NC0049662_NOV2017SS0007_20170417

WaterResources. _
ENVIRONMENTAL QUALITY
April 14, 2017
Certified Mail #7014 3490 00018820 9952
Return Receipt Requested:
Shannon V. Becker, President
Aqua North Carolina, Inc.
202 MackenanCourt
j`v y vv Governor
MICHAEL S. REGAN
Secretary
S. JAY_ ZIMMERMAN
Director
RECEIVEDINnn
CDEQW
APR 1.2 2017
P nittingSe on
Cary, NC 27511
Notice of Violation-Notice,of Intent to Enforce
.Case No: NOV-2017-SS-0007
Illegal Discharge of Sludge/Removal of Use
Hawthorne Subdivision WWTP
NPDES Permit No. NCO049662
Wake County
Dear Mr. Becker:
On April 7, 2017, Stephanie Goss and Danny Smith with the Raleigh Regional. Office (RRO) of
the Division of Water Resources .(DWR) observed. an in of sludge below the Hawthome
WWTP discharge outlet. The unauthorized discharge of sludge occurred in Upper Barton Creek,
Class WS -IV Nutrient Sensitive Waters (NSW) in the Neuse River Basin. The following
observations were noted during the site'inspection:
• Sludge was observed alI.ong approximately 500 linear feet of the Upper•Barton Creek.
(See Photographs 1-4).
• On April 11, 2017, samples of the stream were taken upstream and downstream of the
point of the sludge discharge. Field parameters showed the following:
Parameters: Upstream Downstream
Dissolved Oxygen 7.83 mg/1 0.99 mg/INC
Specific Conductivity 96.0 u.S/cm 421.3 uS/cm
• Water samples were obtained on April 11, 2017 and lab results for Fecal, Nutrients and -
Total Suspended Solids are not yet available.
The site inspection and sample 'results revealed the following violations of North Carolina
General Statutes, North Carolina Administrative Codes, and NPDES permit conditions
(NC0049662) which state the following:
Division of Water Resources, Raleigh Regional Office, Water Quality Operations Section
http://portal.ncdenr.org/web/wq/aps
1628 Mail Service Center, Raleigh, NC 27699-1628 Phone: [phone]
Location: 3800 Barrett Drive, Raleigh, NC 27609 Fax: [phone]

NCGS 143-215.1(a) (6)
"Activities for Which Permits Required. - No person shall do any of the following things or carry
out any of the following activities unless that person has -received a permit from the Commission
and has complied with all conditions set forth in that permit.
(6) cause or permit any waste, directly or indirectly, to be discharged to or in any manner
intermixed with the waters of the State in violation of the water quality standards applicable to the
assigned classifications or in violation of any effluent',standards or limitations established for any
point source; unless allowed as a condition of any permit, special order or other appropriate
instrument issued or entered into by the Commission under the provisions of this Article."
15A NCAC 02'B.0211 (2)
Title 15A North Carolina Administrative Code 02B .0211 (2) - Conditions Related to Best..
Usage: the waters shall be suitable for aquatic life propagation and maintenance of biological
integrity, wildlife,, secondary recreation, and agriculture.. Sources of water pollution that preclude
any of these uses on either`a short termor long term basis shall be considered to be violating a
water quality standard;
15A NCAC 02B .0211(6)
i -t e 15-ANortarhlina administrative Code 02B :0211 (6) —Diss' solved Oxygen: for non -trout -- —�
waters, not less than a daily average of 5.0 mg/1 with a minimum instantaneous value of not less
than 4.0 irig/1..
15A NCAC 02B :0211' (8)
Tit1e,,15A North Carolina Administrative Codei 02B .0211 (8) Floating solids, settleable_solids;
or sludge deposits;
only such amounts- attributable to.. sewage, industrial wastes, .or. other_ wastes..as
shall not make the. water unsafe or unsuitable for aquatic life and wildlife or impair the waters, for
any designated uses:.
NPDES PermitNCO049662 Part II Section B.2: Duty to Mitii ate -
The permittee shall take all reasonable steps to minimize or prevent:any discharge or sludge use
or disposal in violation of this permit with a reasonable likelihood of adversely affecting human.
health,or. the, environment- [40. CFR 122.41(d)]:.
NPDES PerinitNCO049662 Part IT. Section C.2. Proper Operation and Maintenance
The permittee shall at all times properly operate `and maintain all facilities and systems of
treatment and control (and related appurtenances) which are installed or used by permittee to
achieve compliance with the conditions of this permit:
NPDES Permit No. NCO049662 Part H. Section C.6 Removed Substances:,::. .
Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control
of wastewaters shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner
such as to prevent any pollutant from such materials from entering waters of the State or.'
navigable waters of the United States except as permitted by the Commission. The permittee -
shall comply with all applicable state and federal regulations governing the disposal of sewage
sludge, including 40 CFR 503, Standards for the use and Disposal of Sewage Sludge.....The
permittee shall notify the Permit Issuing Authority (DWR) of any significant change in,its sludge
use. or disposal practices. -'

Requested Response
This office requests that you respond to this letter in writing within 10 days of receipt of this
Notice. Your response should be sent to this office at the letterhead address. Your response
should address the following items:
1. Please explain clearly the cause(s) and source (sludge digester, holding tank, clarifier,
etc.) of the sludge discharged from the Hawthorne WWTP.
2. Please provide a copy of the ORC logbook for the period March 8, 2017 to present.
This includes tests, measurements, etc. (e.g., results of sludge judges, settleometer
readings, operations and maintenance performed, etc.), taken at the WWTP.
3. Please provide a copy of all records of sludge hauled from this facility that occurred
in 2017. These records must indicate the volume of sludge removed, date of
removal, name of the sludge hauler, and the location where the sludge was disposed.
4. Please explain on what day and time did this discharge of sludge commence and
when it ceased.
5. Please detail what efforts have been taken or new process controls to prevent the
release of solids from reoccurring.
6. For each day (April 6 to present), please explain what measures you used to recover
the sludge from the creek, pump times and how much sludge and wastewater was
recovered. Specifically, detail in your written response the work to remove solids
from the stream on each respective day and hours per day.
Environmental damage and violations of North Carolina Administrative Codes have been
documented for the subject site as stated above. Your efforts to undertake activities to bring the
subject site back into compliance is not an admission, rather it is an action that must be taken in
order to begin to resolve ongoing environmental issues.
These violations and any future violations are subject to a civil penalty assessment of up to a
maximum of $25,000.00 per day for each violation. Your response to this correspondence
will be considered in any civil penalty assessment process that may occur.
Should you have any questions regarding these matters, please contact Stephanie Goss at (919)
791-4256 or [e-mail].
r
Since$ly,
8;
Danny Smith; Supervisor
Water Quality Regional Operations
Surface Water Protection Section
cc: RRO DWR Files
Central Files
Deborah Gore — PERCS Unit

Photograph 2: Upper Barton Creek downstream of Hawthorne WWTP; taken on 4/7./17

a
Photograph 3: Upper Barton Creek downstream of Hawthorne WWTP; taken on 4/7/17
Photograph 4: Upper Barton Creek downstream of Hawthorne WWTP; taken on 4/7/17