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Home My WebLink AboutNC0026123_compliance_20060302CCttp of Zkbeboro 146 -Qortb Cburrb 6treet ® 39ox 1106 Z(gheboro, _Q. C. 27204-1t06 March 2, 2006 Mr. Charles H. Weaver, Jr. North Carolina DENR Division of Water Quality Point Source Branch 1617 Mail Service Center Raleigh, NC 27699-1617 Re: Response to Notice of Violation dated February 10, 2005 Dear Mr. Weaver: T,el: 336 -626 -1201 ,fax: 336 -626 -1218 This letter is written in response to the Notice of Violation dated February 10, 2006 for the December, 2005 - Discharge Monitoring Report, NPDES Permit No. NC0026123. Several extenuating circumstances contributed to the "Failure' of toxicity and ultimately triggered elevated copper and zinc levels in the effluent. Historic records for toxicity, copper and zinc data clearly indicate that this was not a representative sampling event for the City of Asheboro WWTP. Unannounced to the City of Asheboro WWTP staff, a contractor was applying an herbicide to control root growth in the collection system outfalls for two weeks leading up to the toxicity sampling event. A Material Safety Data Sheet (MSDS) for the chemical, Diquat Dibromide, which was applied to the collection system is enclosed. As described in the MSDS, this chemical is toxic to fish and wildlife, which we feel contributed to the "Failure'. Due to the December "Failure" of toxicity the following additional sampling has been conducted and results are as follows. 1-8-06 = Pass Chronic Ceriodaphnia NEOC >100% Pass Fathead Minnow Multi -concentration 2-5-06 = Pass Chronic Ceriodaphnia NEOC >92% Pass Fathead Minnow Multi -concentration On December 15, 2005 the WWTP received excessive rainfall of 2.08 inches. The influent flow at the treatment plant exceeded 14 MGD for more than 10 hours and an average influent flow of 'Nome of Ni (E Zoologiral TJarh Page 2 March 2, 2006 8.96 MGD was recorded. The normal average flow for 2005 was 4.3 MGD and the design capacity is 9.0 MGD. In addition, the Asheboro area was expecting frozen precipitation, therefore salt brine was applied to the streets on December 14. Due to the excessive flow and other extenuating factors the following effluent results were obtained. 12-15-06 BOD 35 mg/l Ammonia 3.1 mg/1 Total Suspended Solids 228 mg/l Copper 92 mg/1 Zinc 126 mg/l This data is not representative of normal effluent results for the City of Asheboro WWTP. The increase in total suspended solids is a strong contributor to the elevated copper and zinc results. The City understands your concern about the elevated effluent copper and zinc level on December 15. However, the sample was non -representative of the normal effluent of this facility. We feel that data for one day should not warrant the requirement of a numeric limit for effluent copper and zinc or in any way affect our upcoming NPDES permit renewal, based on the following historical data. Historic data show a decrease in copper and zinc levels. 2005 Annual Avg.(excluding 12-15-05) Copper —11.9 mg/l Zinc - 27.8 mg/1 2004 Annual Avg. Copper —13.1 mg/l Zinc — 35.2 mg/l 2003 Annual Avg. Copper —15.8 mg/1 Zinc — 43.5 mg/l If you have any questions, comments or concerns please contact me at 336-626-1234, ext. 2210. Sincerely, Michael D. Rhoney Director of Water Resources Enclosure Oc:t 20 2004 10:09RM DUKES 3154754203 4 5 Sewer Sciences, Inc. RazoRooterrm II MATERIAL SAFETY DATA SHEET C�,hemic'u�i UsefP rl r Z004 N 2 o- bcf /Cu ke f s TZocd Can- 61 Product Name: RazorooterTM 11 Common Name: Chemical Family.. Herrcide _ EPA Registratio n Number. CAS No.: 85 130-7 Emergency Telephone Number: Transportatten424 Hours) CHEM7REC: 80D-42a9300 Outside the United States call 202483-761S.(collec1 calls accepted.) low. r r HwWalha Blvd., West Syracuse, NY r 315-472-4781 Current Revision: rr st OSHA ACGIH NTPAJIARGIOSHA INGREDIENT PEL T r Other Carcin en Diqu%. dibnimide (37.3%) Not Established' - '0.5 mgjm3 TWA (total 0.5 mg/m'TWA*' . No dust); O.DDmgtm' TWA (respirable dust) recommended by NIOSH Ingredients not precisely identified are proprietary or non -hazardous. Values are not product specifications. Symptoms of Acute Exposure Harmful if inhaled or swallowed. Dust, mist or vapor Irritating to eyes and respiratory traoL May cause skin irritation. Hazardous Decomposition Products Can decompose at high tempemNres Torning tmdc gases. Flammable hydrogen gas may be formed on contact vath aluminum. See 'Conditions to Avoid'. section 10. Physical Properties Appearance: Dark brown liquid Odor: Odorless Unusual Fire,'Fxplosion and Reactivily-Hazards T.his?r0duci may loan flammable and explosive hydrogen gas when in contact with aluminum a � tngestion: If swallowed, Call Proaar (800-2917561), a poison control center or doctor immediately for treatment. Have the person sip a glass of water if able to swallow. Do notmduce vomiting unless told to do so after contacting Pmsar (800-291-7651) or by a poison control center or doctor. Do not give anything by mouth to an unconscious person. DUKES 3154754203 Sewer. -Sciences, Inc. ItazoRooter m it Page 2 of 6 P.3 Eye Contact: Hold eyp open and rinse slowly and gently Withwater for 15-20 minute& Remove contact lenses, if present after 5 minutes, then continue rising aye. Call Prosar (800-291-7661), a Poison control center or doctor fortreatment advice. Skin Contact: Takeoff contaminated clothing. Rinse skin immediately with plenty ofwater for 15 2D minutes. Call Prosar (800-291-7661), a poison control center or doctor for treatment advice. Inhalation: Move person to fi sh air. It person is not breathing call 911 or an ambulance, then give artificial respiration, preferably mouth-to-mouth if possible- Call Prosar (600-291-7661), a poison control center or doctor for further treatment advice. Nole to Physician: There is no spec antidote if this product is ingested. Medical Conditions Likely to be Aggravated by Exposure: None known FOR 24-H6UR EMERGENCY MEDICAL ASSISTANCE CALL PROSAR 1-800-291-7661 MEM Fire and Explosion: Flash point (Test Method) NIA Flammable Limits (% in Air) - Lower, % WA . Lipper. °k NIA _ Autolgnhion Temperature: NIA Flammability: NJA- Unusual Fire and Explosion Hazards: Thia product may to= flammable and explosive hydrogen gas when in contact with aluminum. In Case of Fire: Use dry chemical, foam or CO2 extinguishing media. Wear full protective clothing and self- contained breathing apparatus. Evacuate nonessential personnel from the area to prevent human exposure to fire, smoke, fumes orpraducts of combustion. Prevent use of contaminated buildings, area, and equipment until decontaminated. Weler runoff can cause environmental damage. If water is used to fight fee, dike and collect nurotf. ��.�'■ h�i x✓•`[��ht:aanac "aa4.=ans�mzu In Casa of Spill or Leak: Control the spill at its source. Contain the spill to prevent it f mm spreading. contaminating soil, or entering sewage and drainage systems or any body of water. Clean up spills immediately, observing precautions outlined 'in Seclion B. If a solid, sweep upmaterial and place into a compatible disposal container. Scrub area with hard water detergent (e-9. commercial produris such as Tide, Joy, Spic and Span). Pick up wash liquid with additionalabsorbent and place into compatible disposal donOinar. Once all material is cleaned up and placed ins disposat container- Seal container; and arrange for disposition. This product reacts with aluminum to produce flammable.hydrogen gas. Do not mix Or store in containers or systems made of aluminum or having aluminum fittings. Store the material in a well -ventilated, secure area out of the reach of children and basso use, an-Tmnd sme Donwl'st�n� areas beverages or tobacco products in the storage area: Prevent eating, drinking. where there is a potential for exposure to the material. Wash thoroughly with soap and water after handling. Oct_,20 2OD4 10:10RN DUKES 31547S4203 P.4 Sewe ,,, .ciences, Inc. Page 3 of RazoRooterTm !I THE FOLLOWING RECOMMENDATIONS FOR EXPOSURE CONTROLSIPERSONAL PROTECTION ARE INTE74DFO FOR THE MANUFACTURE, FORMULATION AND PACKAGING OF THE PRODUCT. FOR COMMERCIAL APPLICATIONS AND ON -FARM APPLICATIONS CONSULTTHE PRODUCT LABEL Ingesticnc Prevent eating, drinking, tobacco usage and cosmetic application in areas where thole is a potential for exposure to the material Wash thoroughly with soap and water after handling. Eye Contact. Where eye contact is likely, use chemical splash goggles. Facilities stating or utilizing this material should be equipped with an eyewashfacility, and a safety shower. Skin Contact:' - Where contact islkely, wear Chemical -resistant (such as nitrile or butyl) gloves, coveralls, socks and chemlcal4esistant footwear. For overhead exposure, wear chamimbresistant headgear. Inhalation Use process enclosures, local exhaust ventilation, or other engineering controls to keep airborne levels below exposure limits. A NIOSHcedified combination air -purifying lespiratorwilh an N,P or R 95 or HE class filter and an organic vapor cartridge may ba.permissible under retrain circumstances where airborne concentrations are expected to exceed exposure limits. Protection provided by air -purifying respirators is limited. Use a pressure demand atmospheresupplying respirator If there is any potential for uncontrolled release, exposure levelsare not known, or under any other circumstances where air -purifying respirators may not provide adequate protection. Appearance: Odor. . Melting Point. Boiling Point: Specific 6ravityfOansiy: pH: Solubility in H2O: Vapor Pressure: - Deck Brown Liquid Odorless No Data Available No Data Available 1.20 g/mL @ 68'F (20'C) 46 Dlquat dibromide 718,000 mgrL @ 68`F (20'C) and pH T2 Diquat dibromide <lo(-a) mmHg 77'F (Z5'C) Stability: . Stable under normal use and storage conditions. Hazardous Polymerization: Will not occur. Conditions to Avoid: Concentrate should not be stored in aluminum containers. Spray solutions should not be mixed, stored or applied in containers other than praslic, plast o,lined steel, stainless steel or fiberglass. Materials to Avoid: Strong alkalis and anlonicwetting agents (e.g., alkyl and alkyiaryl sutfonales). Corrosive to aluminum. Hazardous Decomposition Products: Can decompose at high temperatures forming tozogases. Flammable hydrogen gas may be formed on contact with aluminum. Sea -Conditions to Avoid', Section 1 D. OGt. 20 2004 10:11AM DUKES 3154754203 p.b 4er:Scie.nces, Inc. izoRooter m II Acute To(ridtyliritafion Studies (Finished Product) Ingestion: NeurotoxiCity Repmdudive Ellects Dermal: Inhalation: Eye Contact: Skin C intack Skin Sensitization: Diquat dibromide: Diquat dibromide Slightly Toxic Oral (LD50 Rat) Moderately Toxic .. Dermal (LDSDRabbil) Moderately Toxic Inhalation (LC50 Rat) Irritant Nat Available Not Available Page 4 of 6 = sOD rDg/k g body weight = 260 mg/l<q body weight = 0.121 mg/I air— 4 hours No evidence for neuroloxic effects in rats dosed up to 4170 ppm ion in the diet for 13 weeks Mulagenidly: No evidence in in vivo assays. DevelopmerrtToxioity: In rabbit studies a smail,peroentaga of fetuses have mirror defects at 3 and 10 mg ion/kgrd. , ChronlatSubchronie Toxicity Studies Diquat dibromide: Kidney weight decreases and cataracts seen in dogs at 12.5 mg ion/kg/d Carcinogenicity Diquat dibromide: No evidence of carcinogenicity in rat and mouse studies. Other Toxicity Information None Toxicity of Other Components Not Applicable Target Organs Active Ingredients Diquat dibrornida EyeNot, kidney ble Ined Ingredients gam Summary of Effects Diquat dibromide This material is toxic to fish and wildlife. Eco-Acute Toxicity . Diquat dibromide, Rainbow Trout 96 hours LC50 21mg1L Mirror Carp 96 hours LC50 67 mg& Eco-Chronic Toxicity Diquatdibromide Nol Available Environmental Fate Diquat dibromide No data 2i4adable for the fornulailon. The Information presented hem is for the active ingredient, diquat dibromide. Sorption Rxtramely tightly absorbed to (negatively -charged) soil particles due to its dieatianiC nature. Diquat is primarily absorbed to day, less so to OM. Diquat bound to soil is unavailable for plant uptake and is largely unavakable to soil microbes. Koc: Average is 1.ODO,OW mVg (estimated) Pholodegmdation: Losses probably occur on sprayed leaf surfaces and on dead and degying vegetation. - Photochemicai decomposition of diquat has been measured in the lab by irradliting thin layers of soil, but has not been unequivocally demonstrated under field conditions. Qct. ,-20 2004 10: 12AM DUKES 3154754203 p • 6 Sewer •Scie'nces, Inc. Page 5of RazoRoo#erm f� Other degradation: Certain microbe species in soil -less culture media decompose diquat. However•, they degradezliquat-bovnd to -soil slovgiy or not -at all. Persistence: Typical hal"Pe is 1000 d. Diquat is highly persistent due to strong binding to day and unavailability to microbes. Diquat in soil is not taken up by plants, so any crop can be seeded at any time after application. Mobility: Immobile in soil. Volatilization: No losses. Disposal: Do not reuse product containers unless product containers are certified for refilling. Disposb'of product corriainers, waste t ontairre, and residues according to local, stale, and federal heaRh and environmental regutations. Char*teristi16Wa51e:. Not Applicable Listed Waste: Not Applicable DOT Classification Corrosive liquid, n.o-s. (di"i dibronirde, 37.3%L 8. UN1760, PGIII. t RQ=1000 lbs. (450 kgs) B1L Freight Classification Herbicides, NOIBN . Cornmants Intemational Transportation Corrosive Liquid, •n.o.s. (diquat orbromtde. 37.3%), Class 8, UN1760, PGIII wwwwwom-aw EPCRA SARA True III Classification Section 31 U312 Hazard Classes: SedioP 313 Toxic Chemicals: Califomia Proposition 65 None CERCLAlSARA 302 Reportable Quantity (RO) None RCRA Hazardous Waste • Classification (40 CFR 261) Not Applicable TSCA Status Exempt from TSCA, subject to FIFRA Acute Health Hazard Chronic Health Hazard Not Applicable Oct 20 2004 10: 128M DUKES 3154754203 p•7 q e;S Sewer Sciences, Inc. Page 6 of RazoftoterT fl NFPA Hazard Rates HMIS Hazard Ratings 2 (] 1 Minemal Slight Health: 2 Heath: 1 2 Moderate Flsmmlily: y: 7 .FlarnmatArty: Inslabw.. 6 g Serious Insta6ililY: O 4 Extreme Sewer Sciences, Inc believes that the information and recommendations contained herein (including data and statements) are accurate as of the dstethereof. NO WARRANTY OF FITNESS FOR ANY PARTICULAR PURPOSE, WARRANTY OF MERCHANTABILITY, OR ANY OTHER WARRANTY, EXPRESS OR IMPLIED, IS MADE CONCERNING THE INFORMATION PROVIDED HEREIN. The information provided herein relates 10 the specific product designated and my not be valid where such product Is used in ccmbinalion with any other matWWS or in any process. Further, since the conditions and methods of use of -the product and of the inldmtation referred to herein are beyond ttte control or Sewer Sdences, Inc., Sewer Sciences, Inc. expressly disclaims any and all liability as to any results obtained or arisingtrm any use of the product or reliance on such information. aOF W ATFRO Michael F. Easley, Governor William G. Ross Jr., Secretary rNorth Carolina Department of Environment and Natural Resources � Y Alan W. Klimek, P.E., Director Division of Water Quality February 10,2006 CERTIFIED MAIL 7 Y A' 7-- 7 `t 10 — oao6 —3010 '6 a 9"/ RETURN RECEIPT REQUESTED Mr. John N. Ogburn City of Asheboro PO Box 1106 Asheboro, North Carolina 27204 SUBJECT: NOTICE OF VIOLATION Whole Effluent Toxicity (WET) Testing Copper and Zinc Action Level Policy NPDES Permit No. NC0026123 City of Asheboro W WTP Randolph County Dear Mr. Ogburn: This is to inform you that a review of your toxicity self -monitoring report form for the month of December 2005 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. In addition, this correspondence contains important information on the Division's Copper and Zinc Action Level Policy which is triggered by two or more toxicity limit violations that occur during the toxicity testing calendar quarter specified by the toxicity testing special condition of your NPDES Permit. Attachments addressing policy implementation and a copy of the Division's Toxicity Reduction Guidance have been included with this Notice of Violation. You should initiate follow-up toxicity testing upon a single WET test failure which occurs during the toxicity testing calendar quarter. Your facility is currently monitoring for copper and the data indicate that the level of copper in your effluent has the potential to cause an exceedance of the NC water quality action level for this parameter in your receiving stream during low stream flow conditions. The policy states that whenever a facility experiences two or more toxicity limit violations during a toxicity testing calendar quarter, the NPDES Permit will be modified to include numeric limits for copper and/or zinc UNLESS the permittee provides one or more of the following: 1. Instream 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 rules out copper as the cause of effluent toxicity 4. Demonstration by an alternative method approved by the Division and EPA that copper is not the cause of effluent toxicity NoonhCarofina Natitrall North Carolina Division of Water Quality 1621 Mail Service Center Raleigh, NC 27699-1621 Phone (919) 733-2136 Customer Service Internet: w esh.entstale.ne.us 4401 Reedy Creek Rd. Raleigh, NC 27607 FAX (919) 733-9959 1-877-623-6748 An Equal Opportunity/Alfirmahve Action Employer —50q Recycled/101% Post Consumer Paper Page 2 City of Asheboro WWTP February 10. 2006 The Division has evaluated your copper monitoring data. The Division has also developed a prospective NPDES permit limit based on your facility's instream waste concentration, the copper action level criterion and a translator procedure. Based on this data your prospective copper permit limit is 16 µg/L. The permittee, upon experiencing two or more toxicity limit violations during a toxicity testing calendar quarter must either provide DWQ with: a) Written notification indicating acceptance of the prospective copper permit limit. Notification is due within 30 days after the date of the second WET Notice of Violation. OR b) Written notification indicating your choice of option(s) as noted on page one of this correspondence. Notification is due within 30 days after the date of the second WET Notice of Violation. DWQ approval of options 1-3 (previous page) is not necessary as the Division expects work to rule out copper as a causative effluent toxicant to begin immediately upon the second WET permit limit violation. Written notification (a or b above) shall be sent to: North Carolina Division of Water Quality Environmental Sciences Section Aquatic Toxicology Unit 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 as a causative effluent toxicant. Your final report should be comprehensive and include all data used to support your conclusion(s). Should the data indicate copper as the source of effluent toxicity or if the data are inconclusive as to copper's role as a toxicity source, then the NPDES Permit will be reopened and the metal limit specified above will be applied to the permit. The report is due nine months after the date of the second WET Notice of Violation. Three copies of the final report shall be submitted to: North Carolina Division of Water Quality Environmental Sciences Section Aquatic Toxicology Unit 1621 Mail Service Center Raleigh, North Carolina 27699-1621 You should consider submitting the above correspondence certified mail. Failure to notify DWQ of your acceptance of a limit, failure to notify DWQ of your option selection or failure -to make acceptable demonstration to DWQ that copper is not a causative effluent toxicant within the stated time frames will result in reopening of the NPDES Permit to include a copper numeric limitation, as appropriate. Page 3 City of Asheboro W WTP February 10, 2006 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 copper as a causative effluent toxicant. Please note that your actions to notify DWQ of prospective limit acceptance or to notify DWQ of plan option(s) and subsequent submission of a plan are contingent upon two or more toxicity NPDES permit limit violations occurring during a toxicity testing calendar quarter. Also note that the WET limit will remain in your NPDES permit regardless of whether metals are the source of effluent toxicity. The data resulting from your actions to disprove copper as a source of effluent toxicity will determine whether an NPDES Permit limit will be assigned for this parameter. You are responsible for initiating actions to address these issues. You may consider entering into a Special Order by Consent (SOC) with DWQ. A SOC provides regulatory relief for specific NPDES permit limit violations and, if signed, will contain a requirement to conduct a Toxicity Reduction Evaluation. The SOC will contain a compliance schedule, stipulated penalties for failing to meet milestone activity dates and may contain upfront penalties to settle past permit limit violations. Additional information regarding the Division's Copper and Zinc Action Level Policy can be found at the following web site - htip://www.esb.enr.state.nc.us. Click on the "Aquatic Toxicology" Unit and go to the prompt "AT Downloadable Files" located at the bottom of the page. This web site also contains EPA's "Toxicity Reduction Evaluation Guidance for Municipal Wastewater Treatment Plants" Section 4 of this document contains pertinent information on Toxicity Identification Evaluations. If you have any questions concerning this correspondence, please contact me or Mr. Kevin Bowden at (919) 733- 2136. Sincerely, Matt Matthews Aquatic Toxicology Unit Supervisor ATTACHMENTS Steve Tedder -Winston-Salem Regional Office (no attachments) Dawn Jeffries- Point Source Branch (no attachments) Marshall Hyatt-USEPA Region IV, Atlanta Federal Center, 61 Forsyth St., SW, Atlanta, GA 30303 (no attachments) Central Files (no attachments) Aquatic Toxicology Unit Files (no attachments)