WQ0019755_NOV-2019-PC-0160_final_signed_20190311

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
CERTIFIED MAIL No. 7013 1710 0002 1922 4112
RETURN RECEIPT REQUESTED
Phillip Cooke
JPC Utilities
1690 NC 68 North
Oak Ridge, NC 27310
NORTH CAROLINA
Environmental Quality
March 4, 2019
SUBJECT: Notice of Violation/Notice of Intent to Enforce
NOV-2019-PC-0160
Oak Ridge Commons WWTP
Reclaimed Water System and Wastewater Irrigation
Permit No. WQ0019755
Guilford County
Dear Mr. Cooke:
On January 31, 2019 staff from the North Carolina Division of Water Resources (DWR) performed
an announced, routine compliance inspection of the Reclaimed Water System (hereby referred
to as Reclaim) and Wastewater Irrigation system (hereby referred to as Upset) operating under
Permit WQ0019755. This inspection was conducted as follow-up to a previous inspection
completed on August 28, 2018 and was completed by DWR staff person Rebecca Chandler. DWR
staff would like to thank all present during the inspection for their time and attention. While
many previously noted concerns and violation have been abated since the August 2018
inspection, this follow-up reflected continued non-compliance with Permit No. WQ0019755.
Accordingly, the following violations and continued violations were noted which require your
attention and action:
1. Permit Condition 111.5 states that "a suitable year-round vegetative cover shall be
maintained on irrigation sites at all times, such that crop health is optimized, allows for
even distribution of effluent, and allows inspection of the irrigation system." It was
determined during the onsite inspection and subsequent follow-up that vegetative cover
in Zones 2 and 3 of the Reclaim system is not suitable. Much of the ground surface was
noted with many ruts present beginning at system sprayheads. Bare soil without any
vegetative cover was noted throughout many of the Zones.
North Carolina Department of Environmental Quality I Division of Water Resources
Winston-Salem Regional Office 1 450 Hanes MITI Road, Suite 3001 Winston-Salem, North Carolina 27103
336.776.9800

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Please ensure that adequate year-round vegetative cover is established in all Zones,
particularly in the Zones adjacent to the onsite stream (Zones 2, 3, 4, and 8). Provide
the plans to establish and maintain this vegetative cover to this office.
2. Permit Condition 111.6 states that "adequate measures shall be taken to prevent effluent
ponding in or runoff from the irrigation sites." At the first evidence of ponding and/or
runoff from any of the Zones for either the Upset or Reclaim systems, irrigation should be
ceased until the issue is corrected. There was evidence of chronic ponding and runoff
observed, particularly in Zones 2 and 3 of the Reclaim system.
Explain plans to repair the existing rutting and erosion in Zones 2 and 3, as well as how
future violations of this condition will be abated.
3. Permit Condition 111.7 states that "irrigation shall not be performed during inclement
weather or when the ground is in a condition that will cause ponding or runoff." During
the August 28, 2018 onsite inspection, the ground was immensely saturated with
ponding and pooling throughout the Reclaim system Zones. It was clear that the ground
was unable to assimilate effluent but had been recently been irrigated on. Additionally,
Non -Discharge Application Reports (NDARs) indicate that irrigation was conducted
throughout the month of December 2018, including prior to, during, and after the 12-
inch snow event that was recorded in the area. It should be noted that the 12-inch snow
event was not reported on the NDARs. Irrigation events recorded throughout the late
Fall and Winter months are concerning as the area saw an exceptional amount of
rainfall and wet weather conditions such that wastewater irrigation at other facilities
within the Winston-Salem Region was prevented.
While this office understands that rain sensors are installed on the system, please
understand that this is not a fail -proof method to ensure irrigation does not occur when
the soil condition is not suitable to assimilate the effluent. The Permit prohibits irrigation
when the soil is saturated, frozen, or snow-covered.
More adequate inspection frequency of the sprayfields prior to irrigation will prevent
future violations of this Permit Condition.
4. 15A NCAC 08G .0204 states that "An Operator in Responsible Charge (ORC) of a water
pollution control system must visit the system as often as is necessary to ensure the
proper operation of the system but in no case less frequently than (the specified
schedule)." Please be reminded that the sprayfields for both the Upset and Reclaimed
systems are an important part of the wastewater irrigation system and should be
regularly inspected for suitability of irrigation prior to irrigation events, and for runoff or
ponding during irrigation events. It was determined during the onsite inspection that
numerous sprayheads and lines were broken and leaking throughout the Zones. Evidence
of chronic failure of the sprayheads in Zones 2 and 3 was noted with large ruts and debris
line flows from the areas downslope of the sprayheads, towards an onsite stream.

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Routine inspection of the entire system is expected so that repairs may be made in a
timely manner.
The following operations violations were noted during an in -office review of the self -monitoring
data covering the period of July 2017 to December 2018:
5. 15A NCAC 08G .0205 states that "the Back-up Operator in Responsible Charge (Back-up
ORC) may act as surrogate for the Operator in Responsible Charge (ORC), if he/she
possesses a valid certificate of the appropriate type and grade for the system, for a
period... not to exceed 40 percent of the system visitations required per calendar year..."
It has been noted consistently that the Back-up ORC for the facility is completing a
majority of the 5-day a week minimum required visits for the Reclaim system. A review of
on -site bench sheets showed that Back-up ORC Bradley Flynt performed all the site visits
for August and September 2018. It is the understanding of DWR staff that Mr. Flynt
conducts all the site visits for the Reclaim system while ORC Chad Leinbach conducts the
once -weekly minimum required visits of the Upset system.
if you wish to continue this arrangement, Mr. Flynt must be appointed as the Primary
ORC for the system. Otherwise, it is to be expected that Mr. Leinbach will perform 60%
or greater of the minimum required 5-day a week onsite inspections going forward.
6. Permit Condition IV.3 states that "the Permittee shall install and maintain an appropriate
flow measurement device to ensure the accuracy and reliability of flow measurement..."
It was noted during the initial inspection that the flow totalizer for the Reclaim irrigation
pump was recording negative values (at approximately -22 gallons per minute [gpm]
during the onsite inspection) and therefore improperly operating. This should have been
detected during daily inspections and immediately fixed — at the very least, irrigation
events using the inaccurate totalizer should have been ceased until the error could be
resolved.
Onsite representatives indicated that the issues were a result of improper calibration of
the flow meter on August 8, 2018, however self -monitoring data submitted prior to
August 2018 does not support that. In addition, a subtraction from the irrigation totalizer
can be noted on the August 2018 Operator bench sheets from August 1, 2018 up until the
date of calibration (August 8, 2018), so it is very likely that it was already improperly
operating. It can be deduced that all irrigation events from at least the date of calibration
(August 8, 2018) to the date of repair are also inaccurate and that there is no true record
of how much was irrigated during that time. As a result, the 12-month floating total for
the Reclaim system NDARs will continue to be inaccurate until one year after the flow
meter issue was resolved. It is the understanding of this office that the flow meter is now
accurately recording the irrigation event totals and that a back-up method of recording
has been implemented as well.

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Provide explanation for the inaccurate totalizer, the nature of the defect, and evidence
as to when it first became inaccurate. Explain in detail the irrigation regime that was in
place prior to November 2018 and how the reported data was generated.
7. Permit Condition IV.S states that "The Permittee shall maintain adequate records tracking
the amount of effluent irrigated... At a minimum, these records shall include the following
information for each irrigation site listed...: b. Volume of effluent irrigated; g. Weather
Conditions." Inaccurate flow meter records have resulted in improperly tracking the
amount of effluent irrigated to the Reclaim system sprayfields. Additionally, weather
codes are repeatedly missing from all irrigation events of the Upset and the Reclaim
systems. In addition, the October 2018 NDAR was missing any/all precipitation events.
This is a repeat violation that was noted as Item #6 on the Notice of Deficiency (NOD-
2015-PC-0155) issued to the facility on June 16, 2015.
Ensure that weather conditions are included for every irrigation event included on
NDARs as required by the Permit. Check the accuracy of all self -monitoring data prior
to submittal to the Division.
8. Permit Condition IV.11 states that "The Permittee shall report by telephone to the
Winston-Salem Regional Office (WSRO) as soon as possible but in no case more that 24-
hours, or on the next working day following the occurrence or first knowledge of the
occurrence of any of the following: ... d. Any time self -monitoring indicates the facilities
permitted have gone out of compliance with the limitations contained in this permit; e.
Ponding in or runoff from the irrigation sites. WSRO did not receive notification of any of
the noted exceedances from the self -monitoring data, nor received any information
regarding the chronic ponding and runoff issues noted in Zones 2 and 3. This is a repeat
violation that was noted as Item #5 on the Notice of Deficiency (NOD-2015-PC-0155)
issued to the facility on June 16, 2015 and Item #5 on the Notice of Violation (NOV-2016-
PC-0653) issued to the facility on December 19, 2016.
Please provide future notification to WSRO for any future non-compliance in either the
system operations or within the self -monitoring data.
9. Attachment A of the Permit lists the monthly average flow limit for the Reclaim system as
36,000 gallons per day (gpd) and 12,094 gpd for the Upset system. Monthly average flow
limit has been inaccurately reported at the bottom of Non -Discharge Monitoring Reports
(NDMRs) for both the Upset and Reclaim systems.
Immediately correct this error on both NDMRs to ensure proper tracking of system
flows.
10. Permitted effluent limits for the following constituents were exceeded as listed on the
NDMRs for the Reclaim system: BOD in December 2017; total suspended solids in August

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2017, December 2017, January 2018, and March 2018; fecal coliform in October 2018 and
November 2018.
11. Permitted effluent limits for the following constituents were exceeded as listed on the
NDMRs for the Upset system: monthly average flow in September 2018.
Additional concerns:
1. The most recent soil sampling results indicated the agronomist recommended lime
application to the Reclaim system sprayfield. While it is not required by the Permit, DWR
staff recommends pulling a sample for each Zone to identify a smaller area requiring lime.
Please take care when sampling to ensure a representative composite sample is collected
for each Zone.
2. Calibration of both irrigation systems is required once per permit cycle and still needs to
be completed for both Upset and Reclaim systems.
The following previously -noted violations have been already been addressed:
1. During the August 28, 2018 inspection, most of the required onsite records were missing
and no spill plan had been developed for the system. This has since been corrected and
all records were available onsite during the follow-up inspection. A suitable spill plan was
developed and is maintained onsite.
2. The alarm connected to the wet -well floats was not operating properly during the August
28, 2018 inspection. This had been corrected by the date of the follow-up inspection.
3. Housekeeping in the main Reclaim system pump house was unmaintained making it
difficult to reach central processes and operation panels. This had been corrected by the
date of the follow-up inspection.
4. During the August 28, 2018 inspection, DWR staff made a recommendation to attach
Spanish -language restriction signs to the reclaimed system sprayfield as Hispanic workers
could be employed in the shopping center. Management has since attached these signs
below the already existing English -language signs.
5. Three sprayheads within the sand filter were clogged and improperly operating during
the August 28, 2018 inspection. This had been corrected by the follow-up inspection.
6. Previously noted sprayheads located within the 50-foot setback to the shopping center
expansion had not yet been capped and removed from operation. This was corrected by
the date of the follow-up inspection.

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7. It was noted during the August 28, 2018 inspection that pre-existing fencing around the
Upset system sprayfields had been removed. Per Permit Condition 111.13. "Public access
to ... Field N... shall be prohibited." WSRO made the recommendation to reinstall the
fencing to be compliant with the Permit Condition. Fencing reinstallation was nearly
completed during the follow-up inspection.
8. Previous repeated exceedances of turbidity have been corrected after onsite staff
determined an installation issue within the clarifier and made appropriate repairs.
Required Response:
Accordingly, you are requested to provide a written response within ten (10) calendar days
following receipt of this Notice. Your response should be sent to my attention at the letterhead
address and must include an outline detailing specific plans to remedy these violations and any
future violations.
This office is consideringthe pursuit of enforcement actions regardingthese issues and any future
or continued violations that may be encountered. If you wish to present an explanation for the
violations cited, or if you believe there are other factors which should be considered, please
include them in your response. Our office requires that the violations, as detailed above, be
abated immediately and properly resolved. Pursuant to NC General Statute G.S. 143-215.6A,
these violations and any future violations are subject to a civil penalty of up to a maximum of
$25,000.00 per violation per day.
Your immediate attention is greatly appreciated. Additional observations and comments may be
found in the inspection report enclosed for your review. Please contact Rebecca Chandler (336-
776-9705) or me (336-776-9700) if you have any questions regarding this letter.
Sincerely,
Lon Snider
Assistance Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ-WSRO
encl.: Compliance Inspection Reports
cc: Doug Smith, via email
Chad Leinbach, via email
Guilford County Environmental Health
DWR Central Office — Permit File WQ0019755
WSRO Files