NC0020664_Recommendations_20040929

ROY COOPER
Atwmey General
David A. Franchina, Esq.
Kennedy Covington Lobdell
& Hickman UP
Hearst Tower 47" Street
214 North Tryon Street
Charlotte NC 28202
State of North Carofina
Departntcnt of justice
42 North French Broad Avenue
Asheville, NC 28801
29 September 2004
RE: For Settlement Purposes Only
Town of Spindale v. DENR
OAH File No. 04 EHR 0483
Dear David:
Western Office
Phone: [phone]
Fax: [phone]
B fac imil t smis5ion and irat-clas mil
Fax: [phone]
As we discussed earlier, attached is a draft permit which my client would be willing to issue
in order to resolve the above -referenced contested case. Please let me know if this draft is
satisfactory to your client.
When we spoke, you requested an explanation for the Division of Water Quality's position
that an effluent limit for mercury was required at flows of 4.5 and 6 MGD, Toya Fields has provided
the following information in response to your question:
Regarding the mercury limit at 4.5 and 6 MGD: our RPA analysis is based on actual
data frorn the facility, the streamflow, and the facility's permitted flow. The
streamflow and permitted flow help us to determine a facility's IWC (instream waste
concentration). In essence, wastewater discharged by the facility constitutes a certain
percentage of the entire streamflow- the IWC is that percentage. For example, if there
was a discharge to a zero flow stream the IWC would be 100%, meaning 100% of the
water in that 'stream' came from the facility. Since Spindale is permitted for three
flows, they have three different IWCs. All the calculations that we do for their facility
are done three times, one for each tier. Using the data they gave us for mercury, it
was determined that if Spindale discharges at 3 MGD, there is enough dilution in the
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David Ranchina, Esq.
29 September 2004
Page 2
stream that the discharge will not cause a violation of the mercury water quality
standards. But if you increase the flow from the facility, you in turn get less and less
dilution. The mercury levels in Spindale's discharge, as we discussed with the town,
are not insubstantial. if the relative amount of mercury in their effluent remained the
same at the higher tiers then the stream standard for mercury would be exceeded.
That's why they would need a limit at 4.5 and 6 MGD.
I hope this answers your question and I look forward to discussing this matter with you once
you have had an opportunity to review these materials.
Sincerely,
Sueanna P. Sumpter
Assistant Attorney General
/SPS
Enclosures
xc: David Goodrich (w/o enc.) (By Fax: [phone])
Toya Fields(w/o enc.) (By Fax: [phone])
Roger Edwards(w/o enc.) (By Fax: [phone])
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