NC0020656_Signatory Authority_20070505

�OF WArE94 Michael F.Easley,Governor
`R
O L
William G.Ross Jr.,Secretary
rNorth Carolina Department of Environment and Natural Resources
OY Alan W.Klimek,P.E.,Director
Division of Water Quality
March 5,2007
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Craig F. Honeycutt
' City Manager
City of Laurinburg
P.O. Box 249 j
Laurinburg,North Carolina 28353
i
- SUBJECT: NOTICE OF VIOLATION
Whole Effluent Toxicity(WET)Testing
Copper and Zinc Action Level Policy
NPDES
Leith Creek W WTP
Scotland County
' Dear Mr. Honeycutt:
This is to inform you that a review of your toxicity self-monitoring report form for the month of December
2006 indicates a violation of the toxicity limitation specified in your NPDES Permit. You should undertake necessary
actions to eliminate or reduce effluent toxicity to acceptable levels.
Previous correspondence was sent to you concerning implementation of the Division's Copper and Zinc
Action Level Policy. The correspondence included a prospective permit limit for copper,and stated that the trigger for
implementing the policy would be two or more WET limit violations,which,occur during a toxicity testing calendar
quarter. Please note that the second WET limit violation has occurred and you must provide:
a) Written notification indicating acceptance of the prospective copper permit limit.
Notification is due by April 9,2007. { J.It
OR
b) Written notification indicating your choice of option(s) 1-4 below. Notification is due by April 9,2007.
DWQ approval of options 1-3 below is not necessary as the Division expects work to rule out copper as a
causative effluent toxicant to begin immediately upon the second WET permit limit violation that occurred
during December 2006.
1. Instream measurements of dissolved metal during low flow conditions that demonstrate compliance
with the Action Level standard
2. A revision of the prospective permit limit using improved inputs that in concert with existing or
additional monitoring data demonstrates compliance with the Action Level standard
3. Toxicity Identification Evaluation (TIE)results that definitively rule out copper as a cause of effluent
toxicity
4. Demonstration by an alternative method approved by the Division and EPA that copper is not the
cause of toxicity
NOne hCarolina
.aturally = ,�
North Carolina Division of Water Quality 1621 Mail Service Center Raleigh,NC 27699-1621 Phone[phone] Customer Service '
Internet: www.esb.enr.state.nc.us 4401 Reedy Creek Rd. Raleigh,NC 27607 FAX [phone] 1-877-623-6748
i7 An Equal Opportunity/Affirmative Action Employer-50%Recycledl10%Post Consumer Paper
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Page 2
Leith Creek WWTP
March 5, 2007
Written notification(a or b above) shall be sent to:
North Carolina Division of Water Quality,
Environmental Sciences Sdctioh -
Aquatic Toxicology Unit
1621 Mail Service Center
Raleigh,North Carolina 27699-1621
Please note that if you choose item b)above,you will be given nine months to submit documentation that
eliminates copper as the causative effluent toxicant. Your final report should be comprehensive and include all
data used to support your conclusion. The report is due by January 9,2008.
Three copies of the final report shall be submitted to:
North Carolina Division of Water Quality
Environmental Sciences Section
Aquatic Toxicology Unit
1621 Mail Service Center
Raleigh,North Carolina 27699-1621
Failure to notify DWQ of your acceptance of a copper limit,failure to notify DWQ of your option
selection or failure to make acceptable demonstration to DWQ that copper is not the causative effluent toxicant
within the stated time frames will result in reopening of the NPDES Permit to include a numeric copper permit
limit,as appropriate.
If the effluent is toxic,then we expect work to commence immediately with toxic effluent samples. Failure to
initiate work with toxic effluent samples during the study period is unacceptable and will be considered a failure to
make acceptable demonstration as cited above. We recommend a minimum of three separate sampling events during
the nine-month period to definitively rule out copper as a causative effluent toxicant.
Additional information regarding the Division's Copper and Zinc Action Level Policy can be found at the
following web site- http://www.esb.enr.state.nc.us/. Click on the Aquatic Toxicology Unit and go to the prompt"AT
Downloadable Files"located at the bottom of the page.
If you have any questions concerning this correspondence,please contact Ms. Cindy Moore or Mr.John
Giorgino at(919)733-2136.
erely,
(-C�tndyA. 00re
Supervisor,Aquatic Toxicology Unit
cc: Belinda Henson-Fayetteville Regional Office
Dale Lopez-Fayetteville Regional Office
Vanessa Manuel-Point Source Branch
Marshall Hyatt-Water Management Division,USEPA Region IV,61 Forsyth St., SW,Atlanta,GA 30303
Central Files
Aquatic Toxicology Unit Files