The URL can be used to link to this page

Home My WebLink AboutNC0060283_NC NOV-2021-TX-0065_20211213 STATE ROY COOPER Governor - ELIZABETH S.BISER ` Secretary S.DANIEL SMITH NORTH CAROLINA Director Environmental Quality December 13,2021 CERTIFIED MAIL: 7011 2000 0002 3103 1063 RETURN RECEIPT REQUESTED George Morosani Ridge View Community LLC 932 Hendersonville Rd,Suite 201 Asheville,NC 28803 SUBJECT: NOTICE OF VIOLATION:NC NOV-2021-TX-0065 Whole Effluent Toxicity(WET)Testing NPDES Permit No.NCO060283/001 Ridgeview Acres Mobile Home Park Buncombe County Dear Mr.Morosani: This is to inform you that a review of your toxicity self-monitoring report forms for October 2021 indicate a violation of the toxicity limitation specified in your NPDES Permit.The review also produced the following results: • 8/11/2021 Ceri7dPF test:FAILED • 9/14/2021 Cer7dChV test:<45%(Non-compliant) • 10/12/2021 Cer7dChV test:<45%(Non-compliant) • The chronic average for the September&October tests is 45%,which is less than the 90%permit limit; Therefore,this facility will receive a Civil Penalty Assessment after 10 days from receiving this notice. You should take whatever remedial actions are necessary to eliminate the conditions causing the effluent toxicity violation(s). Your efforts may include conducting a Toxicity Reduction Evaluation(TRE),a site-specific study designed to identify the causative agents of effluent toxicity, isolating the sources of toxicity,evaluating the effectiveness of toxicity control options,and confirming reductions in effluent toxicity. Please be aware that North Carolina General Statutes provide for assessment of civil penalties for violations ofNPDESpermit limitations and requirements. The reverse side of this Notice 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 Zach Thomas at(919)743- 8439 or zacharv.thomasl&,ncdenr.eov. Sincerely_ ,, k Cindy Moore,Aquatic 0oxicology Branch Supervisor Division of Water Resources,NCDEQ Attachment cc: Trevor McMinn,ORC(via email:trevorcmna.bellsouthim Landon Davidson,ARO(via email: landon.davidsonna ticderingov) ATB Enforcement File&Laserfrche North Carolina Department of Environmental Quality I Division of Water Resources I Bio Lab 4401 Reedy Creek Road 11621 MaB Service Center I Raleigh,North Carolina 27699d621 i�un�uoi+p� 919.743.8400 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 itemg below do not address or include all the toxicity testing and reporting mquirements contained in yo m�D JVan=it. 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 nermittee 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 ilual requirement. ➢ 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.ATBRencdenr.Rov --OR-- North Carolina Division of Water Resources Water Sciences Section/Aquatic Toxicity Branch 16211 Service Center Raleigh,North Carolina 27699-1621 • Toxicity test r s its shall he filed with the Water Selene s SecHnn no later than 30 days offer th nd of the r pn period(eg,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 considers btru in your toxicity rest 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(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). D FpISOnIC 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 Emdronmental Quality I DNision of Water Resources I Blo tab 4401 Reedy Creek Road 1 1621 Mail Service Center I Raleigh,North Carolina 27699-1621 • •��+••�•� /"� 919.743.8400