NC0089109_NR NOV-2023-TX-0005_20230208

DocuSign Envelope ID: 92C29B5D-1172-4082-9007-216DEA5644AD
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
CERTIFIED MAIL: 7007 1490 0004 5533 8831
RETURN RECEIPT REQUESTED
Kobus De Wet
Befesa Zinc Metal, LLC
484 Hicks Grove Rd
Mooresboro, NC 28114
NORTH CAROLINA
Environmental Quality
February 8, 2023
SUBJECT: NOTICE OF VIOLATION: NR NOV-2023-TX-0005
Whole Effluent Toxicity (WET) Testing
NPDES Permit No. NC0089109/001
Befesa Zinc Metal, LLC
Rutherford County
Dear Permittee:
This is to inform you that the Aquatic Toxicology Branch, ATB, did not receive a signed DWR Form AT-3
toxicity report form for the month of October 2022. This is in violation of Title 15A of the North Carolina
Administrative Code, Chapter 2, Subchapter 2B, Section .0506 (b)(2) which states that "Monthly monitoring
reports shall be reviewed, compliance status determined, certified by signature, and submitted by the
following:
(A) for a corporation: by a responsible corporate officer. For the purpose of the Section, a responsible
corporate officer means:
(i) a president, secretary, treasurer or vice president of the corporation in charge of a principal business
function, or any other person who performs similar policy or decision -making functions for the corporation;
or
(ii) the manager of one or more manufacturing, production, or operating facilities, provided, the manager
is authorized to make management decisions which govern the operation of the regulated facility including
having the explicit or implicit duty of making major capital investment recommendations, and initiating and
directing other comprehensive measures to ensure long term compliance with environmental laws and
regulations; the manager can ensure that the necessary systems are established or actions taken to gather
complete and accurate information for permit application requirements; and where authority to sign
documents had been assigned or delegated to the manager in accordance with corporate procedures." 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 also 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 [phone] or Molly Nicholson at [phone].
Attachment
cc:
Sincerely, DocuSigned by,
144.001.
Cindy 1V isesEN 'Mi sfoxicology Branch Supervisor
Division of Water Resources, NCDEQ
Landon Davidson, ARO (via email: [e-mail])
Daniel Boss, ARO (via email: [e-mail])
ATB Enforcement File & Laserfiche
NORTH CARntnt En NA
o�mmoMm�.oenbnt.,i ou.mr
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

DocuSign Envelope ID: 92C29B5D-1172-4082-9007-216DEA5644AD
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
testing 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 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 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.
NORTH ntntE NA
oeperereM m Environmental Puenry
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