NC0089702_NOV-2021-TX-0017_20210416

April 16, 2021

CERTIFIED MAIL: 7019 0140 0001 1259 0905
RETURN RECEIPT REQUESTED

Mr. Richard S. Rivitz
Brightleaf Durham Associates LLC
22730 Fairview Center Drive, Suite 200
Fairview Park, OH 44126

SUBJECT: NOTICE OF VIOLATION: NOV-2021-TX-0017
Whole Effluent Toxicity (WET) Testing
NPDES Permit No. NC0089702/001
Brightleaf on Main
Durham County

Dear Mr. Rivitz:

This is to inform you that the Aquatic Toxicology Branch, ATB, did not receive your toxicity self-monitoring
report form for the month of February 2021. This is in violation of Title 15A of the North Carolina
Administrative Code, Chapter 2, Subchapter 2B, Section .0506 (a)(1)(A) which states that “monthly
monitoring reports shall be filed no later than 30 days after the end of the reporting period for which the
report was made.” Please be aware that North Carolina General Statutes provide for assessment of civil
penalties for violations of NPDES permit limitations and requirements.

Information contained on your eDMR and gathered through correspondence with Raleigh Regional Office
staff and Mr. Kevin Clay indicates that a toxicity test was not conducted during the month of February 2021.

Please remember that reporting of toxicity self-monitoring data is a dual requirement. Reporting
requirements and the following statement can be found in Section A. (2.) of your permit: “Should the
permittee fail to monitor during a month in which toxicity monitoring is required, then monthly monitoring
will begin immediately until such time that a single test is passed.” A make-up test was requested and
required to be performed in the month of April 2021, before returning to normal quarterly testing in
May 2021.

The reverse side of this Notice also contains important information concerning your Whole Effluent Toxicity
Monitoring and Reporting Requirements. We encourage you to review this information; if it would be helpful
to discuss this situation or possible solutions to resolve effluent toxicity noncompliance, please contact
Mr. Zach Thomas at (919) 743- 8439 or [e-mail].

Sincerely,

Cindy Moore, Supervisor Aquatic Toxicology Branch
Division of Water Resources, NCDEQ

cc: Kevin Clay, Mid Atlantic (via email: [e-mail])
Cheng Zhang, RRO (via email: [e-mail]); ATB Enforcement File & Laserfiche ________





 




WHOLE EFFLUENT TOXICITY MONITORING AND REPORTING INFORMATION

¾ The following items are provided in an effort to assist you with identifying critical and sometimes overlooked toxicity testing and
reporting information. Please take time to review this information. The items below do not address or include all the toxicity
testing and reporting requirements contained in your NPDES permit. If you should have any questions about your toxicity
testing requirement, please contact Zach Thomas with the Aquatic Toxicology Branch at [phone] or Cindy Moore at (919)
743-8442.

¾ The permittee is responsible for ensuring that toxicity testing is conducted according to the permit requirement and that toxicity
report forms are appropriately filed.

¾ The reporting of whole effluent toxicity testing data is a dual requirement. All toxicity test results must be entered (with the
appropriate parameter code) on your monthly Discharge Monitoring Report which is submitted to:

North Carolina Division of Water Resources
Central Files
1617 Mail Service Center
Raleigh, NC 27699-1617

IN ADDITION

Toxicity test data (“AT” form) must be submitted to the following address:

North Carolina Division of Water Resources
Water Sciences Section/Aquatic Toxicity Branch
1621 Mail Service Center
Raleigh, North Carolina 27699-1621
or
Email to: [e-mail]

¾ Toxicity test results shall be filed with the Water Sciences Section no later than 30 days after the end of the reporting
period (eg, January test result is due by the end of February).

¾ Toxicity test condition language contained in your NPDES permit may require use of multiple concentration toxicity testing upon
failure of any single quarterly toxicity test. If the initial pass/fail test fails or if the chronic value is lower than the permit limit, then
at least two multiple concentration toxicity tests (one per month) will be conducted over the following two months. As many
analyses as can be completed will be accepted. If your NPDES permit does not require use of multiple concentration toxicity testing
upon failure of any single quarterly test, you may choose to conduct either single concentration toxicity testing or multiple
concentration toxicity testing per the Division’s WET enforcement initiatives effective July 1, 1999. Follow-up multiple
concentration toxicity testing will influence the Division’s enforcement response.

¾ Toxicity testing months are specified by the NPDES Permit, except for NPDES Permits which contain episodic toxicity monitoring
requirements (eg, if the testing months specified in your NPDES permit are March, June, September, and December, then toxicity
testing must be conducted during these months).

¾ If your NPDES Permit specifies episodic monitoring and your facility does not have a discharge from January 1-June 30, then you
must provide written notification to the Water Sciences Section by June 30 that a discharge did not occur during the first six months
of the calendar year.

¾ If you receive notification from your contract laboratory that a test was invalidated, you should immediately notify the Water
Sciences Section at [phone] and provide written documentation indicating why the test was invalidated and the date when
follow-up testing will occur.

¾ If your facility is required to conduct toxicity testing during a month in which no discharge occurs, you should complete the
information block located at the top of the AT form indicating the facility name, permit number, pipe number, county and the
month/year of the subject report. You should also write “No Flow” on the AT form, sign the form and submit following normal
procedures.

¾ The Aquatic Toxicity Test forms shall be signed by the facility’s Operator in Responsible Charge (ORC) except for facilities which
have not received a facility classification. In these cases, a duly authorized facility representative must sign the AT form. The AT
form must also be signed by the performing lab supervisor.

¾ To determine if your AT test forms were received on time by the Division of Water Resources, you may consider submitting your
toxicity test results certified mail, return receipt requested to the Water Sciences Section or email to the above address, receiving e-
confirmation.