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STATE OF MISSOURI DEPARTMENT OF NATURAL RESOURCES MISSOURI CLEAN WATER COMMISSION MISSOURI STATE OPERATING PERMIT In compliance with the Missouri Clean Water Law, (Chapter 644 R.S. Mo. as amended, hereinafter, the Law), and the Federal Water Pollution Control Act (Public Law 92-500, 92nd Congress) as amended, Permit No. MO-0116661 Owner: Address: BNSF Railway Company 920 Southeast Quincy, Topeka, KS 66612 Continuing Authority: Address: Same as above Same as above Facility Name: Facility Address: BNSF Lindenwood Yard 3500 Wellington Ave. St. Louis, MO 63139 Legal Description: Latitude/Longitude: See Page 2 See Page 2 Receiving Stream: First Classified Stream and ID: USGS Basin & Sub-watershed No.: See Page 2 See Page 2 See Page 2 is authorized to discharge from the facility described herein, in accordance with the effluent limitations and monitoring requirements as set forth herein: FACILITY DESCRIPTION See Page 2 This permit authorizes only wastewater discharges under the Missouri Clean Water Law and the National Pollutant Discharge Elimination System; it does not apply to other regulated areas. This permit may be appealed in accordance with Section 644.051.6 of the Law. November 19, 2010 Effective Date Kip A. Stetzler, Acting Director, Department of Natural Resources November 18, 2015 Expiration Date Mike Struckhoff, Director, St. Louis Regional Office Page No. 2 of 6 Permit No. MO-0116661 FACILITY DESCRIPTION Outfall # 001 - Eliminated – Rail yard reconfigured so that stormwater is contained, passed thru oil & water separator and pumped to POTW. Railroad Yard – SIC # 4011 – Storm water runoff/ parking lot/ 25,000 gallon diesel fuel tank. Legal Description: Land Grant 2037, City of St. Louis UTM Coordinates: X = 733795, Y = 4275981 Receiving stream: Tributary to River Des Peres (U) First classified receiving stream: River Des Peres (P) (03827) USGS Basin and Sub-watershed No: (07140101 – 070003) Design flow: 0.65 MGD. Outfall # 002 - Railroad Yard – SIC # 4011 – Storm water runoff Railroad Yard. Legal Description: Land Grant 2037, City of St. Louis UTM Coordinates: X = 733947, Y = 4276158 Receiving stream: Tributary to River Des Peres (U) First classified receiving stream: River Des Peres (P) (03827) USGS Basin and Sub-watershed No: (07140101 – 070003) Design flow: 1.29 MGD. Outfall # 003 – Eliminated - Paved parking lot where maintenance activities have been removed. Railroad Yard – SIC # 4011 – Storm water runoff/ Hub area. Legal Description: Land Grant 2037, City of St. Louis UTM Coordinates: X = 733941, Y = 4276365 Receiving stream: Tributary to River Des Peres (U) First classified receiving stream: River Des Peres (P) (03827) USGS Basin and Sub-watershed No: (07140101 – 070003) Design flow: 0.022 MGD. Outfall # 004 – Eliminated. Remediation completed in 2003. Railroad Yard – SIC # 4011 – Storm water runoff/ ballast. Legal Description: Land Grant 2037, City of St. Louis & St. Louis County UTM Coordinates: X = 733537, Y = 4275745 Receiving stream: Tributary to River Des Peres (U) First classified receiving stream: River Des Peres (P) (03827) USGS Basin and Sub-watershed No: (07140101 – 070003) Design flow: variable depending upon area under remediation. PAGE NUMBER A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS 3 of 6 PERMIT NUMBER MO-0116661 The permittee is authorized to discharge from outfall(s) with serial number(s) as specified in the application for this permit. The final effluent limitations shall become effective upon issuance and remain in effect until expiration of the permit. Such discharges shall be controlled, limited and monitored by the permittee as specified below: OUTFALL NUMBER AND EFFLUENT PARAMETER(S) FINAL EFFLUENT LIMITATIONS MONITORING REQUIREMENTS UNITS DAILY MAXIMUM WEEKLY AVERAGE MONTHLY AVERAGE MEASUREMENT FREQUENCY SAMPLE TYPE Outfall #002 Flow (note 1) MGD * * once/quarter** 24 hr. total Chemical Oxygen Demand 5 mg/L 120 90 once/quarter** grab Total Suspended Solids mg/L 100 50 once/quarter** grab mL/L/hr 1.5 1.0 once/quarter** grab SU *** *** once/quarter** grab Oil & Grease mg/L 15 10 once/quarter** grab Polycyclic Aromatic Hydrocarbons mg/L * * once/quarter** grab Phenolics mg/L * * Settleable Solids pH – Units once/quarter** grab MONITORING REPORTS SHALL BE SUBMITTED QUARTERLY; THE FIRST REPORT IS DUE APRIL 28, 2011. THERE SHALL BE NO DISCHARGE OF FLOATING SOLIDS OR VISIBLE FOAM IN OTHER THAN TRACE AMOUNTS. B. STANDARD CONDITIONS IN ADDITION TO SPECIFIED CONDITIONS STATED HEREIN, THIS PERMIT IS SUBJECT TO THE ATTACHED Part I STANDARD CONDITIONS DATED October 1, 1980 , AND HEREBY INCORPORATED AS THOUGH FULLY SET FORTH HEREIN. MO 780-0010 (8/91) A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (continued) * Monitoring requirement only. ** All samples shall be collected from a discharge resulting from a precipitation event greater than 0.1 inches in magnitude and that occurs at least 72 hours from the previously measurable precipitation event. Sampling shall occur at least once per Quarter as shown in the table below. If a precipitation event does not occur within the reporting period, report as “no discharge”. Sample discharge at least once for the months of: January, February, March (1st Quarter) April, May, June (2nd Quarter) July, August, September (3rd Quarter) October, November, December (4th Quarter) *** Report is due: April 28 July 28 October 28 January 28 pH is measured in pH units and is not to be averaged. The pH is limited to the range of 6.5-9.0 pH units. C. SPECIAL CONDITIONS 1. This permit may be reopened and modified, or alternatively revoked and reissued, to: (a) Comply with any applicable effluent standard or limitation issued or approved under Sections 301(b)(2)(C) and (D), 304(b)(2), and 307(a) (2) of the Clean Water Act, if the effluent standard or limitation so issued or approved: (1) contains different conditions or is otherwise more stringent than any effluent limitation in the permit; or (2) controls any pollutant not limited in the permit. (b) Incorporate new or modified effluent limitations or other conditions, if the result of a waste load allocation study, toxicity test or other information indicates changes are necessary to assure compliance with Missouri’s Water Quality Standards. ` Page 4 of 6 Permit No. MO-0116661 C. SPECIAL CONDITIONS (continued) (c) Incorporate new or modified effluent limitations or other conditions if, as the result of a watershed analysis, a Total Maximum Daily Load (TMDL) limitation is developed for the receiving waters which are currently included in Missouri’s list of waters of the state not fully achieving the state’s water quality standards, also called the 303(d) list. The permit as modified or reissued under this paragraph shall also contain any other requirements of the Clean Water Act then applicable. 2. All outfalls must be clearly marked in the field. 3. Changes in Discharges of Toxic Substances The permittee shall notify the Director as soon as it knows or has reason to believe: (a) That any activity has occurred or will occur which would result in the discharge of any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels:" (1) One hundred micrograms per liter (100 µg/L); (2) Two hundred micrograms per liter (200 µg/L) for acrolein and acrylonitrile; five hundred micrograms per liter (500 µg/L) for 2,5 dinitrophenol and for 2-methyl-4, 6-dinitrophenol; and one milligram per liter (1 mg/L) for antimony; (3) Five (5) times the maximum concentration value reported for the pollutant in the permit application; (4) The level established in Part A of the permit by the Director. (b) That they have begun or expect to begin to use or manufacture as an intermediate or final product or byproduct any toxic pollutant, which was not reported in the permit application. 4. Report as no-discharge when a discharge does not occur during the report period. 5. Water Quality Standards (a) Discharges to waters of the state shall not cause a violation of water quality standards rule under 10 CSR 20-7.031, including both specific and general criteria. (b) General Criteria. The following general water quality criteria shall be applicable to all waters of the state at all times including mixing zones. No water contaminant, by itself or in combination with other substances, shall prevent the waters of the state from meeting the following conditions: (1) Waters shall be free from substances in sufficient amounts to cause the formation of putrescent, unsightly or harmful bottom deposits or prevent full maintenance of beneficial uses; (2) Waters shall be free from oil, scum and floating debris in sufficient amounts to be unsightly or prevent full maintenance of beneficial uses; (3) Waters shall be free from substances in sufficient amounts to cause unsightly color or turbidity, offensive odor or prevent full maintenance of beneficial uses; (4) Waters shall be free from substances or conditions in sufficient amounts to result in toxicity to human, animal or aquatic life; (5) There shall be no significant human health hazard from incidental contact with the water; (6) There shall be no acute toxicity to livestock or wildlife watering; (7) Waters shall be free from physical, chemical or hydrologic changes that would impair the natural biological community; (8) Waters shall be free from used tires, car bodies, appliances, demolition debris, used vehicles or equipment and solid waste as defined in Missouri's Solid Waste Law, section 260.200, RSMo, except as the use of such materials is specifically permitted pursuant to section 260.200-260.247. 6. A Storm Water Pollution Prevention Plan (SWPPP) shall be developed and implemented which must address the entire facility. The SWPPP must be prepared within 30 days and implemented within 60 days of the permit issuance. The SWPPP must be kept on-site and should not be sent to DNR unless specifically requested. The permittee shall select, install, use, operate, and maintain the Best Management Practices prescribed in the SWPPP in accordance with the concepts and methods described in the following document: Storm Water Management For Industrial Activities, Developing Pollution Prevention Plans and Best Management Activities, (Document number EPA 832-R-92-006) published by the United States Environmental Protection Agency (USEPA) in September 1992. Page 5 of 6 Permit No. MO-0116661 C. SPECIAL CONDITIONS (continued) The SWPPP must include the following: (a) An assessment of all storm water discharges associated with the facility. This must include a list of potential contaminants and an annual estimate of amounts that will be used in the described activities. (b) A listing of Best Management Practices (BMPs) and a narrative explaining how BMPs will be implemented to control and minimize the amount of potential contaminants that may enter storm water. A schedule for implementing the BMPs. The SWPPP must include a schedule for a monthly site inspection and a brief written report. The inspections must include observation and evaluation of BMP effectiveness, deficiencies, and corrective measures that will be taken. Deficiencies must be corrected within seven days and the department must be notified by letter. Any corrective measure that necessitates major construction may also need a construction permit. Inspection reports must be kept on site with the SWPPP. These must be made available to DNR personnel upon request. A provision of designating an individual to be responsible for environmental matters. A provision for providing training to all personnel involved in material handling and storage, and housekeeping of areas having materials exposed to stormwater. Proof of training shall be submitted on request of DNR. (c) (d) (e) (f) (g) 7. All paint, solvents, petroleum products and petroleum waste products (except fuels), and storage containers (such as drums, cans,or cartons) shall be stored so that these materials are not exposed to storm water. Spill prevention, control, and/or management shall be provided sufficient to prevent any spills of these pollutants from entering a water of the state. Any containment system used to implement this requirement shall be constructed of materials compatible with the substances contained and shall also prevent the contamination of groundwater. 8. Collection facilities shall be provided on-site, and arrangement made for proper disposal of waste products, including but not limited to petroleum waste products and solvents. 9. Good housekeeping practices shall be maintained on the site to keep solid waste from entry into waters of the state. 10. All fueling facilities present on the site shall adhere to applicable federal and state regulations concerning underground storage, above ground storage, and dispensers, including spill prevention, control and counter measures. 11. An individual shall be designated by the permittee as responsible for environmental matters. Staff of the permitted facility shall inspect, on each workday, any structures that function to prevent pollution of storm water or to remove pollutants from storm water and of the facility in general to ensure that any Best Management Practices are continually implemented and effective. 12. All involved personnel shall be trained in material handling and storage, and housekeeping of areas having materials exposed to stormwater. Upon request, proof of training shall be submitted to the Department. 13. Spill prevention, control and/or management shall be provided sufficient to prevent any spills of pollutants from entering a water of the state. Any spills of chemicals in any secondary containment area or operational containment area should be removed in such a manner to prevent any release of chemicals to waters of the state in violation of any applicable law or the effluent limits specified herein. Any containment system used to implement this requirement shall be constructed of materials compatible with the substances contained and shall also prevent the contamination of groundwater. REPORTING OF EFFLUENT VIOLATION If any of the sampling results from any of the outfalls show any violation of the permit discharge limitations, written notification shall be made to the Department of Natural Resources within five (5) days of notification of analytical results. Notification shall indicate the date(s) of sample collection, the analytical results, and permit number, and shall include a statement concerning the revisions or modifications in management practices that are being implemented to address the violation of the limitations that occurred. After a violation has been reported, a sample of storm water runoff resulting from the next rainfall greater than 0.3 inches shall be collected at outfall(s) for which the violation occurred. Analytical results of this sample shall be submitted in writing to the Department of Natural Resources (this paragraph supersedes Part I, Section B: e.A. Noncompliance Notification). Page 6 of 6 Permit No. MO-0116661 C. SPECIAL CONDITIONS (continued) RECORDS RETENTION AND REPORTING Monitoring reports shall be submitted within 28 days after the end of each quarter. All sampling data shall be maintained by the permittee for a period of five (5) years and shall be supplied to the Department of Natural Resources upon written request (supersedes Part I, Section A: 7. Records Retention). A copy of all of the sampling data must be submitted with an application for reissuance of this permit. PERMIT TRANSFER This permit may be transferred to a new owner by submitting an “Application for Transfer of Operating Permit” signed by the seller and buyer of the facility, along with the appropriate modification fee. PERMIT RENEWAL REQUIREMENTS Unless this permit is terminated, the permittee shall submit an application for the renewal of this permit no later than six (6) months prior to the permit’s expiration date. Failure to apply for renewal may result in termination of this permit and enforcement action to compel compliance with this condition and the Missouri Clean Water Law. TERMINATION In order to terminate this permit, the permittee shall notify the department by submitting Form J, included with the State Operating Permit. The permittee shall complete Form J and mail it to the department at the address noted in the cover letter of this permit. Proper closure of any storage structure is required prior to permit termination. A closure plan shall be submitted to the department and approved prior to initiating closure activities. DUTY OF COMPLIANCE The permittee shall comply with all conditions of this permit. Any noncompliance with this permit constitutes a violation of Chapter 644, Missouri Clean Water Law, and 10 CSR 20-6. Noncompliance may result in enforcement action, termination of this authorization, or denial of the permittee's request for renewal. BNSF Lindenwood Yard Page # 1 Fact Sheet Version 02/20/2009 Missouri Department of Natural Resources FACT SHEET FOR THE PURPOSE OF RENEWAL OF MO-0116661 BNSF LINDENWOOD YARD The Federal Water Pollution Control Act ("Clean Water Act" Section 402 Public Law 92-500 as amended) established the National Pollution Discharge Elimination System (NPDES) permit program. This program regulates the discharge of pollutants from point sources into the waters of the United States, and the release of storm water from certain point sources. All such discharges are unlawful without a permit (Section 301 of the "Clean Water Act"). After a permit is obtained, a discharge not in compliance with all permit terms and conditions is unlawful. Missouri State Operating Permits (MSOPs) are issued by the Director of the Missouri Department of Natural Resources (department) under an approved program, operating in accordance with federal and state laws (Federal "Clean Water Act" and "Missouri Clean Water Law" Section 644 as amended). MSOPs are issued for a period of five (5) years unless otherwise specified. As per [40 CFR Part 124.8(a)] and [10 CSR 20-6.020(1)2.] a Factsheet shall be prepared to give pertinent information regarding the applicable regulations, rationale for the development of effluent limitations and conditions, and the public participation process for the Missouri State Operating Permit (operating permit) listed below. A Factsheet is not an enforceable part of an operating permit. This Factsheet is for a Major , Minor , Industrial Facility ; Variance ; Master General Permit ; General Permit Covered Facility ; and/or permit with widespread public interest . Facility name Page # 2 Fact Sheet Version 02/20/2009 Part I – Facility Information Facility Type: Facility SIC Code(s): IND 4011 Facility Description: Storm water run-off from railroad switch/ maintenance/ fuel yard Have any changes occurred at this facility or in the receiving water body that effects effluent limit derivation? - Yes; (please provide simple description or reference appropriate location in the Fact Sheet. Outfall # 001 - Eliminated – Railyard reconfigured so that stormwater is contained, passed thru oil & water separator and pumped to POTW. Outfall # 002 - Railroad Yard – SIC # 4011 – Storm water runoff Railroad Yard. No change. Outfall # 003 – Eliminated - Paved parking lot where maintenance activities have been removed. Outfall # 004 – Eliminated. Remediation completed in 2003. Application Date: Expiration Date: Last Inspection: 01/12/2007 03/07/2007 In Compliance OUTFALL(S) TABLE: DESIGN FLOW OUTFALL (MGD) 002 1.29 ; Non-Compliance TREATMENT LEVEL EFFLUENT TYPE DISTANCE TO CLASSIFIED SEGMENT (MI) Primary stormwater run-off 0.22 Outfall #001 – Eliminated Outfall # 002 - Railroad Yard – SIC # 4011 – Storm water runoff Railroad Yard. Legal Description: Land Grant 2037, City of St. Louis UTM Coordinates: X = 733947, Y = 4276158 Receiving stream: Tributary to River Des Peres (U) First classified receiving stream: River Des Peres (P) (03827) USGS Basin and Sub-watershed No: (07140101 – 070003) OUTFALL #003 – ELIMINATED OUTFALL #004 – ELIMINATED Receiving Water Body’s Water Quality & Facility Performance History: The receiving water body appears to be a drainage ditch for stormwater and appears to be dry in one aerial view. 001 – non-reporting of all parameters 09/2004, 09/2005 and 09/2006. 002 – non-reporting all parameters 09/2004, 12/2004 and 06/2006; excursions for COD on 12/2003, 03/2004, 03/2005, 06/2005 and 12/2006, excursions for Oil & Grease on 12/2003, 03/2004, 06/2004, 06/2005, 12/2006 and 12/2007, excursions for Settleable solids (SS) on 03/2004, excursions for Total Suspended Solids (TSS) on 12/2003, 06/2005, 03/2006, 12/2006 and 03/2007. 003 – non-reporting of all parameters on 09/2004, 09/2005 and 09/2006. 004 – non-reporting of all parameters on 11/2004, 12/2004, 01/2005, 02/2005, 03/2005 and 10/2005 non-reporting of COD, Oil & Grease, lead and Cadmium on 10/2006 excursions for COD and Oil and Grease on 03/2004. (operator reports – NO DISCHARGE) Comments: Railroad maintenance yard where the need for 4 outfalls has been reduced to one. Facility name Page # 3 Fact Sheet Version 02/20/2009 Part II – Operator Certification Requirements As per [10 CSR 20-6.010(8) Terms and Conditions of a Permit], permittees shall operate and maintain facilities to comply with the Missouri Clean Water Law and applicable permit conditions and regulations. Operators or supervisors of operations at regulated wastewater treatment facilities shall be certified in accordance with [10 CSR 20-9.020(2)] and any other applicable state law or regulation. As per [10 CSR 20-9.010(2)(A)], requirements for operation by certified personnel shall apply to all wastewater treatment systems, if applicable, as listed below: Check boxes below that are applicable to the facility;  Owned or operated by or for:  Municipalities  Public Sewer District:  County  Public Water Supply Districts:  Private sewer company regulated by the Public Service Commission:  State or Federal agencies: Not Applicable ; This facility is not required to have a certified operator. Facility name Page # 4 Fact Sheet Version 02/20/2009 Part III – Receiving Stream Information APPLICABLE DESIGNATIONS OF WATERS OF THE STATE: As per Missouri’s Effluent Regulations [10 CSR 20-7.015], the waters of the state are divided into the below listed seven (7) categories. Each category lists effluent limitations for specific parameters, which are presented in each outfall’s Effluent Limitation Table and further discussed in the Derivation & Discussion of Limits section. Missouri or Mississippi River [10 CSR 20-7.015(2)]: Lake or Reservoir [10 CSR 20-7.015(3)]: Losing [10 CSR 20-7.015(4)]: Metropolitan No-Discharge [10 CSR 20-7.015(5)]: Special Stream [10 CSR 20-7.015(6)]: Subsurface Water [10 CSR 20-7.015(7)]: All Other Waters [10 CSR 20-7.015(8)]: 10 CSR 20-7.031 Missouri Water Quality Standards, the department defines the Clean Water Commission water quality objectives in terms of "water uses to be maintained and the criteria to protect those uses." The receiving stream and/or 1st classified receiving stream’s beneficial water uses to be maintained are located in the Receiving Stream Table located below in accordance with [10 CSR 20-7.031(3)]. RECEIVING STREAM(S) TABLE: WATERBODY NAME CLASS WBID DESIGNATED USES* Tributary to River Des Peres U N/A General criteria River Des Peres*** P 03827 8-DIGIT HUC EDU** 07140101 Ozark/Apple/ Joachim LWW, AQL, SRC * - Irrigation (IRR), Livestock & Wildlife Watering (LWW), Protection of Warm Water Aquatic Life and Human Health-Fish Consumption (AQL), Cool Water Fishery(CLF), Cold Water Fishery (CDF), Whole Body Contact Recreation (WBC), Secondary Contact Recreation (SCR), Drinking Water Supply (DWS), Industrial (IND), Groundwater (GRW). ** - Ecological Drainage Unit *** - UAA conducted on 6/26/2006, inconclusive on 5/02/2008 RECEIVING STREAM(S) LOW-FLOW VALUES TABLE: RECEIVING STREAM (U, C, P) Tributary to River Des Peres 1Q10 LOW-FLOW VALUES (CFS) 7Q10 30Q10 0 0 0 Mixing Zone: Not Allowed [10 CSR 20-7.031(4)(A)4.B.(I)(a)]. Zone of Initial Dilution: Not Allowed [10 CSR 20-7.031(4)(A)4.B.(I)(b)]. Facility name Page # 5 Fact Sheet Version 02/20/2009 Part IV – Rationale and Derivation of Effluent Limitations & Permit Conditions ALTERNATIVE EVALUATIONS FOR NEW FACILITIES: As per [10 CSR 20-7.015(4)(A)], discharges to losing streams shall be permitted only after other alternatives including land application, discharges to a gaining stream and connection to a regional wastewater treatment facility have been evaluated and determined to be unacceptable for environmental and/or economic reasons. Not Applicable ; The facility does not discharge to a Losing Stream as defined by [10 CSR 20-2.010(36)] & [10 CSR 20-7.031(1)(N)], or is an existing facility. ANTI-BACKSLIDING: A provision in the Federal Regulations [CWA §303(d)(4); CWA §402(c); 40 CFR Part 122.44(I)] that requires a reissued permit to be as stringent as the previous permit with some exceptions. - All limits in this operating permit are at least as protective as those previously established; therefore, backsliding does not apply. ANTIDEGRADATION: In accordance with Missouri’s Water Quality Standard [10 CSR 20-7.031(2)], the department is to document by means of Antidegradation Review that the use of a water body’s available assimilative capacity is justified. Degradation is justified by documenting the socio-economic importance of a discharging activity after determining the necessity of the discharge. - Renewal no degradation proposed and no further review necessary. AREA-WIDE WASTE TREATMENT MANAGEMENT & CONTINUING AUTHORITY: As per [10 CSR 20-6.010(3)(B)], …An applicant may utilize a lower preference continuing authority by submitting, as part of the application, a statement waiving preferential status from each existing higher preference authority, providing the waiver does not conflict with any area-wide management plan approved under section 208 of the Federal Clean Water Act or any other regional sewage service and treatment plan approved for higher preference authority by the department. BIO-SOLIDS, SLUDGE, & SEWAGE SLUDGE: Bio-solids are solid materials resulting from wastewater treatment that meet federal and state criteria for beneficial uses (i.e. fertilizer). Sludge is any solid, semi-solid, or liquid waste generated from a municipal, commercial, or industrial wastewater treatment plant, water supply treatment plant, or air pollution control facility or any other such waste having similar characteristics and effect. Sewage sludge is solids, semi-solids, or liquid residue generated during the treatment of domestic sewage in a treatment works; including but not limited to, domestic septage; scum or solids removed in primary, secondary, or advanced wastewater treatment process; and a material derived from sewage sludge. Sewage sludge does not include ash generated during the firing of sewage sludge in a sewage sludge incinerator or grit and screening generated during preliminary treatment of domestic sewage in a treatment works. Not Applicable ; This condition is not applicable to the permittee for this specific facility. COMPLIANCE AND ENFORCEMENT: Enforcement is the action taken by the Water Protection Program (WPP) to bring an entity into compliance with the Missouri Clean Water Law, its implementing regulations, and/or any terms and conditions of an operating permit. The primary purpose of the enforcement activity in the WPP is to resolve violations and return the entity to compliance. Not Applicable ; The permittee/facility is not currently under Water Protection Program enforcement action. PRETREATMENT PROGRAM: The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to or in lieu of discharging or otherwise introducing such pollutants into a Publicly Owned Treatment Works [40 CFR Part 403.3(q)]. Pretreatment programs are required at any POTW (or combination of POTW operated by the same authority) and/or municipality with a total design flow greater than 5.0 MGD and receiving industrial wastes that interfere with or pass through the treatment works or are otherwise subject to the pretreatment standards. Pretreatment programs can also be required at POTWs/municipals with a design flow less than 5.0 MGD if needed to prevent interference with operations or pass through. Facility name Page # 6 Fact Sheet Version 02/20/2009 Several special conditions pertaining to the permittee’s pretreatment program may be included in the permit, and are as follows:  Implementation and enforcement of the program,  Annual pretreatment report submittal,  Submittal of list of industrial users,  Technical evaluation of need to establish local limitations, and  Submittal of the results of the evaluation Not Applicable ; The permittee, at this time, is not required to have a Pretreatment Program or does not have an approved pretreatment program. REASONABLE POTENTIAL ANALYSIS (RPA): Federal regulation [40 CFR Part 122.44(d)(1)(i)] requires effluent limitations for all pollutants that are or may be discharged at a level that will cause or have the reasonable potential to cause or contribute to an in-stream excursion above narrative or numeric water quality standard. In accordance with [40 CFR Part 122.44(d)(iii)] if the permit writer determines that any give pollutant has the reasonable potential to cause, or contribute to an in-stream excursion above the WQS, the permit must contain effluent limits for that pollutant. Not Applicable ; A RPA was not conducted for this facility. REMOVAL EFFICIENCY: Removal efficiency is a method by which the Federal Regulations define Secondary Treatment and Equivalent to Secondary Treatment, which applies to Biochemical Oxygen Demand 5-day (BOD 5 ) and Total Suspended Solids (TSS) for Publicly Owned Treatment Works (POTWs)/municipals. Please see the United States Environmental Protection Agency’s (EPA) website for interpretation of percent removal requirements for National Pollutant Discharge Elimination System Permit Application Requirements for Publicly Owned Treatment Works and Other Treatment Works Treating Domestic Sewage @ www.epa.gov/fedrgstr/EPAWATER/1999/August/Day-04/w18866.htm . Not Applicable ; Influent monitoring is not being required to determine percent removal. SANITARY SEWER OVERFLOWS (SSOS), BYPASSES, INFLOW & INFILTRATION (I&I) – PREVENTION/REDUCTION: Sanitary Sewer Systems (SSSs) are municipal wastewater collection system that convey domestic, commercial, and industrial wastewater, and limited amounts of infiltrated groundwater and storm water (i.e. I&I), to a POTW. SSSs are not designed to collect large amounts of storm water runoff from precipitation events. Untreated or partially treated discharges from SSSs are commonly referred to as SSOs. SSOs have a variety of causes including blockages, line breaks, sewer defects that allow excess storm water and ground water to overload the system, lapses in sewer system operation and maintenance, inadequate sewer design and construction, power failures, and vandalism. A SSOs is defined as an untreated or partially treated sewage release from a SSS. SSOs can occur at any point in an SSS, during dry weather or wet weather. SSOs include overflows that reach waters of the state. SSOs also include overflows out of manholes and onto city streets, sidewalks, and other terrestrial locations. SSSs can back up into buildings, including private residences. When sewage backups are caused by problems in the publicly-owned portion of an SSS, they are considered SSOs. Not Applicable ; This facility is not required to develop or implement a program for maintenance and repair of the collection system; however, it is a violation of Missouri State Environmental Laws and Regulations to allow untreated wastewater to discharge to waters of the state. SCHEDULE OF COMPLIANCE (SOC): A schedule of remedial measures included in a permit, including an enforceable sequence of interim requirements (actions, operations, or milestone events) leading to compliance with the Missouri Clean Water Law, its implementing regulations, and/or the terms and conditions of an operating permit. Not Applicable ; This permit does not contain a SOC. Facility name Page # 7 Fact Sheet Version 02/20/2009 STORM WATER POLLUTION PREVENTION PLAN (SWPPP): In accordance with 40 CFR 122.44(k) Best Management Practices (BMPs) to control or abate the discharge of pollutants when: (1) Authorized under section 304(e) of the Clean Water Act (CWA) for the control of toxic pollutants and hazardous substances from ancillary industrial activities: (2) Authorized under section 402(p) of the CWA for the control of storm water discharges; (3) Numeric effluent limitations are infeasible; or (4) the practices are reasonably necessary to achieve effluent limitations and standards or to carry out the purposes and intent of the CWA. In accordance with the EPA’s Storm Water Management for Industrial Activities: Developing Pollution Prevention Plans and Best Management Practices [EPA 832-R-92-006] (Storm Water Management), BMPs are measures or practices used to reduce the amount of pollution entering (regarding this operating permit) waters of the state. BMPs may take the form of a process, activity, or physical structure. Additionally in accordance with the Storm Water Management, a SWPPP is a series of steps and activities to (1) identify sources of pollution or contamination, and (2) select and carry out actions which prevent or control the pollution of storm water discharges. Applicable ; A SWPPP shall be developed and implemented for each site and shall incorporate required practices identified by the department with jurisdiction, incorporate erosion control practices specific to site conditions, and provide for maintenance and adherence to the plan. VARIANCE: As per the Missouri Clean Water Law § 644.061.4, variances shall be granted for such period of time and under such terms and conditions as shall be specified by the commission in its order. The variance may be extended by affirmative action of the commission. In no event shall the variance be granted for a period of time greater than is reasonably necessary for complying with the Missouri Clean Water Law §§644.006 to 644.141 or any standard, rule or regulation promulgated pursuant to Missouri Clean Water Law §§644.006 to 644.141. Not Applicable ; This operating permit is not drafted under premises of a petition for variance. WASTELOAD ALLOCATIONS (WLA) FOR LIMITS: As per [10 CSR 20-2.010(78)], the amount of pollutant each discharger is allowed by the department to release into a given stream after the department has determined total amount of pollutant that may be discharged into that stream without endangering its water quality. Not Applicable ; Wasteload allocations were not calculated. WLA MODELING: There are two general types of effluent limitations, technology-based effluent limits (TBELs) and water quality based effluent limits (WQBELs). If TBELs do not provide adequate protection for the receiving waters, then WQBEL must be used. Not Applicable ; A WLA study was either not submitted or determined not applicable by department staff. WATER QUALITY STANDARDS: Per [10 CSR 20-7.031(3)], General Criteria shall be applicable to all waters of the state at all times including mixing zones. Additionally, [40 CFR 122.44(d)(1)] directs the department to establish in each NPDES permit to include conditions to achieve water quality established under Section 303 of the Clean Water Act, including State narrative criteria for water quality. WHOLE EFFLUENT TOXICITY (WET) TEST: A WET test is a quantifiable method of determining if a discharge from a facility may be causing toxicity to aquatic life by itself, in combination with or through synergistic responses when mixed with receiving stream water. Not Applicable ; At this time, the permittee is not required to conduct WET test for this facility. Facility name Page # 8 Fact Sheet Version 02/20/2009 303(d) LIST & TOTAL MAXIMUM DAILY LOAD (TMDL): Section 303(d) of the federal Clean Water Act requires that each state identify waters that are not meeting water quality standards and for which adequate water pollution controls have not been required. Water quality standards protect such beneficial uses of water as whole body contact (such as swimming), maintaining fish and other aquatic life, and providing drinking water for people, livestock and wildlife. The 303(d) list helps state and federal agencies keep track of waters that are impaired but not addressed by normal water pollution control programs. A TMDL is a calculation of the maximum amount of a given pollutant that a body of water can absorb before its water quality is affected. If a water body is determined to be impaired as listed on the 303(d) list, then a watershed management plan will be developed that shall include the TMDL calculation Not Applicable ; This facility does not discharge to a 303(d) listed stream. Part V – Effluent Limits Determination Outfall #001 – Main Facility Outfall EFFLUENT LIMITATIONS TABLE: BASIS PARAMETER FLOW COD 5 TSS SETTLEABLE SOLIDS PH OIL & GREASE (MG/L) POLYCYCLIC AROMATIC HYDROCARBONS PHENOLICS MONITORING FREQUENCY DAILY MAXIMUM WEEKLY AVERAGE MONTHLY AVERAGE PREVIOUS PERMIT LIMITATIONS UNIT FOR LIMITS GPD * 120 100 1.5 6.5 – 9.0 15 * 90 50 1.0 6.5 – 9.0 10 NO SU MG/L 1 9 1 9 1 1/3/9 NO S S S S S S mg/L 9 * * NO S MG/L MG/L ML/L/HR MODIFIED NO NO NO NO MG/L 9 * * NO S Please see Minimum Sampling and Reporting Frequency Requirements in the Derivation and Discussion Section below. * - Monitoring requirement only. **** - Parameter not previously established in previous state operating permit. S – same as previous permit Basis for Limitations Codes: 1. State or Federal Regulation/Law 2. Water Quality Standard (includes RPA) 3. Water Quality Based Effluent Limits 4. Lagoon Policy 5. Ammonia Policy 6. Dissolved Oxygen Policy 7. Antidegradation Policy 8. Water Quality Model 9. Best Professional Judgment 10. TMDL or Permit in lieu of TMDL 11. WET Test Policy 12. Antidegradation Review OUTFALL #001 – DERIVATION AND DISCUSSION OF LIMITS:  Flow. In accordance with [40 CFR Part 122.44(i)(1)(ii)] the volume of effluent discharged from each outfall is needed to assure compliance with permitted effluent limitations. If the permittee is unable to obtain effluent flow, then it is the responsibility of the permittee to inform the department, which may require the submittal of an operating permit modification.  Chemical Oxygen Demand (COD). Effluent limitations have been retained from previous state operating permit, please see the APPLICABLE DESIGNATION OF WATERS OF THE STATE sub-section of the Receiving Stream Information.  Total Suspended Solids (TSS). Effluent limitations from the previous state operating permit have been reassessed and verified that they are still protective of the receiving stream’s Water Quality. Therefore, effluent limitations have been retained from previous state operating permit, please see the APPLICABLE DESIGNATION OF WATERS OF THE STATE sub-section of the Receiving Stream Information. Facility name Page # 9 Fact Sheet Version 02/20/2009  Settleable Solids. Effluent limitations have been retained from previous state operating permit, please see the APPLICABLE DESIGNATION OF WATERS OF THE STATE sub-section of the Receiving Stream Information.  pH. Effluent limitations have been retained from previous state operating permit, please see the APPLICABLE DESIGNATION OF WATERS OF THE STATE sub-section of the Receiving Stream Information.  Oil & Grease. Conventional pollutant, effluent limitation for protection of aquatic life; 10 mg/L monthly average, 15 mg/L daily maximum.  Polycyclic Aromatic Hydrocarbons. Effluent limitations have been retained from previous state operating permit, please see the APPLICABLE DESIGNATION OF WATERS OF THE STATE sub-section of the Receiving Stream Information.  Phenolics. Effluent limitations have been retained from previous state operating permit, please see the APPLICABLE DESIGNATION sub-section of the Receiving Stream Information. OF WATERS OF THE STATE  Minimum Sampling and Reporting Frequency Requirements. Sampling and reporting frequency requirements have been retained from previous state operating permit. PARAMETER FLOW COD TSS SETTLEABLE SOLIDS PH OIL & GREASE POLYCYCLIC AROMATIC HYDROCARBONS PHENOLICS SAMPLING FREQUENCY ONCE/QUARTER ONCE/QUARTER ONCE/QUARTER ONCE/QUARTER ONCE/QUARTER ONCE/QUARTER ONCE/QUARTER ONCE/QUARTER REPORTING FREQUENCY ONCE/QUARTER ONCE/QUARTER ONCE/QUARTER ONCE/QUARTER ONCE/QUARTER ONCE/QUARTER ONCE/QUARTER ONCE/QUARTER Facility name Page # 10 Fact Sheet Version 02/20/2009 Part VI – Administrative Requirements On the basis of preliminary staff review and the application of applicable standards and regulations, the Department, as administrative agent for the Missouri Clean Water Commission, proposes to issue a permit(s) subject to certain effluent limitations, schedules, and special conditions contained herein and within the operating permit. The proposed determinations are tentative pending public comment. PUBLIC NOTICE: The department shall give public notice that a draft permit has been prepared and its issuance is pending. Additionally, public notice will be issued if a public hearing is to be held because of a significant degree of interest in and water quality concerns related to a draft permit. No public notice is required when a request for a permit modification or termination is denied; however, the requester and permittee must be notified of the denial in writing. The department must issue public notice of a pending operating permit or of a new or reissued statewide general permit. The public comment period is the length of time not less than 30 days following the date of the public notice which interested persons may submit written comments about the proposed permit. For persons wanting to submit comments regarding this proposed operating permit, then please refer to the Public Notice page located at the front of this draft operating permit. The Public Notice page gives direction on how and where to submit appropriate comments. - The Public Notice period for this operating permit is tentatively schedule to begin on March 19, 2010 or is in process. DATE OF FACT SHEET: AUGUST 31, 2009 COMPLETED BY: Ed Pate WWPD/ WIMB Region VII U. S. Environmental Protection Agency 901 North 5th Street Kansas City, Kansas 66101 pate.ed@epa.gov DNR FACT SHEET REVIEW/MINOR MODIFICATIONS: FEBRUARY 22, 2010 BY: STEVE LANG, ENVIRONMENTAL ENGINEER ST. LOUIS REGIONAL OFFICE (314) 416-2960 STEVE.LANG@DNR.MO.GOV