NC0072575_Response to Comment_20230103

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
Daniel Shaw
Pilgrim's Pride Corporation
484 Zimmerman Rd
Sanford, NC 27330-4260
Dear Mr. Shaw,
NORTH CAROLINA
Environmental Quality
December 20, 2022
Subject: Response to Concerns Raised on NPDES Reporting
NPDES Permit NC0072575
Pilgrim's Pride Corporation
Sanford Processing Plant
Lee County
The Division of Water Resources (DWR) appreciate you bringing your concerns to our attention.
DWR staff undertook a review of the facts surrounding the Notice of Violation (NOV) issued on
August 23, 2022, as well as the other items brought to our attention. Below is a listing of our
findings.
Pilgrim's Pride Corporation — Sanford Processing Plant
NPDES Permit No. NC0072575 — NOV/NOI Case No. NOV-2022-MV-0106
• On May 24, 2022, Pilgrim's Pride Corporation submitted an April 2022 eDMR report for
their Sanford Processing Plant.
• The April eDMR was missing data for Total Hardness that is required in the NPDES
permit (NC0072575).
• DWR issued an NOV to Pilgrim's Pride Corporation for a monitoring frequency violation
on August 23, 2022.
• On August 31, 2022, Tina Pedley of Pilgrim's Pride Corporation contacted Josh Brigham
of DWR's Raleigh Regional Office (RRO) about the issued NOV. Ms. Pedley indicated
that the required Total Hardness sampling was performed, but the result was not reported
properly on the eDMR.
• On August 31, 2022, the permittee updated their April 2022 eDMR report and added the
effluent Total Hardness data appropriately.
• On September 15, 2022. Ms. Pedley followed up with RRO staff to determine further
developments with the NOV.
D_E _
NOWFICAROLNA
oep.ronencmEnvironmental nwnr
North Carolina Department of Environmental Quality 1 Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh. North Carolina 27699-1617
919.707.9000

• On September 29, 2022, Vanessa Manuel of RRO responded to Ms. Pedley and indicated
that RRO would review the written response. Ms. Manuel also indicated that standard
procedure for corrections of self -monitoring data was for DWR to take no further action
and close the compliance action.
• Pilgrim's Pride Corporation contacted the DWR Director regarding the NOV and
requested rescission.
• In addition to the aforementioned NOV, Pilgrim's Pride also raised concerns about
inaccurate data having been reported by the Town of Parkton for pH, and a collections
letter sent to Pilgrim's Pride that was for another permit.
Town of Parkton — Parkton WWTP
NPDES Permit No. NC0026921 — NOV Case No. NOV-2022-LM-0042
• On June 23, 2022, DWR issued a NOV for a limit exceedance violation and monitoring
violations to the Town of Parkton for their waste treatment facility. The violations were
based on data submitted by the Town of Parkton.
• DWR staff has reviewed the eDMR report for April 2022 and found that the reported
value for pH (of 24) on April 15, 2022, had been filed in incorrectly. The reported value
of 24 was entered by the Town's ORC incorrectly in the column for pH instead of the
appropriate column for Total Residual Chlorine (TRC).
Kennedy Terrell Apartments LP — Crystal Lake WWTP
NPDES Permit No. NC0057525 — Enforcement Case No. LV-2021-0521
• On April 13, 2022, DWR sent out a letter to address an unpaid civil penalty assessment
for Kennedy Terrell Apartments LP — Crystal Lake WWTP.
• The NPDES permit number on the letter was NC0072575, while the correct permit
number should have been NC0057525. This was an accidental error committed by staff.
• All other information presented in the letter was accurate. The letter was delivered to the
correct recipient and the civil penalty has been paid. Laserfiche has been updated and this
letter has been placed in the correct facility's folder.
According to the 2019 DWR guidance for Tiered Enforcement, failure to provide monitoring
data is considered a Tier 2 violation of the NPDES permit, and a Notice of Violation (NOV) is to
be issued for this type of violation. It's our determination that the NOV issued on August 31,
2022, to Pilgrim's Pride was in accordance with our standard operation procedures.
NORTH !;AROLMA
Dne em a Enviro eRYlalGully
North Carolina Department of Environmental Quality 1 Division of Water Resources
512 North Salisbur Street 11617 Mail Service Center 1 Raleigh. North Carolina 27699-1617
919.707.9000

Based on our review, we have determined that staff has followed proper procedures for all three
cases discussed above, except for a minor typographical error (that was subsequently corrected).
We do not believe that a recission of the NOV issued to Pilgrim's Pride Corporation is
warranted. We trust this correspondence has addressed all your concerns.
If you have any other concerns regarding this issue, please contact John Hennessy at 919-707-
3615 or via email [[e-mail]].
Sincerely,
Richard E. Rogers, Jr.
Director, Division of Water Resources
cc: NPDES files
NCDEQ Raleigh Regional Office — Water Quality Regional Operations
Pilgrim's Pride Corporation - Tina Pedley [[e-mail]]
NORTH D
neperta tofEmxmmrenroi
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000