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��12�fEDU4 N10N 9; 5�. FAX 218 283 1�6�.�QO�h �ourt Admin �j a1� ��1� <br />P��t Violation —Dischawe ��lit;r <br />38. The projcct will not cause or contribute to �u�y te�h��ical violation o£tl-�e percent <br />removal of carbonaceous biological oxygen demandingpollutants (C�30D's} under <br />any North Kooch pe�wit. ln the past, North Kooch has violated its National <br />Pollutant Discharge Elimination System (NPnLS) permit issued under the Clean <br />waferAct, 42 U.S.C.402 a number of limes by i�avi,z�� deficient percentage removal <br />rates of COBD'� and by having excessive concentrations of COBT.�' � on a few <br />occasions. <br />39. The evidence indicates and the Court finds [;h,�� �ese somewhat technical vioi.at�s�ns <br />are caused by the extreme cold weatlier periodically experienced 'm northern. <br />Kooch�cl�in� County and not the val�me of flow. Tt�is occurs in the Iat� winter or <br />early spring of the year when t'he coldest temperatures are occurring or shortly <br />thereafter. North Kooch uses a trickle filtration system to remove pollutants from the _ <br />discharge. The trickle filter system which is used by North �ooei� is at it's most <br />inef�iciej,t at this timc due lo �E� dorn�ant or "hibernating" �;ffec� of ti�e working <br />bacteria necessary to run t�ie system. This defect in Lhe system in not due to any <br />increase flow, but to the inewitabie cold weather conditions occtirring at �h�e time. <br />��- In June of 2002, during th� l Oq..ycar high rain event, North Koocli treated 4.84 <br />million gallons of flow at�s� ob�ine� a 90°/o removal rate c�P CBpT�'s. In contrast, <br />February is the lowest month of iXc�w with an average flow of 750,000 gallons, yet the <br />system occasionally experiences pro�ic�ns r�ar:hing this removal percentage becausc <br />of the cnld weather. The averall volume �'pollutants discltarged ironically is less <br />with the lesser llow but is operating with a more ir�e�`�cicnt removal percentage. This <br />t� <br />