WQ0018352_NOV-2020-PC-0205_20200415

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
CERTIFIED MAIL
Tracking #7018 0360 0002 2099 7644
RETURN RECEIPT REQUESTED
NORTH CAROLINA
Environmental Quality
April 15, 2020
Mr. Lucas Shires, MUD, PLA and Email
Town Manager
Town of Boiling Springs
P.O. Box 1014
Boiling Springs, North Carolina 28017
Subject: Notice of Violation
NOV-2020-PC-0205
Non -Discharge Permit WQ0018352
Boiling Springs - Land Application of Residuals
2019 Annual Report
Cleveland County
Dear Mr. Shires:
This Notice of Violation is for a non-compliance incident, self -reported on February 20t", 2020. Mr. Gibert
relayed findings, via a phone conversation with Maria Schutte at the Mooresville Regional Office (MRO), of
an exceedance of Lead concentration in residuals discovered while compiling the 2019 Annual Report (AR).
Per the phone conversation and the AR, laboratory data from the September 2019 sampling event shows a
Lead result of 165,000 mg/kg, significantly greater than the Ceiling Concentration Limit of 840 mg/kg.
Review of the AR also show exceedances of the Cumulative Pollutant Loading Rate for Lead on one field
where the residuals were land applied.
Mr. Gibert expressed concern of a laboratory error; however, Boiling Springs' follow-up with the lab was too
late for a retesting of the sample in question and laboratory Quality Control management confirmed the
results reported.
MRO staff spoke with Mr. Gibert on April 14t", 2020 to recommend soil sampling of the application area(s) in
question for total lead analysis. Until results show otherwise, the MRO has to assume an over
application has occurred and the field (JP-1) in question cannot be utilized for land application of
residuals.
This incident and residuals land application under your 2019 Annual Report is a violation of your
permit (see version 3.0, expired December 31st, 2019). Specifically:
PERFORMANCE STANDARDS II. 5. and II. 5. a. "Pollutant concentrations in residuals applied... shall
not exceed... Ceiling Concentrations or Cumulative Pollutant Loading Rates (CPLRs)..."
D E Qbi�� North Carolina Department of Environmental Quality I Division of Water Resources
Mooresville Regional Office 1 610 East Center Avenue, Suite 301 1 Mooresville, North Carolina 28115
vOry rN Cx:40:.itiA �
N. a Io E".w^^�"��a°:r� /� 704.663.1699

I Polluunt cmrxnlrations in residuals appjiod to land application sites listed in Attnehmeni 13 shall nct
-exceed the following Cefling Cone-enfrations (Le„ dry weight basis) or Cumulative Pollutant
Loading RateN (CI31LRs):
Paranic#ez
Ceiling; Concentration
(mifllgrarrrS I�r kildgrOM)
CpLk
(pounds per care)
Arsenic
75
31S
c4dmtUm
85
34
Copper
4,300
1,338
Lead
W
2b7
mtkrcury
57
15
Molybdemun
?5
nva
Nickel
420
374
Selenium
100
89
Zinc
7,500
2,499
The Perrrtitilee shall de[iermine corripliance with the CPLRs using one of the following meth s:
a- By calculating the existing cumulative level of poflwants using actual analydieal data from all
$istorieal lard applieation everts of reiiideals. or
And,
INSPECTIONS V. 1. "The Permittee shall provide adequate inspection... to ensure proper operation
...in accordance with the approved O&M plan.
V. 2. "Prior to each bulk residuals land application event, the Permittee... shall
inspect... residuals storage, transport and application facilities to prevent
malfunction... and operator errors ... which may cause the release of wastes to
the environment, a threat to human health or a public nuisance..."
A follow-up report is requested, detailing:
• soils sample collection from both field sites (JP-1 and JP-2) potentially impacted
• the laboratory results for Total Lead (mg/kg) analyses in soils samples
• procedural changes or additional preventative measures, along with any subsequent updates
to your Operations and Maintenance plans
• any additional information you deem appropriate,
to be emailed to maria.schutte(a_ncdenr.gov within 60 days, by June 15t", 2020.
Failure to comply with conditions in a permit may result in a recommendation of enforcement action, to the
Director of the Division of Water Quality, who may issue a civil penalty assessment of not more than twenty-
five thousand ($25,000) dollars against any "person" who violates or fails to act in accordance with the
terms, conditions, or requirements of a permit under authority of G.S. 143-215.6A.

Please contact Maria Schutte at the email above or by phone [phone]) with questions.
Sincerely,
DocuSigned by:
A14CC681AF27425...
for Andrew H. Pitner, P.G., Assistant Regional Supervisor
Mooresville Regional Office
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ
CC: Mike Gibert, Public Works Director (Email)
Todd Humphries, WWTP-ORC and LA-ORC (Email)
Ranveer Katyal, Non -Discharge Permitting, CO -Raleigh (Email)