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Home My WebLink AboutWQ0002127_CEIARR_NOVNOI2018PC0172_20180521 State of North Carolina | Environmental Quality | Water Resources 2090 U.S. 70 Highway, Swannanoa, NC 28778 828-296-4500 Certified Mail # 7009 1680 0000 7515 5978 Return Receipt Requested May 21, 2018 Brad Boris, Director Water Resources City of Morganton 305 E Union St Morganton, NC 28655 SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY Tracking Number: NOV-2018-PC-0172 Permit No. WQ0002127 City of Morganton DCAR Annual Report (2017) Review Burke County Dear Permittee: The North Carolina Division of Water Resources completed a review of the 2017 Annual Report for the City of Morganton’s Distribution of Class A Residuals (DCAR) on April 25, 2018. This inspection was conducted to verify that the facility is operating in compliance with the conditions and limitations specified in Non-discharge Permit No. WQ0002127. A summary of the findings and comments noted during the inspection are provided in the enclosed copy of the inspection report. The following violation was noted during the inspection: Inspection Area Description of Violation _________________________________________________________________________________________________________________________________________________________________________ Record Keeping The Residuals Source - Generating Facility monitoring (TCLP, Nutrients, Metals) was not done for the permit cycle March 13, 2009 - February 29, 2018. _________________________________________________________________________________________________________________________________________________________________________ Corrective Action: The Residuals Source – Generating Facility monitoring should be completed within 90 days of receipt of this Notice. The Asheville Regional Office should be notified when the analyses are complete. A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and the facility’s Non-discharge 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 DocuSign Envelope ID: 9B5F4A7C-BF09-4351-BA99-19A247547D82 State of North Carolina | Environmental Quality | Water Resources 2090 U.S. 70 Highway, Swannanoa, NC 28778 828-296-4500 fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. If you wish to provide additional information regarding the noted violation, 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. 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 If you should have any questions, please do not hesitate to contact Beverly Price with the Water Quality Regional Operations Section in the Asheville Regional Office at 828-296-4500. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ ATTACHMENTS: Inspection Report Ec: WQS ARO Server Laserfiche 20180521_WQ0002127_NOI2018PC0172.rtf DocuSign Envelope ID: 9B5F4A7C-BF09-4351-BA99-19A247547D82 Compliance Inspection Report Permit:WQ0002127 Effective:03/01/18 Expiration:02/28/23 Owner :City of Morganton SOC: Contact Person: Region: County: Directions to Facility: Burke Asheville Brad E Boris Effective:Expiration:Facility:City of Morganton DCAR 1000 Vine Arden Rd Morganton NC 28655 Title:Phone:828-438-5285Director Water Resources I-40 to Exit 105 to Hwy. 18N. Turn rt. on Hwy. 70 By-Pass, turn left @ light to Hwy. 70 W. Turn right on Kirksey Dr. Go approx. 1.25 miles to Vine Arden Road on right. Secondary ORC(s): Phone:Certification:Primary ORC: System Classifications: 24 hour contact name Timmy Warren Corpening 828-438-5376 On-Site Representative(s): Related Permits: NC0026573 City of Morganton - Catawba River Pollution Control Facility Secondary Inspector(s): Primary Inspector: Inspection Date:Exit Time:Entry Time: Phone: 04/25/2018 09:00AM 10:30AM Beverly Price 828-296-4500 Facility Status: Permit Inspection Type: Reason for Inspection:Inspection Type: Not CompliantCompliant Routine Distribution of Residual Solids (503) Annual Report Review Question Areas: Miscellaneous Questions Record Keeping Pathogen and Vector Attraction (See attachment summary) Page:1 DocuSign Envelope ID: 9B5F4A7C-BF09-4351-BA99-19A247547D82 Inspection Date: Permit: Inspection Type : Owner - Facility: Reason for Visit: WQ0002127 04/25/2018 Annual Report Review City of Morganton Routine Inspection Summary: The Annual Report review was conducted by Beverly Price of the Asheville Regional Office. The report narrative indicates that 723 dry tons of residuals were distributed in 2017. The Residuals Source - Generating Facility monitoring is required once per permit cycle for TCLP, nutrients and metals. This monitoring was not done for the permit cyce March 13, 2009 - February 28, 2018. A Notice of Violation/Intent to Enforce will be issued. The Class A residuals nutrient/metals analyses were performed according to permit requirements. The metals results appeared to be within the ceiling concentration and monthly average concentration permit limits. The once/permit cycle monitoring for Class A residuals for TCLP was done 2010. Pathogen and Vector Attraction Reduction is accomplished using the Fecal Coliform Density Test and a Process to Further Reduce Pathogens (Composting) and Option 5 (Aerobic Processes Greater than 40 degrees C). Time & temperature requirements appeared to have been met. Page:2 DocuSign Envelope ID: 9B5F4A7C-BF09-4351-BA99-19A247547D82 Inspection Date: Permit: Inspection Type : Owner - Facility: Reason for Visit: WQ0002127 04/25/2018 Annual Report Review City of Morganton Routine Type Yes No NA NE Land Application Distribution and Marketing Record Keeping Yes No NA NE Is GW monitoring being conducted, if required? Are GW samples from all MWs sampled for all required parameters? Are there any GW quality violations? Is GW-59A certification form completed for facility? Is a copy of current permit on-site? Are current metals and nutrient analysis available? Are nutrient and metal loading calculating most limiting parameters? a. TCLP analysis? b. SSFA (Standard Soil Fertility Analysis)? Are PAN balances being maintained? Are PAN balances within permit limits? Has land application equipment been calibrated? Are there pH records for alkaline stabilization? Are there pH records for the land application site? Are nutrient/crop removal practices in place? Do lab sheets support data reported on Residual Analysis Summary? Are hauling records available? Are hauling records maintained and up-to-date? # Has permittee been free of public complaints in last 12 months? Has application occurred during Seasonal Restriction window? The residuals analysis for 2017 was completed. The Residuals Source - Generating Facility monitoring (TCLP, Nutrients, Metals) was not done for the permit cycle March 13, 2009 - February 29, 2018. Comment: Pathogen and Vector Attraction Yes No NA NE a. Fecal coliform SM 9221 E (Class A or B) Class A, all test must be <1000 MPN/dry gram Geometric mean of 7 samples per monitoring period for class B<2.0*10E6 CFU/dry gram Fecal coliform SM 9222 D (Class B only) Geometric mean of 7 samples per monitoring period for class B<2.0*10E6 CFU/dry gram b. pH records for alkaline stabilization (Class A) c. pH records for alkaline stabilization (Class B) Page:3 DocuSign Envelope ID: 9B5F4A7C-BF09-4351-BA99-19A247547D82 Inspection Date: Permit: Inspection Type : Owner - Facility: Reason for Visit: WQ0002127 04/25/2018 Annual Report Review City of Morganton Routine Temperature corrected d. Salmonella (Class A, all test must be < 3MPN/4 gram day) e. Time/Temp on: Digester (MCRT) Compost Class A lime stabilization f. Volatile Solids Calculations g. Bench-top Aerobic/Anaerobic digestion results Comment: Page:4 DocuSign Envelope ID: 9B5F4A7C-BF09-4351-BA99-19A247547D82