Document N2nzg8Bx1a5Kya1JNQQ57xvLV

REGION 10 SEATTLE, WA 98101 RETURN RECEIPT REQUESTED Mr. Shaun Burgess Public Works Supervisor City of Toppenish 21 West 1st Avenue Toppenish, Washington 98948 Re: NOTICE OF VIOLATION City of Toppenish Wastewater Treatment Plant NPDES Permit Number WA0026123 Dear Mr. Burgess: The U.S. Environmental Protection Agency (EPA) appreciates your time and cooperation during EPA's August 24, 2022, Clean Water Act (CWA) inspection of the City of Toppenish Wastewater Treatment Plant ("Facility") and the subsequent conversations your staff had with EPA compliance officer Donna Ortiz. EPA inspected the Facility and reviewed administrative files to assess the Facility's compliance with the requirements of the CWA and the National Pollutant Discharge Elimination System (NPDES) general permit WA0026123 ("Permit"). The Facility is permitted to discharge under the Permit WA0026123, which became effective on July 1, 2013 and has been administratively extended since the expiration date of June 30, 2018. The purpose of this letter is to notify you of violations EPA has identified following the inspection and file review. 1. Part I.B.1 of the Permit states, in part, "The permittee must comply with effluent limits at all times unless otherwise indicated." EPA reviewed DMRs from September 2019 through September 2024 and identified 34 effluent limit exceedances that constitute 860 violations of the CWA, 33 U.S.C. 1251 et seq. A list of these violations is show in Appendix A. Failures to comply with the effluent limits are violations of part I.B.1 of the Permit. 2. Part II.B.2 of the Permit states: "Throughout all sample collection and analysis activities, the permittee must use the EPA-approved QA/QC and chain-of-custody procedures described in the most recent version of Requirements for Quality Assurance Project Plans (EPA/QA/R-5) and Guidance for Quality Assurance Project Plans (EPA/QA/G-5). The QAP must be prepared in the format which is specified in these documents." At the time of the inspection, the inspector noted the Facility's QA Plan was not prepared in the format cited above. The QA plan did not use correct section titles; did not have current laboratory contact information; did not list qualifications and training of employees; and did not have a distribution list. Part II.B.3.d of the Permit states: "The QA plan must include the "Name(s), address(es) and telephone number(s) of the laboratories used by or proposed to be used by the permittee." At the time of the inspection, the inspector noted the Facility's QA Plan contained contact information for a previously used contract laboratory but did not contain any information on its current contract laboratory. Failure to have these prescribed elements are violations of Part II.B.3.d of the Permit. 3. Part III.C of the Permit states: "Monitoring must be conducted according to test procedures approved under 40 CFR Part 136...". Table 1 in Part I.B of the Permit identifies parameters that must be monitored, that include in part: 5-day Biochemical Oxygen Demand (BOD5), Total Suspended Solids (TSS), Ammonia, Nitrate/nitrite, Phosphorus, Alkalinity, Oil/Grease, Total Dissolved Solids (TDS), Total Kjeldahl Nitrogen (TKN) and Whole Effluent Toxicity (WET). 40 CFR Part 136 Table II shows the preservation temperature for these parameters is 6C. During the inspection, the inspector reviewed chain-of-custody (COC) documents from January 2020 through January 2022. Most of the COC documents reviewed were either missing the temperature upon receipt by the lab or the temperature was more than 6C, ranging from 8C to 21C. Part II.B.2 of the Permit states: "Throughout all sample collection and analysis activities, the permittee must use the EPA-approved QA/QC and chain-of-custody procedures described in EPA Requirements for Quality Assurance Project Plans (EPA/QA/R-5) and Guidance for Quality Assurance Project Plans (EPA/QA/G-5)." For multiple monitored parameters on multiple dates, the Facility lacked COC documentation. These are violations of Part II.B.2 of the Permit. COC documentation reviewed shows the sample cooler temperatures exceeded 6C for the following dates: January 27, 2021 (TSS, TKN, Nitrate/Nitrite, Oil/Grease, WET @ 14C); January 29, 2021 (TDS, TKN, WET @ 17C); February 1, 2021 (TDS, Phosphorus, TKN, WET @ 16C); March 24, 2021 (TDS, TKN, WET @ 14C); March 26, 2021 (TDS, TKN, Nitrate/Nitrite, Alkalinity @ 10C); April 7, 2021 (TDS, TKN, WET @ 13C); April 9, 2021 (TSS, TKN, WET @ 10C); April 12, 2021 (TDS, TKN @ 17C); May 11, 2021 (TDS, TKN, WET @ 7C); May 13, 2021 (TDS, TKN, WET @ 10C); June 3, 2021 (TDS, TKN, Alkalinity, Oil/Grease @15C); April 8, 2022 (TDS, TKN @ 18C); and June 2, 2022 (TDS, TKN, Alkalinity, Oil/Grease @ 17C). 2 Failures to conduct monitoring according to test procedures approved under 40 CFR Part 136 are violations of Part III.C of the Permit. 4. Part IV.E of the Permit states: "The permittee must 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 compliance with the conditions of this permit." At the time of the inspection, the inspector noted the Facility's influent screen and heat exchanger were inoperable. This is a violation of Part IV.E of the Permit. The Facility is requested to respond, in writing, to the findings stated above within 30 days of receipt of this letter. Your response should include the causes of the violations and the measures taken to address the current violations and prevent future violations. The request for information in this letter is made under the authority of Section 308 of the CWA, 33 U.S.C. 1318. In accordance with the provisions of 40 C.F.R. 2.203(b), you may assert a business confidentiality claim covering part or all the information submitted by clearly identifying it as "confidential." If no such claim accompanies the information when it is received by the EPA, it may be made available to the public without further notice. Please send your response letter via email to: Nicolas Haddad Compliance Officer U.S. Environmental Protection Agency haddad.nicolas@epa.gov EPA's Small Business Resources Information Sheet provides information on compliance assistance that may be helpful to you. For more information about the CWA regulations and requirements, please visit the EPA's webpage: https://www.epa.gov/enforcement/water-enforcement. Although our goal is to ensure NPDES facilities and projects comply fully with their permits, the ultimate responsibility rests with the permittee. I strongly encourage you to continue your efforts to maintain full knowledge of permit requirements, other appropriate statutes and to respond appropriately to ensure compliance. Notwithstanding your response to this letter, EPA retains all rights to pursue enforcement actions to address these and any other violations. 3 If you have any questions concerning this matter, please do not hesitate to contact Nicolas Haddad, of my staff, at haddad.nicolas@epa.gov or (206) 553-2140. Sincerely, PETER CONTRERAS Digitally signed by PETER CONTRERAS Date: 2024.09.17 09:32:29 -07'00' For Jeff KenKnight, Manager Water Enforcement and Field Branch Enforcement and Compliance Assurance Division cc: Mr. Dan Musgrave Lead Wastewater Treatment Operator, City of Toppenish Ms. Elizabeth Sanchey Environmental Management Program Manager, Yakama Nation 4 Appendix A Permit Part I.B.1: Effluent Limit Violations Month Pollutant Reported Permit Unit Value Limit February 2021 Zinc, total recoverable 99.3 50.49 ug/L February 2021 Zinc, total recoverable 120 106 ug/L March 2021 Zinc, total recoverable 126 50.49 ug/L March 2021 Zinc, total recoverable 172 106 ug/L April 2021 Zinc, total recoverable 101.63 50.49 ug/L April 2021 Zinc, total recoverable 108 106 ug/L May 2021 Zinc, total recoverable 104.33 57.4 ug/L June 2021 Zinc, total recoverable 92 57.4 ug/L July 2021 Zinc, total recoverable 68.5 57.4 ug/L August 2021 Zinc, total recoverable 74 57.4 ug/L September 2021 Zinc, total recoverable 72.25 57.4 ug/L October 2021 Zinc, total recoverable 64 50.49 ug/L November 2021 Zinc, total recoverable 67.16 50.49 ug/L December 2021 Zinc, total recoverable 59 50.49 ug/L January 2022 Zinc, total recoverable 61 50.49 ug/L February 2022 Zinc, total recoverable 88 50.49 ug/L March 2022 Zinc, total recoverable 70.5 50.49 ug/L April 2022 Zinc, total recoverable 61 50.49 ug/L May 2022 Zinc, total recoverable 69.6 57.4 ug/L Limit Type Monthly average Daily max Monthly average Daily max Monthly average Daily max Monthly average Monthly average Monthly average Monthly average Monthly average Monthly average Monthly average Monthly average Monthly average Monthly average Monthly average Monthly average Monthly average Number of Violations 28 1 31 1 30 1 31 30 31 31 30 31 30 31 31 28 31 30 31 5 Month Pollutant Reported Permit Value Limit June 2022 Zinc, total recoverable July 2022 Zinc, total recoverable August 2022 Zinc, total recoverable November 2022 Zinc, total recoverable December 2022 Zinc, total recoverable June 2023 June 2023 July 2023 July 2023 July 2023 Fecal coliform, MPN, EC med, 44.5 C Fecal coliform, MPN, EC med, 44.5 C Copper, total recoverable Copper, total recoverable Copper, total recoverable July 2023 July 2023 Fecal coliform, MPN, EC med, 44.5 C Fecal coliform, MPN, EC med, 44.5 C July 2023 Solids, suspended percent removal August 2023 October 2023 Fecal coliform, MPN, EC med, 44.5 C Nitrogen, ammonia total [as N] 71.4 64 62 78 75 117.49 243.3 0.2 36 36 182 226.7 66.8 173.8 1.4505 57.4 57.4 57.4 50.49 50.49 100 200 0.14 9.71 16.3 100 200 85 100 1.35 Unit ug/L ug/L ug/L ug/L ug/L #/100mL #/100mL lb/d ug/L ug/L #/100mL #/100mL % #/100mL mg/L Limit Type Monthly average Monthly average Monthly average Monthly average Monthly average Monthly geometric mean Daily max Monthly average Monthly average Daily max Monthly geometric mean Daily max Monthly average mean Monthly geometric mean Monthly average Number of Violations 30 31 31 30 31 30 1 31 31 1 31 1 31 31 31 6