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HomeMy WebLinkAboutNC0024538_Instream Assessment_19891101NPDES DOC /KENT SCANNIN` COVER SHEET NPDES Permit: NC0024538 Shelby / First Broad River WWTP Document Type: Permit Issuance Wasteload Allocation Authorization to Construct (AtC) Permit Modification Complete File - Historical Engineering Alternatives (EAA) Correspondence Instream Assessment (67b ' Speculative Limits Environmental Assessment (EA) Document Date: November 1, 1989 'Miss document iss printed on reusae paper - ignore arty content on the rewersse aside DIVISION OF ENVIRONMENTAL MANAGEMENT November 1, 1989 MEMORANDUM TO: Forrest Westall THRU: Trevor Clements Thomas Stockton°` Carla Sanderson(,;S FROM: Jackie Nowell4 SUBJECT: Industrial Allocation Request for Curtis Wright Flight Systems City of Shelby, JOC Number 89-01 NPDES Permit No. NC0024538 Cleveland County Summary and Recommendations The Technical Support Branch has received the request for an instream assessment for the City of Shelby. This assessment is exclusively for the addition of 2000 GPD of industrial wastewater from Curtis Wright Flight Systems. After the installation of an electro- plating and metal coating line at the subject facility, their effluent would contain total cadmium, total chromium, and total cyanide. The City of Shelby entered into a Judicial Order of Consent in August, 1989 to attain compliance with its BOD5, TSS, fecal coliform, and toxicity limits. This JOC included a schedule for relocation of the discharge to the First Broad River to be completed by February 1, 1990. The administrative flow allocation letter issued subsequent to the JOC also stipulates "all additional wastewater shall have charac- teristics not exceeding that of normal domestic wastewater". Based on our previous recommendation in the instream assessment (July 19, 1989), Technical Support does not recommend the allowance of industrialiwasteflow from the Curtis Wright facility at the City of Shelby -Hickory Creek discharge site. Our rationale for this recommen- dation is based on three factors. First, the City of Shelby does not currently have an approved Pretreatment Program. Previous Headworks analysis data submitted has been erroneous and must be corrected before any additional significant industrialusers could be connected to the Shelby plant. Second, Shelby has already exhibited chronic whole -effluent toxic- ity problems with a total of eight failures of the toxicity test in 1987 and 1988, and no reports of test results thus far in 1989. The instream waste concentration (IWC) at Hickory Creek is 69%. A full range chronic test conducted in 1988 indicated that the effluent chronic value is 21.9%. Therefore, it is apparent that effluent toxicity at the Hickory Creek discharge site will continue to be a problem. Third, a review of the existing permits for industrial users of the Shelby WWTP indicates that cadmium, chromium, copper, cyanide, mercury, and silver are permitted beyond the allowable loads at the current discharge to Hickory Creek. There appear to be at least two options that could be exercised in this case: 1) Shelby could reduce the permitted loads of the exist- ing significant industrial users (SIUs) to generate more capacity at yi the HickorCreek site, 2) Curtis Wright could wait until the discharge is relocated to the First Broad River, where a preliminary evaluation indicates that there will be available assimilative capac- ity. The projected IWC at the proposed First Broad River site is 12%. The chronic value of 21.9% and "Pass" on a Chronic Pass/Fail at 12% indicates that Shelby should have successful toxicity testing results upon relocation. It is our opinion that upon relocation to the First Broad River, the following effluent limits (daily maximum), monitoring require- ments, and special condition should be added to Shelby's NPDES permit: Cadmium Chromium Nickel Cyanide Mercury 17 ug/1 426 ug/1 750 ug/1 43 ug/1 0.102 ug/1 Monthly effluent monitoring for copper, lead, silver, and zinc is recommended with the addition of the following special permit condi- tion: "Levels of silver have been detected in the subject permittee's effluent in excess of that necessary to maintain the Action Level for this substance as prescribed in Title 15 of the North Carolina Admin- istrative Code, Section 2B .0211 (L) (4) . Therefore, the permittee shall undertake all reasonable measures necessary to reduce the con- centration of this substance in its effluent to ensure protection of the receiving stream." Conclusion! Based on the pretreatment data and documented effluent toxicity problems at the Shelby -Hickory Creek discharge site, Technical Support does not recommend the allowance of the additional industrial wastewater from Curtis Wright Flight Systems. However, addition of the effluent from Curtis Wright to the Shelby WWTP after relocation of the outfall to the First Broad River could be justified since it is expected that whole -effluent toxicity limits and the water quality standards for the parameters of concern (e.g. cadmium, chromium, and cyanide) could be complied with by Shelby. Furthermore, it is recom- mended that Shelby be immediately required to begin weekly effluent monitoring for the following metals: cadmium, chromium, copper, cyan- ide, mercury, nickel, lead, zinc, and silver. Please contact Tom Stockton or myself if further clarification of this matter is needed. cc: Steve Tedder Roy Davis Dale Overcash Ken Eagleson David Foster WLA File State of North Carolina Department of Environment, Health, and Natural Resources Asheville Regional Office James G. Martin, Governor William W. Cobey,, Jr., Secretary MEMORANDUM TO: THROUGH: FROM: SUBJECT: DIVISION OF ENVIRONMENTAL MANAGEMENT WATER QUALITY SECTION October 17, 1989 Trevor Clements, Head Technical Support Branch Forrest R. Westal Regional Water James R. Rei Environmental upervisorl, Industrial Allocation under JOC Curtis Wright Flight Systems City of Shelby, JOG Number 89-01 Cleveland County Ann B. Orr Regional Manager i 1-19a9' 009 n , Please find attached a completed "Request Form for In -stream Assessment for 67B" for subject project. The City of Shelby entered into JOC Number 89-01 (copy attached) and was subsequently granted Allocation #1 (copy attached). If granted, an industrial allocation request would allow Curtis Wright Flight Systems, a City of Shelby sewer customer, to install an electroplating and metal coating line. The metal finishing operation would allow Curtis Wright to complete contracts with Boeing Aircraft (unit involved not on strike) so that Boeing could fulfill its agreement with the Department of Defense. Based upon available information, some of affected parties have failed to plan properly and expect that failure to constitute an emergency on our part. However, there are probably enough influential people impacted so that rapid response by the Division would be the best course of action. Pleased provide an opinion as to whether there would be any adverse impact to the receiving stream\ as a result of the addition of 2000 gpd electroplating, metals coating wastewaters to the City of Interchange Building, 59 Woodfin Place, Asheville, N.C. 28801 • Telephone 704-251-6208 An Equal Opportunity Affirmative Action Employer Trevor Clements Memorandum October 17, 1989 Page Two Shelby's treatment system. If approval of the requested allocation is not indicated, perhaps the 2.18 mgd domestic wastes allowed under Allocation # 1 could be reduced by a volume equivalent to the proposed loading from Curtis Wright. Per 10-16-89 telephone conversation with Jim Gilpin, Curtis Wright's consultant, particular's concerning the proposed wastestream are as follows: odfUoLAI Y1' Discharge will be 2000 gpd maximum with discharge occurring 1 to 2 days during each 21 day period. The Company would be willing to install a flow equalization basin so as to smooth the discharge into the City of Shelby's system. With a flow equalization basin, flows would occur everyday with a volume not to exceed 300 gpd. Total cadmium, total chromium, and total cyanide will be the only constituents in the wastestream. Processes generating the 2000 gpd wastestream will be cadmium plating of parts prepared with cyanide, 1700 gpd; chromium coating, 300 gpd. Maximum concentrations of an equalized flow would be; .001,2 0.04 mg/1 total cadmium 4,02$ 0.97 mg/1 total chromium .Ol! 0.37 mg/1 total cyanide (expressed as Cn amenable to chlorination, the Cn concentration would be 0.18 mg/1) (Copy of Curtis Wright's BMR attached) If there are questions or if additional information is needed, please contact me. xc: Tom Stockton Kevin Bowden Now Iiw.c4-. 0.003s0c ntiG C- l Now moo„,. S(u) k&( e_. I (t -cs r Cr, Cu,) 1 �� n L an )0\6 -0 rLV' L CtR L[33 LVL.11 t• Industrial Information RECEi,V ED 1. Name of Facility: . CURTISS Address of Facility:201 OLD SHELBY, Phone Number: President: WRIGHT FLIGHT SYSTEMS/SHELBY, INC. BOILING SPRINGS ROAD NC 28150 (704) 481-1150 Mr. George Yohrling Contact Name: Mr. James Underwood List all categories and subparts applicable to the Category Metal Finishing Subpart 40 CFR 433 facility: n �s' .Ashe'� t); ill^ �::.:;:;�:::� e Ashcvilk>, North Carolina List average and maximum daily flows (Gallons/Day) of all regulated and unregulated process wastestreams and all dilution wastestreams (See definition sheet for process and wastestream definitions) : Average Maximum Regulated Process Wastestream(s): Electroplating (1) (see note attached) Coating (4) Unregulated,Process Wastestream(s): (None) Dilution Wastestream(s): Air Pollution Contrnl (see note attached) 1000 Cooling Tower 5 20 1700 300 -0- 2600 Sanitary I have personally examined and am familiar with the information suubmidted uedsin this document and attachments. Based upon myinquiry mation reported herein, I immnediately responsible for °btaing tithe information true. accurate and complete. I believe that the submitted informaon am aware that there are significant penalties for submitting false info l t on. i a c `/ 3 j eAW4 s-e t/ tit, (DATE) 500 7nn SIGNATURE OF OFFICIAL FORM B Regulated metal finishing Wastestream(s) + Dilution Wastestream(s) A. Regulated metal finishing Wastestream(s) la. Electroplating - Common Metals lb. Electroplating -Precious Metals 34. Anodizing 4•4. Coatings 5.41. Chemical Etching and Milling 2.g. Electroless Plating 6. Printed Circuit Board 7. Unit Operations 7-46 (See Guidance Manual Table 3.1) B. Dilution Wastestream(s) 1. Air Pollution Control 2. Cooling Tower 3. Sanitary TF = RF + DF = 2000 + 1505 = 3505 gpd Cd(T) standard = 0.07 mg/1 RF DF - Flow (gpd) 1700 300 2000 non S 1505 2000 Alternative Cd(T) Standard - Standard x RF = O�x35n5 'Q�4—mg/1 TF Cr(T) standard = 1.71 mg/1 2000 Alternative Cr(T) standard = standard x RF/TF = 1.71 x 5 = 0.97 mg/1 CN(T) standard = 0.65 nag/1 2000 /1 Alternative CN(T) standard = standard x RF/TF = 0.65 x5 - 0.37n g FORM G Comparison Of Standards And Actual Values For Judgement Of Compliance .ist alternative standards for those pollutants for which the CWF is used. Compare categorical or alternative standards to actual values to judge compliance. POLLUTANT Cadmium (T) Chromium (T) Copper (T) Lead (T) Nickel (T) Silver (T) Zinc (T) Cyanide, tot TTO (final) PRETREATMENT STANDARDS FOR EXISTING - NOT APPLICABLE - CATEGORICAL STANDARD ALTERNATIVE STANDARD Daily Maximum Daily Maximum Maximum Monthly Avg. Maximum (mg/1) (mg/1) (mg/1) 0.69 2.77 3.38 0.69 3.98 0.43 2.61 . 1.20 2.13 0.26 1.71 2.07 0.43 2.38 0.24 1.48 0.65 Monthly Avg. (mg/1) Alternative to total cyanide: Cyanide, amenable to chlorination 0.86 0..32 POLLUTANT SOURCES (PSES) ACTUAL VALUES Daily Maximum Maximum Monthly Avg. IN COMPLIANCE? (mg/1) (mg/1) YES NO PRETREATMENT STANDARDS FOR NEW SOURCES (PSNS) CATEGORICAL STANDARD Daily Maximum Maximum Monthly Avg (mg/1) (mg/1) Cadmium (T) Chromium (T) Copper (T) Lead (T) Nickel (T) Silver (T) Zinc (T) • Cyanide, tot. TTO 0.11 2.77 3.38 0.69 3.98 0.43 2.61 1.20 2.13 Alternative to totals chlorination 0.86 ' 0.07 1.71 2.07 0.43 2.38 0.24 1.48 0.65 cyanide: 0.32 ALTERNATIVE STANDARD Daily . Maximum (mg/1) Maximum Monthly Avg. (mg/1) 0.06 0.04 L58 0.97 0.68 0.37 Cyanide, amenable to 0.49 O_18 Note: No maximum monthly average TTO concentration regulated. (T) = total ACTUAL VALUES Daily Maximum Maximum Monthly Avg. IN COMPLIANCE? (mg/1) (mg/1) YES NO Curtiss Wright Flight Systems/Shelby, Inc. Wastewater Generation Flow Chart Electroplating Coating of Common Metals 1700 gpd 300 gpd Regulated Electroplating Wastewater r-� Sanitary Cooling Tower 2000 gpd 500 gpd J 5 gpd Dilution Wastewater Total Effluent - 3505 gpd Air Pollution Device 1000gpd 1505 gpd Please note that the Regulated Electroplating Wasterwater flow is the maximum that is expected. This maximum will be achieved only during one day per every two to four weeks (after cleaning the baths, and proper pretreatment). It is our opinion that an "average" flow rate would not be useful in these calculations. Curtiss Wright Flight Systems/Shelby, Inc. Probable Contamination Level of Cadmium in Air Pollution Control Device Waste Water Effluent Previous calculations of cadmium (Cd) emmissions from the electroplating bath (prep'ared as part of the Air Quality permit request) indicate that there may be as much as 2.67E-5 mg/cu.m. Cd in the exhaust air. The air pollution control device will probably remove 90% of this contaminant, but we feel that 85% removal is a more realistic design parameter. At 85% removal, this material will then be present in the wastewater effluent from the facility. The amount present is calculated to be (2 .67E-5) - (0 .4E-5) or 2.27E-5 mg/cu . m . Cd in the wastewater. As 12,000 cu.m. of air is exhausted from this facility per hour, the accumulation rate of Cd in the wastewater is 0.27 mg/hr. If the flow rate of the wastewater is 0.9 gpm (205.5 1/hr.), then the Cd concentration in the wastewater is 1.3E-3 mg/1. The acceptable lower limit of Cd concentration is 0.7 mg/I. Therefore, the expected Cd concentration is more than two orders of magnitude below the acceptable lower toxicity limit. Therefore, allowed to the effluent from the air pollution control devices can be go directly to the sewer with no additional pretreatment. % Request Form for In -stream Assessment for 67B NAME OF FACILITYe.:1 bf ShQ t 104 COUNTY Cleve/ c/ REGION_ RECEIVING, SUBBASIN o3 aOtt DESIGN FLOW 4 . 6 STREAM p-, (7s f ' 1�4. �`ooc G� � J/ BACKGROUND DATA : A. Why is SOC needed? (Facility is out of compliance with which effluent limits? TaoD 13s -:ee4 B. History of SOC requests: 1. 2. SOC flow added: 3 Monthly Average waste flow prior to any SOC 3. 4 mgd Date: flow: mgd Date: flow: mgd Date: flow: mgd total of previously approved SOC flow: mgd Flows lost from plant flow: mgd 4. This SOC request 5. Total plant flow post-SOC (sum of original flow and SOC flow minus losses) flow: 0o2- mgd+(Sewr' flow: 344/ O2—' mgd 6. Is this an accurate flow balance for plant? Why/why not? Li e5 itLi di S C_r enc ies bd een -bb v .c 1/ 7*ct) Au b&i s or p -Flews of/Le �� �'„1c�w- k C.us'�a�-K � 2s C. Please attach DMR summary fbr past year for all permitted parame- ters. If possible, include reports from previous years if facility has been under SOC for more than a year. C 1, �� THIS SOC : A. Request is for domestic or industrial waste? If it is a combin- ation, please specify percentages. n�us ; u 1 , ale e�ro B. What type of industry?/ �-f Please attach any pertinent data. £ r ` �-( P f :` v,.Ls (aLt- e. (‘a PaAIS Mk') C. The region proposes the following SOC limits: BODS "245 mg/1 NH3 mg/1 DO 'y d mg/1 TSS 7d mg/1 fecal conform /Od #/100m1 pH sU Per Co ►'l e; I r i e Ur7 /;S Gl%r i• as• CO /lSu /�i4i2 1 e ,5 c c �;.�t 171Eh 4-11- CoVV,i E J •Flow w;ll 0tev, 2000 /NI 1't Z d 2t� 4 3 weeks • e6 45; 4" df -i / " w; If he on 17 0.4, C., %L er- Tw C'ax5(Sfs J 1100 �p& eIecro la tv�T u �rJ,.�.. G-- 1O�'7 4 o £.+Q a did%.. TK e � "�a h e C U - 15 f t IA( e(. u) i 'F-k‘CLL. 30apd &•' i l! h e_ drew. t\ vi ore • L,, i (( lam— ,wcu x t ivcv Cr . q I �.k� ,f C N o . 31 -►� �� ,� WHOLE EFFLUE1 s..OXICITY TESTING 0(SELF-MONITORING SUMMARY) Sun, Oct 15, 1989 FACILITY SCOTCI1MAN STORE N76 NPDESI: N03074667 County: WAYNE PF: 0.006 7Q10: 0.00 I W C(%):100.00 Region: WARO RFOUIRFMF.NT PERMIT a!RONIC LIMIT: 99% legin:10/17/88 frequency: Q P/F Months: FEB MAY AUG NOV SOC/J0C Rcq: YEAR JAN '85 '86 17 '88 - '89 - SEABOARD RR -ROCKY MOUNI'/CSX NPDESN: N00001503 County: EDGECOMBE Region: RRO - PF: 0.1 7010: 0.0 IWC(%):100.0 SEALED AIR CORP. 001 NPDESII: NC0006254 County: CALDWELL Region: MRO PF: 0.45 7Q10: 8.00 IWC(%):8.02 LET17iR ACUTI; 7RGT:SIGNIF MORT REDUC Begin: 2/12/89 Frequency: M Months:- - SOC/JOC Req: SOC:9/89-expir. by DEM. 4811r Ac M MONIT PERMIT CI IRONIC LIMIT:8.0% Begin: 8/1/88 Frequency: Q P/P Months: MAR JUN SEP DEC SOC/JDC Req: '85 '86 '87 '88 FEB MAR APR MAY JUN JUL AUG SEP NR NR PA- IL '89 - LATE NR NR <5.0 21.9 31.2 14.1 20.4 '85 '86 '87 '88 - '89 - SIEELBY WWTP NPDESN: NC0024538 County: CLEVELAND Region:ARO PF: 6.0 7Q10: 3.4 IWC(%):73.19 PERMIT CHR LIMT:73%,12% W/RELOC Begin:4/2387 Frequency: Q P/F Months: MAY AUG NOV FEB SOC/JOC Req: ' 85 '86 76 '87 FAIL '88 NR '89 - SILVER HILL MINE NPDESN: NC0074497 County: DAVIDSON Region: WSRO PE: 0.432 7Q10: 0.00 1 W C(%):100.00 '.ER.MIT CHRONIC LIMIT:99% Begin 10r31/88 Fnquoxr Q P/F Months: FEB MAY AUG NOV SOC/JOC Req: '85 '86 '87 '88 - '89 - SNOW HILL TAPE CORP. NPDESN: N00069922 County: GRIJINli PE:0.10 7010: 30.9 IWC(%):49.9 Itcg&at: WAR() PERMIT ACUTE LIMIT:>50% Begin: 1/28/88 1it quenc) Q Miartis: FEB MAY AUG NOV SOC/10C Rcq: '85 '86 'x7 '88 N '89 ... SOUTHEAST SHIPPING POINT MARKET NPDESN: NC0076121 County: SAMPSON Region: FRO PF: 0.07 7 Q 10xt.00 I W C:(%): 9.79 SOUTHERN BELL•GLBONS(X) NPDESN: NC0075108 County: WAYNE PF: 0.086 7Q10: 0.0 I W C(%):100.00 Region: WARO PEwIT CI IRONIC MONIT: 10% Begin: 6/30/89 Froqucocy: Q P/F Montle: FEB MAY AUG NOV SOC/JOC Req: PERMIT CI IRONIC LIMIT:99% (GRAB) Begin: 2/27/89 Frcqucney: Q P/F e Months: FEB MAY AUG NOV SOC/JOC Rcq: '85 '86 '87 '88 119 •-• '85 16 '87 '88 '89 SOUTHERN RAILWAY(SPENCER-011) NPDESII: NC0029246 County: DAVIDSON Region: WSRO PP: 0.317 7Q10:1.2 IWC(%):29.0 PERMIT CHRONIC LIMIT: 29% Begin: 9/189 Frequcn y. Q P/F A Months: MAR JUN SEP DEC SOC/JOC Req: '85 '86 17 --- '88 87.5 '89 69.2 SPENCER WWTP NPDESN: NC0025593 County: ROWAN PF: 0.7500 7Q10: 5.80 IWC(%):16.7 Region: MRO PERMIT CHRONIC UMTT:17% Begin 4/1/89 Frequency: Q P/F n Months: JAN APR JUL OCT SOC/JOC Req: JOC:6/88.5/89 CHR M P/F 11% TROT W/11J ' 85 '86 '87 '88 - '89 - 70 FAIL (-) NR NR PASS 72 FAIL NR NR (FAIL.) (--') NR NR N - - FAIL. P40 27.2 80.7 2.2 NR 58.4 1.7 PA- SS 88 19.1 49- .4 93.0 ( NR) - - (--) NONE FAIL NR 21 903 PASS FAIL NO- NEP20 (. -) FAIL NR NE- ( FAIL 34- .8 NONE 38.0 0 2 consecutive failures = significant noncumpliarwe 1 J:GIiND: PF=lbrmitted flow (MGI)), 7Q10=Receiving stream low flow criterion (cfs). IWC%=Iruticam waste concentration. Ileginzlrirst month required. Irrcquency'(Monitoring frequency): IQ -Quarterly; M•Montltly; BM -Bimonthly; SA•Semiumually; A•Annually; OWD-Only when discharging; D-Discontinued monitoring requirement; IS -Conducting independent study). P,F=Pass/Fail chronic bioassay. AccAcutc, Chr-Quotie, ltaquarierly monitoring increases to monthly upon single failum, (Data Notation): Ile -Fathead Minnow. •=Ceriodaphnia sp., rny=Mysid shrimp, ChV conic value. P=Mortality of stated percentage at highest cancentation, at=Pcrformcd by DEM Aq Tox Group. bt=Bad test), (Reporting Notation): [--=Data not required, NR=N'treported. ( )=Beginning of Quarter]. (Fac0ity Activity Status): [Ialnactive, N.-Newly Issucd(To construct), H;Activc but not discharging) OCT NOV DEC NR FAIL 34.9 16 NR (-•-) FAIL <10 49.4 PASS NONE NR 39.1 47.0 28 NPDFS PRETREATMENT INFORMATION REQUEST FORM FACILITY NAME: (�l� WOES No. NC1Do a if 5 3 REQUESTER: DATE: / / REGION: b PERMIT CONDITIONS COVERING PRFTRENTM TTT This facility has no SIUs and should not have pretreatment language. This facility should and/or is developing a pretreatliunt program. Please include the following conditions: Program Development Phase I due / / Phase II due / / Additional Conditions (attached) This facility is currently implementing a pretreatment program. Please include the following conditions: Program Implementation Additional Conditions (attached) IQ iFICANT INDUSTRIAL USERS' (SIUs) CONTRIBUTIONS SIU FLOW - TOTAL: ee Oft `!' s 1 COh ;I'TiON: 1' ;�'I7:F': v GD METAL FINISHING: M D OTHER: M D iv; ) MGD tOID itiORKS REVIEW PAPAM.FTER Cd Cr Cu Ni Pb Zn CN Phenol Other kft 1 P-47TNRou, a DAILY LOAD IN LAS/D1AY i ALLCMBLE D MESTIC PERMITTED (Tu%ijnnUALn pl QO5 it i, 6/ o .O?i $3 53,iS 0.6S 3.2 i . vl x 6,04 o . yb sa .3S-k S,s/ o.b63 3� • /,o/ o.16'3 3•0 ,`l2 4 S,69 o. 696 �S .(o53 )t 0,13 0.b03 .IAL Lio./3 1.,7-3? rig A- .OI* deD RECEIVED: / / REVIEWED BY: 36 (f EKcs4-►►N5 S (Ks JRNED: /v /02 L/$+9/ ey154-11.49 StUs &a--u Ste( se- ��w `w's9 xliwo gevllc+ ciL,x0 • J t C= • Cope (a14. ease, S sj a oit Corper^ tog .30g ite-4J•A-4-2_ sk,p/G00-A4-0.xj -64kA (ems lw ( -fic o� .5c(A6s ONL(1i PA. es- 7G ish►� per w,i�-s �Giow ,no Ca-pac[- aVa-c 1041t a+ carrer± ex 5 dU.sd.A.a vy e %o (-hckLo ry Creek . a.kt. chaN.3e toerw.L- b (iu A.(4- lnvt-k I ma J e_ aitS ct-le e 4C9tR ro od R. ( ears o.-� -I, is -j� vri e ere W , 11 b e cc_Poic t 5 ws-f` get a.deojw r ks a-p p rn tree( cc" pac +t j a+ HI..1ldv j Cr, b j rDe`^- pre re 'wle.ti"% ®rfrLA&(CpOJ hreem e h I 01 CG (A4A -`n Headworks Review 10/27/89 ver 2.1 Facility: NPDES Permit No.: Permitted Flow: Actual Average Flow: Subbasin: Receiving Stream: Stream Classification: 7Q10: Average Streamflow: IWC: Percent industrial: CITY OF SHELBY NC0024538 6.000 mgd 3.409 mgd '030804 FIRST BROAD CREEK C 70.000 cfs 371.000 cfs 11.7 % 34.0 % Actual Actual Permt. or Ind. + Ind. + Default Actual Domest. Permited Domestic Standard Acute Removal Allowable Domestic Indust. Total Indust. Total Pollutant AL Criteria Eff. Load Load Load Load Load Load (ug/1) (ug/1) * (#/d) (#/d) (#/d) (#/d) (#/d) (#/d) Cadmium S 2.0 1.79 84% 5.07 0.05 0.07 0.12 1.61 Chromium S 50 984 82% 112.72 0.83 0.68 1.51 53.18 Copper AL 7 9.2 82% 15.78 1.02 0.46 1.48 6.04 Nickel S 88.0 789 32% 52.52 0.35 0.07 0.42 5.51 Lead 5 25 34 80% 50.73 0.78 0.17 0.95 1.01 Zinc AL 50 65 78% 92.23 2.92 0.66 3.58 5.64 Cyanide S 5 22.0 59% 4.95 0.68 0.01 0.69 0.13 Mercury S 0.012 2.4 86% 0.03 0.010 0.00 0.01 0.00 Silver AL 0.06 1.2 91% 0.27 0.08 0.15 0.23 0.25 0.330 Selenium S 5 20 80% 10.15 0.00 0.00 0.00 0.00 0.000 Arsenic S 50 360 80% 101.45 0.00 0.00 0.00 0.00 0.000 Phenols S 20% 0.00 0.00 0.00 0.00 0.00 0.000 ADDITIONAL INPUT ANALYSIS RESULTS IF AVAILABLE ANALYSIS RESULTS Allowable Allowable Predicted Predicted Actual Actual Monitor / Limit / Special Condition* Effluent Effluent on Actual on Max. Wkly Max. Ave. Bkg Conc Conc. Influent Permitted Daily Ave. Actual Permit. Actual Actual Pollutant Conc. Chronic Acute Data Data Value Value Ind. Ind. Effl. Effl. (ug/1) (ug/1) (ug/1) (ug/1) (ug/l) (ug/1) (ug/1) Loading Loading Data Data 1.660 54.010 7.060 5.860 1.790 8.560 0.810 0.010 Cadmium S 17.054 15.263 0.681 9.338 Monitor Limit Chromium S 426.344 8393.180 9.524 341.788 Monitor Limit Copper AL 59.688 78.618 9.378 44.677 Monitor Special Nickel S 750.366 6727.710 9.993 140.093 Monitor Limit Lead S 213.172 288.038 6.666 12.586 Monitor Monitor Zinc AL 426.344 554.588 27.659 66.207 Monitor Monitor 187.591 9.917 11.676 Limit Limit 20.465 0.049 0.049 Limit Limit Silver AL 0.512 10.488 0.721 1.044 Special Selenium S 42.634 170.538 0.000 0.000 Arsenic S 426.344 3069.677 0.000 0.000 Phenols S 0.000 0.000 0.000 0.000 Cyanide S 42.634 Mercury 5 0.102 special * Refer to SOP manual for special condition Ian Headworks Review 10/27/89 ver 2.1 Facility: CITY OF SHELBY NPDES Permit No.: NC0024538 Permitted Flow: 6.000 mgd Actual Average Flow: 3.409 mgd Subbasin: '030804 Receiving Stream: HICKORY CREEK Stream Classification: C 7Q10: 4.100 cfs Average Streamflow: 26.000 cfs IWC: 69.4 % Percent industrial: 34.0 % Actual Actual Permt. or Ind. + Ind. + Default Actual Domeat. Permited Domestic Standard Acute Removal Allowable Domestic Indust. Total Indust. Total Pollutant AL Criteria Eff. Load Load Load Load Load Load (ug/1) (ug/1) 8 (#/d) (#/d) (#/d) (#/d) (#/d) (#/d) Cadmium S 2.0 1.79 84% 0.63 0.05 0.07 0.12 1.61 1.660 Chromium S 50 984 82% 14.04 0.83 0.68 1.51 53.18 54.010 Copper AL 7 9.2 82% 1.97 1.02 0.46 1.48 6.04 7.060 Nickel S 88.0 789 32% 6.54 0.35 0.07 0.42 5.51 5.860 Lead S 25 34 80% 6.32 0.78 0.17 0.95 1.01 1.790 Zinc AL 50 65 78% 11.49 2.92 0.66 3.58 5.64 8.560 Cyanide S 5 22.0 59% 0.62 0.68 0.01 0.69 0.13 0.810 Mercury S 0.012 2.4 86% 0.00 0.010 0.00 0.01 0.00 0.010 Silver AL 0.06 1.2 91% 0.03 0.08 0.15 0.23 0.25 0.330 Selenium S 5 20 80% 1.26 0.00 0.00 0.00 0.00 0.000 Arsenic S 50 360 80% 12.64 0.00 0.00 0.00 0.00 0.000 Phenols S 20% 0.00 0.00 0.00 0.00 0.00 0.000 ADDITIONAL INPUT ANALYSIS RESULTS IF AVAILABLE ANALYSIS RESULTS Allowable Allowable Predicted Predicted Actual Actual Monitor / Limit / Special Condition* Effluent Effluent on Actual on Max. Wkly Max, Ave. Bkg Conc Conc. Influent Permitted Daily Ave. Actual Permit. Actual Actual Pollutant Conc. Chronic Acute Data Data Value Value Ind. Ind. Effl. Effl. (ug/l) (ug/1) (ug/1) (ug/1) (ug/1) (ug/1) (ug/l) Loading Loading Data Data Cadmium S 2.882 2.579 0.681 9.338 Chromium S 72.043 1418.268 9.524 341.788 Copper AL 10.086 13.285 9.378 44.677 Nickel S 126.796 1136.839 9.993 140.093 Lead S 36.022 48.672 6.666 12.586 Zinc AL 72.043 93.714 27.659 66.207 Cyanide S 7.204 31.699 9.917 11.676 Mercury S 0.017 3.458 0.049 0.049 Silver AL 0.086 1.772 0.721 1.044 Selenium S 7.204 28.817 0.000 0.000 Arsenic S 72.043 518.710 0.000 0.000 Phenols S 0.000 0.000 0.000 0.000 Limit Limit Limit Limit Special Special Monitor Limit Limit Limit Special Special Limit Limit Limit Limit Special Special * Refer to SOP manual for special condition Ian _. .:1:::.�.: i:« ....!•..........:Nw...5.!•.. ••.••...Jib i;ra L•L'j'' .4'1L< • 4'w.!•ti •'MIN Na!••••144,4•...aawt/fa.w.•+.....•• ,••..:•3Wi.•.•i1a•ir Burlington Research Analytical Services • Aquatic Bioassay Testing • Aquatic Toxicity Reduction Evalua` AATCC Testing Services • NPDES Testing • Reporting & Data Handling Services PMN Aquatic Bioassay Evaluations / Sit4-16WIT ions CI vie, Co , Nrc453 g Post Office Box 2481 • 615 Huffman Mill Road • (919) 584-5564 • Burlington, NC 27215 CUSTOMER: FACILITY: SAMPLE (S) : DATE REC'D: LAB ID: REPORT DATE: REPORT TO: CITY OF SHELBY Shelby, NC Composite effluents for EPA chronic bioassay 3/30 and 4/2/88 88-03-102 4/25/88 Mr. Don Rhom Ceriodaphnia BIOASSAY PARAMETER RESULT (%) EPA Survival and Reproduction Test Chronic Value 21.9 NOEC (No Observable Effect Concentration) LOEC (Lowest Observable Effect Concentration) NCDEM Pass/Fail At. Current 73% 7Q10 IWC At .Alternate 12% 7Q10 IWC 48-Hour-Acute•Static LC50 12.0 40.0 Fail Pass None RECEIVED MAY 1 ^1988 TECHNICAL SERVICES BRANCh 5L 1J 6 1145 /ci-i /5 1) I*, 1/z,r77Y 6C/1 — CA4 Ar.„.f.„,,,r-‘,4_, C c��, •Z/, 9 7a /y State of North Carolina Department of Natural Resources and Community Development Division of Environmental Management 512 North Salisbury Street + Raleigh, North Carolina 27611 James G. Martin, Governor William W. Cobey, Jr., Secretary The Honorable George W. Clay Mayor, City of Shelby Post Office Box 207 Shelby, North Carolina 28150 SUBJECT: Judicial Order by Consent Allocation Request City of Shelby JOC # 89-01, Allocation # 1 NPDES NC0024538, Cleveland County Dear Mayor Clay: August 30, 1989 R. Paul Wilms Director In accordance with the City's request of August 8, 1989, and as allowed under paragraph 10 of the subject Consent Judgement (JOC 89-01) and pursuant to the provision of NCGS 143-215.67(b), I hereby authorize the acceptance of up to 2.18 MGD of additional wastewater into the Shelby Wastewater Treatment Plant. This is the maximum additional flow that can be allowed during the term of the Judicial Order under present flow conditions; the total plant flow during the term of the Judicial Order shall not exceed 5.5 MGD. Any flows which may have been allocated under a previous Special Order and are not connected to the system shall be included in this allocation. The City should allocate this flow to proposed proiects carefully to allow for orderly growth during the term of this Judicial Order. The Division may evaluate toxicity at the Shelby Wastewater Treatment Plant and any study which projects significant impacts on the receiving stream may result in the Division suspending flow allocations to the treatment system. Acceptance of flow into the treatment facility is subject to the following conditions: 1) All additional wastewater shall have characteristics not exceeding that of normal domestic wastewater. 2) Monthly reports shall be submitted to the attention of Mr. Roy Davis, Department of Environment, Health and Natural Resources; Division of Environmental Management; 59 Woodfin Place; Asheville, N. C. 28801 listing those projects which have been allocated flows, amount allocated, and once connected data on actual water consumption. P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919.733.7015 Honorable George W. Clay August 30, 1989 Page 2 Please note that any violation of terms of your Consent Judgement including effluent limitations and schedule dates shall be enforced thereunder and shall terminate this flow allocation. If you continue to operate under this increased flow allocation after a violation has occurred, you will be considered to be in violation of the flow originally allocated to you in the Consent Judgment. Any portion of the authorized additional waste not previously connected to the system shall not thereafter be connected until the necessary sewerage system improvements have been completed and placed in operation. If you have questions, or if we can be of any further assistance, please contact Mr. James Reid of our Asheville Regional Office at 704/251-6208. R. "Paul Wilms cc: Roy M. Davis/ Steve Tedder Kent Wiggins Permits and Engineering Dave Wilkinson, Town Manager • Con 5fr, C-1 5 -`asp Icy (�, o&f=ict rev,.: + (Acts Crb 13) —7 Cer►ii._Q Fi des r STATE OF NORTH CAROLI CEIVE THE GENERAL COURT OF JUSTICE v U JU�2 5 SUPERIOR COURT DIVISION COUNTY OF CLEVELAND 1989 89 CVS Enforcement And STATE OF NORTH CAROLZN ; n e 2se William W. Cobey, Jr., Secretary, Department of Natural Resources and Community Development, and ex rel ENVIRONMENTAL MANAGEMENT COMMISSION, CITY, OF SHELBY, Plaintiff, v. Defendant. C.J • . • 4 , CONSENT JUDGMENT (JOC # 8 914CF1.1.: E '.' D r THIS CAUSE came on to be heard this dayAsbe6foiiL'L at e .13 undersigned Judge of Superior Court upon joint appearance by the parties, who have announced to the Court that all matters in controversy between them as alleged in the Complaint have been settled and that they have consented to the entry of the Consent Judgment upon the following stipulations and terms: STIPULATED FACTS 1. The plaintiff is the sovereign State of North Carolina. The Department of Natural Resources and Community Development (NRCD) is an agency of the State established pursuant to NCGS 143E-275, et seq; and William W. Cobey, Jr., is its Secretary. The Environmental Management Commission (EMC) is an agency of the State established pursuant to NCGS 1438-282, et seq. 2 2. The defendant, City of Shelby, in the County of Cleveland, North Carolina, is an incorporated municipality established and created under North Carolina law. The current mayor of Shelby is George Clay, upon whom service of process may be made pursuant to Rule 4(j) (5) a of the Rules of Civil Procedure. 3. The City of Shelby holds North Carolina NPDES Permit No. NC0024538 for operation of an existing wastewater treatment works, the Shelby Wastewater Treatment Plant, and for making an outlet therefrom for treated wastewater to Hickory Creek, Class C waters of the State, in the Broad River Basin, but is unable to comply with the final effluent limitations for biochemical oxygen demand (BOD-5), total suspended solids (TSS), fecal coliform, and toxicity as set forth in the -Permit. Compliance will require preparation of plans and specifications for, and construction and operation of, additional treatment works. The noncompliance with final effluent limitations constitutes causing and contributing to pollution of the waters of the State, and the City is within the jurisdiction of the Commission as set forth in NCGS Chapter 143, Article 21. 4. The City of Shelby, due to its noncompliance, must provide financing for, plan and construct treatment works which will treat the wastewater presently being discharged and any additional wastewater desired to be discharged, to the extent that the City will be able to comply with final permit effluent limitations. 5. In response to the National Municipal Policy, 49 F.R. 3832, January 30, 1984, adopted by the United States Environmental Protection Agency for assuring compliance with the federal Clean Water Act, 33 U.S.C. 51342, by publicly -owned treatment works, and in recognition of that Act's July 1, 1988, deadline for compliance [51311 of the Act initially required compliance by July 1, 1977, but extensions of time were granted until July 1, 1988 if construction was required for compliance, pursuant to §1311(i)], the Department and Commission have identified the Shelby Wastewater Treatment Plant of the City of Shelby as a facility which was not in compliance due to extraordinary circumstances. The City has appropriated funds and contracted with a consulting engineer who will investigate in detail the present procedures at the treatment facility and the waste streams being received, and will make recommendations for changes and procedures necessary to bring the City into compliance with final effluent limitations. STIPULATED TERMS 6. The defendant, City of Shelby, waives service of process, accepts service of the Complaint, and admits all averments contained in the Complaint. 7. The defendant, City of Shelby, shall pay all court costs in this cause. 8. The parties agree that this Consent Judgment supersedes the requirements of any previously entered Special'Orders by Consent and constitutes full settlement of all matters referred to in the Complaint, with the following caveat: the plaintiff reserves all rights to otherwise assess appropriate civil penalties pursuant to NCGS 143-215.6(a) in connection with the operation of the Shelby Wastewater Treatment Plant by the defendant City of Shelby, including but not limited to any failures to comply with interim effluent limitations and monitoring requirements. The parties further agree this Consent Judgment is supplementary to the obligations of the defendant under state and federal water quality statutes. agrees The defendant, City of Shelby, to perform all of the following: (a) Meet and comply with all terms and conditions of the permit except those effluent limitations identified in paragraph. 3 above. (See Attachments A-1, A-2, B-1, B-2 and C which are incorporated by reference herein, for all monitoring requirements and effluent limitations.) (b) Upon entry of the Consent Judgment, undertake the following activities in accordance with the 'indicated time schedule: 1) Submit plans and specifications to NRCD for an outfall line to relocate the Shelby Wastewater Treatment Plant's discharge point from Hickory Creek to the First Broad River along with a request for authorization to construct the line by July 1, 1989. 2 Complete construction of the outfall line by February 1, 1990. 3) Submit plans and specifications to NRCD, which are sufficient to obtain its approval, for improvements to treatment works, including description of funding sources by July 1, 1990. 4) Award contracts on or before January 1, 1991. 5) Begin construction, on or before(wo ice..i`.I�. ro(reF • $T March 1, 1991. 6) Complete construction of proposed additional r'`"' pc`_ January 1, 1992. 1 7) Achieve compliance with final effluent limitations by April 1, 1992. (c) During the time in which this Consent Judgment is effective, comply with the interim effluent limitations and monitoring requirements contained in Attachments A-1, A-2, B-1, B-2 and C. Additional monitoring may be required by the Director on a case -by -case basis. These new requirements may be contained in either a new NPDES Permit or a letter from the Director. (d) No later than 14 calendar days after any date or time identified for accomplishment of any activity .Listed in 9(b) above, submit to the NRCD, attention Director of Division of Environmental Management, written notice of compliance or noncompliance therewith. In the case of noncompliance, the notice shall include a statement of the reason(s) for noncom- pliance, remedial action(s) taken, and a statement identifying the extent to which subsequent dates or times for accomplishment of listed activities may be affected. e) Enforce the water conservation prov:,sions of the State Building Code as it applies to new residential construction (Volume 11 - Chapter IV 401.2, 401.3). (f) Develop and adopt sewer use ordinance limits for non -conventional pollutants. Implement the pretreat- ment program as approved by the Director, including the enforcement of both categorical pretreatment standards and local limits. (g) Continue its program of infiltration/inflow identification and correction and submit reports to the NRCD Asheville Regional Office by the last day of each month. (h) Deny acceptance of any septage, sludge, or residue from any domestic or industrial septic tank, pretreatment facility, or wastewater treatment facility into the Shelby Wastewater Treatment Plant or into any portion of the sewerage system that is tributary thereto. (i) Should it become necessary to by-pass treatment components, the City of Shelby must obtain approval from the Director. Scheduled by-passes will only begin after prior approval has been received from the Director. Unforeseen by-passes must be reported to the Director as quickly as possible but in no case later owwe up with n five (5) wor ... ng days with a written request for approval. By-passes conducted in accordance with the Director's approval will not constitute a violation of this consent judgment. 10. Additional sources of waste flows are prohibited by NCGS 143-215.67(a). However, notwithstanding the entry of this Consent Judgment, the plaintiff Commission, or its delegate, may allow the City of Shelby to accept additional waste flows to its Shelby Wastewater Treatment Plant, pursuant to the provisions of NCGS 143-215.67(b), where appropriate 11. Unless excused under Paragraph 12, the defendant City of Shelby, shall pay the plaintiff Department and Commission the following stipulated penalties for failure to meet the deadlines set out in Paragraph 9(b): DEADLINE PENALTY AMOUNT 1 Plans and specifications 2) Bid advertisement same 3) Contract award/construction same initiation 4) Construction completion same 5) Compliance with $7000 final effluent limitations $100/day for first 7 days, and $500/day thereafter f[51-6j;" Payments shall be made by certified check, made payable to the "Department of Natural Resources and Community Develop- ment", and shall be made within fourteen (14) days following demand by the plaintiff. 12. Stipulated penalties are not due if the defendant, City of Shelby satisfies the plaintiff Department, or this Court, that non-compliance was caused by events or circumstances beyond the defendant's control. Such events or circumstances do not include failure to obtain state or federal grant funding, failure to schedule or pass necessary bond referenda, or other failures to obtain necessary financing, but may include delays caused by contractors provided that such delays could not be reasonably anticipated by the Defendant and that Defendant has made its best efforts to avoid and minimize such delays. Any dispute which arises concerning whether stipulated penalties are due will in the first instance be subject to informal negotiations between the parties, initiated by written request. If the parties cannot resolve the dispute within 30 days from the date of the request, the dispute may be referred by any party to the Court for judicial resolution. If exigencies require, a party may refer the matter to the Court prior to the expiration of the 30-day period; and the 30-day period may be extended or shortened by mutual agreement of the parties or by Court order. The filing of a �' on seeking petition s e ng dispute resolution as to the payment of stipulated penalties will not extend or postpone the defendant-City's obligations, and upon dispute resolution the defendant -City shall have the burden of proof. 13. The terms of this Consent Judgment may be enforced by and through the contempt powers of the Court. 14. This Consent Judgment shall terminate on July 1, 1992;,except that determinations of final compliance made by the State, payment of any due penalties by the Defendant, and request for dispute resolution may be made within 90 days thereafter. Following the expiration of this Consent Judgment, any permit violations will be subject to all enforcement procedures as allowed by G.S. 143-215.6. IT IS THEREFORE, upon the consent of the parties and without the taking of any testimony, ORDERED ADJUDGED and DECREED; 1. The above stipulated facts and terms, as agreed to by the parties, are hereby made specific findings and orders of this Court. 2. The parties, with Court approval, may jointly modify the provisions of this Consent Judgment. 3. The Court shall retain necessary jurisdiction of this matter for purposes of enforcing the terms of the Consent Judgment; for purposes of determining any matters in dispute; and for purposes of determining any motions for further relief based on changes of circumstances. This the BY CONSENT: day of FOR THE CITY OF SHELBY Attorney at Law FOR THE DEPARTMENT OF NAT "RESObR ES AND COMMUTY DEVELOPMENT A D NVIRON &GEME COMMISSION 1989. • Director, Division of Environmental Management LACY H. THORNBURG ATTORNEY GENE • SISTANT ATTORNEY GENE f "Superior Court ATTACHMENT A-1 City of Shelby EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - Interim During the period beginning on the effective —date of -the Order and -lasting until February 1, 1990, the permittee is authorized to discharge from outfall serial number(s) - 001. Such discharges shall be . limited and monitored by the permittee as specified below: Effluent Characteristics Flow BOD, 5Day, 20°C Total Suspended Residue NH3 as N Dissolved Oxygen (minimum) Fecal Coliform (geometric mean) Residual Chlorine Temperature Total Nitrogen (NO2 + NO3 + TKN) Total Phosphorus Conductivity Toxicity Priority Pollutants * ** *** Discharge Limitations Monitoring Reouirements Other Units (Specify) Measurement Monthly Avg. Weekly Avg. Frequency 6.0 MGD 45.0 mg/1 70.0 mg/1 4.0 mg/1 1000/ 10 0 ml 68.0 mg/1 105.0 mg/1 4.0 mg/1 2000/100 ml Continuous Daily Daily Daily Daily Daily Daily Daily Quarterly Quarterly Daily Quarterly Annually Sample locations: E - Effluent, I - Influent, U - Upstream, D - Downstream See Attachment B-1 See Attachment C Sample Type Recording Composite Composite Composite Grab Grab Grab Grab Composite Composite Grab Composite Composite *Sample Location I or E I,E I,E E E,U,D E,U,D E E,U,D E E U,D E E pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be monitored daily at the effluent by grab samples. There shall be no discharge of floating solids or visible foam in other than trace amounts. ATTACHMENT A-2 City of Shelby EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - Interim Du::ing the period beginning on February 2 , 1990, .and lasting -until Apri 1- 1 1992, _the permittee is authorized to discharge from outfall serial number(s) - 001. Such discharges shall be limited and monitored by the permittee as specified below: Effluent Characteristics Flow BOD, 5Day, 20°C Total Suspended Residue NH3 as N Dissolved Oxygen (minimum) Fecal Coliform (geometric mean) Residual Chlorine Temperature Total Nitrogen (NO2 -+ NO3 + TKN) Total Phosphorus Conductivi ty Toxicity Priority Pollutants Discharge Limitations Other Units (Specify) Monthly Avg. Weekly Av 6.0 MGD 45.0 mg/1 70.0 mg/1 4.0 mg/1 1000/100 ml *:* 68.0 mg/1 105.0 mg/1 4.0 mg/1 2000/100 ml Monitoring Requirements Measurement Sample, *Sam Freczuencv Type Continuous Daily Daily Weekly Daily Daily Daily Daily Quarterly Quarterly Daily Quarterly Annually Sample locations: E - Effluent, I - Influent, U - Upstream, D - Downstream See Attachment B-2 See Attachment C Recording Composite Composite Composite Grab Grab Grab Grab Composite Composite Grab Composite Composite `e Location I or E I,E TEE E E,U,D E,U,D E E,U,D E E U,D E E pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be monitored daily at the effluent by grab samples. There shall be no discharge of floating solids or visible foam in other than trace amounts. Consent Judgment ATTACHMENT B-1 City of Shelby Toxicity Testing Requirement The effluent discharge chronic toxicity analyses shall be performed using test procedures outlined in: i The North Carolina Ceriodaphnia chronic effluent bioassay procedure (North Carolina Chronic Bioassay Procedure - Revised *February, 1987) or subsequent versions. The target effluent concentration at which there may be no observable inhibition of reproduction or significant mortality is 73% (defined as treatment two in the North Carolina procedure document). The City shall perform quarterly monitoring using this procedure to establish compliance with the toxicity requirements. Tests shall be performed during the months of February, May, August, and November. Effluent sampling for this testing shall be performed at the NPDES permitted final effluent discharge below all treatment processes. All toxicity testingresults required as part of this Order will be entered on the Effluent Discharge Monitoring Form (MR-1) for the month in which it was performed, using the appropriate parameter code. Additionally, DEM Form AT-1 (original) is to be sent to the following address: Technical Services Branch North Carolina Division of Environmental Management Post Office Box 27687 Raleigh, North Carolina 27611-7687 Test data shall be complete and accurate and include all supporting chemical/physical measurements performed in association with the toxicity tests, as well as all dose/response data. Total residual chlorine must be measured and reported if employed for disinfection of the waste stream. Should any test data from this monitoring requirement or tests performed by the North Carolina Division of Environmental Management indicate potential impacts to the receiving stream, this Order may be reopened and modified to include alternate monitoring requirements. Note: Failure to achieve test conditions as specified in the cited document, such as minimum control organism survival and appropriate environmental controls, shall constitute an invalid test and will require immediate retesting. Failure to submit suitable test results will constitute a violation of Order conditions. Consent Judgment ATTACHMENT B-2 City of Shelby Toxicity Testing Requirement The effluent discharge shall at no time exhibit chronic toxicity using test procedures outlined in: 1. The North Carolina Ceriodaphnia chronic effluent bioassay procedure (North Carolina Chronic Bioassay Procedure - Revised *February, 1987) or subsequent versions. The effluent concentration at which there may be no observable inhibition of reproduction or significant mortality is 12% (defined as treatment two in the North Carolina procedure document). The City shall.perform quartely monitoring using this procedure to establish compliance with the toxicity requirements. Tests shall be performed during the months of February, May, August, and November. Effluent sampling for this testing shall be performed at the NPDES permitted final effluent discharge below all treatment processes. All toxicity testing results required as part of this Order will be entered on the Effluent Discharge Monitoring Form (MR-1) for the month in which it was performed, using the appropriate parameter code. Additionally, DEM Form AT-1 (original) is to be sent to the following address: Technical Services Branch North Carolina Division of Environmental Management Post Office Box 27687 Raleigh, North Carolina 27611-7687 Test data shall be complete and accurate and include all supporting chemical/physical measurements performed in association with the toxicity tests, as well as all 'dose/response data. Total residual chlorine must be measured and reported if employed for disinfection of the waste stream. Should any test data from this monitoring requirement or tests performed by the North Carolina Division of Environmental Management indicate potential impacts to the receiving stream, this Order may be reopened and modified to include alternate monitoring requirements. Note: Failure to achieve test conditions as specified in the cited document, such as minimum control organism survival and appropriate environmental controls, shall constitute an invalid test and will require immediate retesting. Failure to submit suitable test results will constitute a violation of Order conditions. ATTACHMENT C City of Shelby The Permittee shall conduct a test for pollutants annually at the effluent from the treatment plant. The discharge shall be evaluated as follows: 1. 2'. A pollutant analysis of the effluent must be completed annually using EPA approved methods for the following analytic fractions: (a) purgeables (i.e., volatile organic compounds); (b) acid extractables; (c) base/neutral extractables; (d) organochlorine pesticides and PCB's; (e) herbicides; and (f) metals and other inorganics. The Annual Pollutant Analysis (APA) Monitoring Requirement Reporting Form A, to be provided to all dischargers affected by this monitoring requirement, describes the sampling and analysis requirements and lists chemicals to be included in the pollutant analysis. This monitoring requirement is to be referred to as the "Annual Pollutant Analysis" (APA). Other significant levels of synthetic organic chemicals must be identified and approximately quantified. For the purpose of implementing this requirement, the largest 10 GC/MS peaks in each organic chemical analytic fraction (or fewer than 10, if less than 10 unidentified peaks occur) for chemicals other than those specified on the APA Monitoring Requirement Reporting Form A should be identified and approximately quantified as stated in the APA Reporting Form A instructions. This part (item 2) of the APA monitoring requirement is to be referred to as the "10 significant peaks rule".