NC0023337_Special Order by Consent_20070124

NPDES DOCUMENT SCANNING COVER :SHEET
NC0023337
Scotland Neck WWTP
NPDES Permit:
Document Type:
Permit Issuance
Wasteload Allocation
Authorization to Construct (AtC)
Permit Modification
Complete File - Historical
Engineering Alternatives (EAA)
Correspondence
Owner Name Change
"" di taf A- der 6/171
Instream Assessment (67b)
Speculative Limits
Environmental Assessment (EA)
Document Date:
January 24, 2007
This document ism printed ozi reuse paper - ignore any
content on the resreriae saddle

ROY COOPER
ATTORNEY GENERAL
State of North Carolina
Department of Justice
9001 Mail Service Center
RALEIGH, NORTH CAROLINA
27699-9001
January 24, 2007
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Town of Scotland Neck
Robert B. Partin, Mayor
P.O. Box 537
1310 Main Street
Scotland Neck, NC 27874
Re: 06 EHR 1758
Dear Mr. Parton:
REPLY TO:
Nancy R. Dunn
Environmental Division
Tel: [phone]
Fax: [phone]
I received your letter dated January 19, 2007 in which you requested that I assist you in
obtaining examples of what relevant DWQ staff consider "extraordinary events beyond the
permittee's control." Inlet with my clients yesterday to discuss your case, and they provided me
.with the following example: in the event that a concrete structure unexpectedly collapsed,
causing permit limit violations, DWQ would consider the violations to have been caused by an
extraordinary event beyond the permittee's control. I hope that you find this example helpful. I
am sending along with this letter the Motion to Dismiss that I have filed with OAH today. Please
contact me if you have any further questions.
Sincerely,
Nancy Reed
Assistant Attorney General
cc: Paul Rawls
E CEO'VE
JAN 26 2007
DENR - WATER QUALITY
SURFACE WATER PROTECTION SECTION

ROY COOPER
ATTORNEY GENERAL
State of North Carolina
Department of Justice _
9001 Mail Service Center
RALEIGH, NORTH CAROLINA
27699-9001
December 27, 2006
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Town of Scotland Neck
Robert B. Partin, Mayor
P.O. Box 537
1310 Main Street
Scotland Neck, NC 27874
Re: 06 EHR 1758
Dear Mr. Parton:
REPLY To:
Nancy R. Dunn
Environmental Division
Tel: [phone]
Fax: [phone]
I received your letter dated December 20, 2006, in which you requested that I assist you
in obtaining a response to your letter dated November 17, 2006, and addressed to Alan Klimek of
the Division of Water Quality ("DWQ") of the Department of Environment and Natural
Resources ("DENR"). I apologize that you have not received a reply sooner. DWQ, my client,
has been instructed that in cases such as this, where litigation is pending, their attorney should
respond to all correspondence. Paul Rawls of DWQ and I have made several attempts to
reach each other to discuss your letter, however, due to the holiday season, we have been
unsuccessful. Thank you for forwarding me the letter, and please direct all future
correspondence to me at the following address:
Nancy Reed Dunn
Assistant Attorney General
North Carolina Department of Justice
Environmental Division
9001 Mail Service Center
27699-9001
I will discuss your request for examples of "an extraordinary event beyond the permittee's
control," with my client. DWQ believes that stipulated penalties were properly assessed for
violations of the SOC, and, therefore disagrees with your conclusion that they have refused to
honor the SOC. We will continue to attempt to work with you to provide you information on an
informal basis, instead of through formal discovery procedures. Please notify me when you have

retained counsel in this matter, as a non -lawyer may not represent the town of Scotland Neck in a
case that is pending before the Office of Administrative Hearings.
Sincerely,
Nancy Dunn
Assistant Attorney General
cc: Paul Rawls

ttiafun of $ccdiatth Nech
NANCY JACKSON
TOWN ADMINISTRATOR/CLERK
August 17, 2006
Charles Wakild, P.E.
Surface Water Protection Supervisor
Raleigh Regional Office
1628 Mail Service Center
Raleigh, North Carolina 27699-1628
Dear Mr. Wakild:
P.O. BOX 537 94-1An76
1310 MAIN STREET i,
SCOTLAND NECK, NC 27864
1-0
2006 ` p-
DENK - AMER ER DUAISTI
POINT SOURCE BR
OW
•
. MAYOR:
ROBERT B. PARTIN
COMMISSIONERS:
KENNETH BRANCH
BRYAN DOBSON
CHARLIE SHIELDS
MARCELLE SMITH
RAYMOND WATSON
We are in receipt of your August 14, 2006 letter and we are disappointed. You stated in
paragraph 3 that after thorough review, you agreed that the violations were due to
unanticipated plant equipment breakdowns and weather delays due to a series of
hurricane events. The recognition of these causes should allow you the option of
applying Section 4a. & 4d of the SOC and waive the fines.
•
This is the first SOC that we have ever entered into with the State. We were advised to
signthis because of the modified effluent limits needed during construction. We also had
the assurance and understanding that Section 4 of the SOC would allow the State some
leniency in case we were out of compliance due to circumstances beyond the Town's
control.
We have proven that the town acted both swiftly and financially to correct all
extraordinary events that occurred at the plant. We can prove that we were forced to
spend $76,776.80 for repairs and remedial action trying to keep the plant in order. I do
not know what the Town could have done any differently than what we did. I have
always respected our state agencies and consider them to be partners with municipalities
in serving the citizens of North Carolina. I encourage your monitoring of our operations,
but would appreciate a little bit of understanding and compassion when it comes to
levying fines.
We are much wiser concerning all of the possible delays and problems that can occur
when working with engineers, plant operators, contractors and yes, even the State. We
made application for applying sludge in June 2004 and did not receive final approval
until December 2005, some 18 months later. As a result of the delay, we spent
$46,813.00 to contractremoval of our sludge.
Phone: [phone] • Fax: [phone] • www.townofscotlandneck.com

f
One of our violations that you have cited us for occurred in October 2004: our BOD was
1 mg/1 over our limit of 45 mg/l. We do not understand how the effluent limits can be
modified in the SOC from 15.0 mg/1 to 45.0 mg/I without any harm to the downstream
aquatic life, but are punishable by heavy fines if you exceed it by the slightest margin.
We will accept the penalties accessed ($2,323.89) after the plant completion dates and
will work hard to keep the plant in compliance. But, we are not in a position to pay all of
the unexpected cost of operating the plant and also pay the State fines that will not solve
any of our problems. We don't need to be fined to respect the law, but we do ask for
mercy when circumstances occur that are beyond our control. Your letter also suggested
19 state recommendations (unfunded mandates) that still need to be done to achieve full
compliance with our NPDES discharge permit. We are committed to accomplish this
expensive task, but we need to utilize our limited funds to pay for plant improvements
instead of fines.
We are also still recovering from over $80,000.00 of taxes that was withheld by the
Governor to balance the state budget in 2002, therefore, we are prepared to appeal this
fine in any way possible.
Thank you for your understanding.
Sincerely,
GUIL e.
Robert B. Partin
Mayor
cc: Senator Robert Holloman
Paul Rawls
Harry Dail
Vanessa Manuel
Gary Stainback

Michael F. Easley, Govemor
William G. Ross, Jr., Secretary
North Carolina Department of Environment and Natural Resources
August 14, 2006
CERTIFIED MAIL 7006 0810 0002 6048 6714
RETURN RECEIPT REQUESTED
Robert B. Partin, Mayor
Town of Scotland Neck
PO Box 537
Scotland Neck, NC 27874
Subject: SOC WQS01-008 Penalties
Town of Scotland Neck WWTP
NC0023337
Halifax County
Dear Mayor Partin:
Alan W. Klimek, P.E., Director
Division of Water Quality je
91')Amo °A
DENR-WATER QUALITY
POINT SOURCE BRANCH
Thank you for arranging to meet with us along with your operators and consulting engineers on
July 28, 2006. The meeting was very productive in terms of clarifying events at your
wastewater treatment plant over the past few years, as well as what still needs to be done to
achieve full compliance with your NPDES wastewater discharge permit.
Scotland Neck entered into the Special Order by Consent with the NC Environmental
Management Commission in January 2004. The SOC contained, among other things, a schedule
of compliance whereby the Town agreed to construct certain facilities by specified dates, and
interim effluent values which provided the Town modified effluent limits until those facilities
were built and in service. The SOC contained agreed -upon stipulated penalties for failure to
meet schedule dates and for failure to meet interim effluent limits.
As was thoroughly reviewed and discussed during the recent meeting, the Town did not meet
scheduled dates and interim effluent limits primarily due to unanticipated plant equipment
breakdowns and weather delays due to a series of hurricane events. The timeline provided by
your engineer clearly linked the delays with those events and explained the causes for delay and
for failure to meet interim effluent limits. While not meeting the dates specified in the SOC, the
Town did complete all construction within the time frames of extended schedules in the change
order documents issued by the Construction Grants and Loans Section of DWQ.
Based on the information provided, we have re-evaluated the stipulated penalty amounts owed
by Scotland Neck (see enclosed revision). The stipulated penalty amount totals $38,991.15.
Based on the financial burden on the Town, your personal commitment to achieving compliance,
and to avoid extended and costly legal proceedings, we are willing to consider a se lenient offer
by the Town of $20,002.37. Furthermore, we would consider monthly payments of $833.43 over
24 months to further lessen the impact on the Town's finances. If you wish to settle the
stipulated penalties for this amount, please let me know and I will provide guidance on how to
proceed.
North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Phone [phone] Customer Service
Internet: www.ncwaterquality.org 1628 Mail Service Center Raleigh, NC 27699-1628 FAX [phone]
An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper
`"'c Carolir
,NaturaII

Scotland Neck Penalties, August 2006
During the meeting we also discussed penalties for effluent limit violations which have occurred
since the SOC expired. We have reviewed those penalties in light of the new information.
Those penalties now total $4,350.00 through June 2006. Again, based on the financial burden on
the Town, we will consider an offer to settle this amount for $2,323.89. We will forward a
separate letter to you more formally notifying you of these penalties and detailing your response
options. Be advised, however, that continued violations of effluent limits will result in further
penalties.
We spent considerable time during our meeting discussing what still needs to be done to achieve
full compliance with your NPDES discharge permit. You agreed to have your engineer submit a
comprehensive ' along with an implementation schedule within two weeks. The following is
a liseatem's '` w we expect to see addressed in this plan:
1. Reducing solids inventory within the plant
2. Outlets for the removed solids
3. Flow proportional sampling
4. Management of filter backwash water
5. Evaluation of sludge transfer station pumps
6. The gate opening that exists at the end of the digester.
7. Generator servicing for reliable operation
8. MH#1 (the overflow location observed during our recent visit
9. Weirs in both clarifiers
10. Sludge drying beds
11. Detailed evaluation of oxidation ditch aeration
•
12. Effluent flow measurement
13. Disinfection system
14. An operation and maintenance plan
15. Further I&I analysis
16. Spray field system
17. Fats, oil and grease management
18. Sand filter maintenance
19. Evaluation of utility rates to ensure sufficient funding of operations, maintenance,
equipment replacement and emergency repairs
Page 2 of 2

Scotland Neck Penalties, August 2006 Page 3 of 3
I realize this is a difficult issue for Scotland Neck to manage, but full compliance is expected
from everyone who has a permit to collect, treat and dispose of wastewater. Thank you for your
continued attention to this matter.
If you have any questions, please contact me at 919-571-4700.
Enclosure.
Sincerely,
Charles Wakild, P.E.
Surface Water Protection Supervisor
Raleigh Regional Office
cc: Paul Rawls
I ss Manuel: ,,. 4
Harry Dail; Engineering Services
Jerry Ri inner, TACU
Gary Stainback, United Water
Central Files
RRO/SWP files
0
�o _.....0
iz

Scotland Neck Stipulated PenaltiesD.xls
NPDES Permit NC0023337
EMC SOC WQ S01-008
Revised Penalty Analysis 8/9/2006
SOC Violation
SOC Stipulated
Penalty Schedule
DWQ Penalty
Recommendation
Interim Effluent Limits: Sec.2(d)
1
BOD, NH3-N monthly avg. (0ct.'04)
$4,616.73
$2,308.37
BOD, NH3-N monthly avg. (Nov.'04)
$4,116.73
$2,058.37
NH3-N monthly avg. (Sept.'04)
$2,000.00
$1,000.00
NH3-N monthly avg. (Dec.'04)
$2,000.00
$1,000.00
BOD weekly avg. (Dec. 4, 2004)
$500.00
$250.00
BOD weekly avg. (Dec.11, 2004)
$500.00
$250.00
NH3-N monthly avg. (Apr.'05)
$2,000.00
$1,000.00
NHS N monthly avg. (May'05)
$2,000.00
$1,000.00
Fecal weekly geo. mean (July 2, 2005)
$500.00
$250.00
Scheduled Activity Dates:
Days late
$500/day for 1st 7
days; $50/day
thereafter
Achieve compliance with Final Effuent Limits Sect. 3
N/A
$20,757.69
S10,378.85
Totals
$38,991.15
$19,495.58
Enforcement Costs
$506.79
Grand Total Stipulated Penalties
$20,002,37
F— LJ-SUS— of o9
4-- [. V- ZQA; - tl I O
8/14/2006

[Fwd: Scotland Neck WWTP SOC Penalties]
Subject: [Fwd: Scotland Neck WWTP SOC Penalties]
From: Paul Rawls <[e-mail]>
Date: Fri, 25 Aug 2006 11:55:24 -0400
To: Vanessa Manuel <[e-mail]>, Gil Vinzani <[e-mail]>, Matt Matthews
<Matt.Matthews©ncmail.net> •
FYI
Subject: Scotland Neck WWTP SOC Penalties
From: "scotneck" <[e-mail]>
Date: Thu, 24 Aug 2006 16:33:51 -0400
To: "Chuck Wakild" <chuck.wakild Q ncmail.net>
CC: <[e-mail]>
Mr. Wakild,
I first would like to thank you for the opportunity to meet with you, Paul Rawls, and Tom Poe to discuss our impending SOC
penalties and the condition of our WWTP. This week, there has been back and forth conversations between DWQ,
Engineering Services, HydroManagement and myself. We have reached an agreement to re-route the backwash from our
tertiary filters to our drying beds. Per Cecil Madden, this will be a viable solution. We are in the process of taking bids on
doing this work. Currently, we are beginning to haul the old sludge out of the drying beds to the Bertie County Landfill. We
are also seeking bids on raising the wall on the oxidation ditch. It is my understanding that Engineering Services is making
every effort to correct the problem with our UV System. We have already replaced failing pumps in our deep well. Also, we
are putting together a "stronger" grease ordinance that will be enforced.
Secondly, Mayor Partin is very compassionate about Scotland Neck and is deeply concerned when we have issues such as
the SOC penalties. As indicated in his letter of August 17th, we feel circumstances beyond our control are just that. Paying
the $20,000 penalty serves no purpose. We are desperately expending funds to correct our issues at the plant - issues that
may should have been recognized beforehand (?). During construction, we spent approximately $80,000 trying to stay in
compliance. We addressed issues as they arose as quickly as possible. Perhaps we were not equipped to handle the
problems such as the loss of the two rotors in the oxidation ditch, but who could have known it would happen at such a time.
Back to back rain events hampered our sampling as well as construction progress. If I am understanding our filter backwash
problem, it seems to me that if we have realized during construction, and even better before construction started that the
backwash was going to be so influential in our sampling, we could have taken steps to correct that issue then and maybe we
would not have been in violation during and after the SOC. I will gladly be the "poster child" for what to look for as an
Administrator during projects, especially those associated with an SOC. If I can help another small, struggling town, 1 will do
so gladly.
As Mayor Partin indicated in his letter, we will graciously accept the $2,323.89 penalties, but with the $20,000 - if ever there
was an exception to the rule, we feel this is exactly our case.
It is with deepest respect that I ask that our situation be reconsidered. 1 will do my absolute best to ensure that the Town of
Scotland Neck WWTP will not be a problem to your office in the future.
Sincerely,
Nancy Jackson
Town Administrator/Clerk
Town of Scotland Neck
Scotland Neck WWTP SOC Penalties
Content -Encoding: 7bit
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08/25/2006 11:57
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PAGE 01/06
RICHARD H MOORE
TREASURER
State of Nort
Department of SI
Post -It* Fax Note 7071
T° 'V14r+/a55A s 4 4Nua
cofOept. 4 �� a
Date 8 _Zs- la. 0. 6
From
Co
Rhon 13.S 5-0
Fax IS
State and Local Government Finance Division
and the Local Government Commission
August 3, 2006'
The Honorable Robert Partin, Mayor
Town Of Scotland Neck
POBox 537
Scotland Neck, NC 27874
Dear .Mayor Partin:
Ds l
Phone v 2.3
(0
Fax is
T VANCE H0I.cos4AN
DErUTy TREAS rneR
446 bij
c)CAt Ate. C *.t,let
- Lac R.e
Wecr
Scoff !�'
The staff of the Local Government Commission has analyzed the the Town of Scotland Neck for the fiscal year ended June 30, 2005.audited financial statements of
feel we should bring the following items to your As a result of our review we
attention.
The Town's audited financial statements were not received in our well after the due date of October 31, 2005. .A report received by the Boartil January 20, 2006,
months
after year-end identifies financial and operational problems after it isBoard over six months
take any effective action. As stewards of the too late for the Board to
responsible for ensuring that audited financial statements public'sare resources, the governing body is
available to the public. in a timely
manner. Information in the report is needed by various external
Carolina General Assembly, federal and State agencies that rovid groups, such as the North
associations. We urge the Board to determine the cause of the a funding, and other public
action to ensure that the audited financial statements . for the current yea take the appropriate
submitted by October 3 I, 2006.
nYear are completed and
We continue to note signs of financial weakness in the W
liabilities exceeded liquid assets (cash, investments, and trecenvaSeWer Fund because current
indication of the Water and Sewer Fund's ability to payits currentbias}' This ratio gives an
measure of short-term liquidity. This liquidity ratio was low becaubills, thereby providing a
q �ty. the Fund reported a net to ss
on its budget -to -actual statements of $94,319 and had a net decrease in cash of $343
the repayment of a 2004 bank overdraft of $554,708 arisingfrom ,960 due to
overdraft of S40,766 is reported at June 30, 2005. From a conversationewith Nancy ct. A bank
Town's finance officer, on July 5, 2006, we understand that Water and.Nancy Jackson, the
increased for 2006-2007. She also said that additional revenue was beSewer rates have been
sewer connection from the Town of Hobgood and that the capital generated from the new
completion. The Board should continue to monitor the Water and Sewer project was close to
revenues are structured adequately to cover the cost of operation, capital outlay fund andtsee thaterthe
The practice of overdrawing bank balances should not be continuedd Clay debt service.
drawn down as quickly as possible. grant monies should be
31S North Salisbury Street. Raleigh. North Carolina 27603-138S
Telephone: [phone] Fax. [phone] Websitc: www nc reosurer corn
An Equal OPporrnnay/4Jprmative Action Employer

08/25/2006 11:57 9198072377
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PAGE 02/06
The Honorable Robert Partin, Mayor
Town Of Scotland Neck
August 3, 2006
Page 2
The Water and Sewer Fund also reports that it is owed $300,000 from the addition, the EIectric Fund reports that it is owed $530,000 from General Fund. In
to the General Fund from the enterprise funds occurred some ytearGeneral Fund. These loans
appears to be strong enough to begin to repay the loan to the Water and Sewee General Fund
with the effort to improve the Water and Sewer fund's fmancialconditionr Fund aand avoid d ank
overdrafts. The loan from the Electric Fund can be repaid or forgiven. Ifitis ts t batik
that these loans to the General Fund from the Water and Sewer and Elec i he Board's intent
repayment schedule should be implemented that reduces these loans bya Funds be repaid, a
nable
each year. Wit is not the Board's intent that these loans be repaid, theyshould be reclassified
amount
transfers. be reclassified as
In the General Fund, expenditures for General Governtnent were made
f
appropriations authorized by the budget ordinance. There were also over expendituresto eeinss e
Electric Fund and in the Water and Sewer Fund for operations and equipment purchases/capital
in the
outlay. The Water and Sewer Capital Project is also over expended. North Ca chases/capital
ery
specific guidelines regarding the preparation and adoption of the budget ordinance, has own
should take care to ensure that it complies with these requirements. Also, the and the Town
his/her .sureties are legally liable for any sums that are disbursed without
officer and
an authorised
appropriation. Accordingly, expenditures should be controlled or the budget amended before
making any unauthorized disbursements. [G.S. 159-I3, 159-25, 159-28 b and a
Carolina De artment of State Treasurer Policies Manual contains a section(,� The North
provides guidance in establishing and maintaining budgetary controls. A copy of thn is
s budgeting that
be downloaded from our website at httn://www.nctreasurer.co�nn. Selet "State
section can
Govemznent" followed by "Auditing and Reporting Resources" and "Policies State and Local
Man_uaI".
Please write to us about your plans to resolve these matters. If
contact me at [phone]. you have any questions please
cc:
Sincerely,
Sharon Edmundson,
Director, Fiscal Management Section
Russell Tutor, Town Administrator
Ms, Nancy Jackson, Finance Officer
Pate Horton & Ess, P.A.

08/25/2006 11:57 9198072377
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dun of
P. O. BOX 537
SCOTLAND NECK, NC 27874
NANCY JACKSON
rOwN CLERK
June 6, 2005
Mr. T. Vance Holloman
Director, Fiscal Management Section
Local Government Commission
325 North Salisbury Street
Raleigh, NC 27603-1385
Dear Mr. Holloman:
LOCA•. v ..
M.: (Of1:
ROSER•i C. !:,a.- !t•:
KENNETH ER NrH
LEONARD E'.IPITING
BRYAN GO©SON
CHARLIE SHIEL::6
RAYMOND wAr sor!
In response to your letter dated February 28, 2005, the Town of Scotland Neck has
diligently worked through two phases of a three phase Sewer Collection System and
Wastewater Treatment Plant upgrade. This upgrade has been funded through Rural
Center, Cleanwater Management Funds and Construction Grants and Loans all totaling
$4.5 million. We hope with these upgrades, old sewer lines in our collection system and
upgrades to equipment at our Wastewater Treatment Plant will reduce our monthly
repairs and maintenance expenditures for our Sewer Fund. Inflow and infiltration will be
greatly reduced, thus lowering our treatment costs. Phase I1'I is currently getting
underway which will consist of more collection system upgrades as well as wastewater
treatment plant upgrades. The Town has spent a great deal of money towards keeping
our plant in compliance. Most of these expenses were not budgeted but were potentially
"mandated" by DENR in order to meet compliance standards. We joined the Tar
Pamlico River Basin Association in order to lower our effluent limits during the upgrade
period. This was at a cost of $30,000. We also were required to pay $1.5,505.12 in
violations as a condition to secure a Special Order of Consent (SOC) for the upgrade time
period for our wastewater treatment plant.
Please find attached our most recent bank statement reflecting monies belonging to the
Sewer Fund that have been used for pay requests for our upgrade project. The grants
have operated as rejmb.tusablc funding. We use this money to pay our contractors as well
as receive reimbursements rom the various funding sources. This money will be
returned to our sewer fund which will increase its cash flow.
By the end of June, the Town of Scotland Neck will receive sewer from the Town of
Hobgood. As an unscwered community, Hobgood applied for and received sewer
funding to install a collection system and lift stations in town. The main piece of their

08/25/2006 11:57
9198072377
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PAGE 04/06
project was to construct a sewer line between Scotland Neck and Flobgood. This will be
an added revenue to the Town of Scotland Neck.
We are working hard to make our Sewer Fund as self sup
ortinas
have any further questions, please do not hesitate to contact meg possible. Should you
Sincerely,
Nancy Jackson
Town Administrator/Clerk
cc: Mayor Robert B. Partin
Pete Horton, CPA

08/25/2006 11:57
Tr
Y
RICHARD H. MOORE
TREASURER
9198072377 LGC
State of North Carolina
Department of State Treasurer
PAGE 05/06
State and Local Government Finance Division
and the Local Government CommissionAK E
JANiI
DEFUrY TREASuRSuRc,R
February 28, 2005
The Honorable Robert Partin, Mayor
Town of Scotland Neck
Post Office Box 537
Scotland Neck, North Carolina 27874
Dear Mayor Partin:
The staff of the Local Government Commission has analyzed the audited financial
statements .of the Town of Scotland Neck for the fiscal year ended June 30, 2004. As a
result of our review we feel we should bring the following items to your attention.
We noted signs of financial weakness in the Water and Sewer Fund because current
liabilities exceeded the liquid assets (cash, investments, and receivables) presented as
unrestricted. This ratio gives an indication of the Fund's ability to pay its current bills,
thereby providing a measure of short-term liquidity. From subsequent conversations with
Finance Officer Nancy Jackson, it is our understanding that the amount shown as
restricted cash contains the amount "advanced" from the operations portion of the Water
and Sewer Fund to the capital project, and ultimately, will be returned to the operations
portion.
Also from our review of the Statement of Cash Flows for the Water and Sewer Fund, we
noted that cash used in operations was a negative $35,524. This indicates that more cash
was used in operations than was generated by the sale of water and sewer services.
Operations should be generating a positive cash flow in order to fund the other
obligations of the Fund, such as debt service. During the 2003-04 fiscal year, the Town
had debt service obligations of $ l 39,240, without any apparent current funding source.
In addition, the budget to actual schedule for this fund (Exhibit E-5) shows a large,
unbudgeted expenditure for capital outlay in the operations portion of the Water and
Sewer Fund. By state law, no expenditures should be .made which are not authorized in
the adopted budget ordinance. The board should review the nature of this expenditure
and the associated approval procedures in order to determine if, procedural changes are
needed. From your management's discussion and analysis, we are aware that the Town
lias renegotiated this Fund's outstanding debt to a lower interest rate. Please write to us,
32:' NUM .s'oh,,•hury ,Street, Raleigh, Noah Carolina 27603-1385
Tcicphour. f919) Rfl7 .6O Fax: [phone] Wrh uc: treasurer store nc us
An Equal Opparnitilty/ll irmauwc Action F i nployer

08/25/2006 11:57 9198072377
The Honorable Robert Partin, Mayor
Town of Scotland Neck
February 28, 2005
Page 2 •
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PAGE 06/06
outlining what other efforts the Town is making to im.provc the financial condition of the
Water and Sewer Fund.
We noted various weaknesses in your Town's internal control system which were
communicated in the management letter. Your auditor noted the lack of segregation of
dutics. If a unit of government can not adequately segregate duties in the finance office
due to a limited staff size, internal controls may be strengthened by members of the
governing board performing such tasks as opening bank statements, reconciling bank
accounts, counter signing and mailing checks and tracing receipts in to bank deposits. A
discussion of internal controls in small units of government can be found in Local
Government Commission memorandums numbers 568 and 569. Copies of those
memorandums are enclosed.
Please write to us about your plans to resolve these matters. If you have any questions
please contact me at [phone].
Sincerely;
T. Vance Holloman,
Director, Fiscal Management Section
cc: Russell Tutor, Town Administrator
Ms. Nancy Jackson, Finance Officer
Pate, Horton & Ess, P.A., CPAs

F\NAirp
,
Michael F. Easley
Govemor
William G. Ross, Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
Coleen H. Sullins, Deputy Director
Division of Water Quality
The Honorable Robert B. Partin, Mayor
Town of Scotland Neck
P.O. Box 537
Scotland Neck, North Carolina 27874
Subject: Special Order by Consent
Town of Scotland Neck - WWTP
NPDES Permit NC0023337; EMC SOC WQ SO1-008
Halifax County
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7000 1530 0002 2100 5817
Dear Mayor Partin:
Attached for your records is a copy of the signed Special Order by Consent (SOC) approved by
the Environmental Management Commission. As stipulated in item 2(a) of the SOC, the Town
is required to submit a certified check in the amount of $15,505.12 to the Division of Water
Quality upon receipt of the approved and executed Order. However, the Division has agreed to
allow the Town to submit payment of the up -front penalty in two (2) installments. The first
payment of $7,752.56 is due to the Division no later than fifteen (15) days following the date on
which the signed and executed Order is received by the Town. The balance of the up -front
penalty, $7,752.56, will be due on or before August 31, 2004. For each payment, send a certified
check in the amount of $7,752.56 payable to the Department of Environment and Natural
Resources; fonvard each payment to the Director of the Division of Water Quality at the
letterhead address.
The terms and conditions of the Order are in full effect, and you are reminded that all final
permit limits contained in the permit must be met except those modified by the conditions of the
Order. •
Additionally, as specified in paragraph 2(e) of the Order, you are required to submit to this office
written notice of compliance or non-compliance with meeting any schedule date.
Pursuant to amended North Carolina General Statute 143-215.3D, effective January 1, 1999,
water quality fees have been revised to include an annual fee for any permit covered under a
Special Order by Consent, in addition to the annual fee for the permit. The Town will be subject
to a fee of $250.00 on a yearly basis while under this Order, in addition to an annual permit fee
of $715.00. The Town will be billed for this at a Iter date.
ATA
NCDENR
N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 [phone] Customer Service
1 800 623-7748

NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF HALIFAX
IN THE MATTER OF
NORTH CAROLINA
NPDES PERMIT
NO. NC0023337
HELD BY THE
TOWN OF SCOTLAND NECK
)
) SPECIAL ORDER BY CONSENT
) EMC SOC WQ NO. SO1-008
)
)
)
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 Scotland Neck, 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 NC0023337 for operation of an
existing wastewater treatment works and for making an outlet therefrom for treated wastewater to
Canal Creek, Class C NSW waters of this State in the Tar Pamlico River Basin, but is unable to
consistently comply with the final effluent limitations for BODS, NH3 as N, Total Suspended
Residue, Fecal Coliform, Total Residual Chlorine, Total Nitrogen, Total Phosphorus and
Chronic Toxicity as set forth in the NPDES Permit. In addition, the Town has reported elevated
flows in the WWTP due to excessive inflow and infiltration (I&I). Compliance will require
preparation and implementation of a plan for WWTP upgrades and to identify and reduce I&I
into the sewer system.
(b)
Noncompliance with fmal effluent limitations and unauthorized discharges of partially treated
sewage 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 has secured a grant or otherwise secured financing for planning, designing, or
constructing a new or improved waste collection and waste disposal system which, once
constructed and operated, will be sufficient to adequately treat wastewater presently being
discharged, to the extent the Town will be able to comply with fmal effluent permit limits.
(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.
(e) Based upon the Town's acceptance into the Tar Pamlico Basin Association (TPBA) on April 12,
2002, the Division of Water Quality (DWQ), at the Town's request, removed the nutrient limits
from the Town's NDPES Permit. The Town is, however, still responsible for all monitoring
requirements for Total Nitrogen and Total Phosphorous. If at any time membership in the TPBA
is canceled, withdrawn, or not kept current, the Total Nitrogen and Total Phosphorous limits will
be immediately reinstated in the permit.
(f)
That the Town desires to allow the discharge of 3,700 gpd of additional wastewater to the
treatment works, and that the discharge of such additional wastewater will not result in any
significant degradation of the quality of any waters. See item 5.

2. The Town, 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 NC0023337 prior to entering into this
Special Order by Consent, the Town agrees to an up -front penalty in the amount of ,$31,262.81.
A certified check in the amount of $15,505.12 must be made payable to the Department of
Environment and Natural Resources and forwarded to the Director of DWQ at 1617 Mail
Service Center, Raleigh, North Carolina 27699-1617 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
Town. The remaining balance of the up -front penalty ($15,757.69) will be waived in full upon
verification that the Town has successfully met compliance as called for in this Order. Should
the Town fail to meet compliance, as called for in this order, the Town will be required to pay in
full the balance of the up -front penalty amount and any other penalties called for in this Order,
and a certified check must be made payable to the Director of DWQ as noted above no later than
fifteen (15) days following the date on which this Order expires.
(b) Undertake the following activities in accordance with the indicated time schedule:
1) I&I Removal Phase I — Replace 8,266 linear feet of sewer line, 38 manholes, the #1
pump station, rehabilitate four (4) pump stations and install auto -dialers.
a) Submit an application for Sanitary Sewer System Improvements on or before
June 10, 2002. (MET)
b) Bid project on or before January 30, 2003. (MET)
c) Complete construction on or before February 28, 2004. id 1f 1%/29/r"Y
2) I&I Removal Phase II — Replace 18,276 linear feet of sewer line, 88 manholes, and an
estimated 100 taps.
a) Submit an application for Sanitary Sewer System Improvements on or before
April 15, 2003. (MET)
b) Bid project on or before January 15, 2004. (MET)
c) Complete construction on or before January 1, 2005.
3) Evaluate the effectiveness of the I&I rehabilitation and prepare a summary report and
submit it to the Raleigh Regional Office on or before February 28, 2005.
4) WWTP upgrades Phase I — Refurbish the influent pump station, renovate an existing
clarifier, and repair/replace the grit removal auger.
a) Submit an application for repair/upgrade on or before August 31, 2002. (MET)
b) Bid project on or before March 31, 2003. (MET)
c) Complete construction on or before February 28, 2004. l Eb 1/11/
5) WWTP upgrades Phase II — Construct a flow reduction/spray application system, install
new automatic bar screen and new tertiary filter system.
a) Submit an application for WWTP upgrades on or before April 15, 2003. (MET)
b) Bid project on or before January 15, 2004. (MET)
c) Complete construction on or before January 1, 2005.
6)
?di evi
WWTP upgrades Phase III — Make repairs, renovations, and improvements to the
existing aeration basins, and construct a new sludge digester or retrofit existing
equipment to serve as a digester.
a) Submit an application for repair/upgrade on or before May 1, 2004. — eret 11 I ?ZD
b) Bid project on or before October 1, 2004. (M T )
c) Complete construction on or before July 1, 2005.
2

7) Achieve compliance with all fmal effluent limitations contained in NPDES Permit
Number NC0023337 on or before September 30, 2005. After this date, the Town
returns to fmal effluent limits, and the Town is subject to civil penalties for all
violations of NPDES Permit Number NC0023337.
8) Submit quarterly progress reports detailing the work and activities undertaken and
completed on the WWTP upgrades and I&I rehabilitation during the calendar quarter.
Also include an estimated amount of I&I eliminated during the calendar quarter. The
reports are to be submitted as follows: one copy must be mailed to the Raleigh Regional
Water Quality Supervisor, Division of Water Quality, 1628 Mail Service Center,
Raleigh, NC 27699-1628, and one copy must be mailed to the Point Source Compliance
Enforcement Unit, Division of Water Quality, 1617 Mail Service Center, Raleigh, NC
27699-1617. The copies of the reports are due in each respective office no later than the
thirtieth (30th) day of January, April, July, and October for the duration of this Order.
(c) Comply with all terms and conditions of the permit except those effluent limitations identified in
paragraph 1(a) above. See Attachments A and B for all current 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
interim effluent limitations as contained in Attachments A and B. Note it is reflected on
Attachment A that the Town is still responsible for the monitoring requirements for Total
Nitrogen and Total Phosphorous. The permittee may also be required to monitor for other
parameters as deemed necessary by the Director in future permits or administrative letters.
Under this Special Order by Consent, ONLY the parameters listed below have been modified
from the most current NPDES Permit in effect for outfall 001.
Permit Limits
Modified Limits (SOC)
Parameter
Unit
Monthly
Average
Weekly
Average
Monthly
Average
Weekly
Average
45.0
BOD5 '
(April 1— October 31)
mg/L
5.0
7.5
30.0
BOD5
(Nov. 1— March 31)
mg/L
10.0
15.0
30.0
45.0
Total Suspended Residue
mg/L
30.0
45.0
60.0
90.0
NH3 as N
(April 1— October 31)
mg/L
2.0
6.0
NH3 as N
(Nov. 1— March 31)
mg/L
4.0
9.0
Fecal Coliforim
#colonies/100 ml
200
400
400
800
Total Residue Chlorine
ug/L
17.0 (Daily Maximum)
Monitor Only
Chronic Toxicity
_
P/F at 90%
Quarterly Monitor Only No
Toxicity Limit'
Copper and Zinc Action Level Policy October 25, 2000 applies
(e) No later than thirty (30) calendar days after any date identified for accomplishment of any
activity listed in paragraph 2(b) above, submit to the Director of DWQ written notice of
compliance (including the date compliance was achieved along with supporting documentation if
applicable) or noncompliance therewith. In the case of noncompliance, the notice shall include a
3

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.
(f) Enforce the North Carolina State Building Code as it applies to Water Conservation (Volume 11 -
Plumbing, Chapter 9, 901 General Requirements - Materials, 901.2 Water Conservation, and
Table 901.2.2 - Maximum Allowable Water Usage For Plumbing Fixtures).
3. The Town agrees that unless excused under paragraph four (4), the Town will pay the Director of DWQ,
by check payable to the North Carolina Department of Environment and Natural Resources, stipulated
penalties according to the following schedule for failure to meet the deadlines set out in paragraphs 2(b)
and 2(e), or failure to attain compliance with the modified effluent limitations/monitoring requirements
contained in Attachments A and B.
Failure to meet a schedule date listed in either paragraph $500 per missed schedule date within the first seven (7)
2(b)(1), 2(b)(2), 2(b)(3), 2(b)(4), 2(b)(5), or 2(b)(6). days of tardiness; $50 per day thereafter.
Failure to achieve compliance with final effluent limits
on or before September 30, 2005.
Failure to comply with any modified limit listed in
paragraph 2(d) of this order.
$20,757.69 (single penalty including the $15,757.69
balance of the Up -Front Penalty).
$2,000 per violation for monthly average exceedance;
$500 per violation for weekly average exceedance.
Monitoring frequency violations for modified $100 per omitted value per parameter.
parameters listed in paragraph 2(d) (except for toxicity).
Monitoring frequency violations for toxicity. $2,000 per omitted value.
Failure to submit progress reports as required by
paragraph 2(b)(8) or 2(e).
$500 for the first violation; Penalty doubles with each
subsequent assessment for late reports.
4. The Town and the Commission agree that the stipulated penalties are not due if the Town satisfies DWQ
that 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 permittee'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 the provisions of G.S. 143-215.67(b) the Commission allows the Town to accept the
4

Print Name of Signing Official
c»e.
additional waste specified bek. .o its waste disposal system. The allocatio. :additional flow tributary
to the Town's WWTP will be allowed upon acceptable demonstration to the Director of the removal of
an amount of inflow and infiltration which is twice the amount of new flow to be connected. The
approval of additional flow will be in the form of a letter from the Director to the Town.
Domestic Flow Gallons per Day
New 30 room hotel 3,700
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
Number NC0023337. In the event of an NPDES Permit modification or renewal, any effluent limitations
or monitoring requirements contained therein shall supersede those contained in Attachments A and B of
this Special Order by Consent, except as modified and contained in paragraph 2(d) above.
7. Noncompliance with the terms of this Special Order by Consent is subject to enforcement action in
addition to the above stipulated penalties, including injunctive relief pursuant to G.S. 143-215.6.C.
8. 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.
9. This Special Order by Consent shall expire November 30, 2005.
For the Town of Scotland Neck:
RoLeir a. ` AR7:N I og
Title
Signature Date
For the North Carolina Environmental Management Commission
Xetc,
Chair of the Commission
ZQ Q
Date
5

additional waste specified below to its waste disposal system. The allocation of additional flow tributary
to the Town's WWTP will be allowed upon acceptable demonstration to the Director of the removal of
an amount of inflow and infiltration which is twice the amount of new flow to be connected. The
approval of additional flow will be in the form of a letter from the Director to the Town.
Domestic Flow Gallons per Day
New 30 room hotel 3,700
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
Number NC0023337. In the event of an NPDES Permit modification or renewal, any effluent limitations
or monitoring requirements contained therein shall supersede those contained in Attachments A and B of
this Special Order by Consent, except as modified and contained in paragraph 2(d) above.
7. Noncompliance with the terms of this Special Order by Consent is subject to enforcement action in
addition to the above stipulated penalties, including injunctive relief pursuant to G.S. 143-215.6.C.
8. 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.
9. This Special Order by Consent shall expire November 30, 2005.
For the Town of Scotland Neck:
Print Name of Signing Official Title
Signature Date
For the North Carolina Environmental Management Commission
Chair of the Commission Date
ITS Par- ►r, at -aft -/a s Apo l Sf L.t'e) r
— fie -e-
5

ATTACHMENT A
Page 1 of 2
EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS — INTERIM
Beginning on the effective date of this Special Order by Consent and lasting until September 30, 2005, the Permittee is
authorized to discharge treated wastewater from outfall 001. Such discharges shall be limited and monitored by the
Permittee as specified below:
Flow
0.675 MGD
l easuroni
Continuous
.............. ...........
Recording
Influent or Effluent
BOD, 5-day, (20°C)Z
(SOC Relaxed)
30.0 mg/1
45.0 mg/1
3/Week
Composite
Influent & Effluent
Total Suspended Residue2
(SOC Relaxed)
60.0 mg/1
90.0 mg/1
3/Week
Composite
Influent & Effluent
NH3 as N
(April 1— October 31)
(SOC Relaxed)
6.0 mg/1
3/Week
Composite
Effluent
NH3 as N
(Nov. 1 — March 31)
(SOC Relaxed)
9.0 mg/l
3/Week
Composite
Effluent
Dissolved Oxygen3
3/Week
Grab
Effluent
Dissolved Oxygen
3/Week
Grab
Upstream &
Downstream
Fecal Coliform (geometric
mean) (SOC Relaxed)
400/100 ml
800/100 ml
3/Week
Grab
Effluent
Fecal Coliform (geometric
Mean)
3/Week
Grab
Upstream &
Downstream
Total Residual Chlorine4
(SOC Relaxed)
Monitor Only
3/Week
Grab
Effluent
Total Nitrogen
Weekly
Composite
Effluent
Total Phosphorous
Weekly
Composite
Effluent
Temperature (°C)
Daily
Grab
Effluent
Temperature (°C)
3/Week
Grab
Upstream &
Downstream
Chronic Toxicity6
(SOC Relaxed)
Monitor Only
Quarterly
Composite
Effluent
Copper
Quarterly
Composite
Effluent
Zinc
Quarterly
Composite
Effluent
pH7
Daily
Grab
Effluent
(Footnotes on next page)
Town of Scotland Neck — Scotland Neck WWTP
NPDES Permit Number NC0023337
EMC SOC WQ SO1-008

ATTACHMENT A
Page 2 of 2
EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - INTERIM
Footnotes:
1. Sample locations: Upstream at least 50 feet, Downstream at least 900 feet. Stream samples shall be grab
samples and shall be collected 3/Week during June - September and 1/Week during the remaining
months of the year.
2. The monthly average effluent BOD5 and Total Suspended Residue concentrations shall not exceed 35% of
the respective influent value (65% removal).
3. The daily average dissolved oxygen effluent concentration shall not be less than 6.0 mg/l.
4. Residual Chlorine shall be monitored if chlorine is used as a disinfectant or elsewhere in the process.
5. See Special Condition A. (3.) of the permit regarding nutrients. Nutrient limits have been removed based
on Scotland Neck's acceptance into the Tar Pamlico Basin Association on April 12, 2002. If at any time
membership in the Tar -Pamlico Basin Association is canceled, withdrawn, or not kept current, Total
Nitrogen and Total Phosphorous limits will be immediately reinstated.
6. See Attachment B. Monitor quarterly during February, May, August, and November. Copper and Zinc
Action Level Policy dated October 25, 2000, applies.
7. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units.
There shall be no discharge of, f Ioating solids or uisibte foam in other than trace amounts.
Town of Scotland Neck — Scotland Neck WWTP
NPDES Permit Number NC0023337
EMC SOC WQ S01-008

ATTACHMENT B
Town of Scotland Neck
NPDES Permit No. NC0023337
CHRONIC TOXICITY MONITORING (QUARTERLY)
The permittee shall conduct quarterly chronic toxicity tests using test procedures outlined in the "North Carolina
Ceriodaphnia Chronic Effluent Bioassay Procedure," Revised February 1998, or subsequent versions.
The effluent concentration defined as treatment two in the procedure document is 90%. The permit holder shall
perform quarterly monitoring using this procedure to establish compliance with the SOC condition. The tests
will be performed during the months of February, May, August and November. Effluent sampling for this
testing shall be performed at the NPDES permitted final effluent discharge below all treatment processes.
All toxicity testing results required as part of the SOC 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: North Carolina Division of Water Quality
Environmental Sciences Branch
1621 Mail Service Center
Raleigh, N.C. 27699-1621
Completed Aquatic Toxicity Test Forms shall be filed with the Environmental Sciences Branch no later than 30
days after the end of the reporting period for which the report is made.
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 from 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 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 valid test is submitted. Upon submission of a valid
test, 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, then the NPDES 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
ofthe month following the month of the initial monitoring.
QCM P/F Version 9/96

RESOLUTION FOR A SPECIAL ORDER BY CONSENT (SOC)
WHEREAS: The Town of Scotland Neck has a permit to discharge treated wastewater
to Canal Creek, Class C NSW waters of this State in the Tar -Pamlico
River Basin; and
WHEREAS: This discharge is allowed under NPDES Permit Number NC0023337
effective June 1, 2001, and scheduled to expire on October 31, 2004; and
WHEREAS: The Town of Scotland Neck intends to make necessary improvements
and/or modifications to the wastewater treatment system; and
WHEREAS: The Town of Scotland Neck agrees to maintain and operate the wastewater
treatment system at its maximum level of efficiency during the interim
period of the Special Order by Consent and thereafter; and
WHEREAS: The Town of Scotland Neck has or will secure funding for necessary
treatment plant improvements in the form of grants, loans, or other cash
reserves; and
WHEREAS: The Town of Scotland Neck hereby authorizes Nancy Jackson (Full Name), Town Admin. /Clerk(Title),
to have the authority to sign and execute the Special Order by Consent on
behalf of the Town; and
THEREFORE, BE IT RESOLVED that the Town of Scotland Neck requests a Special Order
by Consent from the Environmental Management Commission and the Town hereby authorizes
Nancy Jackson (Full Name), Town Admin. /Clerk(Title), to sign and execute this
document on behalf of the Town.
Adopted this 28th day of January
Vtd. 2003
Nancy Jackson Town Administrator/Clerk
(Type or Print) Full Name and Title of person authorized to execute SOC
(Signs e) Ful of person authorized to execute SOC
Robert B. Partin Town/City Seal
(Type or Print) Full Name of Mayor is to be placed here.
6,0C2A
(Signature) Full Name of Mayor)

SENDER: COMPLETE THIS SECTION
■ Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery Is desired.
• Print your name and address on the reverse
so that we can retum the card to you.
• Attach this card to the back of the maitpiece,
, or on the front if space permits.
1. Article Addressed to:
The Honorable Robert B. Partin, Mayor
Town of Scotland Neck
PO BOX 537
SCOTLAND NECK NC 27874
Sbc . sot- oo8"
COMPLETE THIS SECTION ON DELIVERY
A. Signature
❑ Agent
L,\Z ❑ Addresses
B. Received by (PA ame) C. Date of Deliyeri
D. is delivery address different from item 1? ❑ Yes
tf YES, enter delivery address below: ❑ No
3. SServiv Type
t"'ertified Mail
❑ Registered
❑ Insured Mail
❑ Express Mail
❑ Retum Receipt for Merchandise
❑ C.O.D.
4. Restricted Delivery? (Extra Fee)
❑ Yes.
2. Number (Tr Do /53o aoo2 2/ 5-�,/0.
(Transfer from service label)
PS Form 3811, August 2001
Domestic Retum Receipt
2ACPRI-032-09

Monitoring Report Violations
Scotland Neck WWTP
SOC Violation
Interim Effluent Limits:
SOC Stipulated DWQ Penalty
Penalty Schedule I Recommendation
Page 1 of 2
NH3-N monthly avg. (Sept.'04)
$2,000.00
$1,000.00
BOD5, NH3-N monthly avg. (Oct.'04)
BOD5, NH3-N monthly avg. (Nov.'04)
NH3-N monthly avg. (Dec.'04)
$4,616.73
$4,116.73
$2,000.00
$2,308.37
$2,058.37
$1,000.00
BOD5 weekly avg. (Dec. 4, 2004)
$500.00
$250.00
BOD5 weekly avg. (Dec. 11, 2004)
NH3-N monthly avg. (Apr.'05)
NH3-N monthly avg. (May'05)
Fecal weekly geo. mean (July 2, 2005)
Scheduled ,pctivity Dates:
Achieve compliance with Final Effuent Limits
$500.00
$2,000.00
$2,000.00
$500.00
$20,757.69
$250.00
$1,000.00
$1,000.00
$250.00
$10,378.85
Totals' $38,991.15 $19,495.58
Enforcement Costs $506.79
Stipulated Penalty Recommended Grand Total $20,002.37
Permit: NC0023337
9/7/2006

Monitoring Report Violations
Scotland Neck WWTP
Page 2 of 2
Post SOC Violation
SOC Stipulated
Penalty Schedule
DWQ Penalty
Recommendation
"Extended" SOC Interim
Limits:
NH3-N monthly avg. (Nov.'05)
N/A
S0.00
BOD5 monthly avg. (Dec.'05)
N/A
c;,,- , 1n
BOD5 weekly avg. (Dec. 31, 2005)
N/A
S0.00
NH3-N weekly avg. (Dec. 3, 2005)
N/A
S0.00
NH; N weekly avg. (Dec. 10, 2005) N/A
S0.00
NH3-N weekly avg. (Dec. 17. 2005) N/A
SU.GO
NH3-N monthly avg. (Dec.'05) $2,000.00
S1,000.00
NH3-N weekly avg. (Dec. 31. 2005) N/A
BOD5 weekly avg. (Jan. 7, 2006)
60D5 monthly avg. (Jan.'06)
NH N weekly avg. (Jan. 7, 2006)
NI-L-N monthly avg. (Jan.'06)
NPDES Final Effluent Limits:
Fast Track Penalty DWQ Penalty
Schedule Recommendation
Fecal Coliform weekly geo. mean (Mar. 4, 2006)
BOD5 monthly avg. (Apr.'06)
NH; N monthly avg. (Apr.'06)
BOD5 weekly avg. (May 27, 2006)
Fecal Coliform weekly geo. mean (May 20, 2006)
NH3-N weekly avg. (May 27, 2006)
NH3-N monthly avg. (May'06)
S250.00
s0.00
5750.00
$250.00
5250.00
$0.00
$750.0.0_
Totals: S4,250.00
$150.00
s0.00
S400.00
$625.00
52,175.00
Enforcement Costs: + S148.89
Fast Track Penalty Recommended Grand Total: S2,323.89
Permit: NC0023337
9/7/2006

Michael F. Easley, Governor
William G. Ross, Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
Division of Water Quality
July 25, 2006
Performance Evaluation of the Scotland Neck Wastewater Treatment Plant
Completion of a major rehabilitation project on November 30, 2005 under SOC WQ SO1-008 has not
provided desired effluent quality, especially for Ammonia (NH3). A review of compliance and
construction issues after the SOC expired prompted the Central Office of the Division of Water Quality to
request a detailed investigation of the plant status. Don Register (FRO), Kristin Jarman (WaRO) and Myrl
Nisely (RRO) were enlisted for this task. They visited the site on July 21, 2006 and greatly appreciated the
full participation of ORC James Pittman in supplying data and answering questions.
Summary Statement
Bringing the Scotland Neck WWTP into compliance for NH3 will require a stepwise correction of two
equipment configuration problems and a solids imbalance. Operational practices are not at fault. At
present, the operator is constrained by a chain of events forced on him by an improper process layout.
Once certain physical changes are made and solids management is under control, there will be opportunity
to fine tune operational practices.
The Present Situation — An Insurmountable Chain of Events
Ammonia is not being removed adequately because aeration Dissolved Oxygen (DO) is not being
maintained at 2 mg/1 or above. Biochemical Oxygen Demand (BOD) removal, though, is almost enough to
be compliant under the low DO conditions, with mixed liquor solids at 4000 to 6000 mg/l. If the second
aerator is activated to achieve higher DO, the clarifiers overload. Then solids lost over the clarifier weirs
blind the tertiary filters, triggering frequent backwashing that is sent to the digester. It is the piping of
backwash to the digester that is causing the trouble. Room must be maintained in the digester to accept this
filter backwash, limiting the volume of waste activated sludge (WAS) that can be sent to the digester. As a
result, wasting is sporadic and the volume removed is inadequate. At times wasting is done all at once in
heavy doses. Either way, the return activated sludge (RAS) develops a poorly controlled sludge age, and
builds a higher Mixed Liquor Suspended Solids (MLSS) concentration in the ditch as a result of these
practices. Digestion processes are incomplete and interrupted by the backwash dilution, so that vector
reduction becomes problematic. Water decanted from the digester to the ditch carries some degree of old
or dead sludge that interferes with nitrification.
These operational difficulties become especially acute in rainy weather. The plant receives a surge of
Inflow and Infiltration (I&I), delivered all at once by large capacity influent pumps. This hydraulic
overload "blows out" the plant by causing increased agitation in the ditch (since the water level is higher),
sending a higher solids load to the clarifiers. Blankets rise, sending solids to the filters. The filters
backwash almost constantly, quickly filling the digester. Digester aeration and mixing must be turned off
to settle the solids and decant water back to the ditch. Wasting is put on hold, the MLSS climbs and the
problems mount. Sadly, the 30-day cycle of vector reduction can seldom be completed before the next rain
forces a new round of coping with unwanted backwash. N°ne Carolina
Naturally
North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Phone [phone] Customer Service
Internet h2o.enr.state.nc.us 1628 Mail Service Center Raleigh, NC 27699-1628 FAX [phone]
An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper

Scotland Neck WWTP Evaluation, July 21, 2006 Page 2 of 4
Corrections in Priority Order
1. Route filter backwash water from the digester to the oxidation ditch. The plant is crippled until this
change is accomplished.
2. Find some means of attenuating the wave action created in the ditch when both aerators are running.
This occurs even in dry weather now because horsepower has been increased. There are no means
of slowing the speed of the brushes. (See Wave Action below)
3. Using the digester as intended, gradually waste solids to reduce MLSS to about 2500 mg/1 (or
slightly higher in winter weather).
4. With MLSS lowered, maintain DO at a minimum of 2.0 mg/1 while carefully maintaining ditch pH
at 6.7 to 6.9 through addition of caustic at the influent lift station.
5. Replace the undersized Parshall flume as soon as possible. Flows greater than 0.7 MGD peg the
meter, so the magnitude of each (I&I) spike is not known.
6. Implement additional process monitoring to better track the health of the microorganisms (see
Improving Operational Practices below)
7. Acquire permanent disinfection capabilities
8. Fix other less critical but nagging equipment problems (see Other Equipment Problems below)
With proper operation provided by the above changes, it is our opinion that Biological Nutrient Removal
(BNR) efforts in the outer ring of the digester can be stopped. The permit has no limit for Total N or
Phosphorus, just ammonia.
Full discussion of our findings may be found in the Attachment below. We recommend and wish to carry
out a follow-up evaluation a month after items 1 through 4 have been accomplished.
Sincerely,
Y111lc. Nick a
Don Register
cc: DWO
Paul Rawls
Gil Vinzani
Dave Goodrich
Matt Matthews
Vanessa Manuel
Chuck Wakild
Tom Poe
Mark Hubbard
Jennie Atkins
Town of Scotland Neck
Nancy Jackson
United Water, Inc
Gary Stainback
Engineering Services
Brian Cox
)twi
Kristin Jarman Myrl Nisely

Scotland Neck WWTP Evaluation, July 21, 2006 Page 3 of 4
Technical Details and Discussion of Findings
Temporary Solids Disposal
One can propose lime stabilization by an outside contractor (Synagro or Granville Farms, for example) to
treat digester sludge so disposal can proceed. However, cost may be prohibitive for the Town. Even if this
removal were done, decanting backwash to the ditch will still have a negative impact on the
microorganisms.
Wave Action
Increased constant speed aerator horsepower (from about 33 to 55 HP) now results in splashing and
overtopping of the wall by waves that are created when two brushes operate at the same time. Escape of
mixed liquor occurs quite some distance from the aerators near the ends of the ditch, and increases
significantly with a rain of 0.3" or more. The Town proposes raising the outside wall of the ditch. Two
other alternatives were brainstormed during this evaluation, but their merit is not certain. Contact Don,
Kristin or Myrl for details.
Proposed Adjustments to the Influent Pumps
The plant is permitted for 0.675 MGD flow (469 gpm). We were struck by the fact that the three influent
pumps handling the flow after the bar screen and grit removal are each rated at 1 MGD (694 gpm). At
present, the valves downstream of the pumps are wide open, so that during a rain any extra hydraulic load
is sent to the ditch very rapidly. We propose throttling the valve on the lead pump to help even out the
input to the ditch. An evaluation and some experimentation by the pump manufacturer will be needed to
determine what backpressure can be put on the pump without causing cavitation or a severe change in
power consumption. Alternatively, the pulley sizes on the belt drive can be changed to slow the pumps
down.
A fresh study of (I&I) is needed. At the completion of Phase I of the SOC, an I&I reduction of about 24%
was reported. Another effort at reducing I&I may be quite important because, if large inflows well above
plant design still occur, the plant will always be susceptible to dramatic changes in retention times and
sludge settling. A holding tank for backwash may be needed to even out the flow back to the ditch.
Normally effluent flow and rain data should allow an estimate of I&I. However, the plant has little useful
data on flow spikes because flows greater than 0.7 MGD peg the meter. Another approach is to utilize the
run-time meters on the pumps. Run-times and pump curves can be used to estimate daily inflows. This
analysis will be undertaken in the near future.
Improving Operational Practices
It is strongly recommended that the following increased monitoring and record keeping of certain
parameters be made standard practice:
• Measure MLSS and MLVSS (Mixed Liquor Volatile Suspended Solids) weekly, instead of once or
twice a month, in order to determine wasting needs. In addition to MLSS concentration, the ratio of
MLVSS/MLSS is a meaningful indicator of the health of the mixed liquor. A good ratio ranges from
70 to 80%.
• Measure oxidation ditch DO 5 times per week in the morning and again near quitting time in the
afternoon. The location for these readings should be the exit valve box at the end of the ditch.

Scotland Neck WWTP Evaluation, July 21, 2006 Page 4 of 4
• Obtain either an ammonia kit or test strips to measure effluent NH3 levels 3 to 5 times per week as
immediate process information rather than waiting for reports from a contract lab.
• When decanting the digester be careful to return only the water layer. Stop in time to avoid returning
old sludge to the ditch.
• Continue to measure intermediate chlorine residuals just upstream of dechlorination, but switch the
instrument to mg/1 instead of ug/1. Data logs report ">500 ug/1" but if the actual level were known in
mg/1, it may be possible to adjust the chlorine dose more closely to save on chlorine and SO2. Of
course, final chlorine residue must still be read in ug/1.
• An O&M Instruction Manual is needed for operating the plant under the new process configuration.
The Town should take steps to have one prepared.
• Once the plant process is corrected, development of control charts is strongly recommended. These
help visually track mixed liquor concentration and pH. Effluent status, such as the spot checked NH3
and intermediate chlorine residual can prove valuable. It was reported that the plant is expecting a
computer in the near future, so this will help make tracking easy.
Fixing Other Equipment Problems
• Level and seal the weirs in both clarifiers.
• Replace the two worn pumps in the return sludge wetwell. The existing pumps now require the help of
a temporary diesel pump when decanting the digester.
• Engineer and install a permanent disinfection system as soon as possible.

Action Items from 7/20/2006 Scotland Neck WWTP Review Meeting
Disinfection
Determine if chlorine is added 24/7? Yes DONE
Is there any measurement of residual before dechlorination? Yes, values recorded on
daily logs. Typically < 500 ug/1 Myrl will gather more data for review.
Engineering Services did not obtain an AtCs for work on the UV or for the temporary
chlorine system. (These were not under the SOC, so they may have thought it was not
their responsibility.)
Historical Note: A report dated 1996 refers to a UV system sitting on the ground, with a
recommendation to have it installed. An operator from that era reports that by 1998 UV
was tried, but it failed to give disinfection. Chlorine was put into service, but without any
contact chamber. A 1999 staff report lists UV. The permit renewal effective June 1,
2001 still listed UV. Apparently the practice of ad hoc injection of chlorine has been used
since the 90s.
Plant Evaluation
Paul asked for a thorough review of the plant by "outside" experts supplied by TACU.
Jerry Rimmer has arranged for a plant visit by Don Register and Kristin Jarmin today, the
21st. (How's that for service?!) Myrl will also attend.
If the evaluation reveals continued high MLSS concentration and solids removal
problems, options for immediate lowering of MLSS need to be pointed out to the Town.
Engineering Services provided a report dated 2/25/05 showing a 24% reduction I&I? Is
the current level of I&I acceptable? Is any further I&I work planned?
Myrl will investigate the Up and Down stream sampling locations for any factors that
might explain why DO is what it is, especially the low upstream DO. Jennie reports that
no ambient stations exist along Canal Creek/Deep Creek for comparison with plant
sampling data.
Construction and SOC Information
Myrl spoke with Nancy Jackson to let Town know that having a local mason raise the
oxidation ditch walls requires a plan for review by CG&L and an AtC letter. So, that
well -intended initiative of the Town will not proceed. DONE
Review the performance of Engineering Services by compiling examples of failure of
engineers to effectively represent the Town's interests or consider the concerns of DWQ.

ex. Construction and installation of the UV system without an AtC. We know
nothing of design considerations. If calculations were made, they have not been
unearthed.
Failure or delays in returning calls and emails
Leaving a backhoe in the oxidation ditch from Dec. 21 to Jan. 5. Christmas
holidays don't last that long.
Review and confirm compliance with reliability rules. DONE Comparison with 15A
NCAC 02H.0124 shows that disinfection is the only unit lacking redundancy, assuming
that two aerators in the oxidation ditch satisfy the requirement there.
It was agreed that in the future, RRO will send a copy of the signed SOC to CG&L and
that all parties would be proactive in keeping others apprised of contractor delays, change
orders, delivery problems or anything else that will impact the SOC dates.
Penalty Review
Obtain documentation to support engineer's claim that Phase I (I&I) was completed
within the SOC time schedule.

Michael F. Easley, Governor
ofWA1
William G. Ross, Jr., Secretary
r- North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
Division of Water Quality
July 20, 2006 g : frize,6115
Subject: Scotland Neck Status Review
Summary of Violations and Penalties
, 'he. awn,,entered$Q,C_WQ. 1-008 _to bring theANTWTY_i.:tg compliance., P,exmit limits were not being
met due to inadequate treatment and I&I. During the SOC, numerous target dates were not met (but have
since been completed) and relaxed effluent limits were exceeded, all of which involved stipulated penalties.
These have not been assessed and are summarized in Handout I, Scotland Neck Stipulated Penalties.
The SOC exp red November 05. Since then from December '05 through May '06, effluent limfor
BODNH3, n exceeded every month except February. These assessments have
not been sent to the Town. See Handout II, Pending Limit Violation Assessments for the dollar
amounts. Handout III provides detail on how severe the exceedances were.
Downstream Dissolved Oxygen was below 1 mg/1 in violation of stream standards much of the summer of
2005, at least in part because of high BOD and NH3 contributed by the plant. See Handout IV.
Two limits penalties under the SOC were contested, then withdrawn. Payment has been demanded for a
total of $8733, but Scotland Neck has not paid. These are Cases LV-2005-0109, Oct-04 for BOD & NH3,
$4,616.73 and Case LV-2005-0110, Nov-04 for BOD, NH3, $4,116.73.
To recap, unassessed SOC Penalties total $54,058, with recommendations made to reduce to $37995 -
$46134. Assessed but unpaid SOC limit violations total $8733, and five unassessed penalties for limit
violations since the SOC expired total $5250. Total potential penalties = $68,041
Summary of Construction
SOC construction work is considered finished, yet there are two major issues impacting compliant
operation: 1) filter backwash is piped to the digester instead of to the oxidation ditch, and 2) acquiring
reliable disinfection.
There are minor upgrades needed that will either wait for another grant or will be undertaken by the Town:
raising the oxidation ditch walls, and installing a larger effluent flow meter flume.
Two worn pumps need to be replaced ASAP for a total of $4000 — 5000.
The Town faces remaining SOC construction bills and miscellaneous small project bills, total unknown.
As of 7/17/06 E-SRL-T-03-0055 has $20,000 of LOAN money still available and E-SRG-T-02-0135 has $
175,290.00 GRANT money still available. An effort is being made to gather remaining bills in order to
know whether anything is left for future projects. There is little hope of new grant funds from the
traditional State agencies (Rural Center, CG&L, CWMTF). Federal money may be available.
N2" a Caro ina
turally
North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Phone [phone] Customer Service
Internet: www.ncwaterqualitv.org 1628 Mail Service Center Raleigh, NC 27699-1628 FAX [phone]
An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper

•Scotland Neck Status July 2006
Details
SOC
Page 2 of 2
SOC WQ S01-008 for the rehabilitation of the WWTP began November 17, 2003 and expired November
30, 2005. The Town declared that all work under the SOC was done by December 21, 2005, but DWQ
feels that major changes are still needed for proper operation. Engineering and Owner Certifications have
not been made.
o The Town has recently undertaken several small jobs to help finish SOC work, leaving only the
closing of an opening from the outer ring of the digester to prevent discharges into the former
fit j
splitter box. A local welder has begun work on this. ttg
Net/ 15robtems'and deesigitissues have'emerged:7
• the UV system is not working and has been shut . Research reveals that no warranty
nor manufacturer's performance guarantee exis . Either a redesigned UV system
is needed, or a change to chlorine/dechlorination. If the latter, an in -ground contact
chamber will be needed. There is adequate room west of the present reaeration chamber.
Injection apparatus tor both chemicals and chemical storage space will be needed, either
inside a building or, at a minimum, under a roof.
• the Town is using a temporarily rigged chlorination/dechlorination system. They have
not applied for an A to C to install a chlorine system. No modification of the discharge
permit been requested to add chlorine disinfection, either, after the SOC ended.
• incorrect piping of backwash water from the tertiary filter& delivers -water to the digester
instead of to the oxidation ditch di l vie - t d 15e S.-i vi5 s (Oda ie ��b I ��
• CL brite �� l U e s
• two badly worn pumps need to be replace i the wetwell where the backwash water
p�i SeGvu4-
will go once piping changes are made �
444.42
• splashing of mixed liquor from the oxidation ditch occurs during periods of high inflow
because the brush aerators now have higher horsepower. Raising the wall all the way
around the ditch has been proposed; work possibly to be done by a local mason.
o Final billing is being sought from Engineering Services and contractors. These disbursements
will be applied against $20,000 of LOAN money (E-SRL-T-03-0055) and $ 175,290 GRANT
money (E-SRG-T-02-0135) still available as of 7/17/06. The Town will be anxious to see the
funding available for the work desired that is listed below.
Operation of the Sprat/ System
o The operator was encouraged by CG&L to run the spray system for at least a short time every
few weeks to keep the equipment in good condition. Reminder: once application of wastewater
begins, monthly reporting required by the permit begins and must be maintained.
o Aquifer Protection has issues with their land application program and issued NOV-2006-PC-
0304 dated July 19, 2006.
o The Town still faces the cost of emptying the drying beds as soon as weather permits.
Financing Future Projects
o Rerouting backwash water leaving the tertiary filter involves tying into an existing gravity drain
line serving the west drying beds. Contractor Hank Hill agreed to provide a cost estimate, then

• Scotland Neck Status July 2006
Page 3 of 3
drawings will be required from Engineering Services, with final approval by CG&L. Until in
place, this is having a large negative impact on the plant.
o The wash water will then go to a wetwell that presently has badly worn pumps salvaged from
lift stations, not worth refurbishing. Therefore, two —15 HP pumps are needed, roughly
estimated at a total cost of $4000 to 5000. CG&L can offer an emergency loan if this need
becomes a crisis.
o The UV system is not working. Repeated efforts to use and improve the units given to the
Town have failed to provide needed disinfection. The devices have no warranty or performance
guarantee. Investigation is needed into what it would take to start over with a new UV design,
first evaluating UV against chlorine to decide which option to use. There are pro and cons to
both. There is no mention o of system m 'tile SOC.
o Enlarge the flow -metering flume to provide more accurate measurement near the top of the
permitted flow limit. The Town has already received quotes, although these may have expired.
This change will be undertaken as part of a future grant or loan.
o Install the electrical connections from the flow meter to the sampler to convert to flow
proportional sampling. The ORC will contact Darryl Chadwick for a cost estimate. Needs
attention ASAP to meet the permit requirements.
o The ORC notified DWQ that mixed liquor splashes out of the oxidation ditch when high water
levels exist from I&I because the new, higher powered aerators throw water over the wall. Re -
piping the filter backwash to the ditch will further aggravate that situation. Extending the height
of the wall all the way around the unit has been proposed. The Town is looking into the cost,
and will likely have a local mason add blocks to solve the problem.
o Prospect for Grants appears dim for these projects, as reported by Tom Poe.
Conclusions and Recommendations
o Collection of all or some part of $68,041 in penalties is needed.
o A final tally of SOC construction billing is needed to see what money may be remaining.
o An engineering study is needed to evaluate UV vs. chlorination/dechlorination for future
disinfection.
o A modification of the permit should be made ASAP to provide for use of chlorine.
o A new SOC seems likely to be needed to accomplish the backwash and disinfection issues.
Respectfully submitted,
a

Handout III
How Far Were Thej From the Limits?
During SOC
LV-2005-0109
LV-2005-0110
Since SOC
DMR month
LV-2006-0127 Dec-05 BOD, N
LV-2006-0128 Jan-06 BOD, NI•3
LV-2006-0131 Mar-06 Fecal Cofff
LV-2006-0224 Apr-06 BOD, NI-01
LV-2006-0225 May-06 BOD, NI-43, Fecal
bompare Limits vs.
BOD, mg/1
monthly
Oct-04 BOD, NH
Relaxed Reported Data
c30 monthly ♦ 35.4
Nov-04 BOD, NH 30 monthly 35.9
ompare Limits vs. Reported Data
I BOD, mg/I
i weekly monthly
15 wk,10 mo ♦ 16 10.08
15 wk,10 mo 19.8 10.01
Limits BOD
weekly monthly
7.5 wk,5 mo -- 5.4
7.5 wk,5 mo 10 --
Limits NH3, mg/I
monthly
6 20.95
9 18.48
Limits NH3, mg/I
weekly monthly
12 wk, 4 mo 12.3 to 17.6 12.1
12 wk, 4 mo 12.7 8.1
Limit
6 wk, 2 mo
6 wk, 2 mo
NH3
weekly monthly
6.5
13 3.2
SOC limit exceedance/stip penalties
SOC limit exceedance/stip penalties
Limits Fecal Coliform per 100 ml
weekly
400 weekly 2543
Limits Fecal Coliform
weekly
400 weekly 643

Handout IV
16.0
14.0
12.0
-a) io.o -
7E
- 8.0
6.0
4.0
2.0
0.0
4;
t,
Scotland Neck Stream Data
12/04 through 5/06
-Upstrm DO Dnstrm DO
I
1
\ 1
A ii!iiii!
II
1
li )1 y
1 II 1
i
.A
i
ir4V
1111111111
1 i[ 8 15 22 29 36 43 50 57 64 71 78 85 92 99 106

Handout II
Scotland Neck Pending Limit Violation Assessments Since the SOC Ended
as of July 20, 2006
Enforcement
LV-2006-0127
LV-2006-0128
LV-2006-0131
LV-2006-0224
LV-2006-0225
DMR Mo. Parameters
Dec-05 BOD, NH3
Jan-06 BOD, NH3
Mar-06 Fecal Colif
Apr-06 BOD, NH3
May-06 BOD, NH3, Fecal
Total
Total $ Details
$1,800.00
$1,050.00 (NOVAs)
$300.00 Prepared, but not yet assessed
$799.63
$1,299.63
$5,249.26

- ,'
OFWATF�
QG
Michael F. Easley, Governor
William G. Ross, Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
Division of Water Quality
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Robert Partin, Mayor
Town of Scotland Neck
PO Box 537
Scotland Neck, NC 27874
SUBJECT: Notice of Violation, Case No. NOV-2006-PC-0180
Compliance Evaluation Inspection Report
Town of Scotland Neck WWTP
NPDES Permit NC0023337
Halifax County
Dear Mayor Partin:
On April 28, 2006 Mr. Myrl Nisely made a compliance inspection of the wastewater treatment plant with
the help of Backup ORC Mr. Melvin Andrews. His tour, discussion and data provided were appreciated.
Much of the inspection detail may be found on the attached checklist. Key issues are:
1. The Town may want to give thought to improving the security of plant. The gate near the highway
stands open during the day, allowing anyone access to the influent equipment because that part of
the plant is isolated from the rest of the operation. DWQ recommends that the slide gate at the
influent section should be put into service again and kept locked. Operators would then unlock it
when they go in to do work.
2. Worker safety is threatened by the badly corroded side railing on the oxidation ditch aerator
walkway. This is slated to be refurbished, and needs to be completed as soon as possible.
3. Safety is also a factor when workers are to remove the mixers in the anoxic ring of the digester. At
present, they are expected to stand on a tiny platform over the sludge, without guardrails, and reach
out to the mixers. At a minimum, there needs to be installed safety rails and a platform grate that
covers the existing frame. See picture below. Better yet would be a hoist positioned outside the
digester for lifting mixers from outside the digester. That would eliminate the need for anyone
hanging over the digester sludge. This should be addressed before the next maintenance event is
needed.
4. The drying beds need to be emptied. An earlier letter to DWQ expected removal to be finished by
the end of March. Capacity is needed in the event that a period of rain stops land application of
sludge.
5. The wasting and land application of sludge continue to be problem. MISS in the system is aaut 6
na
to 7000 mg/1, roughly double what is really needed. As a result, sludge age is high and thegahtgramia�
North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Phone [phone] Customer Service
Internet: www.ncwaterqualitv.org 1628 Mail Service Center Raleigh, NC 27699-1628 FAX [phone]
An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper

- Scotland Neck CEI, April 28, 2006
Page 2 of 3
optimum removal of BOD is not being realized. Control of ammonia in the effluent is threatening
to be non -compliant. DWQ urges a concerted effort to slowly bring down the MLSS to proper
levels.
6. Along with high MLSS, the operation is being impeded by the impact of tertiary filter backwash
being piped to the digester instead of the oxidation ditch. Backwashing is especially heavy during
rainy times, and takes up significant capacity in the digester. This water must be decanted back to
the oxidation ditch, carrying with it high levels of nutrients that only add to the load being handled
in the ditch. This improper design is aggravating an already tight nitrification situation in the ditch.
Piping changes should be undertaken immediately to help improve several plant operations: the
proper wasting and digestion of sludge, nutrient removal efforts, and oxidation ditch performance.
It has been suggested that tying filter backwashes into the deep well to which the drying beds drain
might be a possibility.
7. Not much can now be done about it, but the elevation of the splitter box to the clarifiers is too high
to completely drain the oxidation ditch. This results in a maintenance irritation when the last bit of
sludge has to be pumped from the ditch.
8. There was evidence of grease at the influent, on the clarifiers, and in the tertiary filter. Scotland
Neck has a Fats/Oil/Grease (FOG) program. Education of the public needs to frequently be
repeated to encourage citizens to throw oils and greases into the wastebasket, not down the sink
drains. Restaurant grease trap operation is also important, and is likely to be reviewed during any
future inspections of the collection system.
9. The weir plate on No.2 clarifier is bent away from the concrete ring, allowing a large flow of water
to escape. This is, therefore, short-circuiting the flow pattern of the clarifier. Please repair this
soon. See the attached picture.
10. Sampling of the final effluent is not flow proportional as required by 15A NCAC 2B.0505(c)(3)(B).
The flow meter needs to be electronically connected to the sampler so that more sample is taken
during high flow periods, and less during low flow. Please have this change made right away.
11. A change of tubing is needed on both the influent and the effluent samplers.
12. It was reported that circuit breakers kick out anytime the standby generator comes on or off, taking
the oxidation ditch aerators and No.2 clarifier rake arm out of service. Electricians are investigating
this. Please notify Mr. Nisely when the problem has been corrected, either by phone or email at
[e-mail]
13. The generator loses its fuel prime if less than a half tank of fuel is left. This should be investigated
and corrected.
14. The Town has made a decision that the use of the spray system will be delayed until the present
WWTP operating problems are under better control.
15. You are reminded to provide to DWQ each year a copy of the annual WWTP performance report.
We have no record of a report for the year 2005.
Effluent grab samples were taken for analysis of TKN, NH3, NO2+NO3, and Total Phosphorus.

Scdtland Neck CEI, April 28, 2006 Page 3 of 3
In summary, the treatment plant is in compliance with permit limits, unless the final DMR averages for
April turn out otherwise. However, operation and maintenance cannot be considered optimal (Permit
Section C(2)) Several improvements need to be made in the areas of security, safety and solids removal. It
is urgent to lower the solids in the oxidation ditch to improve performance.
Please respond to this NOV letter in writing within 30 days of receipt, outlining the plans you have or steps
that have been taken to address items 1,2,3,4,5,6,9,10,11,12,13, and 15.
If you have questions or comments about this inspection, please contact Myrl Nisely at 919-791-4255 or
by email.
cc: Central Files
Tom Poe, CG&L
Unsafe
Platform
Sincerely,
Shannon Langley
Acting Raleigh Regional Surface Water Quality Supervisor
Damaged
Weir

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Scotland Neck SOC Phase III Construction Timeline
05/04/04 Submitted A-to-C application for phase III construction
08/06/04 In memo to Gil Vinzani concerning plans for phase III construction, Barry
Herzberg states that plans are incomplete. The piping plan -electrical site plan
does not show existing or proposed profile (grade) information. Also the
elevations of existing utilities and the tie-in elevations for the new utilities are not
given. There is no record in the file of this information being passed to the
Town's engineer.
09/03/04 A-to-C (# 0023337AC03) sent to Town from CG&L
10/26/04 Quarterly progress report submitted; states that bids have been received for phase
HE construction.
11/24/04 Memo between Brian Cox and Water & Waste Systems Construction, company
which submitted the low bid for phase HE construction, that the replacement of
the fine bubble aeration system with a jet aeration system would reduce costs by
$73,000
12/08/04 NOVA sent to Town concerning violation of fecal coliform limit -- penalty set at
$500
12/17/04 CG&L received revised construction.plans from Town which lowers costs from
$518,000 to $445,000
01/05/05 CG&L receives letter from Brian Cox, project engineer, requesting an "expedient
review" of revised construction plans due to rising material costs
01/05/05 CG&L emails comments to Brian Cox concerning modified plans
01/26/05 RRO receives letter from Brian Cox concerning missed phase II deadline —
reasons: weather (excessive rain), delay in approval of the Part B application,
delay in equipment delivery
01/28/05 Quarterly progress report submitted — Phase II reported as scheduled to be
completed by February 15, 2005 -- SOC deadline was January 1, 2005
01/31/05 CG&L sends report to Town concerning January 12, 2005 construction
inspection
02/02/05 RRO sends NOV concerning missed construction deadline (NOV-2005-SP-0003)
02/02/05 NOV (NOV-2005-LV-0061) sent concerning BOD and NH3 violations in
October 2004
02/02/05 NOV (NOV-2005-LV-0062) sent concerning BOD and NH3 violations in
November 2004
10/6/2005

02/25/05 Town sends I/I report to RRO — effluent flow was reduced 24% by I/I work.
Also stated that work on phase iII is scheduled to begin in June of 2005.
03/17/05 RRO sent assessment letter to Town (LV-2005-0109) for October 2004
violations — penalty $4616.73
03/17/05 RRO sent assessment letter to Town (LV-2005-0110) for November 2004
violations — penalty $4116.73
03/17/05 NOV (NOV-2005-LV-0150) sent concerning BOD and NH3 violations in
December 2004
03/23/05 Town issues Notice to Proceed to Water and Waste Systems, Inc., to begin
construction on or before March 23, 2005 — scheduled date of completion is
September 19, 2005
04/27/05 Quarterly progress report submitted
05/16/05 A-to=C received from CG&L for modified plans
06/28/05 Town submits letter to RRO stating that Phase III construction is not complete —
SOC deadline was July 1, 2005
07/22/05 Brian Cox sends letter to RRO explaining the delay in completion of phase Ill
construction. Reasons — high construction costs requiring a change in plans and a
resubmission of plans to CG&L, delivery delays of equipment. Estimated
completion date is September 30, 2005.
07/26/05 In progress report, Town states that phase III construction is approximately 25%
complete.
09/26/05 In letter to RRO, Brian Cox states that phase III construction will not be
completed until November 4, 2005 due to unexpectedly large sludge level in
oxidation ditch. Sludge volume was estimated to be 220,000 gallons.
09/26/05 Nancy Jackson requests an extension of the SOC until November 4, 2005 in a
letter to the RRO.
10/6/2005

Documented Operation and Maintenance Concerns at Scotland Neck WWTP
File review conducted September 1-2, 2005 by Jennie Atkins
11/03/04 During November 2, 2004 visit, Myrl Nisely noted that each of the two oxidation
ditches had only one aerator operating. Operator Melvin Andrews said that the
lack of mixing in the large oxidation ditch was causing the ammonia levels to
increase. Mr. Andrews also stated that the Town was "waiting for the upgrade"
when he was asked about the number of aerators that were nonoperational at the
time of the inspection.
06/17/04 Dirty weirs in the secondary clarifier were noted by Myrl Nisely on a June 15,
2004 visit. He stated that some notches were blocked.
01/14/04 Ken Schuster and Myrl Nisely noted that during a January 13, 2004 visit one
oxidation ditch had only one operational aerator. The other aerator was down
with bearing problems. The working aerator had few brushes on it and appeared
ineffective. Oil was also seen in the wastewater at the influent station during this
visit.
05/28/02 In letter to RRO concerning whole effluent toxicity violations, Nancy Jackson,
town clerk of Scotland Neck, states that chlorine was added to the waste stream
"without regard to concentration." The dechlorination agent was also added in
excess.
09/16/02 In a Compliance Evaluation Inspection (CEI) report, Bob Mangum recommends
that the Town obtain additional spare parts and pumps.
07/11/01 During a CEI, Tim Baldwin noted reporting and cleaning issues at the facility.
No weekend flow was being recorded. Also discrepancies existed between the
May 2000 DMR and lab records. Buildup was noticed on the weirs of a clarifier
and in the splitter box to the filters. Mr. Baldwin recommended that the facility
maintain an "adequate level" of spare parts.
06/23/00 Charles Brown noted in a June 14, 2000 CEI that two aerators were down in an
oxidation ditch due to broken paddles.
06/24/99 In a June 24, 1999 letter to RRO, Gene Butler, then ORC of the Scotland Neck
WWTP, stated that only one aerator was being used "in order to conserve
energy" in response to the facility's nine DO violations in 1998.

Town of Scotland Neck
Violations and Penalties
SOC# S01-008 (NC0023337)
assessed violations
case number
reasons
penalty
paid
balance
notes
SP-2004-0011
fecal coliform limit violation July 2004
$548.29
$548.29
$0.00
paid 01/24/05
LV-2005-0109
BOD and ammonia monthly average limit violations October
2004, BOD weekly average limit violation
$4,616.73
$0.00
$4,616.73
challenging penalty
LV-2005-0110
BOD and ammonia monthly average limit violations November
2004
$4,116.73
$0.00
$4,116.73
challenging penalty
violations not yet assessed
estimated penalty
NOV-2005-LV-0150
ammonia monthly limit (74% over) violation, 2 BOD weekly
limit violations (11% and 15% over) December 2004
$3,150.00
estimating $50 enforcement fee per violation
no NOVs sent at this time
1 monthly limit violation for ammonia (49% over) April 2005
$2,050.00
estimating $50 enforcement fee per violation
no NOVs sent at this time
1 monthly limit violation for ammonia (81% over) May 2005
$2,050.00
estimating $50 enforcement fee per violation
no NOVs sent at this time
1 weekly limit violation for fecal coliform (36% over) June
2005
$550.00
estimating $50 enforcement fee per violation
NOV-2005-SP-0003
missed phase II final construction deadline
$5,800.00
Calculated using 2/23/05 date on engineer's certification as completion
date; scheduled to be completed by 1/1/05 in SOC. Internal decision
not to assess unless town misses final effluent deadline of 9/30/05.
Phase II construction included adding a spray application system, a
new bar screen, and a new tertiary filter system.
no NOVs sent at this time
missed phasc III final construction deadline
$9,450.00
Calculated using 11/04/05, town's scheduled completion date, as actual
completion date; was scheduled to be completed by 7/1/05 in SOC. It
has been suggested internally not to assess unless town misses final
effluent deadline of 9/30/05. Phase III construction included
improving aeration basin and adding a sludge digestor. Construction
delayed due to budgetary problems. Initial bids were too high. Town
changed plans and had to apply for a modified ATC which was mailed
to the town on May 16, 2005.
no NOVs sent at this time
failure to meet final effluent limits 9/30/05
$20,757.69
current outstanding penalties
$8,733.46
penalties for limit violations not yet assessed
$7,800.00
estimating $50 enforcement fee per violation
total
$16,533.46
peanalites for missing contruction and final effluent
deadlines
$36,007:69---•-
----
-
assuming•Phase III construction is completed on 11/04/05
grand total
$52,541.15

OWAT9
ma T_--._
March 3, 2006
To:
Through:
Through:
Through:
From:
RE:
Alan Klimek, Director, DWQ
Michael F. Easley, Govemor
William G. Ross, Jr., Secretary
North Carolina Department of Environment and Natural Resources
Paul Rawls, Surface Water Protection Section Chief, DWQ
£asrzr/ 3flrt I o to
Gil Vinzani, Western NPDES Supervisor, DWQ
Myrl Nisley, RRO
Jennie Atkins, RRO
Recommendation for Enforcement
Scotland Neck WWTP
EMC SOC WQ S01-008
NPDES Permit NC0023337
Alan W. Klimek, P.E., Director
Division of Water Quality
The Town of Scotland Neck and DWQ entered into a SOC in January 2002. The Town was to complete the scheduled
sewer rehabilitation and WWTP upgrades by July 1, 2005. BOD, total suspended residue, ammonia, and fecal coliform
limits were relaxed and total residual chlorine and toxicity limits were converted to monitoring. During the course of the
SOC, the Town has had thirteen limit violations. The Town has not been assessed penalties for six of the violations. The
Town has also not met four of the scheduled completion dates for which no penalties have been assessed.
The Town was sent an NOV regarding the violations not yet assessed in January 2006. A summary of their justifications
as well as my enforcement recommendations follows.
Violations: 2 weekly BOD violations and a monthly ammonia violation in December 2004
Town's Justification: One of two aerator brushes failed in the large oxidation ditch in August2004. The aerators were
scheduled to be replaced later in the course of construction. The Town used floating surface aerators while attempting to
locate parts for the repair of the brush, but the surface aerators did not provide adequate mixing and resulted in limit
violations for ammonia and BOD in September, October, November, and December. The brush aerator was placed back
in service on December 8, 2004.
Recommendation: The failure of the brush aerator does not constitute "an extraordinary event beyond the permittee's s itt,4t,�
control." It took the Town more than four months to repair the brush because the facility did not maintain the necessary
replacement parts for the brush. Their interim measures were inadequate. This failure resulted in nine limit violations of
BOD and ammonia in September, October, November, and December 2004. I recommend that the SOC stipulate 5 7
penalties be assessed in full for the December violations for a penalty of $3000 and enfDrcementssosts. . I( ? aAk
Violations: monthly ammonia violations in April 2005 and May 2005
Town's Justification: Heavy rains resulted in elevated flows at the WWTP in March 2005. Heavy flows were also
present in April and May. The oxidation ditches were reseeded with sludge from a neighboring facility and ammonia
concentrations were reduced to SOC limits by June 2005.
Nam` l
Caro ina
�aturally
North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Phone [phone] Customer Service
Internet h2o.enr.state.nc.us 1628 Mail Service Center Raleigh, NC 27699-1628 FAX [phone]
An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper

Recommendation for Enforcement
Scotland Neck SOC
EMC SOC WQ SO1-008
NPDES Permit NC0023337
Recommendation: As exhibited in Chart 1, the WWTP exceeded the permitted flow seven times in March and early April
2005. However, the highest ammonia levels did not occur more than a month later in May 2005. Operators required an
additional month before they were able to reduce ammonia concentrations to SOC levels through the addition of fresh
sludge from another WWTP. I recommend that the SOC stipulated penalties be enforced in full for a penalty of $4000
_And enforcement costs.
Violation: weekly fecal coliform violation in July 2005
Town's Justification: None was given.
Recommendation: SOC stipulated penalties be assessed in full for a penalty of $500 and enforcement cost,
Violation: activity violation -- PI removal phase I completion deadline not met
Town's Justification: None was given.
Recommendation: There is a discrepancy in the letters from Scotland Neck regarding the actual completion date. In a
January 26, 2005 progress report to T. Cashion, Brian Cox, a Town engineer, states that I/I removal phase I was
completed on January 14, 2004. A February 13, 2004 letter between the Town and Todd Steele, an engineer who worked
on the project, states that the contractors "completed all construction required for substantial completion of this project on
or before January 14, 2004." In an April 29, 2004 letter to the RRO, Nancy Jackson, the Town Clerk, wrote that the
"...projectwas also completed in January with the exception of a few punch list items. The last of these items which
included replacing a pump at lift station #1 are complete as of today's date." However, the engineer's certification for the
construction was not signed until May 10, 2004. The RRO used the April 29, 2004 date as the actual completion date of
the project. I recommend that we continue to use the April 29, 2004 date as the completion date. This would result in the
work being completed sixty-one days behind schedule and a penalty of $6416.00 plus enforcement costs_
Violation: activity violation — WWTP phase II completion deadline not met
Town's Justification: The approval of the Part B application (part of CG&L's funding process) required two months. The
Town issued a Notice to Proceed on March 22, 2004 with a construction time of three hundred fifty days. This would
have set the completion date as March 7, 2005. The Town states that construction was delayed by inclement weather.
Excessive rain from six hurricanes (Alex, Bonnie, Charley, Frances, Gaston, and Ivan) prevented the contractor from g 1"0�
working. Also delivery of the "traveling bridge sand filter" for the spray application system was thirty days late.
Recommendation: It appears as though adequate time was not built into the SOC schedule for the required document
approvals from CG&L. In the SOC schedule, phase II was to be bid upon by January 15, 2004 with construction
scheduled to be completed on or before January 1, 2005. With a three hundred fifty day construction period, there was no
ro in the SOC schedule for the approvals required by CG&L. However, this tight schedule and the equipment delays
o not constitute "event(s) beyond the permittee's control" as required in paragraph four of the SOC. Inclement weather
would, but the Town has not provided any evidence (ie. rain gauge data, operator's logs, etc.) to support their claims f
excessive rain. For these reasons I recommend that the full penalty of $5800 plus enforcement costs be assessed.
Violation: activity violation -- WWTP phase III completion deadline not met
Town's Justification: High construction costs resulted in the project bids being too high. The engineer modified the plans
to lower the projects cost and reapplied for an A-to-C with CG&L. CG&L required four months to issue the revised A-to-
C which delayed the beginning of construction. The late delivery of equipment also delayed construction. Construction
was further delayed upon the discovery of 4 feet of sludge and grit (estimated by the project engineer to be 220,000
gallons) in the aeration basin that was converted into a digester. In a progress report submitted to the DWQ, the Town

Recommendation for Enforcement
Scotland Neck SOC
EMC SOC WQ S01-008
NPDES Permit NC0023337
estimates thirty days were lost in the removal of the sludge. The submitted engineer's certification was dated December
21, 2005, one hundred seventy three days after the July 1, 2005 SOC deadline. A timeline of phase III construction is
attached.
Recommendation: Contractor delays and problems with funding are stated in paragraph four of the SOC as not being
"considered as events beyond the permittee's control." However, the four months the Town waited for the modified A-to-
C from CG&L could be viewed as an "intentional act .. of a third party," even though the modifications were due to
funding problems. For this reason I recommend that the stipulated penalties be decreased twee - ercent for a
fine of between $8850 to $5900.
Violation: failure to achieve compliance with permit effluent limitations
Town's Justification: None was given, though the WWTP was still under construction when limit violations occurred in
November and December 2005.
Recommendation: The facility exceeded the monthly ammonia limit in November 2005 by fifty-four percent, the monthly
ammonia limit in December 2005 by two hundred percent, exceeded the monthly BOD limit in December 2005 by one
percent, and once exceeded the weekly BOD limit by seven percent. The facility has not been able to show compliance
the permit limits. However, this is partially due to construction delays. And, while there have been mishaps, the
Town working to solve the problems. For these reasons, I recommend that the stipulated -penalties- ee decreased twenty-
five to fifty percent resulting in a fine of between $15,568.27 and $10, 378.85. ni 2 p -(So
For all ten violations, I recommend that the facility be assessed between $44,134.27 and $35,994.85 plus enforcement
costs of $506.79 for twelve hours of work by myself at $27.42 per hour and five hours by Ken Schuster, former RRO
regional supervisor, at $35.55 per hour.

1.0
0.9
0.8
0.7
0.6
0
0
- 0.5
3
0
0.4
0.3
0.2
0.1
0.0
Chart 1. Flow and Ammonia Levels at Scotland Neck WWTP March - May 2005
2/17/2005
3/9/2005 •
3/29/2005
4/18/2005
5/8/2005
--*--daily flow
permitted flow
ii•lidaily ammonia
20.
- 18.
16.
14.
4.
o.
5/28/2005 6/17/2005

Scotland Neck SOC Phase III Construction Timeline
05/04/04 Submitted A-to-C application for phase III construction
08/06/04 In memo to Gil Vinzani concerning plans for phase III construction, Barry Herzberg
states that plans are incomplete. The piping plan -electrical site plan does not show
existing or proposed profile (grade) information. Also the elevations of existing utilities
and the tie-in elevations for the new utilities are not given. There is no record in the file
of this information being passed to the Town's engineer.
09/03/04 A-to-C (# 0023337AC03) sent to Town from CG&L
10/26/04 Quarterly progress report submitted; states that bids have been received for phase III
construction.
11/24/04 Memo between Brian Cox and Water & Waste Systems Construction, company which
submitted the low bid for phase III construction, that the replacement of the fine bubble
aeration system with a jet aeration system would reduce costs by $73,000
12/08/04 NOVA sent to Town concerning violation of fecal coliform limit -- penalty set at $500
12/17/04 CG&L received revised construction plans from Town which lowers costs from $518,000
to $445,000
01/05/05 CG&L receives letter from Brian Cox, project engineer, requesting an "expedient
review" of revised construction plans due to rising material costs
01/05/05 CG&L emails comments to Brian Cox concerning modified plans
01/26/05 RRO receives letter from Brian Cox concerning missed phase I1 deadline— reasons:
weather (excessive rain), delay in approval of the Part B application, delay in equipment
delivery. Also states that CG&L is reviewing modification to A-to-C for Phase III.
01/28/05 Quarterly progress report submitted -- Phase II reported as scheduled to be completed by
February 15, 2005 -- SOC deadline was January 1, 2005. The bid for Phase III
construction was awarded. Awaiting A-to-C.
01/31/05 CG&L sends report to Town concerning January 12, 2005 construction inspection
02/25/05 Town sends I/I report to RRO — effluent flow was reduced 24% by I/I work. Also stated
that work on phase III is scheduled to begin in June of 2005.
03/23/05 Town issues Notice to Proceed to Water and Waste Systems, Inc., to begin construction
on or before March 23, 2005 -- scheduled date of completion is September 19, 2005
04/27/05 Quarterly progress report submitted. Phase III improvements had begun. Equipment
had been and town is awaiting delivery. "Some stages of work have begun."
05/16/05 A-to-C received from CG&L for modified plans
06/28/05 Town submits letter to RRO stating that Phase III construction is not complete — SOC
deadline was July 1, 2005
07/22/05 Brian Cox sends letter to RRO explaining the delay in completion of phase III
construction. Reasons — high construction costs requiring a change in plans and a

07/26/05
09/26/05
09/26/05
12/22/05
resubmission of plans to CG&L, delivery delays of equipment. Estimated completion
date is September 30, 2005.
In a progress report, Town states that phase III construction is approximately 25%
complete.
In a letter to RRO, Brian Cox states that phase III construction will not be completed
until November 4, 2005 due to unexpectedly large sludge level in oxidation ditch. Sludge
volume was estimated to be 220,000 gallons. Estimates construction will be completed
November 4, 2005.
Nancy Jackson requests an extension of the SOC until November 4, 2005 in a letter to the
RRO.
Engineer's certification for phase III construction dated December 21 st submitted to
RRO

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Scotland Neck SOC Phase III Construction Timeline
05/04/04 Submitted A-to-C application for phase III construction
08/06/04 In memo to Gil Vinzani concerning plans for phase III construction, Barry
Herzberg states that plans are incomplete. The piping plan -electrical site plan
does not show existing or proposed profile (grade) information. Also the
elevations of existing utilities and the tie-in elevations for the new utilities are not
given. There is no record in the file of this information being passed to the
Town's engineer.
09/03/04 A-to-C (# 0023337AC03) sent to Town from CG&L
10/26/04 Quarterly progress report submitted; states that bids have been received for phase
III construction.
11/24/04 Memo between Brian Cox and Water & Waste Systems Construction, company
which submitted the low bid for phase III construction, that the replacement of
the fine bubble aeration system with a jet aeration system would reduce costs by
$73,000
12/08/04 NOVA sent to Town concerning violation of fecal coliform limit -- penalty set at
$500
12/17/04 CG&L received revised construction. plans from Town which lowers costs from
$518,000 to $445,000
01/05/05 CG&L receives letter from Brian Cox, project engineer, requesting an "expedient
review" of revised construction plans due to rising material costs
01/05/05 CG&L emails comments to Brian Cox concerning modified plans
01/26/05 RRO receives letter from Brian Cox concerning missed phase II deadline —
reasons: weather (excessive rain), delay in approval of the Part B application,
delay in equipment delivery
01/28/05 Quarterly progress report submitted -- Phase H reported as scheduled to be
completed by February 15, 2005 -- SOC deadline was January 1, 2005
01/31/05 CG&L sends report to Town concerning January 12, 2005 construction
inspection
02/02/05 RRO sends NOV concerning missed construction deadline (NOV-2005-SP-0003)
02/02/05 NOV (NOV-2005-LV-0061) sent concerning BOD and NH3 violations in
October 2004
02/02/05 NOV (NOV-2005-LV-0062) sent concerning BOD and NH3 violations in
November 2004
10/6/2005

02/25/05 Town sends I/I report to RRO — effluent flow was reduced 24% by I/I work.
Also stated that work on phase III is scheduled to begin in June of 2005.
03/17/05 RRO sent assessment letter to Town (LV-2005-0109) for October 2004
violations — penalty $4616.73
03/17/05 RRO sent assessment letter to Town (LV-2005-0110) for November 2004
violations — penalty $4116.73
03/17/05 NOV (NOV-2005-LV-0150) sent concerning BOD and NH3 violations in
December 2004
03/23/05 Town issues Notice to Proceed to Water and Waste Systems, Inc., to begin
construction on or before March 23, 2005 -- scheduled date of completion is
September 19, 2005
04/27/05 Quarterly progress report submitted
05/16/05 A-to=C received from CG&L for modified plans
06/28/05 Town submits letter to RRO stating that Phase III construction is not complete —
SOC deadline was July 1, 2005
07/22/05 Brian Cox sends letter to RRO explaining the delay in completion of phase III
construction. Reasons — high construction costs requiring a change in plans and a
resubmission of plans to CG&L, delivery delays of equipment. Estimated
completion date is September 30, 2005.
07/26/05 In progress report, Town states that phase III construction is approximately 25%
complete.
09/26/05 In letter to RRO, Brian Cox states that phase III construction will not be
completed until November 4, 2005 due to unexpectedly large sludge level in
oxidation ditch. Sludge volume was estimated to be 220,000 gallons.
09/26/05 Nancy Jackson requests an extension of the SOC until November 4, 2005 in a
letter to the RRO.
10/6/2005

Documented Operation and Maintenance Concerns at Scotland Neck WWTP
File review conducted September 1-2, 2005 by Jennie Atkins
11/03/04 During November 2, 2004 visit, Myrl Nisely noted that each of the two oxidation
ditches had only one aerator operating. Operator Melvin Andrews said that the
lack of mixing in the large oxidation ditch was causing the ammonia levels to
increase. Mr. Andrews also stated that the Town was "waiting for the upgrade"
when he was asked about the number of aerators that were nonoperational at the
time of the inspection.
06/17/04 Dirty weirs in the secondary clarifier were noted by Myrl Nisely on a June 15,
2004 visit. He stated that some notches were blocked.
01/14/04 Ken Schuster and Myrl Nisely noted that during a January 13, 2004 visit one
oxidation ditch had only one operational aerator. The other aerator was down
with bearing problems. The working aerator had few brushes on it and appeared
ineffective. Oil was also seen in the wastewater at the influent station during this
visit.
05/28/02 In letter to RRO concerning whole effluent toxicity violations, Nancy Jackson,
town clerk of Scotland Neck, states that chlorine was added to the waste stream
"without regard to concentration." The dechlorination agent was also added in
excess.
09/16/02 In a Compliance Evaluation Inspection (CEI) report, Bob Mangum recommends
that the Town obtain additional spare parts and pumps.
07/11/01 During a CEI, Tim Baldwin noted reporting and cleaning issues at the facility.
No weekend flow was being recorded. Also discrepancies existed between the
May 2000 DMR and lab records. Buildup was noticed on the weirs of a clarifier
and in the splitter box to the filters. Mr. Baldwin recommended that the facility
maintain an "adequate level" of spare parts.
06/23/00 Charles Brown noted in a June 14, 2000 CEI that two aerators were down in an
oxidation ditch due to broken paddles.
06/24/99 In a June 24, 1999 letter to RRO, Gene Butler, then ORC of the Scotland Neck
WWTP, stated that only one aerator was being used "in order to conserve
energy" in response to the facility's nine DO violations in 1998.

Town of Scotland Neck
Violations and Penalties
SOC# SO1-008 (NC0023337)
assessed violations
case number
reasons
penalty
paid
balance
notes
SP-2004-0011
fecal coliform limit violation July 2004
$548.29
$548.29
$0.00
paid 01/24/05
LV-2005-0109
BOD and ammonia monthly average limit violations October
2004, BOD weekly average limit violation
$4,616.73
$0.00
$4,616.73
challenging penalty
LV-2005-0110
BOD and ammonia monthly average limit violations November
2004
$4,116.73
$0.00
$4,116.73
challenging penalty
violations not yet assessed
estimated penalty
NOV-2005-LV-0150
ammonia monthly limit (74% over) violation, 2 BOD weekly
limit violations (11% and 15% over) December 2004
$3,150.00
estimating $50 enforcement fee per violation _
no NOVs sent at this time
1 monthly limit violation for ammonia (49% over) April 2005
$2,050.00
•
estimating $50 enforcement fee per violation • -
no NOVs sent at this time
1 monthly limit violation for ammonia (81% over) May 2005
$2,050.00
estimating $50 enforcement fee per violation
no NOVs sent at this time
1 weeldy limit violation for fecal coliform (36% over) June
2005
$550.00
estimating $50 enforcement fee per violation
NOV-2005-SP-0003
missed phase II final construction deadline
$5,800.00
Calculated using 2/23/05 date on engineer's certification as completion
date; scheduled to be completed by 1/1/05 in SOC. Internal decision
not to assess unless town misses final effluent deadline of 9/30/05.
Phase II construction included adding a spray application system, a
new bar screen, and a new tertiary filter system.
no NOVs sent at this time
missed phase III final construction deadline
$9,450.00
Calculated using 11/04/05, town's scheduled completion date, as actual
completion date; was scheduled to be completed by 7/1/05 in SOC. It
has been suggested internally not to assess unless town misses final
effluent deadline of 9/30/05. Phase III construction included
improving aeration basin and adding a sludge digestor. Construction
delayed due to budgetary problems. Initial bids were too high. Town
changed plans and had to apply for a modified ATC which was mailed
to the town on May 16, 2005.
no NOVs sent at this time
failure to meet final effluent limits 9/30/05
$20,757.69
current outstanding penalties
$8,733.46
penalties for Iimit violations not yet assessed
$7,800.00
estimating $50 enforcement fee per violation
total
$16,533.46
peanalites for missing contruction and final effluent
deadlines
$36,007;69-----
---•- -
-•
assuming -Phase III. construction is completed on 11/04/05
grand total
$52,541.15

Re: Scotland Neck; proposed meeting
From: Coleen Sullins <[e-mail]> 9/22/0
Subject: Re Scotland Neck, pi_oposed meeting
To: Ken Schuster <[e-mail]>, Dave Goodrich <[e-mail]>
Ken - I think Dave was trying to schedule this meeting. Do I really need to be involved? Isn't there a way
to reach an acceptable compromise on this issue? Coleen
Ken Schuster wrote:
Hello Coleen,
Scotland Neck wants a meeting with you or Alan. The Town of Scotland Neck in Halifax County
requested an SOC for wwtp upgrades and collection system rehab. The facility has historically violated
their permit for TSS, BOD, Ammonia, and Fecal. The Town has contracted operation of the wwtp with
United Water- Hydo Management Services in 2002. Since then the facility compliance has improved.
The Town is pursuing the SOC for relaxed limits for BOD, Ammonia, and Fecal and a change to
monitoring for Residual Chlorine and Toxicity. The facility has UV disinfection but it is not effective
during TSS/BOD excursions. Liquid chlor/dechlor has been temporarily installed but they have
difficulty managing it effectively; resulting in some Toxicity excursions.
The discharge is to a 0 flow stream. Susan Wilson informed the RRO that if a facility requests relaxed
limits for oxygen consuming parameters and asks for additional flow in the SOC that no additional flow
can be granted.
See the attached letter that has already been sent to Scotland Neck, for clarification on this point. The
Town wants to build a 30 room hotel with a 3,700 GPD flow and the Town of Hobgood wants to build a
new collection system
tributary to Scotland Neck's wwtp.
The RRO has told Scotland Neck that the Hobgood connection and the hotel cannot be connected until
the SOC work is completed and final compliance with the discharge permit is obtained. The Town has
asked for a decision from a
higher authority than the RRO. A meeting with you and all concerned parties may resolve this issue.
The RRO also has a fast -track sewer application for construction of this Hobgood collection system.
We are presently holding issuance of that fast -track application until this flow issue, and most likely
signature of the SOC, is resolved. The planned timeline is for the Scotland Neck WWTP upgrades to be
completed prior to the completion of the Hobgood collection system, but the construction of the
Hobgood collection system needs to proceed asap.
I recommend Pam schedule a meeting with the Scotland Neck folks, you, Kirk and me. Nancy
Jackson at 252-826-3152 is the Town's contact. The onlybad days in October for Kirk and I are as
follows: 1st, 3rd, 9th, loth, AM of the 15th, and the 29th-30th. thks.
1 of 1
9/29/03 6:13 A M

SOC MEETING
OCTOBER 7, 2003
Division of Water Quality
Dave Goodrich
Kenneth Schuster
Town of Scotland Neck
Robert B. Partin — Mayor
Leonard J. Bunting — Mayor — Pro-Tem
Nancy Jackson — Town Administrator
HvdroManagment
Gary Stainback — Director of Operations
Engineering Services
David Dickenson
Todd Steele
NCLM
Anita Watson- Manager of Environmental Policy

Please review the following progress and commitment at our Wastewater
Treatment Plant. The Scotland Neck Board of Commissioners is very
concerned about our past violations and have taken the following action to
remedy the problem.
1. Hired Engineering Services to make modifications and improvements
to existing plant
2. Hired C.D. Malone as a consultant to assist in our plant operations
($10,000)
3. Joined the Tar Pamilco River Basin Association (back dues will cost
$30,000)
4. Approved at 2/26/02 Board Meeting to use $400,000;00 of Town
funds to make certain modifications within the existing WWTP to
facilitate lowering the affluent discharge of all nitrogen and
phosphorus in accordance with the revised•state NPDES.
5. To date, the town has spent approximately $23,000.00 this fiscal year
making temporary changes to the WWTP, buying more chemicals and
adding needed lab equipment.
6. The following projects have began:
Phase I — Sewer & PS Rehab to reduce I/1('/2 completed)
Phase II — Sewer rehab to reduce I/I at WWTP (waiting on bids)
Install hew bar screen
Install new grit auger
Refurbish the influent pump station
Refurbish the larger and older of the two clarifiers
Install New tertiary filters
Funding for these project will come from CWMTF, Rural Center and
Construction Grants and Loans.
7. Applied for SOC in 2001
8. Awarded $3,000,000.00 High Unit Cost Grant from Construction,
Grants and Loans on July 16, 2001.
9. Awarded $200,000 Supplemental Grant By Rural Center on August
13,2001.
10. Awarded $100,000 Grant from Clean Water Management Trust Fund
11. Borrowed $400,000 from Sanitary Sewer Revolving Loan Fund on
7July 3, 2002.
its ad ( 12. Bought 30 acres of land for a spray field - $225, 000.00
Paid in fines (9-99 — 5-01) $18,392.16
14.. Balance due with SOC Agreement $15,505.12
15. Remaining balance due if fail to comply with SOC $15,757.69

16. $80,000 Reimbursement money withheld from municipalities in 2001.
17. Hired HydroManagement for plant operations in June 2003 — The
plant is being professionally operated and we have seen
improvements.
I present the above factual information to you as evidence that Scotland
Neck will soon solve our problems and we are asking for your consideration
in allowing the assessed civil penalties to be used in correcting the situation.
We are really struggling to keep our budget balanced and the above
expenditures were unexpected.
Please take the current fiscal problem of local and state governments into
consideration and not require payment of our past fines.

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CERTIFIED MAIL
RETURN RECEIPT REQUESTED
The Honorable Robert Partin, Mayor
Town of Scotland Neck
P.O. Box 537
Scotland Neck, NC 27874
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
August 22, 2003
Subject: Special Order by Consent
Town of Scotland Neck WWTP
EMC SOC WQ SO1-008
NPDES Permit NC0023337
Halifax County
Dear Mayor Partin:
Please find enclosed the Special Order by Consent (SOC) requested by the Town of Scotland
Neck for your signature. During the review of the SOC by the Division's central office, two conditions
which would prevent the Division from allowing the Town any additional flow under the SOC were
discovered. First, because the discharge is to a zero flow stream, no model is available that would
adequately predict the impacts on dissolved oxygen levels in the stream by relaxing the BOD limit to 30
mg/1. Ms. Susan Wilson in the NPDES Permitting Unit calculated the loading to the stream using average
flow from calendar year 2002 and the proposed relaxed BOD limit of 30 mg/I would more than double the
current permitted load. Although not a model, this is an indicator that impacts might occur to the
receiving stream. Se6ondly, based on instream data for the Town's last permit renewal, dissolved oxygen
levels in the stream were consistently below 5 mg/1 and in some cases below 3 mg/1. Based on this
information and the State's Administrative Code[T15A: 02H .1206(d)(1)(E)(I)J, the Division can not
allow the requested additional flow in the proposed SOC.
Please return the signed SOC within 10 working days of receipt of this correspondence to:
Ms. Vanessa Manuel
NPDES Compliance Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, NC 27699-1617
The Division of Water Quality will at that time place the document at public notice and after that
notice present it to the Division's director for signature. A signed copy will be mailed to the town at that
time and within 15 days of that receipt the upfront penalty must be received by the Director.
Sincerely,
Kenneth Schuster, P.E.
Regional Supervisor
Cc: Vanessa Manuel-NPDES Compliance Unit
Raleigh Regional Office 1628 Mail Service Center phone [phone] Customer Service
Water Quality Section Raleigh, NC 27699-1628 facsimile [phone] 1-800-623-7748
NCDENR

NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF HALIFAX
IN THE MATTER OF )
NORTH CAROLINA ) SPECIAL ORDER BY CONSENT
NPDES PERMIT ) EMC SOC WQ NO. SO1-008
NO. NC0023337 )
HELD BY THE )
TOWN OF SCOTLAND NECK )
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 Scotland Neck, 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 NC0023337 for operation of an
existing wastewater treatment works and for making an outlet therefrom for treated wastewater to
Canal Creek, Class C NSW waters of this State in the Tar Pamlico River Basin, but is unable to
consistently comply with the final effluent limitations for BOD5, NH3 as N, Total Suspended
Residue, Fecal Coliform, Total Residual Chlorine, Total Nitrogen, Total Phosphorus and
Chronic Toxicity as set forth in the NPDES Permit. In addition, the Town has reported elevated
flows in the WWTP due to excessive inflow and infiltration (I&I). Compliance will require
preparation and implementation of a plan for WWTP upgrades and to identify and reduce I&I
into the sewer system.
(b)
Noncompliance with final effluent limitations and unauthorized discharges of partially treated
sewage 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 has secured a grant or otherwise secured financing for planning, designing, or
constructing a new or improved waste collection and waste disposal system which, once
constructed and operated, will be sufficient to adequately treat wastewater presently being
discharged, to the extent the Town will be able to comply with final effluent permit limits.
(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.
(e) Based upon the Town's acceptance into the Tar Pamlico Basin Association (TPBA) on April 12,
2002, the Division of Water Quality (DWQ), at the Town's request, removed the nutrient limits
from the Town's NDPES Permit. The Town is, however, still responsible for all monitoring
requirements for Total Nitrogen and Total Phosphorous. If at any time membership in the TPBA
is canceled, withdrawn, or not kept current, the Total Nitrogen and Total Phosphorous limits will
be immediately reinstated in the permit.
2. The Town, 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 NC0023337 prior to entering into this
Special Order by Consent, the Town agrees to an up -front penalty in the amount of $31,262.81.
A certified check in the amount of $15,505.12 must be made payable to the Department of
Environment and Natural Resources and forwarded to the Director of DWQ at 1617 Mail
Service Center, Raleigh, North Carolina 27699-1617 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
Town. The remaining balance of the up -front penalty ($15,757.69) will be waived in full upon
verification that the Town has successfully met compliance as called for in this Order. Should
the Town fail to meet compliance, as called for in this order, the Town will be required to pay in
full the balance of the up -front penalty amount and any other penalties called for in this Order,
and a certified check must be made payable to the Director of DWQ as noted above no later than
fifteen (15) days following the date on which this Order expires.
(b) Undertake the following activities in accordance with the indicated time schedule:
I&I Removal Phase I — Replace 8,266 linear feet of sewer line, 38 manholes, the #1
pump station, rehabilitate four (4) pump stations and install auto -dialers.
a) Submit an application for Sanitary Sewer System Improvements on or before
June 10, 2002. (MET)
b) Bid project on or before January 30, 2003. (MET)
c) Complete construction on or before February 28, 2004.
2) I&I Removal Phase II — Replace 18,276 linear feet of sewer line, 88 manholes, and an
estimated 100 taps.
a) Submit an application for Sanitary Sewer System Improvements on or before
April 15, 2003. (MET)
b) Bid project on or before August 5, 2003. (MET)
c) Complete construction on or before October 30, 2004.
3) Evaluate the effectiveness of the I&I rehabilitation and prepare a summary report and
submit it to the Raleigh Regional Office on or before December 31, 2004.
4.--).
WWTP upgrades Phase I — Refurbish the influentpumpstation, renovate an existing
" clarifier, and repair/replace the grit removal auger.
a) Submit an application for repair/upgrade on or before August 31, 2002. (MET)
b) Bid project on or before March 31, 2003. (MET)
c) Complete construction on or before February 28, 2004.
5) WWTP upgrades Phase II — Construct a flow reduction/spray application system, install
new automatic bar screen and new tertiary filter system.
a) Submit an application for WWTP upgrades on or before April 15, 2003. (MET)
b) Bid project on or before August 5, 2003. (MET)
c) Complete construction on or before October 30, 2004.
6) WWTP upgrades Phase III — Make repairs, renovations, and improvements to the
existing aeration basins, and construct a new sludge digester.
a) Submit an application for repair/upgrade on or before November 30, 2003.
b) Bid project on or before February 28, 2004.
2

c) Complete construction on or before April 30, 2005.
7) Achieve compliance with all final effluent limitations contained in NPDES Permit
Number NC0023337 on or before June 30, 2005. After this date, the Town returns to
final effluent limits, and the Town is subject to civil penalties for all violations of
NPDES Permit Number NC0023337.
8) Submit quarterly progress reports detailing the work and activities undertaken and
completed on the WWTP upgrades and I&I rehabilitation during the calendar quarter.
Also include an estimated amount of I&I eliminated during the calendar quarter. The
reports are to be submitted as follows: one copy must be mailed to the Raleigh Regional
Water Quality Supervisor, Division of Water Quality, 1628 Mail Service Center,
Raleigh, NC 27699-1628, and one copy must be mailed to the Point Source Compliance
Enforcement Unit, Division of Water Quality, 1617 Mail Service Center, Raleigh, NC
27699-1617. The copies of the reports are due in each respective office no later than the
thirtieth (30th) day of January, April, July, and October for the duration of this Order.
(c) Comply with all terms and conditions of the permit except those effluent limitations identified in
paragraph 1(a) above. See Attachments A and B for all current 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
interim effluent limitations as contained in Attachments A and B. Note it is reflected on
Attachment A that the Town is still responsible for the monitoring requirements for Total
Nitrogen and Total Phosphorous. The permittee may also be required to monitor for other
parameters as deemed necessary by the Director in future permits or administrative letters.
Under this Special Order by Consent, ONLY the parameters listed below have been modified
from the most current NPDES Permit in effect for outfall 001.
Permit Limits
Modified Limits (SOC)
Parameter
Unit
Monthly
Average
5.0
Weekly
Average
7.5
Monthly
Average
30.0
Weekly
Average
45.0
BOD5
(April 1 — October 31)
mg/L
BOD5
(Nov. 1— March 31)
mg/L
10.0
15.0
30.0
45.0
Total Suspended Residue
mg/L
30.0
45.0
60.0
90.0
NH3 as N
(April 1 — October 31)
mg/L
2.0
6.0
NH3 as N
(Nov. 1 — March 31)
mg/L
4.0
9.0
Fecal Coliform
#colonies/100 ml
200
400
400
800
Total Residue Chlorine
ug/L
17.0 (Daily Maximum)
Monitor Only
Chronic Toxicity
P/F at 90%
Monitor Only
(e) No later than thirty (30) calendar days after any date identified for accomplishment of any
activity listed in paragraph 2(b) above, submit to the Director of DWQ written notice of
3

(fl
compliance (including the date compliance was achieved along with supporting documentation if
applicable) 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).
3. The Town agrees that unless excused under paragraph four (4), the Town will pay the Director of DWQ,
by check payable to the North Carolina Department of Environment and Natural Resources, stipulated
penalties according to the following schedule for failure to meet the deadlines set out in paragraphs 2(b)
and 2(e), or failure to attain compliance with the modified effluent limitations/monitoring requirements
contained in Attachments A and B.
Failure to meet a schedule date listed in either paragraph $500 per missed schedule date within the first seven (7)
2(b)(1), 2(b)(2), 2(b)(3), 2(b)(4), 2(b)(5), or 2(b)(6). days of tardiness; $50 per day thereafter.,
Failure to achieve compliance with final effluent limits
on or before June 30, 2005.
Failure to comply with any modified limit listed in
paragraph 2(d) of this order.
Monitoring frequency violations for modified
parameters listed in paragraph 2(d) (except for toxicity).
Monitoring frequency violations for toxicity.
Failure to submit progress reports as required by
paragraph 2(b)(8) or 2(e).
$20,757.69• (single penalty including the $15,757.69
balance of the Up -Front Penalty).
$2,000 per violation for monthly average exceedance;
$500 per violation for weekly average exceedance.
$100 per omitted value per parameter.
$2,000 per omitted value.
$500 for the first violation; Penalty doubles with each
subsequent assessment for late reports.
4. The Town and the Commission agree that the stipulated penalties are not due if the Town satisfies DWQ
that 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 permittee'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
4

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. Upon the effective date of the Special Order by Consent, the Town and the Commission agree that
Scotland Neck WWTP will be under a statutory moratorium. The statutory moratorium not only prohibits the issuance of sewer line permits, but also prohibits the acceptance of additional waste from
individual tap-ons.
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 (imitations contained therein issued in connection with NPDES Permit
Number NC0023337. In the event of an NPDES Permit modification or renewal, any effluent limitations
or monitoring requirements contained therein shall supersede those contained in Attachments A and B of
this Special Order by Consent, except as modified and contained in paragraph 2(d) above.
7. Noncompliance with the terms of this Special Order by Consent is subject to enforcement action in
addition to the above stipulated penalties, including injunctive relief pursuant to G.S. I43-215.6.C.
8. 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.
9. This Special Order by Consent shall expire September 30, 2005.
For the Town of Scotland Neck:
Print Name of Signins Official Title
Signature Date
For the North Carolina Environmental Management Commission
Chair of the Commission Date
5

ATTACHMENT A Page 1 of 2
Permit No. NC0023337
Scotland Neck WWTP
EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - INTERIM (Present to June 30,2005)
During the period beginning on the effective date of this Special Order by Consent
and lasting until June 30, 2005, the permittee is authorized to discharge from
outfall 001.Such discharge shall be limited and monitored by the permittee as
specified below:
Effluent Characteristics
Flow
BOD, 5 Day 20 degrees C2
(April 1 - October 31)
BOD, 5 Day 20 degrees C2
(NOV. 1 - March 31)
Total Suspended Solids
NH3 as N
(April 1 - October 31)
NH3 as N
(Nov. 1 - March 31)
Dissolved Oxygen (minimum)2
Dissolved Oxygen (minimum)
Fecal Coliform (geometric mean) 400/100m1 800/100 ml
Fecal Coliform (geometric mean)
Residual Chlorine3 Monitor only
Temperature (°C)
Temperature (°C)
Chronic Toxicity4 Monitor only
Copper
Zinc
pH5
Discharge Limitations
Units as Specified
Monthly Avg. Weekly Avg.
• 0.675 MGD
30.0 mg/1 45.0 mg/1
30.0 mg/1 45.0 mg/1
60.mg/1
6.0 mg/1
9.0 mg/l
90 mg/1
Monitoring Requirements
Measurement Sample
Frequency Type
Continuous Recording
3/Week Composite
3/Week
3/Week
3/Month
3/Month
3/Week
3/Week
3/Week
3/Week
3/Week
Daily
3/Week
Monthly
Quarterly
Quarterly
Daily
Location'
I or E
I&E
Composite I&E
Composite I&E
Composite E
Composite E
Grab
Grab
Grab
Grab
Grab
Grab
Grab
Composite
Composite
Composite
Grab
E
U&D
E
U&D
E
E
U&D
E
E
E
E
1. Sample Location: I - Influent, E - Effluent, U = Upstream at least 50 feet, D.
Downstream at least 900 feet. Stream samples shall be grab and shall be collected 3/week
during June - September and 1/week during the remaining months of the year.
2. The daily average dissolved oxygen effluent concentration shall not be less than 5.0
mg/1.

ATTACHMENT A Page 2 of 2
Permit No. NC0023337
Scotland Neck WWTP
3. Residual Chlorine shall be monitored/limited if chlorine is used as a disinfectant or
elsewhere in the process.
4. Chronic Toxicity(Ceriodaphnia (Cer.iodaphnia dubia) P/F at 90%: Monitor monthly
5. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units.
There shall be no discharge of floating solids or visible foam in other than trace
amounts.

Compliance History Chronology
Scotland Neck WWTP — NC0023337
• 1999
• 2001
On -set of continual noncompliance with NPDES permit
SOC application received
• 2003 Town signed draft SOC
• 2004 SOC was signed and became effective
Meeting with senator and Town
• 2005 SOC expired
• 2006 Proposed settlement offered
4z,