NC0064050_NOV2014TX0050_20140914

WX
NCDEE R
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
September 30, 2014
CERTIFIED MAIL: 7012 2210 0002 3534 8772
RETURN RECEIPT REQUESTED
Mr. Bruce A. Radford
Town Manager, Apex
P.O. Box 250
Apex, NC 27502 -0250
SUBJECT: NOTICE OF VIOLATION: NOV- 2014 -TX -0050
Whole Effluent Toxicity (WET) Testing
Copper and Zinc Action Level Policy
NPDES Permit No. NCO064050
Apex Water Reclamation Facility WWTP
Wake County
Dear Mr Radford:
John E. Skvarla, III
Secretary
RECEIVED /DENRIMA/P
OCT 0 3 2014
Water Quality
Permitting Sectior
This is to inform you that a review of your toxicity self - monitoring report form for the month of July 2014 indicates a
violation of the toxicity limitation specified in your NPDES Permit. You should undertake necessary actions to eliminate or
reduce effluent toxicity to acceptable levels.
Previous correspondence was sent to you concerning implementation of the Division's Copper and Zinc Action Level Policy.
The correspondence included a prospective permit limit for zinc at 125.0 Itg /L. We stated that the trigger for
implementing the policy would be two or more WET limit violations, which occur during a toxicity testing calendar quarter.
Please note that the second WET limit violation has occurred and you must provide:
a) Written notification indicating acceptance of the prospective zinc and or copper permit limit. Notification is due by
November 1, 2014.
OR
b) Written notification indicating your choice of option(s) 1-4 below. Notification is due by November 1, 2014. DWR
approval of options 1 -3 below is not necessary as the Division expects work to rule out zinc and or copper as a causative
effluent toxicant to begin immediately upon the second WET permit limit violation that occurred during July 2014.
1621 Mail Service Center, Raleigh, North Carolina 27699 -1621
Location: 4401 Reedy Creek Road, Raleigh, North Carolina 27607
Phone: 919 - 743 -84001 FAX: 919 - 743 -8517
Internet: portal. ncdenr.orglwebhvgthome
An Equal OpportunitylAffirmative Action Employer

l . lnstream measurements of dissolved metal during low flow conditions that demonstrate compliance with the
Action Level standard
2. A revision of the prospective permit limit using improved inputs that in concert with existing or additional
monitoring data demonstrates compliance with the Action Level standard
3. Toxicity Identification Evaluation (TIE) results that definitively rule out copper and or zinc as a cause of
effluent toxicity
4. Demonstration by an alternative method approved by the Division and EPA that copper and or zinc is not the
cause of toxicity
Written notification (a or b above) shall be sent to:
North Carolina Division of Water Resources
Water Sciences Section
Aquatic Toxicology Branch
1621 Mail Service Center
Raleigh, North Carolina 27699 -1621
Please note that if you choose item b) above, you will be given nine months to submit documentation that
eliminates copper and zinc as causative effluent toxicants. Your final report should be comprehensive and
include all data used to support your conclusion. The report is due by July 2, 2015.
Three copies of the final report shall be submitted to:
North Carolina Division of Water Resources
Water Sciences Section
Aquatic Toxicology Branch
1621 Mail Service Center
Raleigh, North Carolina 27699 -1621
Failure to notify DWR of your acceptance of a copper and or zinc limit, failure to notify DWR of your option
selection or failure to make acceptable demonstration to DWR that copper and or zinc is not a causative
effluent toxicant within the stated time frames will result in reopening of the NPDES Permit to include a
numeric copper and or zinc permit limitation, as appropriate.
If the effluent is toxic, then we expect work to commence immediately with toxic effluent samples. Failure to initiate work with
toxic effluent samples during the study period is unacceptable and will be considered a failure to make acceptable demonstration
as cited above. We recommend a minimum of three separate sampling events during the nine month period to definitively rule
out zinc and or copper as a causative effluent toxicant.
Additional information regarding the Division's Copper and Zinc Action Level Policy can be found at the following web site -
http: / /www.esb.enr.state.nc.us /. Click on the Aquatic Toxicology Branch and go to the prompt "AT Downloadable Files"
located at the bottom of the page.
1621 Mail Service Center, Raleigh, North Carolina 27699 -1621
Location: 4401 Reedy Creek Road, Raleigh, North Carolina 27607
Phone: 919 - 743 -8400 4 FAX: [phone]
Internet: portal. ncdenr.org/web/wq /home
An Equal OpportunitylAffirmative Action Employer

Please be aware that the facility is now subject to a Civil Penalty assessment that will follow this letter after 10 days. This
(7/14) is the second non - compliant test for the testing quarter, and the follow -up tests chronic average is below the facility's
chronic limit.
If you have any questions concerning this correspondence, please contact Ms. Cindy Moore at (919) 743 -8442 or Mr. John Giorgino at
[phone].
Sincerely,
RKEIVEDIDENRIDWR
UAk_� g 0'\� OCT 0 3 2014
Cindy Moore
Supervisor Aquatic Toxicology Branch Water Quality
Water Sciences Section Permitting Section
Division of Water Resources, NCDENR
cc: Danny Smith- Raleigh Regional Office
Cheng Zhang- Raleigh Regional Office
Tom Belnick- Point Source Branch
Ben Ghosh -Water Management Division, USEPA Region IV, 61 Forsyth St., SW, Atlanta, GA 30303
Central Files
Aquatic Toxicology Branch Files
1621 Mail Service Center, Raleigh, North Carolina 27699 -1621
Location: 4401 Reedy Creek Road, Raleigh, North Carolina 27607
Phone: [phone] l FAX: 919 - 743 -8517
Intemet: portal.ncdenr.org /weh/wg1home
An Equal OpportunitylAffirmative Action Employer