PORTSMOUTH CITY OF

The City’s NPDES Permit was reissued on April 10, 2007 and became effective on August 1, 2007. The 2007 Permit authorizes the City to discharge treated wastewater from Outfall No. 001 that meets secondary treatment-based standards, and requires wet-weather discharges from the City’s four combined sewer overflow (“CSO”) outfalls to received a level of treatment necessary to achieve compliance with water quality standards. Discharges from the City’s chemically-enhanced primary wastewater treatment plant (“WWTP”) exceed the five-day biochemical oxygen demand, total suspended solids, and acute whole effluent toxicity (“WET”) limits contained in its reissued NPDES Permit. Additionally, the Order finds that the City does not continuously record residual chlorine as required by its NPDES Permit, and that untreated combined sewage discharges from its CSO outfalls contain bacteria concentrations that cause or contribute to violations of the state water quality standards.