NC0032719_Email (SOC S16-003 Rev3)_20161021

Strickland, Bev
From: Tankard, Robert
Sent: Friday, October 21, 2016 1:36 PM
To: Sipe, Randy
Subject: Valhalla soc
Attachments: Vahalla SOC S16-003 rev3.doc
Robert Tankard
Assistant Regional Supervisor
Division of Water Resources
Water Quality Regional Operations Section
943 Washington Square Mall
Washington, NC 27889
252-948-3921 office
252-975-3716 fax
[e-mail]
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Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.

NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF CHOWAN
IN THE MATTER OF )
NORTH CAROLINA ) SPECIAL ORDER BY CONSENT
NPDES PERMIT ) EMC SOC WQ S 16-003
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 March 1, 2018, 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 (30) calendar days after any date identified for accomplishment of any
activity listed in 2(b) above, submit to the Director of DWR written notice of compliance or
noncompliance therewith. In the case of noncompliance, the notice shall include a statement of
the reason(s) for noncompliance, remedial action(s) taken, and a statement identifying the extent
to which subsequent dates or times for accomplishment of listed activities may 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;
$500/day 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 progress 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
e. 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