NC0024244_Email (Draft SOC)_20191218

Strickland, Bev
From: Denard, Derek
Sent: Monday, November 18, 2019 2:50 PM
To: Scheller, Roberto
Subject: Long creek Draft 11-18-19
Attachments: NC0024244 SOC WQ S 2019 DRAFT 20191118.docx

NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF STANLY
IN THE MATTER OF )
NORTH CAROLINA )
NPDES PERMIT NO. NCO024244 )
PERMIT NO. WQCS0016 )
HELD BY )
THE CITY OF ALBEMARLE )
SPECIAL ORDER BY CONSENT
EMC SOC WQ S
Pursuant to provisions of North Carolina General Statute (G.S.) 143-215.2 and G.S. 143-215.67,
this Special Order by Consent is entered into by the City of Albemarle, hereinafter referred to as
the City, 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 City and the Commission hereby stipulate the following:
(a) The City holds North Carolina NPDES Permit NCO024244 for operation of an existing
wastewater treatment works and for making an outlet therefrom for treated wastewater to
Long Creek, Class C waters of this State in the Yadkin -Pee Dee River Basin, but is
unable to consistently comply with the final effluent limits, including Biochemical
Oxygen Demand (BOD), Ammonia Nitrogen, and Total Suspended Solids (TSS), and
with operational requirements as set forth in NPDES Permit NCO024244 due to high
levels of inflow and infiltration entering the City's sewer lines, and the WWTP's
inability to handle sustained elevated flow with low influent concentrations of BOD and
ammonia. The City holds North Carolina Collection System Permit WQCS0016 for
operation of an existing wastewater collection system, but is unable to consistently
comply with Condition 1.2., regarding sanitary sewer overflows (SSOs) as set forth in
Collection System Permit WQCS0016. Compliance will require preparation of plans and
specifications for collection system upgrades including, but not limited to, pump station
upgrades/improvements, and sewer line (force main) rehabilitation to be conducted in
three phases.
(b) Noncompliance with final effluent limitations constitutes causing and contributing to
pollution of the waters of this State named above, and the City is within the jurisdiction
of the Commission as set forth in G.S. Chapter 143, Article 21.
(c) The City has secured a grant or has otherwise secured financing for planning, design, and
construction/repairs of the following:
i. A new or improved wastewater collection system which, once constructed and operated,
will be sufficient to adequately collect wastewater presently being made tributary to the

City of Albemarle
EMC SOC WQ S
D. 2
collection system, within the Sanitary Sewer Rehab Phase 1, Phase 2, Phase 3 such that
the City will be able to comply with final permit conditions in Collection System Permit
WQCS00016.
(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.
2. The City, desiring to comply with the Permits identified in paragraph l(a) and I(b) above,
hereby agrees to do the following:
(a) Undertake the following activities in accordance with the indicated time schedule:
Scheduled Activity
Due Date
Submit Quarterly Progress Reports
(see details in paragraph 2(d) below.)
Beginning April 15, 2020
For Collection System Permit WQCS0016:
Complete Sanitary Sewer Rehab, Phase I
December 31, 2014 (Met)
Begin construction on Sanitary Sewer Rehab, Phase 2
July 31, 2019 (Met)
Apply for funding for Sanitary Sewer Rehab, Phase 3
September 30, 2019 (Met?)
Receive Letter of Intent to Fund for Phase 3
March 31, 2020
Submit finished plans and specifications for review for Phase 3
September 30, 2021
Complete construction on Phase 2
May 31, �020[DDii
Begin Construction and execute construction contract for Phase 3
March 31, 2022
Complete construction on Phase 3
March 31, 2023
Review infrastructure improvements for maintaining compliance
September 30, 2023
Attain Compliance with the Collection System Permit
September 30, 2023
For NPDES Permit NCO024244:
Attain Compliance with NPDES permit limits
September 30, 2023
(b) The Town will submit quarterly progress reports detailing the work and activities undertaken
and completed on the upgrades to the collection system. The reports are to be submitted as
follows: one copy must be mailed to the Mooresville Regional Supervisor, Division of Water
Resources / Water Quality Regional Operations Section, 610 East Center Avenue, Suite 301,
Mooresville, NC 28115, and one copy must be mailed to the Water Quality Permitting Section
/ NPDES, 1617 Mail Service Center Raleigh, NC 27699-1617. The quarterly reports are due in
each respective office no later than the thirtieth (15th) day of January, April, July, and October
for the duration of this Order.

City of Albemarle
EMC SOC WQ S
(c) The City will comply with all terms and conditions of the permit except effluent limits for
parameters identified in paragraph 1(a) above. See Attachment A for all current monitoring
requirements and effluent limits, including interim effluent limits applicable to this Special
Order by Consent. The City may also be required to monitor for other parameters, as
deemed necessary by the Director, in future permits or administrative letters. During the
time in which this Special Order by Consent is effective, the City shall comply with the
interim effluent limits for Total Suspended Solids (TSS), Biochemical Oxygen Demand
(BOD), Ammonia Nitrogen, and Fecal Coliform as listed in the table below.
Under this SOC, only the parameters listed below have been modified from the most
current NPDES Permit NCO024244 in effect for Outfall 001.
Parameters
Units
Permit Limits
Interim Limits
Monthly
Avg.
Weekly
Avg.
Monthly
Avg.
Weekly
Avg.
BOD (s)
mg/L
10.0
15.0
15.0
35.0
BOD (w)
mg/L
20.0
30.0
25.0
35.0
TSS
mg/L
30.0
45.0
35.0
50.0
mmoni [DD2] Nitrogen (s)
mg/L
1.1
3.3
5.0
15.0
Ammonia Nitrogen (w)
mg/L
2.6
7.8
5.0
15.0
Fecal Coliform
9/100 mL
200*
400*
BOD & TSS % Removal
%
85
70
s = summer (April 1 — October 31); w = winter (November 1 — March 31)
* = geometric mean
(d) No later than fifteen (15) (15a' day following end of quarter) calendar days after any date
identified for accomplishment of any activity listed in 2(a) above, the City shall submit to
the Water Quality Regional Operations Section Regional Supervisor for the Division of
Water Resources' (DWR) Mooresville Regional Office 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.
(e) The Town will continue to operate the wastewater treatment plant as best as possible to
prevent/minimize any adverse impacts to the surface waters.
3. The City agrees that unless excused under paragraph four (4), the City will pay the Director of
DWR, by check payable to the North Carolina Department of Environmental Quality,
stipulated penalties according to the following schedule for failure to meet the deadlines set
out in paragraphs 2(a), 2(b), and 2(d).

City of Albemarle
EMC SOC WQ S
D. 4
Violation Description
Stipulated Penalty
Any reportable spill (SSO or bypass)
$250/day
Failure to meet a scheduled date
$1,000 per day
Failure to comply with a modified
$1,000 for exceeding monthly average (or
effluent limit
geometric mean) limit; $500 for exceeding
weekly average (or geometric mean) limits
Monitoring frequency violations for
$100 per omitted value per parameter
modified parameters
Failure to Submit Status Reports
$1,000 for the first violation; penalty doubles
with each subsequent assessment for late reports
Failure to achieve compliance with final
$5,000 (single penalty)
effluent limits
4. The City and the Commission agree that the stipulated penalties are not due if the City
satisfies DWR that noncompliance was caused solely by:
a. An act of God;
b. An act of war;
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. 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.C.
6. This Special Order by Consent and any terms or conditions contained herein, hereby
supersede any and all previous Special Orders, Enforcement Compliance Schedule Letters,
terms, conditions, and limits contained therein issued in connection with NPDES permit

City of Albemarle
EMC SOC WQ S
number NCO024244 and Collection System Permit WQCS0016. In the event of an NPDES
permit modification or renewal, any effluent limit or monitoring requirements contained
therein shall supersede those contained in Attachment A of this Special Order by Consent,
except as modified and contained in paragraph 2(c) above.
7. This Special Order by Consent may be amended provided the City has made good faith
efforts to secure funding, complete all construction and achieve compliance within the dates
specified.
8. During the term of this Special Order by Consent, the City will not be permitted to accept
additional wastewater from any domestic, industrial, or commercial sources without prior
approval from the Mooresville Regional Supervisor and the Water Quality Permitting
Section.
9. Failure to meet the scheduled date identified in paragraph 2(a) may terminate this Special
Order by Consent and require the City to comply with the terms and conditions contained in
the permits identified in paragraph 1(a).
10. The City, upon signature of this Special Order by Consent, will be expected to comply with
all schedule dates, terms, and conditions of this document.
This Special Order by Consent shall expire December 31, 2023.
For the City of Albemarle:
Michael Ferris, City Manager
For the North Carolina Environmental Management Commission:
Date
Linda Culpepper, Director Date
Division of Water Resources