Frequently Asked Questions About DMRs and NPDES Permit Compliance
1.) Where should a Permittee's questions be directed at SCDHEC and how should they be presented (mail, phone, E-mail)?
It depends on the question. Questions concerning permit limits and requests for permit modifications should be answered by the permit writer. All questions concerning permit compliance, with the exception of those pertaining to groundwater, should be directed to the Water Pollution Enforcement Section, Bureau of Water. Groundwater reports and questions should be directed to the Groundwater Quality Section, Bureau of Water.
2) Who has the authority to offer the SCHEC official position on DMR reporting issues, when conflicts arise?
Robin Foy, Manager, Water Pollution Enforcement Section (803) 898-4265 DMR Reporting -General Questions:
3) What color pen should I use to complete the DMR?
If completing the DMR by hand, SCDHEC requests that you use a color other than black.
4) What are the most common mistakes that SCDHEC sees in completing a DMR?
The most common mistakes are incorrect monitoring periods.
5) Before submitting the completed DMR to SCDHEC, is there a checklist the Permittee can use to check over his/her DMR to ensure that it is correct and complete?
SCDHEC does not furnish a checklist. The DMR should be carefully reviewed by the Permittee before it is submitted to SCDHEC.
6) What other information needs to be submitted with the completed DMR form?
Only information related to the DMR should be attached to the DMR. Attachments may include toxicity forms, explanations of violations, and analytical methods & detection limits.
7) What does the Permittee do if their DMR is returned to them for being incomplete or for a mistake?
The DMR should be corrected and returned to SCDHEC as soon as possible.
8) When are the DMRs due to be reported to SCDHEC?
Permits state that DMRs are to be submitted to SCDHEC within 28 days of completion of the monitoring period.
9) What is a Notice of Violation (NOV)?
A NOV, a letter of violation or notice of an enforcement conference, is an enforcement action. A NOV will be sent for any violation of the Pollution Control Act or Water Pollution Control Regulation. Examples of violations are: reporting, monitoring, effluent, compliance schedule, unauthorized discharges, operation & maintenance, storm water, groundwater and agricultural.
10) What does the Permittee do if they receive a NOV?
The Permittee should read the NOV and follow the instructions/requirements outlined therein.
11) How many NOVs can a Permittee receive before enforcement action is taken by SCDHEC?
A NOV is an enforcement action.
12) If a Permittee uses two or more laboratories to analyze for a compliance parameter, how are two or more laboratory identification numbers to be placed on the DMR forms?
They may either be entered in the same space provided for the laboratory identification number or listed in the Comments Section of the DMR.
13) What is the definition of an exception and when should it be used?
Please offer examples.
An exception is a permit violation. In the context of DMR reporting, examples of exceptions are: effluent violations, failure to monitor in accordance with permit requirements and failure to obtain a valid analysis value for a parameter.
14) Will a Permittee receive an NOV for reporting exceptions?
NOVs are issued for reporting violations.
15) Can greater than (>) and less than (<) symbols be used for reporting sample analysis results on the DMR form? If not, how is a fecal coliform result of greater than (>) 240 colonies per 100 milliliters to be reported, especially when the daily limit is 400/100mLs?
Less than (<) symbols may be used for reporting on the DMRs but not in cases such as use of the proper PQL. Greater than (>) symbols should never be used. If the fecal coliform analysis was not run to a low enough dilution, the result should not be reported as a greater than number. It should be reported as 999999 (6 nines.) If yes on reporting the symbols, once a greater than (> ) or less than ( <) symbol is reported by the facility, does the symbol follow throughout the monthly average and the geometric mean calculation?
The less than (<) symbol should also be used in determining an average or geometric mean.
16) My facility has been compliant for toxicity for 12 months. Who do I contact at SCDHEC to obtain reduced monitoring?
These requests should be made to the permit writer since the permit will have to be modified if the request is granted. The request should include the data used to determine compliance.
17) What is a CBI and how many of them a year does SCDHEC do?
A CBI is a Compliance Biomonitoring Inspection. It is typically performed in conjunction with a Federal Compliance Sampling Inspection (FCSIs). The goal of the CBI is to retrieve toxicity data to supplement effluent data during FCSIs. The goal is to perform CBIs on 10 percent (%) of major dischargers with toxicity requirements, annually.
18) Is there enough room in the comments section of the DMR to write required information or is an attachment acceptable? If so, what information is needed on the heading of the attachment?
Attachments are often used to report test methods, detection limits and permit violations. All attachments should have the facility name, permit number, and county on the reference line or heading. (Toxicity attachment forms are required and are furnished by SCDHEC when the permit is issued or modified.)
19) Under frequency of analysis, if I am required to sample a parameter 5/7 and one of the five samples is considered invalid after analyzing for a parameter and it is determined that it is laboratory error or QAQC problems, will my frequency still be 5/7 or will the invalid sample change the frequency, since it cannot be reported? If this changes the frequency, will this become an exception too?
Invalid sample results are reflected in the frequency of analysis and number of exceptions columns. Frequency of analysis refers to valid sample results. When the monitoring requirement is 5/7 and one sample is invalid, the frequency of analysis becomes 19/30. (5/7 for four weeks is the equivalent of 20/30) The number of exceptions column should reflect the number of invalid and/or missed samples.
BOD - QAQC:
20) Whenever a BOD sample's QAQC does not meet the method required QAQC standards and this BOD result is not used in the daily, weekly, or monthly DMR reporting and the Permittee only sampled/analyzed the minimum amount of samples required, would the invalid BOD sample be considered an exception on the DMR for not meeting the frequency of analysis?
Yes
21) Will the Permittee receive an NOV for this exception?
Failure to monitor and report in accordance with permit requirements will result in the issuance of a NOV.
22) If yes to the above question, and the Permittee has to report UOD would this same exception be reported too?
Yes
23) Regarding BOD, Standard Methods 5210B states that all dilutions that meet the criteria of 2.0 mg/L DO depletion and at least a residual of 1.0 mg/L, should be used for reporting unless some signs of anomalies exist. If all dilutions meet this criterion, but there is one odd result, should the odd result be discarded? For example there are three dilutions, 300/1, 300/3, and 300/6 milliliters.
All of the dilutions meet the 2:1 Rule, however the 300/1 dilution gives a result of 650 mg/L BOD and the other dilutions yield results of 285 and 270 mg/L BOD. Should the 650 mg/L dilution be discarded even though it meets the 2:1 Rule criteria? The contract laboratory we use discards any odd results based on the 35 percent (%) Rule. What is the 35 percent (%) Rule?
The value of 650 mg/L would be considered an anomaly and not used for reporting. There is no longer a 35 percent (%) Rule.
24) If my final average BOD result is 372.6 mg/L, how do I report this result? Should I round up to 373 mg/L or round down to 370 mg/L or round up to 375 mg/L ? For 376.8 mg/L, would the result be reported as 380 mg/L or 377 mg/L ?
BOD should be reported to two significant figures. Therefore, round 372.6 mg/L down to 370, round 376.8 mg/L up to 380 mg/L.
25) Should BOD QAQC criteria include the following?
Maximum initial DO 7- 9 mg/L and minimum final DO (after 5-day incubation period) of 1.0 mg/L.
The final DO depletion (after 5-days) of at least 2.0 mg/L. Dilution water blank DO uptake should not be more than 0.2 mg/L and preferably not more than 0.1 mg/L after the 5-day incubation period. The Seed Correction Factor (SCF) should be between 0.6 mg/L and 1.0 mg/L.
25a) Based on the above criteria will the test be considered invalid if the initial DO is greater than 9.0 mg/L?
Yes, because the initial DO was greater than 9.
25b) A sample has a final DO of 5.10 mg/L after the 5-day incubation period, and the depletion is 1.90 mg/L, is this test considered invalid?
Yes, because samples were not depleted at least 2.0 mg/L.
25c) After the 5-day BOD test a sample has a final DO of 0.95mg/L and the sample depleted 6.55 mg/L. Is this test considered invalid?
No, this is a valid test, since 0.95 would be rounded up to 1.0 mg/L.
25d) After the 5-day BOD test, the dilution water blank DO uptake is 0.22 mg/L. Is the test considered invalid?
No, this is a valid test since 0.22 mg/L would be rounded to 0.2 mg/L.
25e) Will the BOD test be considered invalid if the SCF is 0.58 mg/L ?
No, this is a valid test since 0.58 mg/L is rounded to 0.6 mg/L.
25f) Will the BOD test be considered invalid if the SCF is 1.16 mg/L ?
Yes, this is invalid because a SCF of 1.2 mg/L is greater than the acceptable range of 0.6 to 1.0 mg/L.
*All data reported on DMRs must meet QA/QC criteria as set forth in Standard Methods approved methodology.
Toxicity DMR Compliance and Reporting26) Why do the Permittees need to complete two SCDHEC forms (3710 and 3420) and the NPDES DMR form to report toxicity results?
These forms replaced a two-page form designed to report all aspects of a pass/fail test. They provide information that allows us to determine the severity of individual failures. The information is entered into a database, which allows us to do statistics on large numbers of tests. Since more than one toxicity test may be performed during a reporting period, we need a separate form to report each toxicity test
27) In "Instructions for Completing DHEC form 3710, 'DMR Attachment for Multi-concentration Toxicity Test Results' page 2, third paragraph it says" If more than one test is performed in the monitoring period, the average is average of the higher of the percent (%) survival or percent (%) reproduction effect at the CTC for each test. Should this read, " If more than one test is performed in the monitoring period, the average is the higher of the average percent (%) survival or percent (%) reproduction effect at the CTC for each test"? Please explain your answer.
No. “Percent effect” is the percent of the test population effected, regardless of the measured effect (i.e., mortality or reproduction). Therefore, the percent effect of an individual test to be averaged in a reporting period, is average of the higher of the percent (%) survival or percent (%) reproduction effect at the CTC for each test
28) Also in the same paragraph it says, "The maximum is the maximum percent (%) effect at CTC of all the tests. "Does that mean that if you have 3 samples in the quarter and therefore have 3 daily percent (%) survival effects and 3 daily percent (%) reproduction effects for the quarter then the maximum number to report on the DMR would the highest of the 6 values?
Yes. Same rationale as #27.
29) A permit specifies that a macroinvertebrate study must be performed. The permit becomes effective in September, and the first assessment is required to be performed in July and August according to the language in their permit and the second assessment is scheduled to be performed in January and February. When must the first assessment be performed?
A review of the permit should answer this question. Not all permits require two macro-invertebrate assessments a year. For those that do, the permit states that one, not the first, assessment should be conducted in July or August (not July and August) and, if a second one is required, it should be conducted in January or February. If the facility is required to conduct two assessments each year, the first assessment should be conducted during the first assessment period after the permit becomes effective. In this case it would be January or February. If only one assessment per year is required, it is usually conducted in July or August.
30) Are toxicity test samples required to be collected on the same day as all other parameters in the permit or do the tests just have to be completed so as to meet the frequency requirement?
If yes to they must be collected on the same day specified in the permit, then what about chronic toxicity test samples that must be samples three times over a six-day period.
Prescribing a day to perform monitoring activities in the permit is beneficial to Department as well as the Permittee. Such a requirement affords the district monitoring staff an opportunity to observe sampling activities at the facility, as well as, the Permittee an opportunity to split samples with SCDHEC. Also, this approach obviously generates more comparable data. Currently, most permits specify that the Permittee shall monitor all parameters on a specific day of the month, unless otherwise approved by SCDHEC. Permittees must also perform additional monitoring to satisfy frequency requirements. However, due to the challenges associated with toxicity sampling, more recent permits may only require the Permittee to meet the frequency requirements and exempt the Permittee from sampling for toxicity on a specific day.
Permit Compliance Issues:
31) A wastewater treatment plant typically operates at normal conditions producing a very clean effluent and meeting all permit requirements. However on one particular day, this WWTP has experienced an operation difficulty and equipment malfunction for a few hours therefore, they are out of compliance in regard to their effluent limits. The plant operational personnel argue that because this is not a representative sample or atypical operation of the plant, the scheduled effluent sampling and testing should be delayed until the problem is corrected and plant operations are back to normal. Do plant operation personnel have a valid argument in this case? Could the sampling and testing be delayed or postponed and still be compliant? Please give examples.
WWTFs are required to meet effluent limitations 24 hours a day, not just when samples are taken. Monitoring must be conducted in accordance with permit requirements. Violations often occur when equipment malfunctions. An upset can be claimed only if the incident meets the definition of an upset as set forth in the permit. If a violation occurs, the Permittee may do additional monitoring to bring the monthly average into compliance. No examples are required.
32) A laboratory is certified to perform the 5-day BOD test but is experiencing NBOD in some samples and is considering switching to Carbonaceous BOD (CBOD) by adding a nitrification inhibitor TCMP to each BOD bottle? Is it acceptable to add this nitrification inhibitor without asking for a permit modification or asking permission from SCDHEC?
It is acceptable to obtain CBOD results, but CBOD results may not be substituted for BOD results on the DMR. The Permittee may consider obtaining CBOD results additionally to help explain BOD results and report those results on an attachment to the DMR. A permanent change to CBOD will require Department approval and a permit modification.
33) Does the laboratory need to apply and be certified to analyze for and report CBOD on the DMR?
Yes, the lab must apply and become certified to report CBOD on DMRs.
34) When collecting a 24-hour composite sample, what is the allowable variance on the 24-hour period? For example, is it allowable for the composite sample to collect 24 hours +/- 2 hours?
There is no set variation. A 24-hour composite sample is just that, 24 hours. However, as a rule of thumb, when you arrive at the facility to rob the sampler and see that the sampler will not pick up another sample before the end of the 24-hour period, you can go ahead and stop it and collect your sample. Therefore, any shortening of the 24-hour period is going to depend on the flow and sampler settings. The goal is to the collect a sample that is representative of the 24-hour period and the best way to do that is to ensure you collect as many aliquots, based on the flow, during that 24-hour period.
35) Must the chain-of-custody form document the date and time the composite starts and ends as well as the time the sample is harvested? What type of documentation is required for the composite sample?
Yes. The chain of custody is required for the composite sample. The chain-of-custody documents the date, and time the composite sampler starts and ends. This information is located in the Date - From/To and the Time Collected - In/Out slots, respectively. The time samples are harvested is not required. Monitoring staff document an array of information as required by the chain-of-custody form in the field quality control logbook
36) Is it a requirement that the temperature of the composite sample be measured and documented as the sample is harvested?
Yes , the temperature of the composite sample is required to be checked by pouring a portion of the sample into a container and logging the temperature into the field logbook
37) Does the temperature of the composite sample at collection have to be documented on the chain-of-custody form for the contract laboratory that performs the analysis?
If temperature is part of the preservation required for a sample then the temperature must be documented to prove that it was maintained at the required temperature. Laboratory Certification approves chain-of-custody forms used by contract laboratories.
38) BOD analysis is the test everyone loves to hate. It has so many factors affecting the test, so many things that can go wrong, but the analyst will not know that something has gone wrong until the end of the 5 days. Is there any hope of using an alternative test such as COD or TOC to replace the BOD test in the near future?
Many effluent guidelines, including secondary treatment standards, require BOD. This will not change unless EPA revises the regulations. The effluent guidelines regulations are found in 40 CFR Chapter I Subchapter N: Effluent Guidelines and Standards. Secondary Treatment Regulations are found in R.61-9.133.
39) For DMR reporting it is essential that a Permittee know the analytical method that a laboratory uses along with their PQL. Does SCDHEC have requirements pertaining to the items required to be documented on a laboratory's certificate of analysis? If not, how can the laboratory be sure that the analytical method reported by the laboratory can meet the required PQLs?
Yes, the permit specifies what analytical methods and detection limits to demonstrate compliance.
40) If your daily permit limit for copper is 0.009 mg/L, the required PQL for copper in the permit is 0.010 mg/L, your contract lab has a detection limit of 0.005 mg/L for copper, and you report a daily result of 0.010 mg/L, is this a violation?
Yes, it is a violation. Since the lab can report lower than required, the value obtained must be reported.
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