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Home My WebLink AboutNC0035904_NOV-2020-TX-0028_20201229 STATE ROY COOPER Governor MICHAEL S.REGAN , >�- a Secretary `s+w,.+�""� S.DANIEL SMITH NORTH CAROLINA Director Environmental Quality December 29,2020 CERTIFIED MAIL: 7019 0140 0001 1259 0745 Mr.Jeffrey T. O'Briant McCain Hospital-Dept.of Corrections 4216 MSC Raleigh,NC 27699-4216 SUBJECT: NOTICE OF VIOLATION:NC NOV-2020-TX-0028 Whole Effluent Toxicity(WET)Testing NPDES Permit No.NCO035904/001 McCain Hospital Cherokee County Dear Mr. O'Briant: This is to inform you that a review of your toxicity self-monitoring report forms for August 2020 indicates a violation of the toxicity limitation specified in your NPDES Permit.The review also produced the following results: • 7/13/2020 Ceri7dPF test:FAILED • 8/24/2020 Cer7dChV test: 23.7%(Non-compliant) • 9/28/2020 Cer7dChV test: >I00%(Compliant) • The August&September 2020 average is 61.85%,which is less than the 67%permit limit Therefore,this facility will receive a Civil Penalty Assessment after 10 days from receiving this notice. You should take whatever remedial actions are necessary to eliminate the conditions causing the effluent toxicity violation(s). Your efforts may include conducting a Toxicity Reduction Evaluation(TRE),a site-specific study designed to identify the causative agents of effluent toxicity,isolating the sources of toxicity,evaluating the effectiveness of toxicity control options,and confirming reductions in effluent toxicity. Please be aware that North Carolina General Statutes provide for assessment of civil penalties for violations of NPDES permit limitations and requirements. The reverse side of this Notice contains important information concerning your Whole Effluent Toxicity Monitoring and Reporting Requirements. Please note the appropriate mailing addresses for submitting your Discharge Monitoring Reports (DMRs)and Aquatic Toxicity(AT) Test Forms.Also, the Aquatic Toxicology Branch now accepts ATforms via email (ATForms.ATB(a ncdenr.gov); if an ATform is submitted via email, we do not require that a hard copy is mailed. We encourage you to review this information;if it would be helpful to discuss this situation or possible solutions to resolve effluent toxicity noncompliance,please contact Zach Thomas at(919)743-8439 or zacharv.thomasAricdem.gov. er�ly, Arvisoor dqua Toxicology Branch Division of Water Resources,NCDEQ cc: Mark Brantley,FRO(via email: mark.brantleyamcdennizov) ATB Enforcement File Laserfiche If D_ra Q�� North Carolina Department of Environmental Quality I Division of Water Resources I Water Sciences Section 4401 and 4405 Reedy Creek Road 11621 Mall Service Center I Raleigh,North Carolina 27699-1621 919.743.8400 WHOLE EFFLUENT TOXICITY MONITORING AND REPORTING INFORMATION ➢ The following items are provided in an effort to assist you with identifying critical and sometimes overlooked toxicity testing and reporting information. Please take time to review this information.The items below do not address or include all the toxicity testing and renorti reanirementscontainedinvonr NPDF.Spermit. If you should have any questions about your toxicity testing requirement, please contact Zach Thomas with the Aquatic Toxicology Branch at(919)743-8439 or Cindy Moore at(919)743-8442. ➢ The permittee is responsible for ensuring that toxicity testing is conducted according to the permit requirement and that toxicity report forms are appropriately filed. ➢ The reporting of whole effluent toxicity testing data is a 1lual requirement. All toxicity testresuhs must be entered(with the appropriate parameter code)on your monthly Discharge Monitoring Report which is submitted to: North Carolina Division of Water Resources Central Files 1617 Mail Service Center Raleigh,NC 27699-1617 IN ADDITION Toxicity test data("AT"form)must be submitted to the following address: North Carolina Division of Water Resources Water Sciences Section/Aquatic Toxicity Branch 1621 Mail Service Center Raleigh,North Carolina 276994621 or Emailto: ATForms.ATB(n)ncdenr.gov ➢ Toxicity test results shall he filed with the Water Sciences Section no later than 30 days after the end of the reporting period leg, January test result is due by the end of February). ➢ Toxicity test condition language contained in your NPDES permit may require use of multiple concentration toxicity testing upon failure of any single quarterly toxicity test. If the initial pass/fail test fails or if the chronic value is lower than the permit limit,then at least two multiple concentration toxicity tests(one per month)will be conducted over the following two months. As many analyses as can be completed will be accepted. If your NPDES permit does not require use of multiple concentration toxicity testing upon failure of any single quarterly test,you may choose to conduct either single concentration toxicity testing or multiple concentration toxicity testing per the Division's WET enforcement initiatives effective July 1,1999. Follow-up multiple concentration toxicity testing will influence the Division's enforcement response. ➢ Toxicity testing months are specified by the NPDES Permit,except for NPDES Permits which contain episodic toxicity monitoring requirements(eg,if the testing months specified in your NPDES permit are March,June,September,and December,then toxicity testing must be conducted during these months). ➢ If your NPDES Permit specifies episodic monitoring and your facility does not have a discharge from January 1-June 30,then you must provide written notification to the Water Sciences Section by June 30 that a discharge did not occur during the first six months of the calendar year. ➢ If you receive notification from your contract laboratory that a test was invalidated,you should immediately notify the Water Sciences Section at(919)743-8439 and provide written documentation indicating why the test was invalidated and the date when follow-up testing will occur. ➢ If your facility is required to conduct toxicity testing during a month in which no discharge occurs,you should complete the information block located at the top of the AT form indicating the facility name,permit number,pipe number,county and the month/year of the subject report You should also write"No Flow"on the AT form,sign the form and submit following normal procedures. ➢ The Aquatic Toxicity Test forms shall be signed by the facility's Operator in Responsible Charge(ORC)except for facilities which have not received a facility classification. In these cases,a duly authorized facility representative must sign the AT form. The AT form must also he signed by the performing lab supervisor. ➢ To determine if your AT test forms were received on time by the Division of Water Resources,you may consider snhmitting your toxicity to results ied mail,return receipt requested to the Water Sciences Section or email to the above address,receiving e-confirmation.