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S-A-r 3FDE.AAAREDE»ARTME'>,-C- NA-jRAu RESOURCES

& E',VtFJCM.'ESTAL CON-nC-

DIVISIOC, OF WATER RESOURCES89 * vr.s M.Gr*,1,*.. PO BC» MCI

S.«FA:C A»*tf. M*',AGEWE'.* C-.t« QE..A.',AME 19903 'i'E-E»«0'.E 1302)736 5731

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March 30, 1987

Mr. Alex Slinsky (3WM51) CERTIFIED MAILU.S. Environmental Protection Agency RETURN RECEIPT REQUESTEDRegion III841 Chestnut BuildingPhiladelphia, PA 19107

Re: March 30, 1987 Draft NPDESPermit DE 0050741Armv Creek Wellfield

Dear Mr,'xSlinsky:

Attached are the following:

1) A copy of my cover letter to. Mr. David C. Clark of the SewCasrle County Department of of'Public Works; »«~

2) The above referenced draft permit;3) March 30, 1987 fact sheet; and4) March 31, 1987 public notice.

The fact sheet provides the basis for the permit limits. If anyitem needs further explanation, please contact me. As per the 1983M.O.A., EPA has 30 day^ to review and comment on this non-waived draftpermit.

Sincerely,

J, Paul JonesEnvironmental EngineerWater Pollution Branch

cc: Marie C. Holman

Enclosures

AR30005L*

STATE OF DELAWAREDEPARTMENT OF NATURAL RESOURCES

ft ENVIRONMENTAL CONTROLDIVISION OF WATER RESOURCES

19 KINM HIGHWAY, P.O. son 1401iUBFACI WATIIt MAN«G(MINT DOrtB, DIUIW*I« I B»03 TILtFMONl. 13021 71« • S731

SCCTION

Harch 30, 1987

Mr, David C, Clark, P.E.Department of Public WorksNew Castle County2701 Capital TrailNewark, Delaware 19711

" Re: harch 30, 1967 Drift NPDESPenile DE 0050741

Dear Mr, Clark:

Enclosed for your review Is a copy of the above refurenctil draftpenult. The draft Is to be put on public notice on Harch 31, 1987.Also enclosed Is a copy of the notice and fact aheet,

Please note that the public nor.ice period ends Ajjrll 30, 1987.Please provide Be, by that date, with any comment* you may have,

Sincerely,

Paul JonesEnvironmental EngineerWater Pollution Branch

Alex Sllnsky, EPASaynour Crocs, DRBCWilliam Roger TrulttUe J. Beetichen

Enclosure

AR300055

DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROLDIVISION OF ENVIRONMENTAL CONTROL

R&R BUILDINGDOVER, DELAWARE 19903

NOTICE

APPLICATION FOR NPDES PERMIT TO DISCHARGE TO STATE WATERS

State Permit UFCC 1028A/74NPDES Penile DE 0050741

The New Castle County Department of Public Works has applied forrelssuince of che National Pollutant Discharge Elimination System(NPDES) permit to discharge recovered landfill leachace and groundwaCerCo Army Creek.

The applicant operates a groundwater and leachate recovery systemlocated In the vicinity of Llangollen Landfill, The County proposes toinstall a treatment system to treat che recovered water prior Co chedlacharge Co Army Creek.

On che basic of preliminary acaff review and application of lawfultcandards and regulations, che Division of Environmental Controlproposes Co Issue a penile Co discharge subject Co certain effluentlimitations and special conditions. These proposed dmrnlnatlons aretentative, Persons wishing Co cement upon or object Co che proposeddeterminetloni are Invited to aubnlt «ane In writing Co che aboveaddress no later than April 30, 1987. AH convent or objectionsreceived prior to April 30, 1967 will be considered in the formulationof final determination regarding the application, A public hearing•ay be held If reaponie to this notice Indicates significant publicIntaraac.

The application, related documents, proposed effluent limitationsand special condition!, fact sheets, comments received, and otherinformation is on file and nay be Inspected at che offices of cheDivision of Environmental Concrol at che R&R Building, 89 Kings Hwy,,Dover, DE; 14 Ashley Plice, Wllmlngton, DE, or Box 418 N. du PontHighway, Georgetown, DE. For additional Information or an appointmentCo Inspect che applications, please cell 736-S733 In Dover.

PLEASE PUBLISH IN THE: Division of Water Resources69 Kings Highway, P. 0. Box 1401

Homing News 6 Evening Journal Dover, Delava/UR 195(01") £ CBill Cd. 08040410"tn3UJO

Dace: March 31, 1987

MAR 3 01987FACT SHEET

NPDES Penult DE 0050741Scute Permit WPCC 302B/77

Neu Castle County Department of Public Works

The Department of Public Works for New Castle County, Delawarehas applied for relssuanct jf a National Pollutant DltchargeElimination System (NPDES) penult to discharge recovered landfillleachate and groundwater to Army Creek.

Facilit L^at^pr)

The facility Is located at Army Creek Wellfleld, which Is locatedIn the vicinity of Uangollen Landfill In New Castle County,

Activity Description

The New Castle County Department of Public Works pumps groundwaterand landfill leachate from 11 different groundwater recovery wells.The purpose of the activity Is to control the migration of landfillleachate by the creation and maintenance of a hydraulic dividedowngradlent of the landfill.

Statutory and pepilatorv Basic

The Delaware Department of Natural Resources and EnvironmentalControl (DNREC) proposes to reissue an NPDES penult to dischargewastewater aubject to certain affluent limitations Identified below.The effluent limitations are consistent with 40 CFR pXrt 122, the Stateof Delaware Regulations Governing the Control of Water Pollution, as•mended on June 23, 1963 and the State of Delaware Water QualityStandards for Streams. Section 402 of the Federal Clean Vatar Act of '1977 as amended and 7 Del. C.. Chapter 60 provide authority for NPDES "permit Issuance,

Receiving Stream Classification

The discharges are to the Army Creek which Is classified for thefollowing designated protected uses: secondary contact recreation;and the propagation and maintenance of fish, aquatic life andwildlife,

Description of the Discharge as Required bv the Permit

Discharge 001 consists of groundwater and landfill leachate thatIs pumped from 11 different recovery wells. The recovered water Is tobe combined and treated prior to being discharged to Amy Creek,

Proposed Effluent Limitations and Compliance Schedule

The DNREC has examined the above application and proposes toreissue the applicant a five (5) year permit to discharge subject tothe terms snd conditions as shown in the attachment,

AR300057

MAR 3 01987Basis for Effluent Limitations

The effluent limitations for discharge 001 are final limitations,The basis of which Is as follows:

Flaw; The flow limit has been sec at the proposed design race for thetreatment system which li necessary to achieve compliance with finaleffluent concentration limits,

Total Suspended Solids: The concentration limits are bated on theState of Delaware Regulations Governing the Control of Water Pollution,The loading Units ire consistent with the concentration and flowUnits,

Total Iron: The concentration Units are technology based limits andare set in accordance with the State of Delaware Regulations Governingthe Control of Water Pollution Section 8,03(c), The loading Halts areconsistent with the concentration and flow limits,

pH: The limits are technology based,

Procedure for Request in a Public Hearing

The procedure for requesting a public hearing la outlined In thepublic notice.

State Contact

None: J, Paul JonesTelephone Number: (302) 736-5733 _

flft300058

State Permit Nunber WPCC 302BA/77NFDES Permit Nunber DE 0050741Effective DateExpiration Dice

j

MAR *) 0 Wfi7 AUTHORIZATION TO DISCHARGE UNDER THE... . ' .... NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM

AND THE LAWS OF THE

STATE OF DELAWARE

In compliance with the provlilons of the Federal Water PollutionControl Act, at amended by the Clean Water Act of 1977 (33 U.S.C, 1251•t aeq.) (hereinafter referred to ai 'the Act*), and pursuant to theprovisions of 7 Del. C., $6003

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

Is authorized to discharge Iron the facility(Point Sources 001 ) located at

Army Creek Wellfleld, parts of which ara located on Llangollen Landfill•nd Delaware Sand and Gravel Landfill

. , . ,to receiving waters named ' • • '"'.''", '.''•'".•'.• '.'• .',' I>"'C5';"'-J

Army Creek, • tributary of the Delaware River . •~'~"'M'̂ "\.'-'-'". '?. ,'•.; ''.".••".'j'.'.X '•'1'>''"'.'/•,

The effluent limitations, monitoring requirements and other permitconditions are sec forth In Part 1, II and III hereof.

R. Wayne Aahbee, DirectorDivision of Water HesourcesDepartment of Natural Resourcesand Environmental Control

Fart IState Penult Number WPCC 3028A/77NPDES Penult Number DE 0050741

f 0198-7" 'A. Genera^ peserlptlon of Discharges ind Facilities

Discharge 001 consists of groundwater, fxon 11 differentgroundwater recovery wells chat li combined, treated and dischargedthrough a tingle outfall Co Army Fond, The velli an pumped forthe purpose of recovering landfill leachate from the LlangollenLandfill, The pumping has created and continues to naIntain ahydraulic divide for the purpose of controlling the migration ofthe leachate plume, The current recovery wells are identified asRW-1, RU-9, RW-10, RW-11, RW-12, RH-13, RW-U, RW-27, RM-2B, RI!-29and RW-31. These wells are shown on the location nap below, Tietreatment consists of aeration and Eedioentation in a lined lagocT,

flR300060

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AR30006I

AR300062

3 01987

Part IState Permit Number UPCC 3028A/77NPDES Penult Number DE 0050741p'8'5 Ofl7p'*e6

D. SCHEDULE OF COMPLIANCE

1. The permittee shall achieve compliance with the effluentlimitations specified for discharge! In accordance with thefollowing schedule:

None

2. No later than 14 calendar days following a date Identified Inthe above schedule of compliance, the permittee shall submit

•' althcr • tsport of progress or, In the case of specific actionsbeing required by Identified dates, a written notice ofcompliance or non-compliance. In the latter case, the noticeshall Include the cause of noncompllance, any remedial actionstaken, and the probability of Meeting the next scheduledrequirement.

E. Monitoring and Reporting

1. Representetlve Sampling

Saoples and Measurements taken as required herein •hall berepresentative of the volume and nature of the Monitored •

'fi '•-•'. Ol '-'.•.'•• '̂ Mharj*. ;. ••..•/. §: ••'.-.,.; ,•• V". '•'•̂ f*: ;::">

''Jf 2. Reporting . .!i

Part IState Permit Number WPCC 3026A/77NPDES Permit Number DE 0050741

• inr\ o A inn"? Page 6 of 17 PagesMAR 3 019873, .Definitions.

a, The dally 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 dally sampling is required by this permit, the dally 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 dally 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 laxlmum Instantaneous concentration ehall be basedon the actual anilysls of the grab cample,

A. Bypass • The Intentional diversion of wastes from any portion of atreatment facility.

e. Upset - An exceptional Incident In which there Is unintentionaland temporary nonconpllance with technology-based permit effluent

•.limitations becauae of factors beyond the reasonable control of -̂••;;.' the permittee, An upset does not Include nonconpllance to theextent caused by operational error, Improperly designed treatmentfeclllty, Inadequate treatment facilities, lack of preventive•slntenance or careless or Improper operation.

f. Composite sample - A combination of Individual samples obtainedat Intervals over e time period, Either the volume of each In-dividual sample la 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 shsll be collected and combined to constitute a 24hour composite saaple, For Intermittent discharges of 4-8 hoursduration, a minima of 12 grab samples shsll be collected andcombined to constIf Ha the 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 of the dis-charge In hours tines 3 but not less thinfl ftflrtlftrjc i

g. Crab sample • An individual sample collected in less than 15minutes,

Part 1State Penult Number WPCC 3028A/77NPPES Permit Number DE 0050741

h. 1/S (Immersion atablllzation) • A calibrated device la immersed inthe affluent streaa until the reading la stabilized,

1. The monthly average temperature • The arithmetic lean of temperaturemeasurements made on an hourly basis, or the lean value plot of therecord of a continuous automated temperature recording Instrument,either during a calendar nonth, or during the operating month ifflows are of ihorter duration.

j. The dally maximum temperature - The highest arithmetic mean of thetemperature observed for any two (2) consecutive hours during a 2A-

".' hour day, or during the operating day if flows are of ihorter dura-tion.

< k. • Measured flow • Any lethod of liquid volume measurement the accuracyof which has been previously demonstrated In engineering practice, 'or for which a relationship to absolute volume hat been obtained.

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

B, Non-contact cooling water • The water that la contained In a leak-' free system, I.e.. no contact with any (as, liquid, or aolld other

than the container for transport; the water ahall have no netpoundage addition of any pollutant over Intake water levels, __,

•*' ' *t. Tast Procedural ' ' ,vii:

'.l last procedural for the analysis of pollutants ahall conform to the '' 'j>̂V applicable teat procedures Identified In 40 C.F.IS,, Part 136, unless : ;'j'';•',

otherwise specified In thli perilt.

'.. S. 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'^' and spiked'2' samples Must be run for aach constituent Inthe permit on SI of the samples, or at least on one aaopl* per month,whichever la greater, If the analysis frequency li less than one sampleper aonth, duplicate and/or spiked samples mat be run for aach analysis.

b, For spiked samples, a known amount of each constituent Is to be added tothe dlschsrge sample. The aoount of constituent added should be ap-proximately the sane amount present in the unsplked saople, or must beapproximately that stated as maximum or average In the discharge permit.

AR300065

Part IState Permit Number WPCC 3028A/77NFDF.S Permit Number DE 0050741Page 8 of 17 Pages

MAR i) u 1387c, The data obtained In a And b shall be summarized in an annual

report submitted at the end of the fourth quarter of reportingIn terns of precision, percent recovery, and the 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 result!, and k Is the number of duplicate pairs used Inthe calculations,

e, Percent recovtry shall be reported on the basis of the formulaR - 100 (F-D/A, where F Is the analytical result of the spiked

'' eample, I It the result before spiking of the cample, and A Is•the amount of constituent added to the sample,

f, The percent recovery, R, In e above shall be summarized yearlyIn terms of Man recovery and standard deviation from the nan,The formula, i - ( (x-x) / (n-1) , where s Is the standarddeviation around the mean x, x Is an Individual recovery value,and n la the number of data polnta, shall be applied.

g, The permittee or his contract laboratory Is required toannually analyze an external quality control reference aaople , .for each pollutant. These are available through the EFA ,.regional quality *««urance coordinator. Results shall be __ ...

• .'•; . ; included in the annual report, e above. _ •'•j'iI.'*''!Virii',lV!?ii"̂'.

h, The pentlttee and/or his contract laboratory Is required to r '.-•••„'»£. Maintain sin up-to-date and contlnuoua record of the Method ' '.'•''.: l'̂ ."'\*'

used, of *ny deviations from the Method or options employed in ; r;: \'r':the reference method, of reagent standardization, of equipmentcalibration and of the data obtained In a, b and f above.

1. If c contract laboratory Is utilized, the permittee shallreport the name and address of the laboratory and theparameters analyzed together with the monitoring data required,

6, Records

e. For each Measurement or sample taken pursuant to therequirements of this permit, the permittee shall record thefollowing Information;

(1) The date, exact place and time of sampling or Measurements;

(2) The pirion(s) who performed the

(3) The datei analyses were performed;

Part In rp rp State Perrait Nurcber WPCC 3028A/77il Ip II NPDES Penult Nunber DE 0050741AJ U U p,ge 9 of 17 Pages

MAR 3 01987(it) The penon(i) who perforaed tach analysis;

(5) The analytical techniques or methods used;

(6) The results of each analyses; and

(7) The quality assurance Information as stated above.

b. An operator log must be kept on site at all tines. This logshould Include tine spent at the treatment facility on anydate, and the nature of operation and maintenance performed.

7. Additional Monitoring by Peralttee

If the permittee Monitors any pollutant at the location(t)designated herein More frequently than required by this penult,using approved analytical methods as specified above, the resultsof such aonltorlng shall be Included In the calculation andreporting of the values required In the Discharge Monitoring ReportForm (EPA No. 3320-1). Such Increased frequency shall also beIndicated,

6. Records Retention ,_,

All records and Information resulting from ths Monitoring .activities required by this permit Including all record* of ^

,. 'analyses performed and calibration and Maintenance of

Part IIState Permit Number WPCC 3028A/77NPDES Pemlt Number DE 0050761

MAR b u b&/A. MANAGEMENT REQUIREMENTS

1. Change in Discharge

All discharges authorized herein shall be consistent with the termsand conditions of this permit. The dlschsrge of any pollutantIdentified in this permit at a level in excess of that authorizedshall constitute a violation of the permit, Any anticipatedfacility expansions, production Increase, or process modificationswhich will result in new, different or Increased discharge ofpolluants oust 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 nodlfication or

. revocation and relasuance of this permit, as described In Part II,B-5 of this permit, shall be reported to the Department. Followingluch notice, the permit nay be modified to specify and limit anypollutants not previously limited.

2. Noncompllance Notification

a. If, for any raason, the permittee does not comply with or willbe unable to comply with any dally Baxlaum affluent limitationsor Baxlmum Instantaneous concentration specified In thispermit, the permittee shall provide the DepartneW with thefollowing Information, in writing, within five (5) days ofbecoming awara of auch conditions;

(1) A description of the discharge and cause of noncompllancc;'

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

(3) Steps being taken to reduce, eliminate and prevent recur-rence of the noncomplylng 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, theDepartaent shall be notified within 24 hours of the time thepermittee becomes aware of the noncomplylng discharge,Notification shall Include Information as described Inparagraph 2(a) abova. If such notification Is ude orally, awritten submission «ust follow within five (5) days of the tinethe permittee becomes aware of the noncomplylng discharge.

AR300068

Part IIState Permit Number WPCC 3028A/77NPDES Permit Number DE 0050741

MAR 3 01987 Pi«e " of 17 p'8es3, Facilities Operation

The permittee ahall at all tines aalntaln 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 terms 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 end training and adequate laboratory andprocess controls Including appropriate quality assuranceprocedures,

It, Adverse Impact

The permittee shall take all reasonable steps to minimize anyadverse Inpact to the waters of the State or the United Statesresulting fron nonconpllance vlth this permit, Including suchaccelerated or additional Monitoring as necessary to determine thenature and Inpact of the noncomplying discharge.

5, Bypassing

Any bypass of treatment facilities necessary to Balmaln compliancewith the terns and conditions of this permit la prohibited unless:

a. The bypass Is unavoidable to prevent loss of life, personal . >Injury or aevera property damage; and

t>. There are no alternatives; and

e. The Departaent Is notified within S4 hours (If orally notified,'then followed by a written submission, within five (5) days ofthe permittee's becoming aware of the bypass, Where tlic needfor a bypass la known (or ahould have been known) In advance,this notification ahall be submitted to the Departaent for ap-proval at least ten (10) days before th< date of bypass; and

d, The bypass la allowsd under conditions determined by theDepartment to be necessary to nlnlnlte adverse effect aaprovided under 7 pel. C.. Chapter 60, $6011,

6, Conditions Necessary for Deaonscratlon of an Upset

An upset shall constitute an affirmative defense to an actionbrought for noncompllance with technology-based effluentlimitations only If the permittee demonstrates, through properlysigned contemporaneous operating logs, or other relevsnt evidence,that:

AR300069

Part IIStite Permit Number WPCC 302BA/77NPDES Permit Nunber DE 0050741Page 12 of 17 Pages

«. An upict occurred and that the peralttce can Identify thespecific cause (a) of the upset; and

b. The permitted facility Mas at the tine being operated In aprudent and workman-like Banner and In compliance with properoperation and maintenance procedures; and

c, The permittee submitted a notification of noncompUance asrequired by Part 11, A.2,b.

d, The permittee has taken all remedial measures required tominimize adverse Impact.

7. ' Removed Substances

Solids, sludges, filter backwash, or other pollutants removed inthe course of collection or treatment of vastewaters shall bedisposed of In • Banner such as to prevent any pollutant from auch•aterlals from entering aurface vaters or groundwatera.

6. Failure

The permittee, In order to aalntaln compliance with Its permit,•hall control production and all discharges upon redVEtion, loss orfailure of the traataent facility until the facility la restored oram alternative aethod of treatment li provided,

, • * • ' '' "9. ''Alternative Power Source ' '• '"

In order to inaure compliance with the affluent limitations and allother terms and condition* of this permit, the Departaent auy ' 'require that the permittee ihall provide an alternative powaraufflcient to operate the vastevater collection and treatmentfacilities In accordance with the Schedule of Compliance containedIn Part I of thla permit,

B, RESPONSIBILITY

1. Right of Entry

The permittee shall allow the Secretary of the Department ofNatural Resourcis and Environmental Control, the RegionalAdministrator, and their authorlted rapKientatlves, jointly andacverally, upon the priaentation of credentiala and auch otherdocuments as may be required by law:

a. To enter upon the permittee's premises where a point lource lalocated or where any records are required to be kept under theterms and conditions of this permit; and

AR300070

Part IIState temit Number WPCC 3028A/77NPDES Percit Number DE 0050741Page 13 of 17 Pages

b, At reasonable .times to have access to and copy any records re-quired to be kept under the tens and conditions of thispermit; to Inspect any tonltorlng equipment or monitoringmethod required In this permit; to Inspect any collection,treatment, pollution management, or discharge facilitiesrequired under this permit; and to sample any discharge ofpollutants,

2, Transfer of Ownership and Control

In the event of any change in ownership or control of facilitiesfrom which the authorized discharge emanates, the permit may betransferred to another person If the permittee',

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

b. A written agreement between the transferer and the transferee,Indicating the epeciflc date of proposed transfer of permitcoverage and acknowledging responsibilities of current and newpermittees for compliance with and liability for the terms andconditions of this permit, Is aubmltted to the Department; and

c. The Department within thirty (30) days of recelpTof thenotification of the proposed transfer does not notify thecurrent permittee and the new permittee of Intent to modify,revoke and reissue, or terminate the permit and require that • '•new application be aubmltted,

3. Reappllcatlon for a Fernit

At least 1BO days before the expiration date of this permit, thepermittee ahall submit a new application for a permit or notify theDepartment of the Intent to cease discharging by the expirationdate. In the event that a timely and sufficient reappllcatlon hanbeen submitted and the Department Is unable, through no fault ofthe permittee, to Issue a new permit before the expiration date ofthis permit, the terms and conditions of this permit areautomatically continued and remain fully effective and enforceable,

4. 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 the offices ofthe Departmei.t of Natural Resources and Environmental Control, Asrequired by the Act, effluent data ahall not be consideredconfidential, Knowingly making any false statement on any suchreport may result In the imposition of crUlnal penalties asprovided for under 7 Del. C.. S6013.

RR3Q007

H State Penult Number WPCC 3028A/77MAR 3 0 1987 NPDES ftnit Number DEPage 1A of 17 Pages

5, Permit Modification, Revocation and Rrlaauanca and Termination

a. Aftar notice and opportunity for a hearing, thli permit nay be•odlfled, terminated, or revoked and rclaiued In whole or inpart during Its term foe cause Including, but not limited to,the following:

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

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

(3) A change In any condition that requires lither a temporary• ' ' or permanent reduction or elimination of the authorized

discharge ; or

(A) Information that the permitted discharge poses a threat tohuman health or welfare.

b. In addition to the provisions of paragraph 5, a. above, thispermit Bay be acidified, revoked and reissued In whole or Inpart, but not terminated, after notice and opportunity for ahearing, for cause Including, but not Halted to, thefollowing: •—

(1) Malarial and substantial alterations or addition* to the ,discharger'! operation which wars not covered in the . ; ̂'•«f fectlvs permit provided that such alteration! do not •constitute total replacement of the process or production•qulpment causing the discharge trtilch converts It Into « '';new aourcs; •

(2) The existence of a (actor or factors which, If properlyand timely brought to the attention of the Department,would have justified the application of limitations orother requirements different froa 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 stodiflcatlon of State waterquality atandards or Environmental Protection Agencypromulgated affluent limitations guidelines, but onlywhen:

(a) The permit term or condition requested to be modifiedor revoked was based on a promulgated effluentlimitations guideline or an Environmental ProtectionAgency approved State water quality standards,

AR300072

Part 11State Permit Nunber WPCC 3028A/77NPDES Penult Nunber DE 00507A1

MAR 3 01987 p*8' 15 of 17 P'B"(b) The U.S. Environmental Protection Agency has:

(1) Revised, withdrawn or Modified that portion of theeffluent limitations guidelines on which the penultterm or condition was based; or

(11) Approved a State action with regard to a waterquality standard on which the permit tem orcondition was based; and

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

(1) 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;

(It) Judicial remand of Environmental Protection Agency promulgatedaffluent limitations guidelines, If the remand concerns thatportion of the guidelines on which the penult tern or conditionwas based and the request la filed within ninety (90) days ofthe judicial remand; •_'.

'. •.' (5) Any Modification or revocation and relecuance cf pernlte '. .'••>'*;;•pacifically authorlred by the Act; " ;•'".

(6) To comply with any applicable standard «r lUltatlon ',!'"!promulgated or approved under aectlona 301(b) (2) (C) and (D),'V304 (b) (2) and 307 (a) (2) of the Claan Water Act, tf theaffluent standard or limitation so Isaued or approved:

(a) Contains different conditions or la otherwise Morestringent than any affluent limitations In the penult; or

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

The permit as lodlfled or reissued under this paragraph shallalso contain any other requirement! of the Act then applicable.

(7) To contain a schedule of compliance leading to termination ofthe direct discharge by a date which Is no later than thestatutory deadline;

(8) To modify a schedule of compliance In an Issued permit for goodend valid cause by a date which lc no later than the statutorydeadline.

AR300073

Part IIState Permit Number WPCC 302BA/77

MAR '•! (I 1QR7 " NPDES Pernlt Number DE 0050741Km o U I9B/ Ptge 16 of „ Plges

(9) To nodify • ichtdule of couplUnce of • POTU which has-received« grant, under section 202(») (3) of the Act, to reflect the•mount of tine lost during construction of the Innovative andalternative facilities by a data which ii 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 fron any responsibilities,liabilities, or penalties to which the permittee is or nay be lubjectunder 7 pel. C.. Chapter 60.

7, State Laws

Nothing in this penult aha11 be construed to preclude the institution of•any legal action or relieve the permittee from any responsibilities,liabilities, or penaltlet established pursuant Co any applicable Statelav 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 atithesTn axcass of anyconditions specified In this permit or In absence of • specific penult •condition ahall report «uch an Incident Co the Department « required ',

•..;.;under 7 fisLjG., »)6028, . ,, • . • . , ..-. *•

9, Property Eights

The Issuance of this peralt neither conveys any property rights In ",

Part IIIState Permit Number WPCC 3028A/77

« n . T NPDES Permit Number DE 0050741MAR 3 01987 p.ge i? of » p.g.sSpecial Conditions

1, Thli permit supersedes State Pemlt VPCC 3026/77, NPDES Permit DE 0050741 as Issued 01October 11, 1977.

2, It li recognizer' that the goal of the recovery veil system is to control the migrationof contaminated groundwiter for the purposes of protecting downgradient groundwatersupplies, Further, in keeping with this goal it nay be necessary and prudent toInstall new recovery wells from tine to time and discontinue the use of existingrecovery wells, Prior to the discharging of any new grounduater recovery wells,directly or indirectly, to a surface water, the activity oust be approved by theDivision of Water Resources, Additionally, this permit must be amended to reflect thadditional wells,

3, Prior to the startup of any treatment equipment necessary to achieve compliance withthe affluent limitations contained herein, the aervices of • Delaware certified aewagtreatment plant operator ihall be obtained for the operation and Maintenance of tht•quipnent. The operator ahall, at a Minimum, be licensed at the level necessary to 'comply with tht State oi Delaware Regulations for Licensing Operators of WastawatarFacilities, as revised,

4. •,. Bloaonltorlng ehall be conducted using EPA teat siethod 1002.0 Ctrlodsohnla Survlv,and Reproduction Teat on 1001 affluent from discharge 001 and a control sample.The source of the control ihall be Artesian Water CoiJUny Veil lumbar 7 located lithe Llangollen Vellfleld. The testing procedure Is outlined in the EPA publlcatlShort Tern Methods for Estimating the Chronic Toxlcltv of Effluents and Receiving

,..•/. Maters to Freshvattr Qritnlstnc (EPA/600/4-e5/014, fecMber 198S). Results «hi.H 1-' ••' reported to the Department within 30 days of the completion of the tait, -'The "

rasulta ahall be reported according to EPA/600/4-B5/OU, Section 10, "Report . _,' . Preparation'. Baaed on * review of the results of the blomonltorlng, the • ' •

, Department suy require periodic priority pollutant •cans of both the affluent «ndthe control.

b, The Student's T Test ahall be used to determine whether differences incontrol and effluent blomonltorlng data are significant, Toxlcity of the effluenwill be demonstrated if either the survival or reproductabllity rates for thedischarge sample are significantly less than, at the 95 percent confidence level,the rates for the Artesian Utter Company Well Number 7, If any one test indicatethe effluent is toxic, a second and third set of samples ahall be collected andtasted for toxlcity within the following 60 days,

c, If toxlcity is encountered twice in a 90 day period the permittee ahall submit fo:approval, within 30 days of the test completion, a plan for conducting a toxlcityreduction evaluation, The reaults of the toxlcity reduction evaluation shall besubmitted In accordance with a schedule approved by the Department,

d, Based on the results of the toxics reduction evaluation, additionaleffluent limitations, aonltorlng requirements and/or special conditionsnay be included in the permit, after notice and opportunity for a publichearing, If it is determined that additional treatment equipment Isneeded to neec the revised permit conditions, the pjralttee »hall expedltiouslyInstall the necessary equipment In accordance with A H