NC0044440_NR NOV-2023-TX-0050_20230919

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

September 19, 2023

CERTIFIED MAIL: 7007 1490 0004 5533 5106
RETURN RECEIPT REQUESTED

Jeff Cash, City Manager
City of Cherryville
116 S Mountain St
Cherryville, NC 28021

SUBJECT: NOTICE OF VIOLATION: NR NOV-2023-TX-0050
Whole Effluent Toxicity (WET) Testing
NPDES Permit No. NC0044440/001
Cherryville WWTP
Gaston County

Dear Permittee:

This is to inform you that the Aquatic Toxicology Branch, ATB, did not receive your toxicity self-monitoring
report form for the month of June 2023 within 30 days after the reporting period. This is in violation of Title
15A of the North Carolina Administrative Code, Chapter 2, Subchapter 2B, Section .0506 (a)(1)(A) which
states that “monthly monitoring reports shall be filed no later than 30 days after the end of the reporting
period for which the report was made.” Please remember that reporting of toxicity self-monitoring data is a
dual requirement and per your permit, “All toxicity testing results required as part of this permit condition will
be entered electronically using the Division's eDMR system”, as well as “Completed Aquatic Toxi city Forms shall
be filed with the Water Sciences Section…”. Please be aware that North Carolina General Statutes provide
for assessment of civil penalties for violations of NPDES permit limitations and requirements.

Your permit states “Should the Permittee fail to monitor during a month in which toxicity monitoring is
required, monitoring will be required during the following month. Assessment of toxicity compliance is based on
the toxicity testing quarter, which is the three month time interval that begins on the first day of the month in
which toxicity testing is required by this permit and continues until the final day of the third month .”

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
Molly Nicholson at [e-mail] or 919-743-8440.

Sincerely,

Chris Johnson, Environmental Program Manager
Division of Water Resources, NCDEQ

Attachment
cc: Larry Wright (via email: [e-mail])
NCDEQ Mooresville Regional Office
ATB Enforcement File & Laserfiche

DocuSign Envelope ID: 4C744ECF-B8E9-4F12-B042-748D0F376F1B

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

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 testi ng 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 Molly Nicholson at [phone] 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 Wate r
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 firs t
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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