State Permit Number WPCC 3028A/77NPDES Permit Number DE 00507;.!Effective Date May 15, 1937Expiration Date May !

AUTHORIZATION TO DISCHARGE UNDER THE

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM

AND THE LAWS OF THE

STATE OF DELAWARE

In compliance with che provisions of the Federal Water PollutionControl Act, as amended by the Clean Water Ace of 1977 (33 U.S.C, 1251et seq,) (hereinafter referred to as "the Act"), and pursuant Co theprovisions of 7 Del, C,, §6003

New Castle County Department of Public Works2701 Capitol TrailNewark, Delaware 19711

is authorized to discharge from the facility(Point Sources 001 ) located at

Army Creek Wellfield, located in the vicinity of Army Creek Landfill

to receiving waters named

Army Creek, a tributary of the Delaware River

The effluent limitations, monitoring requirements and other permi:conditions are set forth in Part I, II and III hereof.

R, Wayne Ashbee, Director Date SignedDivision of Water ResourcesDepartment of Natural Resourcesand Environmental Control

AR300076

Par: :Sca:e Feral: Nunber VPCC 3C28A/7"NPDES Permic Nunbe: 0E 0050741Page 2 of 17 Pages

A, General DeaertBC'.ar of Discharges and Facilities

Discharge 001 consis:s of groundwacer, fron 11 differen:groundwacer recovery wells char, is combined, creaced ind dischargedthrough a single oucfall :o Army Pond, The wells are punped forthe purpose of recovering landfill leachace fron che Army CreekLandfill, The pumping has created and concinues co maintain ahydraulic 'divide fo: che purpose of controlling che migration ofche leachace plume, The currenc recovery wells are identified asRW-1, RH-9, RH-10, RW-U, RU-12, RW-13, RW-U, RW-27, RW-28, RH-29and RH-31. These wells are shown on Che location nap below, Thecreamenc consists of aeracion and sedimentation in a lined lagoon.

AR300077

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AR30Q079

Par: IScace Permi: Number WPCC 3028A/77SPDES Perai: Number DE 00507^1Page 5 of 17 Pages

D. SCHEDULE OF COMPLIANCE

The permittee shall achieve compliance with the effluentlimitations specified for discharges in accordance wich chefollowing schedule:

None

2. No later chan 14 calendar days following a dace identified inche above schedule of compliance, che permiccee shall submiteicher a report of progress or, in che case of specific actionsbeing required by idencified daces, a written nocice ofcompliance or non-compliance. In cho lacser case, che nociceshall include che cause of noncompliance, any remedial actionstaken, and che probability of meeting che next scheduledrequirement,

E. Monitoring and Raporting

1, Represencacive Sampling

Samples and measurements caken as required herein shall berepresencacive of che volume and nacure of che monitoreddischarge,

2, Reporcing

Monitoring resulcs obcained during che previous one (1) monthshall be summarized for each month and reported on a DischargeMonitoring Report Form (EPA No, 3320-1), postmarked no laterchan che 28ch day of che month following che complecedreporting period, The firsc report is due on June 28, 1987,Signed copies of these, and all other reports required herein,shall be submitted to the Scace at che following address:

WATER POLLUTION CONTROL BRANCH OF THE DELAWARE DEPT. OFNATURAL RESOURCES AND ENVIRONMENTAL CONTROL, DIVISION OF WATERRESOURCES, R & R BUILDING, P, 0, BOX 1401, DOVER, DELAWARE19903 TELEPHONE: (302) 736-5726

AR300080

Part IStace Permit Mut.be: HPCC 2028A/77.VPDES Penile Number DE 00507̂ 1Faze 6 of 1

3. Definitions

a. The daily average discharge • The total discharge by weight duringa calendar month divided by the number of days in the month thatthe production or commercial facility was operating. Where lessthan daily sampling is required by this permit, the daily averagedischarge shall be determined by the summation of all the measureddaily discharges by weight divided by the number of days duringthe calendar month when the measurements were made.

b, The daily maximum discharge • The total discharge by weight duringany calendar day,

c, Maximum instantaneous concentration • The concentration of a pol-lutant in terms of milligrams per liter which represents the valueobtained from a grab sample of an effluent, The maximum instanta-neous concentration shall be based on a review of the degree offluctuation experienced in comparable systems, For purposes ofcompliance, the maximum Instantaneous concentration shall be basedon the actual analysis of the grab sample,

d. Bypass • The intentional diversion of wastes from any porr.ion of atreatment facility,

e. Upset - An exceptional incident in which there is unintentionaland temporary noncorapliance with technology-based permit affluentlimitations because of factors beyond the reasonable control ofthe permittee, An upset does noc include noncompliance to theextent caused by operational error, improperly designed treatmentfacility, inadequate treatment facilities, lack of preventivemaintenance or careless or improper operation,

f, Composite sample • A combination of individual samples obtainedat Intervals over a time period. Either the volume of each in-dividual sample is proportional to discharge flow rates or thesampling interval (for constant volume samples) is proportionalto the flow rates over the time period used to produce the com-posite. For a continuous discharge, a minimum of 24 individualgrab samples shall be collected and combined to constitute a 2**hour composite sample, For Intermittent discharges of 4-8 hoursduration, a minimum of 12 grab samples shall be collected andcombined to constitute che composite sample for the discharge.For intermittent discharges of less than 4 hours, a minimum ofindividual grab samples shall be collected and combined to con-stitute the composite sample equal to the duration o: che dis-charge In hours :imes 2 but not less than 3 samples.

g. Grab sample • Ar. individual sair.ple collected in less than 15minutes.

RR30008

Par: IState Permit Number KPCC 3028A/77NPDES Permit dumber DE 0050741Page 7 of 17 pages

h, I/S (immersion stabilisation) • A calibrated device is immersed inthe effluent scream until the reading is stabilized.

i, The monthly average temperature • The arithmetic mean of temperaturemeasurements made on an hourly basis, or the mean value plot of therecord of a continuous automated temperature recording instrument,either during a calendar month, or during che operating month ifflows are of shorter duration,

j. The daily maximum temperature • The highest arithmetic mean of thetemperature observed for any two (2) consecutive hours during a 24-hour day, or during the operating day if flows ace of shorter dura-tion,

k. Measured flow • Any method of liquid volume measurement the accuracyof which has been previously denonscrated in engineering practice, "or for which a relationship to absolute volume has been obtained,

1, Estimate • To be based on a technical evaluation of the sources con-tributing to the discharge including, but not limited to, pump capa-bilities, water meters and batch discharge volumes,

m, Non-contact cooling water • The water that is contained in a leak-free system, i.e., no contact with any gas, liquid, or solid otherthan the container for transport; the water shall have no netpoundage addition of any pollutant over intake water levels,

4. Test Procedures

Test procedures for the analysis of pollutants shall conform to theapplicable test procedures identified in 40 C.F.R., Part 136, unlessotherwise specified in this permit.

5, Quality Assurance Practices

The permittee is required to show the validity of all data by requiringits laboratory to adhere to the following minimum quality assurancepractices:

a, Duplicate'1' and spiked'*' samples raust be run for each constituent inthe permit on 5* of che samples, or at least on one sample per month,whichever is greater, If the analysis frequency is less than one sampleper month, duplicate and/or spiked samples muse be run for each analysis.

b. For spiked samples, a known amount of each constituent is to be added :othe discharge sample, The amount o£ constituent added should be ap-proximate lv the same amount present in :he unsptked sample, or roust beapproximate!.',' that stated as asaxisua or average in the discharge permit.

AR300082

Part IState Penult Number WTCC 3028A/77SPDES Permit Number DE 0050741.Page 3 of '.7 Pages

c, The daca obtained in a and b shall be summarized in an annualrepor. submitted at the end of the fourth quarter of reportingin terms of precision, percent recovery, and che number ofduplicate and spiked samples run, date and laboratory log no.of samples run and name of analyst,

d, Precision shall be calculated by the formula, standard devia-tion s - ( d /k) , where d is the difference between dupli-cate results, and k is che number of duplicate pairs used inche calculations.

e. Percent recovery shall be reported on the basis of che formulaR - 100 (F-I)/A, where F is che analytical resale of che spikedsample, I is the result before spiking of che sample, and A isthe amount of conscituenc added to che sample,

f, The percent recover/, R, in e above shall be summarized yearlyIn terms of mean recovery and standard deviation from che mean.The formula, s - ( (x-x) / (n-1) , where s is the standarddeviation around che mean x, x is an individual recovery value,and n is che number of daca poincs, shall be applied.

g. The permiccee or his contract laboracory is required coannually analyze an external quality control reference samplefor each pollutant. These are available through the EPAregional quality assurance coordinator. Results shall beincluded in che annual report, c above.

h. The penniccee and/or his concracc laboracory is required comaintain an up-to-date and continuous record of the methodused, of any deviations from the nechod or opcions employed inche reference method, of reagenc scandardizacion, of equipmentcalibracion and of che daca obtained in a, b and f above.

i. If a contract laboratory is utilized, che permiccee shallreporc che name and address of the laboracory and theparameters analyzed together with che monitoring data required.

Records

a, For each measurement or sample taken pursuant co cherequirements of chis penile, che permiccee shall record chefollowing informacion;

(1) The dace, exact place and time of sampling or measurements;

(2) The personis? whs performed the saaiplinj or measurements;

(3) The dates analyses were performed; AR300083

Par: IState Penult Number WPCC 3028A/77NPDES Perai: Nuaber DE 00507

Par: :iState Penal: Number '«'PCC 3028A/77NPBES Permi: Number DE OC507A1Page 10 of 17 Pages

A. MANAGEMENT REQUIREMENTS

1. Change in Discharge

All discharges authorized herein shall be consiscenc with che centsand conditions of this permit:. The discharge of any pollutantidentified in chis permit at a level in excess of chat authorizedshall constitute a violation of the permit. Any anticipatedfacility expansions, production increase, or process modificationswhich will result in new, different or increased discharge ofpolluants must be reported by submission of a new NPDES applicationat least 180 days prior to commencement of the changed discharge,Any other activity which would constitute cause for Bonification orrevocation and reissuance of this permit, as described in Part II,B-5 of this permit, shall be reported to the Department. Followingsuch notice, the permit may be modified to specify and limit anypollutants not previously limited,

2, Noncompliance Notification

a, If, for any reason, the permittee does not comply with or willbe unable to comply with any daily maximum effluent limitationsor maximum instantaneous concentration specified in thispermit, the permittee shall provide the Department with thefollowing information, in writing, within five (5) days ofbecoming aware of such conditions:

(1) A description of the discharge and cause of noncompltance;

(2) The period of noncompliance, Including exact dates andtines and the anticipated time when the discharge willreturn to compliance;

(3) Steps being taken to reduce, eliminate and prevent recur-rence of the noncomplying discharge.

b, In the case of any upset or discharge subject to any toxic pol-lutant effluent standard under Section 307(a) of the Act, theDepartment shall be notified within 24 hours of che time chepermittee becomes aware of the noncomplying discharge,Notification shall include information as descijfparagraph 2(a) above. If such notification is mawritten submission must follow within five (5) days of the cluethe permittee becomes aware of the noncomplying discharge.

Pare IIState Permit Number WPCC 3028A/77NPDES Permit Nuaber DE 0050741Page U of 17 Pages

3. Facilities Operation

The permittee shall ac all tinea maintain in good working order andoperate as efficiently as possible all collection and treatment fa-cilities and systems (and related appurtenances) installed or usedby the permittee to achieve compliance with the terns andconditions of this permit. Proper operation and maintenanceincludes, but is not limited to, effective performance based ondesigned facility removals, adequate funding, effective management,adequate operator staffing And training and adequate laboratory andprocess controls Including appropriate quality assuranceprocedures.

4. Adverse Impact

The permittee shall take all reasonable steps to minimize anyadverse impact to the waters of the Scate or the United Statesresulting from noncompliance with this permit, Including suchaccelerated or additional monitoring as necessary to determine thenature and impact of the noncomplying discharge.

5. Bypassing

Any bypass of treatment facilities necessary to maintain compliancewith the terms and conditions of this permit is prohibited unless:

a. The bypass Is unavoidable to prevent loss of life, personalinjury or severe property damage; and

b, There are no alternatives; and

c, The Department is notified within 24 hours (if orally notified,then followed by a written submission, within five (5) days ofthe permittee's becoming aware of the bypass. Whore the needfor a bypass la known (or should have been known) In advance,this notification shall be submitted to the Department for ap-proval at least ten (10) days before the date of bypass; and

d, The bypass is allowed under conditions determined by theDepartment to be necessary to minimize adverse effect asprovided under 7 Del. C., Chapter 60, 56011. onnnQC

6, Conditions Necessary for Demonstration of an Upset

An upset shall constitute an affirmative defense :o an actionbrought for noncompUance with technology-based effluentlirai:a:ions only if :he permittee demonstrates, through properlysigned contemporaneous operating '.ogs or o:r,er relevant evidence,that:

Par: IIScase Permit Number WPCC 3028A/77SPDES Permlc Number DE 0050741Page 12 of 17 Pages

a, An upsec occurred and chac the permittee can identify thespecific causa(s) of che upsec; and

b. The permitted facillcy was ac che cine being operaced in aprudenc and workman-like manner and in compliance with properoperation and maintenance procedures; and

c, The permittee submitted a notification of noncompliance asrequired by Pare II, A.2.b,

d. The permittee has taken all remedial measures required Cominimize adverse impact,

7, Removed Substances

Solids, sludges, filter backwash, or ocher pollutants removed inche course of collection or treatment of wascewaters shall bedisposed of in a manner such as co prevent any pollutant from suchmaterials from entering surface waters or groundwacera.

9. Failure

The permittee, in order co maintain compliance with ics permit,shall concrol produccion and all discharges upon reduccion, loss orfailure of che treatment facility uncil che facilicy is rescored oran alternative method of treatment is provided,

9. Alternative Power Source

In order co insure compliance with che effluent limitations and allother terms and conditions of this permit, che Department mayrequire that che permittee shall provide an alternative powersufficient to operate the wuscewaccr collection and treatmentfacilities in accordance with the Schedule of Compliance containedin Part I of this permit,

B, RESPONSIBILITY

1, Righc of Entry

The permittee shall allow the Secretary of che Department ofNatural Resources and Environmental Control, che RegionalAdministrator, and their authorized representatives, jointly andseverally, upon the presencacion of credentials and such ocherdocuments as may be required by law:

a, To encer upon the permittee's premises where a point source islocated or where any records are required to be kept under theteras and conditions of :his peoit; and

AR300087

Pare IIScace Ferals Number VPCC 3028A/77SPDES Permit Number DE 0050741Page 13 of 17 Pages

b. Ac reasonable elites to have access to and copy any records re-quired co be kept under the terras and conditions of thispermlc; co Inspect any monitoring equipment or monitoringmethod required In this permlc; co Inspect; any collection,treatment, pollution management, or discharge facilitiesrequired under this permit; and co sample any discharge ofpollutants,

2, Transfer of Ownership and Control

In che evenc of any change In ownership or control of facilitiesfrom which che authorized discharge emanates, che penult nay betransferred co another person If che permittee;

a. Notifies che Department, In writing, of che proposed transfer;and

b. A written agreement between che transferor and che transferee,Indicating che specific dace of proposed transfer of permitcoverage and acknowledging responsibilities of currenc and newpermittees for compliance wlch and liability for che terms andconditions of chin permit, Is submitted co the Department; and

c. The Department within thirty (30) days of receipt of chenotification of che proposed transfer does not notify thecurrent permittee and che new permittee of Intent to modify,revoke and reissue, or terminate che permit and require thac anew application be submitted,

3, Reapplication for a Penult

Ac lease ISO days before the expiration dace of this permit, thepermittee shall submit a new application for a permit or notify cheDepartment of the intenc to cease discharging by che expirationdace, In che evenc chat a timely and sufficient reapplicacion hasbeen submitted and the Department is unable, through no faulc ofche permittee, co issue a new permit before che expiration date ofthis permit, che terms and conditions of this permit areautomatically continued and remain fully effective and enforceable.

A, Availability of Reports

Except for data determined to be confidential under Section 308 ofthe Act, all reports prepared In accordance with the terms of thispermit shall be available for public inspection at che offices ofthe Department of Natural Sesour:es and Environmental Control, Asrequired by :he Act, effluent data shall no: be consideredconfidential. Kr.owtr.jly salting ar.y false statement on any suc'nreport aav result in *.he imposition of criminal penalties asprovided for under ' X../:., 56013. AR300088

Pace IIScace Penile Number HPCC 3028A/77NPDES Perait Number DE 0050741Page 14 of 1? Pages

5, Permit Modlficaclon, Revocation and Re Issuance and Termination

a. After notice and opportunity for a hearing, chls pemlc may bemodified, terminated, or revoked and reissued in whole or inpart during its term for cause including, but not limited to,the following:

(1) Violation of any terms or conditions of this permit;

(2) Obtaining this permit by misrepresentation or failure todisclose fully all relevant facts;

(3) A change in any condition that requires either a temporaryor permanent reduction or eliminacion of the authorizeddischarge; or

(4) Information that the permitted discharge poses a threat tohuman health or welfare,

b. In addition to the provisions of paragraph 5.a. above, thispermit may be modified, revoked and reissued in whole or tnpart, but not: terminated, after notice and opportunity for ahearing, for cause including, but not limited to, thefollowing:

(1) Material and substantial alterations or additions to thedischarger's operation which were not covered in theeffective permit provided that swh alterations do notconstitute total replacement of cne process or productionequipment causing the discharge which converts it into anew source;

(2) The existence of a factor or factors which, if properlyand timely brought to the attention of the Department,would have justified the application of limitations orothir requirements different from those required byapplicable standards or limitations but only if therequestor shows that such factor or factors arose afterthe final permit was issued;

(3) Revision, withdrawal or modification of State waterquality standards or Environmental Protection Agencypromulgated effluent limitations guidelines, but onlywhen:

(a) The peral: cera or condition requested :o be aodifiedor revoked was based on a promulgated effluentlimitations guideline or an Environmental ?rocec:!.jnAgencv approved S:a:e water quality standards.

AR300089

Par: IIState Permi: Nunber WPCC 3028A/77NPDES Permit Number DE 0050741Page 15 of 17 Pages

(b) The U.S. Environmental Protection Agency has:

(1) Revised, wlchdravm or modified chat pardon of theeffluent limitations guidelines on which the permitterm or condition was based; or

(ii) Approved a State action with regard to a wacerquality standard on which the permit term orcondition was based; and

(c) A request for modification or revocation and relssuance isfiled within ninety (90) days after Federal Registernotice is:

(i) Revision, withdrawal or modification of that portionof the effluent limitations guidelines; or

(11) The U.S. Environmental Protection Agency approval ofState action regarding a water quality standard;

(4) Judicial remand of Environmental Protection Agency promulgatedeffluent limitations guidelines, if the remand concerns chatportion of the guidelines on which the permit term or conditionwas based and the request is filed within ninety (90) days ofthe judicial remand;

(5) Any modification or revocation and reissuance of permitsspecifically authorized by the Act;

(6) To comply with any applicable standard or limitationpromulgated or approved under sections 301(b) (2) (C) and (D),304 (b) (2) and ?07 (a) (2) of the Clean Hater Ac:, If theeffluent standard or limitation so issued or approved:

(a) Contains different conditions or is otherwise morestringent than any effluent limitations in the permit; or

(b) Controls any pollutent not limited in the permit,

The permit as modified or reissued under this paragraph shallalso contain any other requirements of the Act the.; applicable.

(7) To contain a schedule of compliance leading to termination ofche direct discharge by a data which is no later than :hestatutory deadline;

(8) To modify a schedule of compliance In an Issued perai: Jo: goodand valla1 cause by a date which is no la:ev :har, :he statutorydeadline.

AR300090

Par: IIState Penult Number HPCC 3028A/77NPDES Perait Number DE 0050741Page 16 of 17 Pages

(9) To modify a schedule of compliance of a POTU which has receiveda grant, under section 202(a) (3) of the Ace, to reflect theamount of cine lose during construction of the Innovative andalternative facilities by a dace which is no later than thestatutory deadline,

6, Oil and Hazardous Substance Liability

Nothing in this permit shall be construed to preclude the institution ofany legal action or relieve the permittee from any responsibilities,liabilities, or penalties to which the permittee is or nay be subjectunder 7 Del! C.. Chapter 60.

7, State Laws

Nothing in this permit shall be construed to preclude the institution ofany legal action or relieve the permittee from any responsibilities,liabilities, or penalties established pursuant to any applicable Statelaw or regulation.

8, Discharge of Pollutants

Any person who causes or contributes to the discharge of a pollutantinto waters of the State or the United States either in excess of anyconditions specified in this permit or in absence of a specific permitcondition shall report such an incident to the Department as requiredunder 7 Del, C.. §6028.

9. Property Rights

The issuance of this permit neither conveys any property rights ineither real or personal property, or any exclusive privileges, norauthorizes any Injury to private property or any invasion of personalrights, or any Infringement of Federal, Stace or local laws orregulations,

10, Construction Authorizations

This permit: does not authorize or approve the construction of anyonshore or offshore physical structures or facilities or the undertakingof any work in any navigable waters,

11, Severability A R 30 00 9 I

The provisions of this permit are severable. If ar.y provision of thisperait is held invalid, the remainder of this permit shall not beaffected. If the application of any provision of this pernic so ar.ycircuroscar.ee is held invalid, ;:s application :o other circumstancesshall not bu affected.

Part IIIState Feralt Number WPCC 3028A/77NPDES Permit Number DE 00507*1Page 17 of 17 Pages

A. Special Conditions

1. This permit supersedes State Permit WPCC 3028/77, NPDES Permit DE 0050741 as issued onOctober 11, 1977,

2, Ic Is recognized chat the goal of the recovery well system Is to control the migration ofcontaminated groundwater for the purposes rf protecting downgradient groundwatersupplies, Further, in keeping with this goal It may be necessary and prudent to Installnew recovery wells from time to time and discontinue the use of existing recovery wellsand/or direct discharge certain new or existing wells to Army Creek or Pond, Prior tothe discharging of any new or existing groundwater recovery wells, directly orindirectly, to a surface water, the activity must be approved and the permit amended inaccordance with Part II,5(b) of this permit (see page 14).

3, Prior to the startup of any treatment equipment necessary to achieve compliance with theeffluent limitations contained herein, the services of a Delaware certified sewagetreatment plant operator shall be obtained for the operation and maintenance of theequipment, the operator shall, at a minimum, be licensed at the level necessary tocomply with the State of Delaware Regulations for Licensing Operators of UastewaterFacilities, as revised.

1 . a. Blomonltorlng shall be conducted using EPA test method 1002.0 Ceriodanhnla Survivaland Reproduction Test on 1004 effluent from discharge 001 and a control sample. Thesource of the control shall bo Artesian Water Company Wall Number 7 located in theLlangollen Wellfield, The testing procedure is outlined In the EPA publication ShortTerm Methods for F.scimatlng the Chronic Toxlcitv of Effluents and Receiving Waters toFreshwater Organisms (EPA/600/4-85/014, December 1985). Results shall be reported to:he Department within 30 days of the completion of the test. The results shall bereported according to EPA/600/4-85/014, Section 10, "Report Preparation". Based on areview of the results of the blomonitorlng, the Department may require periodicpriority pollutant scans of both the effluent and the control.

b. The Student's T Test shall be used to determine whether differences in control andeffluent biomonltorlng data are significant, Toxiclty of the effluent will bedemonstrated if either the survival or reproductabillty rates for the dischargesample are significantly less than, at the 5 percent confidence level, the rates forthe Artesian Hater Company Well Number 7. If any one test Indicates the effluent istoxic, a second and third set of samples shall be collected and tested for toxic icywithin the following 60 days,

c. If toxlclty Is encountered twice In a 90 day period the permittee shall submit forapproval, within 30 days of the teot completion, a plan for conducting a toxlcttyreduction evaluation. The results of the toxlclty reduction evaluation shall besubmitted in accordance with a schedule approved by the Department.

d. Based on the results of the toxics reduction evaluation, additional effluentlimitations, monitoring requirements and/or special conditions may be included in :hepermit, after notice and opportunity for a public hearing, If it is determineJ :r.i:additional treatment equipment is needed to rceet the revised permit conditions, tr.rpermittee shall expeclltiously tr.scall the necessary equipment in accordance with Aschedule approved by the Department. nnonnnno

ArijUU092