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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.