WQ0004332_SOC WQ S17-001 Ad. III_20230201

NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF CHOWAN
IN THE MATTER OF
NORTH CAROLINA
PERMIT NUMBER
WQ0004332
HELD BY THE
TOWN OF EDENTON
SPECIAL ORDER BY CONSENT
EMC SOC WQ S17-001 Ad, III
Pursuant to provisions of North Carolina General Statutes (G.S.) 143-215.2 and
143-215.67b, this Special Order by Consent is entered into by the Town of Edenton, 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 a North Carolina Non -Discharge Permit, Number WQ0004332, for
operation of an existing wastewater treatment works to spray irrigate 1.076 MGD of treated
wastewater on 228.76 wetted acres in the Chowan River Basin. The Town is currently in
noncompliance with permit conditions where the spray irrigation fields have not been properly
maintained and show signs of surface runoff, ponding and vegetative crop issues. Compliance
will require preparation of plans and specifications for construction and operation of additional
treatment and disposal facilities.
(b) Noncompliance with the Permit constitutes causing and contributing to pollution of the
surface and ground waters of this State, 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 grants or otherwise will secure financing for planning, design, and
construction of a new or improved waste disposal system which, once constructed and operated,
will be sufficient to adequately treat wastewater presently being disposed of and the additional
wastewater desired to be disposed of, to the extent the Town will be able to comply with final
permit limitations.
(d) Since this Special Order is by Consent, neither party will file a petition for a contested case
or judicial review concerning its terms.
(e) The Town desires to cause or allow the discharge of 36,600 gallons per day of additional
domestic wastewater to the treatment works. Any additional wastewater will be granted to the
Town upon the approval from the Division of Water Resources in the Washington Regional
Office. As part of the request for an additional wastewater other than the 36,600 gpd, the

Town must demonstrate that there is no net increase in flow and the discharge of such
additional wastewater will not result in any significant degradation to the quality ofanx
waters. The nature of the additional flows is such that the waste characteristics do not exceed
those generally associated with domestic waste or are pretreated to domestic strengths. Waste of
greater than normal domestic strength will not be approved for discharge.
2. The Town desiring to comply with the Permit identified in paragraph 1(a) above, hereby
agrees to do the following:
(a) Undertake the following activities in accordance with the indicated time schedule:
1) On or before January 1, 2018, submit a complete engineering report on the
proposed modifications to the wastewater treatment facility. (MET)
2) On or before January 1, 2021, submit complete plans and specifications
for the improvements to the existing wastewater treatment facility along
with the appropriate permit application and fee. (Met)
3) On or before June 1, 2023, begin construction of the improvements to the
existing lagoon and spray field.
4) On or before February 1, 2025, submit complete plans and specifications
for the selected alternative of waste treatment along with the appropriate
permit application and fee.
5) On or before June 1, 2025, complete construction to the improvements to
the existing lagoon and spray field.
6) On or before February 1, 2026, begin construction on the selected
alternative of waste treatment.
7) On or before February 1, 2028, complete construction.
8) On or before June 1, 2028, achieve compliance with all final permit
effluent limits and permit conditions.
9) Provide the Washington Regional Office with quarterly progress
reports. Quarterly reports shall include, at a minimum, documentation of
the Permittee's inspections of the irrigation fields, project funding status,
progress of infiltration/inflow reduction and the status of the repair project.
Also, please include allocation of additional flows used from the 36,600
gpd. Reports are due May 1, August 1, November 1, and February 1.

(b) No later than fifteen (15) calendar days after any date identified for accomplishment of any
activity listed in 2(a) above. submit to the Director of DWR written notice of compliance or
noncompliance therewith. In the case of noncompliance. the notice shall include a statement of
the reason(s) for noncompliance. remedial action(s) taken. and a statement identifying the extent
to which subsequent dates or times for accomplishment of listed activities may be affected.
(c) Identify any Infiltration and Inflow problems associated with the facility and establish a
program to correct.
(d) During the time in which this Special Order by Consent is effective, The Town of Edenton
shall comply with interim effluent limitations as contained in Attachment A.
Under this Special Order by Consent, ONLY the parameters listed below have been
modified from the most current Permit currently in effect.
Non-Dischar2e Application Rate
Permit Limitations
Field No. Unit Hourly Rate Yearly Max.
1 - 42 Inches 0.25 46.8
Modified Limitations (SOC)
Hourly Rate Yearly Max.
0.25 Monitor Only
The Town shall operate and maintain the fields to minimize ponding and runoff and also
promote the best possible environment for crop health.
(e) The Town shall monitor twice per month for Fecal Coliform, Ammonia Nitrogen and Total
Nitrogen beginning one day after any discharge event at an upstream and downstream sampling
point. The Town shall receive approval from the Washington Regional Office of the upstream
and downstream locations. Twice per month sampling shall continue as long as the discharge
occurs. The Town may also be required to monitor for other parameters as deemed necessary by
the Director in future permits or administrative letters.
(f) Submit monitoring reports from sampling analysis on samples collected from the streams on
form DEM Form MR-3. Reports should be submitted to the Washington Regional office thirty
days after the end of the previous month.
3. The Town agrees that unless excused under paragraph four (4) below, the Town will pay the
Director of Water Resources, by check payable to the North Carolina Department of
Environmental Quality, stipulated penalties according to the following schedule for failure to
meet conditions set out in paragraph 2.

Failure to meet a schedule date.
Failure to comply with SOC condition.
Failure to achieve compliance with final
effluent limitations at final compliance deadline.
Failure to submit progress reports.
$500/day for the first 7
days; $1000/day thereafter
$500/day until condition is met
$5,000.00
$1000/first violation; penalty doubles with
each subsequent assessment
4. The Town and the Commission agree stipulated penalties are not due if the Town satisfies
the Division, noncompliance was caused solely by:
a. An act of God;
b. An act of war;
c. An intentional act or omission of a third party, but this defense shall not be available if
the act or omission is that of an employee or agent of the defendant or if the act or
omission occurs in connection with a contractual relationship with the Town;
d. An extraordinary event beyond the Town's control. Contractor delays or failure to obtain
funding will not be -considered as events beyond the Town'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. 150E-23, will be grounds for a collection
action, which the Attorney General is hereby authorized to initiate. The only issue in such an
action will be whether the thirty (30) days has elapsed.
5. This Special Order by Consent and any terms, conditions and interim effluent limitations
contained herein, hereby supersede any and all previous Special Orders, Enforcement
Compliance Schedule Letters, terms, conditions, and limitations contained therein issued in
connection with Non -Discharge Permit No. WQ0004332.
6. Noncompliance with the terms of this Special Order by Consent are subject to enforcement
action in addition to the above stipulated penalties, including injunctive relief pursuant to G.S.
143-215.6.(C).

7. The Town, upon signature of this Special Order by Consent, will be expected to comply
with all schedule dates, terms, and conditions of this document.
8. This Special Order by Consent shall expire October 1, 2028.
For the Town of Edenton :
deft t o w,n Ma ^ ci
me and Title of Signing Official
For the North Carolina Environmenta I Management Commission:
Z3
ichard E. Rogers, Jr., Director Dion of Date
Water Resources
for Chairman of the Commission
44, of Eden
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