HomeMy WebLinkAboutNC0029131-Historical-SOC WQ 99-012_19991018DIVISION OF WATER QUALITY
October 18, 1999
MEMORANDUM
To: Shannon Langly
Supervisor NPDES Compliance/Enforcement
Through: Ken Schuster, P.E.
Raleigh Regional Supervisor
From: Kirk Stafford
Environmental Chemist
Subject: Kittrell Job Corps Center
Proposed SOC WQ 99-012
NPDES Permit NCO029131
Vance County
Enclosed is the proposed SOC for the subject facility. The Center's wastewater treatment
system currently consists of a bar screen, flow splitter box, aerated flow equalization tank,
aeration tank fixed film activated sludge treatment, clarifier, chlorine contact tank with tablet
chlorinator, dechlorination tank with tablet dechlorination, chemical feed for alkalinity
adjustment, cascade aerator, and activated sludge digester. The discharge is to an unnamed
tributary to Long Creek in the Tar -Pamlico River basin. The facility has a history of
noncompliance from 1990 and is consistently unable to meet the Ammonia, TSR, and BOD
permit limits. The Center plans to upgrade the system including installation of a new bar screen,
modification of the aeration tank to fine bubble aeration, and addition of back-up blowers.
The subject facility has outstanding assessments totaling $3,630.00 from LV99-024,
LV99-122, and LV-315. The RRO requests that the Central Office review the proposed SOC and
that $3,630.00 be included in the order as an up -front penalty. If you have questions, please call.
cc:Kirk Stafford
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF VANCE
IN THE MATTER OF )
NORTH CAROLINA }
NPDES PERMIT )
NUMBER NCO029131 }
HELD BY KITTRELL JOB )
CORPS CENTER }
SPECIAL ORDER BY CONSENT
E.M.C. SOC WQ 99-012
Pursuant to provisions of North Carolina General Statute (G.S.) 143-215.2, this Special Order by
Consent is entered into by Kittrell Job Corps Center, hereinafter referred to as the Center, 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:
The Center and the Commission hereby stipulate the following:
(a) That the Center holds North Carolina NPDES Permit No. NCO029131 for operation of
an existing wastewater treatment works and for making an outlet therefrom for treated
wastewater to Long Creek ,Class C NSW waters of this State in the Tar -Pamlico River
Basin, but is unable to consistently comply with final effluent limitations for Ammonia,
BOD, and TSR as set forth in NPDES Permit NCO029131. Compliance will require
preparation of plans and specifications for construction at the wastewater treatment works
to bring the facility into compliance with all NPDES Permit No. NCO029131 conditions.
(b) Noncompliance with final effluent limitations constitutes causing and contributing to
pollution of the waters of this State named above, and the Center is within the jurisdiction
of the Commission as set forth in G.S. Chapter 143, Article 21.
(c) Since this Special Order is by Consent, neither party will file a petition for a contested
case or for judicial review concerning its terms.
2. The Center, desiring to comply with the Permit identified in paragraph 1(a) above, hereby
agrees to do the following:
(a) Comply with all terms and conditions of the permit except those effluent limitations
identified in paragraph 1(a) above. See attachment A 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.
(b) As settlement of all violations of NPDES Permit NCO029131 prior to entering into
this Special Order by Consent, the Center agrees to pay the sum of $3,630.00. A certified
check must be made payable to the Department of Environment and Natural Resources
and forwarded to the Director of the Division of Water Quality 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 Center.
(c) Undertake the following activities in accordance with the indicated time schedule:
1) Submit complete design and plans for Authorization to Construct by
October 20,1999 for upgrade of the wastewater treatment plant. (MET)
2) Begin construction by February 1, 2000.
3) Complete all construction by March 1, 2000.
4) Achieve compliance with all final effluent limitations contained in
NPDES Permit No. NCO029131 by May 1, 2000.
(d) During the time in which this Special Order by Consent is effective, comply with
interim effluent limitations contained in Attachment A. The following reflects only the
limitations that have been modified from NPDES requirements by this Order:
From effective date of SOC to May 1, 2000.
Permit Limits
Modified Limits(SOC)
Parameters
Uuft
Manibly Avg
Daily Max,
Monthly Average
Daily Max-
N113 as N
MG/L
2 Summer
NA
NO LIMIT
NA
4 Winter
NA
NO LIMIT
NA
BOD5
MG/L
17.0 Summer
25.5 Summer
45.0
75.0
30.0 Winter
45.0 Winter
45.0
75.0
TSR
MG/L
30.0 Summer
45.0 Summer
45.0
75.0
30.0 Winter
45.0 Winter
45.0
75.0
- �- I -1i
11 111"1 +1 I . 1 i 11 - I" D • 1" \ 1 1 1• 1 11 ! I 11 1 1 1 T- 1 11 • 1- '1
3. The Center agrees that unless excused under paragraph four (4), the Center will pay the
Director of DWQ, by check payable to the North Carolina Department of Environment
and Natural Resources, according to the following schedule for failure to meet the
deadlines set out in paragraphs 2(c) and 2(e), or failure to attain compliance with the
effluent limitations/monitoring requirements contained in Attachment(s) A.
4.
Failure to meet a schedule date
contained in either 2(c)(1), 2(c)(2), and 2(c)(3)
Failure to comply with 2(c)(4).
Failure to maintain compliance with
any modified limit contained in the SOC.
$100/day for the first
7 days; $500/day thereafter
$1,000
$1,000
Monitoring frequency violations. $100 per omitted value
per parameter
The Center and the Commission agree stipulated penalties are not due if the Center
satisfies the Division of Water Quality 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. 15013-23, 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. Noncompliance with the terms of this Special Order by Consent is subject to enforcement
action in addition to the above stipulations, including injunctive relief pursuant to G.S.
143-215.6.
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 herein issued
in connection with NPDES Permit No. NC0029131. In the event of an NPDES Permit
modification or renewal, any effluent limitations or monitoring requirements contained
herein shall supersede those contained in Attachment A of this Special Order by Consent,
except as modified and contained in paragraph 2(d) above.
7. 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.
8. This Special Order by Consent will expire November 1, 2000.
Kittrell Job Corps Center:
Tim Wilkerson
Center Director
Da
Signature of Signing Official
For the North Carolina Environmental Management Commission
Date
Chairman of the Commission
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