NC0006190_NOV-2018-TX-0010_20180817

NORTH CAROLINA
ROY COOPER Environmental quality
Govcmar
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Interim Director
August 17, 2018
CERTIFIED MAIL: 7012 22100002 3534 9359
Mr. Donald A Burkey, Jr.
South Fork Industries, INC
174 High Ridge Road
Maiden, NC 28650
SUBJECT: NOTICE OF VIOLATION: NC NOV-2018-TX-0010
Whole Effluent Toxicity (WET) Testing
NPDES Permit No. NC0006190
South Fork Industries, Maiden Plant WWTP
Catawba County
Dear Mr. Owens:
RECEIVEDINCDENRIDWR
AUG 2 4 2018
WQROS
MOORESVILLE REGIONAL OFFICE
This is to inform you that a review of your toxicity self-monitoring report form for the month of March 2018 indicates a violation
of the toxicity limitation specified in your NPDES Permit.
You should take whatever remedial actions are necessary to eliminate the conditions causing the effluent toxicity violation(s).
Your efforts may include conducting a Toxicity Reduction Evaluation (TRE), a site-specific study designed to identify the
causative agents of effluent toxicity, isolate the sources of toxicity, evaluate the effectiveness of toxicity control options, and
confirm reductions in effluent toxicity. Please be aware that North Carolina General Statutes provide for assessment of civil
penalties for violations of NPDES permit limitations and requirements.
The reverse side of this Notice contains important information concerning your Whole Effluent Toxicity Monitoring and Reporting
Requirements. Please note appropriate mailing addresses forsubmitting your Discharge Monitoring Reports (DMRs) and Aquatic
Toxicity (AT) Test Forms. 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 Mr. John Giorgino with this office at (919) 743- 8441.
cc: Wes Bell -Mooresville Regional Office
Aquatic Toxicology Branch
Central Files
Sincerely
Cindy re, Supervisor Aquatic Toxicology Branch
Division of Water Resources, NCDEQ
North Carolina Department of Environmental Qualityl Division of Water Resources/ Water Sciences Section
4401 Reedy Creek Road 11621 Mail Service Center I Raleigh, North Carolina 27699-1621
919-743-8400

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 testing and
reporting requirements contained in your NPDES permit. If you should have any questions about your toxicity testing requirement,
please contact Mr. John Giorgino with the Aquatic Toxicology Branch at [phone] or another Branch representative at the same
number.
➢ 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 requirement. All toxicity test results must be entered (with the appropriate
parameter code) on your monthly Discharge Monitoring Report which is submitted to:
North Carolina Division of Water Resources
Central Files
1617 Mail Service Center
Raleigh, NC 27699-1617
IN ADDITION
Toxicity test data (original "AT" form) must be submitted to the following address:
North Carolina Division of Water Resources
Water Sciences Section
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 reporting period leg,
January test result is due by the end of February).
➢ Toxicitytest condition language contained in your NPDES permit may require use of multiple concentration toxicitytesting 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.
➢ Toxicity testing months are specified by the NPDES Permit, except for NPDES Permits which contain episodic toxicity monitoring
requirements leg, if the testing months specified in your NPDES permit are March, June, September, and December, then toxicity testing
must be conducted during these months).
➢ 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.
➢ If you receive notification from your contract laboratory that a test was invalidated, you should immediately notify the Water Sciences
Section at [phone] and provide written documentation indicating why the test was invalidated and the date when follow-up
testing will occur.
➢ 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.
➢ The Aquatic Toxicity Test forms sha 11 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.
➢ 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.