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HomeMy WebLinkAboutNC0036196_PAI_20210806ROY COOPER Governor ELIZABETH S. BISER Secretary S. DANIEL SMITH Director James Wentz Public Works Director City of Newton Post Office Box 550 Newton, North Carolina 28658 Dear Mr. Wentz: NORTH CAROLINA Environmental Quality August 6, 2021 Subject: Notice of Deficiency Pretreatment Audit Inspection City of Newton NPDES Permit No. NC0036196 Tracking #: NOD-2021-PC-0414 Catawba County Enclosed is a copy of the Pretreatment Audit Inspection (PAI) Report for the inspection of the City of Newton's Industrial Pretreatment Program on July 27, 2021, by Mr. Wes Bell of this Office. This report is being issued as a Notice of Deficiency (NOD) due to the City's failures to initiate enforcement according to the Division -approved Enforcement Response Plan (ERP), violations of North Carolina General Statute (G.S.) 143-215.1, 15A North Carolina Administrative Code (NCAC) 2H .0905 and subject NPDES Permit. Specifically, the City failed to initiate enforcement on Special Metals (Permit #: 1015) for nickel limit violations that occurred during the March through June 2021 monitoring period. In accordance with G.S. 143-215.6A, a civil penalty assessment of not more than twenty-five thousand dollars ($25,000.00), or twenty-five thousand dollars ($25,000.00) per day when the violation is of a continuing nature, may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. It is requested that a written response be submitted to this Office by August 27, 2021, addressing the City's actions to prevent the recurrence of these violations. The response should include the City's enforcement action to address the nickel permit limit violations. In responding, please address your comments to the attention of Mr. Bell. Should you have any questions concerning this report, please do not hesitate to contact Mr. Bell at (704) 235-2192, or via email at wes.bell@ncdenr.gov. Enclosure: Inspection Report NORTH Dep®rlmont of Environmental Onolit Sincerely, Docu Signed by: [,24.1.4to i1 Pzue4 F161 FB69A2D84A3... fo r W. Corey Basinger, Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ North Carolina Department of Environmental Quality 1 Division of Water Resources Mooresville Regional Office 1610 East Center Avenue, Suite 301 I Mooresville, North Carolina 28115 704.663.1699 NORTH CAROLINA DIVISION OF WATER RESOURCES PRETREATMENT AUDIT REPORT Background Information: 1. Control Authority (POTW) Name: City of Newton 2. Control Authority Representative(s): Eric Jones, Stacy Rowe, Brianna Michael 3. Title(s): WWTP Superintendent, Chief Operator, Pretreatment Coordinator 4. Address of POTW: Street/Post Office Box Post Office Box 550 City/State/Zip Code Newton, NC 28658 Phone Number: (704) 695-4337 Fax Number: (704) 828-7481 E-Mail: eionesAnewtonnc.gov srowennewtonnc.gov bmichaelnu,newtonnc. gov 5. Audit Date: 07/27/2021 6. Last Inspection Date: 03/23/2020 Inspection Type: ® PCI ❑ Audit 7. Has Program Completed All Requirements from the Previous Inspection and Program Info Sheet(s)? ® Yes ❑ No If No, Explain. 8. In the last year has the POTW experienced any NPDES or Sludge Permit compliance problems? ® Yes ❑ No If Yes, Explain. TSS weekly average limit violation - May 2020; total residual chlorine — daily maximum limit violation — June 2020 and pH daily minimum limit violation — November 2020. 9. Is POTW under an Order That Includes Pretreatment Conditions? ❑ Yes ® No Order Type and Number: Are Milestone Dates Being Met? ❑ Yes ❑ No ® NA Parameters Covered Under Order ICIS Coding: Main Program Permit Number NC0036196 MM/DD/YY 07/27/21 10. Current Number of Significant Industrial Users (SIUS)? 11. Number of SIUs with No IUP, or with an Expired IUP? 12. Number of SIUs Not Inspected by POTW in Last Calendar Year? 13. Number of SIUS Not Sampled by POTW in Last Calendar Year? 14. Number of SIUs in SNC for Limits Violations During Either of Last 2 Semi -Annual Periods 15. Number of SIUs in SNC for Reporting During Either of Last 2 Semi -Annual Periods 16. Number of SIUs in SNC with Pretreatment Schedule? 2 0 0 0 1 0 0 SIUS CIUS NOIN NOCM PSNC 17. Number of SIUs on Schedules? 1 MSNC 18. Current Number of Categorical Industrial Users (CIUs)? 19. Number of CIUs in SNC? 2 1 SNPS NC DWR Pretreatment Audit Form Revised: July 25, 2007 Page 1 20. PRETREATMENT PROGRAM ELEMENTS REVIEW Program Element: NC0036196 Last Submittal Date In file? Last Approval Date In file Date Next Due, If Applicable Headworks Analysis (HWA) 11/10/17 0 Yes ❑ No 6/6/19 0 Yes ❑ No 10/1/22 Industrial Waste Survey (IWS) 10/24/19 // Yes ❑ No 3/4/20 // Yes ❑ No 10/1/24 Sewer Use Ordinance (SUO) 12/18/12 /1 Yes ❑ No 2/11/13 @ Yes ❑ No Enforcement Response Plan (ERP) 10/28/19 /1 Yes ❑ No 2/5/20 @ Yes ❑ No Long Term Monitoring Plan (LTMP) 6/30/15 // Yes ❑ No 8/5/15 // Yes ❑ No Legal Authority (Sewer Use Ordinance-SUO) 21. Do you have any towns and/or areas from which you receive wastewater which are not in your annexed jurisdiction? ® Yes ❑ No If yes, Please list these towns and/or areas. City of Conover 22. If yes to #22, Do you have current Interjurisdictional Agreements (IJAs) or other Contracts? ® Yes ❑ No ❑ NA A copy, if not already submitted, should be sent to Division. 23. If yes to #22, Have you had any trouble working with these towns or districts? ❑ Yes ® No ❑ NA If yes, Explain. 24. Date of Last SUO Adoption by Local Council 3/5/13 25. Have you had any problems interpreting or enforcing any part of the SUO? ❑ Yes ® No If yes, Explain. Enforcement (Enforcement Response Plan-ERP) 26. Did you send a copy of the ERP to your industries? ® Yes ❑ No If no, POTW must send copy within 30 days. 27. Have you had any problems interpreting or enforcing any part of the ERP (i.e. any adjudication, improper enforcement, etc? ❑ Yes ® No If yes, Explain. 28. List Industries under a Schedule or Order and Type of Schedule or Order. Special Metals, Consent Order Resources 29. Please Rate the Following: S=Satisfactory M=Marginal U=Unsatisfactory Rating Explanation, if Unsatisfactory Personnel Available for Maintaining POTW's Pretreatment Program S ❑M ❑U 1 Access to POTW Vehicles for Sampling, Inspections, and Emergencies S ❑M ❑U 1 Access to Operable Sampling Equipment S ❑M ❑U i1 Availability of Funds if Needed for Additional Sampling and/or Analysis S ❑M ❑U 1/ Reference Materials S ❑M ❑U 1/ Staff Training (i.e. Annual and Regional Workshops, Etc.) S ❑M ❑U i1 Computer Equipment (Hardware and Software) S ❑M ❑U @ NC DWR Pretreatment Audit Form Revised: July 25, 2007 Page 2 30. Does the POTW have an adequate data management system to run the pretreatment program? ® Yes ❑ No Explain Yes or No. Excel 31. How does the POTW recover the cost of the Pretreatment Program from their industries? Explain. Surcharges, permit renewal and IWS fees. Public Perception/ Participation: 32. Are there any local issues affecting the pretreatment program (e.g.. odor, plant closing, new or proposed plants)? ® Yes ❑ No If yes, Explain. 33. Has any one from the public ever requested to review pretreatment program files? El Yes ® No If yes, Explain procedure. If no, How would the request be addressed? An official procedure has not been developed; however, the Public Works Director, City Attorney and Pretreatment staff would be involved with the approval and scheduling of the review. The records would probably be reviewed at City Hall. The Pretreatment staff are in process of establishing an official procedure. 34. Has any industry ever requested that certain information remain confidential from the public? El Yes ® No If yes, Explain procedure for determining whether information qualified for confidential status, as well as procedure for keeping files confidential from public. If no. how would the request be addressed? An official procedure has not been developed; however, the Public Works Director, City Attorney and Pretreatment staff would be involved with the determinations. Confidential files would be kept in a cabinet housed in a locked room. Pretreatment staff are in process of establishing an official procedure. 35. In addition to annual inspection, does the POTW periodically meet with industries to discuss pretreatment? ® Yes El No 36. Is the public notified about changes in the SUO or Local Limits? ® Yes ❑ No 37. Were all industries in SNC published in the last notice? ® Yes El No El NA Permitting (Industrial Waste Survey-IWS): 38a. How does the POTW become aware of new or changed Users? The IWS — Short Form is given to new users by the City's Economic Development staff and/or Planning Department. The WWTP staff and Pretreatment Coordinator evaluate IWS information. 38b. Once the POTW becomes aware of new or changed Users, how does the POTW determine which industries have the reasonable potential to adversely impact the WWTP and therefore require a new permit or a permit revision? (Who is an SIU?) Categorical processes, flow, and potential loading. 39. Does the POTW receive waste from any groundwater remediation projects (petroleum, CERCLA) or landfill leachate? ®Yes ❑No If Yes, How many are there? No groundwater remediation projects. Please list each site and how it is permitted, if applicable. Landfill leachate, no permit. 40. Does the POTW accept waste by (mark if applicable) ® Truck ❑Dedicated Pipe El NA 41. If the POTW accepts trucked waste, what controls are placed on this waste? (example. designated point, samples drawn, manifests required) Designated point for septage haulers with annual sampling (minimum). Septage haulers are tracked with manifests/tickets. 42. How does the POTW allocate its loading to industries? Mark all that apply El Uniform Limits ® Historical Industry Need El By Surcharge ® Categorical Limits ❑ Other Explain Other: 43. Review POTW's copies of current allocation tables for each WWTP. Are there any over allocations? ® Yes ❑ No If yes, What parameters are over allocated? Mercury; however, since the effluent meets the stream standard and there is no allocation to industries, no action is required per PERCS letter dated 1/16/18. 44. If yes to #44, What is being done to address the over allocations? (short-term IUPs, HWA to be revised, pollutant study, etc.) None required at this time. 45. Does the POTW keep pollutant loading in reserve for future growth / safety? ® Yes ❑ No If yes, what percentage of each parameter? 10% 46. Has the POTW experienced any difficulty in allocation? (for example: adjudication by an industry) El Yes ® No If yes, Explain. NC DWR Pretreatment Audit Form Revised: July 25, 2007 Page 3 47. How does the POTW decide on which pollutants to limit in the permits? Monitor for? (for example: were only those pollutants listed on the application limited; categorical parameters; NPDES Pollutants of Concern) Categorical parameters and NPDES POCs. 48. How does the POTW decide what the monitoring frequency should be for the various pollutants in industry permits? Explain. Quarterly sampling for conventional parameters and metals (minimum); new SIUs performs monthly sampling for a year to get a baseline and may be reduced to quarterly based on results/levels. Permit Compliance: 49. Does the POTW currently have or during the past year had any permits under adjudication? ❑ Yes ® No If yes, which industries? What was (will be) the outcome of the adjudication? 50. Demonstrate how the POTW judges compliance. This should include compliance judgment on all violations of limits, reporting requirements, and permit conditions, as well as for SNC. Compliance Judgement Worksheet - SNC determinations; violations (limit, monitoring, reporting, etc.) based on approved ERP. 51. Does the POTW use the Division's model inspection form or equivalent? ® Yes ❑ No If no, does the POTW form include all DWQ data? ❑ Yes ❑ No 52. Were all SIUs evaluated for the need of a slug/spill control plan during their most recent inspections? ® Yes ❑ No If no, Explain. 53. What criteria are used to determine if a slug/spill control plan is needed? Chemical storage practices, presence and locations of floor drains and secondary containment, potential impacts to WWTP. 54. What criteria does the POTW use to determine if a submitted slug/spill control plan is adequate? Emergency contacts kept current, proper storage practices and secondary containment, adequate spill response equipment. 55. How does the POTW decide where the sample point for an SIU should be located? POTW samples both categorical waste streams and all combined waste streams. 56. Has the POTW established a procedure to ensure that representative samples will be taken by the POTW or SIU each time? POTW: ® Yes ❑ No SIU: ® Yes ❑ No If yes, Explain. POTW — Laboratory and sampling manuals/SOPs; SIUs contract commercial laboratory to perform sampling and analyses. 57. Who performs sample analysis for the POTW for Metals — Meritech Conventional Parameters — In-house certified lab Organics — Meritech 58. Explain the Chain of Custody Procedure used for both in house and commercial lab samples. POTW uses internal COC and the contracted laboratory's COC; SIUs use contracted laboratory's COC. Long/Short Term Monitoring Plan (L/STMP) and Headworks Analysis (HWA): 59a. Is LTMP/STMP Monitoring Being Conducted at Appropriate Locations and Frequencies? ® YES ❑ NO 59b. Are Correct Detection Levels being used for all LTMP/STMP Monitoring? ® YES ❑ NO 59c. Is LTMP/STMP Data Maintained in Table or Equivalent? ® YES ❑ NO Is Table Adequate? ® YES ❑ NO 59d. All LTMP/STMP effluent data on Discharge Monitoring Report (DMR)? ® YES ❑ NO 59e. If NO to any above, list violations 59f. Should any Pollutants of Concern be Eliminated from or Added to LTMP/STMP? ❑ YES ® NO If yes, which ones? Eliminated: Added: 60. Do you complete your own headworks analysis (HWA) ? ® Yes ❑ No If no, Who completes your HWA? Phone: 61. Do you have plans to revise your HWA in the near future? ❑ Yes ® No If yes, What is the reason for the revision? (mark all that apply) ❑Increased average flow ❑NPDES limits change DMore LTMP data available ❑Resolve over allocation 05 year expiration ['Other, explain. 62. In general, what is the most limiting criteria of your HWA? ❑Inhibition ® Pass Through ❑Sludge Quality NC DWR Pretreatment Audit Form Revised: July 25, 2007 Page 4 63. Do you see any way to increase your loading in the future (Example: obtaining more land for sludge disposal)? ❑ Yes ❑ No Explain. N/A. Reserve capacity is available at the WWTP. Summary: 64. Do you plan any significant changes to the pretreatment program or changes to the WWTP that may affect pretreatment? No INDUSTRIAL USER PERMIT (IUP) FILE REVIEW: 65. User Name 1. Technibilt 2. Special Metals 3. 66. IUP Number 1018 1015 67. Does File Contain Current Permit? /1 Yes ❑ No @ Yes ❑ No ❑ Yes ❑ No 68. Permit Expiration Date 7/31/25 7/31/25 69. Categorical Standard Applied (I.E. 40 CFR, Etc.) Or N/A 433.17 471.35 70. Does File Contain Permit Application Completed Within One Year Prior to Permit Issue Date? /1 Yes ❑ No /1 Yes ❑ No ❑ Yes ❑ No 71. Does File Contain Inspection Completed Within Last Calendar Year? /1 Yes ❑ No @ Yes ❑ No ❑ Yes ❑ No 72. a. Does File Contain Slug/Spill Control Plan? b. If No, is One Needed? (See Inspection Form from POTW) a. ►SYes •No b. •Yes No a. ►SYes No b. •Yes •No a. ❑Yes ❑No b. ❑Yes No ®Yes❑No❑N/A ❑Yes❑NoSN/A ❑Yes❑No❑N/A 73. For 40 CFR 413 and 433 TTO Certification, Does File Contain a Toxic Organic Management Plan (TOMP)? 74. a. Does File Contain Original Permit Review Letter from Division? b. All Issues Resolved? a. ►SYes •No b.❑Yes❑NoSN/A a. ®Yes •No b.❑Yes❑No®N/A a. •Yes •No b.❑Yes❑No❑N/A 75. During Most Recent Semi -Annual Period, Did POTW Complete its Sampling as Required by IUP, including Flow? Al Yes ❑ No @ Yes ❑ No ❑ Yes ❑ No 76. Does File Contain POTW Sampling Chain -Of -Custody Forms? /1 Yes ❑ No /1 Yes ❑ No ❑ Yes ❑ No 77. During Most Recent Semi -Annual Period, Did SIU Complete its Sampling as Required by IUP, including Flow? ®Yes❑No❑N/A SYes ❑No❑N/A ❑Yes❑No❑N/A 78. During Most Recent Semi -Annual Period, Did SIU submit all reports on time? SYes❑No❑N/A SYes❑No❑N/A ❑Yes❑No❑N/A 79a. For categorical IUs with Combined Wastestream Formula (CWF), does file include process/dilution flows as Required by IUP? SYes❑No❑N/A ❑ Yes ❑NoSN/A ❑Yes❑No❑N/A 79b. For categorical IUs with Production based limits, does file include production rates and/or flows as Required by IUP? ❑Yes ONO SN/A SYes ❑No❑N/A ❑Yes❑No❑N/A 80. During Most Recent Semi -Annual Period, Did POTW Identify All Limits Non -Compliance from Both POTW and SIU Sampling? SYes❑No❑N/A ❑ Yes SNo❑N/A ❑Yes❑No❑N/A 81. During Most Recent Semi -Annual Period, Did POTW Identify All Reporting Non -Compliance from SIU Sampling? ❑ Yes ❑NoSN/A ❑ Yes ❑NoSN/A ❑ Yes ❑No❑N/A 82. a. Was POTW Notified by SIU (Within 24 Hours) of All Self- Monitoring Violations? b. Did Industry Resample and submit results to POTW within 30 Days? c. If applicable, did POTW resample and obtain results within 30 days ofc becoming aware of SIU limit violations in the POTW's sampling of SIU? a.❑Yes ❑No®N/A b.❑Yes❑NoSN/A ®Yes❑No❑N/A a.❑Yes❑NoSN/A b.❑Yes ❑No®N/A c.❑Yes❑No®N/A a.❑Yes ❑No❑N/A b.❑Yes❑No❑N/A c.❑Yes❑No❑N/A 83. During Most Recent Semi -Annual Period, Was SIU in SNC? ❑ Yes 1 No ❑ Yes r No ❑ Yes ❑ No 84. During Most Recent Semi -Annual Period, Was Enforcement Taken as Specified in POTW's ERP (NOVs, Penalties, timing, etc.)? SYes❑No❑N/A ❑ Yes SNo❑N/A ❑Yes❑No❑N/A 85. Does File Contain Penalty Assessment Notices? ❑Yes❑NoSN/A SYes ❑No❑N/A ❑Yes❑No❑N/A 86. Does File Contain Proof Of Penalty Collection? ❑Yes❑NoSN/A ❑ Yes SNo❑N/A ❑Yes❑No❑N/A 87. a. Does File Contain Any Current Enforcement Orders? b. Is SIU in Compliance with Order? a.❑Yes ❑No®N/A b.❑Yes❑No®N/A a.®Yes❑No❑N/A b.❑Yes®No❑N/A a.❑Yes ❑No❑N/A b.❑Yes❑No❑N/A 88. Did POTW Representative Have Difficulty in Obtaining Any Requested Information For You? ❑ Yes /1 No ❑ Yes L No ❑ Yes ❑ No FILE REVIEW COMMENTS: 16. Special Metals was in SNC during second half of 2020 for nickel limit violations. 71. SIU inspections were performed by the POTW on 2/26/20 (Technibilt) and 9/2/20 (Special Metals). 77. Technibilt and Special Metals both contract Pace Analytical Services to perform IUP analyses. NC DWR Pretreatment Audit Form Revised: July 25, 2007 Page 5 84. The POTW issued NOVs to Technibilt for BOD and TSS permit limit violations in January 2021 (BOD) and April 2021 (TSS). The POTW issued NOVs to Special Metals for chromium and nickel permit limit violations (Pipe 002) in January and February 2021. A $2,000.00 civil penalty was issued for the 1/12/21 and 1/14/21 chromium and nickel violations. In addition, a $400.00 civil penalty was issued for late payment. The POTW placed Special Metals under a Consent Order in March 2021 due to the SIU being in SNC (for nickel permit limit violations) for two consecutive semi -annul periods in 2020. The POTW failed to enforce on the nickel violations reported from March 2021 through June 2021 according to the Division -approved ERP. INDUSTRY INSPECTION PCS CODING: Trans.Code N Main Program Permit Number N 0 0 3 6 1 9 6 MM/DD/YY 27 (DTIA) 7 21 Inspection type 1. Industry Inspected: Special Metals 2. Industry Address: 1401 Burris Road, Newton, NC 28658 3. Type of Industry/Product: Nickel alloy welding materials manufacturing 4. Industry Contact: Mellissa Wyatt Title: EHS Coordinator Phone: (828) 465-0352 5. Does the POTW Use the Division Model Inspection Form or Equivalent? ® Yes ❑ No 6. Did the POTW Contact Conduct the Following Parts of the Industrial Inspection Thoroughly? Comments: A. Initial Interview B. Plant Tour C. Pretreatment Tour D. Sampling Review E. Exit Interview ® Yes ❑ No ® Yes ❑ No ® Yes ❑ No ® Yes ❑ No ® Yes ❑ No U (TYPI) Inspector Facility Type S (INSP) 2 (FACC) Industrial Inspection Comments: The facility manufactures welding products such as tig wire, mig wire, coated electrode, etc. The facility has 65 employees and operates four to five days per week with only the annealing line operating 24-hrs. per day. The alkaline spent bath and rinse bath waste streams flow through a five -micron sock filter prior to flow measurement and sampling. Any sludge (alkaline and rinse tanks, etc.) from the cook off tanks is disposed by A&D Environmental to a permitted landfill approximately once every five weeks. The sludge in the flux pit tank is disposed by US Waste to a permitted landfill on an annual basis. The facility is equipped with an automated notification system (via email) to supervisory staff of any unplanned changes in production. The POTW samples both the categorical and non - categorical waste streams. The facility is in the planning process of installing an electrostatic filtration system to lower the nickel levels per Consent Order. SUMMARY AND COMMENTS: The POTW must ensure all IUP required detection levels (nickel, cyanide) are met (POTW and SIU contracted labs). Proof of penalty collections should also be maintained with the Pretreatment staff for review during future inspections. The POTW must enforce all nickel limit violations from March through June 2021 according to the Division -approved ERP by August 13, 2021. The failures to enforce the limit violations were attributed to confusion on the enforcement of limit violations while the SIU was under a Consent Order which was discussed during this audit. In addition, the POTW was not aware that categorical limits could be temporarily increased in Consent Orders. The records reviewed during the inspection were organized and well maintained. NOD: ® Yes El No NOV: ❑ Yes ® No QNCR: ❑ Yes ® No NC DWR Pretreatment Audit Form Revised: July 25, 2007 Page 6 POTW Rating: Satisfactory ® Marginal ❑ ��D/ocuSignedd by: Oe- 3e11 AUDIT COMPLETED BY: A61696D90CC3437... Wes Bell, Environmental Specialist II AUDIT REVIEWED BY: Docu Signed by: 1.1k41 cw H Pas,e4 F161FB69A2D84A3.. W. Corey Basinger, Regional Supervisor Unsatisfactory ❑ DATE: 8/5/2021 8.6.21 DATE: NC DWR Pretreatment Audit Form Revised: July 25, 2007 Page 7