NC0024210_Follow-up to NOD-2022-TX-0002_20220705

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

July 5, 2022

Robby Stone, Director
City of High Point
PO Box 230
High Point, NC 27261-0230
SUBJECT: Follow-up correspondence regarding NOD-2022-TX-0002
Whole Effluent Toxicity (WET) Testing
NPDES Permit No. NC0024210/002
East Side WWTP
Guilford County

Dear Permittee:

This letter is in response to a phone call from Bill Frazier regarding the June 20, 2022, dated Notice of Deficiency
(NOD-2022-TX-0002) letter issued for the April 4, 2022, Whole Effluent Toxicity (WET) test report for the City of
High Point’s Eastside WWTP. The issued permit, NC0024210/002, for Eastside WWTP states that the sample for
the outfall 002 will be performed at the 85% Instream Waste Concentration (IWC). The 4/4/2022 test was
performed at a concentration of 90% and failed. Since the test was not performed at the permit indicated
percentage, ATB invalidated the test results and issued the NOD to document.

The Aquatic Toxicity Branch (ATB) has received multiple past sample reports in which the permitted protocols
were not followed:

 10/19/2020 – Incorrect outfall indicated on ATForm
 01/25/2021 – Incorrect number of test organisms used for control
 01/10/2022 – Incorrect outfall indicated on ATForm
 04/04/2022 – Incorrect effluent percentage used (Test failed – Invalidated & NOD issued)

NOD-2022-TX-0002 is not a non-compliance event. However, if the facility continues to submit reports in which the
permitted protocols are not followed an elevation to a notice of violation is possible for future incorrect protocols.

Current policies outline, if ATB receives two out of protocol permitted reports within a 12-month time frame, a civil
penalty can be assessed for non-compliance with permit requirements. The ORC should review all information on
the ATForm before signing and submitting to the state to ensure accurate data is being reported.

If it would be helpful to discuss this situation or possible solutions to resolve any effluent toxicity noncompliance,
please contact Zach Thomas at [e-mail] or Cindy Moore at [e-mail].

Sincerely,

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

cc: John Thomas, ORC (via email: [e-mail]); Bill Frazier ([e-mail])
Jenny Graznak, WSRO (via email: [e-mail]); ATB Enforcement File & Laserfiche
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