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NC0004375_Regional Office Historical File Pre 2018 (2)
ppppppp Annual Monitoring and Pollutant Scan Permit No: NC 0004375 Month, October Outfall: 001 Year: 2017 Facility Name: Clarlant Corporation Analytical Laboratory: Pace Analytical Services: NC 40 91=rAF'1'FGRC: Dwayne R. Wallace Date of sampling: 10-18-17 Phone: 704-307-3870 Low -Level Mercury sampled: 10-4-17 Dwayne,Walla C6W-'Wjj"rite RIDWR Analytical Laboratory: Shealy Environmental Serviceso% Nd*WTION Total Residual Chlorine sampled: 10-23-17 WVON PROCESSING UNIT MENTION 111MIl ��� IN Kim mv� MW 113V_- M-A� Form-DMR-PPA-1 Page 1 of 4 pppppp� Annual Monitoring an Permit No,, NC 0004375 d Pollutant Scan Month- Oct. Year: 2017 IN 1� A" �, r s • * •• out r• :r eP,l s r wa M Will 11 M * Form-DMR-PPA-1 Page 2 of 4 ppppppp- • f' dt s �i w» i k i■ i M WO y • » * »• ♦»:.w r... sit �`, i • i # p i i." a » » •` w » e.: » »s..w»» »•.'s s �: s..s » » »., w s.. Form-DMR-PPA-1 Page 3 of 4 ppppp,p, Annual Monitoring and Pollutant Scan Permit No: NC 0004375 Month; Oct. Year: 2017 ample data based on results posted above and a flowrate of .4848 MGD can 10-1 8-IT il y ROUND ,Ua S}, Acetone Crab EPA 624 10 < 14 41.8 < .040 Aceto henone Crab EPA 625 5 < 5 6.29 < .620 2-6utanone grab EPA 624 5 < 5 9.7 < .020 o-Cresol Grab EPA 625 5 < 5 2.9 < .62 -Cresol Grab EPA 625 16 < 10 1.1 < .040 Phenol Grab EPA 625 5 < 5 5.7 < .020 Pyridine Grab EPA 625 5 < 5 O} 96 < .920 2, 4{ Crab EPA 625 1Q < 1 9.56 < .99 1 certify under penalty of law that this document and all attachments were prepared under my direction and supervision in accordance with a system to design to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons that manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations. Dwayne R. Wallace Authorized Representative Name rgnature Date Form-DMR-SPA-1 Page 4 of 4 Certified Mail # 7015 1520 0002 8386 7540 Return Receipt affiggfted June 3, 2016 Ken Golder, CEO CFI Clariant Corporation 4000 Monroe Rd Charlotte, NC 28205 SUBJECT: NOTICE OF VIOLATION Tracking Number: NOV-2016-MV-0072 Permit No. NCO004375 Mount Holly East Facility Mecklenburg County Dear Mr. Golder: A review of the January 2016 Discharge Monitoring Report (DMR) for the subjectfacility revealed the violation(s) indicated below: Monitoring Violation(g) Sample Monitoring Location Parameter Date Frequency Type of Violation 001 Effluent Bob, -Day (20 Deg. C) - Quantity 1/23/2016 5 X week ` Frequency Violation Daily (QD310) 001 Effluent Conductivity (00094) 1/23/2016 5 X week Frequency Violation 001 Effluent Nitrogen, Ammonia 'Total (s N) - 1/23/2016 5 X week Quantity Daily (QD610) 001 Effluent pH (00400) 1/23/2016 5 X week 001 Effluent Solids, Total Suspended - Quantity 1/23/2016 5 X week Daily (QD530) 001 Effluent Temperature, Water Deg. 1/23/2016 5 X week Centigrade (00010) State ofNorth Carolina I Environmental Quality i' Water Resources 610 East Center Avenue, Suite 301, Mooresville, NC 28115 704-663-1699 =requency Violation requncy Violation -requency Violation =requency Violation ! 1 - _ _ _ ... - - I I I I_ -. , 1 le Regional Office at 704-663-1699. Sincerely, W. Grey Basinger, Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office Division of Water Resources, NCDEQ; Cc: WQS Mooresville Regional Office - Enforcement File NPDES Compliance/Enforcement Unit - Enforcement File State of North. Carolina I Environmental Quality I Water Resources 610 East Center Avenue, Suite 301, Mooresville, NC 28115 704-663-169 esources TAL OUALITY August 30, Clariant Corporation 4000 Monroe Road Charlotte, North Carolina 28205 Subjec Dear Mr. Hintzen: PAT MCCRORY Govelwor DO #L g; LrtF&MA*ftR VAART secretary S. JAY ZIMMERMAN Director t016 ampliance Evaluation Inspection ariant Corporation/Mt. Holly East Plant PI ES Permit No. NCO004375 lecklenburg County i Inspection Report for the inspection conducted 41 of this Office. Please inform the facility's ty forwarding a copy of the enclosed report. at (704) 235-2192, or via email at wes.bell(&,ncdenr,gQv. Sincerely, W. Corey Basinger, Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ Enclosure: Inspection Report cc: Rusty Rozzelle, MCWQP MSC- 1617 Central -Basement WB State of North Carolina I Environmental Quality I Water Resources I Water Quality Regional Operations Mooresville Regional Office 1610 East Center Avenue, Suite 1011 Mooresville, North Carolina 28115 NPDES 3 NCO004376 I E t t l i t t t t:: .. m. a ,. .. .... s.. Ems.. .:. ..... r �+ Section B: Facility Data lily Inspected (Far Industrial Users discharging to PO , also include s vermit Plumber) Y r tative(s)lT (s)/Phone and Fax Number(s) 01704-82-27681 ponsible O(ficialiritlelPhone and Fax Number Contacted roe Rd Charlotte NC 282051 EO CF017 31- 0001 No Entry Tim ate Permit Effactive Date 09:35AM 16/08126 11/09101 Exit Time/Date Permit Expiration Gate 12:55PM 16/08125 15/06/30 Other Facility Data +'mutivit vJ -oununtuy Ut nitkiltlly%,V11:16n1wilm t udufl twuluUlidt witanb C11 11411QUYG allu 5✓I ICT4M1.tIi94.'a db IICSL.Cd» dt31 (See attachment summary) Name(s) and Signature(s) of Ins r(s) Agency/Office/Phone and Fax Numbers [late s Belt MRO /704 663-1699 EaeE.2192/� Signature of Management 0 A Reviewer Agency/Office/Phone and Fax Numbers bate W. Corey Basinger MRO /17 23 - 1 41 EPA Form 3560-3(Rev 9-94) Previous editions are obsolete. Pa t' Pormit: NCO004375 owner - Facility. Mount Holly East Facility Inspection Date- i08t2016 Inspection Typo* Compliance Evaluation Permit YO No NA HE (if the present permit expires in 6 months or less). Has the permittee submitted a new NOOO application? Is the facility as described in the permit? 0000 # Are there any special conditions for the permit? 0000 Is access to the plant site restricted to the general public? U000 Is the inspector granted access to all areas for inspection? 0 0 11 11 Comment: Th§ Division recei_v_qo the permft renewal Dackage on 12QQ/14. Clarian_t hao shut down the Ontrali&ed wagk t—reatmol (DM goemtkons include l—e acceptance of third party waste in 2912, MgpgdS tndustrlal'Services is no longer a tenant: however d the industrial go!Mplftx has added d o-Tote gs a new tenant. Influent flows _Ec gon_si§j p_f, gLogn4water (main ntribtltor), dgeqm stic wasjqstud dewgte eater ring/landfill _ Igachate, stormKater, grid gggling water (seasonal). , The Igst Loam liars evaluation insDection was performed at the facility on 2/_4/14 by QWR §At Record lie—eR109 Yes No NA KE_ Are records kept and maintained as required by the permit? so 110 Is all required information readily available, complete and current? W 0 11 11 Are all records maintained for 3 years (lab. reg. required 5 years)? a 0 00 Are analytical results consistent with data reported on DMRs? 8 0 11 C-1 Is the chain -of -custody complete? a 0 110 Dates, times and location of sampling 0 Name of individual performing the sampling Results of analysis and calibration Dates of analysis Name of person performing analyses Transported COCs Are DIVIRs complete: do they include all permit parameters? Has the facility submitted its annual compliance report to users and DWQ? 0 Ono (if the facift is = or > 6 MGD permitted flow) Do they operate 24/7 with a certified operator 0 n N El on each shift? Is the CARD visitation log available and current? 0 0 0 11 Is the ©RC certified at grade equal to or higher than the facility classification? a 0 0 11 Is the backup operator cartified at one grade less or greater than the facility classification? W 11 11 0 Is a copy of the current NPDES permit available on site? a 0 0 0 Facility has copy of previous years Annual Report on file for review? 0 0 a 0 page# 3 175 owner - Facility: Mount Holly 16 inspection Type: Compliance performed by certified personnel or laboratory? Aers(excluding field parameters) performed by a certified lab? I a contract lab? 1.0 degrees?' i ibnated/verified and documented. dirt Yes No t A PIE ipling flow proportional"? 8 © Q Q W below all treatment units? 0000 collected? ' E Q Q © n? so 0 *nature set for sample storage (kept at less than or equal to 6.0 degrees 0 0 0 ipling performed as required by the permit (frequency, sampling type a © 0 re aubiggt De rrnit re wires com osite an nab effluent sam les. The sam le was flectina 110 mi. aliquots at the time of the in section. Weekly aliquot verifications were U stream 1 Down tream Samglinq Yes No NA PIE Is the facility sampling performed as requiredby the permit (frequency, sampling type, and 0 0 0 0 sampling location)? Comment Operations & Maintenance Yes No NA NE Page# 4 Permit: NCO004375 owner - Facility: Mount H011Y East Fadity 4)ectton Date: 08/25*016 Inspection Type: Compliance Evaluation plant generally clean with acceptable housekeeping? N 0 00 the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable M 0 11 11 a, pH, DO, Sludge Judge, and other that are applicable? KA NE 3 pump wet well free of bypass lines or structures? 0 a 0 0 � wet well free of excessive grease? 0 0 11 11 idible and visual alarm available and operational? 0 0 0 0 jalization Basins Jos No tIA NE a basin aerated? 11 MOO a basin free of bypass lines or structures to the natural environment? M 0 11 0 a basin free of excessive grease? a 0 0 11 audible and visual alarms operable? 11 13 a 0 - 1375 Yes N4 NA NE © ci tent process?so 00 a basin's surface? ■ p 00 ■ 0 C 0 Ifl) ©® ■ ❑ Yes No NA NE )us wastewater? A solids in center well of circular clarifier? N © 11 ❑ ■ © 0 11 irauiting? a © Q 00011 Oudge? ■ ❑ 00 8 © 0 0 butence)? ■ 0 C lids/pin floc? ■; 0 00 tAS WAS Yes N4 f to place? so operational? No idequate spare parts and supplies on site? ® ❑ g1grement . Effluent Yes No ieter used for reporting? ■ o ter calibrated annually? meter operational? w separated) Does the chart recorder match the flow meter? Page# f ! f ! ! Q M ! 4 d... s.� •. p..... ».„. l 1. ! a. ♦ . ! !: „ !.".! t tion. page# -1 iL 6 K 'Corporation I onroe Road te, N.C, 28205 � — Division of Water Resources oberto Scheller ville Regional Office t Center Ave. ville, NC 28115 V1V14L1UF1 LeLLer CLARIANT f 1E,C 4 VFTYN (1`147 NRID, Wr,? MOOF'u"""'E", ur� cr 0004375 — Response to June 3, 2016 1 : I I : i A , I I : I I I I mliwwg�IAVWOUE Iffl."OTMUOYM11M. affiffi " MR11T, Environ Cc: need any additional information. ausle, PE al Engineer Mike Teague, Head of RSRA North America Gil Insley, Head of Environmental Affairs North America Dwayne Wallace, Operator in Responsible Charge — Mt. Holly East not performed section on the cement weather Charge )w/ice weather hat the a disruption 11fir—Umm 4 PAT MCCRORY Governor DONALD R. VAN :DER VAART ra se—tary WaterResourcesS. JAY t MER AN ENVIRONMENTAL QUALITY Director July 26, 2016 Ken Colder, CEO CFO Clariant Corporation 4000 Monroe Rd Charlotte, NC 28205 Subject. REMIT - NOTICE OF VIOLATION Tracking Number: NOV-2016-M -0072 Permit No. NCO004 75 Mount Holly East Facility WWTP Mecklenburg County Dear Mr. Golder. The Mooresville Regional Office staff have further reviewed the Notice of Violation, Tracking No. NI V- 2016-MV-0072, dated June B, 2016. Based upon review of permit violations and your written response, dated June 22, 2016, this Office will not pursue additional enforcement actions against Clariant Corp., Mt. Holly East \ANITP for permit monitoring violation noted on the January 2016 Discharge Monitoring Report (DMR) and withdraws the Notice of Violation. Thank you for your continued, cooperation with the Division of Water Resources. Should you have any questions regarding the decision by this Office in regards to this matter please contact Roberto Schller or myself at (704) 66 -1699. Sincerely, W. Corey Basinger, Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ cc Wastewater Branch MSC 1617 —Central Files File State of North Carolina, j Enviromental Quality j Maier Resources ( Water Quality RepOnal Operations Mooresville Regional O cel 610 East Center Avenue, Suite 3011 Mooresville, North Carolina 28115 704 6651699 A 74(0 AM North Carolina Department of Env Pat McCrory Governor April 22 Mr. Dwayne Wallace ORC Mt. Holly East WWTP Clariant Corporation 4000 Monroe Road Charlotte, North Carolina 28205 Subject- Reissw Clarialrr NPDEE Meckle Dear Mr. Wallace: =1 I L E t and Natural Resources Donald van der Vaart Secretary if recent correspondence it Holly East VWVTP ift NCO004375 County Marcia Allocco or myself at (704) 663-1699. Sincerely, Michael L. Parker, Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDENR Enclosures: Rescission of NOD-2015-MV-0022 Rescission of NOD-2015-MV-0023 cc: R. Rozzelle, MCWQP Wastewater Branch MSC 1617 — Central Files Basement Mooresville Regional Office Location: 610 East Center Ave., Suite 301 Mooresville; NC 28115 Phone: (704) 663-1699 \ Fax: (704) 663-6040 k Customer Servicw 1-877-623-6748 tntemet httDIIoortaLncdenr.oM6kjbANq An 6quat Opportunity l Affirmative Action Employer— 30% Racycled/10% Post Consumer paper on int mal Office �ve. Emmmmmm :rely, 3At e. Wa4'ck—, ✓ne tallace , Mt. Holly East Plant RECE'VED/NCDENRIDWR k1H 10 z615 WOROS MOORESVILLE REGIONAL OFFCg ■ RECEIVEMCDENRIDWFt APR 10 2015 Flo x MOORESVILLE REGIONALOFFICE MOD be rescinded. All parameters were within permitted limits. If you have any questions or if I can of further assistance, please contact me at (4 ) - 276 or (704) 499-1525. Thank. you. Sincerely, '. Dwayne R. Wallace OR , Mt. Holly East Plant Annual Monitoring a C 000437 Neil � x Cant Scan Month. 'September Year: 2014 n0f'• ri ar errs C? to/nik�f, , PR WnPOIS N M • N"" s - «• ate# Y. �� � , Annual Mon toein ant Scan Month: Sept. a, : MI y r A • i� A �+y MINA flzlkr�lmm�mi��� 'corm-DMR-PPA-1 Page 2 of 4 IF7- Annual Monitoring and Pollutant Scan Permit No: NC 0004375 Month: Sept. Year: 2014 Qnmr%lai e4n+n hn4tckA ^n roci tl+c n^cfari nhmia nnri i:k finwrn+o of 79rn mrn nn Q-1-1 A [g4, 6--rhch-lo-rophenol a Grab SPA 025 1Q 10 ,56 < 0.06 I certify under penalty of law that this document and all attachments were prepared under my direction and supervision in accordance with a system to design to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons that manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations. Dwayne R. Wallace Authorized Representative Name IIII-P'OxU-"C — R. W Signature k� 16 Date Form-DMR-PPA-1 Page 4of4 A AWLPI" 4 M * A C%DiE1 North Carolina Department of Envii Pat McCrory Governor April 1 Mr. Dwayne Wallace, ORC Clariant Corporation P.O. Box 669246 Charlotte, North Carolina 28266 Mount Holly East (MHE) NPIDES Permit No. NCO004375 Mecklenburg County allace: F1 lent and Natural Resources Donald van der Vaart Secretary G&I Monitoring Limitation Allocco at (704) 235-2204. Sincerely, Michael L. Parker, Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDENR ccR. Rozzelle, MCWQP Wastewater Branch MSC 1617 — Central files basement MA Mooresville Regional Office Location 610 East Center Ave,, Suite 301 Mooresville, NC 28115 Phone: (704) 663-1699 k Fax: (704) 66MO40 1 Customer Service, 1-877-623-6748 Internet: http://portal.ncdenr.org/webAAfq An Equal Opportunity k Affirmative Acton Employer - 301/6 Recyde&101% Post Consumer paper ALT' J` �f'AwA acww; a F North Carolina Department of Environment and Natural Rsourc s Pat McCrory Donald van der Vaart Governor Secretary April 14,'2015 Mr. Dwayne Wallace, CRC Clariant Corporation P.O. Box 669246 Charlotte, forth Carolina 28266 Subject: Rescission of Notice of Deficiency - Monitoring Limitations Tracking Number: NOD-2115-MV-0023 Mount Holly East (MH) WWTP PI E a Permit No. NCO004375 Mecklenburg County Dear Mr. Wallace: On April 16, 2015, this office received a response to the above referenced Notice of Deficiency (NOD). ). The NOD was issued for not monitoring and 'reporting 2, ,6-trichlorophenol,-butonone, acetone, aceto henone, o-cresol, p-cresol, and pyridine once in 2014 with units of measure of lb/day. Based upon the revised annual monitoring and pollutant scan received on April 10, 2015, this office is rescinding the above referenced Notice of Deficiency. if you have questions concerning this matter, please do not hesitate to contact Ms. Marcia Allocco at (704) 2 -2204. Sincerely, Michael'L. Parker, Regional Supervisor Water Quality (regional Operations Section Division of Water Resources, NCDENR' C: R. Rozelle, MCWQP Wastewater Branch MSC 117 — Central files basement M Mooresville Regional Office Location: 614 East Center Ave., Suite 301 Mooresville, NC 26115 Phone: (764) 663-16991 Fax: ( g4) 6 3-6640 ! Customer Service, 1- 77-623-6 48 Internet. hftp://portal.ncder rorg/web# q An Equal Opportunity i Affirmative Action Employer — 3 % Recycfed/10%6 Post Consumer paper Clariant Corporation Mt. Holly East Plant 4000 Monroe Road Charlotte, N.C. 28205 September 29, 2014 Mr. Wes Bell NC DENR Mooresville Regional Office 610 East Center Ave. Mooresville, NC 28115 Re: Clarlant Corporation, Mt. Holly East, Permit Nu 2014 Notice of Deficiency Letter imm In r ified as SW© #7). CLARIANT Sent Via Certified Mail and E-moY SEP 3 0 2014 mber NCO004375 — Response to September 11, i piped to discharge into the Catawba The outfall of concern should have .'Y au... V'-' -- "-' ---b ---V' '— ,-.v Ater we are taking the following actions: `0 #7 will be installed to direct flow across the effluent canal such that it discha wba River in a manner similar to how it had previously been configured. le existing flow proportional composite sampler will be used to collect require( ty samples. !s �dule and will let you know once the work has been completed. ise feel free to contact me directly at 704-331-7029 or kenneth.hausle(&clariant.com if you have any stions or need any additional information. erely, neth J. Hausle, PE I ronmental Engineer Corporation y East Plant (669246 N.C. 28266-9246 RECEIVED APR 10 2015 NR CENTRAL FILES 'iles DWR SECTION til Service Center N.C. 27699-1617 RECEIVED/NCDFNR/DVM APR 14 2015 WOROS MOORESVILLE REGIONAL OFFICE attached are the amended annual 2014 monitoring sample results for Clariant :ion, Mt. Holly East Plant, NPDES NC 0004375. `his facility inadvertently reported the CWT parameters in [tg/L form at instead of Lb . squired by our permit. This facility has put administrative controls in place to ensure that r does not re -occur. All parameters were within permitted limits. r you have any questions or if I can of further assistance, please contact me at (704) 822- (704) 499-1525. Thank you. I Dwayne Wallace CIRC, Mt. Holly East Plant w ng and Pollutant Scan OR : rev Phone: no. f •_ ; ti i its Iw w B 111111��� a y� wl .y■YI Farm- AMR-PPA- I Page # ng and Pollutant Scan Month: Sept, V�, r- ')()4A I Is on no 04111 N� .W�� MINIMUM Comments, *nkzQnIvAri OyxmtznI An=IxtQiQ inifintari ni itciria fho V; mint ita PPA rapnm miznr4arl hnirfinn times **Total Phenolic Comounds: Matrix spike recovery exceeded QC limits, Batch accepted based on laborato�y control sample LCS) recovey. Form-DMR-IPA-1 Page 3 of 4 )ehenol IGrab I EPA 625 1 1 Roan' Month: Sept, Year: 2014 0 **A, I A irepared under my direction fied personnel properly person or persons that information, the orate and complete. I am icluding the Dwayne R. Wallace Authorized Representative Name Signature � Date Form-DMR-PPA-1 Page 4 of 4 North Carolina Dep Pat McCrory Governor March 9, 2015 ayne Wallace, ORC t Corporation )x 66924 t , North Carolina 28266 Subject; Ir. Wallace: Parameter id Natural Res0ures Donald van der Vaart Secretary . macr saw �iaa �v. B iaiwa"nsro OD-2015-M - 22 ist (MHE) iTP No. NC0004375 �ounty Subject facility revealed a monitoring t e Monitorina Reauirement Monitor daily o,ciil penalties by the Division of Water Resources. If the violations are due to a transcription error (data left off the DMR) please submit an amended DMR (two copies) to this Office along with a cover letter asking for rescission of the Notice of Deficiency. Please address your correspondence to Ms. Marcia Allocco at the letterhead address. Thank you for your attention to this matter, if you have questions concerning this matter please do not hesitate to contact Ms. Allocco at (704) 2 5- 204. Sincerely, C Michael L. Parker, Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDNR cc: R. Rozzelle, M WQP Wastewater Branch MSC 1617 -- Central Files Basement A Mooresville Regional Office Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone: (704) 663-16 91 Fax: (704) 663-60461 Customer Service:1-877-623-6748 Intemet htto:tlpostal ncdenr.crr /webtwg h.. C«...wf fV...:nnhx.A. 1 RFF'..nntn.n Ar,Ann Cw...l.xen. 9iiPt G,ti.,e...Fm,Jt4 f1Q{_> brn{ f"nnnvexn. nnnnr ft�a NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald van der Vaatt Governer Secretary March 9, 2015 Mr. Dwayne Wallace, ORC Clariant Corporation P.O. Box 669246 Charlotte, North Carolina 28266 Subject: Notice of DeficiencyMonitoring Limitation Trading No. NOD-2015- V-0023 Mount Holly Fast HE) WWTP NPDES Permit No. NCO004375 Mecklenburg County Dear Mr. Wallace: review of the January through December 2014 self -monitoring reports for the subject facility revealed monitoring/reportingviolations of the following parameters at Outfall 00`1: Date ParameLer1reporfingcodel Reported Value Monitorinq Reauirement 9/3/14 2,4,6-tri hlorop enol (34621) <10 µg/L' Report annually in lbs/day 9/3/14 2-btanone (78356) < 5 gg/L Report annually in lb/day 9/3/14 Acetone (8165) e 10 4g/L Report annually in lbs/day 9/3/14` Acetophen ne (81553) < 5 µg/L Report annually in lbs/day 9/3114 o-Cresol (81676) < 5 µg/L Report annually in lb/day 913/14 p-Cresol (77146) e 10 µg/L Report annually in lbs/day 9/3/14 Pyridine (77045) < 10 µg/L Report annually in lbs/day A review of all monitoring information received by the Division from Clariant Corporation noted that the above parameters were monitored on September 3, 2014, and submitted to the Division alone with other annual monitoring and pollutant scan data. Unfortunately, condition A.(2) Effluent limitations and monitoring requirements for CWT parameter notes both daily maximum and monthly average permit limits for the above noted pollutants with units of measure of pounds per day (lbs/day). Because you reported the above noted parameters with units of measure; of µg/L the Division cannot determine compliance` with section .(2) of NC0004375. Therefore, an amended September 20' submitted to this office. It should inclur above parameters reported as lb/day Deficiency. Please address your corre Location: 610 Eas Phone: (704) 663-16991 Inter >. Allocco at (70) -2204. Sincerely, Michael L. Parker, l Water Quality Rica Division of Water RE IQP ah ral Files Basement NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory John E. Skvarla, III Governor Secretary September 11, 2014 Mr. Ken Golder, CEO & CFO Clariant Corporation 4000 Monroe Road Charlotte, North, Carolina 28205 Subject: Notice of Deficiency Compliance Evaluation Inspection Clariant Corp./Mt, Holly East Plant NPDES Permit N. NC0004375 Mecklenburg County Tracking #: NOD-PC-2014-0179 Dear Mr. Golder: Enclosed is a copy of the Compliance Evaluation Inspection Report for the inspection conducted at the subject facility on September 4, 2014 by Mr. Wes Bell of this Office. Please into rni the facility's Operator -in - Responsible (ORC) of our findings by forwarding a copy of the enclosed report. It is requested that a written response be submitted to this Office by October 3 2014, addressing the deficiencies in the collection of the effluent samples as further detailed in the Effluent Sampling and Summary Sections of the attached report. In responding, please address your comments to the attention of Mr. Bell. The report should be self-explanatory; however, should you have any questions concerning this report, please do not hesitate to contact Mr. Bell at (704) 23 5-2192 or at Aes _� bell a n �py.cde n r. ;incerely, Michael L. Part er, Regional Supervisor Mooresville Regional Office Water Quality Regional Operations Section Division of Water Resources, NCI ENR Enclosure: Inspection Report cc: Rusty Rozzelle, MCWQP MSC 1617-Central Files/Basement WB Mooresville Regional Office Location: 610 East Center Ave,, Suite 301 Mooresville, NC 28115 Phone'. (704) 663-1699 k Fax: (704) 663-6040 t Customer Service: 1-877-623-6748 Internet: wwnc%raterquality,org An Equal Opportunity � Affirmative Action Employer - 30% Recycled!10% Post Consumer paper United States Environmental Protection Agency Form Approved. EPA Washington, DC. 20460 LIMB No, 2040-0057 Water Compliance Inspection ReportApproval expires 8-31-98 Section A: National Data System Goading (i.e.', PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type N 5 NC0004375 111 12 14/09/04 17 18 U 19L�j 20 Inspection Work Days Facility Self: Monitoring Evaluation Rating B1 QA Reserved_. W_ _ 67 10 7013 ( 71 N 72 N 731 1 174 7LLJ L=__I Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include Entry Time/Gate Permit Effective Date POTW name and NPDES permit Number) 0930AM 14109104 11/09/01 Mount Holly Fast (MHE) Facility PO Box 669246 Exit Time/Date Permit Expiration Date Charlotte NO 28266 12:33PM 14/09/04 15106/30 Nande(s) of tOnsite Representative(s)[Titles(s)1Phone and Fax Number(s) Other Facility Data 111 Dwayne R Wallace/ O C1704-822-2768f Name, Address of Responsible Official/Title/Phone and Fax Number Contacted Ken Golder,4000 Monroe Rd Charlotte NC 28205/CEO CF01704-331-7000/ No Section C; Areas Evaluated During Inspection (Check only those areas evaluated) Permit 0 Flaw Measurement Operations & Maintenance Records/Reports Self -Monitoring Program in Sludge Handling Disposal Facility Site Review Effluent/Receiving Waters Laboratory Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s) and Signatures) of Inspectors) Agency/Office/Phone and Fax Numbers Date Wes Bell ( MRt7 WQf1704-663- IB99 Ext.21921 / a Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date EPA Form 35 0-3 (Rev 9-94) Previous editions are obsolete. Page# 1 yr{mo/day Inspection Type 375 11 121 14109/04 117 1 (Cont) 1' rges stbrmweter into the effluent canal between the two an alternate effluent monitoring location for approval by the Division, Page# Permit: NCO004375 Owner - Facility, Mount Holy East (MHE) Facility Inspection Date: 09/04/2014 Inspection Type: Compliance Evaluation Permit Yes No NA NE (If the present permit expires in 6 months or less), Has the permittee submitted a new application? Is the facility as described in the; permit? N El El 11 Are there any special conditions for the permit? N 0 0 Is access to the plant site restricted to the general public? 0 El El 0 Is the inspector granted access to all areas for inspection? 0 El El Q Comment: The Division issued oermit modifications on 6/13/2011 and 8/31/2011 regard-inregard-ing nutrient transfer re uirements 6/13/11 and implementation of a mass -based mercury limit /31/11 The subiect Dermit expires can 6/30/201 . The facilitv had ceased treatinct third loartv wastewater in the summer of 2012 and there are currentl four on -site tenants Wonark Industrial Services ento enetics EV Fleet and Renewable Enery Investments). Record Keevinq Yes No NA N Are records kept and maintained as required by the permit's Is all required information readily available, complete and current? N El 11 El Are all records maintained for 3 years (lab. reg. required 5 years)? Are analytical results consistent with data reported on DMRs? 11 [l ❑ El Is the chain -of -custody complete? Dates, times and location of sampling; Name of individual performing the sampling In Results of analysis and calibration In Dates of analysis Name of person performing analyses Transported COCs Are DMRs complete: do they include all permit parameters? [ Has the facility submitted its annual compliance report to users and DW 2? El F-1 (If the facility is =car > 5 MCD permitted low) Do they operate 24/7 with a certified operator 13 13 on each shift? Is the ORC visitation log available and current? 0 El El El Is the 4 C certified at grade equal to or higher than the facility classification? 0 El El Is the backup operator certified at one grade less or greater than the facility classification? 11 El 0 El Is a copy of the current NPDES permit available on site? Facility has copy of previous year's Annual Report on file for review? Page# 3 Permit: NCO004375 Owner - Fac tity: Mount No Inspection Date: 09104/2014 Inspection Type: Complian Record Keeping Cuent limit violations were reported:' ers performed by certified personnel or laboratory? meters(excluding field parameters) performed by a certified lab? Cng a contract lab? srature set for sample storage (kept at less than or equal to 6.0 degrees 'oliform) set to 44.5 degrees Celsius+/- 0.2 degrees? Set to 20.0 degrees Celsius +f- 1.0 degrees? i` 1 flow proportional? scow all treatment units? cted? *e set for sample storage (kept at less than or equal to 6.0 degrees performed as required by the permit (frequency, sampling type Commer 1 East (MNE) Facility I Cl N 11 1 1:1 sampling location)? Page# :i Peffnit NCO004375 Owner -Facility: Mount Holly East (MHE) Facility Inspection Datw OW0412014 Inspection Type, Compliance EvalUation Upstream/ Downstream Sam fin Yes No NA NE Comment: Ooerations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? 11 1:1 El El Does the facility analyze process control parameters, for ex: MLSS, NICRT, Settleable 11 El El El Solids, pH, DO, Sludge Judge, and other that are applicable? Comment: The facilitv appeared to be Drooeriv operated and well maintained. Process control measurements The influent is maim v comprised of pretreated groundw@teLj1agLir stripper) along with smaller flow contributions from stormwaterdomestic wastewater and leachate/sludoe dewaterina process. The orimary clarifiers have been cleaned and taken out of service, Pumn Station - Influent Yes No NA NE Is the pump wet well free of bypass lines or structures? El 13 11 Is the wet well free of excessive grease? [] El El Are all pumps present? IN El El' El Are all pumps operable? 8 C1 El 0 Are float controls operable? 11 El El 0 Is SCADA telemetry available and operational? El 0 11 0 Is audible and visual alarm available and operational? El 1:1 El N Comment, The influent Dump station jiasjeqIgjppogeqLwyith a bypass conytty(gaDnoe system to stormwater e ualiation fB if flows exceed the ca acit of the? influent um s. Ecivalization Basins Yes No NA NE Is the basin aerated? El is 0 0 Is the basin free of bypass lines or structures to the natural environment? 11 El 1:1 El Is the basin free of excessive grease? 11 0 El 11 Are all pumps present? 10 El El El Are all pumps operable? 10 El 13 El Are float controls operable? El El 11 0 Are audible and visual alarms operable? El El 11 El # Is basin size/volume adequate? 12 El El 0 Comment: The facilitv uses two stormwater eaualization basins fZ26 and Z03B). Both eaualization basins have to be manualtv ournoed back into the influent um station for treatment b the remainina processes, Page# 5 Is Is C i Ar Ar :0004375 ner - Facility. Mount Holly East (MHE) F 104/2014 Inspection Type; Compliance Evaluation to ead spots? and mixers operational? Ilona, color for the treatment process? es than % of the basin's surface? ible? ble?(1,O to 3,0 rngl!) ier yel Mack and odorous wastewater? Fsslve buildup of solids in center Well of circular clarifier? blockage? ence of short-circuiting? luate? - E 4ssive floating sludge? tional? �ptable (lows turbulence)? if excessive solids/pin floc? eel acceptable? (Approximately Y4of the sidewall depth) cilitv has one secondary clarifier in service. Po! mer is added to the clarifier inf ;o settling. The scum box has been taken out of service. F— parts and supplies on site? No NA NE El El El El El 0 El 11 1 r1 El 11 D ;o A N El C1 IN it. Page# Mount Holly East (MHE) Facility Peru NCO004375 Owner - Facility, inspection Date: 09/0412014 Inspection Type: Compliance Evaluation Flow Measurement - Effluent Yes No NA NE # Is flow meter used for reporting? 11 El 11 1:1 Is flow meter calibrated annually? 11 El 13 El Is the flow meter operational? 18 El (If units are separated) Does the chart recorder match the flow meter? 0 El N El Comment: The flow meter is verified twice 4 �r is calibrated The flow meter is calibrated by the facflit y's electrician if the flows v b 1(l°l or 'teeter from the true discharae flow rate. The facility staff must ensure that the flow meter is calibrated at a minimum of ion Pla, Flow MeasurementsL Effluent Pip Yes No NA NE Is right of way to the outfall properly maintained? It 0 1:1 El Are the receiving water free of foam other than trace amounts and other debris? 0 El 1:1 El If effluent (diffuser pipes are required) are they operating properly? Comment: The effluent a eared clear with no fltatable solids r foam: Solids Handlinq Eauipwent Yes No NA NE Is the equipment operational? 0 El El 11 Is the chemical feed equipment operational? In El 11 0 Is storage adequate? Is 0 C1 0 Is the site free of high level of solids in filtrate from filter presses or vacuum filters? 1:1 0 0 a Is the site free of sludge buildup on belts and/or rollers of filter press? 0 El El 0 Is the site free of excessive moisture in belt filter press sludge cake? El C1 1:1 11 The facility has an approved sludge management plan? 11 El El El Comment:belt' Dresses, All treatment units were o erational. The stud e dewaterin s stem has not been laced into o station since ctobr l l 3 due to the lack of stud e ion and low influent flows, The ORC indicated that the stored sled would be dewatered within the near future and disposed into the on _n 'Cel lL _ into the on -site landfill Cell #3 .. The landfill Leachate, is returned to the head of thewastewater treatment s start`. Page# 7 IF PKWA A14 * !t A irCU-N North Carolina Department of Environt Division of Water Res Water Quality Progn Pat McCrory Thomas A. Reeder Governor Director Mr. Dwayne Wallace Clariant Corporation Post Office Box 669246 Charlotte, North Carolina 28266 Subject: Coi Cla NP Me Dear Mr. Wallace: F r I iLE, and Natural Resources John E, Skvarla, III Secretary ce Evaluation Inspection .orporation/Mt. Holly East Facility rurg County United States Environmental Protection Agency Form Approved, Washington, D.C. 20460 OMS No, 2040-0057 EPA Approval expires 8-31-98 :3 1 t �1 !1, PPQIJ Section A: National Data System Coding (i,e,, PCS) Transaction Code NPDES yr/ma/day Inspection Type Inspector Fac Type LN 2 L51 31 NCO004375 11 121 13/08/02 1 17 18LCI 191 ii 20U Remarks 21 Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 QA -------------- - ---- - ----- Reserved - ------------ 671 1,5 169 70 71LNI 72LNI 731 1 174 75L_L_L_L_1_1_ij 80 -------------------- a - — Section B-, Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 08:50 AM 13108/02 11/09101 Mount Holly East (MHE) Facility PO Box 669246 Exit Time/Date Permit Expiration Date Charlotte NC 28266 11:40 AM 13/08102 15106/30 Name(s) of Onsite Representative(s)[Tit�es(s)/Phone and Fax Number(s) Other Facility Data N Dwayne R Wallace/ORC/704-822-2768/ Name, Address of Responsible OfficialfTitle/Phone and Fax Number Contacted Ken Golder,4000 Monroe Rd Charlotte NC 28205/President/704-331-7000/ No Section C: Areas Evaluat Permit 0 Flow Measurement operations & Maintenance is Records/Reports Self -Monitoring Program 10 Sludge Handling Disposal Facility Site Review 10 Effluent/Receiving Waters Laboratory S tiol action narrative and checklists as neMa2a�. (See attachment summary) Name(s) and Signature(s) of InsRq or(s) Agency/Office/Phone and Fax Numbers Date Wes Bell MRO WQ//704-663-1699 Ext.21921 L Signature of Management 0 A Reviewer Agency/OfficelPhone and Fax Numbers Da XY2 N Marcia MRO WQ//704-663-1699 Ext,2204/ EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page # 1 Permit: NCO00437 s Owner - Facility: Mount Holly East (MHE) Facility ' IFInpcticara tQt203 Inspection Type: compliance Evaluation Date: 0821 4*rflnit 'yes No NA N (if the present permit expires in 6 months or less). Has the permittee submitted a new application? o Is the facility as described in the permit? o 0 0 0 Are there any special conditions for the permit? ino no o Is access to the plant site restricted to the general public? Is the inspector granted access to all areas for inspection? 0 00 Comment: The subject permit expires on 5130/2015. The Division issued a permit modification on /13111 regarding a change in the effluent sheet A(1) to reflect a 99% nutrient allocation transfer to a future City of Charlotte Regional WWTP that would become effective based can the two following criteria: 1) an Engineer's Certificate of Construction Completion for the Charlotte regional WWTP and ) written notification from Clariant authorizing such nutrrent transfer. The Division issued a permit modification on 5131 /2011 as a result of, the untested case resolution to change the total effluent mercury limit to a mass -teased limit. The facility had ceased treating third party wastewater in the summer of 2012 and there is currently one tenant (Monark Industrial Services, Inc.) in operation at the facility site. The last compliance evaluation inspection was performed on /21/2011. Record Keeping Yes No NA E Are recordskept and maintained as required by the permit? 0 0 0 Is all required information readily available, complete and current? 0 Are all records maintained for 3 years (lab. reg, required 5 years)? fl Are analytical results consistent with data reported can DMRs? 0 Is the chain -of -custody complete? 000 Dates, times and location of sampling Name of individual performing the sampling Results of analysis and calibration Dates of analysis Name of person performing analyses Transported COCs Are DMRscomplete: do they include all permit parameters? 0 0 0 Has the facility submitted its annual compliance report to users and DWQ? (If the facility is - or > 5 MGD permitted flaw) Do they operate 24/7 with a certified operator can each shift? Is the ORC visitation log available and current? in 000 Page 4CO004375 Owner - Facility: Mount Holly East (Ml )8/02/2013 Inspection Type: Compliance Eualuati at grade equal to or higher than the facility classification? or certified at one grade less or greater than the facility classification? mt NPDES permit available on site? previous year's Annual Report on file for review? orr ct. a rarest stringent BOO and ammonia staging summer period (April - October 31). rformed by certifiedpersonnel or laboratory? 5(excluding field parameters) performed by a certified :ontract lab? set for sample storage (kept at less than or equal to m) set to 44.5 degrees Celsius+/_ 0.2 degrees? 20.0 degrees Celsius +/- 1.0 degrees? Effluent Sampling Is composite sampling flow proportional? Is sample collected below all treatment units? Is proper volume collected? Is the tubing clean? performed on the effluent sampler. Page # 4 FPermit: NCO004375 Owner - Facility: Mount Holly East (MHE) Facility Inspection Date: 08/02/2013 Inspection Type: Compliance Evaluation Upstream / Downstream Sampling Yes No NA NE Is the facility sampling performed as required by the permit (frequency, sampling type, and sampling location)? IN 0 0 01 Comment - Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? 11 0 0 0 Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge 111111 0 0 0 Judge, and other that are applicable? Comment: The facility appeared to be properly operated and well maintained. Process control measurements are being documented and maintained on -site. The influent is mainly comprised of groundwater, stormwater, and the decant/supernate from the sludge treatment process. Facility staff have dewatered the first aeration basin (Z03A) and are in the process of dewatering the second aeration basin (Z04). Equalization Basins Yes No NA NE Is the basin aerated? 000 0 Is the basin free of bypass lines or structures to the natural environment? in 0 0 0 Is the basin free of excessive grease? is 0 0 13 Are aft pumps present? in 0 D 0 Are all pumps operable? in 0 0 0 Are float controls operable? 0 0 0 0 Are audible and visual alarms operable? 0 0 0 IN # Is basin sizelvolume adequate? a 0 0 0 Comment: The facility currently uses basin Z03B as the equalization basin. This basin is equipped with a liner and has been previously cleaned out by the on -site staff. Primary Clarifi.er Yes No NA NE Is the clarifier free of black and odorous wastewater? IN 0 0 0 Is the site free of excessive buildup of solids in center well of circular clarifier? in 0 0 0 Are weirs level? 0 0 0 Is the site free of weir blockage? 0 C3 0 Is the site free of evidence of short-circuiting? 0 0 0 Is scum removal adequate? 0 0 a 0 Is the site free of excessive floating sludge? 0 0 0 Is the drive unit operational? 0 0 0 Is the sludge blanket level acceptable? 0 0 0 Page # 5 C0004375 Owner - Facility: Mount Holly Ea 3/02/2013 Inspection Type: Compliance Ev level acceptable? (Approximately Y. of the sidewall depth) facility is equipped with two primary clarifiers-, however, one prirr Nine and the second primary is used as a settling basin for the ad spots? ind mixers operational? ational? I color for the treatment preGess? ass than 25% of the basin's surface? able? able?(I,O to 3,0 mg/1) ion basins Z03 and Z04 have been taken out of service. The from the dewatering of both off-line basins is pumped to the slu( for continued treatment and disposal. See also Solids Handling I for further details, ive converted one of the existing secondary clarifiers into an aer th mixers and diffused aeration. lack and odorous wastewater? Are weirs level? Is the site free of weir blockage? Is the site free of evidence of short-circuiting? Is scum removal adequate? Is the site free of excessive floating sludge? Is the drive unit operational? Is the return rate acceptable (low turbulence)? Is the overflow clear of excessive solids/pin floc? Permit- NCO004375 Owner - Facility: Mount Holly East (MHE) Facility Inspection Date: 08/02/2013 Inspection Type: Compliance Evaluation Secondary Clarifier Yes No NA NE Is the sludge blanket level acceptable? (Approximately % of the sidewall depth) in 00 0 Comment: The facility is currently using one secondary clarifier, Polymer is added to the clarifier influent to enhance settling. The piping system for the scum box has been removed. Pumps-RAS-WAS Yes No NA —NE U000 Are pumps in place? 11000 Are pumps operational? 000W Are there adequate spare parts and supplies on site? Comment - Flow Measurement - Effluent Yes No NA NE— 11000 # Is flow meter used for reporting? 11000 Is flow meter calibrated annually? is 0 0 0 Is the flow meter operational? (if units are separated) Does the chart recorder match the flow meter? o no (3 Comment: The flow meter is calibrated/verified twice per month and was calibrated/verified on 7119/2013 by the ORC. The facility's Electrical & Instrumentation personnel is contacted if the flow meter exceeds 5% of the calculated flow volume. Effluent Pipe Yes No NA NE Is right of way to the outfall property maintained? in n- o o Are the receiving water free of foam other than trace amounts and other debris? o 0 0 13 no o im o If effluent (diffuser pipes are required) are they operating properly? Comment: The effluent appeared clear with no floatable solids or foam. Solids Handling Equipment Yes No NA NE a Is the equipment operational? in 0 13 0 Is the chemical feed equipment operational? to o o n- Is storage adequate? Is the site free of high level of solids in filtrate from filter presses or vacuum filters? 0 0 13 Is the site free of sludge buildup on belts and/or rollers of filter press? 0 0 0 Is the site free of excessive moisture in belt filter press sludge Gake? 0 D 0 0 0 0 The facility has an approved sludge management plan? Page # 7 Owner - Facility: Mount Holly East (MHE) Facility Inspection Type. Compliance Evaluation Yes No NA N iit No. WQ0000537. The landfill leachate is returned to the (lead of wastewater ment system. by Power Yes No NA NE )matically activated standby power available? NO generator tested by interrupting primary power source? 0 ll IN i venerator tested under load? 0 0 enerator tested & operational during the inspection? generator(s) have adequate capacity to operate the entire wastewater site? 0 N 0 0 a an emergency agreement with a fuel vendor* for extended ran on back-up power? in 0 0 0 jenerator fuel level monitored? a 0 0 Page ## CLARtANT CORPORATION 4000 Monroe Road MAR 06 Charlotte NC 28205 USA 11-1110 0 March 4,2013 Point Source Branch Surface Water Protection Section Division of Water Quality 1617 Mail Service Center Raleigh, NC27699-1617 NPDES No. NCo004375 I It May Concern: "j CLARIANT E MICHAEL A, TEAGUE, PH.D. VICE PRESIDENT, HEAD OF ESHA SERVICES, NORTH AMERICA Phone +1 704�331-7104 Fax +1 704MO-1,528 �Iant Dwavne Wallace Name Title If you have any questions regarding this letter, please feel free to contact me at 704-331-7104. Sincerely, *4�� w4yoft Michael A. Teague Vice President and Head of ESHA Services, North America cc: Mooresville Regional Office, Surface Water Protection Section Technical Assistance and Certification Unit FILI A, *- NICDENR Nor'�"1, Carolina De,, artment of Envirownen't and Natural Relsounces Division of Water Quality ly Eava,,s Per�lue cok-."'On K (_',ov, rnoi Diwdw, August 17, 2011 1VIr. Ken Golder, President Clariant Corporation PO Box 18278 Charlotte, NC 28218 Subject: Compliance Evaluation Inspection Mount Holly East Facility NPDES Permit No. NCO0043 75 Mecklenburg County, North Carolina Dear Mr. Golder: Enclosed please find a copy of the Compliance Evaluation Inspection Report for the inspection cor subject facility on July 21, 2011 by Ms. Donna Hood of this Office. Please inform the facility's Open Responsible Charge of ourfindirtgs byforwarding a copy of the er),closed report, not hesitale to contact Ms, floo� or nie 'at' (704) 663-1699, Sincerely, Robert B. Krebs Regional Supervisor Surface Wraer Protection Section Enclosure Dil MooresvMe Rqghlnal Office Locatbw 610 East Center Ave., Suite 301 tviloores,,6N,, No 28115 01,1e Ph,one: (704) 66316,,,,�9i Fax: (704) 663,63040 k CwAotn,,,�r Servica� 1.877 �60-6743 No"rifiC,,,urolhia N.-somg,,co, 2C46�, Ass! E P A CMB No, '.10'40-,)(-,5,7 Water Comoliance Insciection Rz� o rt Appf oval expires 3-31-98 Sechur. A Naticnal Cata Systern C'o6nc (i.e,, PCS) 1 2 11 rl(:000111'i'llb 111 121 jj/C� 1/'1j 'J' I , '18 191 sl 201 I- C Remarl<3 21LLil_LLI_I_LJ_LL_I_�_L_L_J_Lj_ij_Li_i��_LI_Lj_j_Lj_I_Li_i_LLi_i_UlI inspection Work Days FaciRy Self -Monitoring Evaluation Rating B1 QA — --------- - ------ -----Reser�ed ---------- — ---- — ----- 671 4,0 169 701 41 711 1 721 �� I 731--LJ 74 75L--L—[--L--[--L-IJ 80 Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTVV, also include Entry Time/Date Permit Effective Date POTWnarne and NPDES permit Number) Mount HoIly East (MHE) Facility 01,00 PM 11/07/21 10/10/01 PO Box 669246 Exit I irse/Date Permit Expiration Date Charlotte NC 28266 04:00 PM 11/07/21 15/06/30 plarne(s) of Onsito and Ras clurnbe�(s) Other Facility Data Dwayne R Wi1Jace/CwC/'704-822-276B/ Vj.ill-i.am M. Archer/ORC/704-822-2702/ Name, Address of Responsible Officrairritle/Phone and Fax Nurnber Coi,,tacted Ken Golder,4000 Nloarae Rd Charl.ol.-te NC 28205/Pres�tde.�it/'704-331�-7000/" No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Flow Measurement Permit Operations & Maintenance go Records/Repoils Self- Monitoring Program Sludae Handling Disposal Facility Site Review EfflUenflReceiving Waters Laboratory Section D� Summ Lo Lfy of f jnq��L(LmrineajIJA L Li-h _addouor Lq�, �heeL� of rj rf2,ti�L� and checklists @2 cessa.D� (See attachment summary) Name(s) and Signiture(s) of Inspector(s) Ag oncy/Of ilce/Ph one and Fax Numbers A/ Donna Y-"od MRO Signatu,e of Mam,cjerne,-JQ,v Revievver lcoy'Phon, and Fax Nurnben� Dat Agency/Off a J W -104 9 9 E x, r MRO Q// -663- 16 -,2204/ EFIA Form 3560-3 (Rev 9�94) Previous editions are. ohsokAe, OFPermit 'A�CC'(�4,337_� Cwner - Facfflty� Mcurt '--icky Eas�, MHE',' "Fadity Inspection Cate: 0712112011, Inspection Type, ComPfiance Eialuatton Permit Yes No NA NE Is the facility as described in the permit? F1 IF] F'j # Are there any special conditions for the permit? M 0 0 Is access to the plant site restricted to the general public? 0 0 0 Is the inspector granted access to all areas for inspection? 0 11 0 Comment: The mercury limit has been extended to 9/16/2011. _Qlaierations & M-ainteriance- Yes No NA NE Is the plant generally clean with acceptable housekeeping? 0 D 0 0 Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pFI, DO, Sludge FA 0 0 0 Judge, and other that are applicable? cornment� The facility appeared well maintained and operated at the firne of the inspection. Re�co�,: a in Yes No NA NE Are records kept and maintained as required by the permit? Is all required information readily available, complete and current? 0 D 0 Are all records maintained for 3 years (lab, reg, required 5 years)? n n n Are analytical results consistent with data reported on DMRs? 0 13 0 Is the chain-opcustody complete? n n n Dates, times and location of sampling Narne of individual performing the sampling 12 Results of analysis and calibration [)ates of analysis Offil Narne of person performing analyses V1 Transported COCs Are DMRs complete: do they include all perfTLlit parameters? I"I Fj F') Has the facility submitted itsani'Mal compliance. feportto users and DVVQ? [1 0 M 0 (if the facility is = or > 5 MGD permitted flow) Do they opemte 24/7 with a cerbified operator on each Stliff? Is the ORC visitation log available and Current? a 0 El E) Is the ORC certified at grade equal to or higher lhan the facility classification? Is the backup operator certified at one grade less or greater than the� tacility classification? In g e, V 3 ## is proper temperature set for sari Incubator (Fecal Coliforin) set to 4t Incubator (BOD) set to 20.0 degre( Comment: A laboratory in inspection. Please refer tot laboratory recornmendationy cjrol� DVs ter Is the capacity adequate? Is the mixing adequate? Is the site free of excessive foarni Is the odor acceptable? is tankage available for properly Comment: ; Is the equipment operational? is the chemical fried equipment o is storage adequate? Owner - Facility MGur. Inspection ', ype: C3rnj )le on apor t on file for review? re 2011 were reviewed for the lnspec )enod. ersonnel or laboratory? meters) performed by a certified lab? ge (kept at less than or equal to 6.0 degrees ,s Celsius+/- 0.2 degrees? +/- 1,0 degrees? tank? fudge? 0 Permit NCUCG4375 ownel Inspection Date: 07/2112011 Inspec i: Nlotl�rt �-ioi!y East :MHE) 7ac;jtty ): Caf-rviance Evaluation E_qu,i�lizatjon Basins Yes No NA NE Is the basin "'wrated? Is the basin free of bypass lines or structures to the nature] environment? c) o n Is the basin free of excessive grease? In 171 F1 Are all pumps present? FA n F1 F1 Are all pumps operable? a n n n Are float controls operable? 0 0 D M Are audible and visual alarms operable? 0 0 0 M 9 Is basin size/volume adequate? IN D D 0 Comment: Bar Screens Yes No NA NE Type of bar screen a,Manual R1 b,Mechanical ri Are the bars adequately screening debris? F1 n n Is the screen free of excessive debris? Is disposal of screening in compliance? 0 D 0 Is the unit in good condition? C3 0 0 Comment Pri er Yes No NA NE Is the clarifier free of black and odorOUS wastewater'? C, D D Is the site free of excessive buildup of solids in center well Of Circular clarifier? F1 n n Are weirs levol? r-1 ri n Is the site free of weir blockage? n n n Is the site free, of evidence of short-circuiting? [1 0 0 Is scum removal ade(JU2te? (1) FJ ID Is fhe site free of excessive floajng SlUdge? n n n Is the drive unit operational? n n n Is the sludge blanket level acceptable? rj n fj Is the sludge blanket level acceptable? (Approximately of the sidewall depth) n n 0 Page 4. Are Are Is t C)r Commeft All �ccsnul; 1rifiir Is the clarifier free of Is the site free of ex, Are weirs level? is tfie site free of wE Is the site free of as Is scum removal act Is the site free of e Is the drive unlit opE Is the return rate a( Is the overflow cle owner;. Facility N11-urit: Inspection Type: Ccirpl sk;were It Ct )C tli i'1 -)t tilt' iri(, itY, l fle 1)1'i[ .he othe'r receives flow frond the t,entralizcr rand? tment process? :he basin's surface'? „grl} rs were operational at the time of the in s wastewater? solids in center M11 of circular clarifier? cutting? ucrge? ulence)? r Pennnit: \1C,-,C(;4:"_9 Owner - FacJity� 'vlcurr. �:ac:fity Inspection Calte: 07/2 U2011 �nspecbon Type: Compfiance Evaiuwon Pump -RAS-WAS Yes No NA NE Aie, ti-iore n'doqu,",ite" spare nind �AVJ)1110,S orl LJ U Comment,- E luent S In Yes No NA NE ts composite sampling flow proportional? Is sample collected below all treatinent units? 0 n- 0 Is proper VOlUrTle collected? 0 0 0 Is the tubing clean? 0 0 0 9 Is proper temperature set for sample storage (kept at less than or equal to 6,0 degrees Celsiu,-,)? M 0 D D Is the facility sampling performed as required by the permit (frequency, sampling type representative)? E 0 El C-1 Comment, No effluent sampling was being pelformed during the inspection, Flow Measurement - Eff luent Yes No NA NE Is flow meter used for reporting? n n n Is flow meter calibrated annually'� D 0 101 Is the flow meter operational? 0 El 1-1 (If units are separated) Does the chart recorder rnatch the flow meter? a 01 01 D Comment: The effluent flow meter was cahbrated on 717/2011, Eff luent Pipe Yes No NA NE Is right of way to the OUtfall properly maintained? 0 D C-1 D Are the recerving water free of foam other than trace amounts and other debris? " D C) D If effluent (diffUser pipes we required) are they operating properly? D 11 Ml CI Comment: ,'SItT�!r1ij Downstream Sampling �!p Yes No NA NE is the facifity sarniding perfornned as roquu,ed by the perinit (frequency, sarnpling [y,,,,,,,)e, and sannpling location'I"," BE! Comment: Stan,dbv Power Yes No NA NE Is aummaLically activated standby poWer CJV,,jjjah*(�'? 01 D D Is, the generator tested by interrupting pritnafy prov(�,,,r source? gu ri Fi n too the generator tosted under load'? tu 0 D D I ,Aas gonerator tested & operational dUrIM) the inspt,-,ction? f-1 Do tl ie generator(s) have adeqUat(� capacity to opoi ate the entire wastewater site? 01 n Pago, 1# 1 kv X-Y W� NCDENR Orr North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary April 1, 2011 RECEIVED DIVIS'�!ON s"N" WATER QUALITY WILLIAM M ARCHER FACILITY MANAGER A 7 it 1� CLARIANT CORPORATION '.'4"n,P SECTION MOUNT HOLLY EAST PLANT MOORESViLLE REGIONAL OFFICE PO BOX 669246 CHARLOTTE NC 28266 Subject: Acknowledgement of Permit Modification Request for NCO004375 Clariant Corporation Mount Holly East (MHE) Plant Mecklenburg County Dear Mr. Archer: The Division of Water Quality acknowledges receipt of your Permit modification request and has assigned it to a reviewer. ensure the maximum efficiency in processing permit applications, the Division requests your assistance in providing a timely and complete response to any additional information requests. Please note at this time, processing permit applications can take as long as 60 — 90 days after receipt of a complete application. If you have any questions, please contact Tom Belnick at 919-807-6390, or via email at tmn,belnickCq)ncdenr.gov. If the reviewer is unavailable, you may leave a message, and they will respond promptly. PLEASE REFER TO THE ABOVE APPLICATION NUMBER WHEN MAKING INQUIRIES ON THIS PROJECT. Sincerely, xaa,� Dina Sprinkle Cc: Central Files VONOWWWA*gional Office Surface Water Protection Section Permit application file NCO004375 1617 Mail Service Center, Raley)h, NWh Carolina 27699-1617 Locatiow 512 N Salisbury St, Raleigh, North Camlina 27604 One Phom 919-807-6300 � FAX: 919-807-6492 k Customer Service: 1-877-623 6748 NorthOlwolinca An Equal OpporWrdy',' Affli mative Action Employer AlahmallY Clariant Clariant Corporation P.O. Box 669246 Mi. Holly Plant Charlotte, NC 28266 March 31, 2011 Mr. Tom Belnick NPDES Program Western Supervisor NC Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Re: Minor permit Modification Request NPDES Permit No. NCO004375 Clariant Corporation — Mt. Holly East Plant The City's new Regional Plant will discharge to the Catawba River just downstream from the Clariant discharge. Charlotte Mecklenburg Utilities (CMU) has been in discussions with Clariant and ReVenture Park, a prospective future owner of the Clariant Plant, about transferring nutrient allocations to the City to allow it to obtain, the NPDES Permit needed for the new Regional Plant. Clariant/ReVenture have agreed to transfer 90% of Clariant's Nitrogen and Phosphorus a] location to the City once construction of the new Regional Plant is completed. By the time of this transfer, the Clariant Plant will have phased out of industrial wastewater treatment to accommodate this nutrient reduction. We understand from our conversations with your office that the Division of Water Quality agrees with this transfer so that the City's Regional Plant may proceed with the permitting process, We are therefore seeking an NPDES pennit modification that would transfer 90% of Clariant's nutrient allocation automatically, without the need for additional permit modification in the future. This approach would simplify the administration of the transfer, provide assurance to DWQ on nutrients as it reviews the Regional Plant's perrmt limits, and design, and assure the City that the transfer is in place as it invests in construction of the new facility. @ A :7 7n PR 0 12011 _J -,-" =L1404 �A ITY POINT SOURCi BRANCH] ,�" E 8 Or To these ends, we are suggesting that DENRR modify Nate 5under Section A.(1) on page of the Clariant peirnit to read as follows: 5. The Total Nitrogen limitation is 318.5 pounds/day and Total Phosphorus limitation is 40 pounds/day based on a 1 - mo nth rolling average. Refer to Section A. (4). These limitations will remain in effect until the later to occur of both (i) the Department's issuance of a final authorization to the City of Charlotte to discharge from the City's proposed Regional Wastewater Treatment Facility adjacent to the Per ittee's facility, and'(ii) the Department's receipt of written notification from the Permittee authorizing a nutrient allocation transfer, at which time. (x) an allocation of 287 pounds/day of Total Nitrogen and 36 pounds/day of Total Phosphorus (based on a' 12-month rolling average) will be transferred to the City of Charlotte's nutrient discharge allocation for the Regional Wastewater Treatment Plant, and ' (y) the Permitte's nutrient limitations for outfa l dQ 1' will be reduced to 31.5 pounds/day Total 'Nitrogen and 4 pounds per day Total Phosphorus, based on a 12-month rolling average. , Thank you for your consideration of this peri it modification request. Please contact me if you have any questions or need additional information. Sincerely, William Archer Facility Manager Clariant Corporation Mount Holly East Plant cc. Mr. Barry Shearin — C:"MU (via email) lt�j�740AP07 PPPPP- apt RECEIVED t4 .4--- 0 ZO Ju April DMR Discussion MAY 2 7 2011 CENTRAL FILES DWQ/BOQ The attached letter describes the upset condition that occurred in April which resulted in noncompliance with monthly average BOD and with daily max BOD for 6 days. The facility permit includes a requirement to control projected release of effluent BOD + ammonia based on the most recent analytical values when river flow is< 250 CFS daily average. Clariantis conservative in controlling effluent staging, assuming a minimum river flow of 95 CFS and a release limit of 566.4 Ibs. During this episode, Clariant was compliant with this staging requirement based on the most recent analytical information we had. The actual river flow during this period as determined from water released at the Mt. Island Dam was above 250 cfs average for each of the first 11 days of April, meaning there was no staging limit for those days. The staging summary page in the DMR shows the actual river flow data for the first 11 operating days (7am — 7am) of April and that the staging requirement did not apply, It also shows the actual BOD + ammonia release quantities for those days based on the actual analytical data received days after the discharge occurred, As soon as data was available which showed the facility pumped to storage for the remainder of April, The upset condition has been corrected and the plant is operating normally so far in May, RECEIVED DIVISION OF VVAT1,,,R QUALITY svvp f � Q N MOORESVILLE'R:�'zE'GIONAL OFFICE Clariant orient Corporation P.O. Box 669246 PPPPPPCM1t . Holly Plant Charlotte, NC 28266 April 14,2011 Mr. Wes Bell NC DENR Mooresville Regional Office 610 East Center Ave,, Suite 301 Mooresville, NC 28115 Re: Clariant Corporation, Mt. Holly East Facility, Permit Number NCO004375 Non-compliance Written Notification Dear Mr, Bell: This letter is a written follow-up to my two verbal notifications to you of Clariant's Mt Holly East Plant's noncomoliarinp with Npnrzq normif ii�i+,+;--- f— r, �, m MI ' - - - � -- - � - `v "0 IJUUI IV,> I tlzsPe(AlVely Tor tnose two days, A second call was made to you that day to alert you to these new results and our action that day of closing our discharge gate and pumping effluent to storage, Despite halting our discharge, the quantity of BOD already discharged will cause us to exceed our monthly average for BOD. At the beginning of this episode, the BOD levels in our effluent showed a sharp spike in concentrations with levels of 31 mg/I on 3/30/11, 97 mg/I on 3/31/11 and 213 mg/l on 4/1/11 indicating an upset condition. Upon receiving these results, we limited our effluent discharge flow to less than 0.25 mgd (roughly a 50% reduction) and immediately began investigating a cause. In looking at retained samples from Third Party Waste shipments, we found several samples from one generator which greatly exceeded the COD strength that had been approved for this waste. The receipt of several of these shipments over several days is believed to have supplied enough soluble BOD material to overwhelm our treatment capacity and create the upset condition. We immediately halted all receipts of this waste. Our typical screening of incoming shipments for specific gravity, pH and appearance did not show anything unusual about these waste shipments. We do not believe this excursion has caused any harm to the environment, Duke Energy data indicates that water flow from the Mountain Island Dam upstream from our plant averaged 1086 cfs for the period of April 1 through April 11 which is over 4 times the upper flow value listed in the staging requirements of our permit. We have now received BOD results for April 6 & 7, 2011 which showed BOD discharges of 2081 lbs and 2287 lbs. respectively for those days, We intend to keep our discharge gate closed through the remainder of April and open it in May only after seeing effluent BOD values return to compliant levels, Facility Staus: (Please check one of the fallowing) =it requirements. Compliant meet permit requirements. Noncompliant "ective actions being taken in respect to equipment, operation, mainte a. F :hments were prepar ,,,,,®,,,, w k,�,�w,,,, , p,wMw„y gather and evaluate the information suomattea, tsased on my inquiry of the l or persons who manage the system, or those persons directly responsible for gathering the information, the informationsubmitted is, to i of my knowledge and belief, true, accurate, and complete, 'I am aware that there are significant penalties for submitting false informatior including the possibility of fines and imprisonment for knowing violations." Frank Rash Permits e (Please print ar type r , Signature of Permittee** Data PO Box 669246, Charlotte, N.C. 28266-9246 704-822-2727 30-Jun-25 Permittee Address Phone Number Permit Expiration Da 00010 Temperature 00545 Settable'Matter 00927 Total Magnesium 01042 Iron 34481 Toluene 00076 Turbidity 00556 Oil &s Grease 00929 Total Sodium 01051 Lead 38260 MBAS 00080 Color (Pt -Co) 00600 Total Nitrogen 00940 Total Chloride 01062 Molybdenum 39516 PCBs 00082 Color (ADMI) 00610 Ammonia 00951 Total Fluoride 01067 Nickel 50050 Plow 00095 Conductivity Nitrogen 01002 Total Arsenic 01077 Silver 50060 Total Residua 300 Dissolved Oxygen 00625 Total Kjeldhal 01027 Cadmium 01092 Zinc Chlorine 00310 BODs Nitrogen 01032 Hexavalent 01105 Aluminum 71880 Formaldehyde 00340 COD 00630 Nitrates!' Nitrites " Chromium 01147 Total Selenium 71900 Mercury 00400 pH 00665 Total Phosphorous 01034 Chromium 31616 Fecal Coliform 81551 Xylene 00530 Total Suspended 00720 Cyanide 01037 Total Cobalt 32730 Total Phenolics Residue 00745' Total Sulfide 01042 Copper 34235 Benzene Parameter Code assistance may be obtained by calling the Point Source Compliance/Enforcement Unit at (919) 733-5083 or by visiting the Water quality Section's web site at h2a.enr.stste.nc.uslwosand linking to the Units information, Use only units designated in the reporting facility's permit for reporting data. * ORC must visit facility and document visitation of facility as required per 15A NCAC 8G .0204, ** If signed by other than the permittee, delegation of signatory authority must be on file with the state per 15A NCAC 2B .0506 (b) (2) (D). e will supply additional information on this episode after we have data showing the plant is again operating properly. Please contact me if you have questions or need additional information. Sincerely, Sill ,archer Facility Manager ppppp,p- Clariant WWTP Nutrient Worksheet Reporting Month. Aril 2011 Beginning Month A r°il g1 (Month ) Ending Month: Ma 2010 (Month ) Monthly Average Monthly Average Total Nitrogen Total Phosphorus lbsid lbs da Month 1 25.92 11.91 Month 2 127.34 28.99 Month 3 115.76 13.34 Month 4 107.61 8.53 Month 5 99.20 6.02 Month 6 122,34 20.92 Month 7 89A2 11.85 Month 8 61.02 7.01 Month 9 126.40 5.40 Month '10 226.63 15.76 Month 11 254A9 9.82 Month 12 263.43 1.61 12- Month Mass Loading 134.96 12.76 Note: The TN and TP mass loadings for the current reporting month should be for Month 1. ppppppp- Clariant Corporation P.O. hex 666246 W Nally Plant Charlotte, NC 26266 April 14, 2011 Mr, Wes Bell NC 10ENR Mooresville Regional Office 610 East Center Ave., Suite 301 Mooresville, NC 28115 Re: Clariant Corporation, Mt. Holly East Facility, Permit Number NCO004375 Non-compliance Written Notification RECEIVED DIVISION N &r° tivATER QUALITY APR F ; t.t This letter is a written fallow -up to my two verbal notifications to you of Clar ant's Mt Holly East Plant's noncompliance with NPCiE ; permit limitations for BOO, On Friday, April 8 we received BOO lab results from a contract lab which showed we had exceeded our daily max BOO limit of 888.5 lbs for April 1, 2011 by discharging 003 lbs that day. The verbal notice was made to you as a matter of information and because we wanted to alert you that we might also be out of compliance in subsequent days On Tuesday April 12, we received additional lab results which showed significantly higher BOD levels for samples collected on April 4 & 5, resulting in discharges of 2057 lbs and 550 ids pounds respectively for those two days. A second call was made to you that day to alert you to these new results and our action that day of closing our discharge gate and pumping effluent to storage. Despite halting our discharge, the quantity of BOD already discharged will cause us to exceed our monthly average for' OD. At the beginning of this episode, the BOD levels in our effluent showed a sharp spike ih concentrations with levels of 31 gll on /30/11, 07 mgll on 131111 and 213 mgll on 411f11 indicating an upset condition. Upon receiving these results, we limited our effluent discharge flow to less than 0,25 mgd (roughly a 50 reduction) and immediately began investigating a cause. In looking at retained samples from Third Party Waste shipments, e found several samples from one generator which greatly exc eedt.d the COD strength that wad been approved for this waste. The receipt of several of these shipments over several days is believed to have supplied enough soluble BOO material to overwhelm our treatment capacity and create the upset condition. We immediately halted all receipts of this waste. Our typical screening of incoming shipments for specific gravity, pH and appearance did not show anything unusual about these waste shipments. We do not believe this excursion has caused any harm to the environment. Duke Energy data indicates that water flow from the Mountain Island Dam upstream from our plant averaged 1086 cfs for the period of April 1 through April 11 which is over 4 times the upper flow value listed in the staging requirements of our permit. We have now received BOD results for April 6 & 7, 2011 which showed BOO discharges of 2081 lbs and 228 lbs: respectively for those _days. We intend to keep our discharge gate closed through the remainder of April and open it in May only after seeing effluent BOD values return to compliant levels. ppppppp- We will supply additional information on this episode after we have data showing the plant is again operating properly. Please contact me if you have questions or need additional information. Sincerely, &I 1Y a�41AZ-�' Bill Archer Facility Manager Allocco, Marcia From: Krebs, Rob Sent: Monday, November 08, 2010 7: 7 AM To: Allo co, Marcia Subject: FW: Clariant NPDES Permit adjudication Additional into, Rbk From. Weaver, Charles Sent: Friday, November 05, 2010 10:23 AM To: Beinick, Tom Cc: Krebs, Rob; Poupart, Jeff; Chernikdv, Sergei Subject. FEE: Clariant NPDES Permit adjudication Tar a -- if the permit has been adjudicated, the whole permit goes o fline until the adjudication is resolved. What's the date on the adjudication request? Once that date is entered into BIMS, all compliance is evaluated against the previous version of the permit [until the adjudication is resolved]. CHW From: Beinick, Tom Sent: Thursday, November 04, 2010 5:09 PM To: Weaver, Charles; Chernikov, Sergei; Poupart, Jeff Cc: Krebs, Rob Subject: FW: Clariant NPDES Permit Charles- the mercury limit for NCO00 75 (Clariant) has been contested and stayed. We are currently working out a settlement agreement to allows instream mercury data collection with a re-evaluation of RPA after 6 months. Have you stayed individual limits in RIMS pending settlement? Rob-;fyi. if monthly fast track shows a mercury violation, please BPJ with settlement pending. We pit in mercury limit of 12 n8/6 (water quality standard at end of pipe, with no dilution) lased on EPA stance that all waters in NC are listed a impaired for mercury and therefore facility cannot be allowed to discharge above 12 ng/l. If facility collects upstream data that shoves the stream is not impaired (values are below 12 n /l), then we can apply full stream dilution when considering the need for a mercury limit. Tom Beinick Supervisor, Complex NPDES Permitting knit NC DENR/i ivision of Water duality 1617 Mail Service Center, Raleigh, NC 27699-1617 (9 9) 807-6390, fax (919) 8 7- 95 E-mail correspondence to and from this address may be subject to the North CarolinaPublic Records Law and may be disclosed to third parties. From: Levita , Steve [m ilto: LevitasC kilpatrickstockton,com] Sent: Wednesday, October 13, 2010 11:28 AM To. Belnick, Tom; Poupart, Jeff I Km,C OCKN LALr Attim,ne .sat t u,, Steve L. vitaa KilpatrickStockton LLB Confidentiality Notice: This communication constitutes an electronic communication within the meaning of the Electronic Communications Privacy Act, 18 U.S.G. Section 2510, and its disclosure is strictly limited to the recipient intended by the sender of this message This transmission, and any attachments, may contain confidential attorney - client privileged information and attorney work product. If you are not the intended recipient, any disclosure, copying, distribution or use of any ofthe e information contained in or attached to this transmission is STRICTLY PROHIBITED, Please contact us immediately by return e-mail or at 404 815 6500, and destroy the original transmission and its attachments without reading or saving in any manner. ***DtSCLAiMER*.* Per Treasury Department Circular 2 0: Any U.S. federal tax advice contained in this communication (including any attachments) is not intended or vaitten to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. 2 PF I PLEASE PRINT CLEARLY OR TYPE STATE O T14 NORCAROLIN'A ADMINISTRATIVE i HEARINGS THEOFFICOF � S COUNTY OF (1) CKLENBTI-R s , a (2) CLARtANT CORPORATION--) ACT 1° (your name) 'E`I'ITIONEi, } PETITION j FOR CONTESTED CASE HEARING (3)-DEPARTMENT OF ENUIRCIN LENT AND NA'rLc L ) SOURCES. DIVISION OF LA 4TER QUALITY ) RESPONDENT, } (The State agency or board about which you are complaining) ) I hereby ask for a contested case hearing as provided for by North Carolina General Statute § 150B-23 because the Respondent has: (Briefly state facts showing how you believe you have been harmed by the State agency or board.) included effluent limitations for 1:otal lu ercury in laetiticiner's NPI ES Permit for its Alt. Hail East l acilit Permit 2`I i} I)4 6 _ that are unreasonable arbitrar and ca vicious and not in accordance with law. () Amount in controversy S N/A (if applicable) (If more space is needed, attach additional pages,) () Because of these facts, the State agency or board has: (check at least one from each column) deprived me of property; exceeded its authority c r jurisdiction; XC ordered me to pay a fine or civil penalty; or X acted erroneously; X otherwise substantially prejudiced my rights; AND ___X_failed to use proper procedure; ,X acted arbitrarily or capriciously, or X failed to act as required by law or rule. (6) Date: C7ctober l l 2010 (7) Your phone number; { 91 } 424-1707 ._ (8) Print your full address: 373 _Glenwood Avenue Suite 404 RA1ei h NC 27612 (street addresstp.o. box) (city) (state) (zip) (9) Print your nacre: Steven J, Levitas (10) Your signature: You must mail or deliver a COPY of this Petition to the State agency or board named on line (3) of this form. You should contact the agency or hoard to determine the name of the persona to be served. CERTIFICATE OF SERVICE I certify that this Petition has been served on the State agency or board named below by depositing a copy of it with the United States Postal Service with sufficient postage affixed OR by delivering it to the named agency or board: (I I) Ivlary Penn Tlanr sons vise (IZ) Dena lent of Environment and. Natural Resources UC�k (name of person served) (State agency or board listed on line 3) (13) 1601 Mail.Service Center Raleigh NC 27699-1601 (street address/p.o. box) (city) (state) (zip code) (14) This the I I `i ; (15) M When you have completed this form, you MUST mail or deliver the ORIGINAL AND ONE COPY to the Office of i Mail Service Center, Raleigh, NO 27699-6714. H-06 (05110) ainistrative Hearings„ 6714 This box for Q T use onIv. Amount Paid $ tl Indigent (mint complete form HOI } U Casa — receipt number a Mandated federal cause of action n Money Order n Certified Check 0 Attorney Trust Account Received by: Check number INSTRUCTIONS FOR FORM H-06 "PETITION FOR A CONTESTED CASE" AND "C: RT1YICATE OF SER CIE H-06 Instructions (0511 q) NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Paves Perdue Soleen H. Sullins Dee Preeman Governor director Secretary September 9, 201O Bill Archer, Facility Manager Clariant Corporation P,O. Box 669246 Charlotte, North Carolina. 28266 Subject, Issuance of NPDES Permit NCf1.004375 Clarint Corporation Mecklenburg County Dear Mr. Archer - Division personnel have reviewed and approved your application for renewal. of the subject pernut. Accordingly, we are forwarding the attached NPDES discharge permit. This pemait is issued pursuant to the requirements ofNotth Carolina General Statute 143-215.1 and the Memorandum ofAgreement between North Carolina and the U.S. Environmental Protection Agency dated October 15, 2007 (or as subsequently amended). This final permit includes following major changes from the draft sent to you on June 8 2010: The permit limits have been recalculated to include the contaminated groundwater flew that was incorrectly identified in the renewal application. If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicatoty hearing upon written request -within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, confonning to Chapter 15 B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings (6714 Mail Service Center, Raleigh, North Carolina 27699-6714). Unless such demand is trade, this decision shall be final and binding. 1 17 Mail Service Center, Ralegh, North Carolina 27699-1617 Location: 512 N. Salisbury St Raleigh, North Carolina 27604 Drie Phone: 919.807.6300kFAX:919-807-64921CustoinerSerrice,1-.877-S23.6748 �1Q �f� Interww w,ncrytaterquaitiv.org � l l An t yval ttpp�lun ty l Atfi mauve Aesorimp[�yer Please note that this permit is not transferable except after notice to the Division. The Division may require modification for revocation and reissuance of the permit. This permit does not affect the legal requirements to obtain other pem is which may be required by the Division of Water Quality or pen -nits required by the Division of Land Resources; the Costal .Area Management Act or any other Federal or Local governmental permit that may be required. If you have any questions concerning this p *t, please contact Seigei Cherrukov at telephone number (919) 807-639 . Sincerely, x / �C teen H. Sullins / c`7 { / cc: NPDES Files Central Files `3 ooresvitle Regional Office -Surface Water Protection EPA Region TV (e-copy) Aquatic Toxicology Unit (e-copy) Meredith Moore (e-copy. Meredith,rnoore a mecklenburgcountync.gov) 1617 Mail Serviice Center, Ralegh, North Carolina 27699-16 7 Location: 612 K Salisbury St. Raleigh, North Carolina 27604 One Phone: 919-807-6300 k FAX: 919-807.6492 t customer Samoa: 1-877.623.6748 o ,Caro/hna to ,Equa wwoo lly k AYquattiveAc �G i,r t l' An ;~qua 4pPartursliy t Affirmative Action Employer Per at NC0004 75 STATE OF NORTH CAROLINA DEPARTMENT OF EN'VIRONTMAN' 'jjAN NATURALSOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE WASTEWATER UNDER. THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision -ofNorth Carolina General Statue 143-215.1, other lawful standards and regulations promulgated and adapted by the North Carolina Environmental Management Co scion, and the Federal Water Pollution[ Control Act as amended, Clariant Corporation is hereby authorised to discharge wastewater from a facihty located at the Mt. Holly East Facility NC-l-Iiglaway 27 northwest of Charlotte Mecklenburg Counq, to receiving waters designated as the Catawba River in the Catawba River Basin in accordance with effluent limitations, monitoring ng requirements, and other conditions set forth in Darts I, II, III and IV hereof This permit shall become effective October 1 2010, This perirut and authorization to discharge shall expire at midnight on June 30, 2015, Signed this day September 9, 2010. ' (—C'�ee- N. S s, L7irector Division of Water Ouality By Authority of the Environmental Management Commission 1 SUPPLEMENT TO PERMIT COVER SHEET All previcus NPIDES Pets issued to this facility, whether for operation or discharge are hereby revoked. As of dais permit issuance, any previously issued permit bearing this number is no longer effective. Therefore, the exclusive authority, to operate and discharge from this facility arises finder the permit conditions, requirements, terms, and provisions included herein Clarlant Corporation is herby authorized to. 1: Continue operation of a 3.9 MGD wastewater treatment plant consisting of the following treat anent .truts: • Two storrnwater equalization basins for non -alkaline wastewater; • Two stormwater equalization basins for alkaline wastewater* • Two acid neutralization tanks-, • One hine slurry tank; • Two primary clarifiers; • One wastewater equalization basin; • One aeration basin with mechanical aeration; • Two secondary clarifiers; • Two polishing ponds; • Staged discharge facility including effluent holding; basin and Mast aeration; • Two sludge holding tanks, and • Two sludge dewa.tering belt presses. This facility is located at the Mt. Holly East facility off NC Highway 27 northwest of Charlotte in Mecklenburg County. Discharge treated centralized waste treatment (C'T) and non -categorical industrial process wastewaters from said facility at the location specified on the attached map through outfall 001 into the Catawba River, classified WS-IV CA waters it the Catawba Rivet Basin. 2 A. (1) FFLUENT LIMITATIONS AND MONIT expiration, the Perrruttee is authorizes to 001. Such discharizes shall be lnnsted and HREM fTS .lion offature wastewater sources or ustrial proeess wastewater from outfall EFFLUE CE CTERISTICS ` I_FFL Li1Vt -SA It S, .. ` .. onthlLAvera e a,r 1y%s MOPZpt RTN QTII. ivlEl�liS . .� .. Flow 3.9 MGD Continuous Recording Influent or Effluent 800, 5-day, 20°C4 300,1 pounds/day 88M pounds/day Daily Composite Effluent Total Suspended Solids 395A pounds/day 1,245.2 pounds/day Daily Composite Effluent Oil and Grease 102.9 poundstday 344.2 pounds/day Monthly Crab Effluent Dissolved Oxygen Daily Grab Effluent, U1 & Dr Fecal Coliform (geometric mean Monthly Grab Effluent pNz Daily Grab Effluent, U, & Dt NH3 as W 574.5 pounds/day 861.8 pounds/day Daily Composite Effluent, Temperature °C Daily Grab Effluent, Ur 8,—,nl Conductivity` Daily Gia6 � Effluent, Ui & Dr COD Monthly, Grab Effluent Total Nitrogen-5 (NO2+NQ3+TKN) See below for Annual Average Monthly Composite Effluent Total Phosphorus$ See below for Annual Average Monthly Composite Effluent Total Mercury 12 n IL 12 n 1L cnthl Grab Effluent Total Phenols Monthly Grab Effluent BAS Quarted Corn osite ` Effluent Total Iron Quarted Com asite Effluent Sulfates Chlorides TtttI Man anew Queried Quarterl Quarter!' om asite - Com site Composite Effluent Effluent Effluent Chronic Toxic! a Quarterl Com osite Effluent Total hromiurn Monthly > Corn osite Effluent Total Antitmon 310 /L 31;0 IL Monthf , Corn csite Effluent Total Arsenic 2,771 pg/L 2,771 pg1L Monthly Composite Effluent Total Co er 3.91oundslda 4.5 pounds/day pounds/day Monthl Com osite Effluent Total Zinc 2:2 ounds/da .6 oundstda' Mcntitl Coin osite Effluent' Pao €es: 1. U= iupstrea at"N Fisgh vay 27, D = downstrea at 1-85. Upstream and downstream samples for dissolved oxygen, temperature, conductivity and p14 shall be collected three times per week during June, July, August and September and once per week during the remaining months of the year. 2. ' The pH shall not be less than 6,0 standard units nor greater than 9.0 standard units.; 3. Chronic Toxicity; refer to Section A. (3). 4. Staging requirements (applicable April 1-October 31) - Refer to Section A. (5), 5. The Total Nitrogen limitation is 318.5 pounds/dap and Total Phosphorus limitation is 40.0 pounds/day Erased on a 12- month lolling average. Refer to Section A. (4). There shall be no discharge of floating solids or visible foam in other than trace amounts. 3 When an approved analytical protocol with the appropriate muutnurn. detection level is followed and a result of "non-detecrable" or "below qu ntitac on limit" is obtained, the perrnittee ,.xU be considered to be i.n cornpiiance with the numerical perrut limit for that pollutant. A. () EFFLUENT LIMITATIONS ADD MONITORING REQUIREMENTS CWT Parameters trtrx a aiayp 41.8 Annually } Grab �r Effluent Acetone 158,6 Acetophenone 016 0,29 Annually Grab Effluent 2-Butanone 25,3 9.7 Annually Grab effluent o-Cresol 10A 2.9 Grata Effluent p-Cresol 33 Li Annually Grab Effluent Phenol 19.2 5.7 Annually Grab Effluent Pyridine ` 1.9 O196 Annually Grab : Effluent 2,4,6-Trichlorophe..1 0,81 Ci.56 lnnuaL} Grab EEEiucne Notes for C T Parametets Should any annual monitoring result in detection of a CST parameter contained in 40 CFR, 437 Subpart D then . quarterly monitoring will begin immediately for the detected parameter(s). After four consecutive quarterly; samples resulting in non -detection are achieved, the monitoring frequency will revert to annually. When an approved analytical protocol with the appropriate minimum detection level is followed and a result of "non - detectable." or "below quantitation limit" is obtained, the perittee will be considered to be in compliance with the numerical permit lirrniit for that pollutant. A. (3) C14RONIC TOXICITY PERMIT LIMIT" (Quarterly) The effluent discharge shall at no tithe exhibit observable inhibition ofreproductinn or significant mortality to Certodarphvia duhia at an effluent concentration of 1 8%. The permit holder shall perform at a minimum, um, ar�e,_rli monitoring using test procedures outlined in the "North Carolina Cetiodaphnia Chronic Effluent Bioassay Procedure," Revised February 1998, or subsequent versions or "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised -February 1998) or subsequent versions. The tests will be performed dmriirg the months of March, June, September, and December. Effluent sarnplirsg for this testing shall be performed at the NPDES permitted final effluent discharge below all treatment processes. If the test procedure performed as the first test of any single quarter results in a failure or ChV below the permit limit, then multiple -concentration testing shall be performed at a mirdinum, in each of the two following months as described in "North Carolina Phase IT Chronic Whole Effluent Toxicity Test Procedure" (Revised -February 1998) or subsequent versions. The chronic value for multiple concentration tests will be determined using the geometric mean of the highest concentration having no detectable impairment of reproduction or survival and the lowest concentration that dues have a detectable impairment of reproduction or survival. The definition of "detectable impairment," collection methods, exposure regimes, and furthet statistical methods are specified in the "North Carolina Phase IT Chronic Whole Effluent Toxicity Test Procedure" (Revised -February 1998) or subsequent versions. All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Monitoring Form -1) for the months in which tests were performed, using the; parameter code TGP3B for the pass/fail results and THP3B for the Chronic Value, Additionally, DWQ Form AT-3 (original) is to be sent to the following address; 4 Attentiom North Carolina Division of Water Quality Environmental Sciences Section 1621 Mail Service Center Raleigh, North Carolina 27699-1621 Completed Aquatic Toxicity Test Forms shalt be Eled with the Environmental Sciences Section no later than 30 days -after the end of the reporting period for which die report is made, Test data shell be complete, accurate, include ald supporting chernk:al/physical measurements -and all concentration /response data, and be certified by laboratory supervisor and ORC orapproved designate signature. Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of the waste stream, Should there be no discharge of fio%v from the facility during a month in which toxiicity monitoring is required, the pen-nittee orill complete the information located at the top of thesquatic toxicity (Al) test form indicating the facility name, permit number, pipe number, county, and the month/year of the report with the notation of "No Flow" in the comment area of the form. The report shall be submitted to the Envirorinnental Sciences Section at the address cited above, Should the permittee fail to monitor during a month inwhich toxicity monitoring is required, morutornig %vill be required during the folkswinC month, Should any test data from this monitoring requirement or tests performed by the North Carolina Division of Water Quality indicate potential impacts to the receiving stream, this permit may be re -opened and modified to include alternate monitoring requirements or limits, If the Permittee monitors any pollutant more frequently then required by this permit, the results of such monitoring shall be included in the calculation & reporting of the data submitted on the D1,AR & all AT Forms submittecf NOTE: Failure to achieve test conditions as specified in the cited document� suchas milinnuin control organism survival, minimurn control organism reproduction,and appropriate en-vironmental controls, shall constitute an in, valid testarid will require inunediate follow-up testing to be completed no later thin the last day of the month following the men tb of the hritial monitoring. A� (4) TOTAL PHOSPHORUS AND TOTAL NITROGEN MONITORING The Peonittee shall calculate a 12-month rolling average mass loading as the sum of monthly loadings, according to the following equations: (1) Monthly Average (pounds/day) = TP x Qw x 8.34 where- TP the arithmetic average of total phosphorus concentrations (mg/L) obtained via composite samples (either daily, weekly, or monthly average values) collected during the month Qw the average daily waste flow (MGD) for the month 8.34 =coriversion factor, from (mg/L x MGD) to pounds The 12-month telling average mass loadirg is defined as die sum of the montlily average loadings for �he previous 12 months inclusive of the reporting month: (2) 12-Month Average Mass Loading (pounds,/day)= 17ama -. 12 (inclusive of reporting month) Where- va = the total phosph orns :ro thly average mass loading (calculated above). Total Nitrogen is to be calculated using the mare method. Tlie monthly average and 12-monrh'average mass loadings shall be reported can the attached worksheer and submitted with the discharge monitoring report for Clariant Corporation. The frrstworltsheet is due with the discharge monitoring report, 12 months from the effective elate of the total phosphorus and total nitrogen limits. In the interim period betaveen the effective date and the requirement to submit the attached wrrksk eet, the total phosphorus and total nitrogen monthly average mass loadings should be reported on the discharge monitoring report for the respective facility. The Permittee shall report the: total phosphorus and total nitrogen concentrations for each sample on the discharge monitoring report. Deporting of and compliance with the phosphorus and nitrogen limits shall be done on a monthly basis" A. (5) STAGING REQUIREMENTS (APPLICAJ33.LE APRIL 1— OC OBER 31) The operating day runs Prow TOO am to 7:00 aria" Each day, the perrrait:tee %' ill calculate a running daily average stream flow as determined by turbine operation at 1vtountain Island Dam, leakage at the daxn (80 cfs), and the 7Q10' flow of Dutchman's Creek (15 cfs). Effluent release is to be controlled such that projected release of BOD and ammonia, using the most recent analytical values for these parameters,will not exceed the value given in the following forninlas (1) When the daily river flow is calculated to be < or = 175 cfs. BOD5 + 0;54(N,14 -"lei) <=566.4 paunds/day () When daily average river flow is calculated to be >175 cfs but < or = 250 cfs. BOOS + t93401 1I-1r-N) <=101 l pounds /day The attached additional DNM sheet (see next page) shall be :used to monitor compliance with B D and NH3 staging requirements during the saa er (April 1 -- October 31) 6 correspondence Profile Cover Sheet �1 loom MCDENR Correspondence Tracking System Summary Stipulation ofAgreement and Joint Motion to Stay Proceedings: Clariant Corporation v. D Received 12/21/2010 via Later Legal issue for Mary Penny Thompson Issued 12/16/2010 by Steven J. Levitas of ° Kilpatrick Stockton, LL _ ._._....... ............ - -------- .__ _ ..... For Recipient Use Only � To. Date: I / Respond By: Please: Prepare areply for my signature d return to me Reply, noting the letter was referred to you by me. Prepare a reply for the drove or's signature and return to me. Reply, noting the letter was referred to you by the Governor. � For your information. Take appropriate action. Note and file. Mote and return to me. Note and see me about this. Your commentsand/or recommendations. 'Copy to Secretary's Office Remarks ttp:// b .e te.nc. os/ t 1p " t:do?dispatch=crsdP o le& d=410 12/ 1/ 010 fvml3Y m1 STATE OF NORTH CAROL INA IN THE OFFICE OF v� )RO ,a 01T ADMINISTRATIVE HEHEAR, COUNTY OF MECKLENBURG 10 EHR 6336 CLARI NT CORPORATION, Petitioner, V. STIPULATION OF AGREEMENT AND JOINTMOTION TO STAY PROCEEDINGS DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES, DIVISION OF "WATER QUALITY, eS ondent. The Petitioner, Ctariant Corporation ("Clariant"), and the Respondent, Department of Environment and Natural Resources, Division of water Quality ("DWQ") (collectively the "Parties") by and through the undersigned counsel, pursuant to 26 NCAC 3,0115, hereby file this Stipulation of Agreement and Joint Motion to Stay Proceedings (the "Stipulation") of this Contested ease. The Parties hereby stipulate and agree as follows: 1. On September 9, 2010, DWQ issued National Pollutant Discharge Elimination Permit No. NCO0 4375 (the "Permit") to Clariant for its Mt. Holly Fast Facility. 2. Clariant has instituted Contested Case No. 10 E14R 6336 (the "Contested Case") in the Office of Administrative Hearings ("OAII`") challenging the effluent limitation for mercury of 12 nanograms per; liter ("ng/L.") contained in Pen -nit (the "Current Mercury Limit"). 3. DWQ has allowed other dischargers to demonstrate through in -stream sampling that mercury concentrations in the receiving streams to which they discharge are below the state water duality standard of 12 n tL so that an ;effluent limitation for mercury of greater than 1 ng/L can be developed and included in their permits. 4e The Parties now wish to use a simil, all matters in controversy between them relating i litigation in the Contested Case. 5. In order to utilize the procedure proceedings in this Contested Case for a period of r 6. Clariant shall conduct upstream sari of such sampling are above 12 ng/L for i 7. If Clariant documents that in -stream mercui shall develop a new effluent limitation for mercur 3,lysis cond-ucted by Clariant ("INTodified 'Mercury', the Current Mercury Limit with the Modified Mer instituting a new contested case Permit without the necessity of f ioaths. mercury using EPA method I i ation specified in the Permit. I months, Clariant may terminat, dismiss the Contested Case. ,oncentrations are less than 12 r used on the results of the samy ry Limit. Within thii s the Contested Case < ---" "' J ' I 114111t LXJ 1,ojJi4'-V L11v 1—Ulient rermiL iima witn a Modified Mercury Limit, Clariant may resume prosecution of this Contested Case upon expiration of any stay granted by the Court. 9. With the exception of the Cur -rent Mercury Limit, the Permit shall otherwise become effective, with an effective date of December 1, 20 10. The Current Mercury Limit shall continue to be stayed until the Contested Case is dismissed or a final decision adverse to Clariant is rendered in the Contested Case. 2 1 d. This assigns, parents, affl and warrant; that the; H REFO 1. issue and dates therein (, 16, 2011, to allow tf lead to settlement an, 2. Grant' A proposed order is This the -10 P :)n shall be final and binding upon the Parties, and id subsidiaries, upon execution by the undersigne+ iorized to enter into this Stipulation on behalf of the arties respectfully request that the Court: r staying the proceedings in the Contested (ease a s to take the actions agreed to herein, wh sal of this Contested Case; and ier and further relief as the Court deems ju to this motion. December, 2010.. C:LxARIANT CORPORATION Mike Teague Vice -President axz�tui���, .�c�sclaivx .e Parties expect will proper. EPART` E-NTT OF ENVIRONXIENT AND NATT L RESOURCES, DIVISION OF WATER QUALITY BeInick Supervisor, NPDFS Complex Permitting Unit m Anita LeVeaux N.C. State .Bar No. 13667 Assistant Attorney General Department of Justice — Attorney General's Office Environmental Division P.O. Box 629 Raleigh, NC: 27602-62 Telephone: (91 ) 716-66 0 Attorne for Respondew 4 CERTIFICATE OF SERVICE. It is hereby certified that the foregoing STIPULATION OF AGREEMENT AND JOINT MOTION'Tt STAY PROCEEDINGS has been sued this day by depositing a copy thereof in the United States mail, postage prepaid and 'addressed as follows: Ms. Anita LeVeaux, Esq. Assistant Attorney General North Carolina Department of Justice' P,O. Box 62 Raleigh, NC 27€02-62 Ms. Mary PennyThompson, Esq. General Counsel and. Assistant Secretary of Information 1601 Mail Service Center Raleigh, NC 27 9 -1601 This the flt"'day of December, 201 O. .iLP ATRICK-. STOCKTON LLB' 3737 Glenwood Avenue, Suite 400 Raleigh, North Carolina 2761 Telephone: (1) 20-17 0 5 STATE OF NORTH CAROLINA IN THE OFFICE OF ADNfMSTRATI'VT'HE,ARfNGS COUNTY OFF ?MECKLEINBURG 10 EHR 6336 CLARIANT CORPORATION, Petitioner, V. ORDER DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES, DIVISION OF WATER QUALITY, Ilesoondent, This matter comes before the Court on the parties' Stipulation of Agreement and Joint Motion for Stay ol"Proceedings, For good cause shown, it is hereby ORDERED as follows: Ali proceedings in this matter are stayed until September 16, 2011, This case shall be removed from the Court's calendar until September 19, 2011, and all deadlines in this matter shall be suspended during this stay period, SO ORDERED, this day of ___, 2010. Acl—Mill—is-t-r—ativeLaw Judge— FILE4,4 Ai7�A. NCDENR or North Carolina Department rtment of Environment and Natural Resources Division of Water Quality Beverly Paves Perdue Coleen H, Sullins Dee Freeman Governor Director Secretary October 5, 2010 Mr. Ken Golder, President Clariant Corporation 000?v1onroe Road Charlotte, North Carolina` 220 Subject: Compliance e Evaluation Inspection Mount Holly past (MHE) Facility NPDES PertnitNo, NCO00437 Mecklenburg County, N.C. Dear 1GtIr, Golder Enclosed please find a copy of the Compliance Evaluation Inspection Report for the wastewater treatment plant inspection conducted at the subject facility on September 24, 2010, by Mr. Wes Bell of"this Office. Please inform the facility's Operator -in -Responsible Charge of our findings by forwarding a copy of the enclosed report. The attached report should be selfexplanatory; however, should you have any questions concerning the report, please do not hesitate to contact Mr. Bell at (704) 66 -1699. Sincerely, Robert B. Krebs Surface Water .protection Regional Supervisor Enclosure; Inspection Report cc: Rusty Rozzelle, MCWQP WB Mooresville Regional Office Location: 610 cast Cer ter,4ve., Suite 301 Mooresville, NC 2811 Phone: (704) 663-1699 i Fax; (704) 663-6040 t Customer Service: 1-877-62-5748 Internet: http://portal.ncdenr.orglweb/wq An Equal Opportunit o Affirmative Action Employer - 50% Recyc!cdN G% Post Consurner paper One NorthCarolina Aahlrallif jj�� United States Environmental Protection Agency Form Approved lA Washington, C20460 � OMNo OC7-CQSi P Water Approval expires 8-31-98 Section A: National Data System Coding (i e., PCS) Transaction Code NPDES yr,'molday Inspection "type Inspector Fac Type 4 Ng 3 Lfi 31 NCOi 04375 1 11 121 10/09/24 117 1t�fi �fi 19fi �fi cl fi Remarks 21 66 Inspection Work Guys Facility Self -Monitoring Evaluation Rating B1 QA __®— _ _ __---------- Reserved -------------- __ ____ 671 1.5 169 70fi 41 71fi fi 721 Nfi 731 1 174 75 Section B: Facility Data Name and Location of Facility inspected (For Industrial Users discharging to POTW, also include Entry Time/Date Permit Effective Date! POT V name and NPDES permit Number) 09:10 AM 10/09/24 05/07/01 Mount Holly East (MHE) Facility PC Box 66924 Exit Time/Date Permit Expiration Date Charlotte NC 28288 02;08 PX1 10/09 24 10/06/30 Narne(s) of Onsite Representative(s)1Tittes(s)/Phone and Fax Number(s) Other Facility Data Bill. Archer/Facility Manager:^"704-827-9051 , Dwayne R Wallace/ORC/704-822-2768/ Name, Address of Responsible Official/Title/Phone and Fax Number Hen Golder,20 Box 18278 Charlotte N 28218/Presiderit CEO/704-3:31 7000/ed No Section C: AreasEvaluated During Inspection (Check only those areas evaluated) Permit Flaw Measurement ffA Operations & Maintenance in RecordslReports Self -Monitoring Program Sludge Handling Disposal 11 Facility Site Review In Effluent/Receiving Waters Laboratory Section D Summary of Flndtr tCorrients Attach additional sheets of narrative and checklists as necessa (See attachment summary) Name(s) and Signature(s) of inspect ,a) Agency/Office/Phone and Fax Numbers g Date Wesley N"Bell MR77 WQ//704--663-I639 Ext.2192/ f nature of Management Q A_Revi r M' r 1.a A o co EPA Form 3530-3 (Rev -94) Previous editions are obsolete Agency/Office/Phone and Fax Numbers Do MRC WQ// 704-683-1_699 Ext,2 04/ Page # "I ?!IqNPDES yr'molday inspection Type (co=, } 8 N--0004371 11 12 10/09/24 17 18# Section D Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) FACILITY SITE =REVIEW: The facility currently receives third party wastewater (non -ha ardous)from approximately 80 generators The facility's evaluation process for the approval of the third party wastestreams Includes the review of the wastestream profiles (MSDS sheets, etc,) and analytical results (performed by on -site laboratory staff) on the proposed wastestream samples submitted by the generators. In addition, the laboratory staff perform instantaneous analytical/visual "spot checks" (periodic basis) from the tankers prior to unloading. SOLIDS HANDLING SECTION cont`d, The asphalt driveway adjacent to the sludge loading area (for the trucks) was stained with a rust color. Although the sludge loading area is equipped with a floor drain that leads back to the WWTP, truck rinse water had been previously discharged onto the asphalt driveway and collected along the bottom curbing area. No surface waters were affected and the nearest outlet was approximately 1 0-200 feet downgradient through a heavily grassed field. This outlet (for stormwater) discharges into the effluent canal system prior to the polishing ponds. Note. The canal system is equipped valves to isolate any potential spills or discharges. Although the discharge appeared to have been contained along this curbing area, the staff must ensure all truck rinse water is contained and properly treatedfdisposed, Page Permit: NCO004375 Owner - Facility: Mount Holly East (NIHE) Facility Inspection Date: 09/24/2010 Inspection Type: Compliance Evaluation Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? 0 0 N 0 Is the facility as described in the permit? Rio 0 0 # Are there any special conditions for the permit? 00 #1 0 Is access to the plant site restricted to the general public? N 0 0 0 Is the inspector granted access to all areas for inspection? uO 0 0 Comment: The Division reissued the subject permit on 9/9/10 with an effective date of 10/1/10 and an expiration date of 6/30115, Overall, the facility is adequately described in the Permit; however, the facililty currently has only one equalization (EQ) basin for alkaline wastewater and there is no wastewater Eli basin. The facility also has two aeration basins with mechanical aeration. The oily wastewater treatment system and OCPSF operations were ceased in 2005; however, the centralized waste treatment operations continue to date. Record Keegip 9 Yes No NA NE Are records kept and maintained as required by the permit? a 0 0 1C3 Is all required information readily available, complete and current? IM n f-1 n Are all records maintained for 3 years (lab, reg. required 5 years)? 0 0 0 a Are analytical results consistent with data reported on DIVIRs? 0 0 0 Is the chain -of -custody complete? 0 0 0 Dates, times and location of sampling Name of individual performing the sampling Results of analysis and calibration Dates of analysis Name of person performing analyses Transported COCs 1M Are DMRs completei do they include aft permit parameters? IN 0 0 0 Has the facility submitted its annual compliance report to users and DWQ? 0 0 is 0 (if the facility is = or > 5 MGD permitted flow) Do they operate 24/7 with a certified operator on each shift? 0 0 11 0 Is the ORC visitation log available and current? IV 0 0 it Is the ORC certified at grade equal to or higher than the facility classification? in 1 1 0 0 Is the backup operator certified at one grade less or greater than the facility classification? 0 0 0 Is a copy of the current NPDES permit available on site? 0 0 0 Page # 3 Permit: N O0i 4375 i s ection Cute: 09/24)2010 Owner - F n � Yes No NA NE Record lee ink n o is o Facility has copy of previous year's Annual Report on file for review"" Comment: The records reviewed during the inspection were organized and well maintained, Discharge Monitoring Reports (DMRs) were reviewed for the period July 99 through June 10. No effluent limit violations were reported. The facility adheres to the most restrictive loading requirement (555.4 lbs./day W BOD/ammonia calculation) listed under the Staging Requirements Section (applicable April 1 October 31) of the subject permit due to operational problems associated with the facility's communication system to retrieve flow data from the Mountain Island Dam, Yes No NA NE Laboratory 0 0 Are field parameters performed by certified personnel or laboratory? Are all other parameters(excluding field parameters) performed by a certified labs 0 ri f=1 n 0 ## Is the facility using a contract lab? # Is proper temperature set for sample storage (kept at less than or equal to 6 g degrees Celsius)? Incubator (Fecal Coliform) set to 44 5 degrees Celsius +/- 0.2 degrees? C1 %;! mhi 0 0 0Incubator (BOD) set to 20,0 degrees Celsius +,/- 1 0 degrees? "Comment: Effluent and instrearn analyses are performed under the on -site laboratory's certification (# 17). Pace Analytical Services, Inc. (#12 and 40) has also been contracted to provide analytical support. The pal and dissolved oxygen meters appeared to be properly calibrated (and documented). Yes No NA N Effluent Sam lin _ 0 0 n— is composite sampling flown proportional? Is sample collected below all treatment units? 11 0 C3 0 Is proper volume collected? 00C1 Is the tubing clean? Is proper temperature set for sample storage (kept at less than or equal to 6.0 degrees Celsius)? nnn Is the facility sampling performed as required by the permit (frequency, sampling type representative)? Comment: The subject permit requires composite and grab effluent sampling.The facility's composite sampling system was collecting 170 mis. per 5,000 gallons discharged. The facility staff must ensure that any additional monitoring of the effluent (including parameters not required to be monitored by the permit) must be performed by a laboratory certified in NC (for each specific parameter) and reported on the appropriate DMR. Yes' No NA N tJ stream/ lcvrnstream Sara lin -a_ 00n Is the facility sampling performed as required by the permit (frequency, sampling type, and sampling locations � Comment: Page # 4 Permit: NCO004375 Owner - Faciiity: Mount Holly East (MHE) Facility Inspection Cate: 09/24/2010 Inspection Type: Compliance Evaluation { E"ratigns & Maintenanqe Yes No NA NE Is the plant generally clean with acceptable housekeeping? O D % �i Cites the facility analyze process control parameters, for ex. ML.SS MCRT Settleable Solids pH, DO, Sludge 0 0 0 0 Judge, and other that are applicable? Comment: Overall, the facility appeared to be properly operated and well maintained. The facility staff' incorporate a comprehensive process central program. The process control data was organized and well maintained. A,large accumulation of wastewater solids was observed throughout the old chlorine contact chamber (prior to the polishing ponds and effluent canal). The facility staff should remove and properly dispose of these solids within the near future to prevent the downstream migration of these solids throughout the effluent canal/polishing pond system. St tlali a�ion Basins Yes No NA NE Is the basin aerated - 1 l n w o Is the basin free of bypass lines or structures to the natural environment 0 0 0 Is the basin free of excessive grease 0 0 a l l Are all pumps presents in 0 0 0 Are all pumps operable 0 0 0 Are float controls operable n n a o Are audible and visual alarms operable? n l,�l in I,,;1 # Is basinsize/volume adequate? 0 0 0 Comment: The EQ basins are primarily used during high flows attributed to heavy rainfall events. The alkaline EQ basin flows by gravity back into the alkaline loading station that is equipped with d pumping system (one pump in process of being repaired). Very little wastewtertstormwater enters the acid EQ basins (-total), h€awever, one of these EQ basins is equipped with two pumps: The second acid EQ basin gravity flows back into the first EQ basin. The staff typically use a portable pump to remove any wastewaterlstormwater that may accumulate in this basin due to the low/infrequent flow volumes.; Bar Screens Yes No NA NE Type of bar screen a. Manual b,Mechanical 0 Are the bars adequately screening debris? N 0 D 0 Is the screen free of excessive debris D 0 Is disposal of screening in compliance Page # Permit: NCO00437owner - Facility. Mount Holly Fast (MHE) Facility Iq Inspection Date: 09/24/2010 Inspection Type: Compliance Evaluation Bar Screens Yes No NA NE' 0 0 0 Is the unit in goad condition? Comment: The acid and alkaline influent facilities are equipped with manual screens. Prune Clarifier Yes No NA NE Is the clarifier free of clack and odorous wastewater? in 0 0 0 Is the site free of excessive buildup of solids in center well of circular clarifier? in ) [ 0 0 Are weirs level's IN 0 0 0 Is the site free of weir blockage? is 0 0 0 Is the site free of evidence of short-circuiting 0 0 0 0 Cl D Is scorn removal adequate? Is the site free of excessive floating sludge? l�l n n Is the drive unit. operational? C l 0 0 0 0 l 1 Is the sludge blanket level acceptable Is the sludge blanket level acceptable" (Approximately Y� of the sidewall depth) 0 0 0 Comment: The facility is equipped with two primary clarifiers: One of the primary' clarifiers is solely used for the pretreated influent from an on -site tenant (Co logic) The second primary clarifier is used for the remaining influent wastestreams. The weirs on both primaries appeared rusted and deteriorated; however, no short-circuiting was observed. Chemical Feed Yes No. -NA NE 0 it 0 Is containment adequate? Is storage adequate' n D 0 Are backup pumps available? D 0 E i 13000 Is the site free of excessive leaking? Comment: The facility has the capability of adding lime (aqueous mixture) to maintain appropriate alkalinity/pH levels. The on -site staff most ensure the housekeeping around the lime storage area is properly maintained at all times. Aeration Basin' Yes No NA N Ext. Air Mode of operation Surface Type of aeration system Cl 0 0 Is the basin free of dead spots? Are surface aerators and mixers operational` D 0 Cl 0000 Are the diffusers operational? Rage # IF Permit: NC;O00437 Owner - Facility: Mount Holly East (iHE) Facility Inspection Date: 09f2412010 Inspection Type: Compliance Evaluation Aeration Basins Yes No NA NE is the foam the proper color for the treatment process? n n n Clues the foam cover less than 5% of the basin's surface? fiin n n Is the DO level acceptable? 0000 Is the DO level acckeptable?(1,0 to 3,0 mgl€) n n n n Comment, The facility is equipped with two aeration basins that are operated In series. The first aeration basin is equipped with three surface aerators and three mixers. The second aeration basin is equipped with three surface aerators and four jet mixers. The foam covered more than % of the surface in each basin; however, no foam carry -aver was observed In the secondary clarifier, Secondary Clarifier Yes No _NA NE Is the clarifier free of black and odorous wastewater? is n 0 0 Is the site free of excessive buildup of solids in center well of circular clarifier? in n n n Are weirs level? in n `i n Is the site free of weir blockage? 0 n n Is the site free of evidence of short-circuiting? (n"l n n Is scum removal adequate? n n n Is the site free of excessive floating sludge? I 1 0 0 Is the drive unit operational? 0 n n Is the return rate acceptable (low turbulence)? n n n Is the overflow clear of excessive s slidsipin floc? n n n Is the sludge blanket level acceptable? (Approximately % of the sidewall depth) 0 l Comment: The facility has two operational secondary clarifiers; however, only one clarifier was on-line due to low influent flows. The Clarifiers are rotated every six months. Pum s- -WAS Yes No NA NE Are pumps in place? n n 0 Are pumps operational n n n Are there adequate spare parts and supplies on site? n n n gi Comment. Flow Measurement - Effluent Yes No NA NE # Is flow meter used for reporting? n 0 n Is flow meter calibrated annually? n n n Page #C 7 Permit. Ci3t3Q4275 Owner - acility: Mount Holly East HE) Facility Inspection Date: 09/2412010 Inspection Type: Compliance Evaluation Flow Measurement - Effluent Yes No NA NE li no to Is the flow meter operational? (If units are separated) Does the chart recorder match the flaw meter? 00150 Comment: The facility staff verify the accuracy of the flow meter twice per month. The flow meter was last verified on 9/9/1 . The flaw calibration/verification log was The staff indicated that plans are being made to organized and well maintained. on -site the current flaw measurement system within the near fixture. replace Yes No NA NE �._ ffluentjjt i� � �_ __-E�Le IN i1 0 0 Is right of way to the outfall properly maintained` Are the receiving water free of foam other than trace amounts and other debris 11 0 0 0 If effluent (diffuser pipes are required) are they operating properly? Comment, The effluent appeared clear with no foam, The receiving stream did not appear to be negatively impacted. Yes No NA N 0es1 ds 1-landlin Equipment _ 0 [1 n Is the equipment operational 0 0 0 Is the chemical feed equipment operational? 0 0 0 Is storage adequate? Is the site free of high level of solids in filtrate from filter presses or vacuuM filters? li ly.`I 0 Is the site free of sludge buildup on belts and/or rollers of filter press? 0 hi 0 Is the site free of excessive moisture to belt filter press sludge cake'? D 0 0 The facility has an approved sludge management plan? 0000 Comment: The facility is equipped with two sludge thickeners and two belt presses. dewatering sludge at the time of the inspection. One of the The facility was not thickeners is solely used for the primary clarifier sludge from Coalogi. This sludge i dewatered and transported to a second on -site tenant (Monark Industrial Services; (such as sawdust) with the sludge prior to Inc.). This company mixes a solidifying agent disposing of the sludge at the BFI Landfill in Mecklenburg County. The dewatered sludge from the second thickener (Consists of primary clarifier and wasted activated sludges) is disposed into the lined on -site landfill (Cell #3) under the authority of Permit o. IIVQ00005 7. The lea hate from Cell #3 is returned back to the Wastewater treatment plant for further treatment. See "Summary" Section for additional comments. Yes No NA NE ta!jdb r 'ewer Is automatically activated standby power available? MOO Is the generator tested by interrupting primary power source? fD n 0 n Is the generator tested under load? Page # 8 IV Permit: NCO004375 Owner - Facility: ;Mount Hilly East (MHE) facility Inspection Date: 09/24/2010 Inspection Type: Compliance Evaluation Standby owe Yes No NA N Was generator tested & operational during the inspection? C I 0 0 in Do the generator(s) have adequate capacity to operate the entire wastewater site? Cl in C3 1 �1 Cs there an emergency agreement with a fuel vendor for extended run on back-up power? 0 o 0 Is the generator fuel level monitored Im Ci n n Comment: The facility is equipped with a backup generator that only powers the Pumps at the effluent staging area. The generator Is tasted once per month and serviced approximately twice per year. Note: The pumps at the effluent staging area have to be manually activated by the on -site staff: Page ## 9