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Home My WebLink AboutNC0006564_NOV2017PC0229_20170517Certified -Mail #-7016`1370 000165718928 Return Receigt Requested May 9, 2017 Jon Rushford Baxter Healthcare Corporation 64 Pitts Station Rd Marion, NC 28752 SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY Tracking Number: NOV-2017-PC-0229 Permit No. NC0006564 Baxter Healthcare Corporation McDowell County Dear Permittee: The North Carolina Division of Water Resources conducted an inspection of the Baxter Healthcare Corporation WWTP on April 20, 2017 in response to a bypass of partially treated wastewater that occurred on April 19, 2017. A summary of the findings and comments noted during the inspection are provided in the enclosed copy of the inspection report. The inspection was conducted by Daniel Boss from the Asheville Regional Office. The following violation(s) were noted during the inspection: Inspection Area Description of Violation Operations & Maintenance Lack of alarms and/or operational checks allowed a bypass from the aeration basins of 70,000 -80,000 gallons of mixed liquor. Permit Sections Violated Part H. Section 13.2 Duty to Mitigate: The Permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit with a reasonable likelihood of adversely affecting human health or the environment [40 CFR 122. 41(d)] Part II. Section C.2 Proper Operation and Maintenance: 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 compliancewith the conditions of this permit. Part H. Section C.4.c.1 Bypass from the treatment facility is prohibited and the Permit issuing Authority may take enforcement action against a Permittee for bypass State of North Carolina I Environmental Quality I Water Resources 2090 U.S. 70 Highway, Swannanoa, NC 28778 828-2964500 S A Notice of Violation/Intent to Issue Civil Penal is being issued for the noted violation of North Carolina General . Statute (G.S:) 143-215.1 and the facility's NPD S Permit. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,0 0.00) may be assessed against any person who violates -or fails to act in accordance with the terms, condition , or requirements of any permit issued pursuant to G.S. 143-215.1. If you wish to provide additional information r garding the noted violation, request technical assistance, or discuss overall compliance please respond in Writing within ten (10) business days after receipt of this Notice. You -will then be notified of any civil penalties at may be assessed regarding"the violations ` 1f mo -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. Reminder: Pursuant to Permit Condition 6 in Section E, the Permittee is required to verbally notify the Regional Office, not to exceed 24 hours, f1lorn first knowledge of any non-compliance at the facility including limit violations, bypasses of, or failure of a treatment unit. Prior notice should be given for anticipated or potential problems due to plalined maintenance activities, taking units off line, etc. If you should have any questions, please do Regional Operations Section in the Asheville ATTACHMENTS: Inspection Report Cc: Brian Smith, EHS Director Stephen Taylor, ORC WQS Asheville Regional Office - Enfor NPDES-Com pliance/Enforcement- Unit hesitate to contact Daniel Boss with the Water Quality onal Office at 828-296-4500. . Landon Davidson, P.G., Regional Supervisor Dater Quality Regional Operations Section sheville Regional Office Division of Water Resources, NCDEQ -ement File - Enforcement File G:\WR\WQ\McDowell\Wastewater\Industrial\Baxter 06564\M(xed liquor spill.4.19.2017\NOV-2017-PC-0229 Letter.rtf State of North qarolina I Environmental Quality I Water Resources 20,901U.S. 70 Highway, Swannanoa, NC 28778 828=296-4500 United States Environmental Protection Agency Form Approved. EPA Washington, D.C. 20460 OMB'No. 2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding (i.e., PCS) Transaction Code NPDES - yr/mo/day Inspection Type Inspector Fac Type 1. IN 1 2 15 I 3 I NC0006564. I11 12 17/04/20 17 18 I r• l 19 I c I 201 211 1 1 1 1 11- I .I -I I I I 1', I 1_1 I I °-I I I I I I I -I I I I I 1 1 11` I I 1 1 166 .I Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 QA ---Reserved-- — 67 70` j 71 U 72 1 ,,, I 731 1 _I—I X74 751 I I I I I I I80 L Section B: Facility Data - Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include Name Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 01:30PM 17/04/20. 16/09/01 Baxter Healthcare Corporation 65 Pitts Sta Rd Exit Time/Date Permit Expiration Date Marion NC 287527925 03:45PM 17/04/20 20/01/31 Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Name, Address of Responsible Official/Title/Phone and Fax Number Contacted Anita Jensen, /// Yes Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Operations & Maintenar. Effluent/Receiving Wate Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date Die WQ!/828-296-4658/ Daniel J Boss ARO Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page# INURM yr/mo/day 31 NC0006564 I11 12 17/04/20 17 Inspection Type . 181C,j (Cont.) Section D: Summary of Finding/Comments (A,Attach additional sheets of narrative and checklists as necessary) On 4/20/2017 at 1:30pm, I (Daniel Boss) co ducted an inspection at Baxter Healthcare Wastewater Treatment Plant in response to a reported bypass of 70,000- 80,000 gallons of partially treated wastewater from the aeration basins of thetneq�r), w wastewater facility being built. Brian Smith (EHS Director), Corey Carpentier (EHS), Chris_(E and Zgig (Engineer) guided me through the site = and gave me an explanation of the incident The incident began on 4/19/2017 at about facility shut off due to high flow. The puml the aeration basin pumps had stopped. C about 4:OOam the aeration basins began ti with activated sludge) and they continued Baxter personnel estimate a total bypass c been instructed to make checks on the ne The autodialer was not connected and -the aeration basins. If any of those checks ha only notification of the high level in the aer of the aeration basins (which is up two flig' :00am when pumps in the aeration basins of the new from the equalization basin continued to run even after isequently, the aeration basin levels began to rise. At overflow mixed liquor (partially treated wastewater mixed do so until 7:OOam. Based on flow rates at the time, 70,000- 80,000 gallons. The operator on duty had not facility even though it had treatment units in operation. was no audio or visual alarm to alert a high level in the been in place, this bypass may have been avoided. The tion basins was onscreen at a control panel at the top s of stairs). It appeared of the overflow from the aeration n basins was captured by a storm detention pond, and a silt fence appeared to have prevented mar y of the solids from reaching surface water. Baxter employees estimated that 4000 gallons of aeration tank mixed liquor (of unknown solids concentration) entered the unnamed tributary to the North Fork Catawba River. The Baxter personnel had already taken spill ;clean-up appeared to have been swi- aeration basin overflow save a few mudd, soil that had been mixed with sludge had to an appropriate disposal facility later. T now checking the new facility equipment enhance the alarm system. weral corrective actions by the time I was onsite. The post and complete. There was little remaining evidence of an spots beyond the silt fence that protected the tributary. The II been collected and placed on plastic sheeting to be taken e pump programming issue was resolved. An operator is ✓ery hour. They decided to connect the autodialer and Page# 2 Ll Permit: NC0006564 Inspection Date: 04/20/2017 Owner - Facility: Baxter Healthcare Corporation Inspection Type: Compliance Evaluation Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? 0 ❑ ❑ ❑ Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable 0 ❑ ❑ ❑ Solids, pH, DO, Sludge Judge, and other that are applicable? Comment: Lack of alarms and/or operational checks allowed a bypass from the aeratiom basins of 70.000-80.000 gallons of mixed liquor. Equalization Basins Yes No NA NE Is the basin aerated? E ❑ ❑ ❑ Is the basin free of bypass lines or structures to the natural environment? 0 ❑ ❑ ❑ Is the basin free of excessive grease? ❑ ❑ ❑ Are all pumps present? 0 ❑ ❑ ❑ Are all pumps operable? E ❑ ❑ ❑ Are float controls operable? ❑ ❑ 0 ❑ Are audible and visual alarms operable? ❑ ❑ ❑ # Is basin size/volume adequate? M ❑ ❑ ❑ Comment: A programming logic error caused the equalization basin pumps to continue pumping wastewater into the aeration basins even as they overflowed. Aeration Basins Mode of operation Type of aeration system Is the basin free of dead spots? Are surface aerators and mixers operational? Are the diffusers operational? Is the foam the proper color for the treatment process? Does the foam cover less than 25% of the basin's surface? Is the DO level acceptable? Is the DO level acceptable?(1.0 to 3.0 mg/1) Yes No NA NE Plug flow Diffused ■ ❑ ❑ ❑ ❑ ❑ ■ ❑ 4 ❑ ❑ ❑ ■ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ■ ❑ ❑ ❑ E Comment: The aeration basins overflowed for three hours because of a lack of alarms. Page# 3