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Home My WebLink AboutNC0021733_NOV2024PC0115_20240219 February 19, 2024 Aaron Haynie, Mayor Town of Marshall PO Box 548 Marshall, NC 28753-0548 SUBJECT: NOTICE OF VIOLATION Tracking Number: NOV-2024-PC-0115 Permit No. NC0021733 Marshall WWTP Madison County Dear Permittee: The North Carolina Division of Water Resources conducted an inspection of the Marshall WWTP on May 18, 2023. This inspection was conducted to verify that the facility is operating in compliance with the conditions and limitations specified in NPDES WW Permit No. NC0021733. A summary of the findings and comments noted during the inspection are provided in the enclosed copy of the inspection report. The Pretreatment Compliance inspection was conducted by Division of Water Resources staff from the Asheville Regional Office. The following violation(s) were noted during the inspection: Inspection Area Description of Violation _________________________________________________________________________________________________________________________________________________________________________ Pretreatment Notice of Violation for lack of identification and enforcement of IUP violations. _________________________________________________________________________________________________________________________________________________________________________ Remedial actions should have already been taken to correct this problem and prevent further occurrences in the future. The Division of Water Resources may pursue enforcement action for this and any additional violations of State law. DocuSign Envelope ID: 341CE86F-6F28-415D-9636-454C2ECD0C7E To prevent further action, please respond in writing to this office within 30 days upon your receipt of this Notice of Violation regarding your plans or measures to be taken to address the indicated violations and other identified issues, if applicable. If you should have any questions, please do not hesitate to contact me at the Asheville Regional Office at 828-296-4500. Sincerely, Daniel Boss, Assistant Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ ATTACHMENTS Ec: Laserfiche DocuSign Envelope ID: 341CE86F-6F28-415D-9636-454C2ECD0C7E NC DWR Pretreatment Compliance Inspection (PCI) Form Updated December 2016 Page 1 NORTH CAROLINA DIVISION OF WATER RESOURCES PRETREATMENT COMPLIANCE INSPECTION (PCI) REPORT BACKGROUND INFORMATION [Complete Prior To PCI; Review Program Info Database Sheet(s)] 1. Control Authority (POTW) Name: Town of Marshall________________ 2. Control Authority Representative(s): Don Byers________ 3. Title(s):Pretreatment Coordinator/ORC______________________________ 4. Last Inspection Date: 9/13/2022____________ Inspection Type (Check One): PCI Audit 5. Has Program Completed All Requirements from the Previous Inspection and Program Info Sheet(s)? YES NO 6. Is POTW under an Order That Includes Pretreatment Conditions? YES NO Order Type, Number, Parameters: _______________________________ Are Milestone Dates Being Met? YES NO ICIS CODING Main Program Permit Number MM/DD/YY | N | C | 0 | 0 | 2 | 1 | 7 | 3 | 3 | | 05 | 18 | 2023 | 7. Current Number Of Significant Industrial Users (SIUs)? 1 8. Number of SIUs With No IUP, or With an Expired IUP ? 0 9. Number of SIUs Not Inspected By POTW in the Last Calendar Year? 0 10. Number of SIUs Not Sampled By POTW in the Last Calendar Year? 0 11. Number of SIUs In SNC For Limits Violations During Either of the Last 2 Semi-Annual Periods? 0 12. Number of SIUs in SNC For Reporting During Either of the Last 2 Semi-Annual Periods? 0 13. Number of SIUs in SNC with Pretreatment Schedule? 0 14. Number of SIUs on Schedules? 0 15. Current Number Of Categorical Industrial Users (CIUs)? 1 16. Number of CIUs in SNC? 1 POTW INTERVIEW 17. Since the Last PCI, has the POTW had any NPDES Limits Violations? If Yes, What are the Parameters and How are these Problems Being Addressed? YES NO 18. Since the Last PCI, has the POTW had any Problems Related to an Industrial Discharge (Interference, Pass-Through, Blockage, Citizens’ Complaints, Increased Sludge Production, Etc.)? If Yes, How are these Problems Being Addressed? YES NO 19. Which Industries have been in SNC for Limits or Reporting during either of the Last 2 Semi-Annual Periods? Not Been Published for Public Notice?(May refer to PAR if Excessive SIUs in SNC) SNC for Limits:0 SNC for Reporting:0 Not Published: 20. Which Industries are on Compliance Schedules or Orders? For all SIUs on an Order, Has a Signed Copy of the Order been sent to the Division? None 21. Are Any Permits or Civil Penalties Currently Under Adjudication? If Yes, Which Ones? YES NO LTMP/STMP FILE REVIEW: 22. Is LTMP/STMP Monitoring Being Conducted at Appropriate Locations and Frequencies? YES NO 23. Are Correct Detection Levels being used for all LTMP/STMP Monitoring? YES NO 24. Is LTMP/STMP Data Maintained in a Table or Equivalent? YES NO Is Table Adequate? YES NO 25. All LTMP/STMP effluent data reported on Discharge Monitoring Report? YES NO Division Inspector, please verify yourself! 26. If NO to 23 - 26, list violations _______________________________________________________________________________ 27. Should any Pollutants of Concern be Eliminated from or Added to LTMP/STMP? YES NO DocuSign Envelope ID: 341CE86F-6F28-415D-9636-454C2ECD0C7E NC DWR Pretreatment Compliance Inspection (PCI) Form Updated December 2016 Page 2 28. PRETREATMENT PROGRAM ELEMENTS REVIEW- Please review POTW files, verify POTW has copy of Program Element in their files, complete with supporting documents and copy of PERCS Approval Letter, and dates consistent with Program Info: Program Element Last Submittal Date In file? Last Approval Date In file Date Next Due, If Applicable Headworks Analysis (HWA) 2/25/2021 Yes No 7/21/2023 Yes No Industrial Waste Survey (IWS) Yes No 1/9/2019 Yes No 12/31/2023 Sewer Use Ordinance (SUO) Yes No 1/21/2014 Yes No Enforcement Response Plan (ERP) 7/9/2020 Yes No 9/23/2020 Yes No Long Term Monitoring Plan (LTMP) 5/22/2011 Yes No 8/11/2011 Yes No ________________________________________________________________________________________________________________ INDUSTRIAL USER PERMIT (IUP) FILE REVIEW (3 IUP FILE REVIEWS OR 1 FILE REVIEW AND 1 IU INSPECTION) 29. User Name 1. Derringer-Ney 2. 3. 30. IUP Number 0001 31. Does File Contain Current Permit? Yes No Yes No Yes No 32. Permit Expiration Date 4/15/2025 33. Categorical Standard Applied (I.E. 40 CFR, Etc.) Or N/A 468.14, 471.44 34. Does File Contain Permit Application Completed Within One Year Prior to Permit Issue Date? Yes No Yes No Yes No 35. Does File Contain an Inspection Completed Within Last Calendar Year? Yes No Yes No Yes No 36. a. Does the File Contain a Slug/Spill Control Plan? b. If No, is One Needed? (See Inspection Form from POTW) a. Yes No b. Yes No a. Yes No b. Yes No a. Yes No b. Yes No 37. For 40 CFR 413 and 433 TTO Certification, Does File Contain a Toxic Organic Management Plan (TOMP)? Yes No N/A Yes No N/A Yes No N/A 38. a. Does File Contain Original Permit Review Letter from the Division? b. All Issues Resolved? a. Yes No b.Yes No N/A a. Yes No b.Yes No N/A a. Yes No b.Yes No N/A 39. During the Most Recent Semi-Annual Period, Did the POTW Complete its Sampling as Required by IUP, including flow? Yes No Yes No Yes No 40. Does File Contain POTW Sampling Chain-Of-Custody Forms? Yes No Yes No Yes No 41. During the Most Recent Semi-Annual Period, Did the SIU Complete its Sampling as Required by IUP, including flow? Yes No N/A Yes No N/A Yes No N/A 41b. During the Most Recent Semi-Annual Period, Did SIU submit all reports on time? Yes No N/A Yes No N/A Yes No N/A 42a. For categorical IUs with Combined Wastestream Formula (CWF), doe s file include process/dilution flows as Required by IUP? Yes No N/A Yes No N/A Yes No N/A 42b. For categorical IUs with Production based limits, does file include production rates and/or flows as Required by IUP? Yes No N/A Yes No N/A Yes No N/A 43a. During the Most Recent Semi-Annual Period, Did the POTW Identify All Limits Non-Compliance from Both POTW and SIU Sampling? Yes No Yes No Yes No 43b. During the Most Recent Semi-Annual Period, Did the POTW Identify All Reporting Non-Compliance from SIU Sampling? Yes No N/A Yes No N/A Yes No N/A 44. a. Was the POTW Notified by SIU (Within 24 Hours) of All Self- Monitoring Violations? b. Did Industry Resample and submit results to POTW Within 30 Days? c. If applicable, Did POTW resample within 30 days of becoming aware of SIU limit violations in the POTW’s sampling of the SIU? a.Yes No N/A b.Yes No N/A c.Yes No N/A a.Yes No N/A b.Yes No N/A c.Yes No N/A a.Yes No N/A b.Yes No N/A c.Yes No N/A 46. During the Most Recent Semi-Annual Period, Was the SIU in SNC? Yes No Yes No Yes No 47. During the Most Recent Semi-Annual Period, Was Enforcement Taken as Specified in the POTW's ERP (NOVs, Penalties, timing, etc.)? Yes No N/A Yes No N/A Yes No N/A 48. Does the File Contain Penalty Assessment Notices? Yes No N/A Yes No N/A Yes No N/A 49. Does The File Contain Proof Of Penalty Collection? Yes No N/A Yes No N/A Yes No N/A 50. a. Does the File Contain Any Current Enforcement Orders? b. Is SIU in Compliance with Order? a.Yes No N/A b.Yes No N/A a.Yes No N/A b.Yes No N/A a.Yes No N/A b.Yes No N/A 51. Did the POTW Representative Have Difficulty in Obtaining Any of This Requested Information For You? Yes No Yes No Yes No DocuSign Envelope ID: 341CE86F-6F28-415D-9636-454C2ECD0C7E NC DWR Pretreatment Compliance Inspection (PCI) Form Updated December 2016 Page 3 FILE REVIEW COMMENTS: 22-27: Inspectors were not provided with data to assess how well the STMP was being followed/conducted. 43a. Mr. Byers incorrectly believed that monthly limits on the SIU permit were not applicable to the samples. There was one cadmium violation from the SIU’s sample on 2.16.2023 Monthly limit= .078 mg/L, sample measured .1778 mg/L. There were four more limit violations of cadmium measured by the POTW’s samples as well as 2 copper violations. INDUSTRY INSPECTION ICIS CODING: Main Program Permit Number MM/DD/YY | | | | | | | | | | | | | | 1. Industry Inspected:________________________________________________________________________________________ 2. Industry Address:__________________________________________________________________________________________ 3. Type of Industry/Product:___________________________________________________________________________________ 4. Industry Contact:________________________________________Title:_____________________________________________ Phone:__________________________________________Fax:_____________________________________________ 5. Does the POTW Use the Division Model Inspection Form or Equivalent? YES NO 6. Did the POTW Contact Conduct the Following Parts of the Industrial Inspection Thoroughly? Comments: A. Initial Interview YES NO B. Plant Tour YES NO C. Pretreatment Tour YES NO D. Sampling Review YES NO E. Exit Interview YES NO Industrial Inspection Comments: OVERALL SUMMARY AND COMMENTS: Comments: Mr. Byers missed several violations from 2022 because he believed that the daily limit did not apply if sampling was just once per month.____________________________________________________________________________________ Requirements: Begin identifying monthly limit exceedances as violations and follow the enforcement response plan accordingly. __________________________________________________________________________________________________________ Recommendations: ____________________________________________________________________________________________ __________________________________________________________________________________________________________ NOD: YES NO NOV: YES NO QNCR: YES NO POTW Rating: Satisfactory Marginal UnSatisfactory X PCI COMPLETED BY: Daniel Boss Mara Chamlee DATE: ______________________________________ DocuSign Envelope ID: 341CE86F-6F28-415D-9636-454C2ECD0C7E 2/19/2024 2/19/2024 NC DWR Pretreatment Compliance Inspection (PCI) Form Updated December 2016 Page 4 DocuSign Envelope ID: 341CE86F-6F28-415D-9636-454C2ECD0C7E EPA United States Environmental Protection Agency Washington, D.C. 20460 Water Compliance Inspection Report Form Approved. OMB No. 2040-0057 Approval expires 8-31-98 Section A: National Data System Coding (i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 N 52 NC0021733 23/05/18 P S31112171819 20 21 66 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ----------------------Reserved------------------- N67707172 73 74 75 80 Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include POTW name and NPDES permit Number) Marshall WWTP Blannahassett Is Rd Marshall NC 28753 Entry Time/Date Permit Effective Date Exit Time/Date Permit Expiration Date 10:00AM 23/05/18 22/07/01 Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) /// Donald G Byers/ORC// Other Facility Data 12:00PM 23/05/18 26/09/30 Name, Address of Responsible Official/Title/Phone and Fax Number Donald G Byers,238 Brown Rd Pisgah Forest NC 287689622//828-577-9916/Contacted No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Pretreatment Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s) and Signature(s) of Inspector(s)Agency/Office/Phone and Fax Numbers Date Mara G Chamlee DWR/ARO WQ/828-296-4500/ Daniel J Boss DWR/ARO WQ/828-296-4658/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page#1 DocuSign Envelope ID: 341CE86F-6F28-415D-9636-454C2ECD0C7E 2/19/2024 2/19/2024 NPDES yr/mo/day 23/05/18 Inspection Type P3111218 1 Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) On 5/18/2023 Mara Chamlee and Daniel Boss conducted a Pretreatment Compliance Inspection of the Town of Marshall's Pretreatment Program. Several limits violations by the SIU Derringer Ney were not identified or enforced. Please see PCI report for details. NC0021733 17 Page#2 DocuSign Envelope ID: 341CE86F-6F28-415D-9636-454C2ECD0C7E Permit:NC0021733 Inspection Date:05/18/2023 Owner - Facility: Inspection Type: Marshall WWTP Pretreatment Compliance Yes No NA NE Page#3 DocuSign Envelope ID: 341CE86F-6F28-415D-9636-454C2ECD0C7E