performance ofcertain obligations under this permit, including closure, post-closure care and remedial action at the facility. Iffinancial assurance is required, the amount and type of financial assurance, and proposed modifications topreviously MPCA-approved financial assurance, shall be approved by the MPCA. (Minn. Stat. Sec. 116.07,subd. 4)

1.51




Permit #: MN0068969



Permit Reissuance. If the Permittee desires to continue permit coverage beyond the date of permit expiration, thePermittee shall submit an application for reissuance at least 180 days before permit expiration. If the Permitteedoes not intend to continue the activities authorized by this permit after the expiration date of this permit, thePermittee shall notify the MPCA in writing at least 180 days before permit expiration.

If the Permittee has submitted a timely application for permit reissuance, the Permittee may continue to conductthe activities authorized by this permit, in compliance with the requirements of this permit, until the MPCA takesfinal action on the application, unless the MPCA determines any of the following (Minn. R. 7001.0040 and7001.0160):

a. The Permittee is not in substantial compliance with the requirements of this permit, or with a stipulationagreement or compliance schedule designed to bring the Permittee into compliance with this permit;

b. The MPCA, as a result of an action or failure to act by the Permittee, has been unable to take final action onthe application on or before the expiration date of the permit;

c. The Permittee has submitted an application with major deficiencies or has failed to properly supplement theapplication in a timely manner after being informed of deficiencies.

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