NC0059218_plan of action_20111128 (2)

NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF DAVIDSON
IN THE MATTER OF )
NORTH CAROLINA ) SETTLEMENT AGREEMENT
NPDES PERMIT NCO059218 )
CAPTAIN STEVEN'S SEAFOOD RESTAURANT )
Pursuant to provisions of North Carolina General Statute § 143-215.3(a)(6), this Settlement
Agreement is entered into by the Captain Steven's Seafood Restaurant, herein referred to as
Captain Steven's, and the North Carolina Environmental Management Commission, an agency of
the State of North Carolina created by N.C. General Statute § 14313-282, and hereinafter referred
toasthe Commission:
1. Captain Steven's and the Commission hereby agree to the following findings:
(a.) Captain Steven's holds North Carolina NPDES permit NCO059218 for operation of the
Captain Steven's wastewater treatment plant (WWII') and for making an outlet therefrom
for the discharge of treated wastewater to an unnamed tributary to Reedy Creek, Class C
waters of this State in the Yadkin -Pee Dee River Basin.
(b.) Effluent limits included as terms of NPDES permit NCO059218 have been established as
those concentrations of pollutants that may be discharged into the receiving stream without
causing applicable water quality standards to be contravened.
(c.) The Captain Steven's W WTP has been noncompliant with the effluent limits contained in
NPDES permit NCO059218 in the manner and to the extent described in Attachment A to this
Order. Reported violations of effluent limits have persisted from January 2009 through July
2011.
(d.) Captain Steven's has been assessed penalties totaling $21,101.56 in the matters of nineteen
(19) separate civil assessment cases, as noted in Attachment B, for violations of effluent limits
contained in NPDES permit NC0059218.
(e.) As of the date of this agreement, Captain Steven's remains in noncompliance with the
effluent limits contained in NPDES permit NC0059218. Further noncompliance with permit
limits is anticipated if nothing is changed at the W W TP
(f) On November 3, 2011, Captain Steven's submitted a corrective action plan for returning the
facility to consistent compliance with the terms of the NPDES permit.
2. Based upon the above findings, Captain Steven's and the Commission agree to the implementation
of the following schedule (based upon the plan of action described in 1(f.) above):
(a.) Complete Schematic Design/ Design Development/ Construction Drawings by January 31,
2011'
(b.) Submit Request for Authorization to Construct (AWC), if necessary by January 31, 2012 v�

Captain Steven's Seafood Restaurant Settlement Agreement
NC0059218
p• 2
(c.) Begin W WTP Construction and improvements by February 29, 2012, or within 30 days of
receipt of DWQ approval of AtoC.
(d) Complete Construction and Begin Operational Review by April 302012, or within 60 days of
beginning construction.
(e.) Captain Steven's Seafood Restaurant must provide written notification to the Winston-Salem
Regional Office, Surface Water Protection Section, of compliance with activities listed in
paragraph 2, within seven calendar days of completion of the tasks listed in 2 (a d).
(f.) Request a technical assistance visit from the staff of the Winston-Salem Regional Office to
observe WWTP upgrades by May+15, 2012.
(g.) Return to consistent compliance or enter into a Special Order by Consent no later than July `
31, 2012, or, within 90 days of the completion of construction. "Consistent compliance" as
stated above is defined as being compliant with all terms and conditions ofNPDLSpermit
NC0059218, as primarily evidenced by data submitted on Discharge Monitoring Reports
(DMRs), for the months May 2012 through June 2012.
3. Nothing in this Agreement relieves Captain Steven's of its duty to abide by the terms of NPDES
permit NC0059218. Noncompliance with the terms of the NPDES may subject Captain Steven's to
the assessment of additional civil penalties during the time this Agreement is in effect. However, the
Division will use discretion in its consideration of civil penalty assessments for violations of permit
limits that occur during the life of the Agreement.
4. Failure to comply with the terms of this Agreement may subject Captain Steven's to the assessment
of additional civil penalties pursuant to Part B, Section B (2.) (the "Duty to Mitigate" condition) of
NPDES permit NC0059218.
5. Upon Captain Steven's complete satisfaction of the terms of this Agreement, the outstanding balance
of civil penalties noted in paragraph L(d.) shall be reduced to the total amount of.$1,951.56. '
6. Requests, actions and or reports required by the terms of paragraph 2 above shall be deemed overdue
if they are not made, completed or submitted by the dates specified. The burden for providing
sufficient documentation of the satisfaction of the terms of this Agreement is held entirely by
Captain Steven's.
7. Because this is an Agreement between the Commission and Captain Steven's, neither party will file
a petition for a contested case or for judicial review concerning its terms.

Captain Steven's Seafood Restaurant Settlement Agreement
NC0059218
p. 3
8. Captain Steven's may request an extension/modification to this Agreement. Such request must be
made in writing to the Division of Water Quality's Winston-Salem Regional Office_ The request
must include reasons for the extension/modification and state when compliance with the NPDES
permit will be achieved. Any extension/modification must be approved in writing by the Director of
the Division of Water Quality or her designee in order to be effective.
9. This Agreement shall expire July 31, 2012,
For Captain Steven's Seafood Restaurant
Date I / z 2__
Stec as
Owner
For the North Carolina Environmental Management Commission
Date— 30"/)
Se O.Poupart
Point Source Branch Supervisor
Surface Water Protection Section
North Carolina Division of Water Quality
for the Chair of the Commission

Captain Steven's Seafood Restaurant Settlement Agreement
NC0059218
p. 4 ATTACHMENT A
A 24-month review of data, from August 2009 - July 2011 indicates significant non-compliance for
monthly average and daily maximum effluent limits as referenced in Table 1 below. Unsuccessful
attempts were made by a septic tank contractor to modify the existing W WTP (i.e. grease trap -septic
tank -subsurface sand filter chlorination/dechlor) to include a type of recirculation system without any
plans/specifications or process control operating procedures for the upgrade. Due to the inability to verify
direct flow distribution across the subsurface sand filter and regulate/monitor recirculation flow rates to
the sand fitter bed, the W WTP ORC could not make any effective adjustments to the system. In addition,
unintentional biased historical effluent sampling suggests the data may be unreliable (i.e. grab
samples/subsurface-groundwater dilution, etc.). Although the source organic load to the W WTP is
readily biodegradable when oil & grease is effectively removed, it is still considered an moderately high
industrial strength waste (i.e. 400-600 mg/1). Significant influent oil & greased data to determine W WTP
impact has not been effectively evaluated. The current W WTP, if left unchanged, cannot achieve
consistent long term NPDES Permit compliance, as indicated during the last twenty-four (24) months of
operation.
TABLE 1
24-month
24-month
Max daily
average of
Monthly
Max average
average of
monthly
Daily Max
value - last 24
daily max
Average
Permit Limit_
- last 24
months
averages
rameter
t Limit months
"Li
948 m l
values
294 m8l
30 m /1
705 m 1
230.5 m
�D
45 m 1
45 1
134 m L
55 m 1
30 mg/1
t01 m I
43.5 m I
—�
3S
cal
m
400/100 ml
12,000/100 ml
559!100 ml
200l100 ml
!1
6,753/100 ml
4521
296.9/I00 ❑
11,5 m�l
it & Grease
n!a
46.9 mg 1
__
14 m�
30 m —
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