Re: UniFirst Corporation, Docket No. WQ-97-07 (Appeal of DEC Permit #3-1435), Memorandum of Decision on Motion to Alter and Revised Order to Replace Section IV of the Board's May 7, 1998 Decision (Jun. 29, 1998) State of Vermont WATER RESOURCES BOARD MEMORANDUM OF DECISION ON MOTION TO ALTER AND REVISED ORDER TO REPLACE SECTION IV OF THE BOARD'S MAY 7, 1998 DECISION RE: UniFirst Corporation Docket No. WQ-97-07 P.O. Box 205 (Appeal of DEC Permit #3-1435) Brush Hill Road Williamstown, Vermont 05679 I. DISCUSSION This decision pertains to a Motion to Alter ("Motion") filed by the Agency of Natural Resources ("ANR") on May 21, 1998. The Motion sought to alter and clarify several issues addressed by the Board's May 7, 1998 Findings of Fact, Conclusions of Law, and Order in the referenced matter. Among these was a clarification that the Board's decision affirmed with modifications the Department of Environmental Conservation's ("DEC") issuance of DEC Permit #3-1435 to UniFirst Corporation ("UniFirst") rather than reinstated the Permit since Permit #3-1435 was never stayed and it remained valid during the pendency of this proceeding. Accordingly, as ANR's counsel pointed out, the Permit could not technically have been reinstated. In addition, ANR argued for a clarification of the effective date of the modified decision as well as the inclusion of a specific expiration date. Finally, ANR questioned the propriety of a permit condition that required the ANR to collect certain monitoring reports, where it is the Permittee rather than the ANR, that is bound by the permit and its conditions. As such, ANR suggested alternate language for Part I.A.2.b of the Permit, relating to Special Conditions. In response to the Motion to Alter, the Appellants generally agreed with the ANR's legal arguments pertaining to issues concerning jurisdiction and permit administration. Appellants did raise an additional issue, however, concerning more convenient availability of monitoring reports. Appellants sought specifically to receive a copy of all such monitoring reports. UniFirst waived any response to ANR's Motion. As discussed below, the Motion to Alter is granted and the Board will require UniFirst, as permittee, to deliver a copy of all monitoring reports which it files with the ANR in connection with Permit #3-1435 to the Town Clerk of the Town of Williamstown, not less than 20 days after such reports are filed with the ANR. II. ORDER The Motion to Alter is hereby granted. The Appellants' request has been considered and the Board declines to require UniFirst to provide a copy of each monitoring report to the Appellants. The Board does acknowledge, however, that convenient access to the monitoring reports should be provided to all interested persons including the Appellants. Accordingly, the Permittee is required, as stated in the Revised Order to provide a copy of the monitoring reports to the Town Clerk of the Town of Williamstown. Section IV of the Board's May 7, 1998 Findings of Fact, Conclusions of Law and Order is hereby vacated and the Revised Order that is attached to this Memorandum of Decision shall be substituted in its place. The following three pages shall, therefore, replace pages 18 and 19 of the May 7, 1998 decision and add a new page 20. The effective date of the modified Permit, will be that date specified in the Revised Order, June 29, 1998. As a result, the appeal period will be computed from June 29, 1998. It is so ordered. Dated at Montpelier, on this 29th day of June, 1998. WATER RESOURCES BOARD Concurring: Ruth Einstein Jane Potvin Gail Osherenko Gerry Gossens IV. ORDER 1. Permit #3-1435 is affirmed with inclusion of the following modifications to Part I.A.2. relating to special conditions; Part I.B. in which a revised effective date, expiration date, and reapplication date are noted; and Part I.C.2. under the heading "Monitoring and Reporting". 2. Special Conditions (modifying Part I.A.2 of Permit #3-1435) a. Upon detection of breakthrough of tetrachloroethylene from the first carbon treatment canister in the treatment train in use, the permittee shall immediately cease operation of that treatment train and place the reserve treatment train in operation. The carbon canister which has experienced breakthrough shall be replaced as soon as possible, but in no event later than 45 days after detection of breakthrough, and this treatment train shall then be held in reserve until needed. The dates of carbon canister replacement shall be noted on the monthly discharge monitoring report. b. Also on the monthly discharge monitoring report, the permittee shall log the number of hours that the backup canister was used after breakthrough and before the alternate treatment train was put into operation. A running total of hours in which the backup canister has been employed shall be kept by the permittee. Based on information derived from estimating the useful life of canisters which have experienced breakthrough, the permittee shall replace the backup canister as soon as it poses a risk of breakthrough. c. The discharge shall not contain a visible sheen, foam, or floating solids or cause a visible discoloration of the receiving water. d. The discharge shall not cause a violation of Water Quality Standards in the receiving water. B. REAPPLICATION (Modifying Part I.B. of Permit #3-1435) If the permittee desires to continue to discharge after the expiration date of this permit, then the permittee shall apply on the application forms then in use at least 180 days before this permit expires. Reapply for a discharge permit by December 13, 2002. C. MONITORING AND REPORTING (Modifying Part I.C.2. of Permit #3-1435) 2. Reporting The permittee is required to submit monitoring results as specified on a Discharge Monitoring Report (Form WR-43). Reports are due on the 15th day of each month, beginning with the month following the date of signing. If, in any reporting period, there has been no discharge, the permittee must submit that information by the report due date. Signed copies of these, and all other reports required herein, shall be submitted to the Secretary at the following address: Department of Environmental Conservation Wastewater Management Division 103 South Main Street Waterbury, Vermont 05671-0405 Copies of all Discharge Monitoring Reports shall also be filed, not later than 20 days after the date on which they are due to the DEC, with the Town Clerk of the Town of Williamstown at the following address: Town of Williamstown c/o Town Clerk P.O. Box 646 Williamstown, Vermont 05679 2. Discharge Permit #3-1435 shall be modified to incorporate the language cited above and shall set forth an effective date of June 29, 1998. This permit and the authorization to discharge shall expire on June 13, 2003. Pursuant to Part I.B. of the permit, any reapplication for a discharge permit renewal shall be by December 13, 2002. 3. Jurisdiction is hereby returned to the Agency of Natural Resources. Dated at Montpelier on this 29th day of June, 1998. WATER RESOURCES BOARD Concurring: Ruth Einstein Gerry Gossens Gail Osherenko Jane Potvin