NC0025054_staff comments_19891004

MEMORANDUM
TO:
FROM:
SUBJECT:
DIVISION OF ENVIRONMENTAL MANAGEMENT
October 4, 1989
Rob Ge.lbliun
Steve W. Tedder
Oxford vs. EHNR
Appeal of NPDES Permit No. NC0025054
Granville County
I have reviewed the settlement offer by Oxford regarding this appeal
of the NPDES permit. Their offer includes two areas. Each is discussed
separately below.
1.) Oxford has indicated that they would like to be exempt from "penalties
or fines for the failure to pass toxicity testing" until June 30, 1992
as long as they are making diligent efforts at reducing the toxicity of
their effluent. We are agreeable to providing relief from penalties
within a consent order but must leave the limit for whole effluent tox-
icity in the permit. The consent order would be constructed such that
a schedule of specific toxicity reduction efforts would define com-
pliance with the order. It is anticipated that a period of one year
would be allowed to achieve compliance with the permit limit.
2.) The city has requested an SOC for lead, mercury, cadmium, zinc and
nickel at levels to be negotiated. Upon the effective date of the
permit only lead is limited. Lead is a water quality limited parameter
and must remain in the permit in order that the permit provide protec-
tion according to our regulations. Upon the effective date of the
permit a zinc monitoring requirement is in effect with no limitation.
The other parameters in question are not limited nor is monitoring
required until such time that the discharge is relocated. This allows
the city adequate time to assure that limits are met. If limits can
not be met upon relocation, the Division would consider regulatory
relief through a consent order if the city has demonstrated that
efforts have been made to achieve compliance and only needs additional
time to come into compliance. I believe that part of the confusion
here is the result of an error in one of the permit limitation pages.
Instead of being effective immediately the permit should have specified
that these constituents are limited (except for lead) upon relocation
of the discharge point. Corrections to the permit are being made and
will be forwarded to you and the City of Oxford immediately.
Please contact me should you have any further questions.
cc: Trevor Clements
Dennis Ramsey