NC0050105_Toxicity Testing_20080110

ROBERT W. SAUNDERS, COMMISSIONER
VANCE B. NEAL, COMMISSIONER
WILSON A. LACY, COMMISSIONER
TERRI UNION, COMMISSIONER
STEVEN K. BLANCHARD, GENERAL MANAGER
PUBLIC WORKS COMMISSION
OF THE CITY OF FAYETTEVILLE
ELECTRIC & WATER UTILITIES
January 10, 2008
Belinda Henson
North Carolina Department of
Environment and Natural Resources
Division of Water Quality
225 Green Street, Suite 714
Fayetteville, North Carolina 28301-0707
SUBJECT: Notice of Violation
Effluent Toxicity Testing
NPDES # NC0050105
Rockfish Creek WRF, Cumberland County
Dear Mrs. Henson:
955 OLD WILMINGTON RD
P.O. BOX 1089
FAYETTEVILLE, NORTH CAROLINA 28302-1089
TELEPHONE (AREA CODE 910) 483-1401
FAX (AREA CODE 910) 483-1429
D5ANNR-PRC)
18 2008
DWQ
This letter is in response to the Notice of Violation that the Rockfish Creek WRF
received for a failed quarterly effluent toxicity test conducted in October 2007. Upon
notification of the failure, Mr. Dale Lopez at the Fayetteville Regional Office was
contacted. Following our discussion a careful analysis of our processes was performed
and a detailed review of the associated lab data revealed no obvious evidence for this
failure. As required by permit, two multiple concentration tests were run in November
and December with acceptable results.
If you have any questions concerning this letter please do not hesitate to contact
me at [phone]. I would also like to respectfully request that your office supply
copies of this letter to the Aquatic Toxicology Unit, Mr. Dale Lopez and Central Files.
Sincerely,
Public Works Commission
3--------
Wendell C. Bax ey
Rockfish Creek WRF Supervisor
Attachment: NOV
cc: Dale Lopez/ Fayetteville Regional Office
Aquatic Toxicology Unit
Central Files
Mick Noland
Dickie Vinent
North Carolina's 41 ! Lar est--Metro
• AN EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER •

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January 8, 2008
CERTIFIED MAIL
RETURN RECEIPT REQUESTED: 7002 1000 0004 8361 1230
Mr. Mick Noland
Town of Fayetteville •
P.O. Box 1089
Fayetteville, North Carolina 28302-1089
Subject: NOTICE OF VIOLATION
Effluent Toxicity Testing
NPDES Permit No. NC0050105
Rockfish Creek WWTP •
Cumberland County*
Dear Mr. Noland:
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
E
Coleen H. Sullins, P.E. Director
Division of Water Quality
E
E
JAN 0 9- 2008
WATER RESOURCES
ADMINISTRA1ION
PUBLIC WORKS COMMISSION
This is to inform you that a review of your toxicity self -monitoring report form for the month of October 2007
indicates a violation of the toxicity limitation specified in your NPDES Permit.
You should take whatever remedial actions are necessary to eliminate the conditions causing the effluent toxicity
violation(s). Your efforts may include conducting a Toxicity Reduction Evaluation (TRE), a site -specific study designed
to identify the, causative agents of effluent toxicity; isolate the sources of toxicity, evaluate the effectiveness of toxicity
control options, and confirm reductions in effluent toxicity. Please be aware that North Carolina General Statutes provide
for assessment of civil penalties for violations of NPDES permit limitations and requirements.
The reverse side of this Notice contains important information concerning your Whole Effluent Toxicity
Monitoring and Reporting Requirements. Please note appropriate mailing addresses for submitting your Discharge
Monitoring Reports (DMRs) and Aquatic Toxicity (AT) Test Forms. We encourage you to review this information; if it
would be helpful to discuss this situation or possible solutions to resolve effluent toxicity noncompliance, please contact
Mr. John Giorgino with this office at [phone].
Sincerely,
Cindy A. Moore
Supervisor, Aquatic Toxicology Unit
cc: Belinda. Henson/ Fayetteville Regional Office
Dale Lopez/ Fayetteville Regional Office
Aquatic Toxicology Unit
Central Files
Nor thCarolina
Naturally
North Carolina Division of Water Quality 1621 Mail Service Center Raleigh, NC 27699-1621 Phone (9'19) 743-8401 Customer Service
Internet: www.esb.enr.state.nc.us 4401 Reedy Creek Rd. Raleigh, NC 27607 FAX [phone] •
An Equal opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper

WHOLE EFFLUENT TOXICITY MONITORING AND REPORTING INFORMATION
➢ The following items are provided in an effort to assist you with identifying critical and sometimes overlooked toxicity testing and
reporting information. Please take time to review this information. The items below do not address or include all the toxicity testing
and reporting requirements contained in your NPDES permit. if you should have any questions about your toxicity testing
requirement, please contact Mr. John Giorgino with the Aquatic Toxicology Unit at [phone] or another Unit representative -at the
same number.
➢ The permittee is responsible for ensuring that toxicity testing is conducted according to the permit requirement and that toxicity report
forms are appropriately filed.
➢ The reporting of whole effluent toxicity testing data is a dual requirement. All toxicity test results must be entered (with the appropriate
parameter code) on your monthly Discharge Monitoring Report which is submitted to:
North Carolina Division of Water Quality
Central Files
1617 Mail Service Center
Raleigh, NC 27699-1617
IN ADDITION
Toxicity test data (original "AT" form) must be submitted to the following address:
North Carolina Division of Water Quality
Environmental Sciences Section
1621 Mail Service Center
Raleigh, North Carolina 27699-1621
➢ Toxicity test results shall be filed with the Environmental Sciences Section no later than 30 days after the end of the reporting
period (eg, January test result is due by the end of February).
➢ Toxicity test condition language contained in your NPDES permit may require use of multiple concentration toxicity testing upon failure
of any single quarterly toxicity test. If the initial pass/fail test fails or if the chronic value is lower than the permit limit, then at least two
multiple concentration toxicity tests (one per month) will be conducted over the following two months. As many analyses as can be
completed will be accepted. If your NPDES permit does not require use of multiple concentration toxicity testing upon failure of any
single quarterly test, you may choose to conduct either single concentration toxicity testing or multiple concentration toxicity testing per
the Division's WET enforcement initiatives effective July I, 1999. Follow-up multiple concentration toxicity testing will influence the
Division's enforcement response.
➢ Toxicity testing months are specified by the NPDES Permit, except for NPDES Permits which contain episodic toxicity monitoring
requirements (eg, if the testing months specified in your NPDES permit are March, June, September, and December, then toxicity testing
must be conducted during these months).
➢ If your NPDES Permit specifies episodic monitoring and your facility does not have a discharge from January 1-June 30, then you must
provide written notification to the Environmental Sciences Section by June 30 that a discharge did not occur during the first six months
of the calendar year.
➢ If you receive notification from your contract laboratory that a test was invalidated, you should immediately notify the Environmental
Sciences Section at [phone] and provide written documentation indicating why the test was invalidated and the date when
follow-up testing will occur.
➢ If your facility is required to conduct toxicity testing during a month in which no discharge occurs, you should complete the information
block located at the top of the AT form indicating the facility name, permit number, pipe number, county and the month/year of the
subject report. You should also write "No Flow" on the AT form, sign the form and submit following normal procedures.
➢ The Aquatic Toxicity Test forms shall be signed by the facility's Operator in Responsible Charge (ORC) except for facilities which have
not received a facility classification. In these cases, a duly authorized facility representative must sign the AT form. The AT fore must
also be signed by the performing lab supervisor.
➢ To determine if your AT test forms were received on time by the Division of Water Quality, you may consider submitting your toxicity
test results certified mail, return receipt requested to the Environmental Sciences Section.