NC0044725_Request to Reopen Permit_20080424

DIVISION OF WATER QUALITY
April 24, 2008
MEMORANDUM
To: Gil Vinzani
Through: Cindy Moore
From: John Giorgino A
Subject: REQUEST TO REOPEN NPDES PERMIT AND INCORPORATE EFFLUENT
LIMITATIONS FOR COPPER
DWQ's Copper and Zinc Action Level Policy
Laurinburg-Maxton Airport (LMAC) WWTP
NPDES No. NC0044725
Scotland County
DENR-FRO
APR 2 S 2008
DWQ
Our office requests that the LMAC Facility's NPDES Permit be reopened and effluent limitations
for copper are applied. Our recommendation is based on the following events.
The LMAC Facility was notified that it had reasonable potential to violate the instream action
level for copper. NOVs dated 5/17/07 and 6/22/07 for WET permit limit violations occurred in March
and April, 2007. The 5/17/07 correspondence cited a prospective copper limit of 536 ug/L, with a final
report due by 3/24//08.
The LMAC Facility was required to notify our office of its decision to accept the prospective
permit limits by 7/23/07. On 7/24/07, our office received correspondence from the LMAC Facility
indicating that they did not want a copper limit, however an investigative option was not chosen. I
contacted LMAC via phone, and informed Mr. Charles Vandenberg (the former ORC), that an
investigative option must be chosen. On 7/31/07, our office received another letter from LMAC
indicating Option 3, (TIE investigations) to rule out copperas the causative effluent toxicant. The letter
also stated that "as part of the TIE, the facility will do additional testing on our industries, including
testing for Barium and COD, and will closely monitor the results within our plant, especially copper, zinc
and cobalt."
As of 4/23/08, this office has not received any investigative reports from the facility that rules out
copper as the causative toxicant.
On 2/26/08, the LMAC Facility was sent another NOV for toxicity noncompliance in 12/07.
Included in the NOV letter was an underlined reminder that the facility was under RP II status for copper,
and a full report was due on 3/24/08. Also stated was the reminder that a failure to submit a report can
subject the facility toa revised permit with a copper limit.'

Page 2
LMAC
April 22, 2008
On 3/31/08, another toxicity noncompliance NOV was sent to the facility for failing to meet its
permit requirement in 1/08. The same report reminder that was included in the NOV letter.
On 3/24/08, I. received a call from Mickey Oxendine, the LMAC Superintendent (910 84.4-5081)
concerning the report that was due from the facility ruling out copper as the causative agent. He asked
what would be needed for the report. Apparently the facility had done nothing, despite the letter from
indicating that facility chose Option 3- TIE evaluation to rule out Cu. I told him to get me a letter or a
report ASAP, or we will suggest that his permit be reopened to have a Cu limit.
On 4/2/08, Mr. Paul Davis (executive director LMAC) called (910 844-5081) to request copies of
our correspondence to him over the last 9 months. He stated that the ORC (Mr. Charles Vandenberg) that
had responded to the RP II letterr is no longer with them. He also requested a copy of the letters that the
ORC sent us. He cannot find the letters in his (the previous ORC) files. I told him that I would comply,
and send them to. him. Copies were mailed via certified mail on 4/7/08
The LMAC facility has not taken advantage of TIE testing opportunities whenever toxicity test
results did not achieve compliance with the toxicity permit limit. Written notification was sent from this
office clearly stating the consequence(s) of failing to perform TIE testing on effluent samples which did
not achieve compliance with the permit limit. No -data have been submitted that definitively rules out
copper as a:cause of effluent, toxicity. We' believe that our office (and the regional office) has been
�"exTreinely flexible in this situation and we must be consistent in this response at it relates to decisions
concerning this issue applied to other facilities. We recommend the NPDES Permit for LMAC,be
reopened to incorporate a numeric copper limitation.
Please feel free to contact me (743-8441) or Cindy (743-8442) if you have questions.
cc: Belinda Henson -Fayetteville Regional Office
Dale Lopez -Fayetteville Regional Office
Matt Matthews-NPDES Unit
Jimmie Overton-ESS
Aquatic Toxicology Unit Files
Central Files