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Home My WebLink AboutNC0036196_Response to Notice (LV-2024-0401)_20240520 RECEIVED 4 MAY 2 0 2024 E DWR N EWTON O�T NCD Q/ NPDES/ 9fllitliiiT tEG4:1—U M 1 fUlnn1 P.O. Box 550* Newton, N.C. 28658*(828)695-4300 May 14, 2024 Andrew H. Pitner., Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office Division of Water Resources, NCDEQ SUBJECT: Notice of Violation & Intent to Assess Civil Penalty Tracking Number: NOV-2024-LV-0401 Permit No. NC0036196 Clark Creek WWTP Catawba County Dear Mr. Pltner: This is in response to NOV-2024-LV-0401, we would like to ask for a remission on any civil penalties for this violation. We know that this is the second violation we have received for the Aluminum issues and feel that we have found the source of the issue and that it has been resolved.We will provide a more in- depth explanation if requested. We also feel that with The City of Newton WWTP having a Daily Maximum Limit and a Monthly Average Limit is unfair and we shouldn't be fined for both since the limits are the same. We are going to talk to the permit Department and see about removing one of these,we understand that this is done in Pretreatment and feel like this would be fair to the City of Newton to have the Monthly Average Limit removed. Sincer y, Eric Jones Superinte ent City of Newton, WWTP DocuSign Envelope ID:40D2E9DE-39DE-451F-A727-CADEAC622320 Permit NC0036196 PARTI A.(1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS [5.0 MGD] [15A NCAC 02B.0400 et seq.,15A NCACO2B .0500 et seq.] Grade IV Biological Water Pollution Control System [15A NCAC 08G.0302] a. During the period beginning on the effective date of the permit and lasting until expansion above 5.0 MGD or permit expiration,whichever comes first,the permittee is authorized to discharge treated wastewater from Outfall 001. Such discharges shall be limited and monitored)by the permittee as specified below: EFFLUENT LIMITS MONITORING REQUIREMENTS PARAMETER — Monthly Weekly Daily Measurement Sample Sample Parameter Code Average Average Maximum Frequency Type Location2 Flow 50050 5.0 MGD Continuous Recording I or E BOD,5 day,20°C3 (April 1 October 31) C0310 15.0 mg/L 22.5 mg/L Daily Composite I and E 5 day,20°C3 C0310 30.0 mg/L 45.0 mg/L Daily Composite I and E (November 1-March 31) Total Suspended Solids3 C0530 30.0 mg/L 45.0 mg/L Daily Composite I and E NH3 as N CO610 1.6 mg/L 4.8 mg/L Daily Composite E (April 1-October 31) NH3 as N (November 1 March 31) CO610 3.8 mg/L 11.4 mg/L Daily Composite E Fecal Coliform 31616 200/100 mL 400/100 mL Daily Grab E (geometric mean) Dissolved Oxygen 00300 Daily Average>_5.0 mg/L Daily Grab E pH 00400 Between 6.0 and 9.0 Standard Units Daily Grab E Total Residual Chlorine4 50060 28 pg/L Daily Grab E Temperature,°C • 00010 Monitor and Report Daily Grab E Conductivity, )mhos/cm 00094 Monitor and Report Daily Grab E Total Nitrogen, mg/L C0600 Monitor and Report Monthly Composite E Total Phosphorous,mg/L - C0665 Monitor and Report Monthly Composite E Total Aluminum 01105 154.3 ug/L 154.3 pg/L Monthly Composite E Total Copper 01042 46.0 lig/L 67.1 pg/L Monthly Composite E Total Hardness[as CaCO3],mg/Ls 00900 Monitor and Report Quarterly Grab E Chronic Toxicity6 TGP3B Monitor and Report_ Quarterly Composite E Effluent Pollutant Scan' NC01 Monitor and Report Footnote 7 Footnote 7 E Dissolved Oxygen (mg/L) 00300 Monitor and Report Variable2 Grab U and D Temperature°C 00010 Monitor and Report Variable2 Grab U and D Conductivity, pmhos/cm 00094 Monitor and Report Variable2 Grab U and D Fecal Coliform,#/100mL 31616 Monitor and Report Variable2 Grab U and D Total Hardness[as CaCO3], mg/L8 00900 Monitor and Report Quarterly Grab U Footnotes: 1. The permittee shall submit Discharge Monitoring Reports electronically using NC DWR's eDMR application system. See Special Condition A.(6.). 2. Sample locations I-Influent,E-Effluent U-Upstream at NCSR 2014,D-Downstream at NCSR 2007. Upstream and downstream samples shall be grab samples collected 3/week during June,July,August,and September and 1/week during the remainder of the year. 3. The monthly average effluent BOD5 and Total Suspended Solids concentrations shall not exceed 15%of the respective influent value(85%removal). 4. The Division shall consider all effluent total residual chlorine values reported below 50 µg/L to be in compliance with the permit However,the permittee shall continue to record and submit all values reported by a North Carolina certified laboratory (including field certified),even if these values fall below 50 µg/L. (Footnotes continued on next page.) Page 3 of 13 4 VAO\I 'ki\fiyi,-'i\- �jc pat 1, 1 (2,0Lk * ROY COOPER i Governor ELIZABETH S.BISER Secretary __- RICHARD E.ROGERS,JR. NORTH CAROLINA Director Environmental Quality May 10, 2024 James Wentz, Public Works Director City of Newton PO Box 550 Newton, NC 28658 SUBJECT: NOTICE OF VIOLATION &INTENT TO ASSESS CIVIL PENALTY Tracking Number: NOV-2024-LV-0401 Permit No. NC0036196 Clark Creek WWTP Catawba County Dear Mr. Wentz: A review of the March 2024 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) indicated below: Limit Exceedance Violation(s): Sample Limit Reported Location Parameter Date Value Value Type of Violation 001 Effluent Aluminum,Total (as Al) 3/13/2024 154.3 294 Daily Maximum Exceeded (01105) 001 Effluent Aluminum,Total (as Al) 3/31/2024 154.3 294 Monthly Average Exceeded (01105) A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and the facility's NPDES WW Permit. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. D_E Q.L North CarolinaRegional DepartmentOffice l of610 EnvirEast onCenter Avenue•mental Quality ISuite Division301 I ofMooresville.Water Resources North Carolina 28115 _-�� 704.663.1699 If you wish to provide additional information regarding the noted violation, request technical assistance, or discuss overall compliance please respond in writing within ten (10) business days after receipt of this Notice. A review of your response will be considered along with any information provided on the submitted Monitoring Report(s). You will then be notified of any civil penalties that may be assessed regarding the violations. If no response is received in this Office within the 10-day period, a civil penalty assessment may be prepared. Remedial actions should have already been taken to correct this problem and prevent further occurrences in the future. The Division of Water Resources may pursue enforcement action for this and any additional violations of State law. If the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. Reminder: Pursuant to Permit Condition 6 in Section E, the Permittee is required to verbally notify the Regional Office as soon as possible, not to exceed 24 hours, from first knowledge of any non-compliance at the facility including limit violations, bypasses of, or failure of a treatment unit. A written report may be required within 5 days if directed by Division staff. Prior notice should be given for anticipated or potential problems due to planned maintenance activities, taking units off-line, etc. If you have any questions concerning this matter or to apply for an SOC, please contact Wes Bell of the Mooresville Regional Office at 704-663-1699 or via Wes.Bell@deq.nc.gov. Sincerely, —DocuSigned by: Afauw H P444► `—F161 F869A2D84A3... Andrew H. Pitner, P.G., Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office Division of Water Resources, NCDEQ Cc: WQS Mooresville Regional Office - Enforcement File (Laserfiche) NPDES Compliance/Enforcement Unit- Enforcement File (Laserfiche) DE Q North Carolina Department of Environmental Quattty 1 Divkbn of Water Resoiaces Mooresville Regional Office 1610 East Center Avenue.Suite 301 1 Moomv8le.North Carolina 28115 ter\ 704.663.1699