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Draft NPDES Permit for Plainfield Renewable Energy

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Connecticut Department of Energy and Environmental Protection
Document date
2025
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77 pages
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2.6 MB

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[Page 1]

portal.ct.gov/DEEP

                                     National Pollutant Discharge Elimination System Permit
                                                                     issued to

      Permittee:                                                              Location Address:
      Plainfield Renewable Energy, LLC                                        12 Mill Brook Road
      12 Mill Brook Road                                                      Plainfield, CT 06374
      Plainfield, CT 06374

      Permit ID: CT0030473                                                    Effective Date: [1st of the month following signing]

      Receiving Waterbody:  Quinebaug River                                   Issuance Date: [date of signature]

      Receiving Waterbody ID: CT3700-00_02                                    Permit Expires: [5 yrs after effective date]

      SECTION 1: GENERAL PROVISIONS

      1.1        This permit is reissued in accordance with Section 22a-430 of Chapter 446k, Connecticut General
                 Statutes (“Conn. Gen. Stat.”), and Regulations of Connecticut State Agencies (“Regs. Conn.                              State
                 Agencies”) adopted thereunder, as amended, and Section 402(b) of the Clean Water Act (“CWA”),
                 as amended, 33 USC 1251,            et. seq., and pursuant to an approval dated September 26, 1973, by the
                 Administrator of the United States Environmental Protection Agency for the State                         of Connecticut to
                 administer a National Pollutant Discharge Elimination System (“NPDES”)                        permit program.

      1.2        Plainfield Renewable Energy, LLC                (“Permittee”) shall comply with all conditions of this permit
                 including  the  following  sections  of  the          Regs.   Conn.    State   Agencies     which  have  been  adopted
                 pursuant    to Section 22a-430 of the         Conn. Gen.      Stat.  and are hereby incorporated into this permit.
                 Your attention is especially drawn to the notification requirements of subsections (i)(2), (i)(3), (j)(1),
                 (j)(6), (j)(8), (j)(9)(C), (j)(10)(C), (j)(11)(C), (D), (E), and (F), (k)(3) and (4) and (                 l)(2) of Section
                 22a-430-3.

                           Section 22a-430-3: General Conditions
                           (a)   Definitions
                           (b)   General
                           (c)   Inspection and Entry
                           (d)   Effect of a Permit
                           (e)   Duty to Comply
                           (f)    Proper Operation and Maintenance
                           (g)   Sludge Disposal
                           (h)   Duty to Mitigate
                           (i)    Facility Modifications; Notification
                           (j)    Monitoring, Records and Reporting Requirements
                           (k)   Bypass
                           (m)  Effluent Limitation Violations (Upsets)
                           (n)   Enforcement
                           (o)   Resource Conservation
                           (p)   Spill Prevention and Control
                           (q)   Instrumentation, Alarms, Flow Recorders
                           (r)   Equalization

        PERMIT No. CT0030473 and SP0002464                                                  Page 1

[Page 2]

Section 22a-430-4: Procedures and Criteria
                    (a)   Duty to Apply
                    (b)   Duty to Reapply
                    (c)   Application Requirements
                    (d)   Preliminary Review
                    (e)   Tentative Determination
                    (f)   Draft Permits, Fact Sheets
                    (g)   Public Notice, Notice of Hearing
                    (h)   Public Comments
                    (i)   Final Determination
                    (j)   Public Hearings
                    (k)  Submission of Plans and Specifications, Approval
                    (l)   Establishing Effluent Limitations and Conditions
                    (m) Case by Case Determinations
                    (n)  Permit Issuance or Renewal
                    (o)  Permit Transfer
                    (p)  Permit Revocation, Denial or Modification
                    (q)  Variances
                    (s)  Treatment Requirements

1.3       Violations of any of the terms, conditions, or limitations contained in this permit may subject the
          Permittee to enforcement action including, but not limited to, seeking penalties, injunctions and/or
          forfeitures pursuant to applicable sections of the Conn. Gen. Stat. and Regs. Conn. State Agencies.

1.4       Any false statement in any information submitted pursuant to this permit may be punishable as a
          criminal offense under Section 22a-438 or 22a-131a of the Conn. Gen. Stat. or in accordance with
          Section 22a-6, under Section 53a-157b of the Conn. Gen. Stat.

1.5       The  authorization  to  discharge  under this  permit may  not  be  transferred  without  prior  written
          approval of the Commissioner of Energy and Environmental Protection (“Commissioner”).  To
          request such approval, the        Permittee and proposed transferee shall register such proposed transfer
          with the Commissioner, at least thirty (30) days prior to the transferee becoming legally responsible
          for creating or maintaining any discharge which is the subject of the permit transfer.  Failure, by the
          transferee,  to  obtain  the  Commissioner's  approval prior  to  commencing  such  discharge(s) may
          subject the transferee to enforcement action for discharging without a permit pursuant to applicable
          sections of the Conn. Gen. Stat. and Regs. Conn. State Agencies.

1.6       No provision of this permit and no action or inaction by the Commissioner shall be construed to
          constitute an assurance by the Commissioner that the actions taken by the Permittee pursuant to this
          permit will result in compliance or prevent or abate pollution.

1.7       Nothing in this permit shall relieve the Permittee of other obligations under applicable federal, state
          and local law.

1.8       An annual fee shall be paid for each year this permit is in effect as set forth in Section 22a-430-7 of
          the Regs. Conn. State Agencies.

DRAFT PERMIT No. CT0030473 and SP0002464                                         Page 2

[Page 3]

1.9      The Permittee shall operate and maintain its collection and treatment system in accordance with its
         Operation and Maintenance Plan and with any approvals issued in accordance with                             Regs.   Conn.
         State Agencies Section 22a-430-3(i)(3).  The Permittee shall revise and maintain the Operation and
         Maintenance Plan upon the Commissioner’s request or to address equipment or operational changes
         in accordance with Regs. Conn. State Agencies Section 22a-430-3(f)(2).

1.10     The Permittee shall implement its Spill Prevention and Control Plan in accordance with Regs. Conn.
         State   Agencies     Section  22a-430-3(p)  and  22a-430-4(c)(10).    The  plan  shall  include  practices,
         procedures and facilities designed to prevent, minimize and control spills,  leaks  or such other
         unplanned releases of all toxic or hazardous substances and any other substances to prevent pollution
         of the waters of the state. Such requirements shall, unless otherwise allowed by the Commissioner,
         apply to all facilities used for storing, handling, transferring, loading or unloading such substances,
         including manufacturing areas.  The Permittee shall revise and maintain the Spill Prevention and
         Control Plan upon the Commissioner’s request to address equipment or operational changes.

SECTION 2: DEFINITIONS

2.1      The definitions of the terms used in this permit shall be the same as the definitions contained in
         Section 22a-423 of the Conn. Gen. Stat. and Section 22a-430-3(a) and 22a-430-6 of the Regs. Conn.
         State Agencies.

2.2      In addition to the above, the following definitions shall apply to this permit:

                   “40 CFR” means Title 40 of the Code of Federal Regulations.

                   “Annually” when used as a sampling frequency in Table A of this permit, means that
                   sampling is required in the month of March, and in Table C, means that sampling is required
                   in the month of July, August or September.

                   “Average Monthly Limit” means the maximum allowable “Average Monthly Concentration”
                   as defined in Section 22a-430-3(a) of the Regs. Conn. State Agencies  when expressed as a
                   concentration (e.g., mg/l).  Otherwise, it means “Average Monthly Discharge Limitation” as
                   defined in Section 22a-430-3(a) of the Regs. Conn. State Agencies .

                   “Cooling  water intake  structure” means  the  total  physical structure  and  any  associated
                   constructed waterways used to withdraw cooling water from waters of the state.  The cooling
                   water intake structure extends from the point at which water is withdrawn from the surface
                   water source up to, and including, the intake pumps.

                   Connecticut Water Quality Standards              means the regulations adopted under              Regs.   Conn.
                   State Agencies Sections 22a-426-1 through 22a-426-9, as amended.

                   “Daily  Concentration”  means  the  concentration  of  a  substance  as  measured  in  a  daily
                   composite sample, or the arithmetic average of all grab sample results defining a grab
                   sample average.

                   “Daily Quantity” means the quantity of waste discharged during an operating day.

                   “Dilution Factor” means the inverse of the “Instream Waste Concentration”.

                   “DMR” means Discharge Monitoring Report.

DRAFT PERMIT No. CT0030473 and SP0002464                                       Page 3

[Page 4]

“IC” means “Inhibition Concentration”.

                   “IC25” means a point estimate of the toxicant concentration that would cause a twenty-five
                   (25) percent reduction in a non-lethal biological measurement of the test organism, such as
                   reproduction or growth.

                   “Instantaneous Limit” means the highest allowable concentration of a substance as measured
                   by a grab sample, or the highest allowable measurement of a parameter as obtained through
                   instantaneous monitoring.

                   “In-stream Waste Concentration” (“IWC%”) means the concentration (as a percent) of the
                   effluent in the receiving water.

                   “LC” means Lethal Concentration

                   “LC50” means the concentration lethal to fifty (50) percent of the test organisms during a
                   specific period.

                   “Lowest Observed Effect Concentration” (“LOEC”) means the lowest concentration of an
                   effluent or toxicant to which organisms are exposed in a life cycle or partial life-cycle test,
                   which causes adverse effects on the test organisms.

                   “Maximum Daily Limit” means the maximum allowable “Daily Concentration” (defined
                   above) when expressed as a concentration (e.g., mg/l).  Otherwise, it means the maximum
                   allowable “Daily Quantity” as defined above, unless it is expressed as a flow quantity.  If
                   expressed as a flow quantity, it means “Maximum Daily Flow” as defined in Section 22a-
                   430-3(a) of the Regs. Conn. State Agencies.

                   “No  Observed  Effect  Concentration”  (“NOEC”) means the  highest  concentration  of  an
                   effluent or toxicant to which organisms are exposed in a life cycle or partial life-cycle test,
                   that causes no observable adverse effects on the test organisms.

                   “Quarter” means the calendar quarter beginning at 12:00 AM on the first day of March,
                   June,  September,  and  December  and  ending  at  12:00  AM  on  the  first  day  of  June,
                   September, December, and March, respectively.

                   “Quarterly”, when used         as a sampling frequency in          this permit, means that sampling is
                   required in the months of March, June, September, and December.

                   “Range During Sampling” (“RDS”), as a sample type, means the maximum and minimum of
                   all values recorded as a result of analyzing each grab sample of: 1) a Composite Sample or,
                   2) a Grab Sample Average. For those permittees with continuous monitoring and recording
                   pH meters, Range During Sampling means the maximum and minimum readings recorded
                   with the continuous monitoring device during the Composite  or Grab  Sample  Average
                   sample collection.

                   “Reporting Frequency” means the frequency at which monitoring results must be provided.

DRAFT PERMIT No. CT0030473 and SP0002464                                      Page 4

[Page 5]

SECTION 3: COMMISSIONER'S DECISION

3.1      The Commissioner has issued a final determination and found that 1) with respect to the discharge,
         DSN 101-1, continuance of the existing system to treat the discharge would protect the waters of the
         state from pollution; and 2) with respect to discharges, DSN 102-1, DSN 103-1 and DSN 104-1,
         continuance of the existing discharges would not cause pollution of the waters of the state.                           The
         Commissioner’s decision is based on Application No. 201801971 for permit reissuance received on
         February 28, 2018, and the administrative record established in the processing of that application.

3.2      Upon the effective date of this permit and continuing until this permit expires or is modified or
         revoked, the Commissioner hereby authorizes the Permittee to discharge in accordance with the
         terms  and  conditions  of  this  permit,  the  information  provided              in  Application  No.  201801971,
         received by the Commissioner            on February 28, 2018, the administrative record established in the
         processing of that application, and  all modifications and approvals issued by the Commissioner or
         the Commissioner’s authorized agent, for the discharge and/or activities authorized by, or associated
         with this Permit.

3.3      The Commissioner reserves the right to make appropriate revisions to the permit in order to establish
         any appropriate effluent limitations, schedules of compliance, or other provisions which may be
         authorized under the  Federal Clean  Water Act or the                   Conn.   Gen.    Stat.  or regulations adopted
         thereunder, as amended.  The permit as modified or renewed under this paragraph may also contain
         any other requirements of the Federal Clean Water Act or the                       Conn.    Gen.   Stat.  or regulations
         adopted thereunder which are then applicable.

3.4      This  permit  includes  an  interim         determination  regarding       Section  316(a)  of  the  Federal  Water
         Pollution Control Act 33 U.S.C. § 1326(a) regarding the thermal component of the discharge, and
         compliance with this permit is sufficient to assure the protection and propagation of a balanced
         indigenous population of shellfish, fish, and wildlife in and on the receiving waters.

3.5      This permit also contains a determination under                 Section 316(b) of the Federal Water Pollution
         Control Act, 33 U.S.C. § 1326(b) regarding cooling water intake structures and Conn. Gen. Stat. §
         22a-430(a), and compliance with this permit is sufficient to assure the protection and propagation of
         a balanced indigenous population of shellfish, fish, and wildlife in and on the receiving waters.
         Based on the evaluation detailed in the fact sheet, DEEP has determined that the facility employs
         BTA pursuant to 40 CFR § 125.90(b).

3.6      Nothing  in  this  permit  authorizes  take  for  the  purposes  of  a  facility's  compliance  with  the
         Endangered Species Act.

SECTION 4: GENERAL EFFLUENT LIMITATIONS

4.1      The Permittee shall assure that the surface water affected by the subject discharge shall conform to
         the Connecticut Water Quality Standards (“WQS”).

4.2      No discharge shall contain, or cause in the receiving stream, a visible oil sheen or floating solids, or
         cause visible discoloration or foaming in the receiving stream.

4.3      No discharge shall cause acute or chronic toxicity in the receiving water body beyond any zone of
         influence specifically allocated to that discharge in this permit.

4.4      The temperature of any discharge shall not increase the temperature of the receiving stream above 85
         °F, or in any case, raise the temperature of the receiving stream by more than 4 °F.

DRAFT PERMIT No. CT0030473 and SP0002464                                       Page 5

[Page 6]

4.5      The Permittee is prohibited from discharging polychlorinated biphenyl compounds                            such as those
         commonly used for transformer fluid.

4.6      The Permittee is prohibited from using             any  chemical(s) that contain phosphorus in any process or
         activity that may result in a discharge to the waters of the state.

SECTION 5: SPECIFIC EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS

5.1      The discharge is restricted by and shall be monitored in accordance with the following tables in this
         section.  The wastewater discharge shall not exceed the effluent limitations in these tables and shall
         otherwise conform to the specific terms and conditions listed in the tables.  The                        Permittee    shall
         comply with the “Remarks” and “Footnotes” noted in the tables that follow. Such remarks and
         footnotes are enforceable like any other term or condition of this permit.

5.2      The wastewaters authorized/approved by this permit shall be collected, treated, and discharged in
         accordance  with  this  permit  and  with  any  approvals  issued  by  the  Commissioner  or  his/her
         authorized agent for the discharges and activities authorized by or associated with this permit.  Any
         wastewater discharges not expressly identified in these tables or otherwise approved to be discharged
         by this permit shall not be authorized by this permit.

5.3      All samples shall be comprised of only the wastewater described in these tables.  Samples shall be
         collected prior to combination with receiving waters or wastewater of any other type, and after all
         approved  treatment  units,  if  applicable.    Samples  and  measurements  taken  for  the  purpose  of
         monitoring shall be representative of the monitored activity.  Collection of permit-required effluent
         samples in any location other than the authorized location noted in this permit shall be a violation of
         this permit.

5.4      In cases where limits and sample type are specified but sampling is not required by this permit, the
         limits specified shall apply to all samples which may be collected and analyzed by the Department of
         Energy and Environmental Protection (“DEEP”) personnel, the Permittee, or other parties.

5.5       The Permittee shall operate and maintain the outdoor wood storage area in accordance with “Section
         A.4 Stormwater Management – Outdoor Wood Storage Area” of the response to comment report
         dated February 19, 2008.

DRAFT PERMIT No. CT0030473 and SP0002464                                       Page 6

[Page 7]

TABLE A
Discharge Serial Number: DSN 101-1                                                                                      Monitoring Location: 1 (External outfall)
Wastewater Description: Treated cooling tower blowdown wastewater                                                       Outfall Location: Latitude (41° 39’ 35”) and Longitude (71° 57’ 49”)
Monitoring Location Description: At the powerhouse prior to the discharge line exiting the facility                     Discharge is to: Quinebaug River
Allocated Zone of Influence:  137,750 gallons per hour                                                                  Instream Waste Concentration for acute criteria: 5.4%
                                                                                                                        Instream Waste Concentration for chronic criteria: 3.67%

                                                                        FLOW/TIME BASED MONITORING                                                           INSTANTANEOUS MONITORING                                   MINI-
                                                NET                                                                                                   Instantaneous                            Sample Type or           MUM
PARAMETER                                      DMR         UNITS        Average       Maximum           Sample/             Sample Type or               Limit or             Sample/          Measurement to         LEVEL 2
                                               CODE                     Monthly          Daily         Reporting          Measurement to be              Required            Reporting           be Reported            (µg/l)
                                                                          Limit          Limit        Frequency 1               Reported                   Range            Frequency 1

Aluminum, Total                                01105        mg/L          1.42           2.86           Weekly             Daily Composite                  4.29                 NR                  Grab                10.0
Aluminum, Total                                01105         kg/d         0.68           1.36           Weekly             Daily Composite                  NA                   NR                  Grab                10.0
Ammonia (as N)                                 00610        mg/L            ---           ---           Weekly             Daily Composite                   ---                 NR                   NA
Ammonia (as N)                                 00610         kg/d           ---           ---           Weekly             Daily Composite                  NA                   NR                   NA
Boron                                          01022         mg/l           ---           ---           Weekly             Daily Composite                  NA                   NR                   NA
Chlorine, Total Residual                       50060        mg/L          0.14           0.33           Weekly          Grab Sample Average                0.497                 NR                  Grab                20.0
Chromium, Total                                01034        mg/L            ---           ---           Weekly             Daily Composite                  NA                   NR                   NR                  5.0
Copper, Total                                  01042        mg/L          0.096          0.190          Weekly             Daily Composite                 0.288                 NR                  Grab                 3.0
Copper, Total                                  01042         kg/d         0.046          0.091          Weekly             Daily Composite                  NA                   NR                   NA                  3.0
Flow Rate (Average Daily)3                     00056         gpd        126,103           NA            Weekly             Total Daily Flow                 NA                   NR                   NA
Flow, Maximum during 24-hr period3             50047         gpd           NA          173,571          Weekly             Total Daily Flow                 NA                   NR                   NA
Iron, Total                                    01045        mg/L            ---           ---           Weekly             Daily Composite                   ---                 NR                   NA                100.0
Kjeldahl Nitrogen, Total (as N)                00625        mg/L            ---           ---           Weekly             Daily Composite                  NA                   NR                   NR
Lead, Total                                    01051        mg/L          0.019          0.039          Weekly             Daily Composite                 0.058                 NR                  Grab                 1.0
Lead, Total                                    01051         kg/d         0.009          0.019          Weekly             Daily Composite                  NA                   NR                   NR                  1.0
Nitrate (as N)                                 00620        mg/L            ---           ---           Weekly             Daily Composite                  NA                   NR                   NR
Nitrite (as N)                                 00615        mg/L            ---           ---           Weekly             Daily Composite                  NA                   NR                   NR
Nitrogen, Total [See Remark e]                 00600       lbs/day          ---           ---           Weekly                 Calculated                   NA                   NR                   NR
pH, Minimum                                    61942         S.U.          NA             NA               NR                      NA                       6.0             Continuous           Continuous
(Ends   12   months   after   permit’s
effective date)
pH, Maximum                                    61941         S.U.          NA             NA               NR                      NA                       9.0             Continuous           Continuous
(Ends   12   months   after   permit’s
effective date)
Phosphorus, Total                              00665         mg/l           ---           ---           Monthly            Daily Composite                  NA                   NR                   NR                100.0
Temperature, Maximum                           00011          oF           NA             NA               NR                      NA                        90                Hourly           Instantaneous
Temperature, intake/outlet differential        61576          oF           NA             NA               NR                      NA                        ---               Hourly           Instantaneous
Total Suspended Solids                         00530        mg/L            20            30            Weekly             Daily Composite                   45                  NR                  Grab
Zinc, Total                                    01092        mg/L          0.64           1.30           Weekly             Daily Composite                  1.95                 NR                  Grab                10.0

         DRAFT PERMIT No. CT0030473 and SP0002464                                                   Page 7

[Page 8]

TABLE A
Discharge Serial Number: DSN 101-1                                                                                          Monitoring Location: 1 (External outfall)
Wastewater Description: Treated cooling tower blowdown wastewater                                                           Outfall Location: Latitude (41° 39’ 35”) and Longitude (71° 57’ 49”)
Monitoring Location Description: At the powerhouse prior to the discharge line exiting the facility                         Discharge is to: Quinebaug River
Allocated Zone of Influence:  137,750 gallons per hour                                                                      Instream Waste Concentration for acute criteria: 5.4%
                                                                                                                            Instream Waste Concentration for chronic criteria: 3.67%

                                                                          FLOW/TIME BASED MONITORING                                                               INSTANTANEOUS MONITORING                                     MINI-
                                                  NET                                                                                                       Instantaneous                             Sample Type or            MUM
PARAMETER                                        DMR         UNITS         Average       Maximum            Sample/             Sample Type or                 Limit or             Sample/           Measurement to          LEVEL 2
                                                CODE                       Monthly          Daily          Reporting          Measurement to be                Required            Reporting            be Reported             (µg/l)
                                                                             Limit          Limit         Frequency 1               Reported                    Range             Frequency 1

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