NC0082694_Correspondence_20220328

Ori Tuvia
Environmental Engineer
NCDEQ / Division of Water Resources
Mooresville Office
610 East Center Ave, Suite 301
Mooresville, NC 28115
[e-mail]
Subject:
NCDEQ Staff
Compliance Evaluation Inspection
Notice of Violation and Intent to Assess Civil Penalty
Tracking Number: NOV-2022-PC-0041
DALLAS WTP
NPDES PERMIT No: 0082694
Gaston County
1. Part II, Section C.2 , failure of Proper Operation and Maintenance
"The Permittee shall at all times properly operate and maintain all facilities and systems of treatment and
control (and related appurtenances) which are installed or used by the Permittee to achieve compliance with the
conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and
appropriate quality assurance procedures. This provision requires the Permittee to install and operate backup
or auxiliary facilities only when necessary to achieve compliance with the conditions of the permit [40 CFR
122.41(e)]. "
Proper Operation and maintenance of the backwash lagoon level would have prevented the backwash from
reaching a level that it would overflow.
There were two snow events January 18th,2022 and January 20th,2022. There was a Filter Wash completed on January
24th, 2022. Per normal procedure, We hold the water for at least 24 hours to dissipate chlorine to levels required by
discharge permit. On January 25th,2022 you arrived on site for inspection. During the inspection it was found by you
and the Town of Dallas Staff that the lagoon was overflowing to the adjacent storm drain system. There were no direct
actions from the Town of Dallas Staff to cause the overflow. It was found that the chemical containment was attached
to the back pond which was adding melting snow to the discharge level. During the inspection it was found that the
chlorine limit in the lagoon was still above discharge limits at 65 ug/L. Town of Dallas staff then checked the chlorine
levels in the storm drain retention pond. The level was 44 ug/L which is in acceptable range for discharge. When
leaving the facility you requested that we find a solution to stop the overflow immediately. Since the overflow wasn't
caused by any operational actions of the water treatment facility Town of Dallas Staff chose to open the recirculation
valve to the pre -sedimentation basin to compensate for the incoming Storm Water from the Chemical Containment
drain that was entering the lagoon. This stopped the overflow. January 26th,2022 chlorine levels were within range to
start normal discharge (43ug/L). We are working with Zach Keys to have solids removed from lagoons in both ponds
and once the back pond has been removed of solids, we will be disconnecting pond from lagoon system. This will
eliminate the inflow of storm water from the chemical containment area.
2. Part II, Section C.4(b)(2), Failure to give notice
"Unanticipated bypass. The Permittee shall submit notice of an unanticipated bypass as required in Part II.E.6.
(24-hour notice)."
No notice was given to Mooresville Regional Office staff that bypass has occurred.
According to 40 CFR 122.41 it states the 24-hour notice would be orally given. Ori Tuvia is a representative of NCDEQ
Mooresville regional office and was onsite. We found bypass together during the inspection on January 25th, 2022. It
was also requested to have a Teams meeting on January 26t11,2022 2:00pm — 3:00pm. This meeting was rescheduled
due to conflicts with NCDEQ personnel to January 27th,2022 11:00 am — 12:00 pm. Parties that were on the call were
Corey Basinger Regional Supervisor, Andrew Pitner Environmental Program Supervisor II, Ori Tuvia Environmental

Engineer, and Raymond Whitner,III Assistant Regional Engineer Public Water Supply. In the Teams meeting it was
discussed conditions and corrections of bypass. Letter of actions were sent February 1st, 2022. I don't see how notice
was not given if all parties were aware of the event.
40 CFR 122.41
(6) Twenty -four-hour reporting.
(i) The permittee shall report any noncompliance which may endanger health or the environment. Any information shall be
provided orally within 24 hours from the time the permittee becomes aware of the circumstances. A report shall also be provided
within 5 days of the time the permittee becomes aware of the circumstances. The report shall contain a description of the
noncompliance and its cause; the period of noncompliance, including exact dates and times), and if the noncompliance has not been
corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence
of the noncompliance. For noncompliance events related to combined sewer overflows, sanitary sewer overflows, or bypass events,
these reports must include the data described above (with the exception of time of discovery) as well as the type of event (combined
sewer overflows, sanitary sewer overflows, or bypass events), type of sewer overflow structure (e.g., manhole, combine sewer
overflow outfall), discharge volumes untreated by the treatment works treating domestic sewage, types of human health and
environmental impacts of the sewer overflow event, and whether the noncompliance was related to wet weather. As of December
21, 2025 or an EPA -approved alternative date (see 40 CFR 127.24(e) or (f)), all reports related to combined sewer overflows, sanitary
sewer overflows, or bypass events submitted in compliance with this section must be submitted electronically by the permittee to the
Director or initial recipient, as defined in 40 CFR 127.2(b), in compliance with this section and 40 CFR part 3 (including, in all cases,
subpart D to part 3), § 122.22, and 40 CFR part 127. 40 CFR part 127 is not intended to undo existing requirements for electronic
reporting. Prior to this date, and independent of 40 CFR part 127, permittees may be required to electronically submit reports related
to combined sewer overflows, sanitary sewer overflows, or bypass events under this section by a particular permit or if required to do
so by state law. The Director may also require permittees to electronically submit reports not related to combined sewer overflows,
sanitary sewer overflows, or bypass events under this section.
(ii) The following shall be included as information which must be reported within 24 hours under this paragraph.
(A) Any unanticipated bypass which exceeds any effluent limitation in the permit. (See § 122.41(g).
(B) Any upset which exceeds any effluent limitation in the permit.
(C) Violation of a maximum daily discharge limitation for any of the pollutants listed by the Director in the permit to be reported
within 24 hours. (See § 122.44(g).)
(iii) The Director may waive the written report on a case -by -case basis for reports under paragraph (I)(6)(ii) of this section if the oral
report has been received within 24 hours.
3. Part II, Section C.4(c), Prohibition of Bypass
"(1) Bypass from the treatment facility is prohibited and the Permit Issuing Authority may take enforcement
action against a Permittee for bypass, unless:
(A) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage;
(B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention
of untreated wastes or maintenance during normal periods of equipment downtime. This condition is not
satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering
judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive
maintenance; and
(C) The Permittee submitted notices as required under Paragraph b. of this section.
(2) Bypass from the collection system is prohibited and the Permit Issuing Authority may take enforcement
action against a Permittee for a bypass as provided in any current or future system -wide collection system
permit associated with the treatment facility.
(3) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse effects, if the
Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph c. (1) of this
section."
Facility has failed to prevent the bypass.

Town of Dallas staff responded to the bypass when found. Bypass was not caused by any actions of Town of Dallas
Water Treatment Staff. Water was being held due to the fact of not meeting regulations for permit. Storm Water
entering the Lagoon through back pond from snow melting in chemical containment area was causing the increased
level to overflow. No action would be taken that would endanger the environment or public health. All possible actions
were taken to stop the overflow. Initial overflow was stopped by opening the recirculation valve to the pre -
sedimentation basin. Actions continue to take place to confirm the bypass doesn't occur again.
• Chlorine Curve could not be found to show that it was complete. A Chlorine curve will be completed.
• Revised eDMRs for the change in the units and monitor future eDMRs to make sure all unit's match
• Drying beds have been budgeted for repair. We are getting timelines for repairs.
Regards,
Zack Foreman
Water Treatment Superintendent
Town of Dallas