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Home My WebLink AboutNC0001376_NOV-2023-PC-0524_20231023DocuSign Envelope ID: 97DEA55A-E1A1-4565-B171-7B5799B1D3F0 ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director Certified Mail # 7017 2680 0000 2237 3321 Return Receipt Requested Mr. Gordon Eugene Boyce Riverplace IV, LLC 313 Woodcliff Rd Raleigh, NC 27609 Dear Mr. Boyce, NORTH CAROLINA Environmental Quality October 23, 2023 Subject: Notice of Violation & Notice of Intent to Enforce NOV-2023-PC-0524 Reconnaissance and Sampling Inspection Riverplace WWTP NPDES Permit NC0001376 Wake County The Riverplace wastewater treatment plant (WWTP) is located at 9701 Capital Boulevard and is a Grade III activated sludge wastewater treatment plant that is permitted to treat domestic wastewater and is authorized to discharge the treated wastewater through outfall 001 into the Neuse River, a waterbody classified as C Nutrient Sensitive Waters within the Neuse River Basin. Although the wastewater treatment plant is not in operation, as of the date of this letter, the NPDES permit for Riverplace WWTP, NC0001376, ("Permit") is still in effect. It has never been closed out as required by the terms and conditions specified within the Permit (Part III, Section D. Facility Closure Requirements). The Permittee must comply with all terms and requirements of the Permit as well as applicable regulations. On February 23, 2023, staff from the DWR Raleigh Regional Office conducted an inspection at Riverplace WWTP and observed a discharge from the effluent flume and outfall (see photos on Attachment 1).1 A review of the facility's self -monitoring report for February 2023 showed that no monitoring was conducted, no discharge is indicated, and the operator's only visit to the facility was on February 23, 2023. Failure to monitor required parameters specified in the Permit while discharging to the Neuse River is a violation of Section A. (1.) of the Permit. During their inspection, DWR staff collected samples of the discharge at the effluent flume and outfall, and analytical results confirmed levels of Total Nitrogen present in the discharge (see Table 1 below). Discharge of Total Nitrogen, in any amount, is a violation of the NPDES permit for Riverplace WWTP because the Nitrogen credits were sold, and the facility is not permitted to discharge Total Nitrogen. i Note that if the facility did not have a Permit, it would be in violation NCGS 153-215.1 for discharging pollutants to surface water without a permit. E NORTH CAROLINAD � Depa ,M NE,Amnm WlOual� North Carolina Department of Environmental Quality I Division of Water Resources Raleigh Regional Office 1 3800 Barrett Drive I Raleigh, North Carolina 27609 919.791.4200 DocuSign Envelope ID: 97DEA55A-E1A1-4565-B171-7B5799B1D3F0 Table 1. Analytical results of conventional parameters BOD TSS NH3-N Fecal TKN Nitrite/Nitrate TN Location TP mg/L mg/L mg/L mg/L Coliform mg/L mg/L mg/L Effluent 0.03* 5.7(45) 67 (45) 0.06 20 (400) 0.68 1.4 2.08(0) Flume* (2**) Outfall 5.3 305 <0.05 68 1.7 0.57 2.27 0.39 * Effluent limits (daily maximum) in parenthesis **Monthly average limit North Carolina Administrative Code Title 15A Subchapter 08G Section .0204(2)(b) and Part II Section C(1) of the Permit requires an Operator in Responsible Charge to visit a Grade III biological water pollution control system at least five days per week, excluding holidays. The self -monitoring reports (eDMRs) reviewed from September 2022 through August 2023 revealed the absence of the Operator Arrival Time, Operator Time on Site, and ORC On Site status for the following months: April, June, July and August 2023. The remaining months indicate only one visit per month by the ORC. Failure to ensure that the operator visits the facility at least five days per week is a violation of 15A NCAC 08G .0204(2) (b) and the Permit, Part II Section C(1). SUMMARY OF VIOLATONS As a result of the site visit and subsequent review of the self -monitoring reports, the following violations are noted: 1. The permittee failed to monitor the discharge as required by Section A. (1.) of the Permit. 2. The permittee violated the effluent limits in the Permit, Section A. (1.), by allowing the discharge of Total Nitrogen. 3. The permittee failed to ensure the designated operator visit the facility five days per week as required by 15A NCAC 08G .0204(2)(b) and the Permit, Part II Section C(1). A Notice of Violation and Notice of Intent to Enforce is being issued for the noted violation of North Carolina General Statute (G.S.) 143 215.1 and the facility's NPDES permit. Pursuant to G.S. 143 215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143 215.1. ACTIONS REQUIRED To comply with the Permit and 15A NCAC 08G .0204(2) (b), the following actions are required: 1. Monitor the outfall as required by Section A. (1.) of the Permit, and if there is a discharge flow, then collect and analyze the samples for the parameters listed in the Permit. 2. Ensure the designated operator is visiting the facility at least five days per week and documenting the visitation on the self -monitoring reports. 3. Ensure there is no discharge of Total Nitrogen. If you wish to provide additional information regarding the noted violations, request technical assistance, or discuss overall compliance please respond in writing within ten (10) business days after receipt of this Notice. A review of your response will be considered along with any additional information provided. You will then be notified of any civil penalties that may be assessed regarding the violations. If no response is received in this Office within the 10-day period, a civil penalty assessment may be prepared. � North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611 NORTH CAROLINA .mm�ro��auei� r 919.707.9000 DocuSign Envelope ID: 97DEA55A-E1A1-4565-B171-7B5799B1D3F0 If you have any questions concerning this matter, please contact Cheng Zhang of the Raleigh Regional Office at 919-791-4200. Sincerely, ocuSigned by: E�D a f, �l.atn.ta 2916E6AB32144F... Vanessa E. Manuel, Assistant Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ Cc: Laserfiche D � �� North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611 NORTH CAROLINA ��` 919.707.9000 nnpn .mo EnWromm�nfal nual DocuSign Envelope ID: 97DEA55A-E1A1-4565-B171-7B5799B1D3F0 ATTACHMENT 1 Pagel of 3 Discharge at effluent Parshall flume D � �� North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611 NORTH CAROLINA ��` 919.707.9000 nnpn .mo EnWromm�nfal nual DocuSign Envelope ID: 97DEA55A-E1A1-4565-B171-7B5799B1D3F0 ATTACHMENT 1 Page 2 of 3 K Discharge at outfall box D � �� North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611 NORTH CAROLINA ��` 919.707.9000 nnpn .mo EnWromm�nfal nual DocuSign Envelope ID: 97DEA55A-E1A1-4565-B171-7B5799B1D3F0 ATTACHMENT 1 Page 3 of 3 Discharge inside outfall box D � �� North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611 NORTH CAROLINA ��` 919.707.9000 nnpn .mo EnWromm�nfal nual