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HomeMy WebLinkAboutNC0003719_NOD2012PC0341_20121128• • TM CERTIFIED MAILTM RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.como Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees Sent To Street, Apt. N .C?y\ or PO Box No. 02,4, c ✓ �.. City State, ZIP+ i P w. w., A C. Postmark Here / 11A1/12 :edified Mail Provides: A mailing receipt A unique identifier for your mailpiece A record of delivery kept by the Postal Service for two years - nportant Reminders: Certified Mail may ONLY be combined with First -Class Mail® or Priority Mai1Q Certified Mail is not available for any class of international mail. NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. Fo valuables, please consider Insured or Registered Mail. For an additional fee, a Retum Receipt may be requested to provide proof of delivery. To obtain Return Receipt service, please complete and attach a Returr Receipt (PS Form 3811) to the article and add applicable postage to cover the fee. Endorse mailpiece "Return Receipt Requested". To receive a fee waiver for a duplicate return receipt, a USPS® postmark on your Certified Mail receipt is required. For an additional fee, delivery may be restricted to the addressee of addressee's authorized agent. Advise the clerk or mark the mailpiece with the endorsement "RestrictedDelivery". If a postmark on the Certified Mail receipt is desired, please present the arti• cle at the post office for postmarking. If a postmark on the Certified Mai receipt is not needed, detach and affix label with postage and mail. VIPORTANT: Save this receipt and present it when making an inquiry. S Form 3800, August 2006 (Reverse) PSN 7530-02-000-9047 ENDER: COMPLETE THIS SECTION ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: DONALD ALLBRIGI-1T (ORC) DAK AMERICAS LL,C 3216 CEDAR CREEK ROAD I; A YETTEVILLE, NC 28312 COMPLETE THIS SECTION ON DELIVERY A. Signature B. Received by Printed Nam?) •;7/ ,.'Agent ❑ Addrgsse C. Dat 1l of Deliver 3a D. Is delivery address different from item 1? • Yes If YES, enter delivery address below: No 3. Service Type Certified Mail ❑ Registered ❑ Insured Mail ❑ Express Mail Return Receipt for Merchandise ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number (Transfer from service label) ''' 7009'3'41,0 '00'01, 6`831 '8157'' DC G.,..., '2ft11 onnn fl... +in 0.41 rrn Dnneln+ + i43kCIc_no_hn_1 �i .UNITED STATES POSTAL SERVICE First -Class Mail Postage & Fees Paid USPS Permit No. G-10 • Sender: Please print your name, address, and ZIP+4 in this box • NCDENR — DIVISION OF WATER QUALITY ATTN: DALE LOPEZ 225 GREEN STREET, SUITE 714 FAYETTEVILLE NC 28301-50 EMIR -FRO DEC 0 if 2012 rwo {i71}(11l�F1i fii7}7}1f71�'tt}irr)i}Ff!}�Iii77t1lFillll�ii(liii� A VAli NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P. E. Dee Freeman Governor - Director Secretary November 28, 2012 CERTIFIED MAIL # 7009 3410 0001683/ 8157 RETURN RECEIPT REQUESTED Donald Allbright (ORC) DAK Americas LLC 3216 Cedar Creek Road Fayetteville, NC 28312 Subject: NOTICE OF DEFICIENCY NOD-2012-PC-0341 Bioassay Compliance Inspection Permit No. NC0003719 DAK Americas LLC — Fayetteville Cumberland County Dear Mr. Allbright: Enclosed you will find a copy of the Bioassay Compliance Inspection report for the inspection conducted on November 6, 2012. The inspection included the same objectives as that of a routine Compliance Evaluation Inspection plus an Aquatic Toxicity (AT) test to evaluate the acute biological effect of the facility's discharge on test organisms. As part of the inspection, a tour of the Wastewater Treatment Plant was conducted. All observations and a requirement are in Part D: Summary of Findings/Comments of this inspection report. On November 6, a24-hour composite sample was collected by DAK (using DAK sampling equipment) at the effluent box that combined Outfalls 001 and 002 for the Acute Fathead Minnow (Pimephales promelas) toxicity analysis. This sampling event satisfied DAK's NPDES Whole Effluent Toxicity (WET) requirement for the fourth quarter of 2012. The sample was split and sent to the following two laboratories: DAK's commercial WET laboratory (Meritech) and Division of Water Quality Aquatic Toxicology Unit, located on Reedy Creek Road in Raleigh. The WET testing resulted in a "Pass" by both laboratories, indicating that the effluent would not be predicted to have water quality impacts on the receiving water. As a result of the site inspection and a file review, the following deficiency: was noted. According to DAK's NPDES permit and to 15A NCAC 02B .0503, a 24-hour composite sample 225 Green Street -Suite 714 —Fayetteville, North Carolina 28301-5043 . Phone: 910-433-3300 l FAX: 910.486-07071 Customer Service: 1-877-623-6748 Internet: www.ncwaterquality.orq No thCarolina 7Vaturallj An Equal Opportunity l Affirmative Action Employer Mr. Allbright November 28,.2012 Page 2 that uses the constant time/constant volume method must have grab samples of no less than 100 milliters in size. Based upon the approximate sample volume (3.5 L) collected on November 6th, that included a 24-hour period of sampling at a frequency of four times per hour, each aliquot volume was calculated to be approximately 35 mL. As an example for future consideration, 100 mL aliquots at four samples per hour would yield 9,600 mL (2.5 gallons). However, this also appeared to be the facility's 24-hour sample container size. So as to be in agreement with the two regulations (above mentioned), and so that you do not risk the possibility of overflowing your current sample container, the sampling frequency may be reduced to a minimum of 20 minutes intervals. Please respond to this letter in writing within 30 calendar days of receipt. Your response should include your intended action for keeping with the two regulations. This office requires that the deficiency as described above be properly resolved. If you have any questions, please contact me or Dale Lopez at (910) 433-3300. BSH: DL/dl Enclosures: cc: Sincerely, irseLhol,9 Belinda S. Henson Regional Supervisor Surface Water Protection Section EPA Water Compliance Inspection Report Regional Field Inspectors Check List for Field Parameters 15A NCAC 02B .0503 Definitions NPDES NC0003719, Part II, Section A, Composite Sample definition Memorandum result sheet for the Whole Effluent Toxicity analysis James Burke, DAK Safety, Health, and Environment Manager TRO'Pi les TrVlark Brantley) United States Environmental Protection Agency EPA Washington, D.C. 20460 - r Water ('nmpIianP InspAC'tinn Report` Form Approved:. OMB No 2040-0057 o. Approval expires8=31-98 Section A: National Data System coding`(i e ;PCS) Transaction Code NPDES .yr/rno/day '-•`inspection 1 I N I 2 15I 31 NC0003719 111 121 12/11/06 .:. 117; Type ". _'Inspector Fac Type 18I B I' 19I S I' : 20I Li -1 1 I.:I.. I I" 1 .1-. I., I ..I .I I 166 Remarks 211, III I I I I I I I I I I I I I I 11- 1 I I I. '11. Inspection Work Days Facility Self -Monitoring Evaluation Rating B1. QA -=`----------- Reserved=--=—=-- " I . I I I I 180 671 3.0 169 701 1 I 71I p I: 71_I . 73I I 174 761 I : Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, alsdiriciude_ ' POTW name and NPDES permit Number) ` - -; Cedar Creek Site 3468 Cedar Creek Rd Fayetteville NC 28301 `Entry Time/Date 07:30 AM 12/11/06 Permit Effective Date 11/11/01 Exit Time/Date 11:00 AM ; 12/11/06 Permit Expiration Date - .16/10/31 Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) /// Donald Ray Allbright/ORC/910-433-8227/ Other Facility Data Name, Address of Responsible OfficialfTitle/Phone and Fax Number Contacted Anthony Hudson,PO Box 1690 Fayetteville NC 28302//910-433-8338/ No Section C: Areas Evaluated During Inspection (Check only.those areas evaluated) Permit Flow. Measurement Operations & Maintenance Records/Reports Self -Monitoring Program • 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 Siture(s) of Inspector(s) Agency/Office/Phone and Fax Numbers , Date Dale Lopez \\,\t �J at, FRO WQ//910-433-3300 Ext.712/ HAU /OZ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date Sei.42/Z-C) - 1)'/I111161: I 11,P el/ EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page # 1 NPDES yr/mo/day Inspection Type 3 N00003719 111 12I 12/11/06 I 17 181•BI (cont.) Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) Enclosed you will find a copy of the Bioassay Compliance Inspection report for the inspection conducted on November 6, 2012. The inspection included the same objectives•as that of a routine Compliance Evaluation Inspection plus an Aquatic Toxicity (AT) test to evaluate the acute biological effect of the facility's discharge on test organisms. As part of the inspection, a tour of the Wastewater Treatment Plant was conducted. All • observations and a requirement are in Part D: Summary of Findings/Comments of this inspection report. On November 6, a 24-hour composite sample was collected by DAK (using DAK sampling equipment) at the effluent box that combined Outfalls 001 and 002 for the Acute Fathead Minnow (Pimephales promelas) toxicity analysis. This sampling event satisfied DAK's NPDES Whole Effluent Toxicity (WET) requirement for the fourth quarter of 2012. The sample was split and sent to the following two laboratories: DAK's commercial WET laboratory (Meritech) and Division of Water Quality Aquatic Toxicology Unit, located on Reedy Creek Road in Raleigh. The WET testing resulted in a "Pass" by both laboratories, indicating that the effluent would not be predicted to have water quality impacts on the receiving water. As a result of the site inspection and a file review, the following deficiency was noted. According to DAK's NPDES permit and to 15A NCAC 02B .0503, a 24-hour composite sample that uses the constant time/constant volume method must have grab samples of no Tess than 100 milliters in size. Based upon the approximate sample volume (3.5 L) collected on November 6th, that included a 24-hour period of sampling at a frequency of four times per hour, each aliquot volume was calculated to be approximately 35 mL. As an example for future consideration, 100 mL aliquots at four samples per hour would yield 9,600 mL (2.5 gallons). However, this also appeared to be the facility's 24-hour sample container size. So as to be in agreement with the two regulations (above mentioned), and so that you do not risk the possibility of overflowing your current sample container, the sampling frequency may be reduced to a minimum of 20 minutes intervals. Please respond to this letter in writing within 30 calendar days of receipt. Your response should include your intended action for keeping with the two regulations. This office requires that the deficiency as described above be properly resolved. If you have any questions, please contact me or Dale Lopez at (910) 433-3300. Page # 2 Permit: NC0003719 Inspection Date: 11/06/2012 Owner -Facility: Cedar Creek Site Inspection Type: Bioassay Compliance Record Keeping Facility has copy of previous year's Annual Report on file for review? Comment: Effluent Pipe Is right of way to the outfall properly maintained? Are the receiving water free of foam other than trace amounts and other debris? If effluent (diffuser pipes are required) are they operating properly? Comment: - Flow Measurement - Effluent # Is flow meter used for reporting? Is flow meter calibrated annually? Is the flow meter operational? (If units are separated) Does the chart recorder match the flow meter? Comment: Calibrated six-inch Palmer Bowlus on October 10, 2012. As a suggestion, it may help to use a paste that has a color change when exposed water, thus helping to detect the water level on thestaffgauge for a self check of the accuracy of the secondary flow measuring device (ultrasonic flow meter). An example of such a paste is "Kolor Kut"; there may be other brand names that may be used instead. Secondary Clarifier Is the clarifier free of black and odorous wastewater? Is the site free of excessive buildup of solids in center well of circular clarifier? 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? Is the sludge blanket level acceptable? (Approximately % of the sidewall depth) Comment: Problem with scum going under the weir. However, facility shutdown for three weeks, and the facility was expected to be running again by November 26, 2012. Yes No NA NE ❑ ❑ ■ ❑ Yes No NA NE ■ nnn ■ nnn anon Yes No NA NE • non ■ nnn o rlon ■ nnn Yes No NA NE ■ nnn ■ nn.n ■ nnn ■ nnn • n'nn pn■n. •nnn ■ nnn ■ .n.nn • nnn ■ rinn Page # 4 Permit: NC0003719 Owner - Facility: Cedar Creek Site Inspection Date: 11/06/2012 Inspection Type: Bioassay Compliance Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ ❑ ❑ ❑ Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ■ n n n Judge, and other that are applicable? Comment: Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? n ❑ ■ ❑ Is the facility as described in the permit? ■ ❑ ❑ n # Are there any special conditions for the permit? ■ n n n Is access to the plant site restricted to the general public? ■ n n n Is the inspector granted access to all areas for ▪ inspection? ■ n n n Comment: Record Keeping Are records kept and maintained as required by the permit? Is all required information readily available, complete and current? Are all records maintained for 3 years (lab. reg. required 5 years)? Are analytical results consistent with data reported on DMRs? Is the chain -of -custody complete? 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 DMRs complete: do they include all permit parameters? Has the facility submitted its annual compliance report to users and DWQ? (If the facility is = or > 5 MGD permitted flow) Do they operate 24/7 with a certified operator on each shift? Is the ORC visitation log available and current? Is the ORC certified at grade equal to or higher than the facility classification? Is the backup operator certified at one grade less or greater than the facility classification? Is a copy of the current NPDES permit available on site? Yes No NA NE ■ nnn ■ n❑n ■ nnn ■ nnn ■ nnn ■ ■ ■ ■ ■ n❑n n n■n n n■n ■ nnn ■ nnn ■ nnn ■ nnn Page # 3 Permit: NC0003719 Owner - Facility: Cedar Creek Site Inspection Date: 11/06/2012 Inspection Type: Bioassay Compliance • Aeration Basins Mode of operation Type of aeration system Is the basin free of dead spots? Are surface aerators and mixers operational? Are the diffusers operational? Is the foam the proper color for the treatment process? Does the foam cover less than 25% of the basin's surface? Is the DO level acceptable? Is the DO level acceptable?(1.0 to 3.0 mg/I) Comment: Three of the seven aerators were shorting out. However, shutdown of the facility for three weeks, and the facility was expected to be running again by November 26, 2012. Pumps-RAS-WAS Are pumps in place? Are pumps operational? Are there adequate spare parts and supplies on site? Comment: Lost a return pump, using two Godwin pumps as temporary replacement until the ordered pump arrived (expected by November 20, 2012). However, shutdown of the facility for three week. The facility was expected to be running again by November 26, 2012. Effluent Sampling Is composite sampling flow proportional? Is sample collected below all treatment units? Is proper volume collected? Is the tubing clean? # Is proper temperature set for sample storage (kept at less than or equal to 6.0 degrees Celsius)? Is the facility sampling performed as required by the permit (frequency, sampling type representative)? Comment: The 24-hour sample aliquot size was approximately 35 mL. It was required by the NPDES to collect at least 100 mL aliquots. Solids Handling Equipment Is the equipment operational? Yes `No NA -NE Ext. Air Surface ■ nnn n n■n nn■n. ■ nnn. ■ nntn ■ nnn ■ nnn Yes No NA NE ■ nnn n n■n ■ nnn Yes. No NA NE nn■n ■ ,nnn n ■nn ■ nnn ■ nnn ■ nnn Yes No NA NE ■ nnn Page # 5 Permit: NC0003719 Owner - Facility: Cedar Creek Site Inspection Date: 11/06/2012 Inspection Type: Bioassay Compliance Solids Handling Equipment Is the chemical feed equipment operational? Is storage adequate? Is the site free of high level of solids in filtrate from filter presses or vacuum filters? Is the site free of sludge buildup on belts and/or rollers of filter press? Is the site free of excessive moisture in belt filter press sludge cake? The facility has an approved sludge management plan? Comment: Yes No NA NE ❑ ❑ ❑ n nnn n n■n n n■n n n■n n nn■ Page # 6 Regional Inspectors' Checklist for Field Parameters Facilit Name: DAK Americas LLC Re ional Plant Inspector: Dale Lopez NPDES #: NC0003719 Re ional Ins ector Contact #: 910 433- 312 Field Lab Certification #: 5378 Region: Fayetteville Lab Contact: Donald Allbright (910) 433-8227 Date: 11/06/2012 I. Check the parameter(s) performed at this site for reporting purposes. ® Total Residual Chlorine (TRC) 1 Temperature (TEMP) ❑ Specific Conductivity (SC) pH /1 Dissolved Oxygen (DO) ❑ Settleable Residue (SETT) II. General Laboratory (note an v exceptions in section XI Are instruments, meters, probes, photometric cells, etc. maintained in good condition? ►1 Yes ❑ No Are standards, reagents and consumables used within manufacturer expiration dates? ►/ Yes ❑ No [TRC gel standard is exempt.] ollowrin items Date of sample collection* Time of sample collection* ocumer`ted �� where applicable Tl J J TEM'. J xs Sample collector's initials or signature Date of sample analysis* Time of sample analysis* Analyst initials or signature Sample location J J *Date and time of sample collection and analysis may be the same for in situ or on -site measurements. es_Meuat Orine Total Residual Chlorine meter make and model: HACH DR 2800 Is a check standard analyzed each day of use? (Circle one: gel or liquid standard, NE ® Yes ❑ No What is the assigned/observed value of the daily check standard? Is a 5-point calibration verification performed? Note date of last verification: 02/13/2012 190 pg/L ®Yes El No Alternatively, does the lab construct a linear regression, using 5 standards, to calculate results? Note date of last calibration curve constructed: ❑ Yes ❑ No True values: ❑ pg/L ❑ mg/L NE, values sent to Tonja S. on 02/13/2012 Obtained values: ❑ pg/L ❑ mg/L What program are samples analyzed on? NE Are results reported in proper units? Check one: ® pg/L ❑ mg/L Are results reported between the facility's permit limit and the compliance limit of 50 pg/L? If value is less than the low standard, report as "<x", where x=low standard conc. ®Yes El No ®Yes El No Are samples analyzed within 15 minutes of collection? ® Yes ❑ No pH meter make and model: Fisher Scientific Accumet AR 15 Is the pH meter calibrated with at least 2 buffers per mfg's instructions each day of use? Note buffers used: ® Yes No Is the pH meter calibration checked with an additional buffer each day of use? Note check buffer used: pH 7 buffer Does the check buffer read within ±0.1 S.U. of the known value? ®Yes III No Yes ❑ No Are the following items documented: Meter calibration? ZYes El No Check buffer reading? Are samples analyzed within 15 minutes of collection? ® NE ® Yes ❑ No Are sample results reported to 0.1 pH units? El Yes ❑ No mperature What instrument(s) is used to measure temperature? Check all that apply: ❑ pH meter ►1 DO meter ❑ Conductivity meter ❑ Digital thermometer ❑ Glass thermometer Is the instrument/thermometer calibration checked at least annually against a NIST traceable or NIST certified thermometer? Crosschecked with NIST on a monthly basis Are temperature corrections (even if zero) posted on the instrument/thermometer? Are samples measured in situ or on -site? [REQUIRED - there is no holding time for temperature] Are sample results reported in degrees C? issolYed Oxygen :_' DO meter make and model: YSI 55 ®Yes ❑ No NE - ® Yes [I] No ® Yes ❑ No Is the air calibration of the DO meter performed each day of use? Are the following items documented: ® Yes ❑ No Meter calibration? Yes ❑ No Are samples analyzed within 15 minutes of collection? Are results reported in mg/L? nductilri Yes ❑ No ® Yes El No Conductivity meter make and model: Is the meter calibrated daily according to the manufacturer's instructions? Note standard used (this is generally a one -point calibration): Is a daily check standard analyzed? Note value: Are the following items documented: ❑ Yes ❑ No ❑ Yes ❑ No Meter calibration? ❑ Yes ❑ No Are samples analyzed within 28 days of collection? Are results reported in pmhos/cm (some meters display equivalent pS/cm units)? leable esidt ❑ Yes ❑ No ❑ Yes ❑ No Does the laboratory have an Imhoff Cone in good condition? Is the sample settled for 1 hour? Is the sample agitated after 45 minutes? Are the following items documented: Volume of sample analyzed? Note volume analyzed: Date and time of sample analysis (settling start time)? Time of agitation after 45 minutes of settling? Sample analysis completion (settling end time)? Are samples analyzed within 48 hours of collection? Are results reported in ml/L? allow t iB nboratoi XI. Additional comments: pH 4 buffer will expire 03/2014 pH 7 buffer will expire 03/2014 pH 10 buffer will expire 11/2013 ification program. recommended' Please submit a copy of this completed form to the Laboratory Certification program at: DWQ Lab Certification, Chemistry Lab, Courier # 52-01-01 Electronic copies may be emailed to linda.chavis(c ncdenr.gov. Revision 04/20/2012 ❑ Yes No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ►e it1tEliti1125a - environment and natural resources/chapter 02 - environmental ... 15A NCAC 02B .0503 DEFINITIONS Unless the context otherwise requires, the terms used herein shall be as defined in G.S. 143-213 and as follows: (1) "Biological monitoring" shall mean the sampling or testing of the biological integrity of surface waters and measurements of impacts including accumulations of pollutants in tissue, toxicity monitoring, and characterization ofinstream biological populations. (2) "Classified water pollution control facility" means a treatment works classified by the Water Pollution Control System Operator Certification Commission pursuant to Chapter 90A of the North Carolina General Statutes as class I, class II, class III, or class IV facility, or such other classifications as the Water Pollution Control System Operator Certification Commission may hereafter adopt. (3) "Commercial laboratory" means any laboratory which analyzes water samples for a fee. (4) "Composite sample". means: a sample gathered over a 24 hour period by continuous sampling or combining grab samples in such a manner as to result in a total sample which is representative of the wastewater discharge during the sample period. This sample may be obtained by methods given below, however, the Director may designate the most appropriate method, number and size of aliquots necessary and the time .interval between grab samples on a case -by -case basis. Samples may be collected manually or automatically. (a) ' Continuous - a single, continuous sample collected over a 24 hour period proportional to the rate of flow. (b) Constant time/variable volume - a series of grab samples collected at equal time intervals over a 24 hour period of discharge and combinedproportional. to the rate of flow measured at the time of individual sample collection, or (c) Variable time/constant volume - a series of grab samples of equal volume collected over a 24 hour period with the time intervals between samples determined by a preset number of gallons passing the sampling point. Flow measurement between sample intervals shall be determined by use of a flow recorder and totalizer, and the preset gallon interval between sample 'collection fixed at no greater than 1/24 of the expected total daily flow at the treatment system, or (d) Constant time/constant volume - a series of grab samples of equal volume collected over a 24 hour period at a constant time interval. This method may be used in situations where_effluentflow rates vary less than 15 percent. The grab samples shall be taken at intervals ofno greater than 20 minutes apart during any 24 hour period and must be of equal size and of no less than 100 milliliters. Use of this method requires prior approval by the Director. (5) "Daily" means every day on which a wastewater discharge occurs except Saturdays, Sundays and legal holidays unless otherwise specified by the Director. (6) "Design flow" means the average daily volume of wastewater which a water pollution control facility was designed, approved and constructed to treat. (7) "Design treatment capability" means a water pollution control facility's capacity to achieve a specified degree of reduction in waste constituents.at a specified design flow, to meet specified limits or removal efficiencies. (8) "Director" means the Director of the Division of Environmental Management, Department of Environment, Health, and Natural Resources. (9) "Division" means the Division of Environmental Management; Department of Environment, Health, and Natural Res ources . (10) "Domestic wastewater" means water -carried human wastes together with all other water -carried wastes normally present in wastewater from non -industrial processes. (11) "Downstream" means locations in the receiving waters below (downstream of) a point of waste discharge after a reasonable opportunity for dilution and mixture as specified in the Commission's '.'Rules, Regulations, Classifications and Water Quality Standards Applicable to the Surface Waters ofNorth-Carolina." (12) "Effluent" means wastewater discharged following all treatment processes from a water pollution control facility or other point source whether treated or untreated. (13) "Flow" means the total volume of wastewater discharged from an outlet during any given period. (14) "Grab sample" means an individual sample collected instantaneously. Samples of this type must be representative of the discharge or the receiving waters. (15) "Industrial establishment" means any industrial, business, commercial or governmental enterprise which produces water carried wastes. (16) "Influent" means the wastewater entering a water pollution control facility. (17) "Monitoring" means a program of sample collection, analysis, and observation sufficient to quantify various aspects of waste streams, treatment plant operations and environmental impacts. (18) "Point source" means any discernible, confined, and discrete conveyance, including, but not specifically reports.oah.state.nc.us/ncac/title 15a - environment and natural resources/.../15a ncac 02b .0503.html 1/2 Itif8fti11aa - environment and natural resources/chapter 02 - environmental ... • limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, or concentrated animal feeding operation from which waste is or may be discharged to the waters .of the state. (19) "Quarterly" means occurring four times during a 12-month period at a frequency of once per each interval of three consecutive months. (20) "Quarterly Average" mans the average of all samples taken over a quarterly period. (21) "Sample" means a representative portion of the wastewater from water pollution control facilities or of receiving waters. (22) "Standard Industrial Classification" (SIC) means those numerical designations set forth in "The Standard Industrial Classification Manual," (Superintendent of Documents, U.S. Government Printing Office) classifying industries according to the type of activity (relating to major products manufactured or principle services furnished) in which they are engaged. For the purposes of this Section, each industry or unit of government shall be classified by SIC numbers applicable to each activity carried on by such establishment or unit which results in a discharge of wastewater. In addition, any industrial establishment or unit of government which collects or discharges domestic sewage is hereby assigned SIC number 4952. The Standard Industrial Classification Manual, as used in this Section, is hereby incorporated by reference, including any subsequent amendments and editions. A copy is available for inspection at the central office of the Division of Environmental Management, 512 North Salisbury Street, Raleigh, North Carolina. Copies may be obtained at the GPO Bookstore, Room 100, 275 Peachtree Street NE, or Post Office Box56445, Atlanta GA 30343 at a cost of twenty-four dollars ($24.00). (23) "Storet number" means a number which designates a test or measurement according to the analytical procedure used or a method of measurement and units of measurement. Storet is an acronym for the water quality data storage and retrieval computer system of the Environmental Protection Agency. (24) "Toxic substances" means any substance, or combinations of substances, including disease -causing agents, which, after discharge, and upon exposure, ingestion, inhalation, or assimilation into any organism, either directly from the environment or indirectly by ingestion through food chains, has the potential to cause death, disease, behavioral abnormalities, cancer, genetic mutations, physiological malfunctions (including malfunctions or suppression of reproduction or growth) or physical deformities in such organisms or their offspring or other adverse health effects. (25) "Toxicity monitoring" means controlled toxicity testing procedures employed to measure lethality or other harmful effects as measured by either aquatic populations or indicator species used as test organisms from exposure to a specific chemical or mixture of chemicals (as in an effluent) or ambient stream conditions, (26) "Unit of government" means any 'incorporated city, town or village, county, sanitary district, metropolitan sewerage district, water or sewer authority, special purpose district, other municipality, or any agency, board, commission, department or political subdivision or public corporation of the state, now or hereafter created or established, empowered to provide wastewater collection systems or wastewater treatment works. (27) "Upstream" means locations in the receiving waters near but above (upstream of) a point of wastewater discharge and unaffected by the discharge. (28) "Water pollution control facilities" or "facility" means "treatment works" as defined in G.S. 143-213. History Note: Authority G.S. 143-213; 143-215.68; Eff. February 1, 1976; Amended Eff April 1, 1993; December 1, 1984. , v2 NPDES Permit Standard Conditions Page l of 18 PART II STANDARD CONDITIONS FOR NPDES PERMITS Section A. Definitions 2/Month Samples are collected twice per month with at least ten calendar days between sampling events. These samples shall be representative of the wastewater discharged during the sample period. 3/Week Samples are collected three times per week on three separate calendar days. These samples shall be representative of the wastewater discharged during the sample period. Act or "the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et. seq. Annual Average The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar year. In the case of fecal coliform, the geometric mean of such discharges. Arithmetic Mean The summation of the individual values divided by the number of individual values. Bypass The known diversion of waste streams from any portion of a treatment facility including the collection system, which is not a designed or established or operating mode for the facility. Calendar Day. The periodfrom midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. Calendar Week The period from Sunday through the following Saturday. Calendar Quarter • One of the following distinct periods: January through March, April through June, July through September, and October through December. Composite Sample A sample collected over a 24-hour period by continuous sampling or combining grab samples of at least 100 nil in such a mariner as to result in a total sample representative of the wastewater discharge during the sample period. The Director may designate the most appropriate method (specific number and size of aliquots necessary, the time interval between grab samples, etc.) on a case -by -case basis. Samples may be collected manually or automatically. Composite samples may be obtained by the following methods: (1) Continuous: a single, continuous sample collected over a 24-hour period proportional to the rate of flow. (2) Constant time/variable volume: a series of grab samples collected at equal time intervals over a 24 hour period of discharge and combined proportional to the rate of flow measured at the time of individual sample collection, or Variable time/constant volume: a series of grab samples of equal volume collected over a 24 hour period with the time intervals between samples determined by a preset number of gallons passing the sampling point. Flow measurement between sample intervals shall be determined by use of a flow recorder and totalizer, and the preset gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at the treatment system, or (4) Constant time/constant volume: a series of grab samples of equal volume collected over a 24-hour period at a constant time interval. Use of this method requires prior approval by the Director: This method may (3) Version 10/29/2010 NPDES Permit Standard Conditions • Page 2 pf 18 only be used in situations where effluent flow rates vary less than 15 percent. The following restrictions also apply: ➢ Influent and effluent grab samples shall be of equal size and of no less than 100 milliliters ➢ Influent samples shall not be collected more than once per hour. ➢ Permittees with wastewater treatment systems whose detention time < 24 hours shall collect effluent grab samples at intervals of no greater than 20 minutes apart during any 24-hour period. ➢ Permittees with wastewater treatment systems whose detention time exceeds 24 hours shall collect effluent grab samples at least every six hours; there must be a minimum of four samples during a 24- hour sampling period. Continuous flow measurement Flow monitoring that occurs without interruption throughout the operating hours of the facility. Flow shall be monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance activities on the flow device. Daily Discharge The discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the calendar day for purposes of sampling. For pollutants measured in units of mass, the "daily discharge" is calculated as the total mass of the pollutant discharged over the day. The :'daily discharge" concentration comprises the mean concentration for a 24-hour sampling period as either a composite sample concentration or the arithmetic mean of all grab samples collected during that period. (40 CFR 122.2) Daily Maximum The 'highest "daily discharge" during the calendar month. Daily Sampling Parameters requiring daily sampling shall be sampled 5 out of every 7 days per week unless otherwise specified in the permit. Sampling shall be conducted on weekdays except where holidays or other disruptions of normal operations prevent weekday sampling. If sampling is required for all sevendays of the week for any permit parameter(s), that requirement will be so noted on the Effluent Limitations and Monitoring Page(s). DWQ or "the Division" The Division of Water Quality, Department of Environment and Natural Resources. EMC The North Carolina Environmental Management Commission EPA The United States Environmental Protection Agency Facility Closure Cessation of all activities that require coverage under this NPDES permit. Completion of facility closure will allow this permit to be rescinded. Geometric Mean The Nth root of the product of the individual values where N = the number of individual values. For purposes of calculating the geometric mean, values of "0" (or "< [detection level]") shall be considered = 1. Grab Sample Individual samples of at least 100 ml collected over a period of time not exceeding 15 minutes. Grab samples can be collected manually. Grab samples must be representative of the discharge (or the receiving stream, for instream samples). Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the CWA. Instantaneous flow measurement A measure of flow taken at the time of sampling, when both the sample and flow will be representative of the total discharge. Version 10/29/2010 4cIrric VAS /4/2 l4, L -Z ("u PD) .--(---(-1-01/90,70/15kNFI.FRO DAK Americas DEC 2012 MVO December 7, 2012 Ms. Belinda Henson N.C. Department of Environment and Natural Resources Regional Supervisor, Surface Water Protection Division of Water Quality 225 Green Street -Suite 714 Fayetteville, NC 28301 Subject: Notice of Deficiency NOD-2012-PC-0341 Bioassay Compliance Inspection Permit No. NC0003719 DAK Americas LLC — Fayetteville Site Cumberland County Dear Ms. Henson: DAK Americas LLC recognizes the importance of proper sampling techniques and procedures to insure quality data in protecting our waterways. The sampling deficiency has been corrected by increasing the aliquot size to 100 ml and reducing the sampling frequency to 20 minute intervals. Sampler has been programmed to insure that samples will meet the frequency and volume criteria as stated in our NPDES Permit. Sampler will be double checked before our next sampling event scheduled for February 2013. We apologize for this oversight as we strive to maintain 100% compliance with our NPDES Permit. cc: Donald Allbright, ORC Sincerely Craig Lite Cedar Creek Site Manager CERTIFIED MAIL # 7007 3020 0000 0808 3576 Cedar Creek Site • 3216 Cedar Creek Road • Fayetteville, NC 28312 877-432-2766 (toll -free) • 910-433-8200 (phone) • 910-433-8366 (fax) www.dakamericas.com