HomeMy WebLinkAboutNC0026271_Regional Office Historical File Pre 2018 (118)DIVISION OF WATER QUALITY
September 25, 1996
MEMORANDUM TO: Mike Lewandowski
FROM: Richard Bridgeman
SUBJECT: Corrected Pages
Special Order by Consent
Town of Taylorsville
NPDES Permit No. NC0026271
EMC WQ 96-12
Alexander County
Per your telephone request on this date, enclosed please find
two pages from the subject SOC that reflect corrected typographical
errors.
Please advise if you need additional action.
Enclosure
RMB
EMC SOC WQ No. 96-12
Page Three
(d) During the time in which this Special Order by Consent is
effective, comply with the interim effluent limitations
contained in Attachment A. The following reflects only the
limitations that have been modified from NPDES requirements by
this Order:
Permit Limits.:
Parameters Monthly Average Weekly Average
Flow 0.43 MGD NA
BOD 30.0 mg/1 45.0 mg/1
TSRS 30.0 mg/1 45.0 mg/l
Modified Limits (SOC):
Parameters Monthly Average Weekly Average
Flow 0.60 MGD NA
BODS 45.0 mg/l 60.0 mg/l
TSR 45.0 mg/l 60.0 mg/l
(e) No later than 14 calendar days after anv date identified for
accomplishment of any activity listed in 3 b above, submit to the
Director of the Division of Water Quality written notice of
com liance 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.
(f) Enforce the North Carolina State Building Code as it applies
to Water Conservation (Volume II -Plumbing, Chapter 9, 901 General
Requirements - Materials, 901.2 Water Conservation, and Table
901.2.2 - Maximum Allowable Water Usage For Plumbing Fixtures).
(g) Develop and adopt sewer use ordinance limits for non -
conventional pollutants. Implement. the pretreatment program as
approved by the Director, including the enforcement of both
categorical pretreatment standards and local limits.
(h) Identify any Infiltration and Inflow problems associated with
the facility and establish a program to correct.
EMC SOC WQ No. 96-12
Page Four
4. The Town agrees that unless excused under paragraph 5, the Town
will.pay the Director of the Division of Water Quality, by check payable
to the North Carolina Department of Environment,.. Health and Natural
Resources, stipulated penalties according to the following schedule for
failure to meet the deadlines set out in paragraphs 3(b) and 3(e), or
failure to attain compliance with the effluent limitations/monitoring
requirements contained in Attachment A:
Failure to meet a.schedule date
Failure to maintain compliance with
any modified limit contained in the
SOC.
Failure to achieve compliance with
final effluent limits at final
compliance deadline
Monitoring frequency violations
Failure to submit progress reports
$100/day for the first 7
days; $500/day
thereafter
$1000/violation
$2000.00
$100 per omitted value
per parameter
$50/day for the first 7
days; $250/day thereafter
5. The Town and the Commission agree that the stipulated penalties are
not due if the Town 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 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 30 days has elapsed.