HomeMy WebLinkAboutNC0032719_Email (SOC Response)_20160811Strickland, Bev
From:
Tankard, Robert
Sent:
Thursday, August 11, 2016 11:46 AM
To:
Howard, Kevin B
Cc:
Gregory, Sonia; Sipe, Randy
Subject:
RE: SOC Response
Attachments:
VALHALLA SOC S16-003.pdf
Mr. Howard, this office received your comments on the SOC. We have been in communication with DWR staff and have
revised the SOC in accordance. Please note that all dates have been extended six months. Please review, sign, and
return the document to my attention at your earliest. If you should have any questions, please don't hesitate to contact
myself or Sonia Gregory.
Thanks!
Robert
From: Howard, Kevin B
Sent: Thursday, August 04, 2016 11:54 AM
To: Tankard, Robert <robert.tankard@ncdenr.gov>
Subject: SOC Response
Robert,
I mailed this to Sonia today. For your records.
Thanks,
Kevin Howard
County Manager
252-482-8431 ext. 3
Email correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties by an authorized
state official.
1
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF CHOWAN
IN THE MATTER OF )
NORTH CAROLINA ) SPECIAL ORDER BY CONSENT
NPDES PERMIT ) EMC SOC WQ S16-003
NUMBER NCO032719 )
HELD BY CHOWAN )
COUNTY )
Pursuant to provisions of North Carolina General Statutes (G.S.) 143-215.2 and
143-215.67, this Special Order by Consent is entered into by Chowan County, hereinafter
referred to as the County, and the North Carolina Environmental Management Commission, an
agency of the State of North Carolina created by G.S. 143B-282, and hereinafter referred to as
the Commission:
1. The County and the Commission hereby stipulate the following:
(a) The County holds North Carolina NPDES Permit Number NCO032719 for operation of an
existing wastewater treatment works and is permitted to discharge treated wastewater to Pollock
Swamp, Class C-NSW waters of this State in the Chowan River Basin. However, the County is
not discharging to said outlet in accordance with NPDES Permit Number NC0032719. The
County is discharging into a settling basin (borrow pit) and the treated wastewater is infiltrating
into groundwater of the State. The County has exceeded groundwater standards at the
compliance boundary for Chloride, Iron and Manganese. Compliance will require preparation of
plans and specifications for construction and operation of additional treatment works and an
alternative means of disposal.
(b) Noncompliance with the Permit constitutes causing and contributing to pollution of the
waters of this State named above, and the County is within the jurisdiction of the Commission as
set forth in G.S. Chapter 143, Article 21.
(c) The County has secured a grant or has otherwise secured financing for planning, design, or
construction of a new or improved waste system and new disposal system which, once
constructed and operated, will be sufficient to adequately treat wastewater presently being
discharged and the additional wastewater desired to be discharged, to the extent the County will
be able to comply with final effluent permit limitations.
(d) Since this Special Order is by Consent, neither party will file a petition for a contested case or
for judicial review concerning its terms.
2. The County desiring to comply with the Permit identified in paragraph 1(a) above, hereby
agrees to do the following:
(a) As settlement of all alleged violations of NPDES Permit NCO032719 prior to entering into
this Special Order by Consent, the County agrees to pay the sum of $5000.00. A certified check
must be made payable to the Department of Environmental Quality and forwarded to the Director
of the Division of Water Resources at 1617 Mail Service Center, Raleigh, North Carolina 27699
by no later than fifteen (15) days following the date on which this Order is approved and
executed by the Commission and received by the County.
(b) Undertake the following activities in accordance with the indicated time schedule:
1} On or before July 1, 2017, submit an alternative analysis report for the
facility summarizing methods to bring the facility into compliance.
2) On or before July 1, 2017, submit a complete Comprehensive Site
. Assessment (CSA) in accordance with 15A NCAC 02L .0106 (g).
3) On or before December 1, 2017, submit complete plans and specifications
and any applications for necessary permits or permit modifications to
address necessary water treatment plant improvements.
4) On or before December 1, 2017, submit a Corrective Action Plan (CAP) in
accordance with 15A NCAC 02L .0106 (h) to address groundwater
violations.
5) On or before July 1, 2018, begin construction of the proposed wastewater
treatment plant and disposal system modifications.
6) On or before January 1, 2020, complete construction.
7) On or before May 1, 2020, achieve compliance with all final permit
effluent limits and permit conditions.
8) Provide the Washington Regional Office with quarterly progress
reports. Reports are due within 30 days following the end of each calendar
quarter. The quarterly reports shall include, at a minimum, documentation
of the County's status of operation of the current treatment system and the
status of permit modification and new treatment and disposal system
construction activities. The first quarterly report is due prior to
October 31, 2016, and then reports are due as noted above.
(c) The County shall comply with all terms and conditions of the permit. The County shall
collect groundwater samples from the three monitoring wells located on the compliance
boundary every quarter and have those samples analyzed for Chlorides, Iron and Manganese.
The County shall submit the results in the required quarterly progress report. The County may
also be required to monitor for other parameters as deemed necessary by the Director in future
permits or administrative letters.
(d) No later than thirty 3 0 calendar days after an date identified for accom lishment of an
activity listed in 2(b) above, submit to the Director of DWR written notice of compliance or
noncom liance therewith. In the case of noncompliance, the notice shall include a statement of
the reasons for noncompliance, remedial actions taken and a statement identifying the extent
to which subsequent dates or times for accomplishment of listed activities mqy be affected.
3. The County agrees that unless excused under paragraph four (4), County will pay the Director
of DWR, by check payable to the North Carolina Department of Environmental Quality,
stipulated penalties according to the following schedule for failure to meet deadlines set out in
paragraphs 2(b) and 2(d).
Failure to meet a schedule date.
$100/day for the first 7 days;
$500Iday thereafter
Failure to comply with SOC condition.
$500/day until condition is met
Failure to achieve compliance with final effluent
limitations at final compliance deadline.
$10,000.00
Failure to submit pro ress reports.
$1000.00/violation
Failure to perform and/or submit required
sampling in accordance with this document.
$1000.00/violation
4. The County and the Commission agree stipulated penalties are not due if County satisfies the
Division, noncompliance was caused solely by:
a. An act of God;
b. An act of war;
C. An intentional act or omission of a third party, but this defense shall not be available if
the act or omission is that of an employee or agent of the defendant or if the act or omission
occurs in connection with a contractual relationship with the County;
d. An extraordinary event beyond the County's control. Contractor delays or failure to obtain
funding will not be considered as events beyond the County's control; or
Any combination of the above causes.
Failure within thirty (30) days of receipt of written demand to pay the penalties, or challenge
them by a contested case petition pursuant to G.S. 150B-23, will be grounds for a collection
action, which the Attorney General is hereby authorized to initiate. The only issue in such an
action will be whether the thirty (30) days has elapsed.
5. This Special Order by Consent and any terms, conditions and interim effluent limitations
contained herein, hereby supersede any and all previous Special Orders, Enforcement
Compliance Schedule Letters, terms, conditions, and limitations contained therein issued in
connection with NPDES Permit No. NC0032719.
6. Noncompliance with the terms of this Special Order by Consent are subject to enforcement
action in addition to the above stipulated penalties, including injunctive relief pursuant to G.S.
143-215.6.(C).
9. The County, upon signature of this Special Order by Consent, will be expected to comply
with all schedule dates terms and conditions of this document.
10. This Special Order by Consent shall expire September 1, 2020.
For the County of Chowan
Print Name and Title of Signing Official
Date
Signature of Signing Official
For the North Carolina Environmental Management Commission:
Date
Chairman of the Commission