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HomeMy WebLinkAboutPR 24283: CLOSING OF WASTE MANAGEMENT UNIT AT PORT ACRES WWTP On q1 ` nrt rthur Tezu.r www.PortArthurTx.gov INTEROFFICE MEMORANDUM Date: April 16, 2025 To: The Honorable Mayor and City Council Through: Ronald Burton, CPM, City Manager From: Calvin Matthews, PE, Director of Water Utilities RE: P.R.24283 for Closing of Waste Management Unit at Port Acres WWTP Introduction: The intent of this Agenda Item is to seek the City Council's approval for the City Manager to enter into a contract with Sitek Omni Services,LLC to perform closure of a Waste Management Unit at the Port Acres Wastewater Treatment Plant (WWTP) in accordance to Texas Commission on Environmental Quality(TCEQ) guidelines and requirements. Background: The TCEQ requires permit holders to properly close and remediate waste management units no longer in service. The old, single wastewater treatment unit in Port Acres was never properly closed and was used to store untreated wastewater. The TCEQ requires the unit to be properly closed in accordance with state regulatory requirements. Budget Impact: The closure and demolition of the facilities has a budgetary impact of$46,800. Funding for the project is available in Utilities Wastewater Account No. 410-40-225-5470-00-00-000. Recommendation: Staff recommends that the City Council authorizes the City Manager to enter into a contract with Sitek Omni, LLC to demolish and remediate the waste treatment unit, associated piping unsafe adjoining bldg. "Remember,we are here to serve the Citizens of Port Arthur" P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743 PR No. 24283 4/22/2025 fr Page 1 of 3 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SITEK OMNI SERVICES, LLC OF HUMBLE, TEXAS, IN THE TOTAL AMOUNT NOT TO EXCEED $46,800.00 TO PERFORM REMEDIATION AND CLOSURE OF A WASTEWATER TREATMENT UNIT AND DEMOLISH AN UNSAFE BUILDING AT THE PORT ACRES WWTP. FUNDING IS AVAILABLE IN UTILITIES WASTEWATER ACCOUNT NO. 410-40-225-5470-00-00-000, OTHER CONTRACTUAL SERVICES. WHEREAS, the Texas Commission on Environmental Quality (TCEQ) requires the remediation and closure of waste management units when they are no longer in use; and, WHEREAS, the wastewater treatment unit at the Port Acres Wastewater Treatment Plant (WWTP) and the associated pumping building are no longer in use, have deteriorated, and pose a health and safety risk; therefore, they require demolition and proper remediation as per TCEQ requirements as delineated in Exhibit"C"; and, WHEREAS,three(3)quotes were received on January 12,2025,and Sitek Omni Services, LLC of Humble, Texas, provided the lowest quote as delineated in Exhibit"A"; and, WHEREAS, the Water Utilities Department intends to enter into a contract with this vendor for an amount not to exceed $46,800.00. NOW, THEREFORE, BE RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR,TEXAS: THAT,the facts and opinions of the preamble are true and correct. THAT, the City Manager is hereby authorized to execute a contract, in substantially the same form as attached in Exhibit "B", with Sitek Omni Services, LLC of Humble, Texas, to perform the closure of the waste treatment unit and the demolition of the building containing associated pumps and piping at the Port Acres WWTP,with a contract not to exceed a total amount PR No. 24283 4/22/2025 fr Page 2 of 3 of $46,800.00, funded through Utilities Wastewater Account No. 410-40-225-5470-00-00-000, Other Contractual Services. THAT, a copy of the caption of the Resolution is spread upon the Minutes of the City Council. READ, ADOPTED, AND APPROVED this the day of , A.D. 2025 at a meeting of the City of Port Arthur, Texas by the following vote: AYES: Mayor: Councilmembers: • NOES: Thurman Bill Bartie Mayor ATTEST: Sherri Bellard City Secretary PR No. 24283 4/22/2025 fr Page 3 of 3 APPROVED AS TO FORM: Roxann Pais Cotroneo City Attorney APPROVED F AD INISTRATION: Ronald Burton, C City Manager • Calvin Matthews, P.E. Water Utilities Director APPROVED AS TO AVAILABILITY OF FUNDS: Lynda(Lyn) Boswell, MA, ICMA-CM Finance Director / 4 LL0,64..‘ Clifton illiams, CPPB Purchasing Manager EXHIBIT "A" CITY OF PORT ARTHUR TEXAS January 12, 2025 Closure and Demolition Quotes for Wastewater Treatment Unit and Associated Pumping Building At Port Acres WWTP Sitek Omni Services, LLC AAR Incorporated Inland Environments, LTD Location Humble, TX Houston,TX Kingwood,TX Price $46,800.00 $53,250.00 $49,850.00 EXHIBIT "B" DEMOLITION CONTRACT CITY OF PORT ARTHUR THE STATE OF TEXAS COUNTY OF JEFFERSON THIS AGREEMENT is made and entered into this day of May 2025 by and between the City of Port Arthur, hereinafter called the "CITY", and Sitek Omni Services, LLC, hereinafter called the"CONTRACTOR" in consideration of the mutual agreements contained herein and for a total sum of Forty Six thousand eight hundred dollars and no cents ($46,800.00 we do hereby agree ree to all terms,conditions and specifications contained herein p and attached hereto;and we do hereby declare VALID this AGREEMENT and CONTRACT: WITNESSETH: SECTION I THE CONTRACTOR SHALL: A. Furnish all labor,materials,tools.machinery,qualified supervision and all other items and services necessary for satisfactory completion of specifications and agreements contained herein for demolition of structures and cleanup at the property described as Port Acres WWTP described in the attached quote sheets. B. "Start the herein specified work on the date stated in the "Notice to Proceed" and further diligently pursue same until satisfactorily completed on or before Twenty-one (21) calendar days, time being of the essence. It is further understood that if the contract is not completed by the foregoing completion date, (or the said date as extended pursuant to provisions of this contract), the CONTRACTOR shall be assessed liquidated damages of one hundred fifty dollars ($150.00) per day for each day'the contract is not completed after said date. All Contractors are required to have a Landfill Permit,which includes a minimum escrow account of one thousand dollars ($1,000). If you opt not to set up an escrow account, you must pay' as you dispose by cash or cashier-s check. C. Perform all work in accordance with the terms of this AGREEMENT, the DEMOLITION SPECIFICATIONS and SCOPE OF WORK (PROPOSAL) attached hereto. D. Be responsible for obtaining all necessary, general, and special permits and pay any and all fees for said permits and any other fees public or private which may be required by the United States, the State of Texas, Jefferson County or the City of Port Arthur to satisfactorily complete the work as specified and agreed to herein. E. Furnish certificates of insurance to the City's Purchasing Agent evidencing that the CONTRACTOR has obtained Workman's Compensation. General Liability and Automobile Liability Insurance, which is required by the CITY for Exhibit A performance of the work specified here. Minimum amounts of such insurance to be obtained by the CONTRACTOR are as follows: 1. Statutory Texas Workman-s Compensation Insurance ("with waiver or subrogation in favor of the City, its officers, employees and agents. 2. Commercial General Liability occurrence type insurance(products/completed operations coverage must be included and the City and its officers, employees, and agents must be named as an additional insured): a. Bodily' injury $500.000 single limit per occurrence or $500,000 each person/$500.000 per occurrence for contracts of$ 100.000 or less: or Bodily injury $1,000,000 single limit per occurrence or each person /$ 1.000,000 per occurrence for contracts in excess of$ 100.000: and. b. Property Damage $100.000 per occurrence regardless of contract amount; and, c. Minimum aggregate policy year limit of$ for contracts of$100.000 or less or Minimum aggregate policy year limit of$2000.00 for contracts in excess of$ 100.000. 3. Commercial Automobile Liability Insurance (Including owned. non-owned and hired vehicles coverage's). a. Minimum combined single limit of 8500.000 per occurrence. for bodily injury and property damage. b. If individual limits are provided, minimum limits are $300,000 per person, $500,000 per occurrence for bodily injury and $100.000 per occurrence for property damage. F. Furnish to the Purchasing Agent, City of Port Arthur prior to commencing work. certificates of insurance meeting the above listed insurance requirements for any sub- contractors, haulers or independent workmen used by the CONTRACTOR in performance of the work specified herein. G. Ensure that competent and qualified supervision is present on the job site at all times while work is in progress and that all demolition work is pursued in such a manner as to maximize the safety of all workmen.the general public and surrounding property. H. Comply with the Civil Rights Act of 1964 and Section 109 of the Housing and Community Development Act of 1974 to wit:No person in the United States shall,on the ground of race, color, national origin, or sex be excluded from participation in be denied the benefits of or be subjected to discrimination under any program or active FY funded in whole or part with funds made available under this title. Exhibit A SECTION II. THE CITY SHALL: A. Inspect the demolition work in progress to ensure that such work is being carried out in accordance with the terms of this AGREEMENT, the DEMOLITION SPECIFICATIONS, and SCOPE OF WORK(PROPOSAL) attached hereto. B. Compensate the CONTRACTOR according to the following method: Except as hereinafter provided. payment for the Demolition Contract will be made in a lump sum after completion and acceptance of the contract work. One progress payment may be requested when at least fifty percent(50%) of the contract work is completed. Ten percent (10%)of the progress payment will be retained. This retainage will be held in escrow by the City for a maximum of thirty (30) days after satisfactory completion and acceptance of the Contract to guarantee the completion of work. Thirty (30) days after said completion and acceptance. final payment shall be made in a lump sum or total agreed price less the progress payment, if made, by check issued by the City of Port Arthur and made payable to the CONTRACTOR for the satisfactory completion of the work described herein. Any payments are subject to satisfactory' intermediate and final inspections by the City. Further any applicable request for payment must be made by the CONTRACTOR prior to each payment. SECTION III General Conditions: A. If performance by the CONTRACTOR is prevented or delayed as a direct result of acts of a public enemy'. acts of the property owner. fire, epidemics or acts of God. such as floods. Earthquakes, hurricanes, tornadoes and rain. an extension of one ( I ) working day of additional time will be allowed to the CONTRACTOR for each working day lost from such cause,provided the CONTRACTOR,within three(3)days after the beginning of such delay, gives written notice to the City. B If for any' reason, other than those specified above, the CONTRACTOR at any time fails for a period of five (5) consecutive working days to supply enough skilled workers or otherwise neglects to execute the work properly the CITY. After these five (5) working days may' give written notice to the CONTRACTOR terminating his contract. C The CONTRACTOR shall repair or replace if necessary, to the City's satisfaction any damage to the work site, the adjacent areas, the access areas to the work site and to any elements within these areas that may' have suffered damage as a result of the CONTRACTOR'S or any of the subcontractor's operations.The CONTRACTOR shall leave these areas in a satisfactory and workmanlike condition, at least equal to that existing before the CONTRACTOR hereunder started his work. Exhibit A D. The CONTRACTOR agrees to indemnify and hold harmless the City of Port Arthur, Texas from all claims, and damages of any and every kind for injury to or death of any person, and damages to property arising out of the demolition. E. Any amendments to this contract shall be written and must be executed by both the CITY and the CONTRACTOR prior to the implementation of any such change. F. This CONTRACT and AGREEMENT embodies and represents all of the rights, duties and obligations of the CITY and the CONTRACTOR and any oral or written agreements prior to the date first above written,not included or embodied herein shall be declared void and not be binding or of benefit to any of the parties herein mentioned. SECTION IV Particular Requirements: A. Other particular work requirements are contained in the DEMOLITION SPECIFICATIONS, contained in the quote/proposal. B. ALL DEMOLITION QUOTES SHALL INCLUDE REMOVAL OF CONCRETE SLABS, ETC., UNLESS OTHERWISE NOTED. SECTION V If the CONTRACTOR materially defaults in (a) failing to have liability insurance; (b) not completing the CONTRACT within the time required; or(c)uses demolition procedures that are dangerous to the health and safety of city staff and/or contractors or any nearby residents or businesses, the Director of Water Utilities has the authority to issue a cease and desist order until this matter can be reviewed by the City Council. Exhibit A SIGNED AND AGREED TO this day of , A.D. 2025: Sitek Omni Services, LLC. WITNESSED SIGNED AND AGREED TO this day of , A.D. 2025: CITY OF PORT ARTHUR CITY MANAGER WITNESSED VIM* Omni Selective and Structural Demolition • TDSIIS Asbestos License ft80-1070 ' Asbestos and Lead Abatement • TDSHS Lead license tt2110624 ' Harardoos and Mold Remediatlon • TDLR Mold License CRCO-1218 January 12, 2025 Revised 01/12/25 City of Port Arthur P.O. Box 1089 Port Arthur,Texas 77631 (409)983-8244 Attn: Mrs.Darlene Pierre SUBJECT: Proposal for Lead Cleaning/Asbestos Abatement/Demolition Services Former Port Arthur Wastewater Treatment Plant Sitek Proposal#23-06-10aldRl Mrs. Pierre; Sitek Omni Services, LLC (Sitek) submits following proposal, consisting of the cleaning and disposal of loose and flaking lead-based paint, the removal and disposal of asbestos containing materials, as identified by Honesty Environmental, Inc. (Honesty), structural demolition of the former pump house building, including all interior components and selective site work at the former Port Arthur Wastewater Treatment Plant Building located at 3001 W. Farm to Market Road in Port Arthur,Texas. I. SCOPE OF WORK Sitek responsible for: Asbestos Abatement/Lead Cleaning A. Preparation of the regulated work areas in accordance with State (Texas DSHS) regulations regarding NESHAP asbestos abatement and removal of loose and flaking lead-based paint in a public building scheduled for demolition. B. Remove, collect, containerize, perform waste characterization and dispose of lead-based paint loose on floors and flaking from handrails, doors, electrical equipment pump equipment as identified by Honesty. C. Provide manlifts as needed to facilitate abatement work of roofing materials. D. Provide a generator as needed for electrical power during the abatement work. E. Remove and dispose of the following asbestos containing materials: ➢ Transite Siding and Roofing 3,400 SF; ➢ Window Units(Glazing&Caulking) 14 EA; F. OSHA required air monitoring of Sitek employees working in contained areas. Building Demolition A. Obtain demolition permit. B. Mobilize equipment and manpower to the job site once utilities have been disconnected(by others). 1780 Roughneck Drive,Humble TX 77338 Office Phone: 281-812-1461 Iftek Omni C. Provide portable temporary sanitary services for job site throughout work. D. Removal of typical universal wastes from the buildings (light ballasts, fluorescent tubes, mercury containing devices and refrigerants) prior to demolition work. E. Provide temporary fencing around perimeter of demolition work areas. F. Pump out standing water from basement. G. Structurally demolish, load and dispose of the former pump house building (-1,115 SF),inclusive of equipment and stored items/trash within the building. H. Remove concrete slab on existing grade (-445 SF) and remove pit walls full depth (-112 LF x 12'-20' depth) and pit slabs (-675 SF with 350 SF at 11' and 325 SF at 19' depth). I. Remove concrete walls and slab in adjacent pit area approximately 16 x 16' at 6' depth. J. Remove and dispose of discarded pipe and concrete chunks left around pump house and nearby concrete pews area adjacent to the building scheduled for demolition. K. Backfill slab and pit voids with clean imported soils (-540 CY or approximately 36 loads of soil),providing compaction to 90%proctor. L. Pick the site of any visible demolition debris. M. Provide a rough grade of thc site to facilitate proper drainage. CLARIFICATIONS/QUALIFICATIONS: A. Sitek will use the trucking company and licensed landfill of our choice for demolition and construction debris. B. Dump fees for waste generated from this work are included in pricing provided. C. The testing, removal, handling, transporting and disposing of any unforeseen hazardous waste materials are excluded from this scope of work. D. Sitek retains the rights to all salvageable materials present at time of site visit. E. Work schedule is subject to all utility disconnects (water, sewer, gas and electrical if applicable) being completed in a timely manner by Facility Owner before the start date of demolition work. F. The following potential work items are excluded from this proposal: ➢ Payment of outstanding fees on utility accounts; ➢ Utility account closures; ➢ Utility disconnects; ➢ Re-routing of utilities; ➢ Shoring of any kind; ➢ Dewatering of voids created by the demolition should rain occur during demolition work; ➢ Soils testing,handling and remediation; ➢ Street use permits, pedestrian protection, barricades & traffic control (Sitek will provide flaggers for trucking route egresses); ➢ Final grading of site(Sitek to provide rough grade to facilitate drainage); Paic 2 411 4 Sitek x23-06-IuawRRI ULk Omnl ➢ Sodding or hydro-mulching of disturbed work areas; ➢ Maintenance of site post demobilization; ➢ Payment and performance bonds(will be 3%of contract amount if required). City of Port Arthur Responsibilities: A. Provide site access and parking for Sitek employees, trucks and equipment. B. Payment of all outstanding fees on utility accounts and utility account closures associated with these buildings. C. Provide all utility disconnects to facilitate demolition of the building. D. Provide maintenance of the site once Sitek has demobilized equipment. II. PROCEDURES Sitek Omni Services, LLC is a certified asbestos abatement (Texas DSHS License #80-1070), lead abatement (Texas DSHS License #2110624) and structural demolition contractor in Texas. All local, state and federal EPA and OSHA codes regarding asbestos abatement, lead abatement and structural demolition work shall be strictly implemented. Prior to commencement of work, the owner and contractor are to mutually agree upon project logistics,phasing and scheduling. III. DISPOSAL All asbestos containing material will be handled, transported and disposed of as per federal, state and local regulations to an EPA approved landfill. Sitek will prepare waste manifest with the facility ownership entity name provided. Lead waste will be collected and containerized and disposed of in accordance with TCLP testing results. Demolition debris will be removed from the site and disposed of as trash at a licensed landfill. Metal and concrete will be recycled to the extent possible. IV. SCHEDULING Sitek Omni proposes completion of the listed scopes of work as follows: ➢ Lead Cleaning Work 2 Working Shifts; ➢ Asbestos Abatement Work 3 Working Shifts; ➢ Structural Demolition Work 5 Working Shifts* ➢ Soil Imports for Slab/Pits Backfill 5 Working Shifts* Note(*): Working shifts listed with asterisk are based on consecutive work with clear weather. Rainy days will impact the schedule on these work items. Working shifts will consist of Monday—Friday,working up to 10 hours per shift (lam—5:30pm). 1'a t•3of4 tiiftI A23-116-10aIdR1 sires Omni V. PRICING Lump sum prices per listed scopes of work: Asbestos/Lead Work $ 17,800.00* Building Demolition $ 18,800.00 Basement Backfill $ 10,200.00 Total Project Bid: $46,800.00* The pricing provided is valid for 90 calendar days from the date of this proposal. VI. INSURANCE Sitek Omni carries occurrence-type General Liability coverage totaling $3 million per occurrence and $3 million general aggregate with an additional $10 million umbrella. Sitek also carries a $2 million Pollution Liability policy. Sitek Omni's program also includes Auto Liability, Employer's Liability and statutory limits for Worker's Compensation. Liability and workers compensation policies are provided through Starr Indemnity & Liability Company and Federal Insurance Company and are AM Best Rated A+, XIV. Darlene, we wish to thank you for your consideration and look forward to working with you on this project. Should this proposal meet with your approval, please sign below, and return via email or fax as a notice to proceed with the work. Sincerely, JW Jon K.Woodard Vice President- Sales cc: DanCa honestyenvironmental.com Note: Please sign as an authorization to proceed with the listed lead paint cleaning, asbestos abatement, structural demolition and selective site work associated with the demolition of the former pump house building at the Port Arthur Wastewater Treatment Plant located at 3001 W. Farm to Market Rd. in Port Arthur,Texas and return via fax or email. Name Date Title rage 4 of 4 Sitek#23-I16-IOaldRI Exhibit C 4,TE TPDES PERMIT NO. WQoo1o364002 w ''r- 1 [For TCEQ office use only-EPA I.D. Y l No. TXoo47511] TEXAS COMMISSION ON ENVIRONMENTAL QUALITY This is a renewal that replaces TPDES P.O. Box 134387 Permit No.WQoo1o364o02 issued on Austin,Texas 78711-3o87 August 10, 2020. PERMIT TO DISCHARGE WASTES under provisions of Section 402 of the Clean Water Act and Chapter 26 of the Texas Water Code City of Port Arthur whose mailing address is P.O. Box 1089 Port Arthur,Texas 77641 is authorized to treat and discharge wastes from the Port Acres Wastewater Treatment Facility, SIC Code 4952 located at 2901 Farm-to-Market Road 365, in the City of Port Arthur,Jefferson County,Texas 77640 to a canal,thence to Rhodair Gully,thence to Taylor Bayou Above Tidal in Segment No. 0701 of the Neches-Trinity Coastal Basin only according to effluent limitations, monitoring requirements,and other conditions set forth in this permit,as well as the rules of the Texas Commission on Environmental Quality(TCEQ), the laws of the State of Texas,and other orders of the TCEQ.The issuance of this permit does not grant to the permittee the right to use private or public property for conveyance of wastewater along the discharge route described in this permit.This includes,but is not limited to,property belonging to any individual,partnership,corporation,or other entity.Neither does this permit authorize any invasion of personal rights nor any violation of federal,state,or local laws or regulations.It is the responsibility of the permittee to acquire property rights as may be necessary to use the discharge route. This permit shall expire at midnight,three years from the date of issuance. ISSUED DATE:January 2, 2024 — ' For the Commission N y .0 cu O O ° I~ A 0 • o ro a - c x ti r. o'o M ..0 = E w aa.) 0 u +-,-� ) o E as a7 0' 0' -fa ea c: a) Pa 'a a o 0o e, ,x aS 0 0 o a,o c 0 0 0 0 0 ° Ts E '~ a) a. Z 0 .C. °>i0 v) E-a U c.) c� C7 a, ., o. o E .0 ,04 0 2 0 ' tea, y tn o I C a'° ti cn CZ to w t 0m 0 u' y o 4-1 .a H a a, 5, a4 0 0 3 3 3 3 N a, 0 a' a cu 0 0 0 0 ., a' 0 u q w 'r °' 0 3 3 0 a a) •° ° a� a' 0. 44 U E-1 E E-•, O ° m E "r3 E cuc p 0 4, = 0 a) 0 " u —• ca d F. .° 0 ai O o ° �o .a o yoO a y 0k ^ 0 E O o f4 O C7 bA t'ip Lc) Z A o (I) cd = a) .0 a) 0 E c O 2 n °V 0.?+ •-• � u � O c; � 0boE .a C7 f• N E. e a' 0 M ,' A.a +c 10 ao 0 ccu. 0 aa) 0 ow� a 0 H 0 '� 4.9 E w N °v o M _� ov`ai � N °CL a40' rn� °+o v � �a o ca , uE .acn 0 ai tzo o - u F c >, 0 .c .. 00 �w � � � , • 7.4 d cd a) � 0 .., ca 0 w c�C CO .� v�'. 'b E Z 1 N u, Z •^ a' 'cq i0 y 4•+ P. C 0 w• ME At. 'oo � a? 0a)= O •0 ;. c.., E c. R., n O �.x W O a O. a) 0 C1. ° .ti .. SC al a �, u � ^ roa.bmiOsa) oa a .' . N • cv _ 0 _M M O 'o 4, �. O A O t c1 ‘.0 O 0 u aJ E Z E O E x N .0 0 � �-� 0y_Ey�� Q 0 C = v . a) — b.0 44 O CD sH w w• E ° CD 8^ ca ° (C a) co t~ Cl) c ca u •E b �^° 0 ?' 0�0 3 Z 'Ew0 ° a Cl./ E E '� 0 0 OE c 0 � •= = 0 .- Mtn ° E � O '0Ec., a' � �n HQ b O t3 Q G •m°� b o 0.0 .4.455. p a; -To .n O " to ;11 CZ H •2 c0 t•, cd. co Ti a j, ca o N as O 4 O cv y .4 0) a) G `4, A O E a0i Z 0 0 y C -o E .— ,a a m c>V c. o° w o a CZ °' o ° w E ° 0 0 a w aa� N O o a �B .0 0 W a, 0 0 E° < Woo .4 ,4 2 .�.. a'=.c . a) 4• w A E� .0 E-, V) s..-E H H W E-4 H m U 41 r: N M 4 to\4 t. a w 3 k � a) » o %« O / � ) ° A § � A E 0 k ( / o 0 _ k ›, �ci \% .� u Cl) / -0 Q o 7 § 44 a § k \ SQ © 0 E / \ 2 \ 1.0 § 6 0 %q » -0 R � ..oK a qal o m cu u 0 d ® a) L # 8 41 k ) d § / c § a # / cc, 2 \ e • R a %7 m § k \ 5 7 ./ hp . �® e . o « % � \ ' / * _ • q ) es IS 7 \ ® '\ -0 -0 \ Cs u § 0 t E tt u m -0 u / 2g � � %7 \ � : CU / e4 � ) / ƒ kt 0 q 2 / k CO / •/ ^9 ] 3 U - tO g a City of Port Arthur TPDES Permit No.WQoo1o364002 DEFINITIONS AND STANDARD PERMIT CONDITIONS As required by Title 3o Texas Administrative Code(TAC)Chapter 305,certain regulations appear as standard conditions in waste discharge permits.3o TAC§305.121-305.129(relating to Permit Characteristics and Conditions)as promulgated under the Texas Water Code(TWC) §§5.103 and 5.105,and the Texas Health and Safety Code(THSC) §§361.017 and 361.024(a), establish the characteristics and standards for waste discharge permits,including sewage sludge,and those sections of 40 Code of Federal Regulations(CFR)Part 122 adopted by reference by the Commission.The following text includes these conditions and incorporates them into this permit.All definitions in TWC§26.001 and 3o TAC Chapter 305 shall apply to this permit and are incorporated by reference.Some specific definitions of words or phrases used in this permit are as follows: 1. Flow Measurements a. Annual average flow-the arithmetic average of all daily flow determinations taken within the preceding 12 consecutive calendar months.The annual average flow determination shall consist of daily flow volume determinations made by a totalizing meter,charted on a chart recorder and limited to major domestic wastewater discharge facilities with one million gallons per day or greater permitted flow. b. Daily average flow-the arithmetic average of all determinations of the daily flow within a period of one calendar month.The daily average flow determination shall consist of determinations made on at least four separate days.If instantaneous measurements are used to determine the daily flow,the determination shall be the arithmetic average of all instantaneous measurements taken during that month. Daily average flow determination for intermittent discharges shall consist of a minimum of three flow determinations on days of discharge. c. Daily maximum flow-the highest total flow for any 24-hour period in a calendar month. d. Instantaneous flow-the measured flow during the minimum time required to interpret the flow measuring device. e. 2-hour peak flow(domestic wastewater treatment plants)-the maximum flow sustained for a two-hour period during the period of daily discharge.The average of multiple measurements of instantaneous maximum flow within a two-hour period may be used to calculate the 2-hour peak flow. f. Maximum 2-hour peak flow(domestic wastewater treatment plants)-the highest 2-hour peak flow for any 24-hour period in a calendar month. 2. Concentration Measurements a. Daily average concentration-the arithmetic average of all effluent samples,composite or grab as required by this permit,within a period of one calendar month,consisting of at least four separate representative measurements. i. For domestic wastewater treatment plants-When four samples are not available in a calendar month,the arithmetic average(weighted by flow)of all values in the previous four consecutive month period consisting of at least four measurements shall be utilized as the daily average concentration. Page 3 City of Port Arthur TPDES Permit No.WQoozo364o02 ii. For all other wastewater treatment plants-When four samples are not available in a calendar month,the arithmetic average(weighted by flow)of all values taken during the month shall be utilized as the daily average concentration. b. 7-day average concentration-the arithmetic average of all effluent samples,composite or grab as required by this permit,within a period of one calendar week,Sunday through Saturday. c. Daily maximum concentration-the maximum concentration measured on a single day, by the sample type specified in the permit,within a period of one calendar month. d. Daily discharge-the discharge of a pollutant measured during a calendar day or any 24- hour period that reasonably represents the calendar day for purposes of sampling. For pollutants with limitations expressed in terms of mass,the daily discharge is calculated as the total mass of the pollutant discharged over the sampling day.For pollutants with limitations expressed in other units of measurement,the daily discharge is calculated as the average measurement of the pollutant over the sampling day. The daily discharge determination of concentration made using a composite sample shall be the concentration of the composite sample.When grab samples are used,the daily discharge determination of concentration shall be the arithmetic average(weighted by flow value)of all samples collected during that day. e. Bacteria concentration(E. coli or Enterococci)-Colony Forming Units (CFU)or Most Probable Number(MPN)of bacteria per ioo milliliters effluent.The daily average bacteria concentration is a geometric mean of the values for the effluent samples collected in a calendar month.The geometric mean shall be determined by calculating the nth root of the product of all measurements made in a calendar month,where n equals the number of measurements made; or,computed as the antilogarithm of the arithmetic mean of the logarithms of all measurements made in a calendar month. For any measurement of bacteria equaling zero,a substituted value of one shall be made for input into either computation method.If specified,the 7-day average for bacteria is the geometric mean of the values for all effluent samples collected during a calendar week. f. Daily average loading(lbs/day)-the arithmetic average of all daily discharge loading calculations during a period of one calendar month.These calculations must be made for each day of the month that a parameter is analyzed.The daily discharge,in terms of mass(lbs/day),is calculated as(Flow, MGD x Concentration,mg/1 x 8.34). g. Daily maximum loading(lbs/day)-the highest daily discharge,in terms of mass (lbs/day),within a period of one calendar month. 3. Sample Type a. Composite sample-For domestic wastewater,a composite sample is a sample made up of a minimum of three effluent portions collected in a continuous 24-hour period or during the period of daily discharge if less than 24 hours,and combined in volumes proportional to flow,and collected at the intervals required by 3o TAC§ 319.9(a). For industrial wastewater,a composite sample is a sample made up of a minimum of three effluent portions collected in a continuous 24-hour period or during the period of daily discharge if less than 24 hours,and combined in volumes proportional to flow, and collected at the intervals required by 3o TAC§319.9 (b). Page 4 City of Port Arthur TPDES Permit No.WQoo1o364002 b. Grab sample-an individual sample collected in Iess than 15 minutes. 4. Treatment Facility(facility)-wastewater facilities used in the conveyance,storage, treatment,recycling,reclamation and/or disposal of domestic sewage,industrial wastes, agricultural wastes,recreational wastes,or other wastes including sludge handling or disposal facilities under the jurisdiction of the Commission. 5. The term"sewage sludge"is defined as solid,semi-solid,or liquid residue generated during the treatment of domestic sewage in 3o TAC Chapter 312.This includes the solids that have not been classified as hazardous waste separated from wastewater by unit processes. 6. The term"biosolids"is defined as sewage sludge that has been tested or processed to meet Class A,Class AB,or Class B pathogen standards in 30 TAC Chapter 312 for beneficial use. 7. Bypass-the intentional diversion of a waste stream from any portion of a treatment facility. MONITORING AND REPORTING REQUIREMENTS 1. Self-Reporting Monitoring results shall be provided at the intervals specified in the permit.Unless otherwise specified in this permit or otherwise ordered by the Commission,the permittee shall conduct effluent sampling and reporting in accordance with 3o TAC§§319.4-319.12. Unless otherwise specified,effluent monitoring data shall be submitted each month,to the Compliance Monitoring Team of the Enforcement Division(MC 224),by the loth day of the following month for each discharge which is described by this permit whether or not a discharge is made for that month. Monitoring results must be submitted online using the NetDMR reporting system available through the TCEQ website unless the permittee requests and obtains an electronic reporting waiver.Monitoring results must be signed and certified as required by Monitoring and Reporting Requirements No. lo. As provided by state law,the permittee is subject to administrative,civil and criminal penalties,as applicable,for negligently or knowingly violating the Clean Water Act(CWA); TWC§§ 26,27,and 28; and THSC§361, including but not limited to knowingly making any false statement,representation,or certification on any report,record,or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance,or falsifying,tampering with or knowingly rendering inaccurate any monitoring device or method required by this permit or violating any other requirement imposed by state or federal regulations. 2. Test Procedures a. Unless otherwise specified in this permit,test procedures for the analysis of pollutants shall comply with procedures specified in 3o TAC§§319.11 -319.12. Measurements, tests,and calculations shall be accurately accomplished in a representative manner. b. All laboratory tests submitted to demonstrate compliance with this permit must meet the requirements of 3o TAC§25,Environmental Testing Laboratory Accreditation and Certification. 3. Records of Results a. Monitoring samples and measurements shall be taken at times and in a manner so as to be representative of the monitored activity. Page 5 City of Port Arthur TPDES Permit No.WQooio364002 b. Except for records of monitoring information required by this permit related to the permittee's sewage sludge or biosolids use and disposal activities,which shall be retained for a period of at least five years (or longer as required by 4o CFR Part 503),monitoring and reporting records,including strip charts and records of calibration and maintenance, copies of all records required by this permit, records of all data used to complete the application for this permit,and the certification required by 40 CFR§ 264.73(b)(9)shall be retained at the facility site,or shall be readily available for review by a TCEQ representative for a period of three years from the date of the record or sample, measurement,report,application or certification.This period shall be extended at the request of the Executive Director. c. Records of monitoring activities shall include the following: i. date,time and place of sample or measurement; ii. identity of individual who collected the sample or made the measurement. iii. date and time of analysis; iv. identity of the individual and laboratory who performed the analysis; v. the technique or method of analysis; and vi. the results of the analysis or measurement and quality assurance/quality control records. The period during which records are required to be kept shall be automatically extended to the date of the final disposition of any administrative or judicial enforcement action that may be instituted against the permittee. 4. Additional Monitoring by Permittee If the permittee monitors any pollutant at the location(s)designated herein more frequently than required by this permit using approved analytical methods as specified above,all results of such monitoring shall be included in the calculation and reporting of the values submitted on the approved self-report form.Increased frequency of sampling shall be indicated on the self-report form. 5. Calibration of Instruments All automatic flow measuring or recording devices and all totalizing meters for measuring flows shall be accurately calibrated by a trained person at plant start-up and as often thereafter as necessary to ensure accuracy,but not less often than annually unless authorized by the Executive Director for a longer period.Such person shall verify in writing that the device is operating properly and giving accurate results.Copies of the verification shall be retained at the facility site and/or shall be readily available for review by a TCEQ representative for a period of three years. 6. Compliance Schedule Reports Reports of compliance or noncompliance with,or any progress reports on,interim and final requirements contained in any compliance schedule of the permit shall be submitted no later than 14 days following each schedule date to the Regional Office and the Compliance Page 6 City of Port Arthur TPDES Permit No. WQoo1o364002 Monitoring Team of the Enforcement Division(MC 224). 7. Noncompliance Notification a. In accordance with 3o TAC§305.125(9)any noncompliance which may endanger human health or safety,or the environment shall be reported by the permittee to the TCEQ. Except as allowed by 3o TAC§305.132,report of such information shall be provided orally or by facsimile transmission(FAX)to the Regional Office within 24 hours of becoming aware of the noncompliance.A written submission of such information shall also be provided by the permittee to the Regional Office and the Compliance Monitoring Team of the Enforcement Division(MC 224)within five working days of becoming aware of the noncompliance.For Publicly Owned Treatment Works (POTWs),effective December 21,2025,the permittee must submit the written report for unauthorized discharges and unanticipated bypasses that exceed any effluent limit in the permit using the online electronic reporting system available through the TCEQ website unless the permittee requests and obtains an electronic reporting waiver.The written submission shall contain a description of the noncompliance and its cause;the potential danger to human health or safety,or the environment;the period of noncompliance, including exact dates and times; if the noncompliance has not been corrected,the time it is expected to continue;and steps taken or planned to reduce,eliminate,and prevent recurrence of the noncompliance,and to mitigate its adverse effects. b. The following violations shall be reported under Monitoring and Reporting Requirement 7.a.: i. Unauthorized discharges as defined in Permit Condition 2(g). ii. Any unanticipated bypass that exceeds any effluent limitation in the permit. iii. Violation of a permitted maximum daily discharge limitation for pollutants listed specifically in the Other Requirements section of an Industrial TPDES permit. c. In addition to the above,any effluent violation which deviates from the permitted effluent limitation by more than 40%shall be reported by the permittee in writing to the Regional Office and the Compliance Monitoring Team of the Enforcement Division(MC 224)within 5 working days of becoming aware of the noncompliance. d. Any noncompliance other than that specified in this section,or any required information not submitted or submitted incorrectly, shall be reported to the Compliance Monitoring Team of the Enforcement Division(MC 224)as promptly as possible.For effluent limitation violations,noncompliances shall be reported on the approved self-report form. 8. In accordance with the procedures described in 30 TAC§§35.301-35.303(relating to Water Quality Emergency and Temporary Orders)if the permittee knows in advance of the need for a bypass,it shall submit prior notice by applying for such authorization. 9. Changes in Discharges of Toxic Substances All existing manufacturing,commercial,mining,and silvicultural permittees shall notify the Regional Office,orally or by facsimile transmission within 24 hours,and both the Regional Office and the Compliance Monitoring Team of the Enforcement Division(MC 224) in writing within five(5)working days,after becoming aware of or having reason to believe: Page 7 City of Port Arthur TPDES Permit No.WQoo1o364002 a. That any activity has occurred or will occur which would result in the discharge,on a routine or frequent basis,of any toxic pollutant listed at 4o CFR Part 122,Appendix D, Tables II and III(excluding Total Phenols)which is not limited in the permit,if that discharge will exceed the highest of the following"notification levels": i. One hundred micrograms per liter(ioo pg/L); ii. Two hundred micrograms per liter(too µg/L)for acrolein and acrylonitrile;five hundred micrograms per liter(50o µg/L)for 2,4-dinitrophenol and for 2-methyl- 4,6-dinitrophenol;and one milligram per liter(1 mg/L)for antimony; iii. Five(5)times the maximum concentration value reported for that pollutant in the permit application;or iv. The level established by the TCEQ. b. That any activity has occurred or will occur which would result in any discharge,on a nonroutine or infrequent basis,of a toxic pollutant which is not limited in the permit,if that discharge will exceed the highest of the following"notification levels": i. Five hundred micrograms per liter(50o pg/L); ii. One milligram per liter(i mg/L)for antimony; iii. Ten(10)times the maximum concentration value reported for that pollutant in the permit application;or iv. The level established by the TCEQ. io. Signatories to Reports All reports and other information requested by the Executive Director shall be signed by the person and in the manner required by 30 TAC§305.128(relating to Signatories to Reports). it. All POTWs must provide adequate notice to the Executive Director of the following: a. Any new introduction of pollutants into the POTW from an indirect discharger which would be subject to CWA§301 or§306 if it were directly discharging those pollutants; b. Any substantial change in the volume or character of pollutants being introduced into that POTW by a source introducing pollutants into the POTW at the time of issuance of the permit; and c. For the purpose of this paragraph,adequate notice shall include information on: i. The quality and quantity of effluent introduced into the POTW; and ii. Any anticipated impact of the change on the quantity or quality of effluent to be discharged from the POTW. Page 8 City of Port Arthur TPDES Permit No.WQooio364o02 PERMIT CONDITIONS i. General a. When the permittee becomes aware that it failed to submit any relevant facts in a permit application,or submitted incorrect information in an application or in any report to the Executive Director,it shall promptly submit such facts or information. b. This permit is granted on the basis of the information supplied and representations made by the permittee during action on an application,and relying upon the accuracy and completeness of that information and those representations.After notice and opportunity for a hearing,this permit maybe modified,suspended,or revoked,in whole or in part,in accordance with 30 TAC Chapter 305,Subchapter D, during its term for good cause including,but not limited to, the following: i. Violation of any terms or conditions of this permit; ii. Obtaining this permit by misrepresentation or failure to disclose fully all relevant facts;or iii. A change in any condition that requires either a temporary or permanent reduction or elimination of the authorized discharge. c. The permittee shall furnish to the Executive Director,upon request and within a reasonable time,any information to determine whether cause exists for amending, revoking,suspending or terminating the permit.The permittee shall also furnish to the Executive Director,upon request,copies of records required to be kept by the permit. 2. Compliance a. Acceptance of the permit by the person to whom it is issued constitutes acknowledgment and agreement that such person will comply with all the terms and conditions embodied in the permit,and the rules and other orders of the Commission. b. The permittee has a duty to comply with all conditions of the permit.Failure to comply with any permit condition constitutes a violation of the permit and the Texas Water Code or the Texas Health and Safety Code,and is grounds for enforcement action,for permit amendment,revocation,or suspension,or for denial of a permit renewal application or an application for a permit for another facility. c. It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of the permit. d. The permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal or other permit violation that has a reasonable likelihood of adversely affecting human health or the environment. e. Authorization from the Commission is required before beginning any change in the permitted facility or activity that may result in noncompliance with any permit requirements. f. A permit may be amended,suspended and reissued,or revoked for cause in accordance Page 9 City of Port Arthur TPDES Permit No.WQooio364o02 with 3o TAC§§305.62 and 305.66 and TWC§ 7.302.The filing of a request by the permittee for a permit amendment,suspension and reissuance,or termination,or a notification of planned changes or anticipated noncompliance,does not stay any permit condition. g. There shall be no unauthorized discharge of wastewater or any other waste. For the purpose of this permit,an unauthorized discharge is considered to be any discharge of wastewater into or adjacent to water in the state at any location not permitted as an outfall or otherwise defined in the Other Requirements section of this permit. h. In accordance with 3o TAC§305.535(a),the permittee may allow any bypass to occur from a TPDES permitted facility which does not cause permitted effluent limitations to be exceeded or an unauthorized discharge to occur,but only if the bypass is also for essential maintenance to assure efficient operation. i. The permittee is subject to administrative,civil,and criminal penalties,as applicable, under TWC§§ 7.051 -7.075(relating to Administrative Penalties),7.ioi-7.111(relating to Civil Penalties),and 7.141-7.202(relating to Criminal Offenses and Penalties) for violations including,but not limited to,negligently or knowingly violating the federal CWA§§3oi,302,306,307,308,318,or 405,or any condition or limitation implementing any sections in a permit issued under the CWA§402,or any requirement imposed in a pretreatment program approved under the CWA§§402(a)(3)or 402 (b)(8). 3. Inspections and Entry a. Inspection and entry shall be allowed as prescribed in the TWC Chapters 26, 27, and 28, and THSC§361. b. The members of the Commission and employees and agents of the Commission are entitled to enter any public or private property at any reasonable time for the purpose of inspecting and investigating conditions relating to the quality of water in the state or the compliance with any rule,regulation,permit or other order of the Commission. Members,employees,or agents of the Commission and Commission contractors are entitled to enter public or private property at any reasonable time to investigate or monitor or,if the responsible party is not responsive or there is an immediate danger to public health or the environment,to remove or remediate a condition related to the quality of water in the state. Members,employees,Commission contractors,or agents acting under this authority who enter private property shall observe the establishment's rules and regulations concerning safety,internal security, and fire protection, and if the property has management in residence,shall notify management or the person then in charge of his presence and shall exhibit proper credentials.If any member, employee, Commission contractor,or agent is refused the right to enter in or on public or private property under this authority,the Executive Director may invoke the remedies authorized in TWC§7.002.The statement above,that Commission entry shall occur in accordance with an establishment's rules and regulations concerning safety,internal security, and fire protection,is not grounds for denial or restriction of entry to any part of the facility,but merely describes the Commission's duty to observe appropriate rules and regulations during an inspection. 4. Permit Amendment and/or Renewal Page 10 City of Port Arthur TPDES Permit No.WQoo1o364o02 a. The permittee shall give notice to the Executive Director as soon as possible of any planned physical alterations or additions to the permitted facility if such alterations or additions would require a permit amendment or result in a violation of permit requirements.Notice shall also be required under this paragraph when: i. The alteration or addition to a permitted facility may meet one of the criteria for determining whether a facility is a new source in accordance with 3o TAC§305.534 (relating to New Sources and New Dischargers);or ii. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged.This notification applies to pollutants that are subject neither to effluent limitations in the permit,nor to notification requirements in Monitoring and Reporting Requirements No. 9; or iii. The alteration or addition results in a significant change in the permittee's sludge use or disposal practices,and such alteration,addition,or change may justify the application of permit conditions that are different from or absent in the existing permit,including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan. b. Prior to any facility modifications,additions,or expansions that will increase the plant capacity beyond the permitted flow,the permittee must apply for and obtain proper authorization from the Commission before commencing construction. c. The permittee must apply for an amendment or renewal at least iSo days prior to expiration of the existing permit in order to continue a permitted activity after the expiration date of the permit. If an application is submitted prior to the expiration date of the permit,the existing permit shall remain in effect until the application is approved, denied,or returned.If the application is returned or denied,authorization to continue such activity shall terminate upon the effective date of the action.If an application is not submitted prior to the expiration date of the permit,the permit shall expire and authorization to continue such activity shall terminate. d. Prior to accepting or generating wastes which are not described in the permit application or which would result in a significant change in the quantity or quality of the existing discharge,the permittee must report the proposed changes to the Commission.The permittee must apply for a permit amendment reflecting any necessary changes in permit conditions,including effluent limitations for pollutants not identified and limited by this permit. e. In accordance with the TWC§ 26.029(b),after a public hearing,notice of which shall be given to the permittee,the Commission may require the permittee,from time to time,for good cause,in accordance with applicable laws,to conform to new or additional conditions. f. If any toxic effluent standard or prohibition(including any schedule of compliance specified in such effluent standard or prohibition)is promulgated under CWA§307(a) for a toxic pollutant which is present in the discharge and that standard or prohibition is more stringent than any limitation on the pollutant in this permit,this permit shall be modified or revoked and reissued to conform to the toxic effluent standard or prohibition.The permittee shall comply with effluent standards or prohibitions established under CWA§3o7(a)for toxic pollutants within the time provided in the Page ii City of Port Arthur TPDES Permit No.WQoo1o364002 regulations that established those standards or prohibitions,even if the permit has not yet been modified to incorporate the requirement. 5. Permit Transfer a. Prior to any transfer of this permit,Commission approval must be obtained.The Commission shall be notified in writing of any change in control or ownership of facilities authorized by this permit.Such notification should be sent to the Applications Review and Processing Team(MC 148)of the Water Quality Division. b. A permit may be transferred only according to the provisions of 30 TAC§305.64 (relating to Transfer of Permits)and 30 TAC§ 50.133(relating to Executive Director Action on Application or WQMP update). 6. Relationship to Hazardous Waste Activities This permit does not authorize any activity of hazardous waste storage,processing,or disposal that requires a permit or other authorization pursuant to the Texas Health and Safety Code. 7. Relationship to Water Rights Disposal of treated effluent by any means other than discharge directly to water in the state must be specifically authorized in this permit and may require a permit pursuant to TWC Chapter ii. 8. Property Rights A permit does not convey any property rights of any sort,or any exclusive privilege. 9. Permit Enforceability The conditions of this permit are severable,and if any provision of this permit,or the application of any provision of this permit to any circumstances, is held invalid,the application of such provision to other circumstances,and the remainder of this permit,shall not be affected thereby. 10. Relationship to Permit Application The application pursuant to which the permit has been issued is incorporated herein; provided,however,that in the event of a conflict between the provisions of this permit and the application,the provisions of the permit shall control. 11. Notice of Bankruptcy a. Each permittee shall notify the Executive Director,in writing,immediately following the filing of a voluntary or involuntary petition for bankruptcy under any chapter of Title ii (Bankruptcy)of the United States Code(11 USC)by or against: i. the permittee; ii. an entity(as that term is defined in 11 USC, § 101(14)) controlling the permittee or listing the permit or permittee as property of the estate; or iii. an affiliate(as that term is defined in 11 USC,§101(2))of the permittee. Page 12 City of Port Arthur TPDES Permit No.WQoo1o364002 b. This notification must indicate: i. the name of the permittee; ii. the permit number(s); iii. the bankruptcy court in which the petition for bankruptcy was filed;and iv. the date of filing of the petition. OPERATIONAL REQUIREMENTS 1. The permittee shall at all times ensure that the facility and all of its systems of collection, treatment,and disposal are properly operated and maintained.This includes,but is not limited to,the regular,periodic examination of wastewater solids within the treatment plant by the operator in order to maintain an appropriate quantity and quality of solids inventory as described in the various operator training manuals and according to accepted industry standards for process control. Process control,maintenance,and operations records shall be retained at the facility site,or shall be readily available for review by a TCEQ representative, for a period of three years. 2. Upon request by the Executive Director,the permittee shall take appropriate samples and provide proper analysis in order to demonstrate compliance with Commission rules.Unless otherwise specified in this permit or otherwise ordered by the Commission,the permittee shall comply with all applicable provisions of 3o TAC Chapter 312 concerning sewage sludge or biosolids use and disposal and 3o TAC§§319.21 -319.29 concerning the discharge of certain hazardous metals. 3. Domestic wastewater treatment facilities shall comply with the following provisions: a. The permittee shall notify the Municipal Permits Team,Wastewater Permitting Section (MC 148)of the Water Quality Division,in writing,of any facility expansion at least 90 days prior to conducting such activity. b. The permittee shall submit a closure plan for review and approval to the Municipal Permits Team,Wastewater Permitting Section(MC 148) of the Water Quality Division, for any closure activity at least 90 days prior to conducting such activity. Closure is the act of permanently taking a waste management unit or treatment facility out of service and includes the permanent removal from service of any pit,tank,pond,lagoon,surface impoundment and/or other treatment unit regulated by this permit. 4. The permittee is responsible for installing prior to plant start-up,and subsequently maintaining,adequate safeguards to prevent the discharge of untreated or inadequately treated wastes during electrical power failures by means of alternate power sources,standby generators,and/or retention of inadequately treated wastewater. 5. Unless otherwise specified,the permittee shall provide a readily accessible sampling point and,where applicable,an effluent flow measuring device or other acceptable means by which effluent flow may be determined. 6. The permittee shall remit an annual water quality fee to the Commission as required by 30 Page 13 City of Port Arthur TPDES Permit No.WQoo1o364002 TAC Chapter 21.Failure to pay the fee may result in revocation of this permit under TWC§ 7.302(b)(6). 7. Documentation For all written notifications to the Commission required of the permittee by this permit,the permittee shall keep and make available a copy of each such notification under the same conditions as self-monitoring data are required to be kept and made available.Except for information required for TPDES permit applications,effluent data,including effluent data in permits,draft permits and permit applications, and other information specified as not confidential in 3o TAC§§ 1.5(d),any information submitted pursuant to this permit maybe claimed as confidential by the submitter.Any such claim must be asserted in the manner prescribed in the application form or by stamping the words confidential business information on each page containing such information.If no claim is made at the time of submission, information maybe made available to the public without further notice. If the Commission or Executive Director agrees with the designation of confidentiality,the TCEQ will not provide the information for public inspection unless required by the Texas Attorney General or a court pursuant to an open records request.If the Executive Director does not agree with the designation of confidentiality,the person submitting the information will be notified. 8. Facilities that generate domestic wastewater shall comply with the following provisions; domestic wastewater treatment facilities at permitted industrial sites are excluded. a. Whenever flow measurements for any domestic sewage treatment facility reach 75%of the permitted daily average or annual average flow for three consecutive months,the permittee must initiate engineering and financial planning for expansion and/or upgrading of the domestic wastewater treatment and/or collection facilities.Whenever the flow reaches 9o%of the permitted daily average or annual average flow for three consecutive months,the permittee shall obtain necessary authorization from the Commission to commence construction of the necessary additional treatment and/or collection facilities. In the case of a domestic wastewater treatment facility which reaches 75%of the permitted daily average or annual average flow for three consecutive months, and the planned population to be served or the quantity of waste produced is not expected to exceed the design limitations of the treatment facility,the permittee shall submit an engineering report supporting this claim to the Executive Director of the Commission. If in the judgment of the Executive Director the population to be served will not cause permit noncompliance,then the requirement of this section may be waived.To be effective,any waiver must be in writing and signed by the Director of the Enforcement Division(MC 219)of the Commission,and such waiver of these requirements will be reviewed upon expiration of the existing permit;however,any such waiver shall not be interpreted as condoning or excusing any violation of any permit parameter. b. The plans and specifications for domestic sewage collection and treatment works associated with any domestic permit must be approved by the Commission and failure to secure approval before commencing construction of such works or making a discharge is a violation of this permit and each day is an additional violation until approval has been secured. Page 14 City of Port Arthur TPDES Permit No.WQoo1o364002 c. Permits for domestic wastewater treatment plants are granted subject to the policy of the Commission to encourage the development of area-wide waste collection,treatment,and disposal systems.The Commission reserves the right to amend any domestic wastewater permit in accordance with applicable procedural requirements to require the system covered by this permit to be integrated into an area-wide system,should such be developed;to require the delivery of the wastes authorized to be collected in,treated by or discharged from said system,to such area-wide system; or to amend this permit in any other particular to effectuate the Commission's policy. Such amendments may be made when the changes required are advisable for water quality control purposes and are feasible on the basis of waste treatment technology,engineering,financial,and related considerations existing at the time the changes are required,exclusive of the loss of investment in or revenues from any then existing or proposed waste collection, treatment or disposal system. 9. Domestic wastewater treatment plants shall be operated and maintained by sewage plant operators holding a valid certificate of competency at the required level as defined in 3o TAC Chapter 30. io. For Publicly Owned Treatment Works(POTWs),the 3o-day average(or monthly average) percent removal for BOD and TSS shall not be less than 85%,unless otherwise authorized by this permit. 11. Facilities that generate industrial solid waste as defined in 3o TAC§335.1 shall comply with these provisions: a. Any solid waste,as defined in 3o TAC§335.1 (including but not limited to such wastes as garbage,refuse,sludge from a waste treatment,water supply treatment plant or air pollution control facility,discarded materials,discarded materials to be recycled, whether the waste is solid,liquid,or semisolid),generated by the permittee during the management and treatment of wastewater,must be managed in accordance with all applicable provisions of 3o TAC Chapter 335,relating to Industrial Solid Waste Management. b. Industrial wastewater that is being collected,accumulated,stored,or processed before discharge through any final discharge outfall,specified by this permit,is considered to be industrial solid waste until the wastewater passes through the actual point source discharge and must be managed in accordance with all applicable provisions of 3o TAC Chapter 335. c. The permittee shall provide written notification,pursuant to the requirements of 3o TAC §335.8(b)(1),to the Corrective Action Section(MC 127)of the Remediation Division informing the Commission of any closure activity involving an Industrial Solid Waste Management Unit,at least 90 days prior to conducting such an activity. d. Construction of any industrial solid waste management unit requires the prior written notification of the proposed activity to the Registration and Reporting Section(MC 129) of the Permitting and Registration Support Division. No person shall dispose of industrial solid waste,including sludge or other solids from wastewater treatment processes,prior to fulfilling the deed recordation requirements of 30 TAC§335.5. e. The term"industrial solid waste management unit"means a landfill,surface impoundment,waste-pile, industrial furnace, incinerator,cement kiln,injection well, Page 15 City of Port Arthur TPDES Permit No.WQooio364o02 container,drum,salt dome waste containment cavern,or any other structure vessel, appurtenance,or other improvement on land used to manage industrial solid waste. f. The permittee shall keep management records for all sludge(or other waste) removed from any wastewater treatment process.These records shall fulfill all applicable requirements of 3o TAC§335 and must include the following,as it pertains to wastewater treatment and discharge: i. Volume of waste and date(s)generated from treatment process; ii. Volume of waste disposed of on-site or shipped off-site; iii. Date(s)of disposal; iv. Identity of hauler or transporter; V. Location of disposal site;and vi. Method of final disposal. The above records shall be maintained on a monthly basis.The records shall be retained at the facility site,or shall be readily available for review by authorized representatives of the TCEQ for at least five years. 12. For industrial facilities to which the requirements of 3o TAC§335 do not apply,sludge and solid wastes,including tank cleaning and contaminated solids for disposal,shall be disposed of in accordance with THSC§361. TCEQ Revision o6/2020 Page i6 City of Port Arthur TPDES Permit No.WQoo10364002 SLUDGE PROVISIONS The permittee is authorized to dispose of sludge only at a Texas Commission on Environmental Quality(TCEQ)authorized land application site,co-disposal landfill, wastewater treatment facility,or facility that further processes sludge.The disposal of sludge or biosolids by land application on property owned, leased or under the direct control of the permittee is a violation of the permit unless the site is authorized with the TCEQ.This provision does not authorize Distribution and Marketing of Class A or Class AB Biosolids.This provision does not authorize the permittee to land apply biosolids on property owned, leased or under the direct control of the permittee. SECTION I. REQUIREMENTS APPLYING TO ALL SEWAGE SLUDGE OR BIOSOLIDS LAND APPLICATION A. General Requirements 1. The permittee shall handle and dispose of sewage sludge or biosolids in accordance with 3o TAC§312 and all other applicable state and federal regulations in a manner that protects public health and the environment from any reasonably anticipated adverse effects due to any toxic pollutants that may be present in the sludge or biosolids. 2. In all cases,if the person (permit holder)who prepares the sewage sludge supplies the sewage sludge to another person for land application use or to the owner or lease holder of the land,the permit holder shall provide necessary information to the parties who receive the sludge to assure compliance with these regulations. 3. The land application of processed or unprocessed chemical toilet waste,grease trap waste,grit trap waste,milk solids,or similar non-hazardous municipal or industrial solid wastes,or any of the wastes listed in this provision combined with biosolids,WTP residuals or domestic septage is prohibited unless the grease trap waste is added at a fats,oil and grease(FOG) receiving facility as part of an anaerobic digestion process. B. Testing Requirements 1. Sewage sludge or biosolids shall be tested annually in accordance with the method specified in both 4o CFR Part 261,Appendix II and 4o CFR Part 268,Appendix I [Toxicity Characteristic Leaching Procedure(TCLP)]or other method that receives the prior approval of the TCEQ for the contaminants listed in 4o CFR Part 261.24,Table 1. Sewage sludge or biosolids failing this test shall be managed according to RCRA standards for generators of hazardous waste,and the waste's disposition must be in accordance with all applicable requirements for hazardous waste processing,storage,or disposal. Following failure of any TCLP test,the management or disposal of sewage sludge or biosolids at a facility other than an authorized hazardous waste processing, storage,or disposal facility shall be prohibited until such time as the permittee can demonstrate the sewage sludge or biosolids no longer exhibits the hazardous waste toxicity characteristics(as demonstrated by the results of the TCLP tests).A written report shall be provided to both the TCEQ Registration and Reporting Section(MC 129) of the Permitting and Registration Support Division and the Regional Director(MC Region io)within seven (7)days after failing the TCLP Test. Page 17 City of Port Arthur TPDES Permit No.WQooio364o02 The report shall contain test results, certification that unauthorized waste management has stopped,and a summary of alternative disposal plans that comply with RCRA standards for the management of hazardous waste.The report shall be addressed to: Director, Permitting and Registration Support Division(MC 129),Texas Commission on Environmental Quality,P.O. Box'3o87,Austin,Texas 78711-3087. In addition,the permittee shall prepare an annual report on the results of all sludge toxicity testing.This annual report shall be submitted to the TCEQ Regional Office(MC Region io)and the Compliance Monitoring Team(MC 224)of the Enforcement Division by September 3oth of each year.The permittee must submit this annual report using the online electronic reporting system available through the TCEQ website unless the permittee requests and obtains an electronic reporting waiver. 2. Biosolids shall not be applied to the land if the concentration of the pollutants exceeds the pollutant concentration criteria in Table 1.The frequency of testing for pollutants in Table i is found in Section I.C.of this permit. TABLE Pollutant Ceiling Concentration (Milligrams per kilogram)* Arsenic 75 Cadmium . 85 Chromium 3000 Copper 4300 Lead 840 Mercury 57 Molybdenum 75 Nickel 420 PCBs 49 Selenium ioo Zinc 7500 *Dry weight basis 3. Pathogen Control All sewage sludge that is applied to agricultural land,forest,a public contact site,or a reclamation site must be treated by one of the following methods to ensure that the sludge meets either the Class A,Class AB or Class B biosolids pathogen requirements. a. For sewage sludge to be classified as Class A biosolids with respect to pathogens,the density of fecal coliform in the sewage sludge must be less than 1,000 most probable number(MPN)per gram of total solids(dry weight basis),or the density of Salmonella sp.bacteria in the sewage sludge must be less than three MPN per four grams of total solids(dry weight basis) at the time the sewage sludge is used or disposed.In addition,one of the alternatives listed below must be met: Alternative i -The temperature of the sewage sludge that is used or disposed shall be maintained at or above a specific value for a period of time. See 30 TAC§ 312.82(a)(2)(A)for specific information; Page i8 City of Port Arthur TPDES Permit No. WQooio364002 Alternative 5(PFRP) -Sewage sludge that is used or disposed of must be treated in one of the Processes to Further Reduce Pathogens(PFRP)described in 4o CFR Part 503,Appendix B. PFRP include composting,heat drying,heat treatment, and thermophilic aerobic digestion; or Alternative 6(PFRP Equivalent)-Sewage sludge that is used or disposed of must be treated in a process that has been approved by the U.S. Environmental Protection Agency as being equivalent to those in Alternative 5. b. For sewage sludge to be classified as Class AB biosolids with respect to pathogens, the density of fecal coliform in the sewage sludge must be less than i,000 MPN per gram of total solids(dry weight basis),or the density of Salmonella sp.bacteria in the sewage sludge be less than three MPN per four grams of total solids (dry weight basis)at the time the sewage sludge is used or disposed. In addition,one of the alternatives listed below must be met: Alternative 2-The pH of the sewage sludge that is used or disposed shall be raised to above 12 std.units and shall remain above 12 std.units for 72 hours. The temperature of the sewage sludge shall be above 52° Celsius for 1.2 hours or longer during the period that the pH of the sewage sludge is above 12 std.units. At the end of the 72-hour period during which the pH of the sewage sludge is above 12 std. units,the sewage sludge shall be air dried to achieve a percent solids in the sewage sludge greater than 5o%;or Alternative 3-The sewage sludge shall be analyzed for enteric viruses prior to pathogen treatment.The limit for enteric viruses is less than one Plaque-forming Unit per four grams of total solids(dry weight basis)either before or following pathogen treatment. See 3o TAC§312.82(a)(2)(C)(i-iii)for specific information.The sewage sludge shall be analyzed for viable helminth ova prior to pathogen treatment. The limit for viable helminth ova is less than one per four grams of total solids(dry weight basis)either before or following pathogen treatment.See 3o TAC§ 312.82(a)(2)(C)(iv-vi)for specific information;or Alternative 4-The density of enteric viruses in the sewage sludge shall be less than one Plaque-forming Unit per four grams of total solids(dry weight basis)at the time the sewage sludge is used or disposed.The density of viable helminth ova in the sewage sludge shall be less than one per four grams of total solids(dry weight basis) at the time the sewage sludge is used or disposed. c. Sewage sludge that meets the requirements of Class AB biosolids may be classified a Class A biosolids if a variance request is submitted in writing that is supported by substantial documentation demonstrating equivalent methods for reducing odors and written approval is granted by the executive director.The executive director may deny the variance request or revoke that approved variance if it is determined that the variance may potentially endanger human health or the environment,or create nuisance odor conditions. d. Three alternatives are available to demonstrate compliance with Class B biosolids Page 19 City of Port Arthur TPDES Permit No.WQoo1o364o02 criteria. Alternative i i. A minimum of seven random samples of the sewage sludge shall be collected within 48 hours of the time the sewage sludge is used or disposed of during each monitoring episode for the sewage sludge. ii. The geometric mean of the density of fecal coliform in the samples collected shall be less than either 2,000,000 MPN per gram of total solids(dry weight basis)or 2,000,000 Colony Forming Units per gram of total solids(dry weight basis). Alternative 2-Sewage sludge that is used or disposed of shall be treated in one of the Processes to Significantly Reduce Pathogens(PSRP)described in 4o CFR Part 503, Appendix B,so long as all of the following requirements are met by the generator of the sewage sludge. i. Prior to use or disposal,all the sewage sludge must have been generated from a single location,except as provided in paragraph v.below; ii. An independent Texas Licensed Professional Engineer must make a certification to the generator of a sewage sludge that the wastewater treatment facility generating the sewage sludge is designed to achieve one of the PSRP at the permitted design loading of the facility.The certification need only be repeated if the design loading of the facility is increased.The certification shall include a statement indicating the design meets all the applicable standards specified in Appendix B of 4o CFR Part 5o3; iii. Prior to any off-site transportation or on-site use or disposal of any sewage sludge generated at a wastewater treatment facility,the chief certified operator of the wastewater treatment facility or other responsible official who manages the processes to significantly reduce pathogens at the wastewater treatment facility for the permittee,shall certify that the sewage sludge underwent at least the minimum operational requirements necessary in order to meet one of the PSRP. The acceptable processes and the minimum operational and record keeping requirements shall be in accordance with established U.S.Environmental Protection Agency final guidance; iv. All certification records and operational records describing how the requirements of this paragraph were met shall be kept by the generator for a minimum of three years and be available for inspection by commission staff for review;and v. If the sewage sludge is generated from a mixture of sources,resulting from a person who prepares sewage sludge from more than one wastewater treatment facility,the resulting derived product shall meet one of the PSRP,and shall meet the certification,operation,and record keeping requirements of this paragraph. Alternative -Sewage sludge shall be treated in an equivalent process that has been approved by the U.S.Environmental Protection Agency,so long as all of the following requirements are met by the generator of the sewage sludge. i. Prior to use or disposal,all the sewage sludge must have been generated from a Page zo City of Port Arthur TPDES Permit No.WQoo1o364002 single location, except as provided in paragraph v.below; ii. Prior to any off-site transportation or on-site use or disposal of any sewage sludge generated at a wastewater treatment facility,the chief certified operator of the wastewater treatment facility or other responsible official who manages the processes to significantly reduce pathogens at the wastewater treatment facility for the permittee,shall certify that the sewage sludge underwent at least the minimum operational requirements necessary in order to meet one of the PSRP. The acceptable processes and the minimum operational and record keeping requirements shall be in accordance with established U.S. Environmental Protection Agency final guidance; iii. All certification records and operational records describing how the requirements of this paragraph were met shall be kept by the generator for a minimum of three years and be available for inspection by commission staff for review; iv. The Executive Director will accept from the U.S.Environmental Protection Agency a finding of equivalency to the defined PSRP; and V. If the sewage sludge is generated from a mixture of sources resulting from a person who prepares sewage sludge from more than one wastewater treatment facility,the resulting derived product shall meet one of the Processes to Significantly Reduce Pathogens,and shall meet the certification,operation,and record keeping requirements of this paragraph. In addition to the Alternatives i —3,the following site restrictions must be met if Class B biosolids are land applied: i. Food crops with harvested parts that touch the biosolids/soil mixture and are totally above the land surface shall not be harvested for 14 months after application of biosolids. ii. Food crops with harvested parts below the surface of the land shall not be harvested for 20 months after application of biosolids when the biosolids remain on the land surface for 4 months or longer prior to incorporation into the soil. iii. Food crops with harvested parts below the surface of the land shall not be harvested for 38 months after application of biosolids when the biosolids remain on the land surface for less than 4 months prior to incorporation into the soil. iv. Food crops,feed crops,and fiber crops shall not be harvested for 3o days after application of biosolids. v. Domestic livestock shall not be allowed to graze on the land for 3o days after application of biosolids. vi. Turf grown on land where biosolids are applied shall not be harvested for i year after application of the biosolids when the harvested turf is placed on either land with a high potential for public exposure or a lawn. vii. Public access to land with a high potential for public exposure shall be restricted for i year after application of biosolids. Page 21 City of Port Arthur TPDES Permit No.WQoo1o364002 viii.Public access to land with a low potential for public exposure shall be restricted for 3o days after application of biosolids. ix. Land application of biosolids shall be in accordance with the buffer zone requirements found in 3o TAC§312.44. 4. Vector Attraction Reduction Requirements All bulk sewage sludge that is applied to agricultural land,forest,a public contact site,or a reclamation site shall be treated by one of the following Alternatives 1 through 10 for vector attraction reduction. Alternative 1- The mass of volatile solids in the sewage sludge shall be reduced by a minimum of 38%. Alternative 2- If Alternative 1 cannot be met for an anaerobically digested sludge, demonstration can be made by digesting a portion of the previously digested sludge anaerobically in the laboratory in a bench-scale unit for 4o additional days at a temperature between 30°and 37°Celsius. Volatile solids must be reduced by less than 17%to demonstrate compliance. Alternative q- If Alternative 1 cannot be met for an aerobically digested sludge, demonstration can be made by digesting a portion of the previously digested sludge with percent solids of two percent or less aerobically in the laboratory in a bench-scale unit for 3o additional days at 20° Celsius.Volatile solids must be reduced by less than 15%to demonstrate compliance. Alternative 4- The specific oxygen uptake rate(SOUR)for sewage sludge treated in an aerobic process shall be equal to or less than 1.5 milligrams of oxygen per hour per gram of total solids(dry weight basis)at a temperature of 20° Celsius. Alternative 5- Sewage sludge shall be treated in an aerobic process for 14 days or longer. During that time,the temperature of the sewage sludge shall be higher than 40°Celsius and the average temperature of the sewage sludge shall be higher than 45°Celsius. Alternative 6- The pH of sewage sludge shall be raised to 12 or higher by alkali addition and,without the addition of more alkali shall remain at 12 or higher for two hours and then remain at a pH of 11.5 or higher for an additional 22 hours at the time the sewage sludge is prepared for sale or given away in a bag or other container. Alternative 7- The percent solids of sewage sludge that does not contain unstabilized solids generated in a primary wastewater treatment process shall be equal to or greater than 75%based on the moisture content and total solids prior to mixing with other materials.Unstabilized solids are defined as organic materials in sewage sludge that have not been treated in either an aerobic or anaerobic treatment process. Page 22 City of Port Arthur TPDES Permit No.WQoo1o364002 Alternative 8- The percent solids of sewage sludge that contains unstabilized solids generated in a primary wastewater treatment process shall be equal to or greater than 9o%based on the moisture content and total solids prior to mixing with other materials at the time the sludge is used. Unstabilized solids are defined as organic materials in sewage sludge that have not been treated in either an aerobic or anaerobic treatment process. Alternative 9- i. Biosolids shall be injected below the surface of the land. ii. No significant amount of the biosolids shall be present on the land surface within one hour after the biosolids are injected. iii. When sewage sludge that is injected below the surface of the land is Class A or Class AB with respect to pathogens,the biosolids shall be injected below the land surface within eight hours after being discharged from the pathogen treatment process. Alternative io- I Biosolids applied to the land surface or placed on a surface disposal site shall be incorporated into the soil within six hours after application to or placement on the land. ii. When biosolids that are incorporated into the soil is Class A or Class AB with respect to pathogens,the biosolids shall be applied to or placed on the land within eight hours after being discharged from the pathogen treatment process. C. Monitoring Requirements Toxicity Characteristic Leaching Procedure -annually (TCLP)Test PCBs -annually All metal constituents and fecal coliform or Salmonella sp.bacteria shall be monitored at the appropriate frequency shown below,pursuant to 3o TAC§312.46(a)(1): Amount of biosolids(*) metric tons per 165-day period Monitoring Frequency o to less than 290 Once/Year 290 to less than 1,soo Once/Quarter 1,50o to less than 15,00o Once/Two Months 15,000 or greater Once/Month (*) The amount of bulk biosolids applied to the land(dry wt. basis). Representative samples of sewage sludge shall be collected and analyzed in accordance with the methods referenced in 30 TAC§ 312.E Page 23 City of Port Arthur TPDES Permit No.WQooto364002 Identify each of the analytic methods used by the facility to analyze enteric viruses,fecal coliforms,helminth ova,Salmonella sp.,and other regulated parameters. Identify in the following categories(as applicable)the sewage sludge or biosolids treatment process or processes at the facility:preliminary operations(e.g.,sludge or biosolids grinding and degritting),thickening(concentration),stabilization,anaerobic digestion,aerobic digestion,composting,conditioning,disinfection(e.g.,beta ray irradiation,gamma ray irradiation,pasteurization),dewatering(e.g.,centrifugation,sludge drying beds,sludge lagoons),heat drying,thermal reduction,and methane or biogas capture and recovery. Identify the nature of material generated by the facility(such as a biosolid for beneficial use or land-farming,or sewage sludge or biosolids for disposal at a monofill)and whether the material is ultimately conveyed off-site in bulk or in bags. Page 24 City of Port Arthur TPDES Permit No.WQoo1o364002 SECTION II. REQUIREMENTS SPECIFIC TO BULK SEWAGE SLUDGE OR BIOSOLIDS FOR APPLICATION TO THE LAND MEETING CLASS A, CLASS AB or B PATHOGEN REDUCTION AND THE CUMULATIVE LOADING RATES IN TABLE 2,OR CLASS B PATHOGEN REDUCTION AND THE POLLUTANT CONCENTRATIONS IN TABLE 3 For those permittees meeting Class A,Class AB or B pathogen reduction requirements and that meet the cumulative loading rates in Table 2 below,or the Class B pathogen reduction requirements and contain concentrations of pollutants below listed in Table 3,the following conditions apply: A. Pollutant Limits Table 2 Cumulative Pollutant Loading Rate Pollutant (pounds per acre)* Arsenic 36 Cadmium 35 Chromium 2677 Copper 1339 Lead 268 Mercury 15 Molybdenum Report Only Nickel 375 Selenium 89 Zinc 2500 Table 3 Monthly Average Concentration Pollutant (milligrams per kilogram)* Arsenic 41 Cadmium 39 Chromium 1200 Copper 1500 Lead 300 Mercury 17 Molybdenum Report Only Nickel 420 Selenium 36 Zinc 2800 *Dry weight basis B. Pathogen Control All bulk sewage sludge that is applied to agricultural land, forest,a public contact site,a reclamation site,shall be treated by either Class A,Class AB or Class B biosolids pathogen reduction requirements as defined above in Section I.B.3. Page 25 City of Port Arthur TPDES Permit No.WQooio364002 C. Management Practices 1. Bulk biosolids shall not be applied to agricultural land,forest,a public contact site,or a reclamation site that is flooded,frozen,or snow-covered so that the bulk sewage sludge enters a wetland or other waters in the State. 2. Bulk biosolids not meeting Class A requirements shall be land applied in a manner which complies with Applicability in accordance with 3o TAC§312.41 and the Management Requirements in accordance with 3o TAC§312.44. 3. Bulk biosolids shall be applied at or below the agronomic rate of the cover crop. 4. An information sheet shall be provided to the person who receives bulk Class A or AB biosolids sold or given away.The information sheet shall contain the following information: a. The name and address of the person who prepared the Class A or AB biosolids that are sold or given away in a bag or other container for application to the land. b. A statement that application of the biosolids to the land is prohibited except in accordance with the instruction on the label or information sheet. c. The annual whole sludge application rate for the biosolids application rate for the biosolids that does not cause any of the cumulative pollutant loading rates in Table 2 above to be exceeded,unless the pollutant concentrations in Table 3 found in Section II above are met. D. Notification Requirements 1. If bulk biosolids are applied to land in a State other than Texas,written notice shall be provided prior to the initial land application to the permitting authority for the State in which the bulk biosolids are proposed to be applied.The notice shall include: a. The location,by street address,and specific latitude and longitude,of each land application site. b. The approximate time period bulk biosolids will be applied to the site. c. The name, address,telephone number,and National Pollutant Discharge Elimination System permit number(if appropriate)for the person who will apply the bulk biosolids. 2. The permittee shall give i8o days prior notice to the Executive Director in care of the Wastewater Permitting Section(MC 148)of the Water Quality Division of any change planned in the biosolids disposal practice. E. Record Keeping Requirements The documents will be retained at the facility site and/or shall be readily available for review by a TCEQ representative.The person who prepares bulk sewage sludge or a biosolids material shall develop the following information and shall retain the information at the facility site and/or shall be readily available for review by a TCEQ representative for a Page 26 • City of Port Arthur TPDES Permit No.WQoo1o364002 period of five years. If the permittee supplies the sludge to another person who land applies the sludge,the permittee shall notify the land applier of the requirements for record keeping found in 3o TAC§312.47 for persons who land apply. 1. The concentration(mg/kg)in the sludge of each pollutant listed in Table 3 above and the applicable pollutant concentration criteria(mg/kg),or the applicable cumulative pollutant loading rate and the applicable cumulative pollutant loading rate limit(lbs/ac) listed in Table 2 above. 2. A description of how the pathogen reduction requirements are met(including site restrictions for Class AB and Class B biosolids,if applicable). 3. A description of how the vector attraction reduction requirements are met. 4. A description of how the management practices listed above in Section II.0 are being met. 5. The following certification statement: "I certify,under penalty of law,that the applicable pathogen requirements in 3o TAC§ 312.82(a)or(b)and the vector attraction reduction requirements in 30 TAC§312.83(b) have been met for each site on which bulk biosolids are applied.This determination has been made under my direction and supervision in accordance with the system designed to ensure that qualified personnel properly gather and evaluate the information used to determine that the management practices have been met.I am aware that there are significant penalties for false certification including fine and imprisonment." 6. The recommended agronomic loading rate from the references listed in Section II.C.3. above,as well as the actual agronomic loading rate shall be retained.The person who applies bulk biosolids shall develop the following information and shall retain the information at the facility site and/or shall be readily available for review by a TCEQ representative indefinitely.If the permittee supplies the sludge to another person who land applies the sludge,the permittee shall notify the land applier of the requirements for record keeping found in 3o TAC§ 312.47 for persons who land apply: a. A certification statement that all applicable requirements(specifically listed) have been met,and that the permittee understands that there are significant penalties for false certification including fine and imprisonment.See 3o TAC§312.47(a)(4)(A)(ii) or 3o TAC§312.47(a)(5)(A)(ii),as applicable,and to the permittee's specific sludge treatment activities. b. The location,by street address, and specific latitude and longitude,of each site on which biosolids are applied. c. The number of acres in each site on which bulk biosolids are applied. d. The date and time biosolids are applied to each site. e. The cumulative amount of each pollutant in pounds/acre listed in Table 2 applied to each site. f. The total amount of biosolids applied to each site in dry tons. Page 27 City of Port Arthur TPDES Permit No.WQoo1o364o02 The above records shall be maintained on-site on a monthly basis and shall be made available to the Texas Commission on Environmental Quality upon request. F. Reporting Requirements The permittee shall report annually to the TCEQ Regional Office(MC Region io)and Compliance Monitoring Team(MC 224) of the Enforcement Division,by September 3oth of each year the following information.The permittee must submit this annual report using the online electronic reporting system available through the TCEQ website unless the permittee requests and obtains an electronic reporting waiver. 1. Identify in the following categories(as applicable)the sewage sludge or biosolids treatment process or processes at the facility:preliminary operations(e.g.,sludge or biosolids grinding and degritting),thickening(concentration),stabilization,anaerobic digestion,aerobic digestion,composting,conditioning,disinfection(e.g.,beta ray irradiation,gamma ray irradiation,pasteurization),dewatering(e.g.,centrifugation, sludge drying beds,sludge lagoons), heat drying,thermal reduction,and methane or biogas capture and recovery. 2. Identify the nature of material generated by the facility(such as a biosolid for beneficial use or land-farming,or sewage sludge for disposal at a monofill) and whether the material is ultimately conveyed off-site in bulk or in bags. 3. Results of tests performed for pollutants found in either Table 2 or 3 as appropriate for the permittee's land application practices. 4. The frequency of monitoring listed in Section I.C.that applies to the permittee. 5. Toxicity Characteristic Leaching Procedure(TCLP)results. 6. PCB concentration in sludge or biosolids in mg/kg. 7. Identity of hauler(s) and TCEQ transporter number. 8. Date(s)of transport. 9. Texas Commission on Environmental Quality registration number,if applicable. 10. Amount of sludge or biosolids disposal dry weight(lbs/acre) at each disposal site. ii. The concentration(mg/kg)in the sludge of each pollutant listed in Table i(defined as a monthly average)as well as the applicable pollutant concentration criteria(mg/kg)listed in Table 3 above,or the applicable pollutant loading rate limit(lbs/acre)listed in Table 2 above if it exceeds 90%of the limit. 12. Level of pathogen reduction achieved(Class A,Class AB or Class B). 13. Alternative used as listed in Section I.B.3.(a. or b.).Alternatives describe how the pathogen reduction requirements are met.If Class B biosolids,include information on how site restrictions were met. 14. Identify each of the analytic methods used by the facility to analyze enteric viruses,fecal coliforms,helminth ova,Salmonella sp., and other regulated parameters. 15. Vector attraction reduction alternative used as listed in Section I.B.4. Page 28 City of Port Arthur TPDES Permit No.WQoo1o364002 16. Amount of sludge or biosolids transported in dry tons/year. 17. The certification statement listed in either 3o TAC§ 312.47(a)(4)(A)(ii)or 3o TAC§ 312.47(a)(5)(A)(ii)as applicable to the permittee's sludge or biosolids treatment activities,shall be attached to the annual reporting form. 18. When the amount of any pollutant applied to the land exceeds 9o%of the cumulative pollutant loading rate for that pollutant,as described in Table 2,the permittee shall report the following information as an attachment to the annual reporting form. a. The location,by street address,and specific latitude and longitude. b. The number of acres in each site on which bulk biosolids are applied. c. The date and time bulk biosolids are applied to each site. d. The cumulative amount of each pollutant(i.e.,pounds/acre)listed in Table 2 in the bulk biosolids applied to each site. e. The amount of biosolids(i.e.,dry tons)applied to each site. The above records shall be maintained on a monthly basis and shall be made available to the Texas Commission on Environmental Quality upon request. Page 29 City of Port Arthur TPDES Permit No.WQooio364o02 SECTION III. REQUIREMENTS APPLYING TO ALL SEWAGE SLUDGE OR BIOSOLIDS DISPOSED IN A MUNICIPAL SOLID WASTE LANDFILL A. The permittee shall handle and dispose of sewage sludge or biosolids in accordance with 3o TAC§33o and all other applicable state and federal regulations to protect public health and the environment from any reasonably anticipated adverse effects due to any toxic pollutants that may be present.The permittee shall ensure that the sewage sludge meets the requirements in 3o TAC§33o concerning the quality of the sludge or biosolids disposed in a municipal solid waste landfill. B. If the permittee generates sewage sludge and supplies that sewage sludge or biosolids to the owner or operator of a municipal solid waste landfill(MSWLF)for disposal,the permittee shall provide to the owner or operator of the MSWLF appropriate information needed to be in compliance with the provisions of this permit. C. The permittee shall give i8o days prior notice to the Executive Director in care of the Wastewater Permitting Section(MC 148)of the Water Quality Division of any change planned in the sewage sludge or biosolids disposal practice. D. Sewage sludge or biosolids shall be tested annually in accordance with the method specified in both 4o CFR Part 261,Appendix II and 4o CFR Part 268,Appendix I (Toxicity Characteristic Leaching Procedure)or other method,which receives the prior approval of the TCEQ for contaminants listed in Table 1 of 4o CFR§ 261.24. Sewage sludge or biosolids failing this test shall be managed according to RCRA standards for generators of hazardous waste,and the waste's disposition must be in accordance with all applicable requirements for hazardous waste processing,storage,or disposal. Following failure of any TCLP test,the management or disposal of sewage sludge or biosolids at a facility other than an authorized hazardous waste processing,storage,or disposal facility shall be prohibited until such time as the permittee can demonstrate the sewage sludge or biosolids no longer exhibits the hazardous waste toxicity characteristics(as demonstrated by the results of the TCLP tests).A written report shall be provided to both the TCEQ Registration and Reporting Section(MC 129)of the Permitting and Registration Support Division and the Regional Director(MC Region 1o)of the appropriate TCEQ field office within 7 days after failing the TCLP Test. The report shall contain test results,certification that unauthorized waste management has stopped,and a summary of alternative disposal plans that comply with RCRA standards for the management of hazardous waste.The report shall be addressed to: Director,Permitting and Registration Support Division(MC 129),Texas Commission on Environmental Quality, P.O.Box 13087,Austin,Texas 78711-3087. In addition,the permittee shall prepare an annual report on the results of all sludge toxicity testing.This annual report shall be submitted to the TCEQ Regional Office(MC Region io)and the Compliance Monitoring Team(MC 224) of the Enforcement Division by September 3o of each year. E. Sewage sludge or biosolids shall be tested as needed,in accordance with the requirements of 3o TAC Chapter 33o. F. Record Keeping Requirements The permittee shall develop the following information and shall retain the information for five years. Page 3o City of Port Arthur TPDES Permit No.WQoo1o364o02 1. The description(including procedures followed and the results) of all liquid Paint Filter Tests performed. 2. The description(including procedures followed and results)of all TCLP tests performed. The above records shall be maintained on-site on a monthly basis and shall be made available to the Texas Commission on Environmental Quality upon request. G. Reporting Requirements The permittee shall report annually to the TCEQ Regional Office(MC Region io)and Compliance Monitoring Team(MC 224)of the Enforcement Division by September 3oth of each year the following information.The permittee must submit this annual report using the online electronic reporting system available through the TCEQ website unless the permittee requests and obtains an electronic reporting waiver. 1. Identify in the following categories (as applicable)the sewage sludge or biosolids treatment process or processes at the facility:preliminary operations (e.g.,sludge or biosolids grinding and degritting),thickening(concentration),stabilization,anaerobic digestion,aerobic digestion,composting,conditioning,disinfection(e.g.,beta ray irradiation,gamma ray irradiation, pasteurization),dewatering(e.g.,centrifugation, sludge drying beds,sludge lagoons),heat drying,thermal reduction,and methane or biogas capture and recovery. 2. Toxicity Characteristic Leaching Procedure(TCLP)results. 3. Annual sludge or biosolids production in dry tons/year. 4. Amount of sludge or biosolids disposed in a municipal solid waste landfill in dry tons/year. 5. Amount of sludge or biosolids transported interstate in dry tons/year. 6. A certification that the sewage sludge or biosolids meets the requirements of 3o TAC§ 33o concerning the quality of the sludge disposed in a municipal solid waste landfill. 7. Identity of hauler(s)and transporter registration number. 8. Owner of disposal site(s). 9. Location of disposal site(s). io. Date(s)of disposal. The above records shall be maintained on-site on a monthly basis and shall be made available to the Texas Commission on Environmental Quality upon request. Page 31 City of Port Arthur TPDES Permit No.WQoolo364002 SECTION IV. REQUIREMENTS APPLYING TO SLUDGE OR BIOSOLIDS TRANSPORTED TO ANOTHER FACILITY FOR FURTHER PROCESSING These provisions apply to sludge or biosolids that is transported to another wastewater treatment facility or facility that further processes sludge or biosolids.These provisions are intended to allow transport of sludge or biosolids to facilities that have been authorized to accept sludge or biosolids.These provisions do not limit the ability of the receiving facility to determine whether to accept the sludge or biosolids,nor do they limit the ability of the receiving facility to request additional testing or documentation. A. General Requirements i. The permittee shall handle and dispose of sewage sludge or biosolids in accordance with 3o TAC Chapter 312 and all other applicable state and federal regulations in a manner that protects public health and the environment from any reasonably anticipated adverse effects due to any toxic pollutants that maybe present in the sludge. 2. Sludge or biosolids may only be transported using a registered transporter or using an approved pipeline. B. Record Keeping Requirements i. For sludge transported by an approved pipeline,the permittee must maintain records of the following: a. the amount of sludge or biosolids transported; b. the date of transport; c. the name and TCEQ permit number of the receiving facility or facilities; d. the location of the receiving facility or facilities; e. the name and TCEQ permit number of the facility that generated the waste;and f. copy of the written agreement between the permittee and the receiving facility to accept sludge or biosolids. 2. For sludge or biosolids transported by a registered transporter,the permittee must maintain records of the completed trip tickets in accordance with 3o TAC§ 312.145(a)(1)-(7)and amount of sludge or biosolids transported. 3. The above records shall be maintained on-site on a monthly basis and shall be made available to the TCEQ upon request.These records shall be retained for at least five years. Page 32 • City of Port Arthur TPDES Permit No.WQoo1o364002 C. Reporting Requirements The permittee shall report the following information annually to the TCEQ Regional Office (MC Region io)and Compliance Monitoring Team(MC 224) of the Enforcement Division, by September 30th of each year. The permittee must submit this annual report using the online electronic reporting system available through the TCEQ website unless the permittee requests and obtains an electronic reporting waiver. 1. Identify in the following categories(as applicable)the sewage sludge or biosolids treatment process or processes at the facility: preliminary operations(e.g.,sludge or biosolids grinding and degritting),thickening(concentration),stabilization,anaerobic digestion, aerobic digestion,composting,conditioning,disinfection(e.g.,beta ray irradiation,gamma ray irradiation,pasteurization),dewatering(e.g.,centrifugation, sludge drying beds,sludge lagoons),heat drying,thermal reduction,and methane or biogas capture and recovery. 2. the annual sludge or biosolids production; 3. the amount of sludge or biosolids transported; 4. the owner of each receiving facility; 5. the location of each receiving facility; and 6. the date(s)of disposal at each receiving facility. TCEQ Revision 06/2020 Page 33 City of Port Arthur TPDES Permit No.WQoo1o364002 OTHER REQUIREMENTS 1. The permittee shall employ or contract with one or more licensed wastewater treatment facility operators or wastewater system operations companies holding a valid license or registration according to the requirements of 3o TAC Chapter 3o,Occupational Licenses and Registrations,and in particular 3o TAC Chapter 3o,Subchapter J,Wastewater Operators and Operations Companies. This Category B facility must be operated by a chief operator or an operator holding a Class B license or higher.The facility must be operated a minimum of five days per week by the licensed chief operator or an operator holding the required level of license or higher.The licensed chief operator or operator holding the required level of license or higher must be available by telephone or pager seven days per week.Where shift operation of the wastewater treatment facility is necessary,each shift that does not have the on-site supervision of the licensed chief operator must be supervised by an operator in charge who is licensed not less than one level below the category for the facility. 2. The Executive Director has reviewed this action for consistency with the goals and policies of the Texas Coastal Management Program(CMP)in accordance with the regulations of the General Land Office(GLO),and has determined that the action is consistent with the applicable CMP goals and policies. 3. Chronic toxic criteria apply at the edge of the chronic aquatic life mixing zone.The chronic aquatic life mixing zone is defined as a volume within a radius of 17.5 feet from the point of discharge. 4. The permittee shall comply with the requirements of 3o TAC§309.13(a)through(d).In addition,by ownership of the required buffer zone area,the permittee shall comply with the requirements of 3o TAC§309.13(e). 5. The permittee shall provide facilities for the protection of its wastewater treatment facility from a too-year flood. 6. In accordance with 3o TAC§319.9,a permittee that has at least twelve months of uninterrupted compliance with its bacteria limit may notify the commission in writing of its compliance and request a less frequent measurement schedule.To request a less frequent schedule,the permittee shall submit a written request to the TCEQ Wastewater Permitting Section(MC 148)for each phase that includes a different monitoring frequency.The request must contain all of the reported bacteria values(Daily Avg. and Daily Max/Single Grab)for the twelve consecutive months immediately prior to the request. If the Executive Director finds that a less frequent measurement schedule is protective of human health and the environment,the permittee may be given a less frequent measurement schedule.For this permit,one/week may be reduced to two/month.A violation of any bacteria limit by a facility that has been granted a less frequent measurement schedule will require the permittee to return to the standard frequency schedule and submit written notice to the TCEQ Wastewater Permitting Section (MC 148).The permittee may not apply for another reduction in measurement frequency for at least 24 months from the date of the last violation.The Executive Director may establish a more frequent measurement schedule if necessary to protect human health or the environment. 7. The plans and specifications for the existing facility has been approved for the re-rating from 2.75 MGD to 3.8 MGD on February 22,2019(WWPR Log No. 1018/098). Page 34 City of Port Arthur TPDES Permit No.WQooio364o02 CONTRIBUTING INDUSTRIES AND PRETREATMENT REQUIREMENTS i. The permittee shall operate an industrial pretreatment program in accordance with Sections 4o2(b)(8)and(9)of the Clean Water Act,the General Pretreatment Regulations(4o CFR Part 403),and the approved Brushy Creek Regional Wastewater System publicly owned treatment works(POTW)pretreatment program submitted by the permittee.The pretreatment program was approved on October 27, 1990, and modified on December 1, 1994,August 16, 2005,and on the date of issuance of this permit action(TBLLs). The POTW pretreatment program is hereby incorporated by reference and shall be implemented in a manner consistent with the following requirements: a. Industrial user(IU)information shall be kept current according to 4o CFR§§ 403.8(f)(2)(i)and(ii)and updated at a frequency set forth in the approved pretreatment program to reflect the accurate characterization of all IUs. b. The frequency and nature of IU compliance monitoring activities by the permittee shall be consistent with the approved POTW pretreatment program and commensurate with the character,consistency,and volume of waste.The permittee is required to inspect and sample the effluent from each significant industrial user (SIU)at least once per year,except as specified in 4o CFR§403.8(f)(2)(v).This is in addition to any industrial self-monitoring activities. c. The permittee shall enforce and obtain remedies for IU noncompliance with applicable pretreatment standards and requirements and the approved POTW pretreatment program. d. The permittee shall control through permit,order,or similar means,the contribution to the POTW by each IU to ensure compliance with applicable pretreatment standards and requirements and the approved POTW pretreatment program.In the case of SIUs(identified as significant under 40 CFR§403.3(v)),this control shall be achieved through individual permits or general control mechanisms,in accordance with 4o CFR§403.8(f)(1)(iii). Both individual and general control mechanisms must be enforceable and contain,at a minimum,the following conditions: (1) Statement of duration(in no case more than five years); (2) Statement of non-transferability without,at a minimum,prior notification to the POTW and provision of a copy of the existing control mechanism to the new owner or operator; (3) Effluent limits,which may include enforceable best management practices (BMPs),based on applicable general pretreatment standards,categorical pretreatment standards,local limits,and State and local law; (4) Self-monitoring,sampling,reporting,notification and record keeping requirements,identification of the pollutants to be monitored(including,if applicable,the process for seeking a waiver for a pollutant neither present nor expected to be present in the lU's discharge in accordance with 4o CFR§ 403.12(e)(2),or a specific waived pollutant in the case of an individual control mechanism),sampling location,sampling frequency,and sample type,based on the applicable general pretreatment standards in 4o CFR Part 403, categorical pretreatment standards,local limits,and State and local law; Page 35 City of Port Arthur TPDES Permit No.WQooio364o02 (5) Statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements,and any applicable compliance schedule. Such schedules may not extend the compliance date beyond federal deadlines; and (6) Requirements to control slug discharges,if determined by the POTW to be necessary. e. For those IUs who are covered by a general control mechanism,in order to implement 4o CFR§403.8(f)(1)(iii)(A)(2),a monitoring waiver for a pollutant neither present nor expected to be present in the IU's discharge is not effective in the general control mechanism until after the POTW has provided written notice to the SIU that such a waiver request has been granted in accordance with 4o CFR§ 403.12(e)(2). f. The permittee shall evaluate whether each SIU needs a plan or other action to control slug discharges,in accordance with 4o CFR§4o3.8(f)(2)(vi).If the POTW decides that a slug control plan is needed,the plan shall contain at least the minimum elements required in 4o CFR§4o3.8(f)(2)(vi). g. The permittee shall provide adequate staff,equipment,and support capabilities to carry out all elements of the pretreatment program. h. The approved program shall not be modified by the permittee without the prior approval of the Executive Director,according to 4o CFR§403.18. 2. The permittee is under a continuing duty to establish and enforce specific local limits to implement the provisions of 40 CFR§403.5,develop and enforce local limits as necessary, and modify the approved pretreatment program as necessary to comply with federal,state, and local law,as amended.The permittee may develop BMPs to implement 4o CFR §403.5(c)(1)and(2). Such BMPs shall be considered local limits and pretreatment standards.The permittee is required to effectively enforce such limits and to modify its pretreatment program,including the Legal Authority,Enforcement Response Plan,and Standard Operating Procedures(including forms),if required by the Executive Director to reflect changing conditions at the POTW. Substantial modifications will be approved in accordance with 4o CFR§403.18,and modifications will become effective upon approval by the Executive Director in accordance with 40 CFR§403.1.8. 3. The permittee shall analyze the treatment facility influent and effluent for the presence of the toxic pollutants listed in the Texas Surface Water Quality Standards[3o TAC Chapter 307],and 4o CFR Part 122,Appendix D,Table II at least once per six months and the toxic pollutants listed in 4o CFR Part 122,Appendix D,Table III at least once per three months. If,based upon information available to the permittee,there is reason to suspect the presence of any toxic or hazardous pollutant listed in 4o CFR Part 122,Appendix D, Table V,or any other pollutant,known or suspected to adversely affect treatment plant operation,receiving water quality,or solids disposal procedures,analysis for those pollutants shall be performed at least once per three months on both the influent and the effluent. The influent and effluent samples collected shall be composite samples consisting of at least 12 aliquots collected at approximately equal intervals over a representative 24-hour period and composited according to flow. Sampling and analytical procedures shall be in accordance with guidelines established in 40 CFR Part i36,as amended; as approved by the Page 36 City of Port Arthur TPDES Permit No.WQoo1o364o02 EPA through the application for alternate test procedures; or as suggested in Tables E-1 and E-2 of the Procedures to Implement the Texas Surface Water Quality Standards(RG-194), June 2010, as amended and adopted by the TCEQ. The effluent samples shall be analyzed to the minimum analytical level(MAL),if necessary,to determine compliance with the daily average water quality based effluent concentration from the TCEQ's Texas Toxicity Modeling Program(TEXTOX)and other applicable water quality discharge standards. Where composite samples are inappropriate due to sampling,holding time,or analytical constraints,at least four(4)grab samples shall be taken at equal intervals over a representative 24-hour period. 4. The permittee shall prepare annually a list of IUs,which during the preceding twelve(12) months were in significant noncompliance(SNC)with applicable pretreatment requirements. For the purposes of this section of the permit,"CONTRIBUTING INDUSTRIES AND PRETREATMENT REQUIREMENTS,"SNC shall be determined based upon the more stringent of either criteria established at 4o CFR§4o3.8(f)(2)(viii)[rev. 10/14/o5]or criteria established in the approved POTW pretreatment program. This list is to be published annually during the month of October in a newspaper of general circulation that provides meaningful public notice within the jurisdiction(s)served by the POTW. In addition,each October the permittee shall submit an updated pretreatment program annual status report,in accordance with 4o CFR§§4o3.12(i) [rev.10/22/15] and(m),to the TCEQ Pretreatment Team(MC148)of the Water Quality Division. The report summary shall be submitted on the Pretreatment Performance Summary(PPS)form[TCEQ-2o218]. The report shall contain the following information as well as the information on the tables in this section: a. An updated list of all regulated IUs as indicated in this section. For each listed IU, the following information shall be included: (1) Standard Industrial Classification(SIC)or North American Industry Classification System(NAICS) code and categorical determination. (2) If the pretreatment program has been modified and approved to incorporate reduced monitoring for any of the categorical IUs as provided by 40 CFR Part 403[rev.to/14/o5],then the list must also identify: • categorical IUs subject to the conditions for reduced monitoring and reporting requirements under 4o CFR§403.12(e)(1) [rev. to/22/15]and(3); • those IUs that are non-significant categorical industrial users(NSCIUs) under 4o CFR§4o3.3(v)(2);and • those IUs that are middle tier categorical industrial users(MTCIUs)under 40 CFR§403.12(e)(3). (3) Control mechanism status. • Indicate whether the IU has an effective individual or general control mechanism,and the date such control mechanism was last issued,reissued, or modified; Page 37 City of Port Arthur TPDES Permit No.WQo010364002 • Indicate which IUs were added to the system,or newly identified,during the pretreatment year reporting period; • Include the type of general control mechanisms; and • Report all NSCIU annual evaluations performed,as applicable. (4) A summary of all compliance monitoring activities performed by the POTW during the pretreatment year reporting period.The following information shall be reported: • Total number of inspections performed; and • Total number of sampling events conducted. (5) Status of IU compliance with effluent limitations,reporting,and narrative standard(which may include enforceable BMPs,narrative limits,and/or operational standards)requirements. Compliance status shall be defined as follows: • Compliant(C)-no violations during the pretreatment year reporting period; • Non-compliant(NC)-one or more violations during the pretreatment year reporting period but does not meet the criteria for SNC;and • Significant Noncompliance(SNC)-in accordance with requirements described above in this section. (6) For noncompliant IUs,indicate the nature of the violations,the type and number of actions taken(notice of violation,administrative order,criminal or civil suit,fines or penalties collected,etc.),and the current compliance status. If any IU was on a schedule to attain compliance with effluent limits or narrative standards,indicate the date the schedule was issued and the date compliance is to be attained. b. A list of each IU whose authorization to discharge was terminated or revoked during the pretreatment year reporting period and the reason for termination. c. A report on any interference,pass through,Act of God,or POTW permit violations known or suspected to be caused by IUs and response actions taken by the permittee. d. The results of all influent and effluent analyses performed pursuant to Item 3 of this section. e. An original newspaper public notice,or copy of the newspaper publication with official affidavit,of the list of IUs that meet the criteria of SNC,giving the name of the newspaper and date the list was published. f. The daily average water quality based effluent concentrations(from the TCEQ's Texas Toxicity Modeling Program(TexTox))necessary to attain the Texas Surface Water Quality Standards,30 TAC Chapter 307,in water in the state. Page 38 City of Port Arthur TPDES Permit No.WQoo1o364o02 g. The maximum allowable headworks loading(MAHL)in pounds per day(lb jday)of the approved TBLLs or for each pollutant of concern(POC)for which the permittee has calculated a MAHL.In addition,the influent loading as a percent of the MAHL, using the annual average flow of the wastewater treatment plant in million gallons per day(MGD)during the pretreatment year reporting period,for each pollutant that has an adopted TBLL or for each POC for which the permittee has calculated a MAHL. (See Endnotes No.2 at the end of this section for the influent loading as a percent of the MAHL equation.) h. The permittee may submit the updated pretreatment program annual status report information in tabular form using the example table format provided.Please attach, on a separate sheet,explanations to document the various pretreatment activities, including IU permits that have expired,BMP violations,and any sampling events that were not conducted by the permittee as required. i. A summary of changes to the POTW's approved pretreatment program that have not been previously reported to the Approval Authority. Effective December 21, 2025,the permittee must submit the updated pretreatment program annual status report required by this section electronically using the online electronic reporting system available through the TCEQ website unless the permittee requests and obtains an electronic reporting waiver.[rev.Federal Register/Vol.80/No. 204/Friday, October 22,2015/Rules and Regulations,pages 64064-64158J. 5. The permittee shall provide adequate written notification to the Executive Director,care of the Wastewater Permitting Section(MC 148)of the Water Quality Division,within 3o days of the permittee's knowledge of the following: a. Any new introduction of pollutants into the treatment works from an indirect discharger that would be subject to Sections 301 and 306 of the Clean Water Act,if the indirect discharger was directly discharging those pollutants; and b. Any substantial change in the volume or character of pollutants being introduced into the treatment works by a source introducing pollutants into the treatment works at the time of issuance of the permit. Adequate notice shall include information on the quality and quantity of effluent to be introduced into the treatment works and any anticipated impact of the change on the quality or quantity of effluent to be discharged from the POTW. Revised March 2022 Page 39 City of Port Arthur TPDES Permit No.WQoo1o364002 TPDES Pretreatment Program Annual Report Form for Updated Industrial Users List Reporting month/year: , to , TPDES Permit No.: Permittee: Treatment Plant: PRETREATMENT PROGRAM STATUS REPORT UPDATED INDUSTRIAL USERS'LIST COMPLIANCE STATUS CONTROL During the Pretreatment Year MECHANISM Q Reporting Period 4 c) v 1 (C=Compliant,NC=Noncompliant, t' �, SNC=Si:nificant Noncom'Hance z y Z b Z o b an REPORTS t-. a c. `° Z C7 o4.1 o o 0 G > -d a `Z Q n ..a .--1 3 g 6, Ci 9, 0 C I 01 U .. 0 1 •ziU Z . co CQ a, ... 0, a, qi a, o v1 • c= j cs 1,3 Cl) 0 ?. .-a E• F Z F-4 E- xi • . cn 6 j v) A Z W 1 Z vs , L I i 1 1 Include all significant industrial users(SILTs),non-significant categorical industrial users(NSCIITs)as defined in 4o CFR§403.3(v)(2),and/or middle tier categorical industrial users(MTCIUs)as defined in 4o CFR§403.12(e)(3). Please do not include non-significant noncategorical IUs that are covered under best management practices(BMPs)or general control mechanisms. 2 Categorical determination(include 40 CFR citation and NSCIU or MTCIU status,if applicable). 3 Indicate whether the IU is a new user. If the answer is No or N,then indicate the expiration date of the last issued IU permit. 4 The term SNC applies to a broader range of violations,such as daily maximum,long-term average, instantaneous limits,and narrative standards(which may include enforceable BMPs,narrative limits and/or operational standards).Any other violation,or group of violations,which the POTW determines will adversely affect the operation or implementation of the local Pretreatment Program now includes BMP violations(4o CFR§403.8(f)(2)(Niii)(H)). 5 Code NR=None required(NSCIUs only);IND=individual control mechanism;GEN=general control mechanism. Include as a footnote(or on a separate page)the name of the general control mechanism used for similar groups of IUs,identify the similar types of operations and types of wastes that are the same for each general control mechanism. Any BMPs through general control mechanisms that are applied to nonsignificant IUs need to be reported separately,e.g.the sector type and BMP description. 6 Permit or NSCIU evaluations as applicable. 7 According to 40 CFR§403.12(i)(1),indicate whether the IU is subject to technically based local limits (TBLLs)that are more stringent than categorical pretreatment standards,e.g.where there is one end- of-pipe sampling point at a CIU,and you have determined that the TBLLs are more stringent than the categorical pretreatment standards for any pollutant at the end-of-pipe sampling point;OR the IU is subject only to local limits(TBLLs only),e.g.the IU is a non-categorical SIU subject only to TBLLs at the end-of-pipe sampling point. 8 For those IUs where a monitoring waiver has been granted,please add the code"W"(after either C, NC,or SNC codes)and indicate the pollutant(s)for which the waiver has been granted. TCEQ-20218a TPDES Pretreatment Program Annual Report Form Revised July 2007 Page 4o City of Port Arthur TPDES Permit No.WQoo1o364002 TPDES Pretreatment Program Annual Report Form for Industrial User Inventory Modifications Reporting month/year: , to , TPDES Permit No: Permittee: Treatment Plant: INDUSTRIAL USER INVENTORY MODIFICATIONS FACILITY ADD, IF IF ADDITION OR SIGNIFICANT CHANGE: NAME, CHANGE, DELETION: ADDRESS DELETE Reason For AND Deletion PROCESS POLLUTANTS CONTACT DESCRIPTION (Including acle PERSON (Including any sampling w % r. categorical waiver be reclassification ^ :cr cJ given for each 'n a� � " to NSCIU or g pollutant p F' MTCIU) ..a a n not present) w , csw E-4 9 For NSCIUs,total flow must be given,if regulated flow is not determined. TCEQ-20218b TPDES Pretreatment Program Annual Report Form Revised July 2007 Page 41 City of Port Arthur TPDES Permit No.WQoo1o364002 TPDES Pretreatment Program Annual Report Form for Enforcement Actions Taken Reporting month/year: , to , TPDES Permit No: Permittee: Treatment Plant: Overall SNC %SNC`°based on: Effluent Violations % Reporting Violations % Narrative Standard Violations % Noncompliant Industrial Users-Enforcement Actions Taken Number of Actions Compliance -0 Nature of Violation 11 Taken A° o Schedule E z �joy Industrial ti User v, O �n u Comments Name . .o a v ,d U U "N� A • 09 0 0 V •t ti C > • - • E cu +~.+ Z +a+ tz. U .> O rJ CJ w rx zv Zv) Z d 0 0 0 P. °a A A V a 10 # _ — Pretreatment Standards[WENDB-PSNC] (Local Limits/Categorical Standards) _ — Reporting Requirements[WENDB-PSNC] Narrative Standards 11 Please specify a separate number for each type of violation,e.g. report,notification, and/or NSCIU certification. TCEQ-20218c TPDES Pretreatment Program Annual Report Form Revised July 2007 Page 42 City of Port Arthur TPDES Permit No. WQoo1o364002 TPDES Pretreatment Program Annual Report Form for Influent and Effluent Monitoring Results' Reporting month/year: to 1 TPDES Permit No.: Permittee: Treatment Plant: PRE'I'REEATMVIENT PROGRAM INFLUENT AND EFFLUENT MONITORING RESULTS J Influent Average Daily Effluent MAHL,if Measured in tg/I, Influent Average Measured in µg/1. POLLUTANT Applicable Effluent %of the in lb/day (Actual Concentration MAHLx Limit (Actual Concentration or e. MAL) (itg/L) S or < MAL) ; Date Date I Date Date I I _z Date Date Date Date METALS,CYANIDE AND PHENOLS Antimony,Total Arsenic,Total Beryllium,Total Cadmium,Total Chromium,Total Chromium(Hex) Chromium(Tri), Copper,Total Lead.Total Mercury,Total Nickel,Total Selenium,Total Siher,Total Thallium,Total Zinc,Total Page 43 City of Port Arthur TPDES Permit No. WQooio364002 PRETREATMENT PROGRAM INFLUENT AND EFFLUENT MONITORING RESULTS Influent Average Daily Effluent MAML,if Measured in µg/L Influent Average Measured in µg/I. POLLUTANT Applicable Effluent `, of the in lb/day (Actual Concentration 2 Limit (Actual Concentration or< MAL) MAI{l. (Ng/L)3 or< MAL) 4 • t Date Date Date Date r Date Date Date Date Cyanide,Available Cyanide,Total Phenols,Total VOLATILE COMPOUNDS Acrolein Acrylonitrile Benzene Bromoform See TTIIM Carbon Tetrachloride Chlorobenzene Chlorodibromomethane Sec Tl'I I M Chloroethane 2-Chloroethylvinyl Ether See Chloroform '1'1'I I m Dichlorobromomethane Sc e "ME M i,r-Dichloroethane 1,2-Dichloroethane i,i-Dichloroethylene 1,2-Dichloropropane Page 44 • City of Port Arthur TPDES Permit No. WQoo1o364002 PRETREATMENT PROGRAM INFLUENT AND EFFLUENT MONITORING RESULTS Influent Average Daily Effluent MAHL,if Measured in µK/I. Influent Average Measured in µg,�`L POLLUTANT Applicable Effluent in lb/day (Actual Concentration %of the Limit l y MAHLz (Actual Concentration or<MAL) (µg/L)3 or<MAL)•t Date Date Date Date Date Date Date Dade 1,;3-Dichloropropylene {{t Ethyl benzene Methyl Bromide Methyl Chloride , Methylene Chloride 1,1,2,2-Tetra-chlaroethane Tetrachloroethylene Toluene 1,2-•Trans-Dichloroethylene 1,t,i-Trichloroethane 1,1,2-Trichloroethane Trichloroethylenc Vinyl Chloride a ACII)COMPOUNDS 2-Chlorophenol 2,4-Dichlorophenol 2,4-Dimet hylphenol 4,6-Dinitro-o Cresol a 2,4-Dinitrophenol 2-Nitrophenol Page 45 City of Port Arthur TPDES Permit No.WQoo1o364002 PRETREATMENT PROGRAM INFLUENT AND EFFLUENT MONITORING RESULTS Influent Average Daily Effluent MAHI.,if Measured in µg/L. Influent Average Measured in µg/L POLLUTANT Applicable Effluent %of the in lb/day (Actual Concentration 2 Limit (Actual Concentration or<MAL) MARL (tg/L)3 or<MAL)+ Date Date Date Date gate Date Date Date 4-Nitrophenol P-Chloro-m-Cresol A Pentachlorophenol Phenol 2,4,6-Thehlorophenol RASE/NEUTRAL COMPOUNDS Acenaphthene Acenaphthylene • Anthracene AM MI A vg Benzidine Benzo(a)Anthracene Benzo(a)Pyrene 3,4-Benzofluoranthene Benzo(ghi)Perylene Benzo(k)Fluoranthene Bi s(2-Chl oro eth oxy)Metha ne Bis(2-Chloroethyl)Ether 1111. 13is(2-Chi, oisopropyl)Ether Bis(2-Ethylhexyl)Phthalate 4-Bromophenyl Phenyl Ether Page 46 • City of Port Arthur TPDES Permit No.WQoo1o364002 PRETREATM ENT PROGRAM INFLUENT AND EFFLUENT MONITORING RESULTS Influent Average Daily Effluent MAHL,if Measured in nil. Influent Average Measured in µg/t. POLLUTANT Applicable Effluent in lb/day (Actual Concentration of the Limit (Actual Concentration or<MAL) MAUL (µg/L)a or<MAT;,)4 Date Date Date Date Date Date Date Date Butylbenzyl Phthalate 2-Chlorona phthalene 4-Chlorophenyl Phenyl Ether Chrysene Dibenzo(a,h)Anthracene 1,2-Dichlorobenzene 1,3-Dichlorobenzene 1,4-Dichlorobenzene 3,3-Dichlorobenzidine Diethyl Phthalate Dimethyl Phthalate Di-n-Butyl Phthalate • 2,4-Dinitrotoluene 2,6-Dinitrotoluene Di-n-Octyl Phthalate 1,2-Diphenyl Hydrazine Fluoranthene Fl uorene Hexachlorohenzene Hexachlorobutadiene Page 47 City of Port Arthur TPDES Permit No. WQoo1o364002 PRETREATMENT PROGRAM INFLUENT AND EFFLUENT MONITORING RESULTS Influent Average Daily Effluent MARL,if Measured in µg/L Influent Average Measured in µg/L POLLITTANT Applicable Effluent PP e %of the in lb/day (Actual Concentration Limit (Actual Concentration or<MAL) MAHi? (Ftg/L)? or<MAL)4 Date Date L h. IDat- Date Date I Date Date l Iexachloro-cyclopentadiene Hexachloroethane Indeno(i,2,3-cd)pyrene Isophorone Naphthalene Nitrobenzene N-Ni trosodimethylamine N-Nitrosodi-n-Propylamine N-Nitrosodiphenylamine Phenanthrene Pyrene 1,2,4-Trichlorobenze n e PESTICIDES Aldrin Alpha-hexachlorocyclohexat ti (BIIC) beta-BHC gamma-BHC(Lindane) delta-BM' Chlordane 4,4-DDT Page 48 • City of Port Arthur TPDES Permit No.WQoo1o364002 PRE`t'R1EATMENT PROGRAM INFLUENT AND EFFLUENT MONITORING RESULTS Influent AverageDaily Effluent MAHL,if Measured in µg/L Influent Average Measured in µg/L POLLUTANT Applicable Effluent %of the in lb/day (Actual Concentration Limit (Actual Concentration / Y or<MAL) MAHL� (Fig/L)3 or<MAL)4 Date Date Date Date I Date Date Date Date 4,4-DDE 4,4-DDD Dieldrin alpha-Endosulfan beta-Endosulfan Endosulfan Sulfate Endrin Endrin Aldehyde Ileptachlor Heptachlor Epoxide Polychlorinated biphenols (PCBs) The sum of PCB concentrations not to exceed daily average value. • See PCB-1242 PCBs See PCB-12;4 PCBs Sec PCB-1221 PCBs See PCB-1232 PCBs See PCB-1248 PCBs See PCB-126o PCBs See PCB-1016 PCBs Page 49 City of Port Arthur TPDES Permit No.WQooio364002 PRETREATMENT PROGRAM INFLUENT AND EFFLUENT MONITORING RESULTS Influent Average µ$/Daily Effluent MAHL,if Measured in itg/L Influent Average Measured in L POLLUTANT Applicable %of the Effluent in lb/day (Actual Concentration Limit (Actual Concentration or< MAL) MAI11 (µg/L)a or<MAL)4 13: } Date Date Date Date Date Date Date Date Toxaphene ADDITIONAL TOXIC POLLUTANTS REGULATED UNDER 3o TAC CHAPTER 307 Aluminum Barium Bis(chloromethyl)ether Carbar l Chloropyrifos Cresols 2,4-D Danitol s I)emeton Diazinon Dicofol Dioxin/Furans Diu ron Epichlorohydrin 1 Ethylene glycol 9 Fluoride Guthion Hexachlorophene Page 50 City of Port Arthur TPDES Permit No. WQoo1o364002 PRETREATMENT PROGRAM INFLUENT AND EFFLUENT MONITORING RESULTS Influent Average Daily Effluent MAN[.,if Measured in pg/I. Influent Average Measured in Ng/I. POLLUTANT Applicable Effluent %of the in lb/day (Actual Concentration Limit (Actual Concentration or<MAL) MAIIL� (Ftg/L)3 or<MAL)4 Date Date Date Date (-t, * + { Date Date Date Date Iso proplidenediphenolediph enol (biphenol A) Malathion Methoxychlor Methyl Ethyl Ketone Methyl tert-butyl-ether(MTBE) Mirex Nitrate-Nitrogen N-Nitrosodiethylamine N-Nitroso-di-n-Butylamine Nonylphenol Parathion Pen tachlorobenzene Pyridine e 1.2-Dibromoethane ,2,4,5-Tetrachlorobenzeni' 2,4,5-TP(Silvex) Tttibutyltin 9 2,4,5-Trichlorophenol TFHM(Total Trihalomethanes) Page 51 City of Port Arthur TPDES Permit No.WQoo1o364002 Endnotes: i. It is advised that the permittee collect the influent and effluent samples considering flow detention time through each wastewater treatment plant(WWTP). 2. The MAHL of the approved TBLLs or for each pollutant of concern(POC)for which the permittee has calculated a MAHL.Only complete the column labeled"Average Influent%of the MAHL,"as a percentage,for pollutants that have approved TBLLs or for each POC for which the permittee has calculated a MAHL(U.S.Environmental Protection Agency Local Limits Development Guidance,July 2004,EPA933-R-04-002A). The%of the MAHL is to be calculated using the following formulas: Equation A: L INF=(CPoLL x QwwrP x 8.34)/1000 Equation B: L%_ (L INF/MAHL) x loo Where: L INF= Current Average(Avg)influent loading in lb/day Gem,= Avg concentration in µg/L of all influent samples collected during the pretreatment year. Qwwrp= Annual average flow of the WWTP in MGD,defined as the arithmetic average of all daily flow determinations taken within the preceding 12 consecutive calendar months(or during the pretreatment year),and as described in the Definitions and Standard Permit Conditions section. L%_ %of the MARL MAHL= Calculated MAHL in lb/day 8.34= Unit conversion factor 3. Daily average effluent limit(metal values are for total metals)as derived by the Texas Toxicity Modeling Program(TexTox).Effluent limits as calculated are designed to be protective of the Texas Surface Water Quality Standards. The permittee shall determine and indicate which effluent limit is the most stringent between the 3o TAC Chapter 319,Subchapter B(Hazardous Metals)limit,TexTox values,or any applicable limit in the Effluent Limitations and Monitoring Requirements Section of this TPDES permit. Shaded blocks need not be filled in unless the permittee has received a permit requirement/limit for the particular parameter. 4. Minimum analytical levels(MALs)and analytical methods as suggested in Tables E-1 and E-2 of the Procedures to Implement the Texas Surface Water Quality Standards(June 2010),as amended and adopted by the TCEQ. Pollutants that are not detectable above the MAL need to be reported as less than(<)the MAL numeric value. 5. Report result by subtracting Hexavalent Chromium from Total Chromium. 6. Either the method for Amenable to Chlorination or Weak-Acid Dissociable is authorized. 7. Hydrolyzes in water. Will not require permittee to analyze at this time. 8. EPA procedure not approved. Will not require permittee to analyze at this time. 9. Analyses are not required at this time for these pollutants unless there is reason to believe that these pollutants may be present. TCEQ-20218d TPDES Pretreatment Program Annual Report Form Revised February 2020 Page 52 City of Port Arthur TPDES Permit No.WQooio364o02 BIOMONITORING REQUIREMENTS CHRONIC BIOMONITORING REQUIREMENTS: FRESHWATER The provisions of this section apply to Outfall ooi for whole effluent toxicity(WET)testing. Scope,Frequency.and Methodology a. The permittee shall test the effluent for toxicity in accordance with the provisions below.Such testing will determine if an appropriately dilute effluent sample adversely affects the survival,reproduction,or growth of the test organisms. b. The permittee shall conduct the following toxicity tests using the test organisms, procedures,and quality assurance requirements specified in this part of this permit and in accordance with"Short-Term Methods for Estimating the Chronic Toxicity of Effluents and Receiving Waters to Freshwater Organisms,"fourth edition(EPA-821-R-o2-oi3)or its most recent update: i) Chronic static renewal survival and reproduction test using the water flea (Ceriodaphnia dubia) (Method ioo2.o).This test should be terminated when 6o%of the surviving adults in the control produce three broods or at the end of eight days,whichever occurs first.This test shall be conducted once per quarter. 2) Chronic static renewal 7-day larval survival and growth test using the fathead minnow(Pimephales promelas)(Method ioo0.o).A minimum of five replicates with eight organisms per replicate shall be used in the control and in each dilution. This test shall be conducted once per quarter. The permittee must perform and report a valid test for each test species during the prescribed reporting period.An invalid test must be repeated during the same reporting period.An invalid test is defined as any test failing to satisfy the test acceptability criteria,procedures,and quality assurance requirements specified in the test methods and permit. c. The permittee shall use five effluent dilution concentrations and a control in each toxicity test.These effluent dilution concentrations are 27%,36%,48%,8o%,and 86%effluent. The critical dilution,defined as 86%effluent, is the effluent concentration representative of the proportion of effluent in the receiving water during critical low flow or critical mixing conditions. d. This permit may be amended to require a WET limit,a chemical-specific effluent limit, a best management practice,or other appropriate actions to address toxicity to the fathead minnow.The permittee may be required to conduct a toxicity reduction evaluation(TRE)after multiple toxic events. e. The sublethal No Observed Effect Concentration(NOEC)of not less than 8o% (see the EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS section)is effective at the permit issue date for the water flea. Page 53 City of Port Arthur TPDES Permit No.WQoo1o364o02 f. If a water flea test fails to pass the sublethal endpoint at the 80% effluent concentration, the testing frequency will increase to monthly until such time compliance with the NOEC effluent limitation is demonstrated for a period of three consecutive months, at which time the quarterly testing frequency may be resumed. g. Testing Frequency Reduction i) If none of the first four consecutive quarterly tests demonstrates significant toxicity,the permittee may submit this information in writing and,upon approval,reduce the testing frequency to once per six months for the invertebrate test species and once per year for the vertebrate test species. 2) If one or more of the first four consecutive quarterly tests demonstrates significant toxicity,the permittee shall continue quarterly testing for that species until this permit is reissued.If a testing frequency reduction had been previously granted and a subsequent test demonstrates significant toxicity, the permittee shall resume a quarterly testing frequency for that species until this permit is reissued. 2. Required Toxicity Testing Conditions a. Test Acceptance-The permittee shall repeat any toxicity test,including the control and all effluent dilutions,which fail to meet the following criteria: i) a control mean survival of 8o%or greater; 2) a control mean number of water flea neonates per surviving adult of 15 or greater; 3) a control mean dry weight of surviving fathead minnow larvae of o.25 mg or greater; 4) a control coefficient of variation percent(CV%)of 40 or less in between replicates for the young of surviving females in the water flea test; and the growth and survival endpoints in the fathead minnow test; 5) a critical dilution CV%of 40 or less for the young of surviving females in the water flea test; and the growth and survival endpoints for the fathead minnow test. However,if statistically significant lethal or nonlethal effects are exhibited at the critical dilution,a CV%greater than 4o shall not invalidate the test; 6) a percent minimum significant difference of 47 or less for water flea reproduction;and 7) a percent minimum significant difference of 30 or less for fathead minnow growth. b. Statistical Interpretation Page 54 City of Port Arthur TPDES Permit No.WQoo1o364002 i) For the water flea survival test,the statistical analyses used to determine if there is a significant difference between the control and an effluent dilution shall be the Fisher's exact test as described in the manual referenced in in Part i.b. 2) For the water flea reproduction test and the fathead minnow larval survival and growth tests,the statistical analyses used to determine if there is a significant difference between the control and an effluent dilution shall be in accordance with the manual referenced in Part i.b.. 3) The permittee is responsible for reviewing test concentration-response relationships to ensure that calculated test-results are interpreted and reported correctly.The document entitled"Method Guidance and Recommendation for Whole Effluent Toxicity(WET)Testing(4o CFR Part 136)"(EPA 821-B-oo-o04)provides guidance on determining the validity of test results. 4) If significant lethality is demonstrated(that is,there is a statistically significant difference in survival at the critical dilution when compared to the survival in the control),the conditions of test acceptability are met, and the survival of the test organisms are equal to or greater than 8o%in the critical dilution and all dilutions below that,then the permittee shall report a survival No Observed Effect Concentration(NOEC)of not less than the critical dilution for the reporting requirements. 5) The NOEC is defined as the greatest effluent dilution at which no significant effect is demonstrated.The Lowest Observed Effect Concentration(LOEC)is defined as the lowest effluent dilution at which a significant effect is demonstrated. A significant effect is defined as a statistically significant difference between the survival,reproduction,or growth of the test organism in a specified effluent dilution when compared to the survival,reproduction,or growth of the test organism in the control(0%effluent). 6) The use of NOECs and LOECs assumes either a monotonic(continuous) concentration-response relationship or a threshold model of the concentration-response relationship. For any test result that demonstrates a non-monotonic(non-continuous)response,the NOEC should be determined based on the guidance manual referenced in Item 3. 7) Pursuant to the responsibility assigned to the permittee in Part 2.b.3),test results that demonstrate a non-monotonic(non-continuous) concentration-response relationship may be submitted,prior to the due date,for technical review.The guidance manual referenced in Item 3 will be used when making a determination of test acceptability. 8) TCEQ staff will review test results for consistency with rules,procedures, and permit requirements. c. Dilution Water Page 55 City of Port Arthur TPDES Permit No.WQooio364o02 i) Dilution water used in the toxicity tests must be the receiving water collected as close to the point of discharge as possible but unaffected by the discharge. 2) Where the receiving water proves unsatisfactory as a result of pre-existing instream toxicity(i.e.fails to fulfill the test acceptance criteria of Part 2.a.),the permittee may substitute synthetic dilution water for the receiving water in all subsequent tests provided the unacceptable receiving water test met the following stipulations: a) a synthetic lab water control was performed(in addition to the receiving water control)which fulfilled the test acceptance requirements of Part 2.a; b) the test indicating receiving water toxicity was carried out to completion(i.e.,7 days); and c) the permittee submitted all test results indicating receiving water toxicity with the reports and information required in Part 3. 3) The synthetic dilution water shall consist of standard,moderately hard, reconstituted water. Upon approval,the permittee may substitute other appropriate dilution water with chemical and physical characteristics similar to that of the receiving water. d. Samples and Composites i) The permittee shall collect a minimum of three composite samples from Outfall o0i.The second and third composite samples will be used for the renewal of the dilution concentrations for each toxicity test. 2) The permittee shall collect the composite samples such that the samples are representative of any periodic episode of chlorination,biocide usage, or other potentially toxic substance being discharged on an intermittent basis. 3) The permittee shall initiate the toxicity tests within 36 hours after collection of the last portion of the first composite sample.The holding time for any subsequent composite sample shall not exceed 72 hours. Samples shall be maintained at a temperature of o-6 degrees Centigrade during collection,shipping,and storage. 4) If Outfall ooi ceases discharging during the collection of effluent samples, the requirements for the minimum number of effluent samples,the minimum number of effluent portions,and the sample holding time are waived during that sampling period. However,the permittee must have collected an effluent composite sample volume sufficient to complete the required toxicity tests with renewal of the effluent.When possible,the effluent samples used for the toxicity tests shall be collected on separate days if the discharge occurs over multiple days.The sample collection Page 56 City of Port Arthur TPDES Permit No.WQoo1o364002 duration and the static renewal protocol associated with the abbreviated sample collection must be documented in the full report. 5) The effluent samples shall not be dechlorinated after sample collection. 3. Reporting All reports,tables,plans,summaries,and related correspondence required in this section shall be submitted to the attention of the Standards Implementation Team(MC 15o)of the Water Quality Division. a. The permittee shall prepare a full report of the results of all tests conducted in accordance with the manual referenced in Part i.b.for every valid and invalid toxicity test initiated whether carried to completion or not. b. The permittee shall routinely report the results of each biomonitoring test on the Table 1 forms provided with this permit. 1) Annual biomonitoring test results are due on or before January loth for biomonitoring conducted during the previous 12-month period. 2) Semiannual biomonitoring test results are due on or before July loth and January 2oth for biomonitoring conducted during the previous 6-month period. 3) Quarterly biomonitoring test results are due on or before April loth,July loth,October loth,and January loth for biomonitoring conducted during the previous calendar quarter. 4) Monthly biomonitoring test results are due on or before the loth day of the month following sampling. c. Enter the following codes for the appropriate parameters for valid tests only: 1) For the water flea,Parameter TLP3B,enter a"1"if the NOEC for survival is less than the critical dilution; otherwise, enter a"0." 2) For the water flea,Parameter TOP3B,report the NOEC for survival. 3) For the water flea,Parameter TXP3B,report the LOEC for survival. 4) For the water flea,Parameter TWP3B,enter a"1"if the NOEC for reproduction is less than the critical dilution; otherwise,enter a"o." 5) For the water flea,Parameter TPP3B,report the NOEC for reproduction. 6) For the water flea,Parameter TPP3B,report the LOEC for reproduction. 7) For the fathead minnow,Parameter TLP6C,enter a"1"if the NOEC for survival is less than the critical dilution; otherwise,enter a"o." Page 57 City of Port Arthur TPDES Permit No.WQooio364o02 8) For the fathead minnow,Parameter TOP6C,report the NOEC for survival. 9) For the fathead minnow,Parameter TXP6C,report the LOEC for survival. to) For the fathead minnow,Parameter TWP6C,enter a"1"if the NOEC for growth is less than the critical dilution;otherwise,enter a"o." it) For the fathead minnow,Parameter TPP6C,report the NOEC for growth. 12) For the fathead minnow,Parameter TYP6C, report the LOEC for growth. d. Enter the following codes for fathead minnow retests only: i) For retest number 1, Parameter 22415,enter a"1"if the NOEC for survival is less than the critical dilution;otherwise,enter a"o." 2) For retest number 2, Parameter 22416,enter a"1"if the NOEC for survival is less than the critical dilution;otherwise,enter a"o." e. The permittee shall report the sublethal WET values for the 3o-day average and the 7-day minimum under Parameter No. 51710 for the appropriate reporting period for the water flea. If more than one valid test was performed during the reporting period, the NOECs will be averaged arithmetically and reported as the 3o-day average. The 7-day minimum value submitted should reflect the lowest results during the reporting period. 4. Toxicity Reduction Evaluation a. Within 45 days of the requirements of Part.i.g.being met,the permittee shall submit a general outline for initiating a TRE.The outline shall include,but not be limited to,a description of project personnel, a schedule for obtaining consultants(if needed),a discussion of influent and effluent data available for review,a sampling and analytical schedule,and a proposed TRE initiation date. b. Within go days of the requirements of Part i.g.being met,the permittee shall submit a TRE action plan and schedule for conducting a TRE.The plan shall specify the approach and methodology to be used in performing the TRE.A TRE is a step-wise investigation combining toxicity testing with physical and chemical analyses to determine actions necessary to eliminate or reduce effluent toxicity to a level not effecting significant lethality at the critical dilution.The TRE action plan shall describe an approach for the reduction or elimination of lethality for both test species defined in Part 1.b.At a minimum,the TRE action plan shall include the following: 1) Specific Activities-The TRE action plan shall specify the approach the permittee intends to utilize in conducting the TRE, including toxicity characterizations,identifications,confirmations,source evaluations, treatability studies, and alternative approaches.When conducting characterization analyses,the permittee shall perform multiple characterizations and follow the procedures specified in the document entitled"Toxicity Identification Evaluation: Characterization of Page 58 City of Port Arthur TPDES Permit No.WQooio364o02 Chronically Toxic Effluents,Phase I"(EPA/600/6-91/oo5F)or alternate procedures.The permittee shall perform multiple identifications and follow the methods specified in the documents entitled"Methods for Aquatic Toxicity Identification Evaluations, Phase II Toxicity Identification Procedures for Samples Exhibiting Acute and Chronic Toxicity"(EPA/600/R-92/080)and"Methods for Aquatic Toxicity Identification Evaluations: Phase III Toxicity Confirmation Procedures for Samples Exhibiting Acute and Chronic Toxicity"(EPA/600/R- 92/o8i).All characterization,identification,and confirmation tests shall be conducted in an orderly and logical progression; 2) Sampling Plan-The TRE action plan should describe sampling locations, methods,holding times,chain of custody,and preservation techniques. The effluent sample volume collected for all tests shall be adequate to perform the toxicity characterization/identification/confirmation procedures,and chemical-specific analyses when the toxicity tests show significant lethality.Where the permittee has identified or suspects a specific pollutant and source of effluent toxicity,the permittee shall conduct,concurrent with toxicity testing,chemical-specific analyses for the identified and suspected pollutant and source of effluent toxicity; 3) Quality Assurance Plan-The TRE action plan should address record keeping and data evaluation,calibration and standardization,baseline tests,system blanks,controls,duplicates,spikes,toxicity persistence in the samples,randomization,reference toxicant control charts,and mechanisms to detect artifactual toxicity;and 4) Project Organization-The TRE action plan should describe the project staff,project manager,consulting engineering services (where applicable), consulting analytical and toxicological services,etc. c. Within 3o days of submittal of the TRE action plan and schedule,the permittee shall implement the TRE. d. The permittee shall submit quarterly THE activities reports concerning the progress of the TRE.The quarterly reports are due on or before April loth,July loth,October loth,and January loth.The report shall detail information regarding the TRE activities including: i) results and interpretation of any chemical-specific analyses for the identified and suspected pollutant performed during the quarter; 2) results and interpretation of any characterization,identification,and confirmation tests performed during the quarter; 3) any data and substantiating documentation which identifies the pollutant(s)and source of effluent toxicity; 4) results of any studies/evaluations concerning the treatability of the facility's effluent toxicity; Page 59 City of Port Arthur TPDES Permit No.WQooro364002 5) any data that identifies effluent toxicity control mechanisms that will reduce effluent toxicity to the level necessary to meet no significant lethality at the critical dilution;and 6) any changes to the initial TRE plan and schedule that are believed necessary as a result of the TRE findings. Copies of the TRE activities report shall also be submitted to the U.S.EPA Region 6 office. e. During the TRE,the permittee shall perform,at a minimum,quarterly testing using the more sensitive species.Testing for the less sensitive species shall continue at the frequency specified in Part 1.b. f. If the effluent ceases to effect significant lethality,i.e.,there is a cessation of lethality,the permittee may end the TRE.A cessation of lethality is defined as no significant lethality for a period of 12 consecutive months with at least monthly testing.At the end of the 12 months,the permittee shall submit a statement of intent to cease the TRE and may then resume the testing frequency specified in Part 1.b. This provision accommodates situations where operational errors and upsets, spills,or sampling errors triggered the TRE,in contrast to a situation where a single toxicant or group of toxicants cause lethality.This provision does not apply as a result of corrective actions taken by the permittee.Corrective actions are defined as proactive efforts that eliminate or reduce effluent toxicity.These include,but are not limited to,source reduction or elimination,improved housekeeping,changes in chemical usage,and modifications of influent streams and effluent treatment. The permittee may only apply this cessation of lethality provision once. If the effluent again demonstrates significant lethality to the same species,the permit will be amended to add a WET limit with a compliance period,if appropriate. However,prior to the effective date of the WET limit,the permittee may apply for a permit amendment removing and replacing the WET limit with an alternate toxicity control measure by identifying and confirming the toxicant and an appropriate control measure. g. The permittee shall complete the TRE and submit a final report on the TRE activities no later than 28 months from the last test day of the retest that confirmed significant lethal effects at the critical dilution.The permittee may petition the Executive Director(in writing)for an extension of the 28-month limit. However,to warrant an extension the permittee must have demonstrated due diligence in its pursuit of the toxicity identification evaluation/TRE and must prove that circumstances beyond its control stalled the toxicity identification evaluation/TRE.The report shall provide information pertaining to the specific control mechanism selected that will,when implemented,result in the reduction of effluent toxicity to no significant lethality at the critical dilution.The report shall also provide a specific corrective action schedule for implementing the selected control mechanism. A copy of the TRE final report shall also be submitted to the U.S. EPA Region 6 office. Page 6o City of Port Arthur TPDES Permit No.WQoo1o364o02 h. Based on the results of the THE and proposed corrective actions,this permit may be amended to modify the biomonitoring requirements,where necessary,require a compliance schedule for implementation of corrective actions,specify a WET limit,specify a best management practice,and specify a chemical-specific limit. Page 61 City of Port Arthur TPDES Permit No. WQooio364002 TABLE]. (SHEET i OF 4) BIOMONITORING REPORTING CERIODAPHNIA DUBIA SURVIVAL AND REPRODUCTION Date Time Date Time Dates and Times No. i FROM: TO: Composites Collected No. 2 FROM: TO: No.3 FROM: TO: Test initiated: am/pm date Dilution water used: Receiving water Synthetic Dilution water NUMBER OF YOUNG PRODUCED PER ADULT AT END OF TEST Percent effluent REP a% 27% 36% 48% 80% 86% A C D E F G H I � J Survival _Mean Total Mean CV%* PMSD *Coefficient of Variation =standard deviation x ioo/mean(calculation based on young of the surviving adults) Designate males(M),and dead females(D), along with number of neonates(x)released prior to death. Page 62 City of Port Arthur TPDES Permit No.WQoo1o364002 TABLE 1 (SHEET 2 OF 4) CERIODAPHNIA DUBIA SURVIVAL AND REPRODUCTION TEST 1. Dunnett's Procedure or Steel's Many-One Rank Test or Wilcoxon Rank Sum Test(with Bonferroni adjustment)or t-test(with Bonferroni adjustment) as appropriate: Is the mean number of young produced per adult significantly less than the number of young per adult in the control for the%effluent corresponding to significant nonlethal effects? CRITICAL DILUTION (86%): YES NO PERCENT SURVIVAL Percent effluent Time of Reading o% 27%-1 36% 48% 80% 86% 24h 48h End of Test 2. Fisher's Exact Test: Is the mean survival at test end significantly less than the control survival for the% effluent corresponding to lethality? CRITICAL DILUTION (86%): YES NO 3. Enter percent effluent corresponding to each NOEC\LOEC below: a.) NOEC survival= %effluent b.) LOEC survival= %effluent c.)NOEC reproduction= %effluent d.) LOEC reproduction = %effluent Page 63 City of Port Arthur TPDES Permit No.WQoo1o364002 TABLE 1 (SHEET 3 OF 4) BIOMONITORING REPORTING FATHEAD MINNOW LARVAE GROWTH AND SURVIVAL Date Time Date Time Dates and Times No. FROM: TO: Composites Collected No. 2 FROM: TO: No.3 FROM: TO: Test initiated: am/pm date Dilution water used: Receiving water Synthetic dilution water FATHEAD MINNOW GROWTH DATA Average Dry Weight in replicate chambers Mean Effluent Dry CV%* Concentration A B C D E 1 Weight o% F 1 l 4 27% 36% 48% 8o% 86% PMSD f I *Coefficient of Variation=standard deviation x 1oo/mean 1. Dunnett's Procedure or Steel's Many-One Rank Test or Wilcoxon Rank Sum Test(with Bonferroni adjustment)or t-test(with Bonferroni adjustment)as appropriate: Is the mean dry weight(growth)at 7 days significantly less than the control's dry weight (growth)for the%effluent corresponding to significant nonlethal effects? CRITICAL DILUTION (86%): YES NO Page 64 • City of Port Arthur TPDES Permit No.WQooio364o02 TABLE i (SHEET 4 OF 4) BIOMONITORING REPORTING FATHEAD MINNOW GROWTH AND SURVIVAL TEST FATHEAD MINNOW SURVIVAL DATA Effluent Percent Survival in replicate chambers Mean percent survival Concentration %* A B C i D E 24h 48h 17 day o% 27% 36% 48% LL 8o% 86% j *Coefficient of Variation =standard deviation x ioo/mean 2. Dunnett's Procedure or Steel's Many-One Rank Test or Wilcoxon Rank Sum Test (with Bonferroni adjustment) or t-test(with Bonferroni adjustment)as appropriate: Is the mean survival at 7 days significantly less than the control survival for the% effluent corresponding to lethality? CRITICAL DILUTION (86%): YES NO 3. Enter percent effluent corresponding to each NOEC\LOEC below: a.)NOEC survival = %effluent b.) LOEC survival = %effluent c.)NOEC growth = %effluent d.) LOEC growth = %effluent Page 65 City of Port Arthur TPDES Permit No.WQooio364o02 24-HOUR ACUTE BIOMONITORING REQUIREMENTS: FRESHWATER The provisions of this section apply to Outfall ooi for whole effluent toxicity(WET)testing. 1. Scope.Frequency,and Methodology a. The permittee shall test the effluent for lethality in accordance with the provisions in this section.Such testing will determine compliance with Texas Surface Water Quality Standard 3o TAC§307.6(e)(2)(B),which requires greater than 50%survival of the appropriate test organisms in i00%effluent for a 24- hour period. b. The toxicity tests specified shall be conducted once per six months.The permittee shall conduct the following toxicity tests using the test organisms,procedures, and quality assurance requirements specified in this section of the permit and in accordance with"Methods for Measuring the Acute Toxicity of Effluents and Receiving Waters to Freshwater and Marine Organisms,"fifth edition(EPA-82i- R-02-012)or its most recent update: i) Acute 24-hour static toxicity test using the water flea(Daphnia pulex or Ceriodaphnia dubia).A minimum of five replicates with eight organisms per replicate shall be used in the control and each dilution. 2) Acute 24-hour static toxicity test using the fathead minnow(Pimephales promelas).A minimum of five replicates with eight organisms per replicate shall be used in the control and each dilution. A valid test result must be submitted for each reporting period.The permittee must report,and then repeat, an invalid test during the same reporting period. The repeat test shall include the control and the i00% effluent dilution and use the appropriate number of organisms and replicates, as specified above.An invalid test is defined as any test failing to satisfy the test acceptability criteria, procedures,and quality assurance requirements specified in the test methods and permit. c. In addition to an appropriate control,a 100%effluent concentration shall be used in the toxicity tests. The control and dilution water shall consist of standard, synthetic,moderately hard,reconstituted water. d. This permit may be amended to require a WET limit,a Best Management Practice(BMP),Chemical-Specific(CS) limits,or other appropriate actions to address toxicity.The permittee may be required to conduct a Toxicity Reduction Evaluation after multiple toxic events. 2. Required Toxicity Testing Conditions a. Test Acceptance-The permittee shall repeat any toxicity test,including the control,if the control fails to meet a mean survival equal to or greater than 90%. b. Dilution Water-In accordance with item i.c.,the control and dilution water shall consist of standard,synthetic,moderately hard,reconstituted water. Page 66 City of Port Arthur TPDES Permit No.WQooio364o02 c. Samples and Composites i) The permittee shall collect one composite sample from Outfall ooi. 2) The permittee shall collect the composite sample such that the sample is representative of any periodic episode of chlorination,biocide usage,or other potentially toxic substance being discharged. 3) The permittee shall initiate the toxicity tests within 36 hours after collection of the last portion of the composite sample.The sample shall be maintained at a temperature of o-6 degrees Centigrade during collection, shipping,and storage. 4) If Outfall ooi ceases discharging during the collection of the effluent composite sample,the requirements for the minimum number of effluent portions are waived. However,the permittee must have collected a composite sample volume sufficient for completion of the required test. The abbreviated sample collection,duration,and methodology must be documented in the full report. 5) The effluent sample shall not be dechlorinated after sample collection. 3. Reporting All reports,tables,plans,summaries,and related correspondence required in this section shall be submitted to the attention of the Standards Implementation Team(MC 1.5o)of the Water Quality Division. a. The permittee shall prepare a full report of the results of all tests conducted in accordance with the manual referenced in Part i.b.for every valid and invalid toxicity test initiated. b. The permittee shall routinely report the results of each biomonitoring test on the Table 2 forms provided with this permit. i) Semiannual biomonitoring test results are due on or before July loth and January loth for biomonitoring conducted during the previous 6-month period. 2) Quarterly biomonitoring test results are due on or before April loth,July loth,and October loth,and January 20th for biomonitoring conducted during the previous calendar quarter. c. Enter the following codes for the appropriate parameters for valid tests only: i) For the water flea,Parameter TIE3D,enter a"o"if the mean survival at 24 hours is greater than 50%in the i00%effluent dilution; if the mean survival is less than or equal to 50%,enter a"i." 2) For the fathead minnow,Parameter TIE6C,enter a"o"if the mean Page 67 City of Port Arthur TPDES Permit No.WQoo1o364002 survival at 24 hours is greater than 5o%in the 100%effluent dilution;if the mean survival is less than or equal to 5o%,enter a"1." d. Enter the following codes for retests only: 1) For retest number 1, Parameter 22415,enter a"0"if the mean survival at 24 hours is greater than 50%in the i00%effluent dilution; if the mean survival is less than or equal to 50%,enter a"1." 2) For retest number 2,Parameter 22416,enter a"o"if the mean survival at 24 hours is greater than 5o%in the l00%effluent dilution;if the mean survival is less than or equal to 5o%,enter a"1." 4. Persistent Mortality The requirements of this part apply when a toxicity test demonstrates significant lethality,which is defined as a mean mortality of 50%or greater of organisms exposed to the l00%effluent concentration for 24 hours. a. The permittee shall conduct 2 additional tests(retests)for each species that demonstrates significant lethality.The two retests shall be conducted once per week for 2 weeks. Five effluent dilution concentrations in addition to an appropriate control shall be used in the retests.These effluent concentrations are 6%, 13%, 25%, 5o%and 100%effluent.The first retest shall be conducted within 15 days of the laboratory determination of significant lethality.All test results shall be submitted within 20 days of test completion of the second retest.Test completion is defined as the 24th hour. b. If one or both of the two retests specified in Part 4.a.demonstrates significant lethality,the permittee shall initiate the TRE requirements as specified in Part 5. 5. Toxicity Reduction Evaluation a. Within 45 days of the retest that demonstrates significant lethality,the permittee shall submit a general outline for initiating a TRE.The outline shall include,but not be limited to,a description of project personnel,a schedule for obtaining consultants(if needed),a discussion of influent and effluent data available for review,a sampling and analytical schedule,and a proposed TRE initiation date. b. Within 90 days of the retest that demonstrates significant lethality,the permittee shall submit a TRE action plan and schedule for conducting a TRE.The plan shall specify the approach and methodology to be used in performing the TRE.A TRE is a step-wise investigation combining toxicity testing with physical and chemical analyses to determine actions necessary to eliminate or reduce effluent toxicity to a level not effecting significant lethality at the critical dilution.The TRE action plan shall lead to the successful elimination of significant lethality for both test species defined in Part l.b.At a minimum,the TRE action plan shall include the following: 1) Specific Activities-The THE action plan shall specify the approach the permittee intends to utilize in conducting the TRE, including toxicity Page 68 City of Port Arthur TPDES Permit No.WQoo1o364002 characterizations,identifications,confirmations,source evaluations, treatability studies,and alternative approaches.When conducting characterization analyses,the permittee shall perform multiple characterizations and follow the procedures specified in the document entitled"Methods for Aquatic Toxicity Identification Evaluations: Phase I Toxicity Characterization Procedures"(EPA/600/6-91/003)or alternate procedures.The permittee shall perform multiple identifications and follow the methods specified in the documents entitled"Methods for Aquatic Toxicity Identification Evaluations: Phase II Toxicity Identification Procedures for Samples Exhibiting Acute and Chronic Toxicity"(EPA/600/R-92/080)and"Methods for Aquatic Toxicity Identification Evaluations:Phase III Toxicity Confirmation Procedures for Samples Exhibiting Acute and Chronic Toxicity"(EPA/600/R- 92/081).All characterization,identification,and confirmation tests shall be conducted in an orderly and logical progression; 2) Sampling Plan-The TRE action plan should describe sampling locations, methods,holding times,chain of custody,and preservation techniques. The effluent sample volume collected for all tests shall be adequate to perform the toxicity characterization/identification/confirmation procedures and chemical-specific analyses when the toxicity tests show significant lethality.Where the permittee has identified or suspects specific pollutant and source of effluent toxicity,the permittee shall conduct,concurrent with toxicity testing,chemical-specific analyses for the identified and suspected pollutant and source of effluent toxicity; 3) Quality Assurance Plan-The TRE action plan should address record keeping and data evaluation, calibration and standardization,baseline tests,system blanks,controls,duplicates,spikes,toxicity persistence in the samples,randomization,reference toxicant control charts,and mechanisms to detect artifactual toxicity;and 4) Project Organization-The TRE Action Plan should describe the project staff,project manager,consulting engineering services(where applicable), consulting analytical and toxicological services,etc. c. Within 30 days of submittal of the TRE action plan and schedule,the permittee shall implement the TRE. d. The permittee shall submit quarterly TRE activities reports concerning the progress of the TRE.The quarterly TRE activities reports are due on or before April loth,July 20th,October loth,and January loth.The report shall detail information regarding the TRE activities including: 1) results and interpretation of any chemical-specific analyses for the identified and suspected pollutant performed during the quarter; 2) results and interpretation of any characterization,identification,and confirmation tests performed during the quarter; 3) any data and substantiating documentation that identifies the pollutant Page 69 City of Port Arthur TPDES Permit No.WQooio364002 and source of effluent toxicity; 4) results of any studies/evaluations concerning the treatability of the facility's effluent toxicity; 5) any data that identifies effluent toxicity control mechanisms that will reduce effluent toxicity to the level necessary to eliminate significant lethality;and 6) any changes to the initial TRE plan and schedule that are believed necessary as a result of the TRE findings. Copies of the TRE activities report shall also be submitted to the U.S.EPA Region 6 office. e. During the TRE,the permittee shall perform,at a minimum,quarterly testing using the more sensitive species.Testing for the less sensitive species shall continue at the frequency specified in Part i.b. f. If the effluent ceases to effect significant lethality,i.e.,there is a cessation of lethality,the permittee may end the TRE.A cessation of lethality is defined as no significant lethality for a period of 12 consecutive weeks with at least weekly testing.At the end of the 12 weeks,the permittee shall submit a statement of intent to cease the TRE and may then resume the testing frequency specified in Part i.b. This provision accommodates situations where operational errors and upsets, spills,or sampling errors triggered the TRE,in contrast to a situation where a single toxicant or group of toxicants cause lethality.This provision does not apply as a result of corrective actions taken by the permittee.Corrective actions are defined as proactive efforts that eliminate or reduce effluent toxicity.These include,but are not limited to,source reduction or elimination,improved housekeeping,changes in chemical usage,and modifications of influent streams and effluent treatment. The permittee may only apply this cessation of lethality provision once.If the effluent again demonstrates significant lethality to the same species,the permit will be amended to add a WET limit with a compliance period,if appropriate. However,prior to the effective date of the WET limit,the permittee may apply for a permit amendment removing and replacing the WET limit with an alternate toxicity control measure by identifying and confirming the toxicant and an appropriate control measure. g. The permittee shall complete the TRE and submit a final report on the TRE activities no later than 18 months from the last test day of the retest that demonstrates significant lethality.The permittee may petition the Executive Director(in writing)for an extension of the 18-month limit. However,to warrant an extension the permittee must have demonstrated due diligence in its pursuit of the toxicity identification evaluation/TRE and must prove that circumstances beyond its control stalled the toxicity identification evaluation/TRE.The report shall specify the control mechanism that will,when implemented,reduce effluent Page 7o City of Port Arthur TPDES Permit No.WQoo1o364002 toxicity as specified in Part 5.h.The report shall also specify a corrective action schedule for implementing the selected control mechanism.A copy of the TRE final report shall also be submitted to the U.S. EPA Region 6 office. h. Within 3 years of the last day of the test confirming toxicity,the permittee shall comply with 3o TAC§307.6(e)(2)(B),which requires greater than 5o%survival of the test organism in 100%effluent at the end of 24-hours.The permittee may petition the Executive Director(in writing)for an extension of the 3-year limit. However,to warrant an extension the permittee must have demonstrated due diligence in its pursuit of the toxicity identification evaluation/TRE and must prove that circumstances beyond its control stalled the toxicity identification evaluation/TRE. The permittee may be exempted from complying with 3o TAC§3o7.6(e)(2)(B) upon proving that toxicity is caused by an excess,imbalance,or deficiency of dissolved salts. This exemption excludes instances where individually toxic components(e.g.,metals)form a salt compound.Following the exemption,this permit may be amended to include an ion-adjustment protocol,alternate species testing,or single species testing. Based upon the results of the TRE and proposed corrective actions,this permit may be amended to modify the biomonitoring requirements where necessary, require a compliance schedule for implementation of corrective actions,specify a WET limit,specify a best management practice,and specify a chemical-specific limit. Page 71 City of Port Arthur TPDES Permit No.WQooio364o02 TABLE 2 (SHEET i OF 2) WATER FLEA SURVIVAL GENERAL INFORMATION Time Date Composite Sample Collected Test Initiated PERCENT SURVIVAL Percent effluent Time Rep o% 6% 13% 25% 50% i00% A B 24h E � MEAN Enter percent effluent corresponding to the LC5o below: 24 hour LC5o= %effluent Page 72 City of Port Arthur TPDES Permit No.WQooio364002 TABLE 2(SHEET 2 OF 2) FATHEAD MINNOW SURVIVAL GENERAL INFORMATION Time Date Composite Sample Collected Test Initiated PERCENT SURVIVAL Percent effluent Time Rep o% 6% 13% 25% 5o% i00% A B _ C 24h D MEAN Enter percent effluent corresponding to the LC5o below: 24 hour LC5o = %effluent Page 73