Ecological Tanks, Inc.

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1 Ecological Tanks, Inc. Manufacturer of Aqua Safe and Aqua Aire Advanced Treatment Systems Sampling Protocol: Maryland BRF Project

2 Background: The following sampling protocol is to be used to comply with the sampling requirements established by the Maryland Department of the Environment (MDE) to determine compliance of the Aqua Safe Model AS600+4NR and the Aqua Aire Model AS500-35NR with the discharge requirements of the BRF program. In accordance with the MDE requirements, the first twelve (12) installations of each of the above models will be sampled quarterly for one (1) year. Twenty four (24) hour composite sampling will be used for each of the 48 samples collected. The sampling will be completed by an independent, third party, testing facility listed below. The third party testing facility will be responsible for sampling, transportation of samples to their lab, analysis and reporting of test results. All sampling methods and preservation techniques shall be in accordance with Standard Methods for the Examination of Water and Wastewater, 20 th Edition, 1998, A.P.H.A. or any EPA approved method. The testing facility will maintain proper chain of custody and provide documentation if required. Laboratory Information Contact: Contact: Dan Brumsted Environmental Testing Lab Telephone: The samples collected will be analyzed for Total Nitrogen, as well as TKN, Nitrite and Nitrate in the lab. Analysis will be performed in the field for ph, temperature and dissolved oxygen. The sample results shall demonstrate a 50% reduction in total nitrogen or an effluent concentration of less than 20 mg/l, calculated at the 75 th percentile. All sample results will be submitted semi-annually in electronic format by Ecological Tanks, Inc. or their authorized representative to MDE. The effluent data shall be summarized and submitted along with electronic copies of the actual laboratory reports. Please see BRF BAT agreement for details regarding reporting of data. Preparation for Sampling: At the time the system is installed, a sampling port will be provided to allow for the proper collection of a 24 hour composite sample. At a minimum, it will consist of a 4 x 4 x 6 x 6 cross, with at least an additional 12 leg glued to the bottom of one of the 6 openings, capped with a glue cap to provide a well to collect a sufficient quantity of effluent to allow for proper sampling. The top of the 6 cross will be brought to a height at least 2 above grade and provided with water tight cap. A ½ hole will be drilled in the side of the 6 top extension (above grade) sufficient to allow for a 3/8 poly tube from the sampler to be inserted. Sampling Procedure: 1. Remove lid to sampling port. 2. Flush and clean the sampling port, as well as the 4 inlet and outlet pipes, to remove all dirt, slimy residue and settled solids. Following the cleaning procedures, pump out all excess water. 3. Install composite sampler next to the sampling port. Insert the sampling tube (from the sampler) through the ½ hole in the side of the sampling port. Extend the tube to a depth at least 3 below the outlet invert, and at least 6 above the bottom of the sampling port. 4. Replace the lid on the sampling port and activate the sampler. Operate it for 24 hours. 5. Conduct field analysis of the effluent for ph, temperature and dissolved oxygen.

3 6. When the 24 hour sampling is completed, remove sampling tube and sampler. 7. Place the sample container in a cooler filled with ice and transport to the laboratory for analysis. The samples shall be delivered to the lab within EPA prescribed time limits. 8. The laboratory shall report the test results to Ecological Tanks, Inc. or their authorized representative, who will be responsible for summarizing the data and reporting it to the MDE on a semi-annual basis. Please see BRF BAT agreement.

4 MARYLAND DEPARTMENT OF THE ENVIRONMENT 1800 Washington Boulevard Baltimore MD Martin O Malley Governor Anthony G. Brown Lieutenant Governor Shari T. Wilson Secretary Robert M. Summers, Ph.D. Deputy Secretary BAY RESTORATION FUND - ONSITE SEWER DISPOSAL SYSTEM BEST AVAILABLE TECHOLOGY ISSUED TO: Ecological Tanks, Inc 2247 Highway 151 North Downsille, LA MANUFACTURER CONTACT: Calvin Locker, National Sales Director calvinlocker@sbcglobal.net FOR: AA500-35NR (Rated Capacity 500 gpd) AS600+4NR w/ez top (Rated Capacity 600 gpd) APPROVAL DATE: 26 th October, 2009 VERIFICATION DATE: TBD 1. GENERAL a. Criteria for Technology Approval i. The technology has been approved based on the NSF/ANSI Standard 245 approval for nitrogen removing wastewater treatment systems. ii. Approval is applicable to domestic strength sewage systems (non-industrial wastewater) utilizing NSF rated capacity. b. Verification Criteria for Best Available Technology (BAT) i. The technology will be submitted to the following verification standards required for BAT systems: - the 75 th percentile of the effluent data will be 20 mg/l or less; or - the 75 th percentile of the percent reduction (from influent to effluent) will be 50% or greater. The assumed influent TN concentration used will be 60 mg/l, unless manufacturer collects additional influent samples.

5 2. FUNDING a. The Bay Restoration Fund OSDS program may fund up to 100 percent of the cost of the unit and installation; five years of Operation and Maintenance shall be included in the upfront cost of the system. Additional costs have to be pre-approved by MDE. MDE reserves the right to change future funding priorities and percentages. 3. INSTALLATION a. A BAT unit may only be installed under the supervision of an individual trained and certified by the BAT units' manufacturer. The manufacturer and its representative are responsible for the proper installation of the unit. Upon installation of the unit, manufacturer will provide a document indicating unit was installed to satisfaction. The local Approving Authority may only issue final approval upon receipt of the manufacturer's or the manufacturer's designee that the installation of the BAT unit and all necessary components were completed correctly and per their manufacturer's installation standards. Payment will not be processed without the letter of satisfactory installation. b. BRF money may not be used to cover the cost of local permitting fees. The approving authority maintains the right to require whatever fees, evaluations, designs and installations are necessary to bring a site into compliance with applicable code. c. Activities not associated with installing the BAT are not eligible for funding under the BRF. d. It is the responsibility of the manufacturer to educate the homeowner of the practices that would be detrimental to the unit and to the warranty. At the time of installation the influent shall not have a ph or toxins that significantly inhibit microbial growth. In addition, any site utilizing these systems shall have sufficient alkalinity to perform the proper amount of nitrification. Manufacturer will be responsible for installation and technology performance with existing water treatment systems, such as water softeners. 4. SAMPLING AND MONITORING a. Sampling Protocol i. MDE will require a model specific manufacturer sampling protocol for each unit eligible for the BRF. The sampling protocol must be submitted to the BAT Review Team for review and approval. Any changes to the protocol should be submitted to MDE prior to use. ii. The first 12 units installed after the approval are to be tested for performance verification. Alternatively, previously installed units (not funded by BRF grants) can be tested however without BRF money. If the previously mentioned units are to be tested, they would have to be provided as part of the sampling protocol. iii. All sampling methods and preservation techniques should be consistent with Standard Methods for the Examination of Water and Wastewater," 21 st Edition, 2005, AWWA, later edition or any EPA approved method. iv. Samples collected are to be a representative 24-hour composite. The sample should be analyzed for nitrogen, ph, dissolved oxygen and temperature. Additional sampling can be taken but will not be funded through the grant program. v. A minimum of 48 composite effluent samples are required. vi. Sampling will begin after a three month start-up period. If a shorter or longer start-up period is required it should be outlined in the sampling protocol submitted by the manufacturer. vii. The sampling would be conducted in the following manner when a three month startup period is used: - 1 st sample at 3 to 6 months after installation - 2 nd sample at 6 to 9 months after installation

6 viii. - 3 rd sample at 9 to 12 months after installation - 4 th sample at 12 to 15 months after installation The constructed sampling port at the effluent end of the unit should be properly cleaned and flushed prior to sampling. b. Third Party Testing i. The manufacturer will provide MDE with information of the third party laboratory and contact person which will be conducting testing. MDE should be contacted within 7 days of changes are made to the laboratory. The following laboratory information was provided to MDE for this approval. Contact: Dan Brumsted Environmental Testing Lab 108 Old Solomons Island Rd Annapolis, MD Telephone: Danb@etlannapolis.com ii. iii. The sampling results and documentation (including chain of custody documentation) will be sent by laboratory to MDE. Sampling results sent from the laboratory to the manufacturer, and forwarded to MDE will not be accepted. A unit manufacturer representative may be present to ensure a sample is taken according to previously provided sampling protocol. A unit manufacturer representative cannot take or handle any of the samples. Violation of the third party sampling could result in revocation of the BAT sample and or BAT listing. c. Reporting Results i. The sampling information should be reported to MDE as Total Nitrogen (mg/l), including Nitrate plus Nitrite (mg/l), TKN (mg/l), DO (mg/l), and Temperature (degrees C). ii. The laboratory will be required to send the information as a pdf or EXCEL document. The reporting should meet third party guidelines outlined previously. d. Completion of Verification i. Upon satisfactory completion of the sampling, the field data will be used to verify the technology s ability to meet BAT nitrogen removal standards: - the 75 th percentile of the effluent data will be 20 mg/l or less or - the 75 th percentile of the percent reduction (from influent to effluent) will be 50% or greater. The influent TN concentration used will be 60 mg/l, unless manufacturer collects additional influent samples. ii. MDE may revoke approval if sampling results generated during the verification period indicate that the system is not meeting required effluent characteristics. iii. Local Approving Authorities may have additional monitoring requirements; therefore, manufacturers must contact them to ensure they are in compliance. iv. After the verification period is over, MDE will not require further sampling but will reserve the right to spot sample any unit installed. v. MDE will consider all efforts to work with the manufacturer in situations where effluent standards are not being met. If further monitoring is required, it will be at the manufacturers expense.

7 5. OPERATION AND MAINTENANCE: a. As part of approval for participation as a grant eligible BAT in the BRF, a five-year service operation and maintenance contract must be included in the original purchase price. This is to include a limited warranty. The following items detail what is to be included in the fiveyear service contract and limited warranty. i. The manufacturer shall warrant all components of the treatment system financed through the Bay Restoration Fund to be free of defects in material and workmanship for five years from the date of purchase. The manufacturer may fulfill the terms of the warranty by repairing or replacing any components that show evidence of defect. ii. The property owner shall be provided with an owner's manual that includes a description of the service policy and warrantee. iii. A five-year service policy shall be provided to the property owner through the manufacturer or manufacturer designee and be in included in the initial purchase price. iv. To provide service on manufacturer's units, a service provider must be certified by the manufacturer. v. The manufacturer is responsible for certifying that service providers have adequate education and training to properly service the manufacturer's units. vi. It is the manufacturer's responsibility to revoke certification of any service provider that is not performing consistent with manufacturer's recommendations. vii. Service visits must be performed at least at the frequency necessary to ensure that the system performs to the BAT approving standard. Unless stated otherwise, the approving standard is total nitrogen of 20 mg/l or less or at least 50 percent reduction in total nitrogen. viii. Service visits should occur at a minimum of twice per year and include inspection, adjustment and service of electrical, mechanical and other components of the system as deemed necessary by the manufacturer. ix. Service visits should include observations of effluent quality including an assessment of odor, color, turbidity and scum. x. A report shall be completed and submitted to MDE after each service visit. The report shall include any condition that requires further attention and any corrective action that took place during the service visit. xi. The property owner and MDE should be notified about any condition that could not be remedied at the time of inspection including an estimated date of correction. xii. The service contract does not include the actual pumping and disposing of residual solids. The service provider shall notify the property owner of the necessary residual pump-out frequency. xiii. The manufacturer or designee shall make available for purchase, to the property owner, an extended service policy. xiv. Emergency service shall be available within 48 hours of a request.