STATE OF MINNESOTA Minnesota Pollution Control Agency · 2015-09-01 · The Aitkin agri‐peat Inc. ‐ Cromwell facility (facility) is located at NE 1/4 of NE 1/4 of Section 5, Township

DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT

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 MN0055662

PERMITTEE: Aitkin Agri‐Peat Inc FACILITY NAME: Aitkin Agri‐Peat Inc. – Cromwell Location RECEIVING WATER: Unnamed ditch (Class 2B,3C,4A,4B,5,6 water) CITY OR TOWNSHIP: Cromwell COUNTY: Carlton ISSUANCE DATE: EXPIRATION DATE: The state of Minnesota, on behalf of its citizens through the Minnesota Pollution Control Agency (MPCA), authorizes the Permittee to construct, install and 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 protect water quality in accordance with Minnesota and U.S. statutes and rules, including Minn. Stat. chs. 115 and 116, Minn. R. chs. 7001, 7049, 7050, 7053, 7060, 7090.3000 through 7090.3080, 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 4, 1997. 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: Jaramie Logelin, 218‐302‐6640. Submit Other WQ Reports to:

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

Minnesota Pollution Control Agency

DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT Page 2

Permit MN0055662

Table of Contents Permitted Facility Description 3‐4 Topographic Map of Permitted Facility 5 Summary of Stations and Station Locations 6 Limits and Monitoring Requirements 7‐11 Chapter 1. Special Requirements 12 Interim Discharge SD‐001 & SD‐002 12 Inactive Outfall SD‐001 12 Inactive outfall SD‐002 12 Outfall SD‐003 12 Lake St. Croix Total Maximum Daily Load 12 Chapter 2. Compliance Schedule 12 1. Sedimentation Basins 12 Chapter 3. Peat Mining 12‐14 1. Special Conditions for Peat Mining 12 2. Mobile and Rail Equipment Service Areas 13‐14 Chapter 4. Surface Discharge Stations 14‐16 1. Requirements for Specific Stations 14 2. Special Requirements 14 3. Sampling Location 15 4. Surface Discharges 15 5. Winter Sampling Conditions 15 6. Mercury Limits and Monitoring Requirements 15 7. Discharge Monitoring Reports 15 Chapter 5. Surface Water Stations 15‐16 1. Requirements for Specific Stations 15 2. Discharge Monitoring Reports 16 3. Sampling Location 16 4. Sampling Protocol 16 5. Sampling Frequency 16 6. Winter Sampling Conditions 16 Chapter 6. Industrial Process Wastewater 16‐18 1. Prohibited Discharges 16 2. Toxic Substance Reporting 17 4. Polychlorinated Biphenyls (PCBs) 17 5. New Proposed Dewatering 17 6. Application for Permit Reissuance 17‐18 Chapter 7. Stormwater Management 18‐24 Chapter 8. Total Facility Requirements 24‐33


Permit MN0055662

Facility Description The Aitkin agri‐peat Inc. ‐ Cromwell facility (facility) is located at NE 1/4 of NE 1/4 of Section 5, Township 48 North, Range 19 West, Cromwell, Carlton County, Minnesota. The principal activity at this facility is the mining of peat (fibric sphagnum and hemic reed‐sedge) for horticultural uses, at a maximum rate of 130,000 cubic yards per year. The facility consists of all mine excavation areas, mining waste disposal areas, plant areas, and non‐sewage wastewater disposal systems within the area designated on the map on Page 5 of this permit. A system of field ditches and drainage ditches within the facility drains groundwater and surface runoff to ditches outside the facility. Field ditches are spaced at 60‐100 meters and average 1.3 meters deep. That portion of the facility north of the Burlington Northern railroad tracks drains to a ditch that parallels the tracks on the north side and flows to the west. Outfall SD‐002 (formerly known as 040) is located in this westward flowing ditch, at the westernmost boundary of the facility, in the SE ¼, SW ¼, NW ¼, of Section 5. This same ditch continues to flow westward until it discharges to the Kettle River (Class 2B, 3C, 4A, 4B, 5, 6 water) in the SE ¼, NE ¼, of Section 6. Outfall SD‐002 has average and maximum flows of 2.2 and 4.3 million gallons per day (mgd), respectively. Milled peat is excavated, stockpiled and transported to the stockpile/loading area, in the NE ¼, NE ¼, of Section 5, where it is stockpiled for subsequent transport to the processing facility in McGregor, Minnesota or shipped directly to customers. The process waste, which consists mainly of woody and fibrous material, is disposed of on‐site or used as road material in the facility. A second shop and equipment storage area is located north of the Burlington Northern railroad tracks, in the NW ¼, NW ¼, of Section 4. Drainage from both stockpile/shop/equipment areas is routed to the SD‐002 outfall ditch. Sewage generated at the facility is disposed of through a septic tank/drainfield system. The Permittee is proposing to construct two sedimentation basins to be located near the plant area of the site to provide better treatment for the discharge from SD‐002. One sedimentation basin will provide treatment for the sphagnum peat mining area and the other will provide treatment for the sedge peat mining area. Mining from the area that drains to SD‐002 has ceased and is undergoing reclamation. Once reclamation is complete, it will be necessary to relocate the outfall to better obtain representative samples from the mined areas. A new outfall, SD‐003, will be created approximately ¾ miles to the east of SD‐002 and will be used to collect samples after the sedimentation basins. Outfall SD‐002 will be inactivated and monitoring at that location will cease. If, in the future, mining becomes active in the area formerly monitored by SD‐002, the Permittee is required to notify the MPCA and the outfall will become reactivated. The portion of the facility south of the Burlington Northern railroad tracks drains to a ditch that flows south along the boundary between Section 8 and 9. Outfall SD‐001 (formerly known as 030) is located in this ditch, at the southernmost boundary of the facility, at the southeastern most corner of Section 8. The same ditch continues to flow southward until it discharges to Kettle Lake (Class 2B, 3C, 4A, 4B, 5, 6 water) in the NE ¼ of Section 20. Outfall SD‐001 is permitted for average and maximum flows of 1.8 and 3.5 mgd, respectively. Mining in the area of SD‐001 has ceased and the area is in the process of reclamation. Once the area is fully reclaimed, outfall SD‐001 will be inactivated and monitoring will no longer be required. If the area becomes actively mined in the future, the Permittee is required to notify the MPCA and monitoring will resume at SD‐001.


Permit MN0055662

Monitoring station SW‐004 has been developed to replace monitoring station SW‐001 and is located on the Kettle River just north of Highway 210. Monitoring station SW‐002 (formerly known as 703) is located approximately 120 feet west of the eastern boundary of Section 17, in the ditch parallel to the north side of the road through the middle of the section. Monitoring station SW‐003 (formerly known as 704) is located on the Kettle River, on the west side of Kettle Lake Road, approximately 1.1 miles south of Highway 210. Stations SW‐004 is an upstream station and SW‐002 and SW‐003 are downstream of the facility discharges. On April 5, 2010, the Industrial Stormwater General Permit (MNR050000) was issued. This permit addresses stormwater discharges associated with industrial activity for facilities that discharge stormwater to waters of the state, including Municipal Separate Storm Sewer Systems. The General Permit also addressed stormwater discharges associated with industrial activities at facilities that provide on‐site infiltration of industrial stormwater discharges associated with the facility. For both industrial and municipal wastewater facilities, in lieu of obtaining coverage under both the General Permit and the individual NPDES permit, the MPCA has added the necessary industrial stormwater requirements language and limits and monitoring to this permit so that coverage under this NPDES permit alone will cover both permits. An additional discharge station (SD‐004) has been created with an intervention limit of 100 mg/L as required by the sector specific requirement for peat mines contained in the general permit, and a Discharge Monitoring Report is required to be submitted by the Permittee annually for this monitoring. There is also an Industrial Stormwater Chapter specific to peat mining facilities as part of this permit. The location of designated monitoring stations is specified on the attached "Summary of Stations and Station Locations" report. The location of the facility is shown on the attached topographical map. The January 1, 1988, calculated design maximum daily flow for this facility is 4.3 mgd. In accordance with MPCA rules regarding nondegradation for all waters, the design maximum daily flow of the facility as of January 1, 1988, and associated mass loading are the baseline design flow and mass loading. This baseline flow and mass loading will be used to determine whether nondegradation review is required for any change in the discharge. Any change that results in an increase in design flow greater than 0.2 mgd and an increased loading of one or more pollutants, or any change in a discharge containing a toxic pollutant that results in 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, is subject to nondegradation review in accordance with Minn. R. 7050.0185.


Permit MN0055662

DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT

Permit Issued:

Permit Expires:

Aitkin agri-peat, Inc - CromwellSummary of Stations

Page 6

Permit #: MN0055662

Surface Discharge Stations

Station Type of Station Local Name PLS LocationSD001 Effluent To Surface Water South Drainage Outfall 030 SE Quarter of the SE Quarter of the SE Quarter of Section 8,

Township 48 North, Range 19 West

SD002 Effluent To Surface Water North Drainage Outfall 040 SE Quarter of the SW Quarter of the NW Quarter of Section 5,Township 48 North, Range 19 West

SD003 Effluent To Surface Water New monitoring station NE Quarter of the NE Quarter of the SE Quarter of Section 5,Township 48 North, Range 19 West

SD004 Stormwater, Non-specific Runoff Benchmark Monitoring Location NE Quarter of the NE Quarter of the SE Quarter of Section 5,Township 48 North, Range 19 West

Surface Water Stations

Station Type of Station Local Name PLS LocationSW002 Stream/River/Ditch, Other Ditch Station 703 SE Quarter of the SE Quarter of the NE Quarter of Section 17,

Township 48 North, Range 19 West

SW003 Stream/River/Ditch, Other Kettle River Station 704 SE Quarter of the SE Quarter of the NE Quarter of Section 7,Township 48 North, Range 19 West

SW004 Stream/River/Ditch, Upstream Replacement upstream monitoringstation

SE Quarter of the SE Quarter of the SE Quarter of Section 31,Township 49 North, Range 19 West

Aitkin agri-peat, Inc - CromwellLimits 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 Issued:

Permit Expires: Permit #: MN0055662

Page 7

Period: Limits Applicable in the Interim Period

SD 001

Parameter Limit Units Limit Type Effective Period Sample Type Frequency NotesAluminum, Total (as Al) 0.125 mg/L Calendar Month Average Mar-Oct Grab 1 x Month

Aluminum, Total (as Al) 1.07 mg/L Calendar Month Maximum Mar-Oct Grab 1 x Month

Flow MonitorOnly

mgd Calendar Month Average Mar-Oct Measurement,Instantaneous

1 x Week

Flow MonitorOnly

MG Calendar Month Total Mar-Oct Measurement,Instantaneous

1 x Week

Flow MonitorOnly

mgd Daily Maximum Mar-Oct Measurement,Instantaneous

1 x Week

Mercury, Dissolved (as Hg) MonitorOnly

ng/L Calendar Month Maximum Apr-Jul Grab 1 x Month 2

Mercury, Total (as Hg) 10.4 ng/L Calendar Month Average Apr-Jul Grab 1 x Month 2

Mercury, Total (as Hg) 20.8 ng/L Daily Maximum Apr-Jul Grab 1 x Month 2

pH 8.5 SU Calendar Month Maximum Mar-Oct Grab 1 x Month

pH 6.5 SU Calendar Month Minimum Mar-Oct Grab 1 x Month

Phosphorus, Total (as P) 1.0 mg/L Calendar Month Average Mar-Oct Grab 1 x Month

Phosphorus, Total (as P) MonitorOnly

mg/L Calendar Month Maximum Mar-Oct Grab 1 x Month

Solids, Total Suspended (TSS) 30 mg/L Calendar Month Average Mar-Oct Grab 1 x Month

Solids, Total Suspended (TSS) 45 mg/L Calendar Month Maximum Mar-Oct Grab 1 x Month

Solids, Total Suspended (TSS), grab (Mercury)

MonitorOnly

mg/L Calendar Month Maximum Apr-Jul Grab 1 x Month 1

Specific Conductance, Field MonitorOnly

umh/cm Calendar Month Average Mar-Oct Grab 1 x Month


umh/cm Calendar Month Maximum Mar-Oct Grab 1 x Month

Turbidity 25 NTU Calendar Month Average Mar-Oct Grab 1 x Month

Turbidity MonitorOnly

NTU Calendar Month Maximum Mar-Oct Grab 1 x Month

SD 002



Flow MonitorOnly


1 x Week

Flow MonitorOnly


1 x Week

Flow MonitorOnly


1 x Week






Permit Issued:


Page 8


SD 002

Parameter Limit Units Limit Type Effective Period Sample Type Frequency NotesMercury, Total (as Hg) 17.1 ng/L Daily Maximum Apr-Jul Grab 1 x Month 2



Phosphorus, Total (as P) 594 kg/yr Calendar Year To DateTotal

Jan-Dec Grab 1 x Month 3


mg/L Calendar Month Average Mar-Oct Grab 1 x Month






MonitorOnly






Turbidity 25 NTU Calendar Month Average Mar-Oct Grab 1 x Month



SD 004

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 4

SW 002, SW 003

Parameter Limit Units Limit Type Effective Period Sample Type Frequency NotesAluminum, Total (as Al) Monitor

Onlymg/L Calendar Month Average Mar-Oct Grab 1 x Month

Aluminum, Total (as Al) MonitorOnly


pH MonitorOnly

SU Calendar Month Maximum Mar-Oct Grab 1 x Month

pH MonitorOnly

SU Calendar Month Minimum Mar-Oct Grab 1 x Month




umh/cm Calendar Month Minimum Mar-Oct Grab 1 x Month


NTU Calendar Month Average Mar-Oct Grab 1 x Month





Permit Issued:


Page 9


SW 004


Onlymg/L Calendar Quarter Average Jan-Dec Grab 1 x Quarter

Mercury, Total (as Hg) MonitorOnly

ug/L Daily Maximum Apr-Jul Grab 1 x Month 2

pH MonitorOnly

SU Calendar QuarterMaximum

Jan-Dec Grab 1 x Quarter

pH MonitorOnly

SU Calendar Quarter Minimum Jan-Dec Grab 1 x Quarter




umh/cm Calendar Quarter Average Jan-Dec Grab 1 x Quarter


NTU Calendar Quarter Average Jan-Dec Grab 1 x Quarter

Period: Limits Applicable in the Final Period

SD 003



Flow MonitorOnly


1 x Week

Flow MonitorOnly


1 x Week

Flow MonitorOnly


1 x Week




Mercury, Total (as Hg) 17.1 ng/L Daily Maximum Apr-Jul Grab 1 x Month 2



Phosphorus, Total (as P) 594 kg/yr Calendar Year To DateTotal

Jan-Dec Grab 1 x Month 3








MonitorOnly








Permit Issued:


Page 10

Period: Limits Applicable in the Final Period

SD 003

Parameter Limit Units Limit Type Effective Period Sample Type Frequency NotesTurbidity 25 NTU Calendar Month Average Mar-Oct Grab 1 x Month



SD 004

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 4

SW 002, SW 003


Onlymg/L Calendar Month Average Mar-Oct Grab 1 x Month

Aluminum, Total (as Al) MonitorOnly


pH MonitorOnly

SU Calendar Month Maximum Mar-Oct Grab 1 x Month

pH MonitorOnly

SU Calendar Month Minimum Mar-Oct Grab 1 x Month




umh/cm Calendar Month Minimum Mar-Oct Grab 1 x Month


NTU Calendar Month Average Mar-Oct Grab 1 x Month



SW 004


Onlymg/L Calendar Quarter Average Jan-Dec Grab 1 x Quarter

Mercury, Total (as Hg) MonitorOnly

ug/L Daily Maximum Apr-Jul Grab 1 x Month 2

pH MonitorOnly

SU Calendar QuarterMaximum

Jan-Dec Grab 1 x Quarter

pH MonitorOnly

SU Calendar Quarter Minimum Jan-Dec Grab 1 x Quarter




umh/cm Calendar Quarter Average Jan-Dec Grab 1 x Quarter


NTU Calendar Quarter Average Jan-Dec Grab 1 x Quarter



Permit Issued:


Page 11

Notes:1 -- A total of two samples are required between the period of April - July. Samples shall be taken no more than 30 days apart.2 -- Mercury samples shall be taken using low-level method 1631 and clean sampling method 1669. A total of two samples are required between theperiod of April - July. Samples shall be taken no more than 30 days apart.3 -- See Chapter 4.2 for kg/year calculation details.4 -- This value is an average of the quarterly samples taken throughout the calendar year, reported annually in December. See the IndustrialStormwater chapter for more information.


Aitkin agri-peat, Inc - CromwellPermit Issued:

Permit Expires:

Page 12

Permit #: MN0055662

Chapter 1. Special Requirements

1. Special Requirements

Interim discharge SD-001 and SD-002

The Company is proposing to reclaim the area located in the NE 1/4 of the NE 1/4 of Section 8 and the SE 1/4 ofthe NE 1/4 of Section 8 and the NW 1/4 of Section 9, T48N, R19W south of the railroad tracks as well as thearea located in the SE 1/4 of the NW 1/4 of Section 5, T48N, R19W (See map on Page 5 of this permit). Oncethese areas are reclaimed, and released from the DNR Permit to Mine, the outfalls will no longer be consideredactive.

1.1

Inactive Outfall SD-001

Outfall SD-001 will be inactivated once the Permittee notifies the MPCA that mine land reclamation activitieshave taken place in the area located in NE 1/4 of the NE 1/4 of Section 8 and the SE 1/4 of the NE 1/4 of Section8 and the NW 1/4 of Section 9, T48N, R19W south of the railroad tracks and that the Permittee has been releasedfrom its DNR Permit to Mine. The Permittee is required to notify the MPCA 30 days prior to re-activating thisdischarge station. Once inactivated, Outfall SD-001 shall not be activated without prior authorization from theMPCA.

1.2

Inactive Outfall SD-002

Outfall SD-002 will be inactivated and replaced with SD-003 once mine land reclamation activities have takenplace in the area located SE 1/4 of the NW 1/4 of Section 5, T48N, R19W and the Permittee has been releasedfrom the DNR permit to mine in this area. The Permittee is required to notify the MPCA 30 days prior tore-activating this discharge station. Outfall SD-002 shall not be reactivated without prior authorization from theMPCA.

1.3

Outfall SD-003

The Permittee shall notify the MPCA 30 days prior to using the new proposed outfall SD-003.1.4

Lake St. Croix Total Maximum Daily Load

The facility discharge is located upstream of Lake St. Croix which is on the impaired waters list foreutrophication due to excess nutrients (phosphorus). A total maximum daily load (TMDL) study for thisimpairment has been completed and a waste load allocation (WLA) of 594 kg/year for total phosphorus has beendeveloped. This permit contains an annual phosphorus limit of 594 kg/year.

1.5

Chapter 2. Compliance Schedule

1. Compliance Schedule

Sedimentation Basins

The Permittee shall complete construction of the proposed sedimentation basins as described in the revisedapplication for permit reissuance (containing sedimentation basin construction plans) submitted to the Agencydated February 26, 2010. The Permittee shall complete construction by December 31, 2014.

1.1

The Permittee shall notify the MPCA of completion of construction of the proposed sedimentation basins within30 days of completion of construction.

1.2

Chapter 3. Peat Mining

1. Special Conditions for Peat Mining

The Permittee shall notify the MPCA of the start of ditch cleaning or excavation activities five (5) days afterditch cleaning or excavation activities begin.

1.1



Permit Expires:

Page 13

Permit #: MN0055662


1. Special Conditions for Peat Mining

The Permittee shall use both sedimentation basins at each location (sphagnum peat mining area and sedge peatmining area) simultaneously to treat the wastewater, except when sediment is being removed from one of thebasins. When sediment is being removed from one of the basins, the flow through that basin shall be stoppedcompletely, and the wastewater shall be routed through the other basin. Sediments shall be removed in a mannerthat protects the integrity and effectiveness of the basins. The removed sediments shall be deposited in a mannerso that they do not erode into the ditches.

1.2

The Permittee shall maintain and operate the basins efficiently to collect and remove sediment. A minimum ofonce per year the actual depth of the sedimentation basins shall be checked at three separate points no closer than10 meters from the outlet. If the average of the measurements is 1 meter or less, the sediment shall be removedfrom the basin. Cleaning shall be conducted during low flow periods.

1.3

A minimum of once per month, the Permittee shall inspect the skimming devices on each sedimentation basinand clean as appropriate.

1.4

The Permittee shall control the flow rates at the inlet and outlet structures to the sedimentation basins as neededto comply with the limits in this Permit.

1.5

The Permittee shall obtain a permit modification before expanding the area covered by excavations, materials orequipment storage areas, mining waste or wastewater disposal systems beyond the boundary of the areadesignated on in this permit. In addition to the requirements in the Permit Modifications section of this permit,the Permittee shall submit to the MPCA a written description of the peat deposits in the proposed expansion area,with respect to fiber content (in accordance with ASTM Designation D4427) and classification (in accordancewith ASTM Designation D2607) and the proposed production rate after expansion.

1.6

The Permittee shall submit plans and specifications for control of total suspended solids, turbidity, pH, andmercury in the discharge from the proposed expansion area.

1.7



Permit Expires:

Page 14

Permit #: MN0055662


2. Mobile and Rail Equipment Service Areas

Mobile equipment and rail equipment service areas in the facility shall be operated in compliance with thefollowing:

a. The Permittee shall collect and dispose of locomotive traction sand, degreasing wastes, motor oil, oil filters, oilsorbent pads and booms, transmission fluids, power steering fluids, brake fluids, coolant/antifreeze, radiator flushwastewater and spent solvents in accordance with applicable solid and hazardous waste management rules.These materials shall not be discharged to surface or ground waters of the state.

b. The steam-cleaning of mobile equipment and rail equipment, except for limited outdoor cleaning of largedrills and shovels, shall be conducted in wash bays that drain to wastewater treatment systems that include theremoval of suspended solids and flammable liquids. The only washing of mobile equipment done in outsideareas shall be to remove mud and dirt that has accumulated during outside work.

c. The Permittee shall not use solvent-based cleaners, such as those available for brake cleaning and degreasing,to wash mobile and rail equipment unless the cleaning fluids are completely contained and not allowed to flow tosurface or ground waters of the state. Soaps and detergents used in washing shall be biodegradable.

d. Mobile and rail equipment maintenance and repairs shall not be conducted in wash bays.

e. Hazardous materials shall not be stored or handled in wash bays.

f. The Permittee shall inspect wastewater containment systems regularly, and repair any leaks that are detectedimmediately.

g. If the Permittee discovers that recoverable amounts of petroleum products have entered wastewatercontainment systems, they shall be recovered immediately and reported to the MPCA.

h. Spill cleanup procedures shall be posted in mobile and rail equipment maintenance and repair areas.

2.1

Chapter 4. Surface Discharge Stations

1. Requirements for Specific Stations

SD 001, SD 002, SD 003: Submit a monthly DMR monthly by 21 days after the end of each calendar monthfollowing permit issuance.

1.1

SD 004: Submit an annual DMR annually by January 22 of each year following permit issuance.1.2

2. Special Requirements

The natural background levels for outfall SD-001 shall be determined by using data from stations SW-004 andSW-002. Natural background for outfalls SD-002 and SD-003 and monitoring station SW-003 shall bedetermined by using data from stations SW-004 and SW-002, as well as historical data from sites on the KettleRiver upstream of outfall SD-002 and SD-003.

2.1

The Calendar Year to Date Total Phosphorus limit in units of kg/year is calculated as follows: For each month,multiply the total volume of effluent flow (in million gallons) by the monthly average concentration of effluentPhosphorus (in mg/L) and by a 3.785 conversion factor (liters per gallon) to get Phosphorus in units of kg/month.Then add all monthly values from the first month in the effective period to the end date of the reporting period.For example, if the "effective period" is Jan-Dec and the reporting period ends June 30th, add the monthly valuesfrom January through June and report that value as the Calendar Year to Date Total.

2.2



Permit Expires:

Page 15

Permit #: MN0055662

Chapter 4. Surface Discharge Stations

3. Sampling Location

Samples for Station SD-001, SD-002 and SD-003 shall be taken at a point representative of the discharge to eachditch.

3.1

Samples for Station SD-004 (stormwater) shall be taken at a point to be located in the roadside ditch just north ofthe SD-003 monitoring location. Runoff from the stockpile/loading and shop areas flows through this ditch.

3.2

Samples and measurements required by this permit shall be representative of the monitored activity.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. Mercury Limits and Monitoring Requirements

Permittees are required to sample for TSS (grab sample) at the same time that Total/Dissolved Mercury samplesare taken. All results must be recorded on DMRs.

6.1

Total and Dissolved Mercury samples must be analyzed using EPA Method 1631 with clean techniques method1669 and any revisions to those methods. Should another mercury analytical method that has a reportablequantitation level that allows for low-level sample characterization be approved by the EPA and certified by theMinnesota Department of Health, the Permittee is authorized to use that method.

6.2

The Permittee shall hire or contract with a qualified third-party professional to conduct sampling for mercury atmonitoring points SD-001, SD-002, SD-003 and SW-004. Mercury sampling shall be conducted by thethird-party using clean sampling method 1669.

6.3

Mercury monitoring and a concurrent TSS grab sample are required twice per year between the period of Aprilthrough July. The samples shall be taken no more than 30 days apart. For months when mercury samples are nottaken, the Permittee shall not this on the DMR and state "no mercury sample taken this month" in the commentsfield of the DMR.

6.4

After three years of operation, the Permittee may request a reduction in monitoring for dissolved mercury and thetotal suspended solids grab sample associated with mercury sampling. Reduced monitoring shall be allowed onlyif pollutant levels in the discharge are significantly below pollutant limits and/or the Permittee justifies thereasons for a reduction. The Permittee shall be notified in writing if a reduction in monitoring has beenauthorized. A reduction in monitoring SHALL NOT OCCUR until written notification has been given.

6.5

7. 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).

7.1



Permit Expires:

Page 16

Permit #: MN0055662

Chapter 5. Surface Water Stations

1. Requirements for Specific Stations

SW 002, SW 003, SW 004: Submit a monthly DMR monthly by 21 days after the end of each calendar monthfollowing permit issuance.

1.1

2. Discharge Monitoring Reports

The Permittee shall submit monitoring results in accordance with the limits and monitoring requirements for thisstation. If flow conditions are such that no sample could be acquired, the Permittee shall check the "No Flow"box and note the conditions on the Discharge Monitoring Report (DMR).

2.1

3. Sampling Location

Upstream sampling station SW-001 shall be replaced with upstream sampling station SW-004. Upstreamsampling station SW-004 shall be located in the SE 1/4 of the SE 1/4 of the SE 1/4 of Section 31, T49N, R19W.

3.1

Samples for Stations SW-002, SW-003 and SW-004 shall be taken at mid-stream, mid-depth. Record location,date, time and results for each sample on the supplemental Discharge Monitoring Report form.

3.2

4. Sampling Protocol

All instruments used for field measurements shall be maintained and calibrated to insure accuracy ofmeasurements.

4.1

Sample water shall be preserved according to lab instructions and delivered to a certified lab within the minimumholding times.

4.2

5. Sampling Frequency

The Permittee is required to sample for mercury twice per year between the period of April through July. Thesamples shall be taken no more than 30 days apart. For months when samples are not taken, the Permittee shallnote this on the DMR and state "no mercury sample taken this month" in the comments field of the DMR.

5.1

6. 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 Flow" box on the Discharge Monitoring Report (DMR) and note the ice conditions inComments on the DMR.

6.1

Chapter 6. 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 Expires:

Page 17

Permit #: MN0055662


2. 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)

2.1

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)

2.2

3. Polychlorinated Biphenyls (PCBs)

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

3.1

4. New Proposed Dewatering

The Permittee shall obtain a permit modification before discharging from a new dewatering outfall.4.1

In addition to the requirements in the Permit Modifications section of this permit, the Permittee shall submit tothe MPCA detailed plans and specifications for the proposed methods of achieving discharge limits for turbidityand total suspended solids, based in part upon representative water quality data for untreated wastewater and adetailed map and diagram description of the proposed design for the flow control structures, and route of thedischarge to receiving waters.

4.2

5. Application for Permit Reissuance

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.

5.1



Permit Expires:

Page 18

Permit #: MN0055662


5. Application for Permit Reissuance

The permit application shall include analytical data for at least the following parameters at monitoring stationSD-003:

a. biochemical oxygen demand, chemical oxygen demand, total organic carbon, gasoline range organics, dieselrange organics, fecal coliform, ammonia, temperature;

b. color, fluoride, nitrate-nitrite (as nitrogen), total organic nitrogen, oil and grease, total phosphorus, chloride,sulfate, sulfide (as sulfur), surfactants, bicarbonates, alkalinity, total salinity, total dissolved solids, specificconductance;

c. aluminum, antimony, arsenic, barium, beryllium, boron, cadmium, calcium, chromium, cobalt, copper, iron,lead, lithium, magnesium, manganese, molybdenum, nickel, potassium, selenium, silver, sodium, strontium,thallium, tin, titanium, vanadium, zinc (all in total form) using atomic absorption (AA) furnace methodsaccording to 40 CFR Part 136.3;

d. total mercury using EPA Method 1631;

5.2

Chapter 7. Stormwater Management

1. Authorization

This chapter authorizes the Permittee to discharge stormwater associated with industrial activity from industrialactivity associated with SIC code 1499 (miscellaneous nonmetallic minerals) in accordance with the terms andconditions 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 industrial facility. The goal of the Plan is to eliminate or minimize contact ofstormwater with significant materials that may result in pollution of the runoff. If contact cannot be eliminatedor reduced, stormwater that has contacted significant material should be treated before it is discharged from thesite.

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



Permit Expires:

Page 19

Permit #: MN0055662


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.

3.2

The SWPPP must include a facility map. The facility map shall include the following:

Identify where any of the following may be exposed to stormwater, including: mining or milling site boundaries;access and haul roads; outline of drainage areas of each monitoring location within the facility with indications ofthe types of discharges from the drainage areas; location of all permitted discharge points, outdoor equipmentstorage, fueling and maintenance areas; materials handling areas; outdoor manufacturing, outdoor storage andmaterial disposal areas; outdoor chemicals and explosives storage areas; overburden, materials, soils or wastestorage areas; location of mine drainage or other process water; tailings piles and ponds; heap leach pads; off-sitepoints of discharge for mine drainage and process water; surface waters; boundary of tributary areas that aresubject to effluent limits; location(s) of sites undergoing reclamation and reclaimed areas.

3.3

The SWPPP must identify potential pollutant sources.

For each area of the mine or mill site where stormwater discharges associated with industrial activities occur, thePermittee 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 or 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 the ore type being mined, thePermittee shall update the SWPPP with this information.

3.4

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

3.5



Permit Expires:

Page 20

Permit #: MN0055662


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 ofthe inspections is to: 1) determine whether structural and non-structural BMPs require maintenance or changes,and 2) evaluate the completeness and accuracy of the SWPPP.

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

If a facility is inactive and unstaffed, the Permittee is waived from the requirement to conduct monthlyinspections as required above and may conduct semi-annual inspections. If circumstances change, and thefacility becomes active and/or staffed, this exception no longer applies and compliance with the monthlyinspection requirements in accordance with Chapter 7 Part 5.1 shall begin immediately.

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



Permit Expires:

Page 21

Permit #: MN0055662


5. Inspection and Maintenance

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 (30) days and the BMP restored to full operation as soon asconditions allow.

5.5

6. 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, silt fences,dikes). The timing of the installation of sediment control practices may be adjusted to accommodate short-termactivities.

6.1

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

7.1

8. Benchmark Monitoring Requirements

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

8.1

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.Specified parameters shall be sampled on a calendar quarter basis beginning the first full quarter followingpermit issuance. Each quarterly sample may be collected at any time during the calendar quarter. Quarterlysample results must be averaged annually and the annual quarterly average must be reported on the DecemberDMR.

8.2

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 actions(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.

8.3

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.

8.4



Permit Expires:

Page 22

Permit #: MN0055662


8. Benchmark Monitoring Requirements

An average of the quarterly sample results shall be reported on an annual Discharge Monitoring Report (DMR)which shall be provided by the MPCA. DMRs shall be postmarked or electronically submitted by the 21st day ofJanuary each year following permit reissuance.

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

8.5

9. Application of Chemical Dust Suppressants

Chemical dust suppressants shall not be applied within 100 feet of the surface receiving waters identified in thispermit. These materials also shall not be applied within 100 feet of ditches that conduct surface flow to thesurface receiving waters identified in this permit.

9.1

Chemical dust suppressants shall not be applied within 200 feet of any private water supply well nor within1,000 feet of any public water supply well.

9.2

Chemical dust suppressants shall be applied in a manner that does not result in ponding or surface runoff, shallnot be applied during rainfall or other wet surface conditions, and shall not be applied to paved or otherimpervious areas.

9.3

10. 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/wastewater/wastewater.html.

10.1

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 SWPPP, inspection reports, annual reports,original laboratory sheets from analyses conducted on the waste stream, and BMP plans and specifications.

10.2

11. Records

The SWPPP shall be retained for the duration of the permit. A copy of the SWPPP shall remain on the permittedsite whenever Permittee staff are available on the site, and be available upon request. The Permittee shallmaintain 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; andd. a copy of all annual reports.

11.1

12. 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.

12.1

13. 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 (xi), it may submit: a) a No Exposure certification tothe MPCA in accordance with Minn. R. 7090.3060, and b) a permit application for a modification of theNPDES/SDS Permit.

13.1



Permit Expires:

Page 23

Permit #: MN0055662


13. Request for Termination of Stormwater Permit Coverage

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.

13.2

The no exposure exclusion is conditional. The Permittee 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 Permittee must comply with thestormwater requirements of this chapter.

13.3

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 Road North, St. Paul, MN 55155-4194.

13.4

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.

13.5

14. 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).

14.1

"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 eliminated 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.

14.2

"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 site runoff, spillage or leaks, sludge, wastedisposal or drainage from raw material storage.

14.3

"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.

14.4

"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.

14.5

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

14.6

"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.

14.7

"Runoff" means any liquid that drains over land from any part of a facility.14.8



Permit Expires:

Page 24

Permit #: MN0055662


14. Definitions

"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.

14.9

Chapter 8. Total Facility Requirements

1. General 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)

1.6

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



Permit Expires:

Page 25

Permit #: MN0055662



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 shall conduct analysesrequired by this permit. Analyses of dissolved oxygen, pH, temperature, specific conductance, and total residualoxidants (chlorine, bromine) do not need to be completed by a certified laboratory but shall comply withmanufacturers specifications for equipment calibration and use. (Minn. Stat. Sec. 144.97 through 144.98 andMinn. R. 4740.2010 and 4740.2050 through 4740.2120) (Minn. R. 4740.2010 and 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)

1.18

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



Permit Expires:

Page 26

Permit #: MN0055662



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

1.21

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



Permit Expires:

Page 27

Permit #: MN0055662



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)

1.28

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



Permit Expires:

Page 28

Permit #: MN0055662



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)

1.31



Permit Expires:

Page 29

Permit #: MN0055662



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



Permit Expires:

Page 30

Permit #: MN0055662



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.

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)

1.36

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)

1.37

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)

1.38

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.

1.39

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.

1.40

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.

1.41



Permit Expires:

Page 31

Permit #: MN0055662



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, itemM)

1.42

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)

1.43

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.

1.44

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.

1.45

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.

1.46

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)

1.47



Permit Expires:

Page 32

Permit #: MN0055662



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)

1.48

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.

1.49

Documents

STATE OF MINNESOTA Minnesota Pollution Control Agency · 2015-09-01 · The Aitkin agri‐peat Inc. ‐ Cromwell facility (facility) is located at NE 1/4 of NE 1/4 of Section 5, Township