NC0031836_NC NOD-2022-TX-0001_20220322

North Carolina Department of Environmental Quality | Division of Water Resources | Bio Lab
4401 Reedy Creek Road | 1621 Mail Service Center | Raleigh, North Carolina 27699-1621
919.743.8400

March 22, 2022

CERTIFIED MAIL: 7014 0150 0001 4024 4650
RETURN RECEIPT REQUESTED

Ron Smith, City Manager
City of Statesville
PO Box 1111
Statesville, NC 28687-1111
SUBJECT: NOTICE OF DEFICIENCY: NC NOD-2022-TX-0001
Whole Effluent Toxicity (WET) Testing
NPDES Permit No. NC0031836/001
Fourth Creek WWTP
Iredell County

Dear Mr. Smith:

The Aquatic Toxicology Branch reviewed the City of Statesville Fourth Creek WWTP’s January 24, 2022 WET
split test results form and determined that it was ran at the incorrect dilution of 45%, instead of 55%. ATB
confirmed with the testing laboratory, Meritech, that the test was performed at the requested 45% effluent.
ATB also spoke with Brandy Johnson via phone/email to discuss the test results and required re-testing.

The January 24, 2022 Ceri7dPF test results passed at the 45% dilution. The ATB invalidated this test and
requested that a Ceri7dPF re-test for this bioassay quarter be performed in February 2022 at the
correct, permit required, dilution of 55%. ATB received the February 21, 2022 re-test results (pass) via
email on March 14, 2022. Nothing further is required for this bioassay quarter.

Please be aware that North Carolina General Statutes provide for assessment of civil penalties for violations
of NPDES permit limitations and requirements. The reverse side of this Notice contains important
information concerning your Whole Effluent Toxicity Monitoring and Reporting Requirements. Please note
the appropriate mailing addresses for submitting your Discharge Monitoring Reports (DMRs) and Aquatic
Toxicity (AT) Test Forms. Also, the Aquatic Toxicology Branch now accepts AT forms via email
([e-mail]); if an AT form is submitted via email, we do not require that a hard copy is
mailed. 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 [e-mail].

Sincerely,

Cindy Moore, Supervisor Aquatic Toxicology Branch
Division of Water Resources, NCDEQ

cc: Brandy Johnson, ORC (via email: [e-mail])
Wes Bell, MRO (via email: [e-mail])
ATB Enforcement File & Laserfiche
DocuSign Envelope ID: C19C63A5-9BBD-41C3-BF1C-DBC83AA9C029

North Carolina Department of Environmental Quality | Division of Water Resources | Bio Lab
4401 Reedy Creek Road | 1621 Mail Service Center | Raleigh, North Carolina 27699-1621
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 testi ng 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) 74 3-8439 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 dual 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: [e-mail]
--OR--
North Carolina Division of Water Resources
Water Sciences Section/Aquatic Toxicity Branch
1621 l Service Center
Raleigh, North Carolina 27699-1621

 Toxicity test results shall be filed with the Water Sciences Section no later than 30 days after the end of the reporting
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 consider 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 month s.
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 te sting
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 [phone] 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).

 EPISODIC MONTIORING:

 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 firs t
six months of the calendar year.

 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.
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