barrows and fisher oil company, vt0000311, draft permit

~VERMONT Vermont Deparbnent ofEnvironmental Conservation Watershed Management Division i National Life Drive, Main-2 Montpelier Vf 05620-3522

Agency of Natural Resources

[phone] 802-490-6181 [fax] 802-828-1544

November 12, 2015

Michael Fifield Barrows and Fisher Oil Company P.O. Box496 Brattleboro, VT 05302

RE: Draft Discharge Permit No. 3-1223: Storage Facility Discharge

Dear Mr. Fifield,

The Department is proposing to issue the above referenced permit for the discharge oftreated wastewater from your petroleum storage facility to the Connecticut River.

A draft of this permit is enclosed for your review and comment. Please review the draft permit carefully. The permit is based on state and federal requirements and the effluent limitations and sampling requirements are unchanged from the permit which currently authorizes this discharge.

To expedite issuance of this permit, as required by state and federal regulations, we are placing a draft permit on public notice for comment at this time. The notice period will run from November 16, 2015 through December 16, 2015.

After any comments received during the notice period have been addressed, the permit will be sent to the Secretary of the Agency ofNatural Resources or her designated representative for final approval and signature.

Ifyou have any questions regarding the draft permit, please contact Randy Bean at 802 490-6181.

Attachments

1o preserve, enhanc:e, restore, and conserve Vermont's natural resources, and protect humcm health,for the benefit ofthis andfuture generations.

AGENCY OF NATURAL RESOURCES DEPARTMENT OF ENVIRONMENTAL CONSERVATION

WATERSH ED MANAGEMENT DfVISION ONE NATIONAL LIFE DRIVE, MATN BU ILDING, 211d FLOOR

MONTPELIER VT 05620-3522

Penni t No.: 3-1 223 PIN: NS89-0002

NPDES No.: VT00003 I1

. . . . DISCHARGE PERMIT ~·· Tn compliance with the prov1s1ons of the Vermont Water Pollutton Co,n!?·ol~;, as amended, (10 V.S.A. chapter 47), the Vermont Water Pollution Control Permit Regulatio1~s am~Jl~ and the federal Clean Water Act, as amended (33 U.S.C. § 1251 et. seq), ..;.'&,., '\ ~~<!!<•

./.. :0"97.~ ·.;~~--Barrows and Fisher Gtf Compc~~1y w,·:··4~l<

·'·).... " ..~h P.O. B~{~96-o._ \,.:: ·yf::·

Brattleboro, vrl~f~ ·~'.. :1

(l~ereinafter referred .t~ as the "Pennittee") is a~~ori zed , by the Se~ ·y, Agency ofNatural Resources, to discharge from a faci lity located at: \)~~-~-:- (~..

\~/ . ... .;..'1if Bt:.jdge"'St!~'et-~. ~

BrattIe15>0ro Vefnfcfnt . . Ji"' ~-::i ' & • "'¢·:Yfz? \\ .t: -~~ .

to the Connecticut River, Clas , ,. int of disch~i{~ in accord~nce with effluent limitations, monitoring requirements, and other CO!J . ons set ·@F:f. in Parts I, Jr~.. lr hereof.

~~ w~~' >

This permit shall become ..efl~~;;~ . fl J~~fAP.¥-.J. , 20 16. iJ' I. • ,.PF~_....~~~.,.· ....,":· . 4'

..::::sm~~... -:··. .""""'·~ . '" This permit and:<.tl~1tt1flf~za~on to <lf _.' · ge shall expi re on December 31, 2020.

~. ' · --~~ Alyssa B. S~liure· , Commission:{~ ·~ Department of Envjt ~=ental Con, ation

;tf~.Y-~::- ,..

By Ernest P. Kelley, M .. :~:~, Wastewater Management Program Watershed Management Division

Date:

Pennit No.: 3-1223 Page 2

I. SPECIAL CONDIT IONS

A. EFFLUENT LIMITATIONS AND MONITORI NG REQUIREMENTS

1. from January 1, 2016 through December 31, 2020, the Permittee is authorized to discharge from outfall serial number SIN 001: treated petroleum storage yard runoff. Such discharges shall be limited and monitored by the Permittee as specified below:

Discharge Limitations

Effluent Monthly Daily

MonitQr:ihg RequirementsA %.

Sample Characteristic

Flow

Oil & Grease

Total Petroleum

Average Maximum

As Necessary

Type

None

Hydrocarbons

Benzene

pH

Monitor only 1-:-~

ti6 'to 8.5 SU Grab

Samples taken in compliance with~tbe· niQ.wt~£ng requirerif#'"specified above shall be taken from the sampling port on pump~charf--~n,g after~passing through the oil-water separator . Samples. '.ha ll be collect~h~~J;i it of the discharge event.

2. Special Condi 1 ns: '\:.... Aa"~ .~,ff··:·:< ~~

a. All runoff wi~W@a~ diket ·~yea of the tan~7: ·. fage yard shall be collected and discharged ~ ·I h i ·1 ·~ · ·~ ,..t mrng tie 01 -wat~5;(· ar ·.!lW· · ~tjj ~-- .. "'' rt~·· .

b. -~~ d~~in-~ the m ... ·1ter separator shall be kept closed under nonnal conditions. The $\,aive shall be·cr-~ only ~g,., r~vent the oil-water separator from becoming inundated and

~ '2,Q.\i after a visual in.~ectio1~J fhe diked area indicates that the discharge of water will not \r.~l~t~. the Vern~onT~atcr Qt1ality S tanda~·ds or r~sult in a ha1:mful discharge (as defined in 40 Cffi:· ~t 110). f he .. ~Ive shall be closed 1mmed1ately followmg such an event.

::I'*' -'/

c. The oil-v .. t~ seQari tor shall be operated as efficientl y as possible. The oil-water separator shall be in¥'."t least monthly and cleaned at least quarterly and following any spills.

cl. Annually, as an attachment lo the January Discharge Monitoring Report, the petrnittee shall provide a detailed summary of the inspection and maintenance activities performed during the previous year, including the disposal of any residuals removed from the separator. The names of any firms contracted for cleaning or disposal shall also be provided.

e. The permittee shall conduct operations in storage yard in such a manner to minimize the release and discharge of petroleum products.

n.

c.

o.

Pennit No.: 3-1223 Page 3

f. The effluent shall not have concentrations or combinations ofcontaminants including grease, scum, foam, or floating sol ids which wou ld cause a violation of the Water Quality Standards in the receiving water.

g. The discharge shall not cause a visible discoloration of the receiv ing waters.

h. The di scharge shall not cause a violation of Water Quality Standard in the receiving waters

REAPPLICATION

irthc pcrmittcc desires to continue to discharge after the expirat~ofthis permit, he shall apply on the application forms then in use at least 180 days before thewefi:tvt,cxpires.

Reapply for a Discharge Permit by June 30, 2020./~~ ., ,~ OPERATING FEES . ., '·

This discharge is subject to operating fees as requirca;b"'~),¢., .§.!822. j~ MONITORING AND REPORTING\. ''~

~~~~~.. ~~~ l. Sampling and Analysis ·. =·;:;~J.fp·:;.-~ ~~f:f:Y'

The sampling, preservation, hand I in:') a:1~ ~~~#~~J2oKused shall conform to the test

Procedures published-in the 40 C.F.R. ~ardJ6. ·aJ;;,:?·'.4_ ... )·

The permittee s~all use ~~~cie~tly sensiti~e test procedures <!·e.. .methods) approved under the Code of fedcr~.Rcgulat1~s, Title 40, Par 136 for the analysis of the pollutants or pollutant parameters spec1'f\~,·n ConclitioJ1 I./\. abo e.

A\\l~e rep:~ . and quality of effluent discharged over the amplmg and-r@ortmg p )&d. All samples are to be taken dunng normal operatmg hours.

Tb.e Permittee sl1ajl ldentiff ihe ffi uent sampling location used for each discharge.

-;:-;;fi'iic~me

'" ''\, \ \ 2 ~ ' · \~ :::R :. cp~ng ]t}

The ~e~~ ~~ is re$~;red to submit monitori~g results as specified on a Discharge Monitoring Repo1i form$~:fe (WR-43) or other reporting form approved by the Secretary. Reports are due on the 1Sth ~ay of each month , beginning with the month fo llowing the effective date of this permit.

If, in any reporting period, there has been no discharge, the Permittce must submit that information by the report due date.

Signed copies of these, and all other reports required herein. shall be submi tted to the Secretary at the following address:

Agency of Natural Resources Department of Environmental Conservation

Permit No.: 3-1 223 Page 4

Watershed Management Division One National Li fe Drive, Main Building. 2nd floor

Montpelier VT 05620-3522

All reports shall be signed:

a. In the case of corporations, by a principal executive officer of at least the level of vice president, or his/her duly authori zed representative, if such representative is responsible for the overall operation of the facility from which the ~:'~~barge described in the permit form originates and the authorization is made in writingJi11d .submitted to the Secretary;

.· :" .:::{Q.._

..,

b. ln the case of a partnership, by a general partne :__:_.;;.. ·{~ ~,, ·~:::~>

c. ~

In the case of a sole proprietorship, by the proprl~tor; "91.!·~ ·>...··?.>....

d. In the case of a municipal , State, or at.her publi ~ facili ty, by eithe.q~.-.principal executi ve officer, ranking elected offi cial , or o. >•r duly au)b~ri zcd employc'er "

3. Recording of Results h '

.. The Permittee shall maintain red<;>/ds-~f all in f'o rmatio. ·· .~. ulting from any monitoring activities required including: ¥- ~~/

a. The exact place, date, and tin ~:f:am;ii~g .C?J..,p~~a~ments; b. The indivi4,µal(~2 who perforn\fth9.sampl in~~i.:ifueasurements; c. The da~sffl"fiWti}jl,i the ana l yse\'.~ere perforJfed; d. The in<f vidual(s)~~o performel~t~e analyses; e. The>ai1~ytical tecl1?Jques and meth~_ds used including sample collection handling and

~!·eservalio{ : x~~~ues; ~-. ,.,/> ••.

f. ~,,..,,. Al_l~~~sults ofsu~h ?na~yS~\~~T . . . . g;v 'f.h~~~rds o~~llj,tonng actr v1t1es and results, rncludmg all rnstmmentat1on and

/" calibfation and mK~nance records; ~ ·.:-.·h The orig11',al alcul~ion arfci data bench sheets of the operator who performed analysis

..-..;;.···:::::::t- of the inOue f pr efn~efu pursuant to requirements of Section I. /\. of this permit. ~ ·~ The ·r~lls ofmonit~~:ng requirements shall be reported (in the units specified) on the Vermont reporting~\.~f.143 or other forms approved by the Secretary.

4. Additional 1toring

If the Pcrmittee monitors any pollutant at the location(s) designated herein more frequently than required by this permit, using approved analytical methods as specified above, the results of such monitoring shall be included in the calculation and reporting of the values required in the Discharge Monitoring Report fo rm WR-43. Such increased frequency shall also be indicated.

Permit No.: 3-1223 Page 5

PART II

A. MANAGEMENT REQUIREMENTS

l. Faci lity Modification I Change in Discharge:

/\II discharges authorized herein shall be consistent with the tenns and conditions of this permit. The discharge of any pollutant more frequently than, or at a level in excess of: that identified and authorized by this permit shall constitute a violation of the tenns and condi tions of this permit. Such a violation may result in the imposition ofcivH~nd/or criminal penalties pursuant to 10 V.S.A. chapters 47, 201, and/or 2 11. Any ~n.ticipated facility alterations or c~pansions or process modifications which .wi!I rcsL!lt .~Hf~~2:~fferent.' or.increa~~d discharges of any pollutants must be reported by submission ol a~\ew peL°mrt~ppltcatlon or, 1f such changes will not violate the e11luent limitations specifi e~I in this") ~t, by notice to the Secretary of such changes. Following sL~~h ' i6e, thO. permit maybi~nodi fi ed to specify and limit any pollutants not previously limit/~ \ ~

2. Noncompliance Notification '· A T The Permittee shall give advan~e notice to the Secretary of any planned changes in the faci lity or activity which may result in noncompliance with pcrmil requirements.

~. ~

In the event the pemtittee is unable\1.0"'cismP.li vlth any of t 1e conditions of this permit due, 4

among other reasons, to: \h , ~;~::%":':

a. break7~tenance or ¥ trcatmc~pmcnt (biological and physicalchemicE{( system"S1I&Juding, all pipes, transfer pumps, compressors, collection ponds or tan~~"tbe segr~tion of treatcd~-O l'. untreated wastes, ion exchange columns, or carbon ab <)~~tionWnit~\. ·- V

b.-,.. ;c~·dePJ;;{a~~~c~rOr ~ negligence, or

c. any u~~1ti~..ated -G~~()r upset which exceeds any emuent limitation in the permit;\ . ·~~ l cl. violation of\ ·maximum day discharge limitation for any of the pollutants listed by the

Secretary in {his permit; or ~1

e. otlie causRsuch as acts of nature.

the Permille shall notify the Secretary within 24 hours of becoming aware of such condition or by the next business day and shall provide the Secretary with the following information, in writing, within five days:

1. cause of non-compliance

11. a description of the non-complying discharge including its impact upon the receiving waler;

3.

4.

s.

PennitNo.: 3-1 223 Page 6

111. anticipated time the condition of non-compliance is expected to continue or, if such condition has been corrected, the duration of the peri od of non-compliance;

1v. steps taken by the Permittee to reduce and eliminate the non-complyi ng discharge; and

v. steps to be taken by the Pem1ittcc to prevent recurrence of the condition of noncompliance.

Operation and Maintenance

All waste co llection, control , treatment, and disposal fa9' liiEi~ all be operated in a manner consistent with the fo llowing: 41 '·, a. T he Pcrmittce shall, at all times, main tain i;~~ work i :;~~t~der and operate as

c rric ien tl y as possible all treatment ana contro l fac ilities and syst;crns (and related appurtenances) installed or used by'~~1{~:1~crmitte' to achieve com)fl'f~~e¢' wi th the terms and conditions of thi s permit. Pr~per''b'pe·r~t ion k d maintenance al] cHncludes adequate laboratory controls and appropriate quaht~ asspfancc "'procedures. This provision requires the operation of back-up or auxilicti-Y~tacil i tics or simi lar systems which are installed by the Permi tte~ onlxwhen the operafi~~~ necessary to achieve compliance

with the conditions of thiq,~ ,._ "-~

b. The Permittec shall provide an ,adequate...Qperating s taff which is duly qualified to carry out the. operatiq~aintenanc~t~~9· testing·.:..-frft1Ctions required to insure compliance with the condi~·n's(q~~wi,s pennit. ~-- l

Quality eon·;,.~ ~ ~ Th;.J~nn~t~~ shafl ·~!6a~~and.lll5flJ.ml.intcnance procedures on all monitoring and

l yticakm~ttumcntak~~t regular "lmervals to ensure accuracy of measurements, or shall urc that bafb acti vitie~~ll,be conducted.

'. 6,. ' ··--/

~~ Pcnnittee sha.il ~~pP recwcfs of these activiti es and shall provide such records upon request of th~ccrelary. \\~.,........ r$ The Pef'mi)~~ shall (analyze any additional samples as may be required by the Secretary to ensure anil)%1cal (tia lity control.

\· Bypass #

The bypass of facilities (including pump stations) is prohibited, except where authorized under the terms and conditions of an Emergency Pollution Permit issued pursuant to I 0 Y.S.A. § 1268. It shall not be a defense for the Pem1ittee in an enforcement action that it would have been necessary to halt or reduce the activity in order to maintain compliance with the condi tions of this permit.

6.

7.

8.

9.


Duty to Mitigate

The Permittee shall take all reasonable steps to minimize or prevent any adverse impact to waters of the State resulting from non-compliance with any condition specified in this permit, including accelerated or additional monitoring as necessary to determine the nature and impact of the non-complying discharge.

Records Retention

/\II records and information resulting fi·om the monitoring acF4ies .required by this permit including all records of analyses performed, all cali bration;~\tl maintenance of instrumentation records and all original chart recordings for continuou~'fili~r~g instrumentation, copies of all reports required by this permit, an records of all da,{~l,1sed m/.~9.!.JlPlete the application for this permit shall be retained for a minimum or three ycl:l~, and slii1j.fqe submitted to the Secretary upon request. This period shalI be ex tended during the cou "' of unreso lved litigation regarding the discharge of pollutants or when requested by the.Secretary..

'> • Solids Management ~~-

./.:'", ~... '· .... ..<:'~·· ••

Collected screenings, sludges, (\11d other so lids renilixoo in the course of treatment and control ofwastcwaters shall be stored. treatcd>and disposed ofi.p accordance with 10 V.S.A. chapter 159 and with the terms and condiftons ofany ccrti ficatio11 inter)m or final , transi tional op~ra~ion authoriz~tion or _orde~· i ~~'qedpurs~n.~ Lo, I0 V.S.~chapte~ 159 that is in effect on the cfCccllve date of tlus pernut or 1s 1 ssL ~5l dut)!,lg~l%1:l1;.9f t~rs permrt.

~-····· "·~:~··:-::;.··

Emergency PoI..I~~' its ( Y. ~ , . ~

Maintenance a~."t.\ties or \Aergencics rcsl ting from equipment failure or malfunction, including powcr'6t!ages « •• hjch.tesult in a~ effluent which exceeds the effluent limitations specified herein, slialJ~e cO-nsideresJ a v!,91at ion of the conditions of this permit, unless the P~1irte'e.i~'lJJW-giatel}~pJJes for, anct 6btains, an emergency pollution permit under the p.rovi~ions o1"t~-~i ·A., '~;t:168~ The Permittee shall notify the Secretary of the emergency slluallon b)' the ne&t';workmg da ?"< ~ \. ~

~

I0 V.S./\. § 1268 re Q~ as follows :

"When a dischargJ f:mit holder finds that pollution abatement facilities require repairs, rcplacemen~.{:.9~fr' corrective action in order for them to continue to meet standards speci fied in the permit,i$i! may apply in the manner specified by the secretary for an emergency pollution permit for a term sufficient to effect repairs, replacements or other correcti ve action. The permit may be issued wi thout prior public notice if the nature of the emergency will not provide suflicicnl time to give notice; provided that the secretary shall give public notice as soon as possible but in any event no later than fi ve days after the effective date of the emergency pollution permit. No emergency pollution permit shall be issued unless the applicant certifies and the secretary finds that:


(1) there is no present. reasonable alternati ve means of disposing of the waste other than by discharging it into the waters of the state during the limited period of time of t he emergency;

(2) the denial of an emergency pollution permit would work an extreme hardship upon the applicant;

(3) the granting of an emergency pollution pcnnit will result in some public bcnelit;

(4) the discharge will not be unreasonably hannful to the quality of the receiving waters;

(5) the cause or reason for the emergency is not du~ <f il)f~I or intended acts or omissions of the applicant." ..-.:~:' -~·: ..~ ..·.~

•.

Application shall be made to the Secretary of~ tura1 Resources, D artment of Environmental Conservation, One National Life Drive, A~::~:ilding~~-nd Floor, Mon &J·i~:~ VT 05620-3522.

10. Powcr ~ a1 urc '·%· >- FF .• -..;:-:;:?;::. ,W. ~~ ''~;~~1~ ~ V"~

In order to maintain compliance with the effluent li'nfi'tations and prohibitions of this permit, the Permittee shall either: "'~··"· '"-it~·:

-~~ •• ' ,·.W.&~.;.":".;. ..:•:i: • :<>A -fi.' 'I'~ .,Y~..... ...-,..

a. Provide an alternative powetsource...~tt(Q9ient to opefite the wastewater control facilities, or if such alternativ~·p~we_? o(\!'~~4~=.not ih existence,\"':- :..:· Ea~~~ -

,r'· ~· " -..

b. H~~l , ~ cc;--61;·~xrwise contr ··~production :i!nd/or all di scharges upon the reduction, losF~ fa ilure 6J;\heprimary soL~~ of power to the wastev,iater control fociIities.

1

B. RESPONS~~~:·.~IES '• ~l-~ 1. ij.jghf of-E ,. r.y... ,, -...:.

The Permi ttee shall attow the,Secretary or authorized representative, upon the presentation of proper credentials:\ ·

(- ... \ J P . ' . h I d f: ·1· . . . I da. to enter upo11, t11e enrnttee s premises \V ere a regu ate act 1ty or activity 1s ocate or

conducted, o'r \vhere records must be kept under the conditions of this permit; //

b. to ha~'lcess to and copy, at reasonable times, any records required to be kept under the tefin s and conditions of this permit ;

c. to inspect, at reasonable times, any faci lities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and

d. to sample or monitor at reasonable times, for the purposes of assuring permi t compliance or as otherwise authorized by the Clean Water Act, any substances or parameters al any location.

Permit No.: 3- 1223 Page 9

2. T ransfer of Ownership or Control

This permit is nol lransferable withoul prior written approval of the Secretary. All .application and operating fees must be paid in rull prior to transfer or this permit. In Lhe event of any change in control or ownership of facilities from which lhe authorized discharges emanate, the Pem1ittee shall provide a copy of lhis permit to the succeeding owner or controller and shall send written notification of the change in ownership or control lo the Secretary at least 30 days in advance of the proposed tnrnsfcr date. The nolice lo the Secretary shall include a written agreement between Lhe existing and new permi ttees containing a speci fie elate for translcr or permil responsibility, coverage and liability between them. Tlfc Pcrmillee shall also in form the prosp_ectivc owner or operator of their responsibility ton:~{~~ appTication for transfer or this penmt ,4?\~.;:·:·.·>....

&,~~?'· ··.;;:~(-:::'

This request for transfer application must includ~. a~:;W~1imum : .. ~ •.·

a. A properly completed application fo rm provided by the Secretary and the applicable processing fee. \.

~ ~-, '(....... '. . b. A written statement from the prospecliv~'-0 - ~~r'o"r operator certifyl~g :

~~< ., i.. The conditio.ns ;f*e~PJ>_cra ti on thal c~h~~~}~c lo, .or affect, the discharge will

not be materially d1~er~)1t under the new O\:Yn'erslnp. 0\> ~"~ ~r 7

~\ ... )/ II. The prospective owneii:> or op~ftrfo(ha ,rea,}l 'ind is familiar with the lerms of the

pe,~_:<w.d agrees to co\p,ly~vith a·ll~ffu-"'"s and conditions of the permit.

111. t_hc prospective owner or'qgcrator has adequate funding lo operate and maintain he treat~~ot system and re·qmin in compliance with the terms and conditions of

th~: ..~;iJ.._t;-.::..:.,: ., ;z;'J ..... ~.-.. ~. ..\. ....,v.:,.4;. •• ~ ~ "

~~··· - ~·~ ' ~ ~·.....), ... c6~·fh'e ,wi~e,..of th~·:~~?r transrer.'

~e Seeretar;;;;a~ rOqui;s~d;yifnal informat ion dependent upon the eu1Tc11t status of the "'facility operation, rQBtnlenance;' and permit compliance.

' (,r

3. Confi entiality ~-

LJl

tl<¥ Pursuant to,~&o/i. ·:A. § l 259(b ):

"Any rccords~~porls or information obtained under lhis permit program shall be available lo the public for inspection and copying. I lowever, upon a showing satisfactory to the secretary thal any records, reports or infonnation or part thereof, other lhan effluent data, would, if made public, divulge methods or processes entitled to protection as trade secrets. the secretary shall treat and protect those records, reports or infonnation as confidential. Any records, reports or information accorded confidenti al treatment will be disclosed to authorized representatives of the state and the Un ited States when relevant to any proceedings under this chapter.'·

Claims for confidentiality for the following information will be denied:

4.

5.

6.


a. The name and address of any permit applicant or pcrmittee;

b. Permit applications, permits, and efnuent data; and

c. Information required by application forms, including information submitted on the forms themselves and any attachments used to supply information requi red by the forms.

Permit Modification, Suspension, and Revocation /.~ ....

:"fter notice.and oppo1~tuni.ty fo r a hearing, tl~i s per~nit may1'~m?dilied, suspended, or revoked m whole or m part dunng its term for cause 111clud111g:;J1e':Cf611~\v1ng:.. ~:-,,_ ·

.. '1'··.. a. violation of any terms or conditions of this per~'t; ~~

b. obtaining this permit by misrepresentation or fa ilure to disclose fu lly all relevant facts; or _,f'>··.;·.;!,·:-1>.' •\~ • > ~

" "(."""""' y.r.-. ~-"-· /' ......,.,_ 1· . d'. ' " Ic. a c ian1 ge 111 any con 1t1on t at requues eh . 1thi"cr a, emporary or permanent rec uct1.on or

elimination of the perm\ d discharge. ~

The ~lin.g of a reque~t by .the Pcm iftee ~o~,..a ~ermit mo.d~J\~a~c;P· rcvocat!on and rcissuance, or termmat1on, or a not1 licat1on of pla ned'Cnanges pr anti e1p~ noncompliance shall not stay any permit condition. ~ /.j, "'·«-: ,.#

~ .....,,...,._..,_ ,, \_, ... .., .,) The Permittee ~_!plfl-pr6~1Cle to the Secr~iary, within a reasonable time, any information which the Secretary411'ay request to determine '~hether cause exists for modifying, revoking and reissuing, ofterminating this permit or to determine compliance with this pem1it. The Pennittee shall also furnilh;to the Seeretari upon request, copies or records required to be kept by this,ner.mit. -r~......... ~

A .:.Y.:,,J; ., ~-;;•, ""-•>.:.o.>:o:,;,;•"···~·" ""-t:·.-.~.. --..........;lo

••,,,, ....<.> ·~:,,~ ">. .;tii-io ;Toxic Efflu C'ntStandaras.,; ~ .4

lf a toxic effluent ~1andard or prohibit ion (including any schedule of compliance specified in such effiuent standard or prohibition) is establ ished under section 307(a) of the Clean Water Act fo ·a toxic pollu~ant which is present in the Permittee's discharge and such standard or prohibiffon is moreA°cfingent than any limitation upon such pollutant in this permit, then this permit sh~l be m d1fied or revoked and reissued in accordance with the toxic efOuent standard or prohibition. a the Permittee so notified

Oil and Hazardous Substance Liability

Nothing in this permit shall be construed to preclude the institution of legal action or relieve the Pem1ittee from any responsibilities, liabilities, or penalties to which the Permittee is or may be subject under 10 V .S.A. § 1281 .

Permit No.: 3- 1223 Page 1 I

7. C ivil and Criminal Liability

Except as provided in, "Bypass" (Section 11./\.5.), "Power Failure·' (Section 11./\.10.), and ..Emergency Pollution Permits" (Section 11./\.9.), nothing in this permit shall be construed to relieve the Permittee from civil or criminal penalties for noncompliance. Civi l and criminal penalties for non-compliance are provided for in I0 V .S./\. Chapters 47, 201 and 211.

8. State Laws ....

Nothing in this permit shall be construed to preclude the instittHion·,qf any legal action or relieve the Pcrmittee from any responsibilities, liabi li ties, or penalties established pursuan t to any applicable State law or regulation. /..:./'

~ :::-~ 9. Pr oper ty Rights . ;\ , .,~

... Issuance of this permit does not convey an¥ roperty rights in ei ther rea or personal property, or any exclusive privileges, nor does it a~th tize any irijury to private prop.¢rt)7-tr any invasion of personal rights, nor any infringement of Federal, State, o~ocal laws or ~~{u l ations.

10. Other In formation ~~

If the Permittee becomes aware that it failed lo submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the

Secretary,. it shall p:o~~~ly submit suc~r in".'rm":Pn.

] l. Scvcra b1hty ~ \\. JJ/ The provisions of this per Hare severable ·and if any provision of this permit, or the application of any;provisj~~-qf thjs permi:J»{ ny circu1T1stance, is held inva lid , the application of ~.~h q·p~visio11'td'.pttferfirctiiif~£eS, and the remainder of this permit, shall not be ~iJ:ectecf:the ~b,e-. *=. .. v . ...y

• ""'· •• ....ot

,~. ·~~ ~ 12 .. , Authority .•. \.~ ~~

This permit is issued·uhder authority of I 0 V .S./\. §§ 1258 and 1259 of the Vermont Water Pollufon Contrnl Ad°thhe Vermont Water Pollution Control Permit Regulat ion, and Section

1 ';{402 of the Clean Water Act. as amended.

'T' III. ADDITIONAL CONDITIONS

A. OTHER REQUIREMENTS

This permit shall be modified, suspended or revoked to comply with any applicable effluent standard or limitation issued or approved under Sections 301(b) (2) (C), and (D). 304(b) (2), and 307 (a) (2) of the Clean Water Act, if the effluent standard or limitation so issued or approved:


1. Contains different conditions or is otherwise more stringent than any effluent limitation in the permit; or

2. Controls any pollutant not limited in the permit.

The permit as modified under this paragraph shall also contain any other requirements of the Vermont Water Pollution Control /\ct then applicable.

B. DEFINITIONS

For purposes of this permit, the following definitions shall apply: :=:·····-:'·

Agency - The Agency of Natural Resources

Annual Average -The highest allowable average of daily discharges calculated as the sum of all dai ly discharges (mg/I, lbs or ga llons) measured during a calendar year divided by the number of daily discharges measured during that year. ., -....:; . , ~ ~:·::. '>.:

'\. ... /.:. ""-<.,. i Average - The arithmetic means of values taken at the fr guti{y required for each parameter over the specified period. .

Bypass - The intentional diversion of ,S te. Qtrcams from any p01;!7°<;>n a treatment facility.

' l·The Clean Water Act - The federal Clean W\~ter ;)$i~at!filf~}:~·d. ,,.. .-..... ~ ..#' '\:'.:: .•:·

Composite Sample - A~sampl;· 9nsisting of a\~·i·nimum of6.ne grab sample per how- collected during a 24-hour period (or lesser peri od ~ specified in\ tbe sect ion on Monitoring and Reporting) and combined proportiona ly to now ~vcr that same t ~111e,period .

. ~. h,.v.., • } Daily Disc,!J{U~~~-:lhe dis61jarge of a poll\1~~1,1·gasured during a calendar day or any 24-hour period that re~:~ffe1aill'Y:ttepz~}~ents th~c~~1r clay fori)urposes of sampling.

fcy"d~ dtants with lim1illjio». cxpr~••7r'1 pounds the daily discharge is calculated as the total pounds ofpolfuu~nt discharged ov~1·'\he clay1

"\;\. \ 1 :.." '.; ~

For pollutants;$".i!J.~ limitatiop;1 expressed in mg/I the daily discharge is calculated as the average measurement 0Nitb, :1)01lutant over the day.

· ~@" ./.-'/' """".~·· Department - The V.ermont Department of Environmental Conservation.

•I'

Discharge - Any wastes, directly or indirectly, that arc placed, deposi ted or emitted into waters of the state.

Grab Sample - An individual sample collected in a period of less than 15 minutes.

Incompatible Substance - Any waste being discharged into the treatment works which interferes with, passes through without treatment, or is otherwise incompatible with said works or would have a


substantial adverse effect on the works or on water quality. This includes all pollutants required to be regulated under the Clean Water Act.

Instantaneous Maximum - A value not to be exceeded in any grab sample.

Major Contributing Industry - One that: ( 1) has a flow of 50,000 gallons or more per average·work day; (2) has a flow greater than five percent of the flow carried by the municipal system receiving the waste; (3) has in its wastes a tox ic pollutant in toxic amounts as defined in standards issued under Section 307(a) of the Act; or (4) has a significant impact, either singly _gr in combination with other contributing industries, on a publicly owned treatment 'vVorks or on th~~a!Uy of effluent from that treatment works. ,

~?.,; ~

Maximum Day (maximum daily discharge limitation) - The1µi[i~es;1rl'.~able "daily discharge" (mg/I, lbs, or ga llons). ..-··~ ~~ --t~,f#"(.~4:' ~% Mean - The mean value is the arithmetic mean. -1"/1 '• .· -.:·

d. h l}*~- ) ) '. h; 1 11 ~.;-b: t..

~

~.. ·~ fd ·1~A _Monthiy Avcrage - (Average mont111 y 1sc arge 11111\i!WP A-r.·~~g 1est a owa ·ie average o a1 y discharges (mg/I , lbs, or ga llons) over a calendar month~fii~l'.l'ated as the sum of ~II daily discharges (mg/I, lbs, or gallons) measured du ring.a calendar month d~le~d by the number of daily discharges

(~measured during that month. · : t.ft~ · ~..,,~~:::.

··~· ~:1~~· NPDES - The National Pollutant Discharg~£l11 · ·o~System . :::~:··

\'!~ ,.

Secreta•1' - The Secret~!~!J1e Agency of~. u .

State Certifying Ag&;'{y-~cy ofNatura ·, . esources I" DefnU(tmcnt of Envi ·~~ental Conservation

Wat~tshed Manage~ent Division , .?f&,:~~~. cp;K;N-J~&i .iiL~f1D1ive, Main Building, 2nd Floor

...~~..~»~$.:-:... 0~zye1ter v ff':,620-3522 ~ ~ki*\ '· ·?i'.•: "•.;::. /.• :--..

W~S\t!.": Effluent, sewag~:'Ol\any suQ:St:ance or material , liquid, gaseous, solid or radioactive, including heatecT1l uicls, whether 01~·uot harmfJI or deleterious to waters.

\ ~ . Weekly Avcr~e. - (Averag~ weekly discharge limitation) - The highest allowable average of daily discharges (mg'!f.lbs or galldhs) over a calendar week, calculated as the sum of all daily discharges (mg/I, lbs or gallcliv@~11fi;·ed during a calendar week divided by the number of daily discharges measured during tha1 eek.

07/2000; u.09/2012; u.11 /2014 Y:\ WSM D_Dischnrgc\DP_f>wnits\TEMl'l .ATES\DIRECT\Dl'·lndustrial.dot


WATERSHED MANAGEMENT DIVISION 1 NATIONAL LIFE DRIVE

MONTPELIER, VERMONT 05620-3522

FACT SHEET November 2015

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT TO DISCHARGE TO WATERS OF THE UNITED STATES

Pennit No.: 3-1223 PIN: NS89-0002 NPDES No.: VT00003 l l

NAME AND ADDRESS OF APPLICANT:

Barrows and Fisher Oil Company P.O. Box496

Brattleboro, VT 05302

NAME AND ADDRESS OF FACILITY WHERE DISCHARGE OCCURS:

Bridge Street Brattleboro, Vennont

RECEIVING WATERS AND CLASSIFICATION: Connecticut River, Class B. Class B waters are suitable for bathing and recreation; irrigation and agricultural uses; good fish habitat; good aesthetic value; acceptable ofpublic water supply with filtration and disinfection.

I. Proposed Action. Type ofFacilitv. and Discharge Location The above named applicant has applied to the Vennont Agency ofNatural Resources for a renewal ofa discharge permit to discharge into the designated receiving water. The discharge is from the Barrows and Fisher Oil Company located on Bridge Street, Brattleboro, VT to the Connecticut River. The facility is a bulk petroleum storage facility.

The complete application, draft pennit, and other infonnation are on file and may be inspected at the VTDEC, Watershed Management Division, National Life Drive, Montpelier, VT. Copies will be made at a cost based on the previous Secretary ofState Official Fee Schedule for Copying Public Records from 8:00 am to 4:30 pm, Monday through Friday.

II. Description ofDischarge This pennit authorizes the discharge of treated petroleum contaminated runoff. A quantitative description of the discharge in tenns ofsignificant effluent parameters is presented in section IV. below.

Ill. Limitations and Conditions The effluent limitations ofthe pennit, the monitoring requirements, and any implementation schedule (if required), may be found on the following pages of the pennit:

Effluent Limitations: Page 2 Monitoring Requirements: Page 2

2

IV. Pennit Basis and Explanation ofEftluent Limitation Derivation

History & Summary The Barrows and Fisher Oil Company owns and operates a bulk petroleum storage facility located on Bridge Street, Brattleboro, VT. The facility stores petroleum products for distribution and generates wastewater from the spill containment area.

The wastewater is generated via precipitation. The wastewater accumulates in the spill containment area and is discharged, via a valve system through an oil-water separator for treatment, to the Connecticut River.

The Department has made a detennination to reissue a discharge pennit for this discharge. Following is a discussion of the specific factors considered in the renewal of this pennit.

Effluent Limitations

Flow Due to the erratic nature of the discharge, the draft pennit does contains not contain an effluent flow limitation or flow monitoring. These requirements are unchanged from the pennit that currently authorizes this discharge. ·

Oil& Grease The pennit contains an Oil & Grease limitation of 15 mg/I, Daily Maximum. Sampling is required once per month. This effluent limitation and sampling frequency is unchanged from the pennit that currently authorizes this discharge. This limitation is based on EPA guidance criteria for Oil & Grease limitations and the Agency's best professional judgement regarding the treatment ability of a properly designed and maintained oil water separator treatment system.

Total Petroleum Hydrocarbons & Benzene The pennit contains a "Monitor only" sampling requirement for these pollutants to ensure that that these parameters do not become pollutants of concern. Past sampling has indicated that these parameters are not found in concentrations of concern in this discharge and this monitoring requirement will continue to provide data to confinn this finding. Sampling for these parameters is required once per month and is unchanged from the pennit that currently authorizes this discharge.

pH A pH limitation has been included in this pennit. The pH limitation is 6.5 to 8.5 SU. and is based on Section 3-01.B.9 of the Vermont Water Quality Standards. This limitation is unchanged from the permit that currently authorizes this discharge. pH sampling is required once per month.

Special Conditions

Condition I.A.2.a requires that all runoff within the diked area ofthe tank storage yard be collected and discharged through the oil-water separator.

Condition I.A.2.b requires that the drain valve on the oil-water separator be kept closed under nonnal conditions and the valve opened only to prevent the oil-water separator from becoming inundated and only after a visual inspection of the diked area indicates that the discharge of water will not violate the Vennont Water Quality Standards. This condition also requires that the valve shall be closed immediat~ly following such an event.

Condition l.A.2.c requires that the oil-water separator be operated as efficiently as possible and inspected at least monthly and cleaned at least quarterly and following any spills.

3 Condition I.A.2.d requires that once per year a detailed summary of the inspection and maintenance activities performed during the previous year, including the disposal of any residuals removed from the separator be submitted.

Condition 1.A.2.e requires that operations in storage yard be conducted to minimize the release and discharge ofpetroleum products.

Condition I.A.2.f-h mandates that this discharge not cause violations of Water Quality Standards in the receiving water.

VI. Procedures for Formulation of Final Determinations

The public comment period for receiving comments on this draft permit is from November 16, 2015 through December 16, 2015.

During this time interested persons may submit their written views on the draft permit. All written comments will be retained by the Department and considered in the formulation ofthe final determination to issue, deny or modify the draft permit. The period ofcomment may be extended at the discretion ofthe Department. Written comments should be sent to:

Vermont Agency ofNatural Resources Department ofEnvironmental Conservation Watershed Management Division 1 National Life Drive Building 2 Main Montpelier, VT 05620-3522

Comments may also be faxed to: 802-828-1544 or submitted by e-mail using the e-mail comment provisions included at htto://www.anr.state.vt.us/dec/waterg/ww/htm/notices.htm.

Any interested person or groups ofpersons may request or petition for a public hearing with respect to this draft permit. Any such request or petition for a public hearing shall be filed within the public comment period described above and shall indicate the interest ofthe party filing such request and the reasons why a hearing is warranted.

The Department will hold a hearing ifthere is significant public interest in holding such a hearing. Any public hearing brought in response to such a request or petition will be held in the geographical area ofthe draft discharge or other appropriate area, at the discretion of the Department and may, as appropriate, consider related groups ofdraft permits. Any person may submit oral or written statements and data concerning the draft permit at the public hearing. The Department may establish reasonable limits on the time allowed for oral statements and may require the submission ofstatements in writing. All statements, comments, and data presented at the public hearing will be retained by the Department and considered in the formulation of the final determination to issue, deny, or modify the draft permit.

The complete application, draft permit, and other information are on file and may be inspected at the VTDEC, Watershed Management Division, Montpelier, VT. Copies will be made at a cost based on the current Secretary ofState Official Fee Schedule for Copying Public Records from 8:00 AM to 4:30 PM, Monday through Friday. The draft permit and fact sheet may also be viewed on the Division's website at http://www.watershedmanagement.vt.gov/.

~VERMONT Vermont Department ofEnvironmental Conservation Agency ofNatural Resow·ces Watershed Management Division 1 National Life Drive, Main-2 [phone] 802-828-1535

Montpelier VI' 05620-3522 [fax] 802-828-1544

November 12, 2015

Town ofBrattleboro Attn: Annette Cappy, Clerk 230 Main Street; Ste 108 Brattleboro, VT 0530 I

Dear Ms. Cappy,

Enclosed are copies ofa public notice regarding the public comment period for a draft discharge permit that the Department is proposing to issue to the Barrows and Fisher Oil Company for the discharge oftreated runoff from the petroleum storage yard to the Connecticut River.

One of these notices is information for local officials. Would you please post the other in a public place for disseminating this information to local residents?

We are also sending copies of this notice to other local officials and interested persons who have asked to be included on our mailing list. We will be glad to send you additional copies if you desire or add names of interested parties to our mailing list.

Sincerely, ~ ~

cc. (w/enclosure) City council.

Ernest F. Kelley, Manager Wastewater Management Pl'i gram

To preserve, enhance, restore, and conserve Vermont's natural resources, and protect human hcalt/1,for the benefit ofthis and/1.1t11rc generations.


WATERSHED MANAGEMENT DIVISION 1 NATIONAL LIFE DRIVE

MONTPELIER, VT 05620-3522

NOTICE: Draft Discharge Permit

PUBLIC NOTICE NUMBER: 3-1223

PUBLIC COMMENT PERIOD: November 16, 2015 through December 16, 2015.

PERMITTEE INFORMATION

PERMITTEE: Barrows and Fisher Oil Company P.O. Box496 Brattleboro, VT 05302

PERMIT NUMBER: 3-1223

DISCHARGE INFORMATION

NATURE: Treated accumulated petroleum storage yard water

VOLUME: Unspecified - due to natural variation

RECEIVING WATER: Connecticut River

EXPIRATION DATE: December 31, 2020

DESCRIPTION: This is a draft discharge permit proposed for issuance to the Barrows and Fisher Oil Company for the discharge of treated accumulated petroleum storage yard water from their facility on Bridge Street, Brattleboro, Vermont to the Connecticut River. This is the renewal ofan existing discharge permit.

TENTATIVE DETERMINATIONS Tentative determinations regarding effiuent limitations and other conditions to be applied on the pending Vermont permit have been made by the State ofVermont Agency ofNatural Resources (VANR). The limitations imposed will assure that the Vermont Water Quality Standards will be met.

FURTHER INFORMATION The complete application, proposed permit, and other information are on file; and may be inspected at the VANR, National Life Drive, Building Main-2, Montpelier, VT. Copies of the permit may be obtained by calling (802) 828-1535; cost ofcopies is 10 cents per page. Office hours are 7:45 a.m. to 4:30 p.m., Monday through Friday.

2 PUBLIC COMMENTS/PUBLIC HEARINGS Public comments on the proposed permit are invited. Comments should be submitted in writing, to the address listed below. Comments may also be faxed to 802 828-1544 or submitted by e-mail using the email comment provisions included at http://www.watershcdmanagement.vt.gov/.

All comments received prior to the deadline listed below will be considered in formulations of the final determinations. Any submitted comments should include the permit number next to the V ANR address on the envelope and on the first page ofcomments.

Department of Environmental Conservation Watershed Management Division

1 National Life Drive Main-2

Montpelier, VT 05620-3522

The comment period will close at the end of the business day 4:30 pm, December 16, 2015.

Any person, prior to the above date, may submit a written request to this office for an informal public hearing to consider the proposed permit.

Any hearing request shall indicate the interest of the party filing the request and the reasons why a hearing is warranted. A hearing will be held only ifthe responses to this notice indicate significant public interest.

FINAL ACTION/RIGHTS TO APPEAL TO THE ENVIRONMENTAL COURT At the conclusion of the public notice period and after consideration ofadditional information received during the public notice period, the V ANR will make a final determination to issue or to deny the permit. Pursuant to 10 V.S.A. Chapter 220, any appeal of this decision must be filed with the clerk of the Environmental Court within 30 days of the date of the decision. The appellant must submit the Notice of Appeal and include the applicable the filing fee, payable to the state ofVermont.

The Notice ofAppeal must specify the parties taking the appeal and the statutory provision under which each party claims party status; must designate the act or decision appealed from; must name the Environmental Court; and must be signed by the appellant or their attorney. In addition, the appeal must give the address or location and the description of the property, project or facility with which the appeal is concerned and the name of the applicant or the permit involved in the appeal.

The appellant must also serve a copy of the Notice ofAppeal in accordance with Rule 5(b)(4)(B) of the Vermont Rules for Environmental Court Proceedings.

For further information, see the Vermont Rules for Environmental Court Proceedings, available on line at www.vermontjudiciary.org. The address for the Environmental Court is: 32 Cherry Street 2nd Floor, Suite 303; Burlington, VT 05401. Phone: 802-951-1740; Fax: 802-657-4292.

Alyssa B. Schuren, Commissioner Department ofEnvironmental Conservation

barrows and fisher oil company, vt0000311, draft permit

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