NC0020559_NC NOV-2022-TX-0076_20230106

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
CERTIFIED MAIL: 7007 1490 0004 5533 8602
RETURN RECEIPT REOUESTED
Terrell Blackmon, City Engineer
City of Henderson
PO Box 1434
Henderson, NC 27536-1434
NORTH CAROLINA
Environmental Quality
January 6, 2023
SUBJECT: NOTICE OF VIOLATION: NC NOV-2022-TX-0076
Whole Effluent Toxicity (WET) Testing
NPDES Permit No. NC0020559/001
Henderson Nutbush Cr WWTP
Vance County
Dear Permittee:
This is to inform you that a review of your toxicity self -monitoring report forms for October 2022 indicate a
violation of the toxicity limitation specified in your NPDES Permit.
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 of NPDES permit 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 Cindy Moore at
[e-mail].
Sincerely,
Cindy Moore, Aquatic Toxicology Branch Supervisor
Division of Water Resources, NCDEQ
Attachment
cc: Clark Thomas (via email: [e-mail])
Cheng Zhang, RRO (via email: cheng.zhang(,,ncdenr.gov)
ATB Enforcement File & Laserfiche
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North Carolina Department of Environmental Quality I Division of Water Resources Bio Lab
4401 Reedy Creek Road I 1621 Mail Service Center I 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 testing and reporting
information. Please take time to review this information. The items below do not address or include all the toxicity testine and
reporting requirements contained in your NPDES permit. If you should have any questions about your toxicity testing requirement,
please contact the Aquatic Toxicology Branch or Cindy Moore at [phone].
➢ 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 reuuirement.
➢ 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" fonn) must be submitted to the Aquatic Toxicity Branch via:
Email to: ATForms.ATB(a ncdenr.tov
—OR--
North Carolina Division of Water Resources
Water Sciences Section/Aquatic Toxicity Branch
1621 Mail 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 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 [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 first 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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North Carolina Department of Environmental Quality I Division of Water Resources I Bio Lab
4401 Reedy Creek Road I 1621 Mail Service Center I Raleigh. North Carolina 27699-1621
919.743.8400