NC0036196_Regional Office Historical File Pre 2018 (3)

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Water Resources
ENVIRONMENTAL QUALITY
July 12, 2016
Mr. James Wentz, Public Works Director
City of Newton
Post Office Box 550
Newton, North Carolina 28658
Governor
DONALD R. VAN DER VAART
Secrermy
S. JAY ZIMMERMAN
Subject: Toxicity Test Results
City ofNewton/Clark Creek WWTP
NPDES Permit No. NC0036196
Catawba County
Dear Mr. Wentz:
Director
Enclosed is a copy of the toxicity test results relative to the samples collected at the subject
facility on June 14 and 16, 2016 by Mr. Wes Bell of this Office. Whole effluent samples were collected
for use in a chronic Ceriodaphnia dubia pass/fail toxicity test. The test passed utilizing these samples.
The report should be self-explanatory; however, should you have any questions concerning this
report, please do not hesitate to contact Ms. Carol Hollenkamp at [phone] and/or Mr. Wes Bell at
[phone], or at [e-mail] and [e-mail].
Enclosure:
Toxicity Test Results
cc:
WB
Sincerely,
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ
MSC 1617-Central Files/Basement
Susan Meadows, Aquatic Toxicity Unit
Catawba County Health Department
State of North Carolina I Environmental Quality 1 Water Resources 1 Water Quality Regional Operations
Mooresville Regional Office 1610 East Center Avenue, Suite 301 1 Mooresville, North Carolina 28115
704 6631699

Division O
a
Resources
July 11, 2016
To: Corey Basinger
Water Quality Regional Operations, IRO
Through: Cindy A. Moore
Supervisor, Aquatic Toxicology Branch (ATB)
From: ` Carol Hollenkamp
Quality Assurance flfcer, Aquatic Toxicology Branch (ATB)
Subject: Whole effluent toxicity test results
Newton Clark Creek WWTP
NPDES Permit # NC0036196/001
Catawba County
The aquatic toxicity test using flow -proportional composite samples of effluent discharged from the City
of Newton Clark Creek has been completed. City of Newton Clark Creek has a permitted effluent
discharge of 5 million gallons per day (MGD) entering the Clark Creek (7Q 1 it of 6 CFS). Whole effluent
samples were collected on June 14 and June 16 by Wes Bell and facility representative Jiro Rumley for
use in a chronic Ceriodaphnia dubia pass -fail toxicity test. This test passed. Toxicity test information
follows.
Test Type
Test Concentrations
Test Result
Control Survival
Control Mean Reproduction
Test Treatment Survival
Treatment Mean Reproduction
First Sample pH
First Sample Conductivity
First Sample Total Residual Chlorine
Second Sample pH
Second Sample Conductivity
Second Sample Total, Residual Chlorine
3-Brood Ceriodaphnia dubia chr
56%
Pass
83%0
24.0 neonates
83%
25.5 neonates
7.82 SU
533 micromhos/cm
<0.10 mg/L
8,01 SU
520 rnicromhos/cm
<0 I © mg/L,
c pass fail
Test results for the above samples indicate that the effluent would not be predicted t s have water quality
impacts. These samples were split with Meritech, Inc. and Research and Analytical Labs, The test
conducted by both labs also passed. Please contact us if you have any questions or if further effluent
toxicity monitoring is desired. We may be reached at [phone].
Basin: CTB35
cc: Central Files
Wes Bell (MR0)
Aquatic Toxicology .ranch
Water Sc nee Section

North Carolina De
Beverly Eaves Perdue
Governor
Mr. Danny Sigmon
City of Newton
P.O. Box 550
Newton, North Carolina 28658
NCDENR
aartment of Environment and Natural Resources
Division of Water Quality
Charles 'akiid, RE.
Director
March 9, 2012
Subject: December 14, 2011-Toxicity Test
City of Newton -Clark Creek WWTP
NPDES No. NC40361.96
Catawba County
Mr. Sigmon,
Dee Freeman
Secretary
Thank you for submitting the supporting information requested for the December 14, 2011
effluent toxicity test result for the City of Newton -Clark Creek WWTP. All relevant information
has been reviewed by Aquatic Toxicology Unit staff. The result of the December 14, 2011 test
has been recorded with a result of "pass."
To investigate the apparent difference in results obtained from the tests, we examined
documentation concerning sampling, testing, and lab procedures. Water quality parameters of the
control waters for the tests were similar. All quality assurance documentation from both labs was
in order,
We have not determined that any of the labs involved violated any defined protocols. Each
laboratory produced appropriate chain -of -custody and quality assurance documentation. Effluent
water quality parameters measured at each laboratory were reasonably similar. Under these
circumstances, it has been our policy to accept the result which lies in favor of the discharging
facility. A result of "pass" has been recorded for the December 14, 2011 toxicity test.
If a test result of "fail was submitted, we remind you that the City of Newton -Clark Creek
WWTP monthly monitoring reports (DMR) submitted to the Division's Central Files must be
amended.
Environmental Sciences Section
1621 Mail Service Center, Raleigh, North Caro iirsa 27699-1621
Location: 4401 Reedy Creek Road, Raleigh, North Carolina'27607
Phone: [phone] FAX: [phone]
Internet: http:liportal.ncdenr,orplweblwglesslhome
An Equal Oppanun y Affirmative Act' on Employer
One
NorthCarolina
�atiirallrj

The effluent DMR facility information must be completely filled out (at the top of the sheet),
and the form should have "CORRECTED COPY" written or typed at the top.
Sincerely.,
Cindy A. Moore, Supervisor
Aquatic Toxicology Unit
Cc: Robert Krebs-MRO
Bob Sledge
Sidney Champion -Research and Analytical Laboratories
Michael Reed- Meritech, Inc.
Central Files
Environmental Sciences Section
1621 Mail Service Center, Raleigh, North Carolina 27699-1621
Locahon: 4401 Reedy Creek Road, Raleigh, North Carolina 27607
Phone: [phone] \ FAX: [phone]
Internet: http:llportalmcdenr.orqfwebiwpiess/home
One
NorthCaroiina
7aturally
An Equa.1 Opportunity Affirmative Action Employer

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
December 18, 2008
Mr. Danny Sigmon
City of Newton
Post Office Box 550
Newton, North Carolina 28658
Subject: Toxicity Test Results
City of Newton
NPDES Permit No. NC0036196
Catawba County, NC
Dear Mr. Sigmon:
Coleen H. Sullins, Director
Division of Water Quality
Enclosed is a copy of the toxicity test results relative to the inspection conducted at the subject
facility on November 21, 2008 by John Lesley of this Office. Whole effluent samples were collected for
use in a chronic Ceriodaphnia dubia pass/fail toxicity test. The test utilizing these samples resulted in a
pass.
The report should be se[f-explanatory; however, should you have any questions concerning this
report, please do not hesitate to contact Mr. Lesley or me at [phone].
Sincerely,
ARobert B. Krebs
Regional Supervisor
Surface Water Protection
Enciosure
cc: Central Files
Susan Meadows, Aquatic Toxicology Unit
Catawba County Health Department
Mailing Address
610 East Center Avenue, Suite 301
Mooresville, NC 28115
Phone [phone]
Fax [phone]
Location
610 East Center Avenue, Suite 301
Mooresville, North Carolina
None hCarolina
7atura!!y
Internet: www.newaterquatitv.org Customer Service 1-877-623-6748
AlIUL Dnrr..InAH 1101_ one}rnnn„mn. {]�nnr

NPDES Permit No. NC0036196
Page 2
Whole effluent samples were collected on November 18 and 21, 2008 by John Lesley for use in a
chronic Ceriodaphrria dubia pass/fail toxicity test, Newton WWTP has an effluent discharge permitted at
5.0 MGD entering Clark Creek (7Q10 of 6.0 CFS). The test using these samples resulted in a pass.
Toxicity test information follows:
Test Type
Test Concentration
Test Result
Control Survival
Control Mean Reproduction
Test Treatment Survival
Treatment Mean Reproduction
First Sample pH
First Sample Conductivity
First Sample Total Residual Chlorine
Second Sample pH
Second Sample Conductivity
Second Sample Total Residual Chlorine
Test results for these samples indica
quality impacts on the receiving stream,
e
3-Brood Ceriodaphnia dubia pa
56% sample
PASS
100%
24.1 neonates
100%
21,0 neonates
7,85 SU
593 micromhos/cm
<0,0052 mg/I
7,98 SU
719 micromhos/cm
<0.0052 mg/I
hat the effluent would not be predicted to have water

Division of Water Quality
December6, 2008
DW S
Rob Krebs
Regional Supervisor, Surface Water Protection, M.RO
Through: Cindy A. Moore
Supervisor, Aquatic Toxicology Lim
c
Carol Hollenkampt "(
Quality Assurance Officer, Aquatic Toxicology Unit
Subject: Whole effluent toxicity test results
Newton WWTP
NPDES Pen -nit # NCOCt3Cil1)Ci=f 01
Catawba County
The aquatic tt xietty test using 24-hour composite samples of et luent discharged from Newton WWTP has
been completed. Newton WWTP has an effluent discharge permitted that is 5.00 million gallons per day
(MG.©) entering Clark Creek (7Q 10 of 6.0 CIT'S). Whole effluent samples were collected on November 18
and November 21 by John Lesley and Newton WWTP staff for use in a chronic Ceriiodaphnia dubia
pass/fail toxicity test. The test using these samples resulted in a pass. Toxicity test information follows.
Test Type 3-Brood Ce riodap{rnia dubia pass/fail
Test Concentrations 56% sample
Test Result Pass.
Control Survival 100%
Control Mean Reprod.uction 24,1 neonates
Test Treatment Survival 100%
Treatment Mean Reproduction 21.0 neonates
First Sample pH 7,85 SLi
F•iz t Sample Conductivity. 593 micronhoskm
First Sample Total Residual Chlorine <0,0052 tng/'L
Second. Sample pH 7.98 SU
Second Sample Conductivity 719 micromhos/c.tt
Second 'Sample Total Residual Chlorine <0..0052 m L
Test results for the above samples indicate that the ef'f1u *nt would not be taa edicted to have water quality
impacts on receiving water. Please contact us iffurther °fluent toxicity monitoring is desired. We may be
reached at (919) 74.3-8401,
F3asin.: CTB 35
cc: Central Ptles
John Lesley, MRC)
;tqualic 'Toxicology [bit
Env'

F. Easley, Governor
IIiam G. Ross Jr„ Secretary
North Carolina Department of Environment and Natural Resources
August 17, 2007
Mr, James A, Richards
City of Newton
P.C. Box 550
Newton, North Carolina 28658
Subject: June 6, 2007-Toxicity Test
City of Newton -Clark Creek WWII)
NPDES No. NC0036196
Catawba County
Mr. Richards,
Thank you for submitting the supporting information requested for the June 6, 2007 effluent toxicity test
result for the City of Newton -Clark Creek WWTP. All relevant information has been reviewed by Aquatic
Toxicology Unit staff, The result of the June 6, 2007 test has been recorded with a result of "pass."
To investigate the apparent difference in results obtained from the tests, we examined documentation
concerning sampling, testing, and lab procedures, Water quality parameters of the control waters for the
tests were similar, quality assurance documentation from both labs was in order..
We have not determined that any of the labs involved violated any defined protocols. Each laboratory
produced appropriate chain -of -custody and quality assurance documentation. Effluent water quality
parameters measured at each laboratory were reasonably similar. Under these circumstances, it has been our
policy to accept the result which lies in favor of the discharging facility. A result of "pass" has been
recorded for the June 6, 2007 toxicity test.
If a test result of "fail" was submitted, we remind you that the City of Newton -Clark Creek WWI'
monthly monitoring reports (DMR) submitted to the Division's Central Files must be amended.
The effluent DMR facility information .must be completely filled, out (at the top of the sheet), and the
form should have "CORRECTED COPY" written or typed at the top.
Cindy A. Moore, Supervisor
Aquatic Toxicology Unit
cc: Rob Krebs-MRO
Bob Sledge
James Cheshire -Research and Analytical Laboratories
Michael Reed- Meritech, Inc.
Central Files
Lance Ferrell
Environmental Sciences Section 1621 Mail Service Center Raleigh„ NC 27699-1621 Phone(
Internet: www.ncwaterqualityorg 4401 Reedy Creek Road Raleigh, NC 27609 FAX [phone]
tint.
NoTthCaru
733-9960 Customer Service Aatgrally
An Equal Opportunity/Affirmative Action E
pl
50% Recycled/I0% Post Consu Paper

tb—
Michael F. Easley, Go mor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
November 2, 2006
Mr. Danny Sigmon
City of Newton
Post Office Box 550
Newton, North Carolina 28658
Subject: Toxicity Test Results
City of Newton Clark Creek WW TP
NPDES Permit No. NC0036196
Catawba County, NC
Dear Mr. Sigmon:
Alan W. Klimek, F.E. Director
Division of Water Quality
Enclosed is a copy of the toxicity test results relative to the inspection conducted at the
subject facility on October 24 and 27, 2006 by John Lesley of this Office. Effluent Samples were
collected on October 23-24 and 26-27, 2006 by facility staff for use in a chronic pa ss/fail toxicity
test. The test utilizing these samples resulted in a pass.
The report should be self-explanatory; however, should you have any questions concerning
this report, please do not hesitate to contact Mr. Lesley or me at [phone].
Sincerely,
RI
S Samar Bou-Ghazale
Acting Regional Supervisor
Surface Water Protection
Enclosure
cc: Central Files
John Giorgino, Aquatic Toxicology Unit
Catawba County Health Department
®T�
NCDENR
Mooresville Regional Office Division of Water Quality
Internet: www.ncwaterqualily.org 610 East Center Ave, Suite 301 Mooresville, NC 28115
NPaCarolina
Nature"
Phone [phone] Customer Service
Fax [phone]
An Equal Opportunity/Affirmative Action Employer-- 50% Recycled/10°%a Post Consumer Paper

Newton Clark Creek WWTP
NPDES Permit No. NC0036196-0O 1
Page 2
Whole effluent samples were collected on October 24 and 27 by John Lesley for use in a
chronic Ceriodaphnia dubia pass/faii toxicity test. Newton Clark Creek WWTP has an effluent
discharge permitted at 5.0 MGD entering Clark Creek (7Q10 of 6.0 CFS). The test using these
samples resulted in a pass. Toxicity test information follows:
Test Type
Test Concentration
Test Result
Control Survival
Control Mean Reproduction
Test Treatment Survival
Treatment Mean Reproduction
First Sample pH
First Sample Conductivity
First Sample Total Residual Chlorine
Second Sample pH
Second Sample Conductivity
Second. Sample Total Residual Chlorine
Test esults for these samples indicate
water quality impacts on the receiving stream.
3-Brood Ceriodaphnia dubia pass/fail
56% sample
Pass
100%
22.2 neonates
91.7%
21.5 neonates
7.87 SU
601 micromhos/cm
<0.0052 mg/I
7.77 SU
733 rnicromhos/cm
<0.0052 mg/1
effluent would not be predicted to have

Division o
November
AM
r Quality
2006
To: Rex Gleason
Regional Super visor, Surface rater Protection, MR,O
Through:
Frorn:
Subject:
Cindy A. Moore
Supervisor, Aquatic ology Unit
Sandy Mort �r
Quality Assurance Officer, Aquat
Whole effluent toxicity test results
Newton WWTP
NPDES Permit # NC0036196/001
Catawba County
Toxicoiov Unit
NOV
The aquatic, toxicity test using 24-hour composite samples of effluent discharged from Newton
WWTP has been completed. Newton WWTP has an effluent discharge permitted at 5.0 million
gallons pper day (MGD) entering Clark Creek (7Q10 of 6.0 CFS). Whole effluent samples were
collected on October 24 and 27, 2006 by John Lesley and facility personnel for use in a chronic
Ceriodaphnia dubia pass/fail toxicity test. The test using these samples resulted in a pass. Toxicity
test information follows.
Test Type
Test Concentrations
Test Result
Control Survival
Control Mean Reproduction.
Test Treatment Survival
Treatment Mean Reproduction
First Sample pH
First Sample Conductivity
First Sample Total Residual Chlorine
Second Sample pH
Second Sample Conductivity,
Second Sample Total Residual Chlorine
3-Brood (7eraoda7Ionia dubia pass/fail
56% sample
Pass
100i' (1
22.2 neonates
9 V .'7%
21,5 neonates
7.87 SU
601 micrornhos/e 1
<0.0052 mg!L
7.77 SU
733 m.icromhos/ern
<0.0052 mg/L
Test results for these samples indicate that the effluent would not be predicted to have water quality
impacts on receiving water. Please contact us if further effluent toxicity monitoring is desired, We
may be reached at [phone].
Basin: C B35
cc:
Central Files
John Lesley, MRO
Aquatic Toxicology Unit ces Section

Division of Water Quality
- Aquatic Toxicology Unit
June 20, 2003
MEMOR. NDI NM
To: Rex Gleason
Water Quality Supervisor, MR0
Through:
From:
Subject:.
Matt Matthews Co
Supervisor, Aquatic Toxicology Unit.
Sandy Mort
Quality Assu
Officer, Aquatic Toxicology
Whole effluent toxicity test results
Newton ` W T"P
NPDES Permit # NC0036196/001
Catawba County
nit
AT
JU 7 2005
The aquatic toxicity test using 24-hour composite samples of effluent discharged from Newton
WWTP has been completed. Newton WWTP has an effluent discharge'permitted at 5.0 million
gallons per day (MGD) entering Clark Creek (7Q10 of 6.0 CFS). Whole effluent samples were
collected on June 10 and 13 by John Lesley for use in a chronic Ceriodaphnia dubia pass/fail
toxicity test. The test using these samples resulted in a pass. Toxicity test information follows,
Test Type
Test Concentrations
Test Result
Control Survival
Control Mean. Reproduction
Test Treatment Survival
Treatment Mean Reproduction
First Sample pH
First Sample Conductivity
First Sample Total 'Residual Chlorine
Second Sample pH
Second Sample Conductivity
Second Sample Total Residual Chlorine
3-Brood Ceriodaphnia dubia pass/fat
56% sample
Pass
100%
23.0 neonates
100%
26.3neonates
7.57 SU
567 micromhoslcm
<0.0300 m.g/L
7.80 SU
814 micromhos/cm.
<0.0300 mg/L
Test .results for these samples indicate that the effluent would not be predicted to have water
quality impacts on receiving water. Please contact us if further effluent toxicity monitoring is
desired. We may be reached at [phone].
Basin: CTB35
cc: Central Files
Environmental Sciences Branch Water Quality Section

•
Michael F. Easley, Governor
William G. Ross. Jr.,Secretary
North Carolina Department of Environment and Natural Resources
• Alan W. Klimek, P.E., Director
Division of Water Quality
. July 8, 2003
Mr. Danny Sigmon
City of Newton
Post Office Box 550
Newton, NC 28658
Subject: Toxicity Test Results
. Newton Clark Creek WWTP
NPDES Permit No. NC0036196
Catawba County, NC
Dear Mr. Sigmon:
Enclosed is a copy of the toxicity test results relative to the inspection conducted at the
subject facility on June 10, 2003 by John Lesley of this Office. Effluent Samples were collected
on June 9-10 and 12-13, 2003 by facility staff for use in a chronic toxicity test. The test utilizing
these samples resulted in a pass.
The report should be self-explanatory; however, should you have any questions concerning
this report, please do not hesitate to contact Mr. Lesley or me at [phone].
Sincerely,
Rex Gleason, P.E.
ater Quality Regional Supervisor
Enclosure
cc: Central Files
Kevin Bowden, Aquatic Toxicology Unit
Catawba County Health Department
PHONE [phone]
FAX [phone]
Mooresville Regional Office,.919 North Main Street, Mooresville, NC 28115
NCE ENR
Customer Service
1 800 623-7748

Newton Clark Creek WWTP
NPDES Permit No. NC0036196
Page 2
Whole effluent samples were collected on June 10 and 13 by John Lesley of this Office for
use in a chronic Ceriodaphnia dubia pass/fail toxicity test. Newton Clark Creek WWTP has an
effluent discharge permitted at 5.0 MGD entering Clark Creek (7Q10 of 6.0 CFS). .The test using
these samples resulted in a pass. Toxicity test information follows:
Test Type
Test Concentration
Test Result
Control Survival
Control Mean Reproduction
Test Treatment Survival
Treatment Mean Reproduction
First Sample pH
First Sample Conductivity
First Sample Total Residual Chlorine
Second Sample pH
Second Sample Conductivity
Second Sample Total Residual Chlorine
3-Brood Ceriodaphnia dubia pass/fail
56% sample
Pass
100%
23.0 neonates
100%
26.3 neonates
7.57 SU
567 micromhos/cm
<0.030 mg/1
7.80 SU
814 micromhos/cm
<0.030 mg/1
Test results for these samples indicate that the effluent would not be predicted to have
water quality impacts on the receiving stream.

r‘-(f,/
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
919 North Main Street Mooresville, North Carolina 28115
CERT1th1hD MAIL
RETURN RECEIPT REQUESTED
Mr. Danny Sigmon
City of Newton
PO Box 550
Newton, North Carolina 28658
SUBJECT:
Dear Mr. Sigmon:
February 26, 2003
7001 2510 0004 8287 8054
NOTICE OF VIOLATION
Whole Effluent Toxicity (WET) Testing
Copper and Zinc Action Level Policy
NPDES Permit No. NC0036196
City of Newton WWTP
Catawba County
This is to inform you that a review of your toxicity self -monitoring report form for the month of
December 2002 indicates a violation of the toxicity limitation specified in your NPDES Permit. You
should undertake necessary actions to eliminate or reduce effluent toxicity to acceptable levels.
In addition, this correspondence contains important information on the Division's Copper and
Zinc Action Level Policy which is triggered by two or more toxicity limit violations that occur during
the toxicity testing calendar quarter specified by the toxicity testing special condition of your NPDES
Permit. Attachments addressing policy implementation and a copy of the Division's Toxicity Reduction
Guidance have been included with this Notice of Violation.
You should initiate follow-up toxicity testing upon a single WET test failure which occurs
during the toxicity testing calendar quarter.
Your facility is currently monitoring for copper and the data indicate that the levels of copper in
your effluent have the potential to cause an exceedance of the NC water quality action level for this
parameter in your receiving stream during low stream flow conditions. The policy states that whenever a
facility experiences two or more toxicity limit violations during a toxicity testing calendar quarter, the
NPDES Permit will be modified to include numeric limits for copper and/or zinc UNLESS the permittee
provides one or more of the following:
1. Instream measurements of dissolved metal during low flow conditions that demonstrate
compliance with.the Action Level standard
2. A revision of the prospective permit Iimit using improved inputs that in concert with
existing or additional monitoring data demonstrates compliance with the Action Level
standard
3. Toxicity Identification Evaluation (TIE) results that definitively rule out copper and/or zinc
as causes of effluent toxicity
4. Demonstration by an alternative method approved by the Division and EPA that copper
and/or zinc is not the cause of toxicity

The Division has evaluated your copper monitoring data. The Division has also develope2d a
prospective NPDES permit limit based on your facility's instream waste concentration, the copper action
level criterion and a translator procedure. Based on this data your prospective copper permit limit is 27
per.
The permittee, upon experiencing two or more toxicity limit violations during a toxicity
testing calendar quarter must either provide DWQ with:
a) Written notification indicating acceptance of the prospective copper
permit limit. Notification is due within 30 days after the date of the second
WET Notice of Violation.
OR
b) Written notification indicating your choice of option(s) as noted on page
one of this correspondence. Notification is due within 30 days after the date
of the second WET Notice of Violation. DWQ approval of options 1-3
(previous page) is not necessary as the Division expects work to rule out
copper as a causative effluent toxicant to begin immediately upon the second
WET permit limit violation.
Written notification (a or b above) shall be sent to:
North Carolina Division of Water Quality
Environmental Sciences Branch
Aquatic Toxicology Unit
1621 Mail Service Center
Raleigh, North Carolina 27699-1621
Please note that if you choose item b) above, you will be given nine months to submit
documentation that eliminates copper as causative effluent toxicant. Your final report should be
comprehensive and include all data used to support your conclusion(s). Should the data indicate copper
as the source of effluent toxicity or if the data are inconclusive as to copper's role as a toxicity source,
then the NPDES Permit will be reopened and the metal limit specified above will be applied to the
permit. The report is due nine months after the date of the second WET Notice of Violation.
Three copies of the final report shall be submitted to:
North Carolina Division of Water Quality
Environmental Sciences Branch
Aquatic Toxicology Unit
1621 Mail Service Center
Raleigh, North Carolina 27699-1621
You should consider submitting the above correspondence certified mail.
Failure to notify DWQ of your acceptance of a copper limit, failure to notify DWQ of your
option selection or failure to make acceptable'demonstration to DWQ that copper is not a
causative effluent toxicant within the stated time frames will result in reopening of the NPDES
Permit to include a copper numeric Iirnitation, as appropriate.
Please note that your actions to notify DWQ of prospective Limit acceptance or to notify DWQ
of plan option(s) and subsequent submission of a plan are contingent upon two or more toxicity NPDES
permit limit violations occurring during a toxicity testing calendar quarter.

Ipply-
If the effluent is toxic , then we expect work to cornmen e immediately with toxic effluent
samples. Failure to initiate work w'itl toxic effluent samples during the study period is unacceptable and
will be considered a failure to make acceptable demonstration as cited above. We recommend. a
minimum of three separate sampling events during the nine month period to definitively rule out capper
as a causative effluent toxicant.
Also note that the WET limit will remain in your NPDES permit regardless of whether metals
are the source of effluent toxicity. The data resulting from your actions to disprove copper as a source of
effluent toxicity veil]. determine whether NPDES Permit limits vvill be assigned fir these parameters..
You are responsible for initiating actions to address these issues.
You may consider entering into a Special Order by Consent (SOC) with DWQ. A SOC provides
regulatory relief for specific NPDES permit limit violations and, if signed, will contain a requirement to
conduct a Toxicity Reduction Evaluation, The SOC will contain. a compliance schedule, stipulated
penalties for failing to greet milestone activity dates and may contain upfront penalties to settle past
permit limit violations.
Additional information regarding the Division's Copper and Zinc Action Leve1..Polcy can be•
found at the following web site - http:,/ /vv sv.esb.enr.state.nc.tts. Click on the -Aquatic
Toxicology" Unit and go to the prompt "DOWNLOADS" located at the bottom of the page.. This web
site also contains EPA's "Toxicity Reduction Evaluation Guidance for Municipal Wastewater Treatment
Plants.' Section 4 of this document contains pertinent information on Toxicity Identification
Evaluations.
If you have any questions concerning this correspondence. please contact me at (7q4) 663
or \4r. Matt Matthews, Supervisor of the Aquatic Toxicology Unit at [phone].
D. Rex Gleason, P.E.
Regional Water Quality Supervisor
ATTACHE: 'S
Mooresville Regional Oftice (;no attachments)
Susan Wilson-NPDES Unit (no attachments)
Tom Poe -Pretreatment (no attachments)
Madolyn Dominy-USEPA Region IV, Atlanta Federal Center, 61 Forsyth St., SW,
.Atlanta, GA 30303 (no attachments)
Central Files (no attachments)
Aquatic Toxicology Unit Files (no attachments)