NC0083071_NR NOV-2024-TX-0055_20240801

Docusign Envelope ID:206DFBOF-8AA1-46AA-A280-F7C42A661096
ROY COOPER
Governor
ELIZABETH S.BISERr=�*
Secretary *`� +
RICHARD E.ROGERS,JR. NORTH CAROLINA
Director Environmental Quality
August 1,2024
CERTIFIED MAIL: 7011 2000 0002 3103 1230
RETURN RECEIPT REQUESTED
Shaun Adams
Town of Robbinsville
PO Box 126
Robbinsville,NC 28771-0126
SUBJECT: NOTICE OF VIOLATION:NR NOV-2024-TX-0055
Whole Effluent Toxicity(WET)Testing
NPDES Permit No.NCO083071/001
Robbinsville WTP
Graham County
Dear Permittee:
This is to inform you that the Aquatic Toxicology Branch,ATB,did not receive your toxicity self-monitoring report
form for the month of May 2024 within 30 days after the reporting period.This is in violation of Title 15A of the
North Carolina Administrative Code,Chapter 2, Subchapter 213,Section.0506(a)(1)(A)which states that"monthly
monitoring reports shall be filed no later than 30 days after the end of the reporting period for which the report was
made."Please remember that reporting of toxicity self-monitoring data is a dual requirement and per your permit,
"All toxicity testing results required as part of this permit condition will be entered electronically using the
Division's eDMR system", as well as "Completed Aquatic Toxicity Forms shall be filed with the Water Sciences
Section...". Please be aware that North Carolina General Statutes provide for assessment of civil penalties for
violations of NPDES permit limitations and requirements.
Your permit states that should you fail to monitor during a required month, monitoring will be required during the
following month.Assessment of toxicity compliance is based on the toxicity testing quarter,which is the three
month time interval that begins on the first day of the month in which toxicity testing is required by this permit and
continues until the final day of the third month.
The reverse side of this Notice also contains important information concerning your Whole Effluent Toxicity
Monitoring and Reporting Requirements.We encourage you to review this information;if it would be helpful to
discuss this situation or possible solutions to resolve effluent toxicity noncompliance,please contact
Molly Nicholson at [e-mail] or 919-743-8424.
Sincerely,
LDocuSigned bby,
�1 �VV 43� vironmental Program Manager
Division of Water Resources,NCDEQ
Attachment
cc: Everette Williams(via email:[e-mail])
NCDEQ Asheville Regional Office
ATB Enforcement File&Laserfiche
North Carolina Department of Environmental Quality I Division of Water Resources I Bio Lab
NORT9CAAQ�LINA 4401 Reedy Creek Road 1 1621 Mail Service Center I Raleigh,North Carolina 27699-1621
919.743.8400
�iwYamental Oual�

Docusign Envelope ID:206DFBOF-8AA1-46AA-A280-F7C42A661096
WHOLE EFFLUENT TOXICITY MONITORING AND REPORTING INFORMATION
The following items are provided in an effort to assist you with identifying critical and sometimes overlooked toxicity testing and reporting
information. Please take time to review this information.The items below do not address or include all the toxicity testine and
rei)ortin2 requirements contained in your NPDES uermit. If you should have any questions about your toxicity testing requirement,
please contact Molly Nicholson with the Aquatic Toxicology Branch at(919)743-8424 or Cindy Moore at(919)743-8422.
➢ DATA SUBMITTAL: The permittee is responsible for ensuring that toxicity testing is conducted according to the permit requirement and
that toxicity report forms are appropriately filed.
➢ The reporting of whole effluent toxicity testing data is a dual reec uirement.
➢ 1)All toxicity test results must be entered(with the appropriate parameter code)on your monthly Electronic Discharge
Monitoring Report(eDMR)and,
➢ 2)Your Toxicity test data("AT"form)must be submitted to the Aquatic Toxicity Branch via:
Email to: ATForms.ATB(&decl.nc.lrov
--OR--
North Carolina Division of Water Resources
Water Sciences Section/Aquatic Toxicity Branch
1621 Mail Service Center
Raleigh,North Carolina 27699-1621
• Toxicity test results shall be filed with the Water Sciences Section no later than 30 days after the end of the reuortin2 ueriod
(eg,January test result is due by the end of February).
• To determine if your AT test forms were received on time by the Division of Water Resources,you may consider submitting your
toxicity test results certified mail,return receipt requested to the Water Sciences Section or email to the above address,receiving e-
confirmation.
• The Aquatic Toxicity Test forms shall be signed by the facility's Operator in Responsible Charge(ORC)except for facilities which
have not received a facility classification. In these cases,a duly authorized facility representative must sign the AT form. The AT
form must also be signed by the performing lab supervisor.
➢ FAILED TESTS:
• Toxicity test condition language contained in your NPDES permit may require use of multiple concentration toxicity testing upon
failure of any single quarterly toxicity test. If the initial pass/fail test fails or if the chronic value is lower than the permit limit,then at
least two multiple concentration toxicity tests(one per month)will be conducted over the following two months. As many analyses as
can be completed will be accepted. If your NPDES permit does not require use of multiple concentration toxicity testing upon failure
of any single quarterly test,you may choose to conduct either single concentration toxicity testing or multiple concentration toxicity
testing per the Division's WET enforcement initiatives effective July 1,1999. Follow-up multiple concentration toxicity testing will
influence the Division's enforcement response.
➢ INVALID TESTS:
• If you receive notification from your contract laboratory that a test was invalidated,you should immediately notify the Water Sciences
Section at(919)743-8400 and provide written documentation indicating why the test was invalidated and the date when follow-up
testing will occur.
➢ TESTING MONTHS:
• Toxicity testing months are specified by the NPDES Permit,except for NPDES Permits which contain episodic toxicity monitoring
requirements(eg,if the testing months specified in your NPDES permit are March,June,September,and December,then toxicity
testing must be conducted during these months).
➢ EPISODIC MONTIORING:
• If your NPDES Permit specifies episodic monitoring and your facility does not have a discharge from January 1-June 30,then you
must provide written notification to the Water Sciences Section by June 30 that a discharge did not occur during the first six months of
the calendar year.
➢ NO DISCHARGE:
➢ If your facility is required to conduct toxicity testing during a month in which no discharge occurs,you should complete the
information block located at the top of the AT form indicating the facility name,permit number,pipe number,county and the
month/year of the subject report. You should also write"No Flow"on the AT form,sign the form and submit following normal
procedures.
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources I Bin Lab
4401 Reedy Creek Road 1 1621 Mail Service Center I Raleigh,North Carolina 27699-1621
NORTH CAROUNA _
DW.m.d&E.W. .10a i;\� 919.743.8400