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HomeMy WebLinkAboutNC0068888_DV-2007-0028_20080212 c)F W A T�RQ Michael F.Easley,Governor -9 G William G.Ross Jr.,Secretary 7 North Carolina Department of Environment and Natural Resources Coleen H.Sullins,Director Division of Water Quality February 12, 2008 CERTIFIED MAIL 7002 0510 0000 5461 6140 RETURN RECEIPT REQUESTED Mr. Steve Miller, Town Manager Town of Dallas 210 North Holland Street Dallas, NC 28034 SUBJECT: Assessment of Civil Penalties NPDES Permit NC0068888 Town of Dallas WWTP Case Number DV-2007-0028 Gaston County Dear Mr. Miller: This letter transmits notice of a civil penalty assessed against the Town of Dallas in the amount of $10,448.74, including $448.74 in enforcement costs. Attached is a copy of the assessment document explaining this penalty. This action was taken under the authority vested in me pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources. Any continuing violation(s) may be the subject .f a new enforcement action, including an additional penalty. Within thirty days of receipt of this notice, you must do one of the following: 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: Point Source Branch Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 OR No'thCarolina ,Naturally North Carolina Division of Water Quality 1617 Mail Service Center Raleigh,NC 27699-1617 Phone(919)733-7015 Customer Service Internet: www.ncwatcrquality.org Location: 512 N.Salisbury St. Raleigh,NC 27604 Fax (919)733-2496 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF GASTON IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND TOWN OF DALLAS ) STIPULATION OF FACTS NPDES PERMIT NC0068888 FILE NO. DV-2007-0028 Having been assessed civil penalties totaling$10,448.74 for violation(s) as set forth in the assessment document of the Division of Water Quality dated February 12, 2008, the undersigned, desiring to seek remission of the civil penalties, 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 Quality within 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 , 200_. BY ADDRESS TELEPHONE 2. Submit a written request for remission 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 Quality 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) were wrongfully applied to the detriment of the violator; (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 has 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 Quality 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 Quality also requests that you complete and submit the enclosed"Justification for Remission Request." Both forms should be submitted to the following address: Point Source Branch Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 OR 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 original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed- provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Telephone (919) 733-2698 Facsimile: (919)733-3478 A copy of the petition must also be served on DENR as follows: Ms. Mary Penny Thompson, Registered Agent DENR 1601 Mail Service Center Raleigh, NC 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. If you have any questions, please contact me at (919) 733-5083, extension 547, or via e-mail at bob.sledge@ncmail.net. Sincerely, Robert L. Sledge attachments cc: Mooresville Regional Office—SWP Section NPDES Unit -Enforcement File Central Files JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: DV-2007-0028 County: Gaston Assessed Party: Town of Dallas Permit Number: NC0068888 Amount Assessed: $10,448.74 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 applies. 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 NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF GASTON File No.DV-2007-0028 IN THE MATTER OF ) THE TOWN OF DALLAS ) ) FINDINGS AND DECISIONS FOR VIOLATIONS OF: ) AND ASSESSMENT OF NPDES PERMIT NC0068888, AND ) CIVIL PENALTIES 15A NCAC 2B .0211(3)(b) ) Acting pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality (DWQ), I, Robert L. Sledge, make the following: I. FINDINGS OF FACT: A. The Town of Dallas is a municipality organized and existing under the laws of the State of North Carolina. B. The Town of Dallas operates the 0.6 MGD Dallas Wastewater Treatment Plant located in the Town of Dallas, in Gaston County, North Carolina. C. The Town of Dallas was issued NPDES Permit No. NC0068888 on August 23, 2005 (effective October 1, 2005, with an expiration date of January 31, 2010)for the treatment of wastewater and the discharge of treated wastewater to Dallas Branch, class C waters of the State in the Catawba River Basin. D. Part H, Section C (2)of the NPDES Permit states, in part, that "The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this permit. E. Part H, Section C (6)of the NPDES Permit states in part that: "Solids, sludges filter backwash or other pollutants removed in the course of treatment or control of wastewaters shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant from entering the waters of the State." F. 15A NCAC 2B .0211(3)(b) establishes the water quality standard for Dissolved Oxygen in Class C waters, stating that for non-trout waters, that dissolved oxygen shall not be less than a daily average of 5.0 mg/L with a minimum instantaneous value of not less than 4.0 mg/L. Town of Dallas PC-2007-0028,p.2 G. On August 30, 2007, Mr. Jim Fisher and Mr. Sam Whitaker of the Division of Water Quality discovered a sludge spill in Dallas Branch at SR 2275 while sampling Dallas Branch for a Watershed Stressor study. Mr. Fisher and Mr. Whitaker subsequently visited the Dallas WWTP, which was upstream from the sludge spill location, and discovered that wastewater and sludge were being discharged from the facility. Sludge was observed spilling over the weir of the clarifier, flowing from there to the outfall line and into the receiving stream via the effluent pipe. At the time of this event, WWTP personnel were pumping the contents of one of the WWTP's two units (which was out of service) to the other, active unit. H. Mr. Fisher and Mr. Mr. Whitaker conducted an investigation into the extent of the sludge spill and the impact to Dallas Branch. Sludge was found in Dallas Branch at SR 2275 approximately 0.5 miles downstream of the WWTP. The dissolved oxygen concentration in Dallas Branch was 0.3 mg/L at this location. I. Sludge was found in Long Creek at NC Hwy. 279 downstream of its confluence with Dallas Branch, approximately 0.6 miles from the WWTP. The dissolved oxygen concentration in Long Creek was 0.0 mg/L at this location. J. No sludge was found in Dallas Branch at the upstream sampling site for the WWTP. The dissolved oxygen concentration in Dallas Branch was 7.5 mg/L at this location. K. Since February 2003, the Town of Dallas has been assessed penalties totaling $30,254.51, in the matters of twenty-six enforcement actions associated with the performance of the Town of Dallas WWTP and its compliance with the terms of the NPDES permit. L. The costs to the State for the investigation and enforcement procedures in this matter totaled$448.74. Based upon the above Findings of Fact, I make the following: H. CONCLUSIONS OF LAW: A. The Town of Dallas is a"person" within the meaning of G.S. 143-215.6A pursuant to G.S. 143-212(4). B. NPDES Permit NC0068888 is required by NCGS 143-215.1. C. The conditions within the subject permit regarding the proper operation of the wastewater treatment plant and those regarding removal of solids and sludges, are terms, conditions, or requirements of said permit. Town of Dallas PC-2007-0028,p.3 D. Dallas Branch constitutes waters of the State within the meaning of G.S. 143- 215.1(a)(1)pursuant G.S. 143-212(6). E. 15A NCAC 2B .0211(3)(b) is a water quality standard established pursuant to G.S. 143-214.1. F. The conditions observed at the Town of Dallas wastewater plant on August 30, 2007 constituted a failure to properly operate and maintain systems of control, in violation of Part II, Section C (2) of NPDES Permit NC0068888. G. The Town of Dallas violated Part II, Section C (6) of NPDES Permit NC0068888 on August 30, 2007 by failing to properly dispose of solids and by discharging sludge into waters of the State. H. General Statute 143-215.6A (a)(2)provides that a civil penalty of not more than twenty-five thousand dollars per violation may be assessed against a person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit required by G.S. 143-215.1. I. The Town of Dallas violated 15A NCAC 2B .0211(3)(b)by creating conditions that caused the dissolved oxygen in Dallas Branch and Long Creek to drop below 5.0 mg/L, the dissolved oxygen water quality standard for class C waters. J. General Statute 143-215.6A(a)(1) provides that a civil penalty of not more than twenty-five thousand dollars per violation may be assessed against a person who violates any classification, standard, limitation, or management practice established pursuant to G.S. 143-214.1. K. The State's enforcement costs in this matter may be assessed against The Town of Dallas pursuant to G.S.143-215.3 (a)(9) and G.S. 143B-282.1(b)(8). L. Robert L. Sledge, pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality has the authority to assess civil penalties in this matter. Based upon the above Findings of Fact and Conclusions of Law, I make the following: Town of Dallas PC-2007-0028,p.4 III. DECISION: The Town of Dallas is hereby assessed a civil penalty of: $ T 000. D0 For one violation of Part II, Section C (2)of NPDES Permit NC0068888, by failing to properly operate and maintain the wastewater treatment plant on August 30, 2007. $ 2 500. 00 For one violation of Part II, Section C (6) of NPDES Permit NC0068888, by permitting sludge to enter waters of the State on August 30, 2007. $ 000. 00 For one violation of 15A 2B .0211(3)(b), the water quality standard for dissolved oxygen, on August 30, 2007. $ /0, 000. 00 TOTAL CIVIL PENALTY $ 448.74 Enforcement Costs $ 487q. 7171 TOTAL AMOUNT DUE As required by G.S. 143-215.6A(c), in determining the amount of the penalty I have considered the factors listed 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; (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; (8) The cost to the State of the enforcement procedures. /2 2 /200 . ` XP-/ty, / (Date) Robert L. Sledge Division of Water Quality DIVISION OF WATER QUALITY -CIVIL PENALTY ASSESSMENT Violator: Town of Dallas WWTP County: Gaston Case Number: DV-2007-0028 ASSESSMENT FACTORS 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; /� /, I / J �X,t+c�I/ ,« .S/4>-<,fv -� t1nz<,t' L�A/6 /��.,4/.9.�C�c�f�e c-��. 6.o _2[, �e�a,e �.cc,.:.� ns�� c-wy CA- ./ �'.tt..n/ -(ajj��_,,„ t.Hajt J21I 2 lit"- JGt /,76:4,4„...../ j(} I/Ve/J/cz.,..N ev4/�i.sp, 1(66 I ,u. C ,+ .�5e sec .i...i N-ue%V ) �We>A el L z.aLi 4,,,,,/ ...kpa.c. , (Z,uA LC .z[?..., Y ./ Ywlt 1-,,,/�„.t{R, 2) The duration and gravity of the violation;S f / rf � f c%.�..te Le, �241 1 4a �kk P1 �:w�6 .ca✓.1 S /112:1. _ 1 1 'ha( 4 I 666 ✓ J 6,4 .W ZA,.t aut 'ha(4 /v.c21 S Lj/0-• 1 I, c l'.,al, 3) j� /The effect on ground or surface/ water quantity0. 1„, or quality or on� air® quality; l �/ 0, yf, ` ,,,,(N 3.s BCc,it.42 .„„s„.,,,,...,41 . , V. 1,A. Ak ly (�.d.?4,1 J `t Ml L ti. 4) The cost oflf rectifying the damage; ///999 //q 4,1 / IL A.k .L v:-9[/Ii..Y JO-1 ,(9-.1x0 v.etA -!.td+� f�iV e H._ (i,j CL, u�c5.,51:24j (XG'0,,rY ,1,,i+. 1,4, 4.,,,A. .2...J.,- , A4 la A.,.../ c4-7(..., ().94,,,,:6117 ,..). ill) V, 9-",i,rik. . 5) The amount of money saved by noncompliance; C04 6 !L/JI C CA.r 6 i w:cif', /....y, /g4,,6'INC 4/U: ^�C 51 j:2 1 .02 c G7 r ,j �i 4 ii • 6l / 1,4 lure fat Lt[t7/diti:. 6) Whether the violation was committed willfully or intentionally; / / V J-/S {Pl2la C+, iie, _ fr..( 1 C'' .3 SLA ci.4 a i�LeVe 6.C/2d47/ ( day eSt• 7) 'l'he prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority;and /t" 2A"" 14=141.s -.b et czmaj C 4-+-1_24 lie ./,aelisrki 1<t AyDC' S/„., . 8) The cost to the State of the enforcement procedures. bac. �� 0616 e/ /� 8. 2 V.,.., c . (1P/'�"'a,�,) c4-9 : �.�E i f ,. 7 j .Z.,-,0,- ..5 tk.cti j t f 2//a/.106F �, �C, or. J/„.. Date Rob t L.Sledge Town of Dallas PC-2007-0028,p.4 o • Fn 1 III. DECISION: ,, �r (LC) The Town of Dallas is hereby assessed a civil penalty of: +at , 4 $ 8.000.00 For one violation of Part II, Section C (2)of NPDES Permit NC0068888, by failing to properly operate and maintain the wastewater treatment plant on August 30, 2007. elf 2 $ 1,000.00 For one violation of Part II, Section C (6)of NPDES Permit NC0068888, by permitting sludge to enter waters of the State on August 30, 2007. PY $ 1.000.00 For one violation of 15A 2B .0211(3)(b), the water quality standard for dissolved oxygen, on August 30, 2007. $ TOTAL CIVIL PENALTY $ 448.74 Enforcement Costs $ TOTAL AMOUNT DUE As required by G.S. 143-215.6A(c), in determining the amount of the penalty I have considered the factors listed 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; (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; (8) The cost to the State of the enforcement procedures. (Date) Susan A. Wilson, Supervisor NPDES Western Unit Division of Water Quality Table B-15 Summary of Use Support Ratings by Use Support Category in Subbasin 03-08-36 Use Support Aquatic Fish Water Rating Life Consumption Recreation Supply Monitored Waters Supporting 17.2 mi 0 0 0 Impaired 0 0 0 0 Not Rated 0 0 15.3 mi 0 Total 17.2 mi 0 15.3 mi 0 Unmonitored Waters Supporting 0 0 0 19.5 mi Impaired 0 55.9 mi 0 0 Not Rated 0 0 0 0 No Data 38.7 mi 0 40.6 mi 0 Total 38.7 mi. 55.9 mi 40.6 mi 19.5 mi Totals All Waters 55.9 mi 55.9 mi 55.9 mi 19.5 mi Note: All waters include monitored,evaluated and waters that were not assessed. 7.3 Status and Recommendations of Previously and Newly Impaired Waters The following waters were identified in the 1999 basin plan as Impaired or arc newly Impaired based on recent data. The current status and recommendations for addressing these waters are presented below. These waters are identified by assessment unit number(AU#). Refer to the overview above for more information on AUs. 7.3.1 Dallas Branch [AU# 11-129-16-7b1 Current Status and 2004 Recommendations Dallas Branch is a tributary to Long Creek and the 0.8-mile segment from the Dallas WWTP (NC0068888) to Long Creek was listed as Impaired in the 2002 Integrated 305(b) and 303(d) Report due to municipal point source discharges. The Dallas WWTP has had compliance issues with quarterly chronic toxicity and weekly fecal coliform limits. Effluent chlorine values are elevated at times. In response, the facility has recently added a dechlorination system. Upon permit renewal in 2005, a total residual chlorine limit will be added. Upon inspection in October 2003, the plant was meeting its permit requirements and appeared to be well maintained. DWQ will resample this stream once the chlorine limit is in place. Section B: Chapter 7—Catawba River Subhasin 03-08-36 171 Catawba River Basin South Fork of the Catawba River 8-Digit Subbasin 03050102 Assessment Unit Number Name Use Use Description Support Support Reason for Parameter of ('ollection Listing IR Classification DWQ Subbasin Miles'Acres Watershed(s) Category Rating Rating Interest Year Year Category 11-129-16-7b Dallas Branch 030501020604 Aquatic Life Impaired Biological Criteria Ecological/biological Integrity 1992 1998 5 Exceeded Benthos From Dallas WWTP to Long Creek C 03-08-36 0.8 FW Miles 11-129-3-(0.7) Pott Creek 03 0501 02 03 02 Aquatic Life Impaired Biological Criteria EcologicaUbiological Integrity 2006 2008 5 Exceeded • FishCom From a point 0.3 mile upstream of Lincoln County SR 1217 to South Catawba Fork River \VS-IV 03-08-35 3.2 FW Miles 11-129-5-(0.3)b Clark Creek(Shooks Lake) 030501020401 Aquatic Life Impaired Biological Criteria Ecological/biological Integrity 2000 1998 5 From Miller Branch to 0.9 mile upstream of Walker Creek 030501020403 Exceeded Benthos C 03-08-35 16.6 FW Miles 11-129-5-(9.5) Clark Creek 030501020403 Aquatic Life Impaired Standard Violation Turbidity 2006 2008 5 From a point 0.9 mile upstream of Walker Creek to South Fork Catawba R. WS-IV 03-08-35 1.8 FW Miles 11-129-5-7-2-(l) Maiden Creek 030501020402 Aquatic Life Impaired Biological Criteria Ecological/biological Integrity 2002 2006 5 Exceeded Benthos From source to a point 0.7 mile upstream from backwaters of Maiden Reservoir WS-11;1QW 03-08-35 4.9 FW Miles 11-129-8-(6.5) Indian Creek 030501020502 Aquatic Life Impaired Biological Criteria Ecological/biological Integrity 2006 2006 5 Exceeded FishCom Front a point 0.3 mile upstream of Lincoln County SR 1 169 to South Fork Catawba River Aquatic Life Impaired Biological Criteria Ecological/biological Integrity 2006 2006 5 Exceeded Benthos WS-IV 03-08-35 6.0 FW Miles Catawba River Basin 8-Digit Subbasin 03050103 11-(123.5)b CATAWBA RIVER(Lake Wylie Aquatic Life Impaired Standard Violation Turbidity 2006 2008 5 South FK Catawba Arm)North Carolina portion South Fork Catawba River Arm of Lake Wyly WS-V,B 03-08-34 1,291.0 FW Acres B. Draft 2008 303(d) List-Integrated Report Category 5 Version-20080107 Page 25 of 96 1 DIVISION OF WATER QUALITY MEMORANDUM TO: Bob Sledge FROM: Robert B. Krebs II " i' DATE: January 2, 2008 PREPARED BY: Marcia Allocco SUBJECT: Enforcement (DV-2007-0028) Violations of G.S. 143-215.1(a)(6), 15A NCAC 2B .0211(2) and 15A NCAC 2B .0211 (3)(b) The Town of Dallas Dallas WWTP Gaston, NC Attached is an enforcement report, which details a violation of G.S. 143-215.1(a)(6), 15A NCAC 2B .0211(2) and 15A NCAC 2B .0211 (3)(b). Also enclosed is MRO's NOV/NRE, the complaint made by the Environmental Sciences Section which found the sludge spill, the 5-day report regarding the WWTP bypass, and the Dallas WWTP ORC NOV/NRE response. Based upon our review of the responses, etc., an enforcement action is still recommended. If you have questions or require additional information, please contact Marcia or me. Attachments MAA CERTIFICATION PAGE I certify that the information in this report is true to the best of my knowledge. All violations of self-monitoring data (if applicable) have been verified by hard copy review of the monthly reports and the appropriate permit. Signature of Principle Investigator(s): c- \ Marcia Allocco, Environmental Chemist 1 ,1 ,;1 Date: DIVISION OF WATER QUALITY ENFORCEMENT CASE ASSESSMENT FACTORS Type: (DV) Discharge Violation (DV-2007-0028) Violator: The Town of Dallas Responsible Official: Steve Miller, Town Manager Address: 210 North Holland Street Dallas, North Carolina 28034 Facility: Dallas WWTP NPDES Permit NC0068888 Regional Office: Mooresville 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 violations: On August 30, 2007, Mr. Jim Fisher and Mr. Sam Whitaker of the Division of Water Quality discovered a sludge spill in Dallas Branch at SR 2275 while sampling Dallas Branch for a Watershed Stressor study. Mr. Fisher and Mr. Whitaker subsequently visited the Dallas WWTP, which was upstream from the sludge spill location and discovered that wastewater and sludge were being discharged from the facility. Mr. Fisher and Mr. Whitaker conducted an investigation to determine the extent of the sludge spill and any impacts to waters of the State. The investigation by Mr. Fisher and Mr. Whitaker found the following: • Sludge was found in Dallas Branch, a class C water in the Catawba River basin, at SR 2275 approximately 0.5 miles downstream of the WWTP. The dissolved oxygen concentration in Dallas Branch was 0.3 mg/L at this location. • Sludge was found in Long Creek, a class C water in the Catawba River basin at NC Hwy. 279, downstream of the confluence with Dallas Branch and approximately 0.6 miles from the WWTP. The dissolved oxygen concentration in Long Creek was 0.0 mg/L at this location. • No sludge was found in Dallas Branch at the upstream sampling site for the WWTP NPDES permit. The dissolved oxygen concentration in Dallas Branch was 7.5 mg/L at this location. • No sludge was found in Long Creek at Dallas-Spencer Mountain Road. The dissolved oxygen concentration in Long Creek was 6.3 mg/L at this location. 2. The duration and gravity of the violations: The sludge spill at the Dallas WWTP occurred on August 30, 2007, and was found at 11:30 am by Mr. Fisher and Mr. Whitaker of the Division of Water Quality. The 5-day report submitted on September 6, 2007, by the Operator in Responsible Charge (hereinafter ORC) stated that the sludge discharge did not end until 4:30 pm. No estimate of the volume of sludge released from the Dallas WWTP was made in the 5-day report. The ORC also stated in the 5-day report that WWTP personnel had checked Dallas Branch and there seemed to be no solids accumulation. However, no dissolved oxygen measurements were taken to verify the impacts to Dallas Branch and Long Creek had ceased. 3. The effect on ground or surface water quantity or quality or on air quality: The dissolved oxygen concentration in Dallas Branch was decreased from 7.5 mg/1 at the upstream sampling location (as specified in NPDES permit NC0068888) to 0.3 mg/1 at the downstream sampling location (as specified in NPDES permit NC0068888). The sludge spill also impacted Long Creek as the dissolved oxygen concentrations was measured at 0.0 mg/1 downstream of the confluence with Dallas Branch and approximately 0.6 miles from the Dallas WWTP effluent discharge. 4. The cost of rectifying the damage: Personnel at the Dallas WWTP did not take any steps to rectify the damage. 5. The amount of money saved by noncompliance: The Town of Dallas saved money equivalent to the cost of pumping and removing the sludge from the treatment process. 6. Whether the violations were committed willfully or intentionally: The sludge spill at the Dallas WWTP on August 30, 2007, was caused by the pumping of one treatment train under repair to the remaining operational treatment train, which overloaded the operational treatment system. The overload occurred when the operator (not the ORC) left the plant unattended to check lift stations. 7. The Town of Dallas' prior record of compliance for the last 3 years with programs over which the Environmental Management Commission has regulatory authority is as follows: A civil penalty (Case No. LV-2005-0042) of$1,085.04 was assessed on January 24, 2005, for one effluent Biological Oxygen Demand limit violation (hereinafter BOD) and one effluent ammonia-nitrogen limit violation in October 2004. The penalty was paid in full on February 14, 2005. A civil penalty (Case No. LV-2005-0061) of$335.04 was assessed on February 1, 2005, for one effluent fecal coliform limit violation in November 2004. The penalty was paid in full on February 14, 2005. A civil penalty(Case No. LV-2005-0365) of$335.04 was assessed on September 19, 2005, for one effluent fecal coliform limit violation in May 2005. The penalty was paid in full on September 28, 2005. A civil penalty (Case No. LV-2006-0282) of$580.15 was assessed on August 8, 2006, for one effluent BOD limit violation and one effluent fecal coliform limit violation in May 2006. The penalty was paid in full on August 30, 2006. A civil penalty (Case No. LV-2006-0372) of$1,080.15 was assessed on October 3, 2006, for one effluent BOD limit violation, one effluent fecal coliform limit violation, one effluent ammonia-nitrogen limit violation, and one effluent Total Suspended Solids (hereinafter TSS) limit violation in June 2006. The penalty was paid in full on October 18, 2006. A civil penalty (Case No. LV-2006-0470) of$2,580.15 was assessed on December 5, 2006, for one effluent BOD limit violation, four effluent fecal coliform limit violations, and two effluent ammonia-nitrogen limit violations in April 2006. The penalty was paid in full on January 5, 2007. A civil penalty (Case No. LV-2007-0053) of$831.50 was assessed on February 2, 2007, for one effluent ammonia-nitrogen limit violation in September 2007. The penalty was paid in full on March 7, 2007. A civil penalty (Case No. LV-2007-0076) of$1,331.50 was assessed on February 13, 2007, for two effluent ammonia-nitrogen limit violations and one effluent TSS limit violation in October 2006. The penalty has not been paid and the case is still open. A civil penalty (Case No. LV-2007-0121) of$1,331.50 was assessed on March 26, 2007, for three effluent ammonia-nitrogen limit violations in October 2006. The penalty was paid in full on April 10, 2007. A civil penalty (Case No. LV-2007-0208) of$394.00 was assessed on June 6, 2007, for one TSS limit violation and three pH limit violations in January 2007. The penalty was paid in full on July 5, 2007. A civil penalty (Case No. LV-2007-0472) of$1,581.20 was assessed on December 7, 2007, for two effluent ammonia-nitrogen limit violations in March 2007. The case is within the 30-day response window. A civil penalty (Case No. LV-2007-0474) of$581.20 was assessed on December 10, 2007, for twenty effluent total residual chlorine limit violations in April 2007. The case is within the 30-day response window. A civil penalty(Case No. LV-2007-0475) of$2,331.20 was assessed on December 11, 2007, for three effluent ammonia-nitrogen limit violations and one effluent BOD limit violation in June 2007. The case is within the 30-day response window. A civil penalty(Case No. LM-2007-0050) of$1,981.20 was assessed on December 11, 2007, for two effluent ammonia-nitrogen limit violations, one effluent BOD limit violation, and one temperature monitoring violation in July 2007. The case is within the 30-day response window. A civil penalty (Case No. LV-2007-0477) of$3,456.20 was assessed on December 11, 2007, for two effluent ammonia-nitrogen limit violations and four effluent BOD limit violations in August 2007. The case is within the 30-day response window. 8. The cost to the State of the enforcement procedures: Central Office Review and Processing = $100.00 10 hours by investigator for investigating and drafting the Notice of Violation and the enforcement package @ $29.73/hour = $297.28 1.0 hour for Supervisory review @ $36.46/hour = $ 36.46 1.0 hour for clerical support @ $15.00/hour = $ 15.00 TOTAL = $448.74 9. Type of violator and general nature of business (i.e. individual vs. large corporation): The Town of Dallas is a municipality that operates a water treatment plant and a wastewater treatment plant. Both facilities have discharge permits with the Division of Water Quality. 10. Violator's degree of cooperation(including efforts to prevent or restore) or recalcitrance: The Town of Dallas was cooperative in addressing the sludge spill at the Dallas WWTP. 11. Mitigating Circumstances: The Dallas WWTP is classified as a Grade III plant. Recently, the Mooresville Regional Office of the Division of Water Quality discovered that the Back-up ORC (Mr. M. Hurt) for the Dallas WWTP had been reassigned to the Dallas WTP. In addition, the WWTP ORC (Mr. G. Hughes) was spending minimal time at the WWTP due to work obligations at the WTP. This left an inexperienced operator(Mr. K. Case) with Grade I certification to run the daily operations of the Grade III WWTP. It appears that no Dallas WWTP personnel were on site during the August 30, 2007, sludge spill. 12. Assessment Factors: a. Receiving Streams: Dallas Branch and Long Creek, Class C waters of the State b. Damage: Dissolved Oxygen concentrations in two stream segments below the minimum required water quality standard of 4.0 mg/1. c. Damage: The dissolved oxygen concentration was 0.3 mg/L in Dallas Branch approximately 0.5 miles downstream from the Dallas WWTP. d. Damage: The dissolved oxygen concentration was 0.0 mg/L in Long Creek approximately 0.6 miles downstream from the Dallas WWTP. STATE OF NORTH CAROLINA NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF GASTON File No. DV-2007-0028 IN THE MATTER OF THE TOWN OF ) DALLAS ) ) FOR VIOLATIONS OF: ) FINDINGS AND DECISIONS ) AND NORTH CAROLINA GENERAL ) ASSESSMENT OF CIVIL PENALTIES STATUTE G.S. 143-215.1(a)(6), ) 15A NCAC 2B .0211(2), AND ) 15A NCAC 2B 0.211 (3)(b) ) Acting pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, Matt Matthews, Division of Water Quality Point Source Branch Manager, make the following: I. FINDING OF FACT: A. The Town of Dallas (hereinafter Town) is a municipality organized and existing under the laws of the State of North Carolina. B. The Town owns and operates the Dallas Wastewater Treatment Plant (hereinafter WWTP) in Gaston County. C. On August 30, 2007, Mr. Jim Fisher and Mr. Sam Whitaker of the Division of Water Quality discovered a sludge spill in Dallas Branch at SR 2275 while sampling Dallas Branch for a Watershed Stressor study. Mr. Fisher and Mr. Whitaker subsequently visited the Dallas WWTP, which was upstream from the sludge spill location, and discovered that wastewater and sludge were being discharged from the facility. D. Mr. Fisher and Mr. Mr. Whitaker conducted an investigation into the extent of the sludge spill and the impact to Dallas Branch. Sludge was found in Dallas Branch at SR 2275 approximately 0.5 miles downstream of the WWTP. The dissolved oxygen concentration in Dallas Branch was 0.3 mg/L at this location. E. Sludge was found in Long Creek at NC Hwy. 279 downstream of the confluence with Dallas Branch approximately 0.6 miles from the WWTP. The dissolved oxygen concentration in Long Creek was 0.0 mg/L at this location. Town of Dallas—Dallas WWTP DV-2007-0028 Page 2 F. No sludge was found in Dallas Branch at the upstream sampling site for the WWTP NPDES permit NC0068888. The dissolved oxygen concentration in Dallas Branch was 7.5 mg/L at this location. G. DWQ file review and site visits revealed that the Town of Dallas discharged sludge into Dallas Branch and Long Creek from their Dallas WWTP without a permit for such activity. H. North Carolina General Statutes 143-215.1(a)(6) requires that a permit be secured in order to "cause or permit any waste, directly or indirectly, to be discharged to or in any manner intermixed with waters of the State in violation of the water quality standards applicable to the assigned classifications or in violation of any effluent standards or limitations established for any point source, unless allowed as a condition of any permit, special order or other appropriate instrument issued or entered into by the Commission under the provisions of the Article." I. Title 15A North Carolina Administrative Code 2B .0211 (2) requires that Class C waters maintain conditions related to best usage including"be suitable for aquatic life propagation and maintenance of biological integrity, wildlife, secondary recreation, and agriculture. Sources of water pollution which preclude any of these uses on either a short-term basis shall be considered to be violating a water quality standard". J. Title 15A North Carolina Administrative Code 2B .0211 (3)(b) requires "dissolved oxygen: not less than 6.0 mg/L for trout waters; for non-trout waters, not less than a daily average of 5.0 mg/L with a minimum instantaneous value of not less than 4.0 mg/L; swamp waters, lake coves or backwaters, and lake bottom waters may have lower values if caused by natural conditions". K. On November 5, 2007, the Division of Water Quality Mooresville Regional Office issued a Notice of Violation and Notice of Recommendation for Enforcement to the Town for violations of G.S. 143-215.1(a)(6), 15A NCAC 2B .0211(2) and 15A NCAC 2B 0.211 (3)(b). L. The Town's prior record of compliance for the last 3 years with programs over which the Environmental Management Commission has regulatory authority is as follows: A civil penalty (Case No. LV-2005-0042) of$1,085.04 was assessed on January 24, 2005, for one effluent Biological Oxygen Demand limit violation (hereinafter BOD) and one effluent ammonia-nitrogen limit violation in October 2004. The penalty was paid in full on February 14, 2005. A civil penalty(Case No. LV-2005-0061) of$335.04 was assessed on February 1, Town of Dallas—Dallas WWTP DV-2007-0028 Page 3 2005, for one effluent fecal coliform limit violation in November 2004. The penalty was paid in full on February 14, 2005. A civil penalty (Case No. LV-2005-0365) of$335.04 was assessed on September 19, 2005, for one effluent fecal coliform limit violation in May 2005. The penalty was paid in full on September 28, 2005. A civil penalty (Case No. LV-2006-0282) of$580.15 was assessed on August 8, 2006, for one effluent BOD limit violation and one effluent fecal coliform limit violation in May 2006. The penalty was paid in full on August 30, 2006. A civil penalty(Case No. LV-2006-0372) of$1,080.15 was assessed on October 3, 2006, for one effluent BOD limit violation, one effluent fecal coliform limit violation, one effluent ammonia-nitrogen limit violation, and one effluent Total Suspended Solids(hereinafter TSS) limit violation in June 2006. The penalty was paid in full on October 18, 2006. A civil penalty(Case No. LV-2006-0470) of$2,580.15 was assessed on December 5, 2006, for one effluent BOD limit violation, four effluent fecal coliform limit violations, and two effluent ammonia-nitrogen limit violations in April 2006. The penalty was paid in full on January 5, 2007. A civil penalty (Case No. LV-2007-0053) of$831.50 was assessed on February 2, 2007, for one effluent ammonia-nitrogen limit violation in September 2007. The penalty was paid in full on March 7, 2007. A civil penalty (Case No. LV-2007-0076)of$1,331.50 was assessed on February 13, 2007, for two effluent ammonia-nitrogen limit violations and one effluent TSS limit violation in October 2006. The penalty has not been paid and the case is still open. A civil penalty (Case No. LV-2007-0121) of$1,331.50 was assessed on March 26, 2007, for three effluent ammonia-nitrogen limit violations in October 2006. The penalty was paid in full on April 10, 2007. A civil penalty(Case No. LV-2007-0208) of$394.00 was assessed on June 6, 2007, for one TSS limit violation and three pH limit violations in January 2007. The penalty was paid in full on July 5, 2007. A civil penalty (Case No. LV-2007-0472) of$1,581.20 was assessed on December 7, 2007, for two effluent ammonia-nitrogen limit violations in March 2007. The case is within the 30-day response window. A civil penalty(Case No. LV-2007-0474) of$581.20 was assessed on December 10, 2007, for twenty effluent total residual chlorine limit violations in April 2007. Town of Dallas—Dallas WWTP DV-2007-0028 Page 4 The case is within the 30-day response window. A civil penalty(Case No. LV-2007-0475) of$2,331.20 was assessed on December 11, 2007, for three effluent ammonia-nitrogen limit violations and one effluent BOD limit violation in June 2007. The case is within the 30-day response window. A civil penalty(Case No. LM-2007-0050) of$1,981.20 was assessed on December 11, 2007, for two effluent ammonia-nitrogen limit violations, one effluent BOD limit violation, and one temperature monitoring violation in July 2007. The case is within the 30-day response window. A civil penalty(Case No. LV-2007-0477) of$3,456.20 was assessed on December 11, 2007, for two effluent ammonia-nitrogen limit violations and four effluent BOD limit violations in August 2007. The case is within the 30-day response window. M. Dallas Branch and Long Creek are classified as C waters in the Catawba River Basin. N. The costs to the State for enforcement procedures in this matter totaled $448.74. Based upon the above Findings of Fact, I make the following: II. CONCLUSIONS OF LAW: A. The Town of Dallas is a"person" within the meaning of G.S. 143-215.6A pursuant to G.S. 143-212 (4). B. Dallas Branch and Long Creek constitute waters of the State within the meaning of G.S. 143-215.1(a)(1). C. The Town of Dallas violated NCGS 143-215.1(a)(6) by discharging sludge from the Dallas WWTP to waters of the State without first applying for and securing a permit. D. The Town of Dallas violated Title 15A NCAC 2B .0211 (2) by discharging sludge to waters of the State, resulting in the violation of water quality standards for conditions related to best usage. E. The Town of Dallas violated Title 15A NCAC 2B .0211 (3)(b) by discharging sludge to waters of the State, resulting in the violation of water quality standards for dissolved oxygen. Town of Dallas—Dallas WWTP DV-2007-0028 Page 5 F. The Town of Dallas may be assessed civil penalties in this matter pursuant to G.S. 143-215.6A (a)(1), which provides that a civil penalty of not more than twenty- five thousand dollars ($25,000)per violation per day may be assessed against a person who violates any classification, standard, limitation, or management practice established pursuant to G.S. 143-214.1, 143-214.2, or 143-215. H. The Town of Dallas may be assessed civil penalties in this matter pursuant to G.S. 143-215.6A (a)(2), which provides that a civil penalty of not more than twenty- five thousand dollars ($25,000) per violation per day may be assessed against a person who is required but fails to apply for or to secure a permit required by G.S. 143-215.1, or who violates or fails to act in accordance with the terms, conditions, or requirements of such permit or any other permit or certification issued pursuant to authority conferred by this Part. I. The Town of Dallas may be assessed civil penalties pursuant to G.S. 143-215.6A (a)(6) which provides that a civil penalty of not more than twenty-five thousand dollars ($25,000.00)per violation may be assessed against a person who violates a rule of the Commission implementing this Part, Part 2A of this Article, or G.S. 143-355(k) J. Matt Matthews of the Division of Water Quality, pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, has the authority to assess civil penalties in this matter. Based upon the above Findings of Fact and Conclusions of Law, I make the following: III. DECISION: Accordingly, The Town of Dallas is hereby assessed a civil penalty of: $ for violation of NCGS 143-215.1(a)(6) by discharging or causing sludge to be intermixed with waters of the State without securing a permit. $ for of 2 violations of 15A NCAC 2B .0211(3)(b) by discharge resulting in a dissolved oxygen concentration which did not meet the minimum instantaneous water quality standard range of 4.0 mg/I in two stream segments. $ TOTAL CIVIL PENALTY, authorized by G.S. 143-215.6A $ 448.74 Enforcement Cost $ TOTAL AMOUNT DUE Town of Dallas—Dallas WWTP DV-2007-0028 Page 6 As required by G.S. 143-215.6A(c), in determining the amount of 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(s); (2) The duration and gravity of the violation(s); (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(s)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. Date Matt Matthews, Point Source Branch Division of Water Quality tr/71 O�o W A 7- A? G Michael F.Easley,Governor ✓ William G.Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources CO r Coleen H.Sullins,Deputy Director Division of Water Quality November 5, 2007 CERTIFIED MAIL 7007 0710 0005 2882 1516 RETURN RECEIPT REQUESTED Mr. George Hughes Town of Dallas 210 North Holland Street Dallas, North Carolina 28034 Subject: NOTICE OF VIOLATION and RECOMMENDATION FOR ENFORCEMENT NOV-2007-DV-0272 DWQ Incident No. 200702691 Violations of G.S. 143-215.1(a)(6), 15A NCAC 2B .0211(2) and 15A NCAC 2B .0211 (3)(b) Discharge of wastewater and sludge Town of Dallas, Dallas WWTP Gaston County Dear Mr. Hughes: On August 30, 2007, Mr. Jim Fisher and Mr. Sam Whitaker of the Division of Water Quality discovered a sludge spill in Dallas Branch at SR 2275 while sampling Dallas Branch for a Watershed Stressor study. Mr. Fisher and Mr. Whitaker then visited the Dallas WWTP, which was upstream from the sludge spill location and discovered that wastewater and sludge were being discharged from the facility. Mr. Fisher and Mr. Whitaker conducted an investigation to determine the extent of the sludge spill and any impacts to waters of the State. The investigation by Mr. Fisher and Mr. Whitaker found the following: 1. Sludge was found in Dallas Branch, a class C water in the Catawba River basin, at SR 2275 downstream of the WWTP. The dissolved oxygen concentration in Dallas Branch was 0.3 mg/L at this location. 2. Sludge was found in Long Creek, a class C water in the Catawba River basin, at NC Hwy. 279 downstream of the confluence with Dallas Branch and 0.6 miles from the WWTP. The dissolved oxygen concentration in Long Creek was 0.0 mg/L at this location. one NorthCarolina Naturally North Carolina Division of Water Quality 610 East Center Ave.,Suite 301 Mooresville,NC 28115 Customer Service Phone:(704)663-1699 FAX:(704)663-6040 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer Internet:h20.enr.state.nc.us 50%Recycled/10%Post Consumer Paper Mr.George Hughes NOV-2007-DV-0272 Page 3 of 2 your explanation will be forwarded to the Director, along with the enforcement package for her consideration. If you have any questions concerning this matter, please do not hesitate to contact Ms. Allocco or me at (704) 663-1699. Sincerely, 1- I Robert B. Krebs Regional Supervisor Surface Water Protection Section cc: Bob Sledge, NPDES Western Program Jim Fisher, Environmental Sciences Section-Intensive Survey Unit Gaston County Health Department Central Files North Carolina Department of Environment and Natural Resources Division of Water Quality of \PiAr�9 f -= :�-- i�v -CO.-4,DN i✓) J7L) (rin 7— WWTP Upset , Spill, or Bypass 5-Day Reporting Form (Please Print or Type Use Attachments if Needed) Perrnittee: 1 c t c' ; i_. Permit Number: ' ' t'',=''-/ 'Sc%`< Facility Name: [, (rL \ County: ) Incident Started: Date: <, S '`- Time: IL) ,� t �� Incident Ended: Date: Time: it-) +211 Level of Treatment: r None _Primary Treatment Secondary Treatment_Chlorination/Disinfection Only • Estimated Volume of Spill/Bypass: (must be given even if it is a rough estimate) Did the Spill/Bypass reach the Surface Waters? Yes No If yes, please list the following: Volume Reaching Surface Waters: Surface Water Name: •%r0--'r< ) Did the Spill/Bypass result in a Fish Kill? Yes No Was WWTP compliant with permit requirements? Yes No Were samples taken during event? Yes • No —' /'!. /', c.',. C2ti-'- Source of the Upset/Spill/Bypass (Location or Treatment Unit): Cause or Reason for the Upset/Spill/Bypass: L ( Vit. mac, ( 'L Describe the Repairs Made or Actions Taken: Spill/Bypass Reporting Form (August 1997) 'NWIP Upset , Spill, or Bypass 5-Day Reporting Form Page 2 Action Taken to Contain Spill, Clean Up and Remediate the Site if applicable): ( v;Y1°? : td.t Q���1C tt. �t� � r �� i°V3- L`L„1 71 t'�L. << v • Action Taken or Proposed to be Taken to Prevent Occurrences: Additional Comments About the Event: el7 .Z4itte,§C_.) 24-Hour Report Made To: Division of Water Quality L/ Emergency Management Contact Name: i U._.1;t.Gi.t.t a,A~�LI+tie. Date: / &/c 7 Time: i47.' 30 ti Other Agencies Notified (Health Dept, etc): t-t;'C=' Li;-nc_ -k"-t:-► Person Reporting Event: ` C1Sst Phone Number. '2C - q/ - 3/ Did DWQ Request an Additional Written Report? %/Yes _No If Yes, What Additional Information is Needed: _,� , Spill/Bypass Reporting Form (August 1997) SEP-6-2007 12:25P FROM:TOWPJ OF DALLAS WTP 704-922-1309 TO: 17046636040 P. 1 FACSIMILIE COVER SHEET TOWN OF DALLAS WTP/ WWTP 210 North Holland Street Phone Number 1-704.922-1309 Dallas, North Carolina 28034 Fax Number 1-704-922-1309 SEND TO FROM ! W 8µ c^- � � Y ATTENTION DATE - - 01 FAX NUMBER PHONE NUMBER -\ -6 (. 3- 66 k,ZoI. Urgent Reply ASAP Please Comment Please Review FYI Total pages including cover sheet r/ o�+�� 4 e—S r SEP-6-2007 12:25P FROM:TOWN OF DALLAS WTP 704-922-1309 TO:17046636040 P.2 September 6,2007 Wes Bell NCDENR 610 East Center St Mooresville,N.C.28115 Subject Plant Upset,Dallas WWTP Dear Mr.Bell, At approx. 12:00 noon on Thur(8-30-07)the operator at the plant was notifyed by Mr.Jim Fisher that we had solids running Into the creek in which we dicharge into.The operator was somewhat confused,being he just concluded his process control approx.a hour and half before and everthing appeared ok.When notifyed by Mr.Fisher he was Just returning from checking the lift stations. He checked the unit,solids were coming over the weir. Mr.Fisher suggested reporting it has a spill.At this time the operator notifyed me,I intumed notified the Mooresville office. The operator increased the return,started wasting to minimise the solids overflowing the weir. After talking with Barber and explaining what had taken place,and what was going on she recommend. opening flow to the unit that was down for repairs.Which was done at approx.13:30,the flow over the weir cleared up at approx. 16:30,at approx. 19:00 flow to the unit that was not in service was closed off. I feel this problem was caused by several factors,We had took 1 Unit out of service for repairs to a diffuser which put all the flow on the unit In service,which didn't pose a problem at this time, since each unit is rated for 300,000 gallons.We also started pumping the unit to be serviced into this unit at approx.63,000 gallons a day over the next 8 days We had increased wasting to try and offset the increase in solids,but appears that it was not enough,this led to the sludge blanket to increase,This combined with the flow at that time which was approx.289,000 led to the blanket overflowing the weir. To keep this from occuring again we have took serveral steps,we have increased wasting,also during the high flow we are opening the flow to the basin out of service which has stopped the hydrulic overload,we have had as of this letter approx.222,000 gals.Of sludge removed from the daffier,also approx. 110,000 gals of sludge removed from the contact chamber where it seems most of the solids overflowing the weir were collected,We also have contacted Southern Soil Builders to remove the solids&water in the unit not in service so that the repairs can be made, samples were pulled on 9-5-07 Just has soon has the results are completed,Southern Soil should start hauling hopefully by the end of next week.We also checked the stream there seems to be no solids accumlation,that night of 8-30-07 we had a shower that showed a rainfall reading of approx. 1/2"of rain. Hopefully this will not occure again.Thank you for your understanding.If I can be of further help please call,704-913-4315. Thank You, G e Hughes Re: SludgeSpill -Dallas Branch - Dallas NC Subject: Re: Sludge Spill - Dallas Branch - Dallas NC From: Dianne Reid <dianne.reid@ncmail.net> Date: Fri, 31 Aug 2007 12:21:02 -0400 To: Jim Fisher <jim.fisher@ncmail.net>, Sar: Whitaker <sam.whitaker@ncmail.net> Thank you for your work on this and for the concise report. I've passed it on to Jimmie. Dianne Jim Fisher wrote: DWQ Environmental Sciences Staff, Jim Fisher and Sam Whitaker, while sampling Dallas Branch in the Catawba Basin for Watershed Stressor Studies, noted a sludge spill in Dallas Branch at SR 2275 Gaston Co. ( Robinson - Clemer Rd.) in Dallas NC on 8/30/2007 at 1130 AM. Physical data was taken ( Temp. - 26.5 °C, DO - 0.3 mg/1, pH - 7.0 su, SP. Cond. - 624 umhos)and the chemical samples slated ( Tot. P & metals) for this stream were taken. We then went to the Dallas wastewater treatment plant to see what was going on and found one of the operators, a Mr. Kirby Case and told him there was sludge in Dallas Branch at Robinson - Clemer Rd. ) . We then walked over to one of the two waste treatment plants on the site and saw that sludge was going over the weir in the clarifier and then checked a manhole to the outfall pipe and saw sludge in it. I asked Mr. Case if there was anyway to shut the flow of sludge off. He informed me that the ORC, a Mr. George Hews, had just left, and that they were pumping sludge from one plant to another because they had lost that plant a few weeks earlier. Mr. Case said he would call Mr. Hews about the spill. I told him that they needed to call the Field Office in Mooresville and report a spill and that I would call the Mooresville Office also. I called the Field Office and talked to Barbara Sifford and reported the spill. We then went to the upstream sampling site for the treatment plant on Dallas Branch and saw that it was clear and took physical measurements ( Time 1240, Temp. - 23 .0 °C, DO - 7.5 mg/1, pH - 6.9 su. , Sp. Cond. - 105 umhos. ) . I walked down to where the effluent pipe went into the stream and saw that sludge and wastewater were coming out of the pipe. In subsequent phone calls to Barbara Sifford she said that Mr. Hews had called her and they decided to divert the wastewater flow to the plant off line, stop pumping sludge, and let the plant with the hydraulic overload settle down. Barbara Sifford asked how far the sludge had traveled, so we went down to the next larger creek which was Long Creek at NC Hwy. 279 and found the sludge in the stream and took physical measurements (Time 1315, Temp. - 27.0 °C, DO - 0.0 mg/1, pH - 7.0 su. , Sp. Cond. - 240 umhos) . We went back to the Dallas wastewater treatment plant and Mr. Hews was there and we talked about his conversations with Barbara Sifford and the solutions to the problem they had discussed. We looked at the clarifier and saw that the effluent was clearing up and the sludge blanket in the clarifier was going down. Mr. Hews asked about pumping the sludge out of the stream and I told him I didn't see that much access to the stream only a small section at the road crossing, don't know how that was resolved. We talked to Barbara Sifford again and told her what was going on and that we would go check the next downstream bridge on Long Creek and call her. On the way to Long Creek we stopped by Dallas Branch at Robinson - Clemer Rd. and saw that the stream was still dark with sludge and that the flow was down and that a thin layer of sludge had coated the sand in the stream where the flow had receded. We checked Long Creek at Dallas- Spencer Mountain Rd. and determined that the sludge hadn't gotten that far and took physical measurements ( Temp. - 25.2 °C, DO - 6.3 mg/1, pH - 7.1 su, Sp. Cond. - 199 umhos) . Called Barbara Sifford again and reported our findings and told her that we were going on to Stanly NC to sample two streams near there. Dianne Reid Supervisor - Intensive Surveys Unit NC DENR/Division of Water Quality p (919) 733-6510 f (919) 733-9959 1621 Mail Service Center 1 of 2 9/12/2007 1:44 PM December 2, 2007 RECEIVED DEC 7 2007 Mr. Robert B. Krebs Regional Supervisor 610 East Center St. ` r NC DEUR MR0 Mooresville, N.C. 28115 DY�V�'.�t-Surface Water Protection Subject: Notice of Violation and Recommendation for Enforcement DWQ incident No. 200702691 Dear Mr. Krebs, The letter that was faxed to Mr. Wes Bell on 9/6/07 was the response to your NOV letter dated November 5, 2007. I have nothing to add to it. 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II�.- ' i e, 1 ;(i8J� % /_/ j r1I,;Wa,Sth�_JAi' 11 -_ L`- •�I \1>` -V �. �0' VVAT�R Michael F.Easley,Governor William G.Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources > Coleen H.Sullins,Deputy Director Division of Water Quality November 5, 2007 CERTIFIED MAIL 7007 0710 0005 2882 1516 RETURN RECEIPT REQUESTED Mr. George Hughes Town of Dallas 210 North Holland Street Dallas, North Carolina 28034 Subject: NOTICE OF VIOLATION and RECOMMENDATION FOR ENFORCEMENT NOV-2007-DV-0272 • DWQ Incident No. 200702691 Violations of G.S. 143-215.1(a)(6), 15A NCAC 2B .0211(2) and 15A NCAC 2B .0211 (3)(b) Discharge of wastewater and sludge Town of Dallas, Dallas WWTP Gaston County Dear Mr. Hughes: On August 30, 2007, Mr. Jim Fisher and Mr. Sam Whitaker of the Division of Water Quality discovered a sludge spill in Dallas Branch at SR 2275 while sampling Dallas Branch for a Watershed Stressor study. Mr. Fisher and Mr. Whitaker then visited the Dallas WWTP, which was upstream from the sludge spill location and discovered that wastewater and sludge were being discharged from the facility. Mr. Fisher and Mr. Whitaker conducted an investigation to determine the extent of the sludge spill and any impacts to waters of the State. The investigation by Mr. Fisher and Mr.Whitaker found the following: 1. Sludge was found in Dallas Branch, a class C water in the Catawba River basin, at SR 2275 downstream of the WWTP. The dissolved oxygen concentration in Dallas Branch was 0.3 mg/L at this location. 2. Sludge was found in Long Creek, a class C water in the Catawba River basin, at NC Hwy. 279 downstream of the confluence with Dallas Branch and 0.6 miles from the WWTP. The dissolved oxygen concentration in Long Creek was 0.0 mg/L at this location. one NorthCarolina Naturally North Carolina Division of Water Quality 610 East Center Ave.,Suite 301 Mooresville,NC 28115 Customer Service Phone:(704)663-1699 FAX:(704)663-6040 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer Internet:h20.enr.state.nc.us 50%Recycled/l 0%Post Consumer Paper Mr.George Hughes NOV-2007-DV-02 72 Page 2 of 2 3. No sludge was found in Dallas Branch at the upstream sampling site for the WWTP NPDES permit. The dissolved oxygen concentration in Dallas Branch was 7.5 mg/L at this location. 4. No sludge was found in Long Creek at Dallas-Spencer Mountain Road. The dissolved oxygen concentration in Long Creek was 6.3 mg/L at this location. As a result of the site visit the following violations are noted: Item I. Discharge without a permit G.S. 143-215.1(a)(6) Cause or permit any waste, directly or indirectly, to be discharged to or in any manner intermixed with waters of the State in violation of the water quality standards applicable to the assigned classifications or in violation of any effluent standards or limitations established for any point source, unless allowed as a condition of a permit, special order or other appropriate instrument issued or entered into by the Commission under the provisions of this Article. Item II. Removal of Best Usage Title 15A NCAC 02B .0211 (2) The waters shall be suitable for aquatic life propagation and maintenance of biological integrity, wildlife, secondary recreation, and agriculture; sources of water pollution which preclude any of these uses on either a short-term or long-term basis shall be considered to be violating a water quality standard. Item III. DO Standard Title 15A NCAC 02B .0211 (3)b Dissolved oxygen: not less than 6.0 mg/L for trout waters; for non-trout waters, not less than a daily average of 5.0 mg/L with a minimum instantaneous value of not less than 4.0 mg/L; swamp waters, lake coves or backwaters, and lake bottom waters may have lower values if caused by natural conditions. Be advised that G.S. 143-215.6A provides for a civil penalty assessment of not more than twenty-five thousand dollars ($25,000),or twenty-five thousand dollars ($25,000)per day when the violation is of a continuing nature, against any person who is required but fails to apply for or to secure a permit required by G.S. 143-215.1. Penalties may also be assessed for any damage to the surface waters of the State that may result from the unpermitted discharge. This Office is in receipt of your faxed letter dated September 6, 2007,providing information on the August 30,2007, unpermitted discharge from the Town of Dallas WWTP and the implementation of corrective actions to eliminate the potential for recurrent illegal discharges. This letter is also to advise you that this Office is considering sending a Recommendation for Enforcement to the Director of the Division of Water Quality for the subject violation. If you have any additional information that you wish to present, please forward it to this Office within 10 days of receipt of this letter. Your September 6, 2007, faxed letter and any additional information you submit will be reviewed and if an enforcement action is still deemed appropriate, Ar.George Hughes NOV-2007-DV-0272 Page 3 of 2 your explanation will be forwarded to the Director, along with the enforcement package for her consideration. If you have any questions concerning this matter, please do not hesitate to contact Ms. Allocco or me at (704) 663-1699. Sincerely, Robert B. Krebs Regional Supervisor Surface Water Protection Section cc: Bob Sledge, NPDES Western Program Jim Fisher, Environmental Sciences Section-Intensive Survey Unit Gaston County Health Department Central Files �F W A-/- 4 Michael F.Easley,Governor r OCA QG William G.Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources . Colcen H.Sullins,Director 0 '< Division of Water Quality November 28, 2007 CERTIFIED MAUI,#7007 0710 0005 2882 1523 RFTITRN RECEIPT REQUESTED Mr. Steve Miller, Town Manager Town of Dallas 210 North Holland Street Dallas, North Carolina 28034 Subject: NOTICE OF VIOLATION and RECOMMENDATION FOR ENFORCEMENT NOV-2007-DV-0272 DWQ Incident No. 200702691 Violations of G.S. 143-215.1(a)(6), 15A NCAC 2B .0211(2) and 15A NCAC 2B .0211 (3)(b) Discharge of wastewater and sludge Town of Dallas, Dallas WWTP Gaston County Dear Mr. Miller: Attached is a copy of the Notice of Violation and Recommendation for Enforcement that was sent to Mr. George Hughes on November 5, 2007. As of today this Office has not received any additional information from the Town regarding the sludge spill in Dallas Branch on August 30, 2007. This letter is to advise you that this Office will be sending a Recommendation for Enforcement to the Director of the Division of Water Quality for the subject violation. Should you have questions,please do not hesitate to contact Ms. Marcia Allocco or me at (704) 663-1699. Sincerely, Robert B. Krebs Regional Supervisor Surface Water Protection cc: Robert Sledge,NCDENR-DWQ Noe Carolina ® � ,111 tura!!y NCDENR Mooresville Regional Office Division of Water Quality Phone 704-663-1699 Customer Service Internet: \ ,_ n�',\atehiu;i_in, 610 East Center Ave,Suite 301 Mooresville,NC 28115 Fax 704-663-6040 1-877-623-6748 An Equal OpportunitylAffirmative Action Employer—50%Recycled110%Post Consumer Paper Dv\J A rF.4pG Michael F.Easley,Governor William G.Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources y Coleen H.Sullins,Deputy Director < Division of Water Quality November 5, 2007 CERTIFIED MAIL 7007 0710 0005 2882 1516 RETURN RECEIPT REQUESTED Mr. George Hughes Town of Dallas 210 North Holland Street Dallas, North Carolina 28034 Subject: NOTICE OF VIOLATION and RECOMMENDATION FOR ENFORCEMENT NOV-2007-DV-0272 DWQ Incident No. 200702691 Violations of G.S. 143-215.1(a)(6), 15A NCAC 2B .0211(2) and 15A NCAC 2B .0211 (3)(b) Discharge of wastewater and sludge Town of Dallas, Dallas WWTP Gaston County Dear Mr. Hughes: On August 30, 2007, Mr. Jim Fisher and Mr. Sam Whitaker of the Division of Water Quality discovered a sludge spill in Dallas Branch at SR 2275 while sampling Dallas Branch for a Watershed Stressor study. Mr. Fisher and Mr. Whitaker then visited the Dallas WWTP,which was upstream from the sludge spill location and discovered that wastewater and sludge were being discharged from the facility. Mr. Fisher and Mr. Whitaker conducted an investigation to determine the extent of the sludge spill and any impacts to waters of the State. The investigation by Mr. Fisher and Mr. Whitaker found the following: 1. Sludge was found in Dallas Branch, a class C water in the Catawba River basin, at SR 2275 downstream of the WWTP. The dissolved oxygen concentration in Dallas Branch was 0.3 mg/L at this location. 2. Sludge was found in Long Creek, a class C water in the Catawba River basin, at NC Hwy. 279 downstream of the confluence with Dallas Branch and 0.6 miles from the WWTP. The dissolved oxygen concentration in Long Creek was 0.0 mg/L at this location. one No hCarolina turafly North Carolina Division of Water Quality 610 East Center Ave.,Suite 301 Mooresville,NC 28115 Customer Service Phone:(704)663-1699 FAX:(704)663-6040 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer Internet:h20.enrstate.nc.us 50%Recycled/10%Post Consumer Paper Mr.George Hughes NOV-2007-Dv-0272 Page 2 of 2 3. No sludge was found in Dallas Branch at the upstream sampling site for the WWTP NPDES permit. The dissolved oxygen concentration in Dallas Branch was 7.5 mg/L at this location. 4. No sludge was found in Long Creek at Dallas-Spencer Mountain Road. The dissolved oxygen concentration in Long Creek was 6.3 mg/L at this location. As a result of the site visit the following violations are noted: Item I. Discharge without a permit G.S. 143-215.1(a)(6) Cause or permit any waste, directly or indirectly, to be discharged to or in any manner intermixed with waters of the State in violation of the water quality standards applicable to the assigned classifications or in violation of any effluent standards or limitations established for any point source, unless allowed as a condition of a permit, special order or other appropriate instrument issued or entered into by the Commission under the provisions of this Article. Item II. Removal of Best Usage Title 15A NCAC 02B .0211 (2) The waters shall be suitable for aquatic life propagation and maintenance of biological integrity, wildlife, secondary recreation, and agriculture; sources of water pollution which preclude any of these uses on either a short-term or long-term basis shall be considered to be violating a water quality standard. Item III. DO Standard Title 15A NCAC 02B .0211 (3)b Dissolved oxygen: not less than 6.0 mg/L for trout waters; for non-trout waters, not less than a daily average of 5.0 mg/L with a minimum instantaneous value of not less than 4.0 mg/L; swamp waters, lake coves or backwaters, and lake bottom waters may have lower values if caused by natural conditions. Be advised that G.S. 143-215.6A provides for a civil penalty assessment of not more than twenty-five thousand dollars ($25,000),or twenty-five thousand dollars($25,000)per day when the violation is of a continuing nature, against any person who is required but fails to apply for or to secure a permit required by G.S. 143-215.1. Penalties may also be assessed for any damage to the surface waters of the State that may result from the unpermitted discharge. This Office is in receipt of your faxed letter dated September 6, 2007,providing information on the August 30, 2007,unpermitted discharge from the Town of Dallas WWTP and the implementation of corrective actions to eliminate the potential for recurrent illegal discharges. This letter is also to advise you that this Office is considering sending a Recommendation for Enforcement to the Director of the Division of Water Quality for the subject violation. If you have any additional information that you wish to present, please forward it to this Office within 10 days of receipt of this letter. Your September 6,2007, faxed letter and any additional information you submit will be reviewed and if an enforcement action is still deemed appropriate, Mr.George Hughes NOV-2007-DV-0272 Page 3of2 your explanation will be forwarded to the Director,along with the enforcement package for her consideration. If you have any questions concerning this matter, please do not hesitate to contact Ms. Allocco or me at (704) 663-1699. Sincerely, Robert B. Krebs Regional Supervisor Surface Water Protection Section cc: Bob Sledge, NPDES Western Program Jim Fisher, Environmental Sciences Section-Intensive Survey Unit Gaston County Health Department Central Files , Bob Sledge { Point Source Compliance Division of Water Quality -_- -.-- - — Bob, ` Can you review this WWTP bypass to see if we should send an NOV or NOV/NRE? Apparently the ambient monitoring group was doing sampling near the Dallas WWTP and found that the plant was discharging sludge directly into the stream. When they went to the WWTP I was told no one was there (Back-up ORC) checking pump stations so no one was at the plant to oversee the transfer of wastewater from one treatment train to the other. Although we have not taken action on bypasses in the past I was thinking this should receive at the minimum an NOV since it was preventable. What do you think? Thanks, Marcia - North Carolina Department of Environment and Natural Resources Division of Water Quality GF `•N Ac9 \pG > WWTP Upset , Spill, or Bypass 5-Day Reporting Form (Please Print or Type Use Attachments if Needed) Permittee: c, �_ , 1 :.,lit Permit Number: .? !-1_2(../iC Facility Name: -s Vit . •U. ��_+\ ' County: Incident Started: Date: Time: + Incident Ended: Date: S i t.' Time: )/. Level of Treatment: A j r _None_Primary Treatment_Secondary Treatment_Chlorination/Disinfection Only Estimated Volume of Spill/Bypass: (must be given even if it is a rough estimate) Did the Spill/Bypass reach the Surface Waters? ,/"Yes_No If yes, please list the following: Volume Reaching Surface Waters: Surface Water Name: Did the Spill/Bypass result in a Fish Kill? Yes No Was WWTP compliant with permit requirements? Yes No Were samples taken during event? Yes _No -'., /(. .! 1 t...; •? '.. I ? Source of the Upset/Spill/Bypass (Location or Treatment Unit): ri Cause or Reason for the Upset/Spill/Bypass: "// /lift E Lt Describe the Repairs Made or Actions Taken: 1 C'Lt J Spill/Bypass Reporting Form (August 1997) WW1 P Upset , Spill, or Bypass 5-Day Reporting Form Page 2 Action Taken to Contain Spill, Clean Up and Remediate the Site If applicable): - � l Action Taken or Proposed to be Taken to Prevent Occurrences: Additional Comments About the Event: ^ ? Y ,1 1,\x• )ix L.)Ltt-. (� -V '�..�''(, .��/' y. _ �• ��� i.<. 1 �.-t L,. tce--i. i. 24-Hour Report Made To: Division of Water Quality ;,i ,Emergency Management J n . Contact Name: r r,1E.L .`r`ti t �,� . .<_ Date: ` =?C f Time: /47.7. Other Agencies Notified (Health Dept, etc): (1)0D•t_.' Y J i-Y\ Person Reporting Event: ( CI(cePhone Number. ''C / -- V-7/3— _1 Did DWQ Request an Additional Written Report? /Yes_No If Yes, What Additional Information is Needed: / A l C/CiChh' (TCr'l.�fccei - ; lG'l;Ci -/�` /' ,/V.ff.' z id -7 / :t Lam - c. r“ -- Spill/Bypass Reporting Form (August 1997) SEP-6-2007 12:25P FROM:TOWN OF DALLAS WTP 704-922-1309 TO: 17046636040 P.1 FACSIMILIE COVER SHEET TOWN OF DALLAS WTP/WWTP 210 North Holland Street Phone Number 1-704-922-1309 Dallas, North Carolina 28034 Fax Number 1-704-922-1309 SEND TO FROM W 'e CU \.\,�r L 8w �- c".- ATTENTION ATTENTION DATE FAX NUMBER PHONE NUMBER f? v \ —6 (43' 669 a ' off, --ev=2- ‘,30ct Urgent Reply ASAP Please Comment Please Review FYI Total pages including cover sheet A Q.`, S e—S 1 AIL !\k t SEP-6-2007 12:25P FROM:TOWN OF GALLAS WTP 704-922-1309 TO: 17046636040 P.2 September 6,2007 Wes Bell NCDENR 610 East Center St. Mooresville, N.C.28115 Subject:Plant Upset, Dallas WWTP Dear Mr.Bell, At approx. 12:00 noon on Thur(8-30-07)the operator at the plant was notifyed by Mr.Jim Fisher that we had solids running Into the creek In which we dicharge into.The operator was somewhat confused,being he just concluded his process control approx.a hour and half before and everting appeared ok.When notifyed by Mr. Fisher he was Just returning from checking the lift stations. He checked the unit,solids ware coming over the weir. Mr.Fisher suggested reporting it has a spill.At this time the operator notifyed me,I intumed notified the Mooresville office. The operator increased the return,started wasting to minimise the solids overflowing the weir. After talking with Barber and explaining what had taken place,and what was going on she recommend. opening flow to the unit that was down for repairs.Which was done at approx.13:30,the flow over the weir cleared up at approx. 18:30,at approx. 19:00 flow to the unit that was not in service was dosed oft. I feel this problem was caused by several factors,We had took 1 Unit out of service for repairs to a diffuser which put all the flow on the unit In service,which didn't pose a problem at this time, since each unit is rated for 300,000 gallons.We also started pumping the unit to be serviced into this unit at approx.63,000 gallons a day over the next 8 days We had increased wasting to try and offset the increase in solids,but appears that it was not enough,this led to the sludge blanket to increase,This combined with the flow at that time which was approx.289,000 led to the blanket overflowing the weir. To keep this from occuring again we have took serveral steps,we have increased wasting,also during the high flow we are opening the flow to the basin out of service which has stopped the hydrulic overload,we have had as of this letter approx.222,000 gals. Of sludge removed from the darifer,also approx. 110,000 gals of sludge removed from the contact chamber where it seems most of the solids overflowing the weir were collected,We also have contacted Southern Soil Builders to remove the solids&water in the unit not in service so that the repairs can be made,samples were pulled on 9-5-07 Just has soon has the results are completed,Southern Sal should start hauling hopefully by the end of next week.We also checked the stream there seems to be no solids accumlatlon,that night of 8-30-07 we had a shower that showed a rainfall reading of approx. 1/2"of rain. Hopefully this will not occure again.Thank you for your understanding.If I can be of further help please cell,704-913-4315. Thank You, G a Hughes Re: Sludge Spill- Dallas Branch - Dallas NC • Subject: Re: Sludge Spill - Dallas Branch - Dallas NC From: Dianne Reid <dianne.reid@ncmail.net> Date: Fri, 31 Aug 2007 12:21:02 -0400 To: Jim Fisher <jim.fisher@ncmail.net>, Sam Whitaker <sam.whitaker@ncmail.net> Thank you for your work on this and for the concise report. I 've passed it on to Jimmie. Dianne Jim Fisher wrote: DWQ Environmental Sciences Staff, Jim Fisher and Sam Whitaker, while sampling Dallas Branch in the Catawba Basin for Watershed Stressor Studies, noted a sludge spill in Dallas Branch at SR 2275 Gaston Co. ( Robinson - Clemer Rd. ) in Dallas NC on 8/30/2007 at 1130 AM. Physical data was taken ( Temp. - 26.5 °C, DO - 0.3 mg/1, pH - 7.0 su, SP. Cond. - 624 umhos)and the chemical samples slated ( Tot. P & metals) for this stream were taken. We then went to the Dallas wastewater treatment plant to see what was going on and found one of the operators, a Mr. Kirby Case and told him there was sludge in Dallas Branch at Robinson - Clemer Rd. ) . We then walked over to one of the two waste treatment plants on the site and saw that sludge was going over the weir in the clarifier and then checked a manhole to the outfall pipe and saw sludge in it. I asked Mr. Case if there was anyway to shut the flow of sludge off. He informed me that the ORC, a Mr. George Hews, had just left, and that they were pumping sludge from one plant to another because they had lost that plant a few weeks earlier. Mr. Case said he would call Mr. Hews about the spill. I told him that they needed to call the Field Office in Mooresville and report a spill and that I would call the Mooresville Office also. I called the Field Office and talked to Barbara Sifford and reported the spill. We then went to the upstream sampling site for the treatment plant on Dallas Branch and saw that it was clear and took physical measurements ( Time 1240, Temp. - 23 .0 °C, DO - 7.5 mg/1, pH - 6.9 su. , Sp. Cond. - 105 umhos. ) . I walked down to where the effluent pipe went into the stream and saw that sludge and wastewater were coming out of the pipe. In subsequent phone calls to Barbara Sifford she said that Mr. Hews had called her and they decided to divert the wastewater flow to the plant off line, stop pumping sludge, and let the plant with the hydraulic overload settle down. Barbara Sifford asked how far the sludge had traveled, so we went down to the next larger creek which was Long Creek at NC Hwy. 279 and found the sludge in the stream and took physical measurements (Time 1315, Temp. - 27.0 °C, DO - 0.0 mg/1, pH - 7.0 su. , Sp. Cond. - 240 umhos) . We went back to the Dallas wastewater treatment plant and Mr. Hews was there and we talked about his conversations with Barbara Sifford and the solutions to the problem they had discussed. We looked at the clarifier and saw that the effluent was clearing up and the sludge blanket in the clarifier was going down. Mr. Hews asked about pumping the sludge out of the stream and I told him I didn't see that much access to the stream only a small section at the road crossing, don't know how that was resolved. We talked to Barbara Sifford again and told her what was going on and that we would go check the next downstream bridge on Long Creek and call her. On the way to Long Creek we stopped by Dallas Branch at Robinson - Clemer Rd. and saw that the stream was still dark with sludge and that the flow was down and that a thin layer of sludge had coated the sand in the stream where the flow had receded. We checked Long Creek at Dallas- Spencer Mountain Rd. and determined that the sludge hadn't gotten that far and took physical measurements ( Temp. - 25.2 °C, DO - 6.3 mg/1, pH - 7.1 su, Sp. Cond. - 199 umhos) . Called Barbara Sifford again and reported our findings and told her that we were going on to Stanly NC to sample two streams near there. Dianne Reid Supervisor - Intensive Surveys Unit NC DENR/Division of Water Quality p (919) 733-6510 f (919) 733-9959 1621 Mail Service Center 1 of 2 9/12/2007 1:44 PM 4111141111114100. SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Sig :ture / item 4 if Restricted Delivery is desired. �i ilf�C 0 Agent • Print your name and address on the reverse X I `'� 0 Addressee so that we can return the card to you. eceived by(Printed Name) C Date of Delivery • Attach this card to the back of the mailpiece, - --14-41/ or on the front if space permits. :;(1( • D. 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