NC0026441_Correspondence_20240118

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Public works and Utilities
January 18, 2024
Atta: Chris Johnson,Enviromnental Program Manager
1621 Mail Service Center
Raleigh,NC 27699-1621
Subject: NOTICE OF VIOLATION&INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2023-TX-0072
NPDES Permit##NCO026441/001
Town of Siler City
Chatham County
Dear Mr. Johnson,
This letter is in response to the NOV &Intent for Civil Penalty issues on December 22, 2023, for the
Toxicity failure of September:
In looking through the plant data for September I was unable to find any reason for the failed result.The
plant sampling data shows that all parameters were below the permit requirements stated in our NPDES permit.
Therefore, a failed chronic level of 58%did not seem to share the same pattern as the sampling data represented
for September. If the plant was able to meet all permit requirements,then this ensures that our Effluent discharge
was of good quality. However,we were informed that the certified lab used for the testing did not pass their
annual required Performance Standard test for chronic Ceriodaphia dubia and will be decertified for 30 days
starting December 1.The failure of Meritech may or may not be the reason for the failure of our September
Toxicity but I would request that it be considered in issues of a civil penalty. Since all the plant data meets permit
requirements, I would like the state to consider that the failed September Toxicity test for the Town is waived.
Sincerely, '
Brittany York ��'�
WWTP Superintendent
Town of Siler City
Cc: Hank Raper—Town Manager, Chris McCorquodale—Utility Director
Brittany York Brittany York
WWTP Superintendent [e-mail]
PO Box 769.311 N Second Avenue Phone:[phone]
Siler City,NC 27344-0769 www.silercity.org
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Brittany York
From: Brittany York
Sent: Friday, November 3, 2023 10:22 AM
To: Zhang, Cheng; Moore, Cindy
Cc: Chris McCorquodale; Bobbie Hill
Subject: September Toxicity
Attachments: Ceriodaphnia decertification notice 11-1-2023.docx;[e-mail]_20231103_
083659.pdf
Good morning,
I am reaching out regarding the failed September Toxicity results. In looking through the plant data for September I was
unable to find any reason for the failed result.The plant sampling data shows that all parameters were below the permit
requirements stated in our NPDES permit.Therefore, a failed chronic level of 58%did not seem to share the same
pattern as the sampling data represented for September. If the plant was able to meet all permit requirements then this
ensures that our EfFluent discharge was of good quality.
It was brought to our attention yesterday that the certified lab used for the testing did not pass their annual required
Performance Standard test for chronic Ceriodaphia dubia, and will be decertified for 30 days starting December 1. 1 am
concerned this could have had an impact on our results received for September.Therefore, I would like to request that
the failed September Toxicity test for the Town be waived.
I have attached the Toxicity results and the letter from our outside lab decertification notification.
Please let me know your thoughts or if you have any questions.
Thankyoul
Brittany York
WW Superintendent
Town of Siler City
919-742-4581 Office
336-989-7904 Cell
bvork(@silercitv.org
In keeping with the NC Public Records Law, e-mails, including attachments, may be released to others upon request for
inspection and copying.
i

i
MERITECH.,
INC
. `�j ENVIRONMENTAL LABORATORIES ,
Dear Valued Client, November 1, 2023
It is unfortunate that we must inform you that Meritech Bioassay Lab did not pass
the annually required Performance Standard test for chronic Ceriodaphnia dubia and
subsequently will be decertified for 30 days for these analyses starting December 1St.This
is the first year that the EPA has required the State use a Federal EPA method PT and not
the usual State standard that we have used for the past 30+years.
Our unfamiliarity with this EPA method led us to a result that was out of
acceptable limit and lead to the failure and subsequent decertification.
Only the toxicity tests using the Chronic Ceriodaphnia dubia organisms will be
affected. Fathead minnow and Mysid Shrimp tests are not affected.
There are a couple of options for the December tests.You can make arrangements
with another lab (options below). Or, in most NPDES permits,there is the option to defer
your test to the next month within a quarter. A bioassay quarter is considered to be the
3 months during and after the required month for testing. For example, if your test is
required in December, then your quarter is December, January, and February. After you
submit an AT-form to the state, you may defer testing to the next month. Please keep in
mind that you must submit a signed AT-form to the State before the end of the following
month to do this. If for a valid reason the following month will not work,then you may be
allowed to move into the third month. Please note the information below from the State
Lab concerning this.
Should the permittee fail to monitor during a month in which toxicity tnonitonng 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 clay of the
month in which toxicity testing is required by this permit and continues until the final day of the third
month.
If a facility needs to move their testing month within the quarter, the facility will
need to submit a signed AT form for the noted month using a verifiable reason in the
comment section to atforms.atb(c)deg.nc gov within 30 days after the permit-required
testing month. For example, a facility that is normally required to test in December will
need to submit an AT form by January 30th. AT forms should have the top section filled

out (facility name, permit number, pipe, county, and date), an ORC signature, and a
comment explaining why the facility needs to move their testing month (see below). Any
facility that does not submit an AT form to the State within the 30-day window will be in
violation of their permit and can receive a Notice of Violation.
Suggested comments for AT forms:
• No other NC-certified biological lab could perform the test.
• The holidays are limited days for testing availability due to lab capacity issues.
o Regular testing lab is temporarily de-certified.
Link to AT pass/Fail form, Microsoft Word-DWQ AT1 Form (nc aov)
Link to AT full range chronic form,Microsoft Word-DWQ AT3 Form (nc ov)
Please feel free to reach out to Cindy Moore, Molly Nicholson, or Madison Myers of the
Aquatic Toxicology Branch, N.C. Division of Water Resources, N.C. Department of
Environmental Quality or Mike Reed here at our Lab with any questions.
919-743-8442
cindy.a.moore deq nc eov
[e-mail]
madison.myers deq nc Gov
Website: http://deg.nc.eov/about/divisions/water resources/water resources
data water-sciences-home-page/aquatic-toxicoloey branch
Other NC certified labs if you do not wish to postpone testing until February 2024.
ETS in Asheville NC, 828-350-9364.
ETT in Greer SC, 864-877-6942.
Water Systems, Inc. Lexington SC, 803-218-8439.
We apologize for this inconvenience and appreciate your patience while we work to
resolve the method issues. Let us know if I can help in any way and we look forward to
serving you again next quarter.
Regards,
David Merritt
Vice President
Meritech, Inc.,
336-317-5938: Cell 336-342-4748: Office
[e-mail]