STATE OF MINNESOTA Minnesota Pollution … air‐conditioners are called evaporative coolers and the extraction of heat is ... additives are used in the evaporative cooler wastewater

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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 MN0062481 PERMITTEE: Cold Spring Granite Co FACILITY NAME: Cold Spring Granite Co RECEIVING WATER: County Road 158 Ditch (Class 7, 3C, 4A, 4B, 5, 6 Water) Sauk River (Class 2B, 3C, 4A, 4B, 5, 6 Water) Unnamed Wetland (Class 2D, 3D, 4C, 5, 6 Water) CITY OR TOWNSHIP: Wakefield Township COUNTY: Stearns ISSUANCE DATE: EXPIRATION 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 U.S. statutes and rules, including Minn. Stat. chs. 115 and 116, Minn. R. chs. 7001, 7050, 7053, 7060, 7090, and the U.S. Clean Water Act. This permit is effective on the issuance date identified above, and supersedes the previous permit that was issued for this facility on March 30, 2007. This permit expires at midnight on the expiration date identified above. Signature:

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

Submit DMRs to: Questions on this permit?

Attention: Discharge Monitoring Reports For DMR and other permit reporting issues, contact: Minnesota Pollution Control Agency Jennifer Satnik, 651‐757‐2692. 520 Lafayette Rd N

St Paul, MN 55155‐4194 For specific permit requirements or permit compliance status, contact: Submit Other WQ Reports to: Justin Barrick, 218‐316‐3858. Attention: WQ Submittals Center

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

Minnesota Pollution Control Agency

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Permit MN0062481

Table of Contents Permitted Facility Description 3 Topographic Map of Permitted Facility 7 Summary of Stations and Station Locations 9 Limits and Monitoring Requirements 10 Chapter 1. Industrial Process Wastewater 11 1. Authorization 2. Prohibited Discharges 3. Toxic Substance Reporting 4. Polychlorinated Biphenyls (PCBs) 5. Application for Permit Reissuance Chapter 2. Surface Discharge Stations 11 1. Requirements for Specific Stations 2. Special Requirements 3. Sampling Location 4. Surface Discharges 5. Winter Sampling Conditions 6. Discharge Monitoring Reports Chapter 3. Stormwater Management 13 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. Request for Termination of Stormwater Permit Coverage 12. Definitions Chapter 4. Industrial Pond System 20 1. Authorization 2. Special Requirements 3. Operation and Maintenance 4. Application for Permit Reissuance 5. Discharge Requirements Chapter 5. Total Facility Requirements 22

1. General Requirements


Permit MN0062481

Facility Description The Cold Spring Granite Company (Facility) permit covers activities for the Granite West Campus, Granite South Campus, and Granite East Campus. The Granite East Campus remains inactive and the Main Plant Campus was demolished in 2007. The Campus locations are as follows: Granite West Campus in NE ¼ of Section 20, Township 123N, Range 30W and also, in the SE ¼ of Section 17, Township 123 North, Range 30 West; Granite South Campus in the NW ¼ of Section 23, Township 123 North, and Range 30 West; and Granite East Campus in the SE ¼ of Section 14, Township 123 North, Range 30 West in Wakefield Township and the City of Cold Spring, Stearns County, Minnesota. Permitted activities for the Granite West, Granite South, and Granite East Campuses are described in the following sections and the following aerial maps. GRANITE WEST CAMPUS The principal activity at the Granite West Campus is the production of finished granite dimension stone. The secondary activity is the production of cast bronze plaques and vases. All activities are held within a number of buildings interconnected by gravel and tar roads, parking lots and granite slab storage yards. The gravel roads and storage areas are treated with chemicals for dust control, as needed. The storage yards outside the facilities are used to store equipment, fuel, non‐usable dimension stone, wood, empty containers, recyclable steel and concrete, dimension stone product, and non‐regulated waste. Make‐up and potable water at Granite West are supplied by 5 water supply wells on the property. These wells are approximately 30 feet deep in glacial deposits. The site also has an irrigation well in addition to the five water supply wells, which is used only for grounds maintenance. Other campus features include:

1. Rock Crushing Area – This is an area where cut‐off granite pieces are accumulated to be recycled into crushed aggregate. An independent contractor conducts the crushing operation and is required to hold the appropriate water discharge permit from the operation. The area has been constructed with a berm to contain all stormwater in the area with the exception of a 50‐foot wide by 500‐foot long vegetated filtration strip.

2. Sedimentation Basins – Process waste water generated on the West Campus is collected and

treated in a series of unlined sedimentation basins, which are used to settle out particulate (granite dust) into clarified industrial water. Effluent from the sedimentation basins flows by gravity into a lower unlined Equilibrium Pond, which is pumped back to the industrial water pit in the Water Treatment building to be reused in industrial processes at the Facility. Excess clarified water from the equilibrium pond is allowed to be discharged into the portion of the former gravel pit ponds. Discharge from the former gravel pit ponds, equalization pond, and sedimentation basins to waters of the state is not authorized under the terms and conditions of this permit.

3. The clarifier located in the Water Treatment building treats approximately two million gallons per day. The chemicals utilized in the clarifier are cationic and anionic polymers used to flocculate the solids for rapid settling rates. The tank also serves as a mixing tank for pH control by the addition of acid, as needed. Solids from the sedimentation basin system and water treatment building are periodically excavated and placed in an area at the Facility for dewatering. After dewatering, sediment is shaped into berms for vegetated landscaping and visual appeal of the property. This Permittee


Permit MN0062481

has requested approval for a case specific beneficial use determination for the disposal of the solids from the sedimentation basins to meet the Beneficial Use criteria specified by Minn. R. 7035.2860 through the MPCA solid waste program. The Beneficial Use Plan is not covered by this permit.

4. Fueling Station – Above Ground Storage Tanks are inside concrete secondary containment.

5. Jurisdictional Wetlands – Some wetlands are isolated within property boundaries and others are not isolated on the property.

Septic Sewage All of the facilities have a designated and properly operating septic tank drain field systems except for the Water Treatment Building, which utilizes a portable toilet. Industrial Waste Water Industrial wastewater routed to the Water Treatment building is generated by the following processes:

Cutting, grinding, polishing, and washing granite.

Floor cleanup in granite fabrication processes.

Gate cutting from bronze plaques (the bronze cuttings are collected in a sediment trap and then recycled).

Industrial dishwashers used to clean off aluminum patterns.

Aqueous parts washer overflow.

Vehicle and equipment wash by steam cleaner. Any other containerized aqueous liquid on the campus is transported in accordance with applicable Minnesota Rules. Non Contact Cooling Water Air Make‐up Units (AMU’s HE 013, HE 017, HE 018) in the foundry are used to cool the ambient air in the workspace for employees. The air‐conditioners are called evaporative coolers and the extraction of heat is accomplished by the evaporation of water. The water used in the process must be flushed out periodically to avoid favorable conditions towards the growth of bacteria. The wastewater is used for land application/landscape watering or added to the industrial process water for reuse. No chemical additives are used in the evaporative cooler wastewater. An average of 500 gallons per day are land applied during the summer. Non‐contact cooling water discharge to a wetland or runoff from the property is not allowed under the terms of the permit.


Permit MN0062481

Chemical Additives The following chemical additives may be used in the wastewater treatment facility:

Product Name Process in Which Used and Purpose

Frequency Average Rate of Use

Bleach Water Reclaim Building for Disinfection

Daily, continuous 36 gal/yr or 12.61 oz/day

Hydrochloric acid Water Reclaim Building for WW treatment


Purple Power Carwash Soap

Water Reclaim Building for WW treatment


WE‐A30P Anionic Polymer Water Reclaim Building to settle solids


WE‐C20 Cationic Polymer Water Reclaim Building to settle solids


Z‐90 Defoamer Water Reclaim Building for WW treatment


Caustic Soda Water Reclaim Building for pH adjustment

Daily, continuous 4000 gal/yr or 1401 oz/day

Stormwater Stormwater surface drainage from the Granite West property flows north and east in a non‐specific manner toward an unnamed wetland (class 2D, 3D, 4C, 5, and 6 water), south to an unnamed ditch to an infiltration basin on south side of County Road 158 (class 7, 3C, 4A, 4B, 5, 6 water), and west toward unnamed wetland (class 2D, 3D, 4C, 5, and 6 water) from the rock crushing area. On‐site stormwater detention ponds were constructed to treat runoff from new impervious areas as the site developed. Proposed stormwater monitoring locations, surface discharge stations SD 001 and SD 006‐011, are shown on the “Aerial Map of Granite West Campus and Stormwater Monitoring Locations” following. GRANITE SOUTH FACILITY Granite South currently produces “tumble stone” and “paver” landscaping stone as byproducts from excess stone stockpiled on site. Fabrication of the landscaping stone is a dry process. The flame finishing process that required use of water spray was relocated to the Granite West Campus. Potable water is provided by an on‐site well. The excess stone is used periodically in a crushing operation that is temporarily set‐up at the site, as needed. An independent contractor conducts the crushing operation and is required to hold the appropriate water discharge permit from the operation. All activities are held within a number of facilities interconnected by gravel roads, parking lots and granite slab storage yards. The storage yards outside the facilities are used to store equipment, fuel, rock waste, wood, empty containers, recyclable steel, dimension stone product, and non‐regulated waste. Activities performed at this site are gradually being phased out and transferred to the Granite West Campus. Operations at Granite South are expected to end during the next permit cycle. Sewage Granite South discharges sewage wastewater to a septic tank drain field system.


Permit MN0062481

Industrial Waste Water Industrial wastewater and sediment are no longer being generated at this site. Discharge to a wetland or other discharge to waters of the state from the Facility is not authorized under terms of the permit. Any other containerized aqueous liquid from Granite South is transported in accordance with applicable Minnesota Rules. Stormwater Surface drainage from Granite South flows in a non‐specific manner to unnamed ditches that flow to the Sauk River (class 2B, 3C, 4A, 4B, 5, and 6 water). The proposed stormwater monitoring location, SD 012, is shown on the “Aerial Map of Permitted Facility” below. GRANITE EAST CAMPUS This property is not currently used for industrial or production purposes. In the past, this property has been used for cutting granite blocks into slabs with emery wire saws, but there are no plans to reoccupy the property at this time. The location of designated monitoring stations is specified on the attached "Summary of Stations and Station Locations." The location of the facility is shown on the "Aerial Map of Permitted Facility" following.


Permit MN0062481


Permit MN0062481

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Cold Spring Granite CoSummary of Stations

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Permit #: MN0062481

Surface Discharge Stations

Station Type of Station Local Name PLS LocationSD001 Stormwater, Non-specific Runoff MP 1: Granite West Yard North NE Quarter of Section 20, Township 123 North, Range 30 West

SD006 Stormwater, Non-specific Runoff MP 2: Monuwest Yard North SE Quarter of the NE Quarter of Section 20, Township 123North, Range 30 West

SD007 Stormwater, Non-specific Runoff MP 3: Monuwest Road Culvert SE Quarter of the NE Quarter of Section 20, Township 123North, Range 30 West

SD008 Stormwater, Non-specific Runoff MP 4: Plate Storage NE Quarter of the NE Quarter of Section 20, Township 123North, Range 30 West

SD009 Stormwater, Non-specific Runoff MP 5: Granite West Yard South SE Quarter of the NE Quarter of Section 20, Township 123North, Range 30 West

SD010 Stormwater, Non-specific Runoff MP 6: Crushing Pad Culvert SE Quarter of the SE Quarter of Section 17, Township 123North, Range 30 West

SD011 Stormwater, Non-specific Runoff MP 7: Used Parts Storage Pad SW Quarter of the SE Quarter of Section 17, Township 123North, Range 30 West

SD012 Stormwater, Non-specific Runoff MP 8: Granite South Crushing Pad NE Quarter of the NW Quarter of Section 23, Township 123North, Range 30 West

Cold Spring Granite CoLimits and Monitoring Requirements

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SD 001, SD 006, SD 007, SD 009, SD 010, SD 011, SD 012

Parameter Limit Units Limit Type Effective Period Sample Type Frequency NotesSolids, Total Suspended (TSS) 100 mg/L Calendar Year Average

Intervention-QtrJan-Dec Grab 1 x Year 1

SD 008

Parameter Limit Units Limit Type Effective Period Sample Type Frequency NotesCopper, Total (as Cu) 0.028 mg/L Calendar Year Average

Intervention-QtrJan-Dec Grab 1 x Year 2

Solids, Total Suspended (TSS) 100 mg/L Calendar Year AverageIntervention-Qtr

Jan-Dec Grab 1 x Year 2

Zinc, Total (as Zn) 0.234 mg/L Calendar Year AverageIntervention-Qtr

Jan-Dec Grab 1 x Year 2

Notes:1 -- This value is an average of the quarterly samples taken throughout the calendar year, reported annually in December. See the Industrial Stormwaterchapter for more information.2 -- This value is an average of the quarterly samples taken throughout the calendar year, reported annually in December. See the Industrial Stormwaterchapter for more information. The benchmark values of some metals are influenced by water hardness. For these parameters, the Permittee maydetermine the hardness of the stormwater discharges to identify the applicable 'hardness range' for determining their benchmark value. See Table 4 ofAppendix B for hardness dependent benchmark values in accordance with Minn. R. 7050.0222 and Minn. R. 7052.0100.


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Chapter 1. Industrial Process Wastewater

1. Authorization

This chapter authorizes the Permittee to manage industrial wastewater at the wastewater management system atthe Facility. The industrial process wastewater and management system is described in the Facility Descriptionsection of this permit. A discharge from the wastewater management system at the Facility is not authorizedunder the terms and conditions of this permit.

1.1

2. 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.

2.1

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.

2.2

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.

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; or

e. 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

4. Polychlorinated Biphenyls (PCBs)

PCBs, including but not limited to those used in electrical transformers and capacitors, shall not be discharged orreleased to the environment.

4.1

Chapter 2. Surface Discharge Stations

1. Requirements for Specific Stations

SD 001: Submit an annual DMR annually by January 22 of each year following permit issuance.1.1






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Chapter 2. Surface Discharge Stations

1. Requirements for Specific Stations





2. Sampling Location

Samples for Station SD001 and SD006-SD012 shall be taken at a point representative of the industrialstormwater discharge.

2.1

Samples and measurements required by this permit shall be representative of the monitored activity.2.2

3. Special Requirements

If stormwater does not discharge to surface waters, no monitoring is required. If there is no discharge during thesampling period, the Permittee shall check the "No Flow" box and note the conditions on the DischargeMonitoring Report Form.

3.1

If the Permittee is unable to obtain a minimum of four stormwater samples, less than four samples may be used todetermine the annual average intervention limit(s) for the discharges during the year. However, for each samplethat could not be obtained due to weather conditions and/or soil characteristics, the Permittee shall provide anexplanation in the Comments section of the Discharge Monitoring Report and submit it to the Agency.

3.2

The Permittee may request a reduction in monitoring of the stormwater discharge(s) after a minimum of 10samples, per surface discharge station, have been collected and the monitoring does not indicate a reasonablepotential to exceed a water quality based standard limit.

3.3

4. Surface Discharges

Floating solids or visible foam shall not be discharged in other than trace amounts.4.1

Oil or other substances shall not be discharged in amounts that create a visible color film.4.2

The Permittee shall install and maintain outlet protection measures at the discharge stations to prevent erosion.4.3

5. 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.

5.1

6. 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).

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Chapter 3. Stormwater Management

1. Authorization

This chapter authorizes the Permittee to discharge stormwater associated with industrial activity from industrialactivity associated with SIC codes 1423, 3281, 3291, and 3369 in accordance with the terms and conditions ofthis chapter.

This chapter authorizes the Permittee to discharge stormwater associated with construction activity and smallconstruction activity at this Facility, as defined in 40 CFR part 122.26(b)(14)(x) and (b)(15), respectively.

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

The following non-stormwater discharges are authorized at the sites described by the 'Facility Description'section of this permit if the resulting discharges are collected, contained or infiltrate the ground and do not resultin the release of pollutants to surface waters and if Best Management Practices are implemented to preventcontamination of ground water:

a. Fire hydrant flushings;

b. Discharges from emergency firefighting activities;

c. Potable water line flushing;

d. Uncontaminated condensate from air conditioners, coolers, and other compressors and from the outsidestorage of refrigerated gases or liquids;

e. Landscape watering provided all pesticides, herbicides, and fertilizers have been applied in accordance withmanufacturer's instructions;

f. Routine external building wash down that does not use detergents, solvents or degreasers;

g. Foundation or footing drains where flows are not contaminated; and

h. Incident windblown mist from cooling towers that collects on rooftops or adjacent portions of the facility, butnot intentional discharges from the cooling tower (e.g. 'piped' cooling tower blowdown or drains).

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1. Authorization

The following non-stormwater discharges are also authorized at the sites described by the 'Facility Description'section of this permit if the resulting wastewaters are collected, contained or infiltrate the ground and BestManagement Practices are implemented to prevent contamination of ground water:

a. Scale deck wash water that does not use detergents, solvents or degreasers;

b. Stormwater and deck wash water collected in holding tanks under scales;

c. Wash water associated with emergency cleaning of incapacitated mobile equipment;

d. Wash waters associated with cosmetic cleaning of mobile equipment that does not use detergents, solvents ordegreasers;

e. Waters used for dust control on crushers, conveyors, associated equipment, and site roadways;

f. Wash water from concrete trucks, mixers transport buckets, forms and/or other associated equipment; and

g. Pavement wash waters where no detergents are used and no spills or leaks of potential pollutants such asfertilizers, salts, or toxic and hazardous materials have occurred unless all spilled material has been removed.

1.4

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

Special Requirments

If the site has any stormwater discharges with the potential for significant adverse impacts to a wetland, thePermittee must comply with Minn. R. 7050.0185, subp. 9.

2.3

3. Stormwater Pollution Prevention Plan

The Permittee shall develop and implement a Stormwater Pollution Prevention Plan (Plan) to address the specificconditions at the industrial facility. The goal of the Plan 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/index.php/water/water-types-and-programs/stormwater/industrial-stormwater/industrial-stormwater.html.

3.1

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

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3. Stormwater Pollution Prevention Plan

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.

3.3

In addition, the SWPPP must include the following:

a. Facility Map. Identify where any of the following may be exposed to stormwater, including: bag house orother dust control device; recycle/sedimentation pond, clarifier, or other device used for the treatment of processwastewater; the areas that drain to the treatment device; mining or milling site boundaries; access and haul roads;outline of drainage areas of each monitoring location within the facility with indications of the types ofdischarges from the drainage areas; location of all permitted discharge points, outdoor equipment storage, fuelingand maintenance areas; materials handling areas; outdoor manufacturing, outdoor storage and material disposalareas; outdoor chemicals and explosives storage areas; overburden, materials, soils or waste storage areas;location of mine drainage or other process water; tailings piles and ponds; heap leach pads; offsite points ofdischarge for mine drainage and process water; surface waters; boundary of tributary areas that are subject toeffluent limits; location(s) of sites undergoing reclamation and reclaimed areas.

3.4

The SWPPP must also include the following:

a. Potential Pollutant Sources. Describe the following additional sources that have potential pollutants associatedwith them:

i. Areas where accumulation of significant amounts of particulate matter could occur from such sources asfurnace or oven emissions and losses from coal and coke handling operations.ii. For each area of the mine or mill site where stormwater discharges associated with industrial activities occur,the Permittee shall identify the types of pollutants (e.g. heavy metals, sediment) likely to be present in significantamounts. The Permittee shall consider the following factors: the mineralogy of the ore and waste rock (e.g. acidforming); toxicity and quantity of chemicals used, produced or discharged; the likelihood of contact withstormwater; vegetation of site (if any); history of significant leaks or spills of toxic or hazardous pollutants,including a summary of any existing ore or waste rock or overburden characterization data and test results forpotential generation of acid rock. If any new data is acquired due to changes in ore type being mined, thePermittee shall update the SWPPP with this information.

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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; andk. materials management practices.

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/index.php/water/water-types-and-programs/stormwater/industrial-stormwater/industrial-stormwater.html.

4.1

5. Inspection and Maintenance

The Permittee must develop and implement an inspection schedule that includes a minimum of one facilityinspection per calendar month. A minimum of one inspection per calendar year must be conducted during arunoff event. Inspections must be conducted by appropriately trained personnel at the facility. The purpose ofinspections 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 athttp://www.pca.state.mn.us/index.php/water/water-types-and-programs/stormwater/industrial-stormwater/index.html.

5.1

Inspections must be documented and 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



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5. Inspection and Maintenance

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

a. dust collection and containment systems.b. air pollution control equipment (e.g. baghouses, electrostatic precipitators, scrubbers, and cyclones) for anysigns of degradation (e.g. leaks, corrosion, or improper operation) that could limit efficiency and lead toexcessive emissions.c. air flow at inlets and outlets (or use equivalent measures) to check for leakcs or blockage in ducts.d. all process and material handling equipment (e.g. conveyors, cranes and vehicles) for leaks, drips or thepotential loss of material.

5.3

If a facility is inactive and unstaffed, the Permittee is waived from the requirement to conduct monthlyinspections as required by 5.1 of this chapter and may conduct semi-annual inspections. If circumstanceschange, and the facility becomes active, and/or staffed, this exception no longer applies and compliance with themonthly inspection requirements in accordance with 5.1 shall begin immediately.

5.4

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.

5.5

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.

5.6

Good Housekeeping

The Permittee shall prevent or minimize the discharge of spilled cement, aggregate (including sand and gravel),kiln dust, fly ash, or settled dust from paved portions of the facility that are exposed to stormwater.

5.7

The Permittee shall determine the frequency of sweeping or equivalent by the amount of industrial activityoccurring in the area and the frequency of exposure to stormwater, but it shall be performed at least once perweek if cement, aggregate, kiln dust, fly ash, or settled dust are being handled or processed.

5.8

The Permittee shall include a cleaning and maintenance program for all impervious areas of the facility whereparticulate matter, dust, or debris may accumulate, especially areas where material loading and unloading,storage handling and processing occur.

5.9

The Permittee shall also implement a cleaning program which includes regular sweeping for paved areas wherevehicle traffic or material storage occur but where vegetative or other stabilization methods are not practicable.

5.10

For unstabilized areas where sweeping is not practicable, the Permittee shall choose alternative stormwatermanagement devices that effectively trap or remove sediment.

5.11

Erosion and Sedimentation Control

The Permittee shall implement sediment control on all downgradient perimeters before any upgradient landdisturbing activities begin. Use a range of controls within the broad categories of: flow diversion (e.g. swales);stabilization (e.g. temporary or permanent seeding); and structural controls (e.g. sediment traps, dikes, siltfences). The timing of the installation of sediment control practices may be adjusted to accommodate short-termactivities.

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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 theweb site at http://www.pca.state.mn.us/index.php/water/water-types-and-programs/stormwater/industrial-stormwater/industrial-stormwater.html.

6.1

7. Benchmark Monitoring Requirements

The Permittee must comply with the benchmark monitoring procedures and sample collection methods located inthe Benchmark Monitoring Fact Sheet on the following website:http://www.pca.state.mn.us/index.php/water/water-types-and-programs/stormwater/industrial-stormwater/index.html.

7.1

The Permittee shall complete Benchmark Monitoring four times per year and comply with the limits andmonitoring requirements specified for the Surface Discharge Stormwater, Non-Specific Runoff Station. Specifiedparameters shall be sampled on a calendar quarter basis beginning the first full quarter following permitissuance. Each quarterly sample may be collected at any time during the calendar quarter. Quarterly sampleresults must be averaged annually and the annual quarterly average must be reported on the December DMR.

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 and documentall corrective actions and shall implement necessary non-structural BMPs within 60 days after discovery andstructural BMPs within 180 days after discovery of the exceedance.

7.4

Sample results shall be reported on quarterly Discharge Monitoring Reports (DMRs) which shall be provided bythe MPCA. DMRs shall be postmarked or electronically submitted by the 21st day of the month following thesampling interval. The final quarterly report for the year will also include an annual average of the four resultscollected throughout the year.

The Permittee may submit the DMRs using the electronic submittal process or by mailing them to the followingaddress:

Minnesota Pollution Control AgencyAttn: Water Quality Submittals Center520 Lafayette Road NorthSt. Paul, MN 55155-4194

7.5

8. Reporting

Submit a Stormwater Annual Report by March 31 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/index.php/water/water-types-and-programs/stormwater/industrial-stormwater/index.html.

8.1

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.

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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 are available on the site and be available upon request. The Permittee mustmaintain the following 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; ande. 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. Request for Termination of Stormwater Permit Coverage

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 Exposurecertification to the MPCA in accordance with Minn. R. 7090.3060, and b) a permit application for a modificationof the NPDES/SDS Permit.

11.1

The Permittee must apply for the No Exposure certification to the MPCA once every five years. A copy of theNo Exposure certification card shall be submitted with the permit application for permit reissuance.

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 a new no exposure certification to theMPCA, Industrial Stormwater Program, 520 Lafayette Rd N, St Paul, MN 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

"Active Mineral Mining Facility" means a place where work or other activity related to the extraction, removal orrecovery of minerals is being conducted. For surface mines, this definition does not include any land wheregrading has returned the earth to a desired contour and reclamation has begun. This definition is derived fromthe definition of "active mining area" found at 40 CFR pt. 440.132(a).

12.1

"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.

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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.

12.3

"Inactive mineral mining facility" means a site or portion of a site where mineral mining and/or milling occurredin the past but is not an active facility as defined above, and where the inactive portion is not covered by anactive mining permit issued by the State.

12.4

"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.

12.5

"Non-stormwater discharge" means any discharge not comprised entirely of stormwater discharges authorized bya NPDES permit.

12.6

"Reclamation" means activities undertaken, in compliance with applicable mined land reclamation requirements,following cessation of the activities associated with extraction, removal and recovery of minerals, intended toreturn the land to an appropriate post-mining land use.

12.7

"Runoff" means any liquid that drains over land from any part of a facility.12.8

"Temporary inactive mineral mining facility" means a site or portion of a site where mineral mining and/ormilling occurred in the past but currently are not being actively undertaken, and the facility is covered by anactive mining permit issued by the State or Federal agency.

12.9

Chapter 4. Industrial Pond System

1. Authorization

This chapter authorizes the Permittee to manage wastewater in a settling basin system, as described in the'Facility Description' section of this Permit. The requirements of this chapter apply to all components of thepermitted settling basin system, including but not limited to all impoundments at the facility used for collection,containment, storage, and/or treatment; and all related structures, conveyances, and/or appurtenances.

1.1


Within 60 days of Permit Issuance, the Permittee shall hire a qualified environmental consultant to complete aSettling Basin Impact Investigation.

2.1

Within 120 days of permit issuance, the Permittee shall submit a Settling Basin Impact Investigation Plan forMPCA review and approval. The Settling Basin Impact Investigation Plan shall include:

a. Method to determine all plant process water recirculation flows into and out of the settling basin system forthe purpose of quantifying process water loss rates through the settling ponds;b. Proposed locations of groundwater monitoring locations that will characterize groundwater constituentsupgradient and downgradient of the Settling Basins;c. A schedule for well placement if necessary and sampling, including a minimum of three unique groundwatersampling events;d. Proposed groundwater constituents to be monitored, including laboratory methods, detection limits, andQA/QC;e. Sampling of on-site production and drinking water supply wells for groundwater constituents;f. A description of the direction and rate of groundwater flow; andg. An evaluation of the site soils to determine the infiltration rate.

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Within 3 years of permit issuance, a Settling Basin Impact Report shall be submitted that describes the resultsfrom the Investigation including:

a. A Pond Performance Evaluation as described by Section 3 of this chapter;b. Final locations of all groundwater monitoring points;c. Results of all groundwater sampling events;d. The effect site activities have had on the groundwater quality, if any.

If groundwater is adversely affected by the settling basins, the Report will identify groundwater receptors thatmay be impacted by the contaminated groundwater. The Report will make recommendations of the siteoperations that should be changed based on results from the study to improve groundwater quality.

2.3

3. Operation and Maintenance

Pond Performance Evaluation

The Pond Performance Evaluation report shall include at least the following elements for the settling basinsystem at the Facility:

a. performance data, calculations and graphs for the impoundments at the Facility. Settling basin performancedata includes, but is not limited to, at least two (2) years of influent and effluent flow data for the ponds, processmake-up water rates, and capacity/volume use comparisons;b. A determination of the total seepage from the settling basins;c. An evaluation by a registered professional engineer or professional geologist with expertise in wastewaterstructures that assesses the respective impoundments at the Facility with respect to the pond technical criteriaspecified by parts 3.3 and 3.4 of this chapter.

3.1

Maintenance of Wastewater Ponds

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.

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3. Operation and Maintenance

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

a. At least 1foot freeboard on all impoundments and wastewater solids containment dams at the Facility shall bemaintained at all times.

b. 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 b. of this part.

3.3

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.

3.4

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

3.5

Appropriate signs should be provided to designate the nature of the facility and advise against trespassing. Atleast one sign shall be provided on each entrance road, and one for every 500 feet of its perimeter.

3.6

4. Discharge Requirements

The settling basins shall not discharge to surface waters.4.1

Chapter 5. Total Facility Requirements


General Requirements

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.

1.1

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 approved by the Agency. (Minn. R. 7001.0150, subp. 3, item E)

1.2

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)

1.3

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, acutely toxic conditions to aquatic life, or otheradverse impact on the receiving water. (Minn. R. 7050.0210 subp. 2)

1.4

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

1.5

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)

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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)

1.7

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)

1.8

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)

1.9

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.

1.10

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.

1.11

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 examine 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 andinvestigations, including sampling or monitoring, pertaining to the construction, modification, or operation of thefacility covered by the permit or pertaining to the activity covered by the permit. (Minn. R. 7001.0150, subp.3,item I)

1.12

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.

1.13

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))

1.14

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)

1.15

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 comply with manufacturers specifications for equipment calibration and use. (Minn. Stat.Sec. 144.97 through 144.98 and Minn. R. 4740.2010 and 4740.2050 through 4740.2120) (Minn. R. 4740.2010and 4740.2050 through 2120)

1.16

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.

1.17

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

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Maintain Records. The Permittee shall keep the records required by this permit for at least three years, includingany calculations, original recordings from automatic monitoring instruments, and laboratory sheets. ThePermittee shall extend these record retention periods upon request of the MPCA. The Permittee shall maintainrecords for each sample and measurement. The records shall include the following information (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 who performed the sample collection, measurement, analysis, or calculation; and

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

e. The results of the analysis.

1.19

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 Supplemental FormIndividual values for each sample and measurement must be recorded on the DMR Supplemental Form which, ifrequired, will be provided by the MPCA. DMR Supplemental Forms shall be submitted with the appropriateDMRs. You may design and use your own supplemental form; however it must be approved by the MPCA.Note: Required summary information MUST also be recorded on the DMR. Summary information that issubmitted ONLY on the DMR Supplemental Form does not comply with the reporting requirements.

1.20

Submitting Reports. DMRs and Supplementals shall be submitted to:

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

DMRs, DMR supplemental forms and related attachments may be electronically submitted via the MPCA OnlineServices Portal after authorization is approved. When electronically submitted, the paper DMR submittalrequirement is waived.

DMRs and DMR Supplemental Forms shall be postmarked or electronically submitted by the 21st day of themonth following the sampling period or as otherwise specified in this permit. Electronic DMR submittal must becomplete on or before 11:59 PM of the 21st day of the month following the sampling period or as otherwisespecified in this permit. A DMR shall be submitted for each required station even if no discharge occurredduring the reporting period. (Minn. R. 7001.0150, subps. 2.B and 3.H)

Other reports required by this permit shall be postmarked by the date specified in the permit to:

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

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Incomplete or Incorrect Reports. The Permittee shall immediately submit an amended report or DMR to theMPCA upon discovery by the Permittee or notification by the MPCA that it has submitted an incomplete orincorrect report or DMR. The amended report or DMR shall contain the missing or corrected data along with acover letter explaining the circumstances of the incomplete or incorrect report. (Minn. R. 7001.0150 subp. 3,item G)

1.22

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)

1.23

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)

1.24

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)

1.25

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.

1.26

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)

1.27

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)

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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))

1.29

Effluent Violations. If sampling by the Permittee indicates a violation of any discharge limitation specified inthis permit, the Permittee shall immediately make every effort to verify the violation by collecting additionalsamples, if appropriate, investigate the cause of the violation, and take action to prevent future violations. If thepermittee discovers that noncompliance with a condition of the permit has occurred which could endanger humanhealth, public drinking water supplies, or the environment, the Permittee shall within 24 hours of the discovery ofthe noncompliance, orally notify the commissioner and submit a written description of the noncompliance within5 days of the discovery. The written description shall include items a. through e., as listed below. If thePermittee discovers other non-compliance that does not explicitly endanger human health, public drinking watersupplies, or the environment, the non-compliance shall be reported during the next reporting period to the MPCAwith its Discharge Monitoring Report (DMR). If no DMR is required within 30 days, the Permittee shall submita written report within 30 days of the discovery of the noncompliance. This description shall include thefollowing 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)

1.30

Unauthorized Releases of Wastewater Prohibited. Except for conditions specifically described in Minn. R.7001.1090, subp. 1, items J and K, all unauthorized bypasses, overflows, discharges, spills, or other releases ofwastewater or materials to the environment, whether intentional or not, are prohibited. However, the MPCA willconsider the Permittee's compliance with permit requirements, frequency of release, quantity, type, location, andother relevant factors when determining appropriate action. (40 CFR 122.41 and Minn. Stat. Sec 115.061)

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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.

d. 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.

e. Submit the sampling results as directed by the MPCA. At a minimum, the results shall be submitted to theMPCA with the next DMR.

1.32

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.

1.33

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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.

1.34

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)

1.35

Solids Management. The Permittee shall properly store, transport, and dispose of biosolids, septage, sediments,residual solids, filter backwash, screenings, oil, grease, and other substances so that pollutants do not entersurface waters or ground waters of the state. Solids should be disposed of in accordance with local, state andfederal requirements. (40 CFR 503 and Minn. R. 7041 and applicable federal and state solid waste rules)

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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)

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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)

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Changes to the Facility or Permit

Permit Modifications. Except as provided under Minnesota Statutes, section 115.07, subdivisions 1 and 3, noperson required by statute or rule to obtain a permit may construct, install, modify, or operate the facility to bepermitted, nor shall a person commence an activity for which a permit is required by statute or rule until theagency has issued a written permit for the facility or activity. (Minn. R. 7001.0030)

Permittees that propose to make a change to the 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.

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No person required by statute or rule to obtain a permit may construct, install, modify, or operate the facility tobe permitted except as provided under Minnesota Statutes, section 115.07, subdivisions 1 and 3, nor shall aperson commence an activity for which a permit is required by statute or rule until the agency has issued awritten permit for the facility or activity.

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Plans, specifications and MPCA approval are not necessary when maintenance dictates the need for installationof new equipment, provided the equipment is the same design size and has the same design intent. For instance, abroken pipe, lift station pump, aerator, or blower can be replaced with the same design-sized equipment withoutMPCA 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.

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Permit Expires:

Page 29

Permit #: MN0062481



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)

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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)

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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.

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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.

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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.

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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)

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Permit Expires:

Page 30

Permit #: MN0062481



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)

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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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Documents

STATE OF MINNESOTA Minnesota Pollution … air‐conditioners are called evaporative coolers and the extraction of heat is ... additives are used in the evaporative cooler wastewater