SC Administrative Law Court Decisions

Pursuant to an agreement reached by the parties, it is hereby ordered that this matter is dismissed with prejudice. As a part of this dismissal, Michelin North America, Inc./Sandy Springs plant NPDES Permit # SC0026701 dated September 30, 1996 shall be amended as follows: Replace page 4 of 23 with Exhibit 1; Replace page 6 of 23 with Exhibit 2; and Replace page 19 of 23 with Exhibit 3.

IT IS SO ORDERED.

_______________________________________

STEPHEN P. BATES

ADMINISTRATIVE LAW JUDGE

February 11, 1997

Columbia, South Carolina

WE CONSENT:

__________________________________

Eugene C. McCall, Jr., Esquire

Leatherwood Walker Todd & Mann, P.C.

Attorneys for Petitioner,

Michelin North America, Inc.

____________________________________

Elizabeth F. Potter, Esquire

South Carolina Department of

Health and Environmental Control

EXHIBIT 1

Part I

Page 4 of 23

Permit No. SC0026701

A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS

3. During the period beginning on (See Schedule of Compliance and Part III.A.8), the permittee is authorized to discharge from outfall(s) serial number(s) 001: Process. sanitary (including laundry), utility, and stormwater effluent.

a. Such discharge shall be limited and monitored by the permittee as specified below:

*Composite samples shall be collected in accordance with Part I., Paragraph 8.J., Item 1,2, or 3.

(1) See Part III.A.8.a.b.c.d and Schedule of Compliance

EXHIBIT 2

Part III

Page 19 of 23

Permit No. SC0026701

shall be developed in accordance with good engineering practices, shall be documented in narrative form, and shall include any necessary plot plans, drawings, or maps. The BMP Plan shall be maintained at the plant site and shall be available for inspection by EPA and SCDHEC personnel.

6. The permittee shall monitor all effluent parameters consistent with conditions established by this permit on the 2nd Wednesday of each monitoring period, unless otherwise approved by this Department. Additional monitoring, as necessary to meet the frequency requirements of this permit (Part I.A Effluent Limitations and Monitoring Requirements) shall be performed by the permittee.

7. The permittee may elect to install a diffuser at the effluent outfall during the life of the permit. If the diffuser is properly installed under coverage of a construction permit and the permit to operate has been issued for the project, the permit requirements for static acute toxicity testing on pages 3 and 4 would expire and chronic toxicity testing on page 5 would become effective. A request for the new DMR form should be made after construction of the diffuser is complete.

8. For Acute Testing:

a. Serial dilution acute toxicity tests shall be conducted using test concentrations of 0% (control), 10%, 100%, and at least 2 additional interval concentrations between 10 and 100%. The tests shall be conducted using Ceriodaphnia dubia as the test organism and in accordance with the most recent Methods for Measuring the Acute Toxicity of Effluents and Receiving Waters to Freshwater and Marine Organisms. 4th ed. (EPA/600/4-90/027F). The raw data and results shall be submitted in accordance with Part I.C.3 of this permit for each test. The test must be performed by a SCDHEC certified laboratory.

b. (Standard condition, not applicable at this time)

c. (Standard condition, not applicable at this time)

d. This permit may be approximately modified upon publication of a revised Bureau of Water procedure for determination of acute toxicity limits.

9. For Chronic testing:

a. On a monthly basis, a three-brood chronic toxicity test shall be conducted using a control and the instream waste concentration (IWC) of 2.59%. The test shall be conducted using a Ceriodaphnia dubia as the

EXHIBIT 3

Part I

Page 6 of 23

Permit No. SC0026701

B. SCHEDULE OF COMPLIANCE

1. The permittee shall achieve compliance with the effluent limitations specified for discharges in accordance with the following schedules:

a. Final toxicity limits must be met with in 3 years from the effective date of the permit, or 2 years after establishment of a limit by modification of the permit, whichever is longer. (See Part III.A.8.d)

2. No later than 14 calendar days following a date identified in the above schedule of compliance, the permittee shall submit either a report of progress or, in the case of specific actions being required by identified dates, a written notice of compliance or noncompliance. In the latter case, the notice shall include the cause of noncompliance, any remedial actions taken, and the probability of meeting the next scheduled requirement.