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HomeMy WebLinkAbout09. 16-470SEPTEMBER 27, 2016 16-470 RESOLUTION (CARRIED___7-0___ LOST________LAID OVER________WITHDRAWN________) PURPOSE: APPROVE SETTLEMENT WITH WISCONSIN DEPARTMENT OF NATURAL RESOURCES (WDNR) PERTAINING TO WISCONSIN POLLUTION DISCHARGE ELIMINATION SYSTEM (WPDES) PERMIT INITIATED BY: LEGAL DEPARTMENT WHEREAS, The City of Oshkosh was issued a Wastewater Pollution Discharge Elimination System (WPDES) permit on June 24, 2013, with an effective date of July 1, 2013; and WHEREAS, the City filed a timely request for a hearing on the permit; and WHEREAS, the parties have reached a tentative settlement of this matter contingent upon the approval of the Common Council. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the proper City officials are hereby authorized and directed to execute and deliver an agreement substantially in the same form as the attached with the Wisconsin Department of Natural Resources pertaining to the Wastewater Pollution Discharge Elimination System Permit in resolution of the current contested case hearing between the parties, any changes in the execution copy being deemed approved by their respective signatures, and said City officials are authorized and directed to take those steps necessary to implement the terms and conditions of the Agreement. TO: Mayor, and Members of the Common Council FROM: Lynn A. Lorenson, City Attorney DATE: September 21, 2016 RE: Approve Settlement Agreement with Wisconsin Department of Natural Resources (WDNR) pertaining to Wisconsin Pollution Discharge Elimination System (WPDES) Permit BACKGROUND The City was issued a Wastewater Pollution Discharge Elimination System (WPDES) permit on June 24, 2013, with an effective date of July 1, 2013. This permit sought to impose a water quality based effluent limit (WQBEL) for phosphorus equal to the established water quality criterion for Lake Winnebago (.04 mg/L). The City's prior limit was 1.0 mg /L. Although there were also other issues within the challenges, the overall phosphorus issue was the driving issue within the challenge and the focus of the parties' discussion and negotiations. The monthly average phosphorus discharge from the City's WWTF has generally been between 0.40 and 0.75 mg /L, with a few months recording higher averages. CH2M Hill, the City's consultant, believes that significant modifications in the form of capital and operating costs to the City's Wastewater Treatment Plant would be required to meet the lower .04 limit and estimated that the cost would be between $80 and $120 million to achieve this limit. The City challenged the new restrictive phosphorus limits that the Wisconsin Department of Natural Resources (WDNR), with support from the Environmental Protection Agency (EPA), sought to implement in the wastewater treatment facility's water permit. A request for a hearing on the permit limits was filed in August 2013 and the DNR issued a letter agreeing that the City had a right to a hearing. The request had the effect of temporarily staying the permit terms which were the subject of the City's 1 challenge pending a hearing and a final decision by the Hearing Examiner on the permit challenge. Initially neither the City nor the WDNR pushed to have the hearing moved immediately forward primarily because both parties were aware that there were other issues and projects moving forward in relation to the phosphorus issue, including the study and implementation of a Total Maximum Daily Load (TMDL) limit for phosphorus for the Upper Fox River and Lake Winnebago. Ultimately, the establishment of a TMDL limit will result in a phosphorus allocation within the City's permit which will replace the .04 limit. Because the establishment of a new TMDL limit will replace the current limit, staff recognized value in staying the permit challenge or seeking a settlement pertaining to the current permit with reasonable terms for interim requirements. This allowed the City to focus on providing input into the TMDL process and ensuring our right to potentially challenge the TMDL limit should that become necessary in the future. The DNR has estimated that the City will receive an "indication" of its TMDL allocation by early next year. While neither the City nor WDNR were initially pushing this permit challenge forward for a final hearing, the parties have continued discussion over the course of the past three years pertaining to potential settlement. Because of the amount of time that has passed since the filing of the City's request for a contested case hearing in relation to its' permit and increased pressure on WDNR to issue permits and close out contested cases to meet their requirements to the federal government, the parties have been actively pursuing a settlement with the City through the course of this year. We have reached a tentative agreement that the attorneys, consultants and staff believe we can now recommend to resolve the contested case hearing related to the City's permit. ANALYSIS The proposed settlement is consistent with direction previously given by the Council. The proposed settlement establishes the effective interim limit for phosphorus that will be carried forward into the new reissued permit at .80 mg /L which is a level that the city's consultants have determined is achievable for the City. WDNR has made the commitment within the settlement to maintain this interim limit and to provide a new Water Quality Based Effluent Limit (WQBEL) in the City's next permit, which provides the City some certainty as we move into the next permit term. The major points within the agreement are as follows: • Under the terms of the settlement agreement WDNR will issue the City a new permit which will expire on June 30, 2018 at the same time the challenged five year permit from 2013 would have expired. There will be a notice period built into the issuance of the permit to ensure that neither EPA nor a third party challenges the permit prior to it becoming finalized (the "Notice Period "). In the absence of a challenge during the Notice Period, the City will dismiss it request for a hearing and a new permit would then be issued to begin July 1, 2018. • In the event of a challenge during the Notice Period, the City reserves the right to reject this settlement and continue to challenge the permit terms and conditions in its pending hearing request. • .80 mg /L interim limit -- Within the settlement agreement WDNR agrees to establish the City's new interim limit at .80 mg /L which CH2M Hill, the City's technical consultants pertaining to the operation of the WWTP, believe is attainable with the City's existing technology and little additional cost to the plant's current operation. • The .04 limit — although the .04 limit will remain within the reissued permit, the limit will not become effective and so will not bind the City under the doctrine of anti- degradation . (Note: Under this Doctrine, the permit holder subject to an existing limit that is in effect cannot substitute a less stringent limit in the future without making a showing required for an exemption from this doctrine) The proposed settlement specifically recognizes that this limit will be replaced by a new WQBEL based upon the results of the TMDL study when the new permit is issued in 2018. • The settlement preserves the City's rights to challenge future permit limits and the TMDL limit in the future; as well as to seek a site specific criteria or variance in relation to phosphorus limits. The settlement recognizes the City's ability to meet its phosphorous requirements by allocation between the City' wastewater treatment plant facilities and storm water facilities which is also permitted by the WDNR. The compliance schedule will include completion of a preliminary compliance alternatives plan showing how the City plans to meet lower phosphorus discharge limits by December 31, 2017 but includes language specifically recognizing that this preliminary plan will incorporate reasonable assumptions and be general in scope to take into account the fact that the TMDL process may not be completed at the time this plan is due and that the City may challenge the TMDL limit. The Settlement resolves the current permit challenge primarily by preserving the City's rights to contest future permits and future actions related to the TMDL limit. Resolving this challenge will allow the City to focus its time and efforts providing input into and working toward the completion of the TMDL process and analyzing various other options pertaining to phosphorus compliance such as the potential for a statewide variance option, developing site specific criteria and options for adaptive management or water quality trading. RECOMMENDATION Staff recommends the approval of the settlement with WDNR for the current permit challenge. 3Res ctfu lly Submi ted, A. Lorens City Attorney Approved: Mark A. Rohloff City Manager REVISED DRAFT SETTLEMENT AGREEMENT — September 9, 2016 This Settlement Agreement ("Agreement ") is made effective this 30" day of September as between the Wisconsin Department of Natural Resources ( "WDNR ") and the City of Oshkosh ( "Oshkosh ") to resolve a pending contested case challenge brought by Oshkosh. BACKGROUND WHEREAS, WDNR issued a Wisconsin Pollution Discharge Elimination System ( "WPDES ") permit ( "Permit ") to Oshkosh that contains a water quality based effluent limitation ( "WQBEL ") for phosphorus, the effective date for which is after the expiration date of WPDES Permit No. WI- 0025038 -08 -0; WHEREAS, section 3.1.2.3 of the Permit contains an interim phosphorus limit of 1.0 mg/L ( "Interim Limit ") and final phosphorus effluent limit of 40 pg/L and 6.7 lb /day as 6 -month averages and 120 pg/L as a monthly average ( "Final WQBEL "); WHEREAS, Oshkosh has challenged the Final WQBEL and the associated compliance schedule in the Permit in a Wis. Stat. § 283.63 petition filed on August 22, 2013; WHEREAS, section 3.1.2.3 of the Permit specifies that the Final WQBEL may be revised if new information or additional data supports a recalculation of the numeric limitation; WHEREAS, a Total Maximum Daily Load ( "TMDL ") study for the Upper Fox River and Lake Winnebago ( "TMDL Study ") is currently underway and will be completed before the Final WQBEL becomes effective; WHEREAS, WDNR will reevaluate the Final WQBEL prior to the effective date of the Final WQBEL and will issue a new decision on the Final WQBEL based on information from the TMDL Study ("New Final WQBEL "); and WHEREAS, Oshkosh and WDNR have reached an agreement regarding the issues raised in the petition regarding the Final WQBEL and the associated compliance schedule; IT IS HEREBY AGREED: 1. No later than thirty (30) days following the execution of this agreement, WDNR shall provide public notice of a proposed modification of the Permit, with terms and conditions as set forth in Attachment A ( "Permit Modification "). 2. Prior to the expiration date of the current Permit and before the effective date of the Final WQBEL, WDNR shall re- evaluate and replace the Final WQBEL with a New Final WQBEL. 3. In determining the New Final WQBEL in the next issuance of the Permit, WDNR shall consider information from the TMDL Study, as well as any other applicable information. If Oshkosh provides information that would support a site specific water quality criterion, WDNR shall also reevaluate the applicable water quality criteria. 4. WDNR's reevalution of the Final WQBEL shall be included as a New Final WQBEL in a proposed reissuance of WPDES Permit No. WI- 0025038. 5. WDNR's reevaluation of the Final WQBEL (the New Final WQBEL) will be a new decision. Oshkosh retains the right to challenge the New Final WQBEL and any related compliance schedule pursuant to Wis. Stat. § 283.63 (the "Review ") and, in the event of a Review, Oshkosh retains the right in the Review to challenge the Final WQBEL as well as required actions for the Final WQBEL that have due dates in the compliance schedule for the Final WQBEL that post -date the expiration date of the current Permit.. 6. In accordance with Wis. Stat. § 283.63(1)(am), if a petition for a contested case hearing is filed challenging the New Final WQBEL, Oshkosh will be subject to the most recent effective Interim Limit during the pendency of the challenge. 7. If, in the future, WDNR decides to remove a TMDL -based WQBEL from the Permit in accordance with Wis. Admin. Code § NR 217.16 and replace that limit with a WQBEL calculated under Wis. Admin. Code § NR 217.13, WDNR will recalculate the WQBEL based on the applicable information available at the time the WQBEL is recalculated. In such an event, Oshkosh retains the right to challenge such a recalculated WQBEL under applicable law existing at that future time. 8. Oshkosh retains its right to request a variance under applicable law including, in particular, Wis. Stat. §§ 283.15 and 283.16. 9. Prior to the next issuance of the Permit, Oshkosh shall prepare a Preliminary Compliance Alternatives Plan, in accordance with Attachment A. The plan shall evaluate alternative compliance options over the reasonable expected range of Final WQBELs in the next issuance of the Permit based on information and results from the TMDL study, including any draft waste load allocations, as well as other applicable information. Oshkosh may employ reasonable engineering judgment to determine the reasonable expected range of the Final WQBEL when preparing the Preliminary Compliance Alternatives Plan. WDNR recognizes that the Preliminary Compliance Alternatives Plan will necessarily be general in scope and may not consist of a detailed review of the alternative compliance options. WDNR further recognizes that the Final Alternatives Plan may include a compliance option that is different than the option selected in the Preliminary Compliance Alternatives Plan. 10. If the Permit is modified according to the terms of Attachment A anytime on or before March 1, 2017, and no timely third party challenge to the Permit is filed, Oshkosh shall withdraw the Petition for Review and Request for Contested Case Hearing filed on August 22, 2013. 11. If the Permit is modified according to the terms of Attachment A anytime on or before March 1, 2017, WDNR and Oshkosh agree they will not seek review pursuant to Wis. Stat. §§ 283.63 or 227.42 of the modified Permit. 12. This Agreement may be executed and delivered in counterpart signature pages executed and delivered via facsimile transmission or via email with scan or email attachment, and any such counterpart executed and delivered via facsimile transmission or via email with scan or email attachment will be deemed an original. CITY OF OSHKOSH M. Mark A. Rohloff, City Manager an Pamela R. Ubrig, City Clerk Lynn Lorenson, City Attorney WISCONSIN DEPARTMENT of NATURAL, RESOURCES LN Kurt A. Thiede, Deputy Secretary 16131950.1 Attachment A 3 Surface Water Requirements 3.1 Sampling Point(s) Sam lin Point Designation Sampling Sampling Point Location, Waste Type /Sample Contents and Treatment Description (as applicable) Point Sample Frequency Number Notes 001 Effluent: Representative samples of the effluent from the facility shall be collected from the channel prior MGD to the chlorine contact chamber, except that chlorine residual and fecal samples shall be collected after Continuous dechlorination. The discharge reported at Outfall 001 represents the total effluent discharge from the CBOD5 facility. The flow rate reported at Outfall 001 is the total effluent discharge from the facility to the Fox 40 mg/L River and Campbell Creek, and effluent characteristics reported at Outfall 001 are also representative of 24 -Hr Flow Prop Comp any discharge via Outfall 003. 003 Emergency Effluent Overflow: This outfall is a, fixed weir located about two feet below the top of the Suspended Solids, Total effluent channel wall on the outlet side of the chlorine contact basins. Under high flow conditions the 45 m L WWTF loses some of its normal discharge capacity due i an increase in river elevation. This factor 24 -Hr Flow Prop Comp combined with increased flow through the chlorine contact basins can cause the effluent channel to back Monthly Avg up and sometimes reach and overflow the weir which then discharges to Campbell Creek. Discharges to pH Field Campbell Creek through Outfall 003 may occur only when the flow rate at Outfall 001 reaches 32 MGD. 3.2 Monitoring The permittee shall comply ments. and Effluent Limitations 3.2.1 Sampling Point (Outfa requirements and limitations. Monitoring Requirements and Effluent Limitations Parameter Limit Type Limit and Units Sample Frequency Sample Type Notes Flow Rate MGD Daily Continuous CBOD5 Weekly Avg 40 mg/L 5 /Week See Section 3.2.1.2. 24 -Hr Flow Prop Comp Monthly Avg 25 mg /L Suspended Solids, Total Weekly Avg 45 m L 5 /Week See Section 3.2.1.2. 24 -Hr Flow Prop Comp Monthly Avg 30 mg/L pH Field Daily Min 6.0 su 5 /Week See Section 3.2.1.2. Grab Daily Max 9.0 su Fecal Coliform Geometric Mean 400 # /100 ml Weekly Grab Chlorine, Total Residual Daily Max 38 µg/L 5 /Week See Section 3.2.1.2. Grab Monitoring Requirements and Effluent Limitations Parameter Limit Type Limit and Sample Sample Notes Units Frequency Type Nitrogen, Ammonia Monthly Avg 38 m 5 /Week 24 -Hr Flow Applies January — March (NH3 -N) Total See Section Prop Comp Monthly Avg 23 mg/L Applies during Aril 3.2.1.2. Monitoring only, May — October Monthly Avg 39 mg/L Applies November — December Phosphorus, Total Monthly Avg 0.8 mg/L 5 /Week 24 -Hr Flow Interim limit. The final See Section Prep Comp effluent limits are 40 µg/l, 3.2.1.2. and 6.7 lb /day as 6 -month averages, and 120 µg/L as a =' monthly average; see Sections 3.2.1.3 and 3.2.1.4. The compliance schedule for achieving final compliance is listed in Section 5.1. Cadmium, Total µg/L Monthly 24 -Hr Flow See Sections 3.2.1.5 and Recoverable Prop Comp 3.2.1.6. Chromium, Total µg/L :' Monthly 24 -Hr Flow Recoverable Prop Comp Copper, Total µg/L Monthly 24 -Hr Flow Recoverable Prop Com Lead, Total µg/L Monthly 24 -Hr Flow Recoverable Prop Comp Nickel, Total µg/L Monthly 24 -Hr Flow Recoverable Prop Comp Zinc, Total µg/L Monthly 24 -Hr Flow Recoverable Prop Comp Mercury, Total Daily Max ,. 3.6 ng/L Quarterly Grab Alternative effluent Recoverable limitation. See Section 3.2.1.7 for mercury monitoring requirements, and Section 5.2 for pollutant minimization program implementation re uirements. Acute WET TUa See Listed 24 -Hr Flow See Section 3.2.1.8 for Qtr(s) Prop Comp WET testing schedule and 3.2.1.1 Average Annual Design Flow The average annual design flow of the permittee's wastewater treatment facility is 20 MGD. 2 3.2.1.2 Monitoring Conducted at a Frequency of 5/Week Parameters required to be monitored at a frequency of 5 /Week shall be monitored each day in which an in -plant diversion occurs or flow occurs at the Emergency Effluent Overflow, Outfal1003. 3.2.1.3 Phosphorus Limitation(s) Interim Phosphorus Limitation: The interim effluent limitation for phosphorus is 0.8 mg/L and is effective on the effective date of this permit. Final Phosphorus Effluent Limitations: The final phosphorus effluent limitations are 40 µg/L and 6.7 lb /day as 6- month averages *, and 120 pg/L as a monthly average, unless: (A) As part of the application for the next reissuance, or prior to filing the application, the permittee submits either: 1.) A watershed adaptive management plan and a completed Watershed Adaptive Management Request Form 3200 -139; or 2.) An application for water quality trading,,,dk 3.) An application for a variance; or 4.) New information or additional data that.supports a recalculation of the numeric limitation; and, (B) The Department modifies, revokes and reissues, or reissues the permit to incorporate a revised limitation before the expiration of the compliance schedule * *. * The applicable averaging periods for 6 -month average Total Phosphorus effluent limits are May through October and November through April. ** The Department will prioritize reissuances and revocations, modifications, and reissuances of permits to allow permittees the opportunity to implement adaptive management or nutrient tradi in a timely and effective manner. 3.2.1.4 Alternative Approaches to Phosphorus WQBEL Compliance If Adaptive Management or Water Quality Trading is approved as part of the permit application for the next reissuance or as part of an application for a modification or revocation and reissuance, the plan and specification submittal, construction, and final effective dates for compliance with the total phosphorus WQBEL may change in the reissued or modified permit. In addition, the numeric value of the water quality based effluent limit may change based on new information ( e.g. a TMDL) or additional data If a variance is approved for the next reissuance, interim limits and conditions will be imposed in the reissued permit in accordance with s. 283.15, Stats., and applicable regulations. A permittee may apply for a variance fic the phosphorus WQBEL at the next reissuance even if the permittee did not apply for a phosphorus variance as part of this permit reissuance. Note: If a water quality based effluent limit has taken effect in a permit, any increase in the limit is subject to s. NR 102.05(1) and ch. NR 207 Wis. Adm. Code. 3.2.1.5 Total Metals Analyses Measurements of total metals and total recoverable metals shall be considered as equivalent. 3.2.1.6 Sample Analysis Samples shall be analyzed using a method which provides adequate sensitivity so that results can be quantified, unless not possible using the most sensitive approved method. 3.2.1.7 Mercury Monitoring The permittee shall collect and analyze all mercury samples according to the data quality requirements of ss. NR 106.145(9) and (10), Wisconsin Administrative Code. The limit of quantitation (LOQ) used for the effluent and field blank shall be less than 1.3 ng/L, unless the samples are quantified at levels above 1.3 ng/L. The permittee shall collect at least one mercury field blank for each set of mercury samples (a set of samples may include combinations of intake, influent, effluent or other samples all collected on the same day). The permittee shall report results of samples and field blanks to the Department on Discharge Monitoring Reports. 3.2.1.8 Whole Effluent Toxicity (WET) Testing Primary Control Water: Grab sample collected from the Fox River, upstream and out of the influence of the permittee's discharge and any other known discharge — unless the use of a different control water source is approved by the Department prior to use. In- stream Waste Concentration (IWC): 11.9% Dilution series: At least five effluent concentrations and dual controls must be included in each test. • Acute: 100, 50, 25, 12.5, 6.25% and any additional selected by the permittee. • Chronic: 100, 30, 10, 3, 1% and any additional selected by the permittee. WET Testing Frequency: Tests are required during tl • Acute and Chronic: • October 1, 2013 — December 31, 2013 • July 1, 2014 — September 30, 2014 • April 1, 2015 — June 30, 2015 • January 1, 2016 — March 31, 2016 • October 1, 2017 -- December 31, 2017 ters. Reporting: The permittee shall report test results on the Discharge Monitoring Report form, and also complete the "Whole Effluent Toxicity Test Report Form" (Section 6, "State of Wisconsin Aquatic Life Toxicity Testing Methods Manual, 2nd Edition "), for each test. The original. complete, signed version of the Whole Effluent Toxicity Test Report Form shall be sent to the Biomonitoring Coordinator, Bureau of Water Quality, 101 S. Webster St., P.O. Box 7921, Madison, WI 53707 -7921, within 45 days of test completion. The original Discharge Monitoring Report (DMR) form and one copy shall be sent to the contact and location provided on the DMR by the required deadline. Determination of Positive Results: An acute toxicity test shall be considered positive if the Toxic Unit - Acute (TUa) is greater than 1.0 for either species. The TUa shall be calculated as follows: If LC50 ? 100, then TUa = 1.0. If LCso is < 100, then TUa = 100 - LCso. A chronic toxicity test shall be considered positive if the Relative Toxic Unit - Chronic (rTUe) is greater than 1.0 for either species. The rTUc shall be calculated as follows: If IC25 ? IWC, then rTU, = 1.0. If IC25 < IWC, then rTUc = IWC _ IC25. Additional Testing Requirements: Within 90 days of a test which showed positive results, the permittee shall submit the results of at least 2 retests to the Biomonitoring Coordinator on "Whole Effluent Toxicity Test Report Forms ". The 90 day reporting period shall begin the day after the test which showed a positive result. The retests shall be completed using the same species and test methods specified for the original test (see the Standard Requirements section herein). 4 5.1 Water Quality Based Effluent Limits (WQBELs) for Total Phosphorus The permittee shall comply with the WQBELs for Phosphorus as specified. No later than 30 days following each compliance date, the permittee shall notify the Department in writing of its compliance or noncompliance. If a submittal is required, a timely submittal fulfills the notification requirement. Required Action Due Date Operational Evaluation Report: The permittee shall prepare and submit to the Department for 6/30/2014 approval an operational evaluation report. The report shall include an evaluation of collected effluent data, possible source reduction measures, operational improvements or other minor facility modifications that will optimize reductions in phosphorus discharges from the treatment plant during the period prior to complying with final phosphorus WQBELs and, where possible, enable compliance with final phosphorus WQBELs. The report shall provide a plan and schedule for implementation of the measures, improvements, and modifications as soon as possible, but not later than June 30, 2016 and state whether the measures, improvements, and modifications will enable compliance with final phosphorus WQBELs. Regardless of whether they are cted to result in compliance, the permittee shall implement the measures, improvements, and m - -cations in accordance with the plan and schedule specified in the operational evaluation repo a If the operational evaluation report concludes that the facility can achieve final phosph WQBELs using the existing treatment system with only source reduction measures, operational imp %{� ents, and minor facility modifications, the permittee shall comply with the final phosphorus WQ by June 30, 2016 and is not required to comply with the milestones identified below for years 3 through 9 of this compliance schedule (`Preliminary Compliance Alternatives Plan', `Final Compliance Alternatives Plan', `Final Plans and Specifications', `"Treatment Plant Upgrade to Meet WQBELs', `Complete Construction', `Achieve Compliance'). If the Operational Evaluation Report concludes that the permittee cannot achieve final phosphorus WQBELs with source reduction measures, operational improvements and other minor facility modifications, the permittee shall initiate a study of feasible alternatives for meeting final phosphorus WQBELs and comply with the remaining required actions of this schedule of compliance. If the Department disagrees with the conclusion of the report, and determines that the permittee can achieve final phosphorus WQBELs using the existing treatment system with only source reduction measures, operational improvements, and minor facility modifications, the Department may reopen and modify the permit to include an implementation schedule for achieving the final phosphorus WQBELs sooner than July 1, 2022. Compliance Alternatives, Source Reduction, Improvements and Modifications Status: The 6/30/2015 permittee shall submit a'Compliance Alternatives, Source Reduction, Operational Improvements and Minor Facility Modification' status report to the Department. The report shall provide an update on the permittee's: (1) progress implementing source reduction measures, operational improvements, and minor facility modifications to optimize reductions in phosphorus discharges and, to the extent that such measures, improvements, and modifications will not enable compliance with the WQBELs, (2) status evaluating feasible alternatives for meeting phosphorus WQBELs. Preliminary Compliance Alternatives Plan: The permittee shall submit a preliminary compliance 12/31/2017 alternatives plan to the Department. If the plan concludes upgrading of the permittee's wastewater treatment facility is necessary to achieve final phosphorus WQBELs, the submittal shall include a preliminary engineering design report. If the plan concludes Adaptive Management will be used, the submittal shall include a completed Watershed Adaptive Management Request Form 3200 -139 without the Adaptive Management Plan. If water quality trading will be undertaken, the plan must state that trading will be pursued. Final Compliance Alternatives Plan: The permittee shall submit a final compliance alternatives 12/3 1/20 18 plan to the Department. If the plan concludes upgrading of the permittee's wastewater treatment is necessary to meet final phosphorus WQBELs, the submittal shall include a final engineering design report addressing the treatment plant upgrades, and a facility plan if required pursuant to ch. NR 110, Wis. Adm. Code. If the plan concludes Adaptive Management will be implemented, the submittal shall include a completed Watershed Adaptive Management Request Form 3200 -139 and an engineering report addressing any treatment system upgrades necessary to meet interim limits pursuant to s. NR 217.18, Wis. Adm. Code. If the plan concludes water quality trading will be used, the submittal shall identify potential trading partners. Note: See `Alternative Approaches to Phosphorus WQBEL Compliance' in the Surface Water section of this permit. - 12/31,12019 -r b Pf e f this Fm it Final Plans and Specifications: Unless the permit has been == pked and reissued, or 09/30 /2019 reissued to include Adaptive Management or Water Quality Tradin g me es or to include a revised schedule based on factors in s. NR 217.17, Wis. Adm. Code, the permittee 7U, s submit final construction plans to the Depart approval pursuant to s. 281.41, Statsecifying treatment plant upgrades that must be constricted to achieve compliance with final phosphorus WQBELs, and a schedule for completing construction of the upgrades by the complete construction date specified below. (Note: Permit modification, revocation and reissuance, and reissuance are subject to s. 283.53(2), Stats.) Note: See `Alternative Approaches to Phos horus" Q-1 „Compliance' in the Surface Water section of this permit.` Treatment Plant Upgrade to Meet WQBE l e permittee shall initiate construction of the 03/31/2020 upgrades. The permittee shall obtain approval o A final construction plans and schedule from the Department pursuant to s. 281.41. Stats. Upon approval of the final construction plans and schedule by the Department pursuant to s. 281.41, Stats., the permittee shall construct the treatment plant upgrades in accordance with the approved plans and specifications. Note: See `Alternative Approaches to Phosphorus WQBEL Compliance' in the Surface Water section of this permit. Construction Upgrade Progress Report #1: The permittee shall submit a progress report on 09/30/2020 construction upgrades. Note: See `Alternative Approaches to Phosphorus WQBEL Compliance' in the Surface Water section of this permit. Construction Upgrade Progress Report: The permittee shall submit a progress report on 09/30/2021 construction upgrades. [Continued on next page] Note: See `Alternative Approaches to Phosphorus WQBEL Compliance' in the Surface Water section of this permit. Complete Construction: The permittee shall complete construction of wastewater treatment system 06/30/2022 upgrades. Note: See `Alternative Approaches to Phosphorus WQBEL Compliance' in the Surface Water section of this permit. Achieve Compliance: The permittee shall achieve compliance with final phosphorus WQBELs. 07/01/2022 Note: See `Alternative Approaches to Phosphorus WQBEL Compliance' in the Surface Water section of this permit.