NC0023736_MV-2015-0021_20150721

AV ,
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory Donald R.van der Vaart
Governor Secretary
Certified Mail#7014 0510 0000 4466 2176
Return Receipt Requested
July 21,2015
RECE►VEDIDENR►DW
Monte L Wall,Plant Superintendent Treatment Wastewater 2 4 2015
City of Lenoir JUL
PO Box 958
Lenoir,NC 28645-0958 perm water
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute(G.S.) 143-215.1(a)(6)
and NPDES Permit No.NC0023736
City of Lenoir
Gunpowder Creek WWTP
Case No.MV-2015-0021
Caldwell County
Dear Permittee:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$425.26($266.00 civil penalty
+$159.26 enforcement costs)against City of Lenoir.
This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report
(DMR) submitted by City of Lenoir for the month of April 2015. This review has shown the subject facility to be in
violation of the discharge limitations and/or monitoring requirements found in NPDES Permit No. NC0023736. The
violations,which occurred in April 2015,are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that City of Lenoir violated the terms, conditions or
requirements of NPDES Permit No. NC0023736 and G.S. 143-215.1(a)(6) in the manner and extent shown in
Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty may be
assessed against any person who violates the terms, conditions or requirements of a permit required by G.S.
143-215.1(a).
Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the
Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water
Resources, I, G. Landon Davidson, Regional Supervisor, Asheville Regional Office hereby make the following civil
penalty assessment against City of Lenoir:
2090 U.S.70 Highway.Swannanoa,NC 28778
Phone:[phone] Internet:www.ncdent.gov<http://www.ncdenr.gov>
An Equal Opportunity`.Affirmative Action Employer-Made in part by recycled paper

$68.00 for 1 of the 1 failures to properly monitor CADMIUM in violation of NPDES Permit No.
NC0023736.
$79.00 for 1 of the 1 failures to properly monitor CYANIDE in violation of NPDES Permit No.
NC0023736.
$75.00 for 1 of the 1 failures to properly monitor TOTAL N - Conc in violation of NPDES Permit No.
NC0023736.
44.00 for 1 of the 1 failures to properly monitor TOTAL P - Conc in violation of NPDES Permit No.
NC0023736.
$266.09 , TOTAL CIVIL PENALTY
$159.26 Enforcement Costs
$425.26 TOTAL AMOUNT DUE
Pursuant to G.S. 143,215.6A(c), in determining the amount of the penalty.I have taken into account the Findings of Fact
and Conclusions of Law and the factors set forth at G.S. 143B-282.1(b),which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property
resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over which the Environmental
Management Commission has regulatory authority;and
(8) The cost to the State of the enforcement procedures.
Within thirty(30)days of receipt of this notice,you must do one of the following:
(1) Submit payment of the penalty, OR
(2) Submit a written request for remission,OR
(3) Submit a written request for an administrative hearing
Option 1: Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural Resources (do not
include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or
new violation(s). Please submit payment to the attention of:
NPDES Compliance/Enforcement Unit
Division of Water Resources
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
•
2

Option 2: Submit a written request for remission or mitigation including a detailed justification for such
request:
Please be aware that a request for remission is limited to consideration of the five factors listed below as they may
relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper
procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained
in the civil penalty assessment document. Because a remission request forecloses the option of an administrative
hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation
and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why
you believe the civil penalty should be remitted, and submit it to the Division of Water Resources at the address listed
below. In determining whether a remission request will be approved,the following factors shall be considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b)was wrongfully
applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental damage resulting from the violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator had been assessed civil penalties for any previous violations;or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions.
Please note that all evidence presented in support of your request for remission must be submitted in writing. The
Director of the Division of the Division of Water Resources will review your evidence and inform you of his decision
in the matter of your remission request. The response will provide details regarding the case status, directions for
payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee
on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that
was not part of the original remission request considered by the Director. Therefore, it is very important that you
prepare a complete and thorough statement in support of your request for remission.
In order to request remission, you must complete and submit the enclosed "Request for Remission of Civil Penalties,
Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty (30) days of receipt of this
notice. The Division of Water Resources also requests that you complete and submit the enclosed "Justification for
Remission Request."
Both forms should be submitted to the following address:
NPDES Compliance/Enforcement Unit
Division of Water Resources
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
1
3

Option 3: File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition for an
administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file
the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is
considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of
Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m.,
except for official state holidays. The petition may be filed by facsimile (fax) or electronic mail by an attached file
(with restrictions) - provided the signed original, one (1) copy and a filing fee (if a filing fee is required by NCGS
§150B-23.2) is received in the Office of Administrative Hearings within seven (7) business days following the faxed
or electronic transmission. You should contact the Office of Administrative Hearings with all questions regarding the
filing fee and/or the details of the filing process.
The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh,NC 27699-6714
Tel: [phone]
Fax: [phone]
One(1)copy of the petition must also be served on DENR as follows:
Mr. Sam M.Hayes,General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh,North Carolina 27699-1601
Please indicate the case number(as found on page one of this letter)on the petition.
Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal
date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for
collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations
that occur after the review period of this assessment.
•
4

If you have any questions, please contact Janet Cantwell with the Division of Water Resources staff of the Asheville
Regional Office at(828)296-4667 or via email at [e-mail].
Sincerely,
for S.Jay Zimmerman,P.G.
Director,Division of Water Resources,NCDENR
By G.Landon Davidson, Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources,NCDENR
ATTACHMENTS
Cc: WQS Asheville Regional Office-Enforcement File (w/attachments)
NPDES Compliance/Enforcement Unit-Enforcement File (w/attachments)
Central Files,Water Quality Section (w/attachments)
5

•
JUSTIFICATION FOR REMISSION REQUEST
•
Case Number: MV-2015-0021 County: Caldwell
Assessed Party: City of Lenoir
Permit No.: NC0023736 Amount Assessed: $425.26
Please use this form when requesting remission of this civil penalty. You must also complete the "Request For
Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of
this civil penalty. You should attach any documents that you believe support your request and are necessary for the
Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to
consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty
assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the
accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. §
143B-282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors apply.
Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of
supporting documents,as to why the factor applies(attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b) were wrongfully applied to
the detriment of the petitioner(the assessment factors are listed in the civil penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the
steps that you took to correct the violation and prevent future occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or
something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain
how payment of the civil penalty will prevent you from performing the activities necessary to achieve
compliance).
EXPLANATION:

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF CALDWELL
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
City of Lenoir )
Gunpowder Creek WWTP )
)
PERMIT NO.NC0023736 ) CASE NO. MV-2015-0021
Having been assessed civil penalties totaling $425.26 for violation(s) as set forth in the assessment document of the
Division of Water Resources dated July 21. 2015, the undersigned, desiring to seek remission of the civil penalty, does
hereby waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as
alleged in the assessment document. The undersigned further understands that all evidence presented in support of
remission of this civil penalty must be submitted to the Director of the Division of Water Resources within thirty (30) days
of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after (30) days
from the receipt of the notice of assessment.
This the day of ,20
SIGNATURE
ADDRESS
TELEPHONE

ATTACHMENT A
City of Lenoir
CASE NUMBER: MV-2015-0021
PERMIT: NC0023736 FACILITY: Gunpowder Creek WWTP COUNTY: Caldwell REGION: Asheville
•
Monitoring Violations
MONITORING OUTFALL/ VIOLATION UNIT OF CALCULATED %OVER
PENALTY REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE LIMIT VIOLATION TYPE
$68.00 4-2015 001 Effluent CADMIUM 4/30/15 Monthly ug/I Frequency Violation
$79.00 4-2015 001 Effluent CYANIDE 4/30/15 Monthly ug/I Frequency Violation
$75.00 4-2015 001 Effluent TOTAL N-Conc 4/30/15 Monthly mg/I Frequency Violation
$44.00 4-2015 001 Effluent TOTAL P-Conc 4/30/15 Monthly mg/I Frequency Violation

DIVISION OF WATER RESOURCES-CIVIL PENALTY ASSESSMENT(FILE)
Violator: Gunpowder Creek / NC0023736
(April 2015 DMR)
County: Caldwell
Case Number: MV-2015-0021
8 ASSESSMENT FACTORS
As required by G.S. 143-214.6A(c),in determining the amount of the penalty I considered the factors
set out in G.S. 143B-282.1(b),which are:
1) The degree and extent of harm to the natural resources of the State,to the public health,or to
private property resulting from the violation;
Potential violations may not be revealed with"Failure to Monitor."
2) The duration and gravity of the violation;
Total Cadmium,Total Cyanide,Total Nitrogen and Total Phosphorus were not
monitored Monthly per the requirements of the NPDES permit.
3) The effect on ground or surface water quantity or quality or on air quality;
Potential violations may not be revealed with "Failure to Monitor."
4) The cost of rectifying the damage;
The cost is unknown.
5) The amount of money saved by noncompliance;
The amount of money saved would include the cost of the collection of the
samples and the cost of analyzing them at a certified lab.
6) Whether the violation was committed willfully or intentionally;
It does not appear to be either.
7) The prior record of the violator in complying or failing to comply with programs over which
the Environmental Management Commission has regulatory authority;and
There has been one civil penalty enforcement in the twelve months prior to this
violation.
8) The cost to the State of the enforcement procedures.
$159.26.
Cr?. 2_ • 24.1 Thka
Date G.Landon Davidson,Regional Supervisor
Water Quality Regional Operations Section
07/21/2015 Asheville Regional Office, NCDENR

• if / -
EFFLUENT •
NPDES PERMIT NUMBER: NC0023736 DISCHARGE NUMBER: 001 MONTH: April YEAR: 2015
FACILITY NAME: GUNPOWDER CREEK WWTP CLASS: III COUNTY: CALDWELL
CERTIFIED LABORATORY(1)LOWER CREEK WWTP LAB CERTIFICATION NUMBER: 71
(additional laboratories on the backside/page 2 of this form)
OPERATOR IN RESPONSIBLE CHARGE: MR.MONTE L.WALL GRADE: IV CERTIFICATION 4488
PERSON(S)COLLECTING SAMPLES: LABORATORY STAFF ORC PHONE: [phone]�j�i9 Ni j g11S
CHECK BLOCK HERE IF ORC HAS CHANGED: [ ] 0 FLOW/DfSCHARGE"FRC3MTHIS SITE* [ ]
MAIL ORIGINAL AND ONE COPY TO: DJ x ' 5/29/2015
ATTENTION: CENTRAL OFFICE (Signat•re of 0 era esponsibl Charge) DATE
N.C. DIVISION OF WATER RESd,$CE S3 ?.01r3'
1617 MAIL SERVICE CENTER BY THIS SIGNATURE, I CERTIFY THAT THIS REPORT IS ACCURATE AND
RALEIGH,NORTH CAROLINA 27699-1617 COMPLETE TO THE BEST OF MY KNOWLEDGE.
50050 00010 00400 50060 00310 00610 00530 _ 31613 0000 I 00625 00600 00665
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DATE adv az 0 < W w I WI 2 �= ODW wOww _ x -, - �-
O < C' 00 ow H a aU < z i- uoit u- U000 * YZ .
HOURS HOURS Y/N MGD °C s.u. pg/I mg/I mg/I mg/I #/100m1 mg/I mg/I mg/I mg/I
1 1030 12 Y 0.764 14.9 6.8 23 10 < 0.25 13 6 8.9
•
2 1030 12 Y 0.804 14.7 6.9 22 14 3.65 35 3 9.0 we
3 1030 12 H 0.861 36
4 1030 12 N 0.774 42
5 1030 12 N 0.778 38 _ ,•
6 1030 12 Y , 0.804 14.5 6.8 <20 5.9 1 0.34 7.8 < 1 9.4
7 1030 12 Y 0.798 15.2 6.4 <20 8.9 1 1.56 8.9 L. =�
8 1030 12 Y 0.953 15.8 6.9 <20 11 1 1.20 15 4 9.0 f-1.;3'7 i 1_.:, "z C.Li
9 1030 12 Y 0.792 16.6 6.6 <20 5.0 1.6 1.38 10 < 1 8.8
10 1030 12 Y 0.787 16.6 6.8 21 9.5 1,6 1.56 23 6 8.6 JI.)NI- $ 5 Mi.
11 1030 12 N 0.759 <20
12 1030 12 N 0.771 <20 .e .,
•
13 1030 12 Y 0.801 15.7 7.1 34 4.7 0.60 7.4 4 8.2
14 1030 12 Y 0.880 16.6 7.0 30 9.8 0.93 16 3 8.6
15 1030 12 Y 1.028 18.5 6.7 26 7.1 1.76 12 1 8.9 _ ' a'I
16 1030 12 Y 2.188 15.0 6.6 42 16 2.95 11 > 240 8.9 Les •
17 1030 12 Y 1.563 15.2 6.8 28 13 0.56 7.4 4 9.0 i ILI}�� 11111111i. 7b- '
18 1030 12 _ N 1.054 30
19 1030 12 N 0.967 41 _ 1•i I. ...
20 1030 12 Y 5.248 15.6 6.8 48 27 4 1.21 32 15 8.5 U. • n�
21 1030 12 Y 2.149 15.4 6.7 28 6.2 1.12 7.8 23 8.8 i.L1 L '
22 1030 12 Y 1.248 16.4 6.5 30 < 2.0 4 1.24 14 < 1 9.0 ;
23 1030 12 Y 0.985 16.5 6.6 32 4.8 1.09 11 < 1 8.7 a
24 1030 12 Y 0.962 15.0 6.9 <20 5.2 1.67 6.0 26 9.1
25 1030 12 N 0.827 20 L , •
•
26 1030 12 N 0.891 39
27 1030 12 Y 1.024 15.4 7.3 28 5.3 2.13 8.7 < 1 8.7
28 1030 12 -' Y 0.992 20.2 6.8 <20 14 6.54 11 < 1 8.8
29 1030 12 Y 1.021 16.1 6.9 <20 9.2 7.56 12 < 1 8.6
30 1030 12 Y 0.950 21.1 6.8 46 5.2 7.88 11 4 8.7
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rr�... 9� :� � 3.f .�afl� '���$�:�.
MONTHLY MAXIMUM 5.248 21.1 7.3 48 27 7.88 35 240 59.4
1 v Y 1 ra.f a a :1 ' Vic. :2 �+ra r cam 'm ax r. ';`9£ ..� IEt1
`�,�?�.-"i�r cwa`�-�`:�`i��it;�.�'�i�AV i l"Y..��".�il•':�. lat.°::.. �1��.'� .� �v�n.,E.uu'�•,�.. 3. .w=�_.�.> ,S�w '.`�r?.��t .;7 a° ,.e,.�, . t J...�.
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< ."- WIM Qom...,% t'Z-a ., , ;s. . �, atilt" �;r* �`y z'`;`" ,A.?
WEEKLY PERMIT LIMIT (D.Max) 45 15.0 70 1,000
@ Averages for parameters with values below detection limit of test(BDL)computed using BDL=0; for Fecal Coliform,G.M.computed using BDL=1.
**** Any entered flags indicate that not all BOD QC criteria were met: This does not necessarily mean that the data are invalid.
Codes: 1)DW Blank depletion greater than 0.2 mg/I. 2)Seed control depletion less than 2 mg/I or final D.O.less than 1 mg/I. 3)All sample
depletions are less than 2 mg/I. 4)All final D.O.readings less than 1 mg/I. 5)Evidence of toxicity in samples(BOD decreases with concentraton).
�..., 6)Glucose I glutamic acid standard outside of 167.5 to 228.5 mg/I range.
# Sampling for these parameters were missed;two samples will be collected in May 2015. NOTE: SOC limits were in effect on October 1,2013
q sem/WV /5--_411/---6090/Z,4);$-- ,w- zo, --' 0 6 Z-/

.
-
•
Facility Status:(Please check one of the following)
All monitoring data and sampling frequencies meet permit requirements X
(including weekly averages,if applicable)
Compliant
All monitoring data and sampling frequencies do NOT meet permit requirements
Noncompliant
Thepermittee shall report to the Director or theappropriate Regional Office any noncompliance that potentiallythreatens public
health or the environment. Any information shall be provided orally within 24 hours from the time thepermitteebecame aware of the
circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the
circumstance's.
If the facility is noncompliant,please attach a list of corrective actions being taken and a time-table for improvements to be
made as required by Part II.E.6 of the NPDES permit.
"I certify,under penalty of law,that this document and all attachments were prepared under my direction or supervision in accordance
with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my
inquiry of the person or persons who managed the system,or those persons directly responsible for gathering the information,the
information submitted is,to the best of my knowledge and belief;true,accurate,and complete. I am aware that there are significant
penalties for submitting false information,including the possibility o es an, imitiso 1, °rem/441t , .;011S."
l fJ;
49Permittee (Please print or type)
1, �j! 4 // 5-29
S' of P r- *** Date
(Required unless submitted electronically)
X19
Ci ofLenoir,P.O.Box 958,Lenoir NC 28645 828 757-2198 mlwaII4-2ci. =n.'r.nc.us 3/31/2019 .441
Permittee Address Phone Number e-mail address Permit Expiration Date
}
ADDITIONAL CER 1 IFI D LABORATORIES
Certified Laboratory(2) Blue Ridge Labs(metals,CN) Certification No. 275
Certified Laboratory(3) Pace Analytical(As,Pb,Se) Certification No. 67
Certified Laboratory(4) ETT Environmental(Chronic Bioassays) Certification No. SC00505(EPA labcode)
Certified Laboratory(5) Environment 1,Inc.(Hg 1631) Certification No. 243
PARAMETER CODES 1
Parameter Code assistance maybe obtained by calling the NPDES Unit at(919)733-5083 or by visiting the Surface Water Protection 1
Section's web site at h2o.enr.state.nc.us/wgs and linking to the unit's information pages. .
Use only units of measurement designated in the reporting facility's NPDES permit for reporting data.
* No Flow/Discharge From Site: Check this box if no discharge occurs and,as a result,there are no data to be j
entered for all of the parameters on the DMR for the entire monitoring period.
** ORC On Site?: ORC must visit facility and document visitation of facility as required per 15A NCAC 8G.0204. -
***Signature of Permittee: If signed by other than the permittee,then the delegation of the signatory authority must be on a
file with the state per 15A NCAC 2B.0506(bx2)(D).
III1. 1

(0..F.:ez,
EFFLUENT
•
NPDES PERMIT NUMBER: NC0023736 DISCHARGE NUMBER: 001 MONTH: April YEAR: 2015
FACILITY NAME: GUNPOWDER CREEK WWTP COUNTY: CALDWELL
TGP3B 00094 01077 01002 01027 01034 01042 71900 01062 01067 01051 01147 01092 00720
U )- U * * * **
z i D
U m0 Ag As Cd:'1 Cr Cu Hg 1631 Mo Ni Pb Se Zn CN
DATE Pass/Fail_umho/cm pg/I pg/I - pg/I pg/I pg/ p911 N9/_ N98 , N98 _ mon II 1 N98 , ,
1 240
2 247 < 1 x 21 86 -x
3 r
4
5
6 236
7 255
8 259
- 236 _
9 _
1-
10 265
11
12
13 290
14 275
15 209
16 200
17 184 _
18
19
20 124
21 176
22 183 _
23 188
24 207
25 '
1 `
26
27 261
28 307
29 356 PIT
—
30 319
MONTHLY AA'E @ -239 .... ? 86
MON i til_Y rx,x!muM 356 < 1 21 86
dIINIMUiVI 124' $.",---:;, `:1 • = 21 , 86 `-
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ALLY MAXIMUM P MIT LIMIT`T s . ., ._.._�_.,� .�..-,_ 1-...." . L ._ _..,:.,';r
,._ u_.x„_. _.-. 27 0 ▪ -may.,. _� _. . L,�_ 39 0
MONTHLY AVERAGE PERMIT LIMIT 4.0 10.0
Averages for parameters with values below detection limit of test(BDL)computed using BDL .
* Testing for these parameters were performed by Blue Ridge Labs,P.O.Box 2940,Lenoir,NC 28645
C:87 Due to collection!r,these parameters were not tested during the month. An extra sampling will be done in June 2015.

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