NC0050342_correspondence_19900815

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State of North Carolina ;
Department of Environment, Health, and Natural Resources
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27611
RA NCH
James G. Martin, Governor George T. Everett, Ph. D.
William W. Cobey, Jr., Secretary
Mr. Stanley B. Webb
City of Winston-Salem
Post Office Box 2511
Winston-Salem, North Carolina 27102
Dear Mr. Webb:
Director
August 15, 1990
Subject: NPDES Permit No. NC0050342
Muddy Creek Wastewater Treatment Facility
Forsyth County
Thank you for your letter dated July 24, 1990, concerning the NPDES Permit issued June
8, 1990. In your letter you note seven issues of which your staff and mine have discussed. All but
one of these seven points have been resolved. The issue still unresolved regards whole effluent
toxicity monitoring and limitation.
The Winston-Salem NPDES Permit utilizes whole effluent toxicity limitations in
accordance with State and Federal regulations. This Division feels that the permit as written is
appropriate and does not have any justification to modify the whole effluent toxicity limitation or
monitoring requirements. If, however, the City of Winston-Salem would prefer to be governed by
the Environmental Protection Agency's protocol, we are willing to modify the NPDES Permit
accordingly. Please let this office know within fifteen (15) days of receipt of this letter if citation of
the EPA protocol is desired. If the City decides to accept the permit as written, you should
complete and submit the attached Notice of Withdrawal to the Office of Administrative Hearings
for the pending adjudicatory hearing. If neither of these options are acceptable, the City should
request reaffirmation of the adjudicatory hearing to the Office of Administrative Hearings within
this same fifteen (15) day period.
The Division of Environmental Management does not intend to delay any permit issuances
or stay any permit conditions pending future meetings.of an Ad Hoc Committee. The permit limits
reflect existing water quality standards. These standards were reviewed by an Ad Hoc Committee
represented by industry, municipalities, environmental groups, and our staff prior to promulgation.
If you have any questions regarding this matter, please contact Mr. Donald Safrit,
Supervisor of the Permits and Engineering Unit -at 919/733-5083.
Sincerely,
Steve W. Tedder, Chief
Water Quality Section
Pollution Prevention Pays
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Employer

STATE OF NORTH CAROLINA
COUNTY OF FORSYTH
IN THE OFFICE OF
ADMINISTRATIVE HEARINGS
FILE NO.
)
WINSTON-SALEM/FORSYTH COUNTY )
UTILITY COMMISSION )
v. )
)
DEPARTMENT OF ENVIRONMENT, )
HEALTH, AND NATURAL RESOURCES )
DIVISION OF ENVIRONMENTAL MANAGEMENT )
Respondent. )
NOTICE OF WITHDRAWAL
OF PETITION
Petitioner hereby withdraws its petition for a contested case hearing.
No further proceedings are needed or required to resolve the contested case
captioned above.
This the
day of , 19.
Petitioner/Authority for Petitioner
CERTIFICATE OF SERVICE
I hereby certify that I have served a copy of the attached NOTICE OF
WITHDRAWAL on by having same placed in the United States Mail bearing
sufficient postage for delivery by first class mail and addressed as
follows:
Office of General Counsel
N.C. Department of Environment,
Health, and Natural Resources
P.O. Box 27687
Raleigh, North Carolina 27611
(Date) Petitioner/Attorney for Petitioner