NC0026271_Regional Office Historical File Pre 2018 (122)

State of North Carolina
Department of Environment,
Health and Natural Resources
Mooresville Regional Office
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary.
A4�
1DEHNR
DIVISION OF WATER.QUALITY
July 18, 1996
Mr. Robert W. Duncan, Town Manager
Town of..Taylorsville
204 Main.Avenue Drive S.E.
Taylorsville, North Carolina 28681
Subject: Special Order by Consent
EMC WQ No. 96-12
Town of Taylorsville WWTP
NPDES Permit No. NCO026271
Alexander County, NC
Dear Mr.,Duncan:
Enclosed please find a copy of a Special Order by Consent,
which was developed in response to a request from the Town.
Through the Order conditional compliance can be achieved while the
Town undertakes activities at the Town's wastewater treatment
facility which should result. in consistent compliance with Permit
requirements.
Thoroughly review the Order. As the document title suggests,
it will be entered into only after the PermitteeIs consent. If you
are satisfied with the content of the Order, please sign as.
indicated on the last page; upon the Order's return to this Office,
it will be forwarded to the Director of this Division for final
action.,
Should you have questions or require assistance, please do not
hesitate to contact either Richard Bridgeman or, me at 704/663-1699.
SincerelyID - lq— - V-
D. Rex
Water Quality Regional Supervisor
Enclosure
RMB
919 North Main Street, N��FAX [phone]
Mooresville, North Carolina 28115 CAn Equal Opportunity/Affirmative Action Employer
Voice 704-663-1699 0 RTFPJ- 50% recycled/10% post -consumer paper

NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF ALEXANDER
IN THE MATTER OF
NORTH CAROLINA ) SPECIAL,ORDER BY.CONSENT
NPDES PERMIT ) EMC WQ N0.'96-12
NO. NC0026271 )
HELD BY THE TOWN" )
OF TAYLORSVILLE )
Pursuant. to -provisions of North Carolina'General Statutes (G.S.).
143-215.2 and 143-215.67, this Special Order by Consent,is entered
into -by the Town of Taylorsville, 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)- That the Town holds North Carolina NPDES Permit
No.NC0.026271 for operation of an existing wastewater treatment
works and for making an outlet therefrom for treated
wastewater to Lower Little River, Class C waters of this State
in the Catawba River Basin, but is unable to comply with the
final effluent limitations for Flow, Biochemical Oxygen. Demand
(BODS), and Total Suspended Residue (TSR) set forth, in the
Permit. Compliance will, require preparation of plans and
specifications for and construction and operation of
additional treatment works.
(b) That noncompliance with final effluent limitations
constitutes causing and contributing to pollution of the
waters of this State named above, and the Town is within the
jurisdiction of the Commission as set forth in.-G.S. Chapter
143, Article 21.
(c) That the Town desires to cause or allow the discharge of
170,000 gpd of additional wastewater to the treatment works,
and that the discharge.of such additional wastewater will not
result in any significant degradation of the quality of any
waters.
(d) That the Town has secured financing for planning and
construction for treatment works which, when constructed and
operated, will be sufficient to adequately treat the
wastewater presently being 'discharged and the additional
wastewater desired to, be discharged, to the extent that the
Town will be able to comply with final permit effluent
limitations.

EMC SOC WQ No. 96-12
Page Two
(e),'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 Town agrees to pay the North Carolina Department of
Environment, Health, and Natural Resources the sum of $500.00 in
full settlement for alleged violations of G.S. 143-215.1 and NPDES
Permit No. NC0026271. The payment shall be submitted to the
Director of the Division of Water Quality, P.-O. Box 29535, Raleigh,
North Carolina 27626-0535, within thirty (30) days of the signature
of this document`by the Town. The Town agrees to waive its right
to an Administrative Hearing or remission of civil penalties for
the above settlement amount.
3. The Town, desiring to comply with the permit identified in
paragraph l(a) above, hereby agrees to do the following:
(a) Provide the Mooresville Regional Office of the North
Carolina Division of Water Quality, located at 919 North Main
Street, Mooresville, NC 28115, with a list of all additions of
flow under the Town's Special Order, and update this list each
time flow is added to the system.
(b) Undertake the following activities in accordance with the
indicated time schedule:
1) Submit request for authorization to construct and
plans and specifications for facility upgrade to 0.83 MGD
by October 25, 1995. MET; Authorization- to Construct
issued April 41 1996.
2) Begin construction of facility upgrade by August 1,
1996.
3) Complete construction of facility upgrade by May 31,
1997.
4) Attain compliance with final effluent limitations by
August 31, 1997.
(c) 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.

EMC SOC WQ No. 96-12
Page Three
(d) . During the time ' in wh
effective, comply with
contained in Attachment A
limitations that have been
this Order:
Permit Limits:
.ch this Special Order by Consent is
:he interim effluent limitations
The following reflects only the
modified from NPDES requirements by
Parameters Monthly Average Weekly Average
Flow 0.43 MGD NA
BOD5 30.0 mg/l 45.0 mg/l
TSR 30.O.mg/l 45.0 mg/l
Modified Limits (SOC):
Parameters Monthly Average Weekly Average
Flow 0.60 MGD = NA
BOD5 45.0 mg/.1 60.0 mg/l
TSR .45.0„ mg/l 60.0 mg/l
(e) No -later than 14 calendar days after any -date identified for
accomplishment of any activity listed in 2(b) above, submit to the
Director of the Division of Water, Quality -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.
(f) Enforce the water .conservation provisions of the State.
Building Code as it applies to. new residential construction (Volume
II, Chapter IX 901.2).
(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.
(i) Use forty percent (40*) of the revenue received by a
municipality from additional one-half percent (1/2%) sales and use
taxes levied during the- first five fiscal years in which the
additional taxes are in effect in the- municipality and thirty
percent (30%) of the revenue received by a municipality from these
taxes in the second five fiscal years in which -the taxes are in
effect in the municipality, for water and sewer capital outlay
purposes or to retire any indebtedness incurred by the municipality
for these.purposes.

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 ofWater 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 beyondthe 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 persons,
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.

EMC SOC WQ No. 96-12
Page Five
6. In accordance with the provisions of G.S. 143-215.67(b) the
Commission allows the Town to accept the additional -waste specified
below to.its waste disposal system:
170,000 gpd of additional wastewater. 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
may be accepted if the parameter(s) that exceed normal domestic
strength wastewater'are not those for which interim limitations
have been developed,. and it can be demonstrated to -the satisfaction
of the`Director that the additional waste will not adversely affect
the treatment efficiency of the treatment system for any modified
parameter or result in .the violation of any other permit
limitation. All new and proposed industrial waste tributary to the
system must be controlled using all needed mechanisms including,
but not limited to, adoption and implementation of industrial waste
control and pretreatment ordinances. No wastewater can be accepted
which will add toxic pollutants in quantities not generally
associated with domestic wastewater characteristics, unless the
acceptance of the additional wastewater can be supported through
appropriate analyses acceptable to the Director.
•
7. This Special Order by Consent and any terms, conditions and interim
effluent limitations contained herein, hereby supersede any and all
previous Special Orders and'Enforcement Compliance Schedule Letters, and
terms, conditions, and limitations contained therein issued in
connection with NPDES Permit No. NC0026271.
8. Any Violation of terms of this.Special Order I& Consent, including
paragraphs 3(b) and 3(e) above and Attachment A. shall terminate
paragraph-6 .of this Order and any authorized additional waste not
previously connected to the system shall not thereafter be connected
until the necessary sewerage system improvements have been completed
and placed in operation.
9. Noncompliance with the terms of this Special .Order by Consent is
subject to enforcement action in addition to the above stipulated
penalties, including injunctive relief pursuant to G.S. 143-215.6C.
10. The Town, upon signature of the Special Order by Consent, will be
expected., to comply with all schedule dates, terms, and conditions of
this document.

EMC SOC WQ No. 96-12
Page Six
11. This Special Order by Consent shall expire on November 30, 1997.
For the Town of Taylorsville:
Date
(Title)
For the North Carolina Environmental Management Commission:
Date
Chair of the Commission

EMC SOC WQ NO. 96-12
ATTACHMENT A
TOWN OF TAYLORSVILLE
NPDES PERMIT NO. NCO026271
ALEXANDER COUNTY
EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS -Interim
During the period beginning on the effective -date of this Special -.Order and lasting until August 31, 1997, the
Town of Taylorsville is authorized to discharge from outfall serial number 001. Such discharge shall be limited
and monitored by Mid South as specified below:
Effluent Characteristics. Discharae Limitations Monitorina Reauirements
Mass -based limits-.
Concentration -based himits
(lbs/day)
(units as specified)
Measurement
Sample
* Sample
Mon. Avg. Daily Max.
Mon. Avg. Weekly Avg,
Frequency
Type
Location
Flow
0.600 MGD
Continuous
Recording
I or E
HOD, 5 Day, 200C **
45.0 1 .60.0 1
Weekly
composite
E.
Total Suspended Residue **
45.0 1 60.0 1
Weekly
site
E:
NH3 as"N-(April I.- October )
17.8 mg/1
Weekly
Composite
E
NH3 as N -(November 1 - March 31)
2/Month
Composite
E
Fecal Coliform (geometric mean)
200.0/100 ml 400.0/100 ml
Weekly.
Grab
E
Total Residual Chlorine
2/Week
Grab
E
Temperature
Weekly
Grab
E
Total Nitrogen. (NO2+NO3+TRN)
Quarterly
Composite
E
Total Phosphorus
Quarterly
Composite
"E
Copper
Monthly
Composite
E
Cyanide
Monthly
Grab
E
Zinc
Monthly
Composite
E
Chlorides
Monthly
Composite
E
Chronic Toxicity ***
Quarterly
Composite
E
* Sample locations: E - Effluent, I - Influent
** The monthly average effluent.BOD5 and Total Suspended
Residue concentrations
shall not exceed 15% of the respective
influent value (85% removal).
*** Chronic Toxicity (Ceriodaphnia) P/F @ 4.4%; January, April, July and October; See Attachment B.
The pH shall not be less than 6.0 standard units nor
greater than 9.0 standard units and shall
be monitored
weekly at the
effluent by grab sample.
There shall be no discharge of floating solids or visible foam'in other than trace amounts.
Note: Parameters noted in bold underlined lettering above are the only parameters modified as part of this SOC.

EMC SOC WQ NO. 96-12
ATTACHMENT B
TOWN OF TAYLORSVILLE
NPDES PERMIT NO. NCO026271
ALEXANDER COUNTY
CHRONIC_ TOXICITY PASS/FAIL PERMIT LIMIT (QUARTERLY)
The -effluent discharge shall -at no time exhibit chronic toxicity using test
procedures outlined in:
1). The North Carolina Ceriodaphnia chronic effluent bioassay procedure (North
Carolina Chronic Bioassay Procedure - Revised * September 1989) or
subsequent versions.
The effluent concentration at which there may be no observable inhibition of
reproduction or significant mortality is 4.4% (defined as treatment two in the
North Carolina procedure document). The permit holder shallperform.quarterly
monitoring using this procedure to establish compliance with the SOC condition.
The tests will be performed in the months of January, April, July, and October.
Effluent sampling for this testing shall be performed at the NPDES permitted
final effluent discharge below all treatment processes.
All toxicity testing results required as part of this SOC condition will be
entered on the Effluent Discharge..Moni_toring Form (MR-1) for the month in which
it was performed, using the parameter code TGP3B. Additionally, DEM Form AT-1
(original) is to be sent to the following address:
Attention: Environmental Sciences Branch
North Carolina Division of Water Quality
4401 Reedy Creek Road
Raleigh, North Carolina 27607
Test data .shall be complete and accurate and include all supporting
Chemical/physical measurements performed in association with the toxicity tests,
as well as all dose/response data. Total residual chlorine of the effluent
toxicity sample must be measured and reported if chlorine is employed for
disinfection of the waste stream.
Should any single quarterly monitoring indicate a failure to meet specified
limits, .then monthly -monitoring will begin immediately until such time that a
single test is passed. Upon passing, this monthly test requirement will revert
to quarterly in the months specified above.
Should any test data .from this monitoring requirement or tests performed by the
North Carolina Division of Water Quality indicate potential impacts to the
receiving stream, this SOC may be reopened and modified to include alternate
monitoring requirements or limits.
NOTE: Failure to achieve test conditions as specified in the cited document,
such as minimum control. organism survival and appropriate environmental controls,
shall constitute an invalid test and will require immediate retesting (within 30
days of initial monitoring event). Failure to submit suitable test results will
constitute noncompliance with monitoring requirements.