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HomeMy WebLinkAboutNC0021865_Special Order by Consent_19970805NPDES DOCUMENT SCANNING COVER SHEET NPDES Permit: NC0021865 Chadbourn WWTP Document Type: Permit Issuance Wasteload Allocation Authorization to Construct (AtC) Permit Modification Complete File - Historical Engineering Alternatives (EAA) 5-reci/ r4„- 6-.9-6-4 /- Instream Assessment (67b) Speculative Limits Environmental Assessment (EA) Document Date: August 5, 1997 This document is printed on reuse paper - ignore any content on the reYerse side DIVISION OF WATER QUALITY Wilmington Regional Office August 5, 1997 MEMORANDUM TO: Mike Alexander FROM: Russ Colby THROUGH: Rick Shiver, P.G. SUBJECT: Special Order By Consent SOC EMC WQ No. 90-30 AdiII Town of Chadbourn NPDES Permit No. NO0021865 Columbus County Attached please find a copy of the revised draft SOC EMC WQ No. 90- 30 AdiII prepared by Russ Colby. Attached are the recommendations from the Rapid Assessment Group. The Wilmington Regional Office agrees that more rigorous instream monitoring is required, which the draft SOC reflects. A second downstream monitoring point has been established. The Downstream (1) monitoring point should be at least 300' below discharge and not 1000' due to inaccessibility. I have spoken with Farrell Keough of the Rapid Assessment Group and he agrees. The Wilmington Regional Office also feels that the facility can meet a BOD5 limit of 25 mg/1 monthly average and a 37.5 mg/1 weekly average. The facility has been reclassified as a Class II plant by the Permits and Engineering Unit. The draft SOC monitoring frequencies have been modified to reflect this change. A ratings sheet and the revised NPDES Permit is attached. If you have any further questions please contact Russ Colby (910) 395-3900 ext. 219. cc: Farrell Keough, Rapid Assessment Group Wilmington Regional Office RSS:GRC S\WQS\SOC\NC21865.MEM NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION COUNTY OF COLUMBUS IN TfE MATTER OF NORM CAROLINA NPDES PERMIT NUMBERNC0021865 HELD BY THE TOWN OF CHADBOURN SPECIAL ORDER BY CONSENT EMC SOC WQ 90-30 AdIII 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 the Town of Chadbourn, hereinafter referred to as the Town, 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 Town and the Commission hereby stipulate the following: (a) The Town holds North Carolina NPDES Permit Number NC0021865. for operation of an existing wastewater treatment works and for making an outlet therefrom for treated wastewater to Soules Swamp, Class "C Swamp" waters of this State in the Lumber River Basin, but is unable to consistently comply with final effluent limitations for Flow, and BOD5, as set forth in NPDES Permit Number NC0021865. Compliance will require preparation of plans and specifications for construction and operation of additional treatment works. (b) Noncompliance with final effluent limitations constitutes causing and contributing to pollution of the waters of this State named above, and the Town is within the jurisdiction of the Commission as set forth in G.S. Chapter 143, Article 21. • (c) The Town desires to cause or allow the discharge of 0.025 MGD of additional wastewater to the treatment works, and the discharge of such additional wastewater will not result in any significant degradation to the quality of any waters. (d) The Town will secure financing for planning, design and construction of an improved waste 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 that the Town will be able to comply with final effluent permit hmitatioris. (e) 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 Town desiring to comply with the Permit identified in paragraph 1(a) above, hereby agrees to do the following: (a) Provide the Wilmington Regional Office of the North Carolina Division of Water Quality (DWQ), located at 127 Cardinal Drive Extension, Wilmington, N.C. 28405, with a list of all additions of flow under the Town's Special Order by Consent, and update this list each time flow is added to the system. (b) Undertake the following activities in' accordance with the indicated time schedule: 1) Submit complete plans and specifications for repairs to existing facilities and/or construction of replacement sewers which will when completed remove excessive infiltration and inflow from the Town's sewer collection system on or before September 30, 1991; (Met) 2) -Complete repairs and/or replacement sewers on or before September 30. 1992; (Met) 3) Complete storm drainage improvements within the Town and eliminate the cross 'connections with the sanitary sewer system so. as to reduce inflow on or before October 31, 1994; (Met) 4) Retest sewer collection system to determine effectiveness of infiltration and inflow removal on or before March 31, 1995;• (Met) Determine the actual capacity necessary for the Town's wastewater treatment plant on or before May 31, 1995; (Met) 6) If the existing facilities are determined to have adequate capacity to serve the Town's needs; the Town will request termination of this Order on or before May 31, 1995; 7) Select adequate effluent disposal location and receive a wasteload allocation on or 'before October 31, 1995; (Met) 8) Submit complete plans and specifications for improvements to the existing wastewater treatment. f• acility on or before December 31, 1996; (Met) 9) Submit a progress report addressing steps made towards the replacement and/or rehabilitation of sewer lines to reduce or eliminate inflow and infiltration by October 1, 1997 and Quarterly thereafter during the term of this Order . 10) Obtain funding needed for the construction of facilities to upgrade the existing wastewater treatment facility on or before December li 1997. 11) Award contracts for the construction of facilities to upgrade the existing wastewater treatment facility on or before March 1, 1998. 12) Complete co ction of facilities to upgrade the Town's wastewater treatment facility on or before July 1, 1999. 13) Comply with the final effluent limitations contained in NPDES Permit No. NC0021865 on or before September 1, 1999. (c) The Town shall comply with all terms and conditions of the permit except those effluent limitations identified in paragraph 1(a) above. See Attachments A, B, and C for all monitoring requirements and effluent limitations. The Permittee may also be required to monitor for other parameters as deemed necessary by the Director in future permits or administrative letters. (g) (h) (i) (d) During the time in which this Special Order by Consent is effective, the Town shall comply with effluent limitations as contained in Attachments A, B and C. Under this Special Order by Consent, ONLY the parameters listed below have been modified from the most current NPDES Permit currently in effect. Pipe Number 001 Permit Limitations Modified Limitations (SOC) Parameters Unit Monthly ,Avg., Weekly Avg., Monthly ,Avg., Weekly Avg. Flow MOD 0.50 • 0.82 BOD5 mg/1 5.0/6.0 7.5 25 37.5 (e) No later than fourteen (14). calendar days after any date identified for accomplishment of any activity listed in 2(b) above_ submit to the Director of DWQ written notice of, compliance or noncompliance therewith. In the case of noncompliance, the notice shah include a statement of the reason(s) for noncompliance, remedial action(s) taken, and 4 statement identifying the extent to which subsequent dates or times for accomplishment of listed activities may be affected. (f) Enforce the North Carolina State Building Code as it applies to Water Conservation (Volume II Plumbing, Chapter 9 901 General Requirements -Materials, 901.2 Water Conservation, and Table 901.2.2-Maximum Allowable Water Usage For Plumbing Fixtures). Develop and adopt sewer use ordinance limitations for non -conventional pollutants. Implement the pretreatment program as approved by the Director, including the enforcement of both categorical pretreatment standards and local limits. Identify any infiltration and inflow problems associated with the facility and establish a program to correct. Use forty percent (40%) of the revenue received by a municipality from additional one- half (1/2%) sales and use taxes levied during the first five (5) fiscal years in which the additional taxes are in effect in the municipality and thirty percent (30%) of the revenue received by a municipality from these taxes in the second five (5) fiscal years in which the taxes are in effect in the municipality for water and sewer capital outlay purposes or to retire any indebtedness incurred by the municipality for these purposes. 3. The Town agrees that unless isxcused under paragraph four (4), the Town will pay the Director of DWQ, by check payable to the North Carolina Department of Environment, Health and Natural Resources, stipulated penalties according to the following schedule for failure to meet deadlines set out in paragraphs 2(b) and 2(e), or failure to attain compliance with the effluent hmitations/monitoring requirements contained in Attachments A, B, and C. Failure to meet a schedule date $100/day for the first 7 days; $500/day thereafter Failure to maintain compliance with $I000/violation any modified limit contained in the SOC. Failure to achieve compliance with final effluent limitations at final compliance deadline Monitoring frequency violations Monitoring frequency violations (for Toxicity) Failure to submit progress reports • $1820.00 $100 per omitted value per parameter $1,000 per omitted value per parameter $50/day for the first seven (7) days; $250/day thereafter 4. The Town and the Commission agree stipulated penalties are not due if the Town satisfies the Division of Water Quality 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 Permittee; d. An extraordinary event beyond the Permittee's control. Contractor delays or failure to obtain funding will not be considered as events beyond the Pernittee'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. In accordance with provisions of G.S. 143-215.67(b) the Commission allows the Town to accept the additional waste specified below to its waste disposal system: 0.025 MGD of additional wastewater. The nature of the additional flows is such that the waste characteristics do not exceed those generally associated with domestic waste or are pretreated to domestic strengths. Waste of greater than normal domestic strength may be accepted if the parameter(sYtthat exceed normal domestic strength wastewater are not those for which interim limitations 4.ve been developed and it can be demonstrated to the satisfaction of the Director the'additional waste will not adversely affect the treatment efficiency of the treatment system for any modified parameter or result in the violation of any other permit limitation. All new and proposed industrial waste tributary to the system must be controlled using all needed mechanisms including but not limited to adoption and implementation of industrial waste control and pretreatment ordinances. No wastewater can be accepted which will add toxic pollutants in quantities not generally associated with domestic wastewater characteristics, unless the acceptance of the additional wastewater can be supported through appropriate analyses acceptable to the Director. 6. 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. NC0021865. In the event of an NPDES Permit modification or renewal, any effluent limitations or monitoring requirements contained therein shall supersede those contained in Attachment A, B, and C of this Special Order by Consent, except as modified and contained idparagraph 2.(d) above. 7. Any Violation of terms of this Special Order by Consent, including paragraphs 2(b) and 2(e) above and Attachments A, Bs and C shall terminate paragraph five (5) of this Order and any authorized additional waste not previously connected to the system shall not thereafter be connected until the necessary sewerage system improvements have been completed and placed in operation. 8. 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 Permittee. 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 December 1,1999. For the Town of Chadbourn: Print Name and Title of Signing Official Signature.of Signing Official Date For the North Carolina Environmental Management Commission: Chairman of the Commission Date EMC SOC WQ 90-30 AdIn Attachment A Town of Chadbourn NPDES Permit Number NC0021865 Columbus County EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - SUMMER (April 1- October 31) During the period beginning on the effective date of this Special Order and lasting until December 1, 1999, the Permittee is authorized to discharge from outfall serial number 001. Such discharges shall be limited and monitored by the Permittee as specified below: Effluent Characteristics Discharge Limitations Monitoring Requirements Units as Specified Measurement Sample *Sample Monthly Average Weekly Avg. Frequency Type Location Flow 0.820 MGD Continuous Recording I or E BOD, 5 day. 20°C** 25.0 mg/1 37.5 mg/I Weekly Composite E Total Suspended Residue** 30.0 mg/1 45.0 mg/1 Weekly Composite I,E Dissolved Oxygen* * * Weekly Grab E Dissolved Oxygen* 3/Week Grab U,D Fecal Coliform 200.0/100 ml 400.0/100 ml Weekly Grab E,U,D (geometric mean) " Total Residual Chlorine 2/Week Grab E Temperature, °C Daily Grab E Temperature, °C* 3/Week Grab U,D Total Phosphorus Quarterly Composite E Chronic Toxicity* * * * Quarterly Composite E * Sample Location: I -Influent E-Effluent, U Upstream at least 100' (SR 1005), D-Downstream (1) at least 300' below discharge and above Benson Mill Pond in the main channel, Downstream (2) below discharge and below Benson Null Pond (SR 1429). Upstream and downstream samples for D.O. and Temperature shall be collected three times per week during June, July, August, and September and once per week during the remaining months of the year. ** The monthly average effluent BODS and TSS concentrations shall not exceed 15% of the respective influent value (85% removal). * * * The daily average dissolved oxygen effluent concentration shall not be less than 6.0 mg/1. * * * * Chronic (Ceriodaphnia) P/F at 84%; March, June, September, December, See Supplement to Effluent Limitations and Monitoring Requirements - Special Conditions page. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be monitored 3/week at the effluent by grab sample. There shall be no discharge of floating solids or visible foam in other than trace amounts. The Permittee may also be required to monitor for other parameters as deemed necessary by the Director in future permits or Administrative Letters. Note: Parameters underlined and noted in bold lettering above are the only parameters modified as part of this Special Order by Consent (SOC). EMC SOC WQ 90-30 AdIIl Attachment A Town of Chadbourn NPDES Permit Number NC0021865 Columbus County EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - SUMMER (April 1- October 31) During the period beginning on the effective date of this Special Order and lasting until December 1, 1999, the Permittee is authorized to discharge from outfall serial number 001. Such discharges shall be limited and monitored by the Permittee as specified below: Effluent Characteristics Conductivity NH3 as N Cadmium Nickel Lead Copper Zinc Discharge Limitations Monitoring Requirements Units as Specified Measurement Monthly Avg. Daily Max Frequency Weekly 2.0 mg/1 Weekly 2.4 ,ag/1 Weekly 105.0 ,ug/1 Weekly 30.0 Ag/1 Weekly Total Nitrogen (NO2 + NO3 + TKN) 2/Month 2/Month Quarterly Sample *Sample T Location Grab E,U,D Composite E Composite E Composite E Composite E Composite E Composite E Composite E * Sample Location: I -Influent, E-Effluent, U Upstream at least 100' (SR 1005), D-Downstream (1) at least 300' below discharge and above Benson Mill Pond in the main channel, Downstream (2) below discharge and below Benson Mill Pond (SR 1429). Upstream and downstream samples for D.O. and Temperature shall be collected three times per week during June, July, August, and September and once per week during the remaining months of the year. The Permittee may also be required to monitor for other parameters as deemed necessary by the Director in future permits or Administrative Letters. Note: Parameters underlined and noted in bold lettering above are the only parameters modified as part of this Special Order by Consent (SOC). EMC SOC WQ 90-30 AdDI Attachment B Town of Chadbourn NPDES Permit Number NC0021865 Columbus County EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - WINTER (November 1- March 31) During the period beginning on the effective date of this Special Order and lasting until December 1, 1999, the Permittee is authorized to discharge from outfall serial number 001. Such discharges shall be limited and monitored by the Permittee as specified below: Effluent Characteristics Discharge Limitations Monitoring Requirements Units as Specified Measurement Sample *Sample Monthly Avg. Weekly Avg. Frequency Type Location, Flow 0.820 MGD Continuous Recording J or E BOD. 5 day. 20°C** 25.0 mg/I 37.5 mg/I Weekly Composite I,E Total Suspended Residue** 30.0 mg/1 45.0 mg/1 Weekly Composite I,E Dissolved Oxygen* * * Weekly Grab E,U,D Fecal Coliform 200.0/100 ml 400.0/100 ml Weekly Grab E,U,D (geometric mean) Total Residual Chlorine 2/Week Grab E Temperature, °C Daily Grab E Temperature, °C* Weekly Grab U,D Total Phosphorus Quarterly Composite E Chronic Toxicity* * * * Quarterly Composite E * Sample Location: I -Influent, E-Effluent,U-Upstream at least 100' (SR 1005), D-Downstream (1) at least 300' below discharge and above Benson Mill Pond in the main channel, Downstream (2) below discharge and below Benson Mill Pond (SR 1429). Upstream and downstream samples for D.O. and Temperature shall be collected three times per week during June, July, August, and September and once per week during the remaining months of the year. ** The monthly average effluent BOD5 and TSS concentrations shall not exceed 15% of the respective influent value (85% removal). * * * The daily average dissolved oxygen effluent concentration shall not be less than 6.0 mg/l. * * * * Chronic (Ceriodaphnia) P/F at 84%; March, June, September, December; See Supplement to Effluent Limitations and Monitoring Requirements - Special Conditions page. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be monitored 3/week at the effluent by grab sample. There shall be no discharge of floating solids or visible foam in other than trace amounts. The Permittee may also be required to monitor for other parameters as deemed necessary by the Director in future permits or Administrative Letters. Note: Parameters underlined and noted in bold lettering above are the only parameters modified as part of this Special Order by Consent (SOC). EMC SOC WQ 90-30 AdIII Attachment B Town of Chadbourn NPDES Permit Number NC0021865 Columbus County EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - WINTER (November 1- March 31) During the period beginning on the effective date of this Special Order and lasting until December 1, 1999, the Permittee is authorized to discharge from outfall serial number 001. Such discharges shall be limited and monitored by the Permittee as specified below: Effluent Characteristics Conductivity NH3 as N Cadmium Nickel Lead Copper Zinc Discharge Limitations Monitoring Requirements Units as Specified Measurement Monthly Average Daily Max Frequency Weekly 4.0 mg/1 Weekly 2.4 4ug/1 Weekly 105.0 icg/1 Weekly 30.0 ,ug/1 Weekly Total Nitrogen (NO, + NO3 + TKN) 2/Month 2/Month Quarterly Sample *Sample Type Location Grab E,U,D Composite Composite Composite E Composite E Composite E Composite E Composite E E E * Sample Location: I -Influent, E-Effluent, U-Upstream at.least 100' (SR 1005), D-Downstream (1) at least 300' below discharge and above Benson Mill Pond in the main channel, Downstream (2) below discharge and below Benson Mill Pond (SR 1429). Upstream and downstream samples for D.O. and Temperature shall be collected three times per week during June, July, August, and September and once per week during the remaining months of the year. The Permittee may also be required to monitor for other parameters as deemed necessary by the Director in future permits or Administrative Letters. Note: Parameters underlined and noted in bold lettering above are the only parameters modified as part of this Special Order by Consent (SOC). EMC SOC WQ 90-30- AdDi Attachment C Town of Chadbourn NPDES Permit No. NC0021865 Columbus County CHRONIC TOXICITY PERMIT LIMIT (QUARTERLY) The effluent discharge shall at no time exhibit chronic toxicity using test procedures outlined in the "North Carolina Ceriodaphnia Chronic Effluent Bioassay Procedure," Revised November 1995, or subsequent versions. The effluent concentration at which there may be no observable inhibition of reproduction or significant mortality is 84.0% (defined as treatment two in the procdure document}• The permit holder shall perform quarterly monitoring using this procedure -to establish compliance with the permit condition. The tests will be performed during the months ofMarch, June, September, and December. Effluent sampling for this testing shall be performed at the NPDES permitted final discharge below all treatment processes. All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Monitoring Forrii (MR 1) for the month in which it was performed, using the parameter code TGP3B. Additionally, DWQ Form AT-1 (original) is to be sent to the following address: Attention: Environmental Sciences Branch North Carolina Division of Water Quality 4401 Reedy Creek Road Raleigh, North Carolina 27607 Test data shall be complete and accurate and include all supporting chemical/physical measurements performed in association with the toxicity tests, as well as all dose/response data. Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of the waste stream. Should there be no discharge of flow form the facility during a month in which toxicity monitoring is required, the permittee will complete the information located at the top of the aquatic toxicity (AT) test form indicating the facility name, permit number, pipe number, county, and the month/year of the report with the notation of "No Flow" in the comment area of the form. The report shall be submitted to the Environmental Sciences Branch at the address cited above. Should any single quarterly monitoring indicate a failure to meet specified limits, then monthly monitoring, will begin immediately until such time that a single test is passed. Upon passing, this monthly test requirement will revert to quarterly in the months specified above. Should the permittee fail to monitor during a month in which toxicity monitoringisthen monitoringwill. begin required, monthly gin immediately until such time that a single test is passed. Upon passing, this monthly test requirement will revert to quarterly in the months specified above. Should any test data from this monitoring requirement or tests performed by the North Carolina Division of Water Quality indicate potential impacts to the receiving stream, this permit may be re -opened and modified to include alternate monitoring requirements or limits. • NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control organism surviv al, val, minimum control organism reproduction, and appropriate environmental controls, shall constitute an invalid test and will require immediate follow-up testing to be completed no later than the last day of the month following the month of the initial monitoring. North Carolina Division of Water Quality Water Quality Section / Rapid Assessment Group July 14, 1997 MEMORANDUM To: Russell Colby,\ Wilmington -Regional Office From: Farrell Keou Through: Carla Sanderson Ruth Swanek Subject: Special Order by Consent Town of Chadbourn Waste Water Treatment Plant NC0021865 Soules Swamp [03-07-58] Columbus County Wilmington Region Summary An SOC limit evaluation for the Town of Chadbourn has been completed by the Instream Assessment Unit, (IAU). The Wilmington Regional Office has requested this instream assessment due to the facility's inability to consistently meet its flow and BOD5 limits and the facility's request to add 0.025 mgd of flow to the existing discharge. In 1991 the facility went under an SOC for sewer rehabilitation projects to control I & I. This was amended in 1993 which allowed for an extension in the schedule dates. In 1996 an expansion request was approved, but funding for the project was not acquired. The monthly average discharge from the Chadbourn WWTP in the last year was 0.795 mgd. Adding the requested 0.025 mgd additional flow to the facility's monthly average over the past year yields a requested SOC flow of 0.820 mgd. This SOC request is being made because the facility has had difficulty in securing funding for construction of an additional clarifier, aeration basin, aerobic digester, tertiary filter and chlorine contact basin with dechlorination capability. Repairs to the collection system to reduce I & I are also proposed to take place Evaluation & Discussion The Town of Chadbourn discharges into Soules Swamp, a class "C - Swamp" waterbody in the Lumber River Basin. The discharge is just above a swampy area and Benson Mill Pond. Based upon USGS estimates, the flows for the discharge site are as follows: summer 7Q10 flow = 0.15 cfs winter 7Q10 flow = 0.2 cfs Average flow = 6.0 cfs 30Q2 flow = 0.2 cfs The stream segment where Chadbourn discharges is slow moving with a bed gradient of approximately 5 feet per mile for at least five miles with a pond, (Benson Mill Pond) located approximately one and one- third miles below the discharge. It should be noted that substandard dissolved oxygen levels currently exist in this watershed. Town of Chadbourn SOC, NC0021865 Instream data taken by the Chadbourn WWTP staff during the summer of 1993 reveals instream dissolved oxygen levels at 1.6 mg/1 both above and below the discharge. Instream monitoring was not taken in 1995 and 1996, even though required by the permit. Much of this system is swamp -like and low dissolved oxygen levels may be due in part to natural conditions; numerous beaver dams and fallen trees exist in this area. Removal of many of these beaver dams is also proposed as part of this SOC. The downstream site, while still displaying substandard dissolved oxygen levels is below Benson Mill Pond, therefore it may not fully reflect the affects of the discharge upon this waterbody. Both this SOC and the new permit recommend downstream monitoring be taken prior to the mill pond. Recommendations At this time the IAU does not have an adequate tool to assess oxygen consuming wasteflow on a swamp system. Therefore, if the SOC for additional flow is granted, the IAU would like to recommend additional instream monitoring during the summer months. Since further impacts to Soules Swamp are likely to occur during the SOC, expediting this order and achieving full compliance with permit limits is necessary. Conversations with the Wilmington Regional Office indicates that the facility can consistently meet a BOD5 limit of 25 mg/1 monthly average, (37.5 mg/1 weekly average), therefore the IAU would recommend this be changed as the SOC limit. Finally, the instream monitoring for this facility is the only mechanism currently available to assess the impact of this discharge. As noted, documented instream dissolved oxygen levels below 2.0 mg/1 exist for both the upstream and downstream sites. The current downstream monitoring location is at SR 1429 which is a road crossing on Soules Swamp below Benson Mill Pond. The discharge from Chadbourn will most likely have its most dramatic impact on the receiving waters above this mill pond, yet no instream data is currently available from that location. Because of both the documented low dissolved oxygen levels instream and the relaxed BOD5 limit coupled with an increase in discharge, more rigorous instream monitoring is required to fully assess the impact of this discharge on these receiving waters. Therefore, the IAU recommends the following instream monitoring locations and frequencies: Upstream: SR 1005 Downstream (1): at least 1,000 feet below the discharge and above Benson Mill Pond in the main channel Downstream (2): SR 1429 Parameters: Dissolved Oxygen and Temperature Three times per week during June, July, August, and September and once per week during the remaining months of the year. cc: Don Safrit, Asst. Chief Technical Support Dennis Ramsey, Asst. Chief Operations Branch Dave Goodrich, Permits & Engineering Unit Wilmington Regional Office Central Files DIVISION OF WATER QUALITY Wilmington Regional Office July 2, 1997 MEMORANDUM TO: Farrell Keough FROM: Rick Shiver, P.G. 55 SUBJECT: Change in SOC Special Order By Consent SOC EMC WQ No. 90-30 AdIII Town of Chadbourn NPDES Permit No. NC0021865 Columbus County Attached please find a copy of the changes made in SOC EMC WQ No. 90-30 AdIII prepared by Russ Colby. The sample locations for both summer and winter monitoring requirements for Total Residual Chlorine has been changed from Effluent, Upstream, and Downstream to Effluent only as per the new NPDES permit. A change has also been made to the flow data on the in -stream assessment request; Background Data B(1) and (3). If you have any question please contact Russ Colby (910) 395-3900 ext. 219. RSS:GRC S\WQS\SOC\NC21865.MEM BOD, 5 dav, 20°C** EMC SOC WQ 90-30 MIDI Attachment A Town of Chadbourn NPDES Permit Number NC0021865 Columbus County EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - SUMMER (April 1- October 31) During the period beginning on the effective date of this Special Order and lasting until December 1, 1999, the Permittee is authorized to discharge from outfall serial number 001. Such discharges shall be limited and monitored by the Permittee as specified below: Effluent Characteristics Discharge Limitations Units as Specified Monthly Average Weekly Avg. Flow 0.820 MGD Amiar .g., 3� • 5 �,� Total Suspended Residue** 30.0 mg/I 45.0 mg/1 NH3 as N 2.0 mg/1 Dissolved Oxygen* * * Fecal Coliform 200.0/100 ml 400.0/100 ml (geometric mean) Total Residual Chlorine Temperature, °C Total Phosphorus Total Nitrogen (NO2 + NO3 + TKN) Chronic Toxici * Sample LA - .tion: I -Influent, E Effluent, U-Upstream at least 100 feet above discharge point, D-Downstream at leas : i "feet below discharge and above Benson Mill Pond. Upstream and downstream samples shall be collected three times per week during June, July, August, and September and once per week during the remaining months of the year. ** The monthly average effluent BODS and TSS concentrations shall not exceed 15% of the respective influent value (85% removal). * * * The daily average dissolved oxygen effluent concentration shall not be less than 6.0 mg/l. * * * * Chronic (Ceriodaphnia) P/F at 84%; March, June, September, December; See Supplement to Effluent Limitations and Monitoring Requirements - Special Conditions page. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be monitored 3/week at the effluent by grab sample. There shall be no discharge of floating solids or visible foam in other than trace amounts. The Permittee may also be required to monitor for other parameters as deemed necessary by the Director in future permits or Administrative Letters. Note: Parameters underlined and noted in bold Lettering above are the only parameters modified as part of this Special Order by Consent (SOC). Monitoring Requirements Measurement Frequency Continuous 3/Week 3/Week 3/Week 3/Week 3/Week Sample *Sample Type Location Recording I or E Composite I,E Composite I,E Composite E Grab E,U,D Grab E,U,D 3/Week Daily Quarterly Quarterly Quarterly Grab E Grab E,U,D Composite E Composite E Composite E EMC SOC WQ 90-30 AdIII Attachment A Town of Chadbourn NPDES Permit Number NC0021865 Columbus County EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - SUMMER (April 1- October 31) During the period beginning on the effective date of this Special Order and lasting until December 1, 1999, the Permittee is authorized to discharge from outfall serial number 001. Such discharges shall be limited and monitored by the Permittee as specified below: Effluent Characteristics Conductivity Cadmium Nickel Lead Copper Zinc Discharge Limitations Units as Specified Measurement Monthly Avg. Daily Max Frequency 2.4 jcg/1 105.0 Ag/1 , 30.0 Ag11 3/Week Weekly Weekly Weekly 2/Month 2/Month Monitoring Requirements Sample *Sample Type Location Grab E,U,D Composite E Composite E Composite E Composite E Composite E * Sample Location: I -Influent, E Efuuent, U Upstream at least 100 feet above discharge point, D Downstream at least 300 feet below discharge and above Benson Mill Pond. Upstream and downstream samples shall be collected three times per week during June, July, August, and September and once per week during the remaining months of the year. The Permittee may also be required to monitor for other parameters as deemed necessary by the Director in future permits or Administrative Letters. Note: Parameters underlined and noted in bold lettering above are the only parameters modified as part of this Special Order by Consent (SOC). EMC SOC WQ 90-30 AdIII Attachment B Town of Chadbourn NPDES Permit Number NC0021865 Columbus County EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - WINTER (November 1- March 31) During the period beginning on the effective date of this Special Order and lasting until December 1, 1999, the Permittee is authorized to discharge from outfall serial number 001. Such discharges shall be limited and monitored by the Permittee as specified below: Effluent Characteristics Discharge Limitations Monitoring Requirements Units as Specified Monthly Avg. Weekly Avg. Flow 0.820 MGD BOD, 5 day, 20°C** 30.0 mg/1 45.0 mg/1 Total Suspended Residue** 30.0 mg/1 45.0 mg/1 NH3 as N 4.0 mg/1 Dissolved Oxygen* * * Fecal Coliform 200.0/100 ml 400.0/100 ml (geometric mean) Total Residual Chlorine Temperature, °C Total Phosphorus Total Nitrogen (NO2 + NO3 + TKN) Chronic Toxicity* * * * Measurement Frequency Continuous 3/Week 3/Week 3/Week 3/Week 3/Week 3/Week Daily Quarterly Quarterly Quarterly Sample *Sample Type Location Recording I or E Composite I Composite I,E Composite E Grab E,U,D Grab E,U,D Grab E Grab E,U,D Composite E Composite E Composite E * Sample Location: I -Influent, E-Effluent, U-Upstream at least 100 feet above discharge point, D-Downstream at least 300 feet below discharge and above Benson Mill Pond. Upstream and downstream samples shall be collected three times per week during June, July, August, and September and once per week during the remaining months of the year. ** The monthly average effluent BODS and TSS concentrations shall not exceed 15% of the respective influent value (85% removal). * * * The daily average dissolved oxygen effluent concentration shall not be less than 6.0 mg/l. * * * * Chronic (Ceriodaphnia) P/F at 84%; March, June, September, December; See Supplement to Effluent Limitations and Monitoring Requirements - Special Conditions page. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be monitored 3/week at the effluent by grab sample. There shall be no discharge of floating solids or visible foam in other than trace amounts. The Permittee may also be required to monitor for other parameters as deemed necessary by the Director in future permits or Administrative Letters. Note: Parameters underlined and noted in bold lettering above are the only parameters modified as part of this Special Order by Consent (SOC). EMC SOC WQ 90-30 AdIII Attachment B Town of Chadbourn NPDES Permit Number NC0021865 Columbus County EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - WINTER (November 1- March 31) During the period beginning on the effective date of this Special Order and lasting until December 1, 1999, the Permittee is authorized to discharge from outfall serial number 001. Such discharges shall be limited and monitored by the Permittee as specified below: Effluent Characteristics Discharge Limitations Monitoring Requirements Units as Specified Measurement Sample *Sample Monthly Average Daily Max Frequency Type Location Conductivity 3/Week Grab E,U,D Cadmium 2.4 ,ug/1 Weekly Composite E Nickel 105.0 icg/1 Weekly Composite E Lead 30.0 /2g/1 Weekly Composite E Copper 2/Month Composite E Zinc 2/Month Composite E * Sample Location: I -Influent, E-Effluent, U Upstream at least 100 feet above discharge point, D-Downstream at least 300 feet below discharge and above Benson Mill Pond. Upstream and downstream samples shall be collected three times per week during June, July, August, and September and once per week during the remaining months of the year. The Permittee may also be required to monitor for other parameters as deemed necessary by the Director in future permits or Administrative Letters. Note: Parameters underlined and noted in bold Lettering above are the o_ Lly parameters modified as part of this Special Order by Consent (SOC). Request Form for In -stream Assessment for 67(b) Analysis NAME OF FACILITY _Town of Chadbourn PERMIT #NC0021865 COUNTY _Columbus REGION WiRO PERMITTED DESIGN FLOW 0.5 MGD RECEIVING STREAM _Soules Swamp "C - Swamp" SUBBASIN 030758 REGIONAL CONTACT Russ Colby BACKGROUND DATA: A. Why is SOC needed? (Facility is out of compliance with which effluent limits?) Noncompliance with Flow, BODS. If out of compliance with Flow limit, is it due to inflow/infiltration? Yes If I/I is a problem, then how much of the additional flow requested is the I/I? 295,000 gpd out of a total of 320,000 gpd. B. SOC Request: 1. Monthly Average Waste flow in the last year 0.7950 MGD (Pre-SOC Flow) Time period Averaged 4/96 through 2/97 2. Current SOC Flow request Flow: 0.025 MGD (Flow added on during the Order) 3. Total plant flow (Post-SOC Flow) Flow: 0.8200 MGD (total of 1. and 2. above) 4. Is this an accurate flow balance for plant? Why/why not? Yes Are there any facilities that have recently gone offline? None known NOTE: The SOC may not include an addition of Waste flow; therefore B. above may not apply and the region should fill out all other parts of this form. In cases where the SOC involves violations of oxygen consuming or toxic limits, an evaluation may be necessary to predict the water quality standard violations instream. C. Please attach DMR summary for past year. for all permitted parameters. If possible, include reports from previous years if facility has been under SOC for more than a year. OK flr 7 X 116 Cedar IDES • 97 Pleasan Hill Ch 8¢nson lrfiil Ponc -. (1429)�%< . _f I . tfstria! a'ste Po 11t1', 1141.t DIVISION OF WATER QUALI Wilmington Regional Offi June 23, 1997 MEMORANDUM TO: Ruth Swanek FROM: Rick Shiver, P.G. Id u55 90 (Lead cuitd At 1 sotvileaAt la' kCif It eow 11) njO C 4-4 i 5 rig-tI -k"u SUBJECT: In -stream Assessment Request Special Order By Consent SOC EMC WQ No. 90-30 AdiII Town of Chadbourn NPDES Permit No. NC0021865 Columbus County Attached please find Request Form for In -stream Assessment along with SOC EMC WQ No. 90-30 AdiII prepared by Russ Colby. The amendment was requested by the Town due to difficulties in securing funding for the project. The project will be funded by Rural Development of USDA. Rural Development lacked sufficient funds for this project during the 96-97 fiscal year. The Town has submitted an acceptable revised schedule. The SOC Flow limit has been increased to accommodate current flow data. Most of the requested additional flow is Inflow and Infiltration, except for 25,000 gpd the Town has requested. The Town is currently trying to eliminate beaver dams in Soules Swamp. It will be at least two months before this project will be completed and flows in the stream will return to normal. If you have any question please contact Russ Colby (910) 395-3900 ext. 219. RSS:GRC S\WQS\SOC\NC21865.MEM Request Form for In -stream Assessment for 67(b) Analysis NAME OF FACILITY Town of Chadbourn PERMIT #NC0021865 COUNTY Columbus REGION WiRO PERMITTED DESIGN FLOW 0.5 MGD RECEIVING STREAM _Soules Swamp "C - Swamp" SUBBASIN 030758 REGIONAL CONTACT _Russ Colby BACKGROUND DATA: A. Why is SOC needed? (Facility is out of compliance with which effluent limits?) Noncompliance with Flow, BOD5. If out of compliance with Flow limit, is it due to inflow/infiltration? Yes If I/I is a problem, then how much of the additional flow requested is the I/I? 295,000 gpd out of a total of 320,000 gpd. B. SOC Request: 0:49s 1. Monthly Average Waste flow in the last year 4.6305' MGD (Pre-SOC Flow) Time period Averaged 4/96 through 2. Current SOC Flow request Flow: 4.025 , (Flow added on during the Order) 2/97 MGD 0.8ZO 3. Total plant flow (Post-SOC Flow) Flow: Q 5 MGD (total of 1. and 2. above) 4. Is this an accurate flow balance for plant? Why/why not? Yes Are there any facilities that have recently gone offline? None known NOTE: The SOC may not include an addition of Waste flow; therefore B. above may not apply and the region should fill out all other parts of this form. In cases where the SOC involves violations of oxygen consuming or toxic limits, an evaluation may be necessary to predict the water quality standard violations instream. C. Please attach DMR summary for past year for all permitted parameters. If possible, include reports from previous years if facility has been under SOC for more than a year. OK D. Briefly explain measures taken during the Order which will enable the facility to be in compliance with permit limits at the end of the Order. Order will require expansion of treatment capability to 1 MGD and quarterly progress reports on I & I rehabilitation. CURRENT SOC REQUEST: A. Is request for domestic or industrial waste? If a combination, please specify percentages. Domestic only. B. If industrial flow, then what type of industry? Please attach pertinent data. N/A C. The region proposes the following SOC limits (all limits NOT listed here will remain as in the current permit): Conventional Parameters Flow 1. 0.820 MGD B OD 5 3 0/45 mg/1 other parameters D. What is the basis for these limits? Average of highest levels over last year of reported data. GKEX88/MP COMPLIANCE EVALUATION ANALYSIS REPORT 06/23/97 PAGE 1 PERMIT--NC0021865 PIPE--001 REPORT PERIOD: 9604-9702 LOC---E FACILITY--CHADBOURN, TOWN - WWTP DESIGN FLOW-- .5000 CLASS--3 LOCATION--CHADBOURN REGION/COUNTY--08 COLUMBUS 50050 00310 00530 00610 31616 50060 00300 TGP3B MONTH Q/MGD BOD RES/TSS NH3+NH4- FEC COLI CHLORINE DO CERI7DPF LIMIT S .6700 S 30.00 S 30.0 NOL S 1000.0 NOL S 6.00 NOL 96/04 .7159F 21.70 6.5 1.57 17.9 .216 8.37 96/05 .5228 7.05 1.5 .55 26.9 .215 8.30 1 96/06 .3412 12.05 4.2 .47 34.3 .235 8.17 96/07 .3953 23.00 9.6 .10 108.8 .261 8.34 96/08 .5932 14.50 14.6 1.55 284.6 .286 7.93 96/09 .8931F 3.55 8.0 .96 .0 .315 6.32F 96/10 .7745F 4.00 10.4 2.34 758.9 .417 6.44F 96/11 .5135 3.00 3.2 .35 9.8 .416 7.96 96/12 .6445 2.00 1.7 .12 30.8 .310 7.71 97/01 .7395E 1.75 9.5 .77 32.2 .314 6.93F 97/02 .8025F 1.80 4.5 .58 6.2 .260 7.58 AVERAGE .6305 8.58 6.7 .85 119.1 .295 7.64 1 MAXIMUM 1.5500!� 21.3 4.20 1200.0 .900 9.60 1 MINIMUM .1000 1.00 1.0 .10 LESSTHAN .100 1.10 1 UNIT MGD MG/L MG/L MG/L #/100ML MG/L MG/L PASS/FAI GKEX88/MP COMPLIANCE EVALUATION ANALYSIS REPORT 06/23/97 PAGE 2 PERM I T----NC0021865 PIPE---001 REPORT PERIOD: 9604-9702 LOC---E FACILITY---CHADBOURN , TOWN - WWTP DESIGN FLOW-- .5000 CLASS--3 LOCATION--CHADBOURN REGION/COUNTY---08 COLUMBUS 00010 00095 00400 00600 00665 01027 01034 01042 MONTH TEMP CNDUCTVY PH TOTAL N PHOS-TOT CADMIUM CHROMIUM COPPER LIMIT NOL NOL 9.0 6.0 NOL NOL NOL 96/04 16.61 8 .7--7 .4 96/05 21.22 8.2-7.1 7.900 .8000 .0000 .0080 .0000 96/06 23.90 8 .2--7 .7 96/07 25.72 8.6-7.6 96/08 25.59 8 .1--7 .1 96/09 24.00 8 .2--6 .9 96/10 21.39 8.1-7.2 96/11 16.50 8 .2--7 .5 .0100 .0200 .0100 96/12 14.10 8.2-7.0 97/01 13.33 8.2-7.0 97/02 13.02 8 .1--6 .9 .0000 .0000 .0000 AVERAGE 19.58 7.900 .8000 .0033 .0093 .0033 MAXIMUM 27.00 8.700 7.900 .8000 .0100 .0200 .0100 MINIMUM 11.00 6.900 7.900 .8000 .0100 .0080 .0100 UNIT DEG.0 UMHOS/CM SU MG/L MG/L MG/L MG/L MG/L .i GKEX88/MP COMPLIANCE EVALUATION ANALYSIS REPORT 06/23/97 PAGE 3 PERMIT---NC0021865 PIPE--001 REPORT PERIOD: 9604-9702 LOC---E FACILITY---CHADBOURN , TOWN - WWTP DESIGN FLOW-- .5000 CLASS--3 LOCATION--CHADBOURN REGION/COUNTY---08 COLUMBUS MONTH LIMIT 96/04 01051 01067 01092 LEAD NICKEL ZINC NOL 96/05 .0000 .0000 .0000 96/06 96/07 96/08 96/09 96/10 96/11 .1000 .0500 .0130 96/12 97/01 97/02 .0000 .0240 .0000 3VERAGE .0333 .0246 .0043 IAXIMUM .1000 .0500 .0130 1INIMUM .1000 .0240 .0130 JNIT MG/L MG/L MG/L SPECIAL ORDER bv. CONSENT (SOC) REGIONAL OFFICE CHECKLIST Wilmington Regional Office Town of Chadbourn NPDES Permit Number NC0021865 County of Columbus EMC SOC WO 90-30 Ad III • A. Why was this SOC requested? The Town is unable to meet its permit limit for flow and BODS due to significant I & I. The amendment was requested because the Town could not secure funding. B. What type of facility is currently in operation? (trickling filter, activated sludge, etc:) Give design flow and permitted flow. 0.500 MGD activated sludge plant. C. State affected stream and current stream classification. Facility discharges to Soules Swamp, classified as Class "C-Swamp", in the Lumber River Basin. D. Discuss any and all downstream water quality impacts. Include the data summary if possible. Discharge is into a low flow and low velocity swamp. E. Was Instream assessmconducted? (Only for oxygen consuming parameters) Circle one: YES If yes send copy of report to Central Office. If no, please explain? Instream assessment request is enclosed. F. Attach most current MP screen. [Last twelve (12) months] Yes. G. Is facility prope operated and maintained? Circle one: NO If no, why not? xplain. What was the date of the last inspection completed? November 26, 1996 What were the results from that inspection? Compliance. H. Discuss the applicants third party evaluation of current treatment capabilities. Has this evaluation been reviewed by the Technical Assistance and Certification Group of the Water Quality Section? What were their comments/suggestions? If the Technical Assistance Training and Certification Group has not seen the evaluation please explain why. The Town has not had any significant problems inthe past with permit compliance other than the flow parameter and occasional BODS spikes. I. How were the interim effluent parameter limitations established? The interim effluent parameters were obtained by averaging the highest monthly values plus additional flow requested during the term of the Order. J. How were the schedule dates of the proposed Order established? The Town's consultant provided a reasonable schedule which allows for the acquisition of funding. K. Specifically identify what the facility will be doing/constructing during the term the Order will be in effect (i.e., construction of a new clarifier; connection to an existing facility, etc.) Construction of an additional clarifier, aeration basin, and aerobic digester; a new tertiary filter, and a new chlorine contact basin with dechlonnation. The Town will also make repairs to the collection system to reduce or eliminate I & I. L. What is the up -front penalty amount of the SOC, and how was this amount determined? No up -front penalty is recommended. M. If no up -front penalty is being recommended, please indicate why. The Town has already passed a bond referendum, and the Town's consultant has assured the Regional Office that funding through Rural Development of USDA will be acquired for the next fiscal year. N. If stipulated penalties are different from those mentioned in the standard SOC shells (67b and WQ shells) indicate why they are different. N/A O. Does this faciIi urrently monitor according to the most recent NPDES Permit or SOC? Circle one: ) NO If no, please explain. P. Does Toxicity need to • - relaxed as part of this Order? Circle one: YES If yes, please attach recommendations of the Aquatic Survey & Toxicology Unit. Q. Does Pretreatment need to be addressed as part of the Order? Circle one: YES NO If yes, what are the recommendations of the Pretreatment Group. R. Is the Permit under adj dication? Circle one: YES O If yes, what are the details of the pending case. Explain. • S. Include schedule for Construction Grant funding„if applicable. N/A T. If SOC application is for a Town/City and new for the first time (i.e., no amendment), has a Resolution been completed to secure required funding responsibilities? N/A Circle one: YES NO If no, please explain. U. Have the SOC limitations pages (usually attachments A, B, C, etc.) been compared against the most recen ' sued Permit or Permit currently at Public Notice? Circle one: NO If no, please exp ain. V. If an SOC schedule date has been met, is the date indicated by (MET) after the date specified for a articular event? N/A Circle one: (...,S> NO If no, please explain. W. Have any modifications been made by the regional office to the SOC shell? If so, please explain in full exactly what those changes are. Part 2(a) was deleted because no up -front penalty is being assessed. X. Has a spell the een run on the entire SOC document (including all attachment pages)? Circle one: TE NO If no, conduct a spell check before sending to the `Central Office. b- i• Y. List y and all special circumstances concerning the issuance or denial of this SOC. This amendment is being prepared due to the fact that the Town could not secure funding under EMC SOC WQ 90-30 AdII. The Wilmington Regional Office has concerns about the significant I&I problem. The Town should make all efforts to reduce or eliminate this problem during and after the term of this Order. The Wilmington Office recommends this amendment to the SOC. Z. What is the re 'onal office recommendation on this Special Order by Consent? Circle one: f ENTP✓R i • • RD DENIAL OF ORDER Preparer's Signature: ,9'j Date: 6 / / b / 9 ?-- l 4 Water Quality Supervisor's signature: .0 c- IL_ S (,-Z i v' r- Date: G — V-7 — 9,7 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION COUNTY OF COLUMBUS IN THE MATTER OF ) NORTH CAROLINA ) NPDES PERMIT ) NUMBER NC0021865 ) HELD BY THE TOWN ) OF CHADBOURN ) SPECIAL ORDER BY CONSENT EMC SOC WQ 90-30 AdIlI 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 the Town of Chadbourn, hereinafter referred to as the Town, 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 Town and the Commission hereby stipulate the following: (a) The Town holds North Carolina NPDES Permit Number NC0021865 for operation of an existing wastewater treatment works and for making an outlet therefrom for treated wastewater to Soules Swamp, Class "C Swamp" waters of this State in the Lumber River Basin, but is unable to consistently comply with final effluent limitations for Flow, and BOD5, as set forth in NPDES Permit Number NC0021865. Compliance will require preparation of plans and specifications for construction and operation of additional treatment works. (b) Noncompliance with final effluent limitations constitutes causing and contributing to pollution of the waters of this State named above, and the Town is within the Jurisdiction of the Commission as set forth in G.S. Chapter 143, Article 21. • (c) The Town desires to cause or allow the discharge of 0.025 MGD of additional wastewater to the treatment works, and the discharge of such additional wastewater will not result in any significant degradation to the quality of any waters. (d) The Town will secure financing for planning, design and construction of an improved waste 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 that the Town will be able to comply with final effluent permit limitations. (e) 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 Town desiring to comply with the Permit identified in paragraph 1(a) above' hereby agrees to do the following: (a) Provide the Wilmington Regional Office of the North Carolina Division of Water Quality (DWQ), located at 127 Cardinal Drive Extension, Wilmington, N.C. 28405, with a list of all additions of flow under the Town's Special Order by Consent, and update this list each time flow is added to the system. (b) Undertake the following activities in accordance with the indicated time schedule: 1) Submit complete plans and specifications for repairs to existing facilities and/or construction of replacement sewers which will when completed remove excessive infiltration and inflow from the Town's sewer collection system on or before September 30, 1991; (Met) 2) Complete repairs and/or replacement sewers on or before September 30. 1992; (Met) 3) Complete storm drainage improvements within the Town and eliminate the cross connections with the sanitary sewer system so as to reduce inflow on or before October 31. 1994; (Met) 4) Retest sewer collection system to determine effectiveness of infiltration and inflow removal on or before March 31, 1995; (Met) 5) Determine the actual capacity necessary for the Town's wastewater treatment plant on or before May 31, 1995; (Met) 6) If the existing facilities are determined to have adequate capacity to serve the Town's needs; the Town will request termination of this Order on or before May 31, 1995; 7) Select adequate effluent disposal location and receive a wasteload allocation on or before October 31, 1995; (Met) 8) Submit complete plans and specifications for improvements to the existing wastewater treatment facility on or before December 31, 1996; (Met) 9) Submit a progress report addressing steps made towards the replacement and/or rehabilitation of sewer lines to reduce or eliminate inflow and infiltration by October 1. 1997 and Quarterly thereafter during the term of this Order . 10) Obtain funding needed for the construction of facilities to upgrade the existing wastewater treatment facility on or before December 1, 1997. 11) Award contracts for the construction of facilities to upgrade the existing wastewater treatment facility on or before March 1, 1998. 12) Complete construction of facilities to upgrade the Town's wastewater treatment facility on or before July 1, 1999. 13) Comply with the final effluent limitations contained in NPDES Permit No. NC0021865 on or before September 1. 1999. (c) The Town shall comply with all terms and conditions of the permit except those effluent limitations identified in paragraph 1(a) above. See Attachments A, B, and C for all monitoring requirements and effluent limitations. The Permittee may also be required to monitor for other parameters as deemed necessary by the Director in future permits or administrative letters. (d) During the time in which this Special Order by Consent is effective, the Town shall comply with effluent limitations as contained in Attachments A, B and C. Under this Special Order by Consent, ONLY the parameters listed below have been modified from the most current NPDES Permit currently in effect. Pipe Number 001 Permit Limitations Modified Limitations (SOC) Parameters Unit Monthly Avg. Weekly Avg., Monthly Avg., Weems Avg_ • Flow MGD 0.50 0.82 BODS mg/1 5.0/6.0 7.5 • 30 45 (e) No later than fourteen (14) calendar days after any date identified for accomplishment of any activity listed in 2(b) above. submit to the Director of DWO 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. Enforce the North Carolina State Building Code as it applies to Water Conservation (Volume II Plumbing, Chapter 9, 901 General Requirements -Materials, 901.2 Water Conservation, and Table 901.2.2-Maximum Allowable Water Usage For Plumbing Fixtures). . Develop and adopt sewer use ordinance limitations for non -conventional pollutants. Implement the pretreatment program as approved by the Director, including the enforcement of both categorical pretreatment standards and local limits. Identify any infiltration and inflow problems associated with the facility and establish a program to correct. (f) (g) 01) (i) Use forty percent (40%) of the revenue received by a municipality from additional one- half percent (1/2%) sales and use taxes levied during the first five (5) fiscal years in which the additional taxes are in effect in the municipality and thirty percent (30%) of the revenue received by a municipality from these taxes in the second five (5) fiscal years in which the taxes are in effect in the municipality for water and sewer capital outlay purposes or to retire any indebtedness incurred by the municipality for these purposes. 3. The Town agrees that unless excused under paragraph four (4), the Town will pay the Director ofDWQ, by check payable to the North Carolina Department of Environment, Health and Natural Resources, stipulated penalties according to the following schedule for failure to meet deadlines set out in paragraphs 2(b) and 2(e), or failure to attain compliance with the effluent limitations/monitoring requirements contained in Attachments A, B, and C. Failure to meet a schedule date $100/day for the first 7 days; $500/day thereafter Failure to maintain compliance with $1000/violation any modified limit contained in the SOC. Failure to achieve compliance with final $1820.00 effluent limitations at final compliance deadline Monitoring frequency violations Monitoring frequency violations (for Toxicity) Failure to submit progress reports $100 per omitted value per parameter $1,000 per omitted value per parameter $50/day for the first seven (7) days; $250/day thereafter 4. The Town and the Commission agree stipulated penalties are not due if the Town satisfies the Division of Water Quality 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 Permittee; d. An extraordinary event beyond the Pennittee's control. Contractor delays or failure to obtain funding will not be considered as events beyond the Pennittee'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 iitiate. The only issue in such an action will be whether the thirty (30) days has elapsed. 5. In accordance with provisions of G.S. 143-215.67(b) the Commission allows the Town to accept the additional waste specified below to its waste disposal system: 0.025 MGD of additional wastewater. The nature of the additional flows is such that the waste characteristics do not exceed those generally associated with domestic waste or are pretreated to domestic strengths. Waste of greater than normal domestic strength may be accepted if the parameter(s) that exceed normal domestic strength wastewater are not those for which interim limitations have been developed and it can be demonstrated to the satisfaction of the Director the additional waste will not adversely affect the treatment efficiency of the treatment system for any modified parameter or result in the violation of any other permit limitation. All new and proposed industrial waste tributary to the system must be controlled using all needed mechanisms including but not limited to adoption and implementation of industrial waste control and pretreatment ordinances. No wastewater can be accepted which will add toxic pollutants in quantities not generally associated with domestic wastewater characteristics, unless the acceptance of the additional wastewater can be supported through appropriate analyses acceptable to the Director. 6. 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. NC0021865. In the event of an NPDES Permit modification or renewal, any effluent limitations or monitoring requirements contained therein shall supersede those contained in Attachment A, B, and C of this Special Order by Consent, except as modified and contained in paragraph 2.(d) above. 7. Any Violation of terms of this Special Order by Consent. including paragraphs 2(b) and 2(e) above and Attachments A, B. and C shall terminate paragraph five (5) of this Order and any authorized additional waste not previously connected to the system shall not thereafter be connected until the necessary sewerage system improvements have been completed and placed in operation. 8. 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 Permittee. 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 December 1,1999. For the Town of Chadbourn: Print Name and Title of Signing Official Signature.of Signing Official Date For the North Carolina Environmental Management Commission: Chairman of the Commission Date EMC SOC WQ 90-30 AdDI Attachment A Town of Chadbourn NPDES Permit Number NC0021865 Columbus County EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - SUMMER (April 1- October 31) During the period beginning on the effective date of this Special Order and lasting until December 1. 1999, the Permittee is authorized to discharge from outfall serial number 001. Such discharges shall be limited and monitored by the Permittee as specified below: Effluent Characteristics Discharge Limitations Monitoring Requirements Flow BOD, 5 day, 20°C** Total Suspended Residue** NH3 as N Dissolved Oxygen* * * Fecal Coliform (geometric mean) Total Residual Chlorine Temperature, °C Total Phosphorus Total Nitrogen (NO2 + NO3 + TKN) Chronic Toxicity* * * * Units as Specified Monthly Average Weekly Avg. 0.820 MGD 30.0 ma/I 45.0 m2/I 30.0 mg/1 45.0 mg/I 2.0 mg/1 200.0/100 ml 400.0/100 ml Measurement Frequency Continuous 3/Week 3/Week 3/Week 3/Week 3/Week 3/Week Daily Quarterly Quarterly Quarterly Sample Type Recording Composite Composite Composite Grab Grab Grab Grab Composite Composite Composite *Sample Location I or E I,E I,E E E,U,D E,U,D fee. Russet) cot (r+ E, , E,U,D E E E * Sample Location: I -Influent, E-Effluent, U-Upstream at least 100 feet above discharge point, D-Downstream at least 300 feet below discharge point. Upstream and downstream samples shall be collected three times per week during June, July, August, and September and once per week during the remaining months of the year. ** The monthly average effluent BODS and TSS concentrations shall not exceed 15% of the respective influent value (85% removal). * * * The daily average dissolved oxygen effluent concentration shall not be less than 6.0 mg/I. **** Chronic (Ceriodaphnia) P/F at 84%; March, June, September, December; See Supplement to Effluent Limitations and Monitoring Requirements - Special Conditions page. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be monitored 3/week at the effluent by grab sample. There shall be no discharge of floating solids or visible foam in other than trace amounts. The Permittee may also be required to monitor for other parameters as deemed necessary by the Director in future permits or Administrative Letters. Note: Parameters underlined and noted in bold lettering above are the ony parameters modified as part of this Special Order by Consent (SOC). a EMC SOC WQ 90-30 AdIII Attachment A Town of Chadbourn NPDES Permit Number. NC0021865 Columbus. County EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - SUMMER (April 1- October 31) During the period beginning on the effective date of this Special Order and lasting until December 1. 1999, the Permittee is authorized to discharge from outfall serial number 001. Such discharges shall be limited and monitored by the Permittee as specified below: Effluent Characteristics Conductivity Cadmium Nickel Lead Copper Zinc Discharge Limitations Measurement Monthly Avg. Daily Max Frequency Units as Specified • 2.4 Ag/1 105.0 /41 30.0 ucg/1 3/Week Weekly Weekly Weekly 2/Month 2/Month Monitoring Requirements Sample *Sample Type Location Grab E,U,D Composite E Composite E Composite E Composite E Composite E * Sample Location: I -Influent, E-Effluent, U-Upstream at least 100 feet above discharge point, D Downstream at least 300 feet below discharge point. Upstream and downstream samples shall be collected three times per week during June, July, August, and September and once per week during the remaining months of the year. The Permittee may also be required to monitor for other parameters as deemed necessary by the Director in future permits or Administrative Letters. Note: Parameters underlined and noted in bold Lettering above are the only parameters modified as part of this Special Order by Consent (SOC). Flow BOD, 5 day. 20°C** Total Suspended Residue** NH3 as N Dissolved Oxygen* * * Fecal Coliform (geometric mean) Total Residual Chlorine Temperature, °C Total Phosphorus Total Nitrogen (NO2 + NO3 + TKN) Chronic Toxicity* * * * EMCSOC WQ90-30AWE Attachment B Town of Chadbourn NPDES Permit Number NC0021865 Columbus County • EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - WINTER (November 1- March 31) During the period beginning on the effective date of this Special Order and lasting until December 1, 1999, the Permittee is authorized to discharge from outfall serial number 001. Such discharges shall be limited and monitored by the Permittee as specified below: Effluent Characteristics Discharge Limitations Monitoring Requirements Units as Specified Measurement Monthly Avg. Weekly Avg. Frequency 0.820 MGD Continuous 30.0 m2/1 45.0 ma/1 3/Week 30.0 mg/1 45.0 mg/1 3/Week 4.0 mg/1 3/Week 3/Week 200.0/100 ml 400.0/100 ml 3/Week 3/Week Daily Quarterly Quarterly Quarterly Sample Type Grab Grab Composite E Composite E Composite E *Sample Location Recording I or E Composite I,E Composite I,E Composite E Grab E,U,D Grab E,U,D pm- 2c5sc 11 co(bif t�'1 E,U,D E,U,D * Sample Location: I -Influent, E-Effluent, U-Upstream at least 100 feet above discharge point, D-Downstream at least 300 feet below discharge point. Upstream and downstream samples shall be collected three times per week during June, July, August, and September and once per week during the remaining months of the year. ** The monthly average effluent BOD5 and TSS concentrations shall not exceed 15% of the respective influent value (85% removal). *** The daily average dissolved oxygen effluent concentration shall not be less than 6.0 mg/1. * * * * Chronic (Ceriodaphnia) P/F at 84%; March, June, September, December; See Supplement to Effluent Limitations and Monitoring Requirements - Special Conditions page. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be monitored 3/week at the effluent.by grab sample. There shall be no discharge of floating solids or visible foam in other than trace amounts. The Permittee may also be required to monitor for other parameters as deemed necessary by the Director in future permits or Administrative Letters. Note: Parameters underlined and noted in bold lettering above are the only parameters modified as part of this Special Order by Consent (SOC). EMC SOC WQ 90-30 Adf Attachment B Town of Chadbourn NPDES Permit Number NC0021865 Columbus County • EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - WINTER (November 1- March 31) During the period beginning on the effective date of this Special Order and lasting until December 1, 1999, the Permittee is authorized to discharge from outfall serial number 001. Such discharges shall be limited and monitored by the Permittee as specified below: Effluent Characteristics Conductivity Cadmium Nickel Lead Copper Zinc Discharge Limitations Measurement Monthly Average Daily Max Frequency Units as Specified 2.41ug/1 105.0 ,ug/1 30.0 Ag/1 3/Week Weekly Weekly Weekly 2/Month 2/Month Monitoring Requirements Sample *Sample Type Location Grab E,U,D Composite E Composite E Composite E Composite E Composite E • * Sample Location: I Influent, E-Effluent, U Upstream at least 100 feet above discharge point, D-Downstream at least 300 feet below discharge point. Upstream and downstream samples shall be collected three times per week during June, July, August, and September and once per week during the remaining months of the year. The Permittee may also be required to monitor for other parameters as deemed necessary by the Director in future permits or Administrative Letters. Note: Parameters underlined and noted in bold Lettering above are the oh parameters modified as part of this Special Order by Consent (SOC). EMC SOC WQ 90-30- AdIU Attachment C Town of Chadbourn NPDES Permit No. NC0021865 Columbus 'County CHRONIC TOXICITY PERMIT LIMIT (QUARTERLY) The effluent discharge shall at no time exhibit chronic toxicity using test procedures outlined in the "North Carolina Ceriodaphnia Chronic Effluent Bioassay Procedure," Revised November 1995, or subsequent versions. The effluent concentration at which there may be no observable inhibition of reproduction or significant mortality is 84.0% (defined as treatment two in the procedure document). The permit holder shall perform quarterly monitoring using this procedure to establish compliance with the permit condition. The tests will be performed during the months of March, June, September, and December. Effluent sampling for this testing shall be performed at the NPDES permitted final discharge below all treatment processes. All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Monitoring Form (MR-1) for the month in which it was performed, using the parameter code TGP3B. Additionally, DWQ Form AT-1 (original) is to be sent to the following address: Attention: Environmental Sciences Branch North Carolina Division of Water Quality 4401 Reedy Creek Road Raleigh, North Carolina 27607 • Test data shall be complete and accurate and include all supporting chemical/physical measurements performed in association with the toxicity tests, as well as all dose/response data. Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of the waste stream. Should there be no discharge of flow form the facility during a month in which toxicity monitoring is required, the permittee will complete the information located at the top of the aquatic toxicity (AT) test form indicating the facility name, permit number, pipe number, county, and the month/year of the report with the notation of "No Flow" in the comment area of the form. The report shall be submitted to the Environmental Sciences Branch at the address cited above. Should any single quarterly monitoring indicate a failure to meet specified limits, then monthly monitoring will begin immediately until such time that a single test is passed Upon passing, this monthly test requirement will revert to quarterly in the months specified above. Should the permittee fail to monitor during a month in which toxicity monitoring is required, then monthly monitoring will begin immediately until such time that a single test is passed. Upon passing, this monthly test requirement will revert to quarterly in the months specified above. Should any test data from this monitoring requirement or tests performed by the North Carolina Division of Water Quality indicate potential impacts to the receiving stream, this permit may be re -opened and modified to include alternate monitoring requirements or limits NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control organism survival, minimum control organism reproduction, and appropriate environmental controls, shall constitute an invalid test and will require immediate follow-up testing to be completed no later than the last day of the month following the month of the initial monitoring.