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Home My WebLink AboutNC0082949_NR NOV-2021-TX-0055_20211018 ROY COOPER Governor - ELIZABETH S.BISER �, « secretary S.DANIEL SMITH NORTH CAROLINA Director Environmental Quality October 18,2021 CERTIFIED MAIL: 7011 2000 0002 3103 0943 RETURN RECEIPT REQUESTED Larry Ward Town of Denton PO Box 306 Denton,NC 27239-0306 SUBJECT: NOTICE OF VIOLATION: NR NOV-2021-TX-0055 Whole Effluent Toxicity(WET)Testing NPDES Permit No.N00082949/001 Denton WTP Davidson County Dear Mr.Ward: This is to inform you that the Aquatic Toxicology Branch,ATB,did not receive your toxicity self-monitoring report form for the month of August 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 remember that reporting of toxicity self-monitoring data is a dual requirement and per your permit,"All toxicity testing results required as part of this permit condition will be entered electronically using the Division's eDMR system",as well as"Completed Aquatic Toxicity Forms shall be filed with the Water Sciences Section...". Please be aware that North Carolina General Statutes provide for assessment of civil penalties for violations of NPDES permit limitations and requirements. ATB has had to requestATForms for multiple previous bioassay quarters,including 812020 and 512021. Therefore,ATB has issued the above NOV to request that eitheryour August 2021 results or a"NO FLOW"ATForm be submitted,or that you perform a make-up test,before returning to normal quarterly testing. 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 zachary.thomas(@ncdenr.gov. Sincerely, I V `UO LQ Cindy Moore,Supervisor Aquatic Toxicology Branch Division of Water Resources,NCDEQ cc: Heather Hicks(via email: heather.hicks0townofdenton.com) Wes Bell,MRO (via email: wes.bell0ncderingov) ATB Enforcement File&Laserfiche D_E QJ� North Carolina Department of Environmental Quality I Division of Water Resources I Bio lab 4401 Reedy Creek Road 1 1621 Mail Service Center I Raleigh,North Carolina 27699-1621 wnu� � 919.743.8400 OpO�tlp Bpanpil.lpul WHOLE EFFLUENT TOXICITY MONITORING AND REPORTING INFORMATION 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(919)743-8439 or Cindy Moore at(919) 743-8442. ➢ DATA SUBMITTAL: The permittee is responsible for ensuring that toxicity testing is conducted according to the permit requirement and that toxicity report forms are appropriately filed. • The reporting of whole effluent toxicity testing data is a Baal reauirement. • 1)All toxicity test results must be entered(with the appropriate parameter code)on your monthly Electronic Discharge Monitoring Report(eDMR)and, • 2)Your Toxicity test data("AT"form)must be submitted to the Aquatic Toxicity Branch via: Email to: ATFormS.ATBOnclienr.eov Or North Carolina Division of Water Resources Water Sciences Section/Aquatic Toxicity Branch 16211 Service Center Raleigh,North Carolina 27699-1621 • Toxicity test results shall be filed with the Water Sciences Section later than 40 days afterth_e end of the reporting period leg,January test result is due by the end of February). • To determine if your AT test forms were received on time by the Division of Water Resources,you may on ide�r submitting your toxicity test results certified mail,return receipt requested to the Water Sciences Section or email to the above address, receiving e-confirmation. • 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. ➢ FAILED TESTS: • 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. ➢ INVALID TESTS: • If you receive notification from your contract laboratory that a test was invalidated,you should immediately notify the Water Sciences Section at(919)743-8439 and provide written documentation indicating why the test was invalidated and the date when follow-up testing will occur. ➢ TESTING MONTHS: • Toxicity testing months are specified by the NPDES Permit,except for NPDES Permits which contain episodic toxicity monitoring requirements leg,if the testing months specified in your NPDES permit are March,June,September,and December,then toxicity testing must be conducted during these months). ➢ EPISODIC MONTTORING: • 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. D NO DISCHARGE, • 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. North Carolina Department of Environmental Quality I Division of Water Resources I No lab 4401 Reedy Creek Road 1 1621 Mail Service Center I Raleigh,North Carolina 27699-1621 o"�.�—aM�na°a•ee.,.++uwm� /`� 919.743.8400