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HomeMy WebLinkAboutNC0071943_Regional Office Historical File Pre 2018Town of Boiling Springs P.O. BOX 1014 BOILING SPRINGS, N.C. 28017 704-434-2357 _ COMMISSIONERS 3 ' is � ROBERT B. HAMRICK, MAYOR PRO-TEM -' t CLINE HAMRICK WILLIAM K. ELLIOTT ;;!,i, 1999 BILL ELLIS ALBERT GLENN May 10, 1999 Mr. A. Preston Howard, Jr. P.E. Director - Division of Water Quality NCDEHNR Post Office Box 29535 Raleigh, NC 27626-0535 Dear Mr. Howard: G?-ile Wiz¢ L'1' I>ti�;5:t ��•F":.... M�.'rL'..•.. -�:1 MAX HAMRICK Mayor RICK HOWELL Town Administrator MARGRETTA McKEE Clerk Re: SOC EMC WQ 96-15 Notice of compliance Town of Boiling Springs Cleveland County Please take note that in accordance with the terms of the above referenced SOC I am officially notifying you of compliance with paragraph 2(c) (5) as it relates to "attaining compliance with final effluent limits" by May 31, 1999. The Town is evaluating the current situation and does anticipate requesting that the. SOC be rescinded prior to the August 31, 1999 expiration date. This request may be made at a later date after further discussion with the MRO. The Town will continue to work diligently to correct past deficiencies in our wastewater program. If you have questions or if I can be of assistance please feel free to contact me. c rely, A ' c � ar e � T Administrator cc: D. Rex Gleason, DWQ-MRO File State of North Carolina Department of Environment and Natural Resources 'RJR Division of Water Quality99(l4 • • James B. Hunt, Jr., Governorply)5"wN 2r r,%( Wayne McDevitt, Secretary -.�'tE fta���� Kerr T. Stevens, Director April 26, I999 Rick Howell, Town Administrator Town of Boiling Springs P. O. Box 1014 Boiling Springs, NC 28017 _ Subject: Special Order by Consent EMC WQ 96-15 AdI Cleveland County Dear Mr. Howell: Attached for your records is a copy of the signed Special Order by Consent approved by the Environmental Management Commission. - The terms and conditions of the Order are in full effect, and.you are reminded that all final permit limits contained in the permit must be met except those modified by the conditions of the Order. Additionally, as specified in paragraph two (2) (f) of the Order, submittal of written notice of compliance or non compliance with any schedule date is required to be submitted to this office. Pursuant to amended North Carolina General Statute 143-215.3D, effective January 1, 1999, water quality fees have been revised to include an annual fee for any permit covered under a Special Order by Consent in addition to the annual fee for the permit. The Town's WWTP will be subject to a fee of $250.00 on a yearly basis while under this order, in addition to an annual permit fee of $715.00. The Town will be billed for this at a later date. If you have questions concerning this matter, please contact Marcia Lieber at (919)733-5083 ext. 530. Sincerely, Kerr T. Stevens Attachment - cc: Regional-Office_Morresville w/_atta.chment Mike Hom, EPA w/ attachment Jimmie Overton w/ attachment SOC Files w/ attachment Central Files w/ attachment Jeanne Phillips P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-9919 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION COUNTY OF CLEVELAND IN THE MATTER OF ) NORTH CAROLINA ) SPECIAL ORDER BY CONSENT NPDES PERMIT ) EMC WQ NO. 96-15 Ad I NO. NCO071943 ) HELD BY THE TOWN ) _OF BOILING SPRINGS ) 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 Boiling Springs, 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: The Town and the Commission hereby stipulate the following: (a) The Town holds North Carolina NPDES Permit No. NCO071943 for operation of an existing wastewater treatment works and for malting an outlet therefrom for treated wastewater to Sandy Run Creek, Class C waters of this State in the Broad River Basin, but is unable to consistently comply with the final effluent limitations for Flow, Biochemical Oxygen Demand (BODO, andTotal Suspended Residue (TSR) as set forth in the NPDES Permit No. NCO071943 for Outfall 001. Compliance will require the Town to prepare plans and specifications for the construction of additional treatment works, plus improvements and modifications to the existing wastewater treatment and collection system. (b) 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) The Town desires to cause or allow the discharge of 50,000 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) The Town has secured or will secure 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. SOC EMC WQ 96-15 Ad I 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, desiring to comply with the permit identified in paragraph 1(a) above, hereby agrees to do the following: (a) As settlement of all alleged violations of NPDES Permit No. NC0071943 prior to entering into this Special Order by Consent, the Town agrees to pay -the North Carolina Department of Environment and Natural Resources the sum of $12,456.00 for violations of G.S. 143-215.1 and NPDES Permit No. NC0071943. The payment shall be submitted to the Director of the Division of Water Quality, Post Office Box 29535, Raleigh, North Carolina 27626-0535, within thirty (30) days of the signing 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. This settlement covers violations accruing subsequent to May, 1995. MET (b) Provide the Mooresville Regional Office of the North Carolina Division of Water Quality (DWQ), located at 919 North Main Street, Mooresville, NC 28115, with a list of all additions of flow under the Town's Special Order by Consent, and update this list each time flow is added to the system. (c) Undertake the following activities in accordance with the indicated time schedule: 1) Submit to the Mooresville Regional Office, located at 919 North Main Street, Mooresville, North Carolina 28115, monthly progress reports relative to activities identified in this paragraph below. The first report is due on May 15, 1998, with similar reports due the fifteenth (15) day of each subsequent month. MEETING 2) Submit plans and specifications for the new facility by December 31, 1996. MET 3) After receiving appropriate permits from the Division, begin construction of a 0.300 MGD wastewater treatment plant parallel to the existing facility by April 30, 1998. MET 4) Complete construction of parallel treatment units, complete repairs and modifications to the existing system, and complete inflow/infiltration work on the collection system (as outlined in the October 4, 1995 letter for fiscal year 1996-1997) by March 31, 1999. 5) Attain compliance with final effluent limitations by May 31, 1999. SOC EMC WQ 96-15 Ad I Page Three (d) The Town shall comply with all terms and conditions of the NPDES permit except those effluent limitations identified in paragraph l(a) above. See Attachment A for all current monitoring requirements and effluent limitations. The Town may also be required to monitor for other parameters as deemed necessary by the Director in future permits or administrative letters. (e) During the time in which this Special Order by Consent is effective, the Town shall comply with interim effluent limitations as contained in Attachment A._ Under this Special Order by Consent, ONLY the parameters listed below have been modified from the most current NPDES Permit currently in effect: Outfall Serial No. 001: Permit Limits Parameters Monthly Avg Weekly Avg Flow 0.300 MGD N/A BOD5 30.0 mg/1 45.0 mg/1 TSR 30.0 mg/1 45.0 mg/1 Modified Limits Monthly Av_b Weekly-"- .0.350 MGD N/A 40.0 mg/1 60.0 mg/1 50.0 mQ/1 65.0 mg/1 •- - • • 35i, • I 1 1.1 I•11• MINIMUM-•• • 0- "••-1 • -: •• • ••• • • .1 - 111M •� :.-• :•• -••-• (g) 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). (h) Identify any infiltration and inflow problems associated with the facility and establish a program to correct. The Town agrees that unless excused under paragraph 4, the Town will pay the Director of DWQ, by check payable to the North Carolina Department of Environment and Natural Resources, stipulated penalties according to the following schedule for failure to meet the deadlines set out in paragraphs 2(c) and 2(f), or failure to attain compliance with the effluent limitations/monitoring requirements contained in Attachments A: SOC EMC WQ 96-15 Ad I Page Four M 5 Failure to meet a schedule date Failure to maintain compliance with of any modified limit contained in the SOC Monitoring frequency violations Failure to submit progress reports $100/day for the first 7 days; $500/day thereafter $1000 per violation by this Order $100 per omitted value per parameter $50/day for the first 7 days; $250/day thereafter Failure to achieve compliance with $2000 final effluent limits at final compliance deadline The Town and the Commission agree that the stipulated penalties are not due if the Town satisfies the DWQ 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 Town or if the act or omission occurs in connection with a contractual relationship with the Town; d. An extraordinary event beyond the Town's control. Contractor delays or failure to obtain funding will not be considered as events beyond the Town'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 thirty 30 days has elapsed. 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: 50,000 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 domestic strength may be accepted if the parameter(s) that exceed normal domestic strength wastewater are not SOC EMC WQ 96-15 Ad I Page Five 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. 6. 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. NC0071943. In the event of an NPDES permit modification or renewal, any effluent limitations 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(e) above. ! I• •! !• •1 It I! "III 1! -or..• !•1 • • .- !11 !I -so im so /- -. I I- I- !r - .�- '11 11• • "11-I 1! - •--I •11• - -. !11 8. 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. 143-215.6C. 1-1 14 1 - 4K 1 WWW•1 I KIWIt I Ito ID192 a I a I Lei1 Mel M I I I I.-MRSTRIII-I 10. This Special Order by Consent shall expire on August 31, 1999. SOC EMC WQ 96-15 Ad I Page Six For the Town of Boiling Springs: hi(°N('�YA 111 1v . �c)Wi4 1l,i5�rAor Printed Name and Title of Signing Official Date 15kn Sib ature of Sign g'Offida For the North Carolina Environmental Management Commission: Date 'y—22--If Chair of the Commission ATTACHMENT A SOC EMC WQ NO. 96-15 Ad I NPDES PERMIT NO. NCO071943 EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS -Interim During the period beginning on the effective date of this Special Order and lasting until May 31, 1999, the Town is authorized to discharge from outfall serial number 001. Such discharge shall be limited and monitored by the Town as specified below: EFFLUENT CHARACTERISTICS LIMITS MONITORING REQUIREMENTS Monthly Average Weekly Average Daily Maximum Measurement Frequency Sample Type Sample Location ELM 0.350 MGD Continuous Recorder I or E 1130D,-S ay, 20 ° C ** 4U-mg/I 64.0-ing/1 Wc- lily_ Composite EJ Total Suspended Residue ** 50.0 m�e/I 65.0 mg/1 Weekly Composite NH, 2/Month Composite E. Fecal Coliform 200.0/100 iul 400.0/100 ml Weekly Grab E Total Residual Chlorine 2/Week Grab E Temperature, ° C Weekly Grab E Total Nitrogen (NO, + NO, + TKN) Semi -Annually Composite E Total Phosphorus Semi -Annually Composite E * Sample locations: E - Effluent, I - Influent ** The monthly average effluent BOD, and Total Suspended Residue concentrations shall not exceed 15% of the respective influent value (85% removal). 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. The Permittee may also be required to monitor for other parameters as deemed necessary by the Director in future permits or Administrative Letters. Note: Parameters noted in bold underlined lettering above are the Quly parameters modified as part of this SOC. State of North Carolina,A Department of Environment and Natural Resources 414Y Q • Division of Water Quality1�9Q • James.B. Hunt, Jr., Governor fE aFV& ,A Wayne McDevitt, Secretary c Kerr T. Stevens, Director C April 26, 1999 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Rick Howell, Town Manager Town of Boiling Springs Post Office Box 1014 Boiling Springs, North Carolina 27999 Subject: Department of Environment and Natural Resources and Environmental Management Commission vs. Town of Boiling Springs EMC SOC WQ 96-15 NPDES Permit 'NC0071943 Stipulated Penalties Town of Boiling Springs Cleveland County Dear Mr. Howell: The Town of Boiling Springs entered into a Special Order by Consent, EMC SOC WQ 96- 15 with the North Carolina Environmental Management Commission whereby the operation of Boiling Springs Wastewater Treatment Plants have been placed under interim effluent limitations and an enforceable schedule while .the existing facilities are being upgraded. Under paragraph three (3) of the Special Order by Consent, the Town was required to comply with interim effluent limitations as set forth in the Consent Order. The Town failed to comply with the interim effluent weekly average limitation for Total Suspended Residue contained in "Attachment A" of the Order for the month of November 1999. Paragraph five (5) of the Consent Order provides that the stipulated penalty is not due if the Town satisfies the Division the failure to comply was due to events or circumstances beyond the Town's control. You were notified of the violation and your right to justify the Town's failure to meet the interim effluent limitation in a Notice of Violation dated February 2, 1999. I have reviewed the Town's reply dated February 14, 1999, which stated the violation occurred because of heavy rainfall and the subsequent inflow and infiltration into the collection system. After careful review of this matter, I have found sufficient justification to waive the stipulated penalty. P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-9919 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper Mr. Rick Howell, Town Manager Town of Boiling Springs Page Two (2) You are reminded that waiving the penalty will not foreclose further penalties for any future or continuing violations, failure to meet deadline dates, or interim effluent violations. If you have any questions concerning this notification please contact Marcia Lieber at (919)733-5083 ext. 530 or Rex Gleason, Water Quality Supervisor at (704) 663-1699 in our Mooresville Office. Sincerely; Kerr T. Stevens cc: Attorney General's Office SOC Files Mooresville- -Regional Office 5 Town of Boiling Springs / P.O. BOX 1014 BOILING SPRINGS, N.C. 28017 704-434-2357 COMMISSIONERS ROBERT B. HAMRICK, MAYOR PRO-TEM CLINE HAMRICKa.C. WILLIAM K. ELLIOTT BILL ELLIS &IV ATUR=' ,,ice l ESCi ALBERT GLENN PEAR 16 1999 March 16, 1999 Mr. A. Preston Howard, Jr. P.E. Director - Division of Water Quality NCDEHNR Post Office Box 29535 Raleigh, NC 27626-0535 Dear Mr. Howard: MAX HAMRICK Mayor RICK HOWELL Town Administrator 7-1 MARGRETTA McKEE Clerk fnGn S IL E lit`u; iL ail ri E Re: SOC EMC WQ 96-15 Notice of compliance Town of Boiling Springs Cleveland County Please take note that in accordance with the terms of the above referenced SOC I am officially notifying you of compliance with paragraph 2(c) (4) as it relates to "completion of construction of parallel treatment units, complete repairs and modifications to the existing system" by March 31, 1999. The Town is also in compliance with the remainder of this section referencing "complete i/i work on the collection system (as outlined in the October 4, 1995 letter for fiscal year 1996-97) by March 31, 1999. The Town has also attained compliance with final effluent limitations by the May 31, 1999 deadline imposed in paragraph 2(c) (5) and anticipates being able to remain compliant. The Town is further evaluating the current situation and does anticipate requesting that the SOC be rescinded prior to the August 31, 1-999 expiration date. This request may be made at a later date after further discussion with the MRO. The Town will continue to work diligently to correct past deficiencies in our wastewater program. If you have questions or if I can be of assistance please feel free to contact me. ;Sinly, wel, Jdministrator cc: D. Rex Gleason, DWQ-MRO File �a�z`ia, DIVISION OF WATER QUALITY February 17, 1999 MEMORANDUM TO: Susan Wilson FROM: D. Rex Gleason PREPARED BY: Richard Bridgeman 2� SUBJECT: Special Order by Consent Amendment Town of Boiling Springs NPDES Permit No. NC0071943 EMC SOC WQ 96-15 Ad I Cleveland County Enclosed please find a Special Order by Consent amendment package which includes the signed SOC document, Regional Office SOC Checklist, and all appropriate attachments. Please advise if additional information or changes to the SOC are needed. Enclosures NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION COUNTY OF CLEVELAND IN THE MATTER OF ) NORTH CAROLINA ) SPECIAL ORDER BY CONSENT NPDES PERMIT ) EMC WQ NO. 96-15 Ad I NO. NCO071943 ) HELD BY THE TOWN ) OF BOILING SPRINGS ) 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 Boiling Springs, 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: The Town and the Commission hereby stipulate the following: (a) The Town holds North Carolina NPDES Permit No. NCO071943 for operation of an existing wastewater treatment works and for malting an outlet therefrom for. treated wastewater to Sandy Run Creek, Class C waters of this State in the Broad River Basin, but is unable to consistently comply with the final effluent limitations for Flow, Biochemical Oxygen Demand (BODO, andTotal Suspended Residue (TSR) as set forth in the NPDES Permit No. NCO071943 for Outfall 001. Compliance will require the Town to prepare plans and specifications for the construction of -additional treatment works, plus improvements and modifications to the existing wastewater treatment and collection system. (b) 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) The Town desires to cause or allow the discharge of 50,000 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) The Town has secured or will secure 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. SOC EMC WQ 96-15 Ad I 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, desiring to comply with the permit identified in paragraph 1(a) above, hereby agrees to do the following: (a) As settlement of all alleged violations of NPDES Permit No. NC0071943 prior to entering into this Special Order by Consent, the Town agrees to pay the North Carolina Department of Environment and Natural Resources the sum of $12,456.00 for violations of G.S. 143-21.5.1 and NPDES Permit No. NC0071943. The payment shall be submitted to the Director of the Division of Water Quality, Post Office Box 29535, Raleigh, North Carolina 27626-0535, within thirty (30) days of the signing 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. This settlement covers violations accruing subsequent to May, 1995. MET (b) Provide the Mooresville Regional Office of the North Carolina Division of Water Quality (DWQ), located at 919 North Main Street, Mooresville, NC 28115, with a list of all additions of flow under the Town's Special Order by Consent, and update this list each time flow is added to the system. (c) Undertake the following activities in accordance with the indicated time schedule: 1) Submit to the Mooresville Regional Office, located at 919 North Main Street, Mooresville, North Carolina 28115, monthly progress reports relative to activities identified in this paragraph below. The first report is due on May 15, 1998, with similar reports due the fifteenth (15) day of each subsequent month. MEETING 2) Submit plans and specifications for the new facility by December 31, 1996. MET 3) After receiving appropriate permits from the Division, begin construction of a 0.300 MGD wastewater treatment plant parallel to the existing facility by April 30, 1998. MET 4) Complete construction of parallel treatment units, complete repairs and modifications to the existing system, and complete inflow/infiltration work on the collection system (as outlined in the October 4, 1995 letter for fiscal year 1996-1997) by March 31, 1999. 5) Attain compliance with final effluent limitations by May 31, 1999. SOC EMC WQ 96-15 Ad I Page Three (d) The Town shall comply with all terms and conditions of the NPDES permit except those effluent limitations identified in paragraph l(a) above. See Attachment A"for all current monitoring requirements and effluent limitations. The Town may also be required to monitor for other parameters as deemed necessary by the Director in future permits or administrative letters. (e) During the time in which this Special Order by Consent is effective, the Town shall comply with interim effluent limitations as contained in Attachment A. Under this Special Order by Consent, ONLY the parameters listed below have been modified from the most current NPDES Permit currently in effect: Outfall Serial No. 001: Permit Limits Modified Limits Parameters Monthly Avg Weekly Ay-g Monthly Avg Weekly Avg Flow 0.300 MGD N/A 0.350 MGD N/A BOD5 30.0 mg/l 45.0 mg/1 40.0 mg/1 60.0 mg/1 TSR 30.0 mg/1 45.0 mg/1 5 0. 0 mg/1 65.0 mg/l 111 :l- el !. - -I -. • seep •� I • .I (g) 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). (h) Identify any infiltration and inflow problems associated with the facility and establish a program to correct. 3. The Town agrees that unless excused under paragraph 4, the Town will pay the Director of DWQ, by check payable to the North Carolina Department of Environment and Natural Resources, stipulated penalties according to the following schedule for failure to meet the deadlines set out in paragraphs 2(c) and 2(f), or failure to attain compliance with the effluent limitations/monitoring requirements contained in Attachments A: SOC EMC WQ 96-15 Ad I Page Four Failure to meet a schedule date Failure to maintain compliance with of any modified limit contained in the SOC Monitoring frequency violations $100/day for the first 7 days; $500/day thereafter $1000 per violation by this Order $100 per omitted value per parameter Failure to submit progress reports $50/day for the first 7 days; $250/day thereafter Failure to achieve compliance with $2000 final effluent limits at final compliance deadline 4. The Town and the Commission agree that the stipulated penalties are not due if the Town satisfies the DWQ 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 Town or if the act or omission occurs in connection with a contractual relationship with the Town; . d. An extraordinary event beyond the Town's control. Contractor delays or failure to obtain funding will not be considered as events beyond the Town's control; or 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 thirty 30 days has elapsed. 5. 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: 50,000 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 domestic strength may be accepted if the parameter(s) that exceed normal domestic strength wastewater are not SOC EMC WQ 96-15 Ad I Page Five 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. 6. 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. NC0071943. In the event of an NPDES permit modification or renewal, any effluent limitations 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(e) above. placed2(f) above and Attachment A, shall terminate paragral2h 5 of this Order and any connected until the necessal�� sewerage system ts have been completed a in operation. 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. 143-215.6C. • •- •.i• • • a• •• MMUTIM M.961re- • •� -� •- -,•- -� • •�•• MM 10. This Special Order by Consent shall expire on August 31, 1999. SOC EMC WQ 96-15 Ad I Page Six For the Town of Boiling Springs: �OW- IS 44 1V"i5 VA or Printed Name and Title of Signing Official rj_,� vt�,�Ilrjaa, a ' - Si ature of Sign r1g, 1 Offic ta Date 115-A-.q For the North Carolina Environmental Management Commission: Date Chair of the Commission ATTACHMENT A SOC EMC WQ NO. 96-15 Ad I NPDES PERMIT NO. NCO071943 EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS -Interim During the period beginning on the effective date of this Special Order and lasting until May 31, 1999, the Town is authorized to discharge from outfall serial number 001. Such discharge shall be limited and monitored by the Town as specified below: EFFLUENT CHARACTERISTICS- LIMITS MONITORING REQUIREMENTS Monthly Average Weekly Average Daily Maximum Measurement Frequency Sample Type Sample Location Flow 0.350 MGD Continuous Recorder I- or E BOD„5 Day, 20 ° C * 40 0 �nQit fOlano wkew omposite F 1 Total Suspended Residue ** 50.0 m�/1 65.0 m�/1 Weekly or osite Ed NH, 2/Month Composite E Fecal Coliform 200.0/100 iul 400.0/100 nil Weekly Grab E Total Residual Chlorine 2/Week Grab E Temperature, ° C Weekly Grab E Total Nitrogen (NO, + NO, + TKN) Semi -Annually Composite E Total Phosphorus Semi -Annually Composite E * Sample locations: E - Effluent, I - Influent ** The monthly average effluent BODS and Total Suspended Residue concentrations shall not exceed 15% of the respective influent value (85% removal). 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. The Permittee may also be required to monitor for other parameters as deemed necessary by the Director in future permits or Administrative Letters. Note: Parameters noted in bold underlined lettering above are the only parameters modified as part of this SOC. CHECKLIST TOWN OF BOILING SPRINGS NPDES- PERMIT NO. NC0071943 EMC WQ NO. 96-15 Ad I Facility and Address: Town of Boiling Springs P.O. Box 1014 Boiling Springs, North Carolina 28017 A. The Town of Boiling Springs (the Town) was unable to consistently comply with NPDES permit limitations for several parameters due to hydraulic overload of the treatment facility. Higher interim limits are in effect for Total Suspended Solids, Biochemical Oxygen Demand and Flow during the term of the SOC. B. The type of facility currently in operation is a 0.300 MGD Aero-Mod extended aeration activated sludge plant. Construction activities to expand the facility to 0.60 MGD are nearing completion. C. The facility discharges into Sandy Run Creek, which is a Class C water in the Broad River Basin. D. No downstream water quality impacts have been documented as a result of the violations. E. Instream assessment group was contacted and recommendations made. A copy of the report was previously submitted. F. Current MP screen is not attached. Since the SOC became effective on December 3, 1997 there has been one modified Flow monthly average (1/98)'and one TSR weekly average (11/98) limits violations. G. 1. The facility was last inspected on November 3, 1998 (see attached CEI). 2. In-depth standard operating procedures for the wastewater treatment plant and lift stations have been implemented as well as I/I corrective action. Cationic polymer (Percol 787) is fed to enhance solids settling. 4. Facility appears to be properly wasting sludge. The Town of Boiling Springs also has a land application site in Cleveland County. (Non -discharge permit: WQ0006827). The Town has been negotiating with the City of Shelby to accept sludge from the Boiling Springs WWTP after the non -discharge permit expires (March 31, 1998). SOC Checklist Page Two 5. I/I is considered by the permittee to be the major problem at this facility. Smoke testing and inspections of the WWTP's collection system have been performed and rehabilitation work has commenced. H. A Municipal Compliance Initiatives Program Performance Evaluation was conducted by the Division's Construction Grants and Loans Section. The final draft (fourth revision) of the 201 Facilities Plan, which includes an evaluation of the current system was submitted on July 30, 1997. It was determined that the existing plant was usually able to comply with the NPDES limitations if the hydraulic load did not exceed a certain threshold. Exceedance of the hydraulic capacity is believed to be due to the growth of the student population at Gardner -Webb University and problem areas in the collection system allowing inflow and infiltration. I. The SOC interim effluent limitation for flow is based upon population growth expected during the term of the SOC. The SOC interim effluent limitations for total suspended solids and biochemical oxygen demand were derived from historical data obtained from DMR's submitted by the Town, and through negotiations with the Town. J. The SOC compliance schedule is based on dates submitted by the Town and subsequent negotiations with the Town and DWQ staff. The Town initially did not have funds readily available for the plant expansion, but secured funding for the project after the SOC application was submitted. K. The Town plans to construct a 0.300 MGD package plant parallel to. the existing Aero- Mod wastewater treatment plant, make repairs to the existing Aero-Mod unit, and complete inflow/infiltration work on the collection system. L. An up -front penalty settlement of $12,456.00 dollars was agreed to for violations that accrued since May 1995. Payment was received on October 7, 1997. M. Current monitoring is per current NPDES Permit. N. Effluent toxicity is not an issue. O. Pretreatment is not an issue. P. The Permit is not under adjudication. Q. Funding for the project was received from the Construction Grants and Loans Section. R. The Town adopted a Resolution to secure the required funding. SOC Checklist Page Three S. Whether a schedule date has been met is noted on the SOC. T. The SOC has been reformatted and rewritten to be consistent with SOC manual guidelines. Paragraph 2 is now paragraph 2(a). Paragraph 3(a) through 3(g) is now paragraph 2(b) through 2(h), with 3(c) becoming a part of 2(c), and I/I activities (2(h) being added. Paragraph 7 was added to stop the addition of flow provided for in paragraph 5 should the terms of the SOC be violated. U. Special considerations involved in the issuance of this SOC include the Town's negligence in regulating Gardner -Webb University's (GWU) discharge, which is the Town's largest sewer customer, and to appropriately plan for expansion to accommodate student population growth. The facility apparently is able to maintain compliance with final permit limits during the summer months. The increased flows experienced when GWU classes are in session contribute to non-compliance by hydraulically overloading the wastewater treatment plant. Also water quality effluent data prior to September 1995 is suspect due to discrepancies revealed between laboratory data reported by the Town and the results from State laboratory analyses. A Show -Cause Meeting was set up with the Town's wastewater treatment plant operator; however, prior to the meeting, the Operator in Responsible Charge voluntarily relinquished his wastewater operator's certificate. Apparent improper operation and maintenance of the facility prior to September 1995 and the hydraulic overload from the university and inflow/infiltration have resulted in the need for the Town to expand and repair its current facilities. V. This Office recommends that the SOC amendment be approved as requested. Preparer's Signature: Water Quality Supervisor's Signature: Date: Charles Wiesner `� " 099 Town of Boiling Springs PO Box 1014 .a i ,Y . -17, i , Boiling Springs, NC 28017 2/14/99 Subject: Notice of Violation Town of Boiling Springs EMCSOC WQ 96-15 NPDES Permit No. NC0071943 Cleveland County D. Rex Gleason NCDENR 919 North Main Street Moorsville, NC 28115 Dear Mr. Gleason: This letter is in reference to the TSR effluent violation on 11/19/98 which exceeded the SOC limit. ,Inflow and Infiltration, .(I&I) was the major factor contributing to this violation. 1.3" of rainfall was recorded at the WWTP during this test week..8" occurred 11/15/98 with and additional .5" on 11/17/98. The rainfall added to and already hydraulically overloaded plant. During the test week the lowest daily flow was .260 MGD with the highest being .316 MGD. The Town has addressed the I&I problems by cleaning and video taping sewer lines. A problem area,has been identified and the Engineering firm West and Associates is working on the rep,Ocement of this line. The Town will seek a grant to fund the replacement of this sewer line. If you have any questions concerning this letter, please call me at the WWTP 704-434-5600. Respectfully submitted, Charles Wiesner ORC cc: Rick Howell Town Administrator Joey Gantt . Public Works Director Town of. Boiling Springs P.O. BOX 1014 BOILING SPRINGS, N.C. 28017 704-434-2357 COMMISSIONERS ROBERT B. HAMRICK, MAYOR PRO-TEM CLINE HAMRICK WILLIAM K. ELLIOTT BILL ELLIS ALBERT GLENN February 12, 1999 Mr. D. Rex Gleason, P.E. Regional Supervisor DEHNR - DWQ 919 North Main Street Mooresville, NC 28115 Dear Mr. Gleason: . Re: Town of Boiling Springs EMC SOC WQ 96-15 Cleveland County, NC MAX HAMRICK Mayor RICK HOWELL Town Administrator MARGRETTA McKEE Clerk Please find enclosed one original copy of the executed Special Order By Consent amendment as referenced above. This amendment was approved.by the Town.Board of Commissioners at its regular meeting held Tuesday, February 2, 1999. While the Town is pleased with the overall operational improvement and general high quality of effluent being discharged we prefer, at this time, to leave the SOC in effect. This decision involves planned outfall replacement to the Lyman Street Lift Station to reduce substantial I/1 now being handled by the plant. The Town has made application for 1998 Clean Water Bond monies to assist with this project. We are also continuing with development.of an overall comprehensive operations plan for both the collection and treatment systems. Once in place this will enable the Town to operate its systems both short and long term in an efficient and cost effective manner. However, should improvement and high quality effluent discharge continue the Town will consider requesting that the SOC be rescinded. If you have questions or if I can be of any; assistance please feel free to contact me. Si cer1, owe r. cc: Mr. Benji Thomas, West and Associates, P.A. Mr. Joey Gantt, DPW Mr. Charles Weisner, ORC Town of Boiling Springs P.O. BOX 1014 BOILING SPRINGS; N.C. 28017 704-434-2357 COMMISSIONERS ROBERT B. HAMRICK, MAYOR PRO-TEM CLINE HAMRICK WILLIAM K. ELLIOTT BILL ELLIS ALBERT GLENN February 11, 1999 Mr. D. Rex Gleason, P.E. DWQ - Regional Supervisor 919 North Main Street Mooresville, NC 28115 Dear -Mr. Gleason: MAX HAMRICK Mayor S RICK HOWELL Administrator MARGR McKEE CT fk E i r Re: SOC Progress Report due 2/15/98 EMC SOC WQ 96-15 Town of Boiling Springs Cleveland County As required in Section 3 (c) of the above referenced document I am submitting the monthly progress, report:. The -following wtivities have taken place toward meeting the applicable dates in Section 3 (b) of the SOC. Week of January 18, 1999 Flow from existing plant diverted to new aeration basin. -Piping work continued. Week of January 25, 1999 Flow meter installed and calibrated. Work began on conversion of existing plant including sludge digester and aeration basin. Week of February 1, 1999 Site cleanup begun. Final pipe work begun. Conversion in aeration basin continued. Diffuser replacement and clarifier dismantling in existing plant begun. (By Town) Eastern clarifier brought on line. Week of February 8, 1999 Diffuser replacement and clarifier work complete. (By Town) complete. Existing aeration basin work complete. It,is expected that Hickory Construction will complete all work within 3-4. weeks. The Town is pleased with the progress being made on this project and anticipates meeting all applicable dates and terms of the amended SOC. Once the existing plant has been returned to functional operation the Town will consider requesting that the SOC be rescinded. This will be done working closely with the staff at the Mooresville Regional Office. PV Page 2 - EMC SOC WQ 96-15 Progress Report February 11, 1999 Yau -1 have Hated that the Town has reported wastewater spills at its Lyman Street Lift Station over the past 3 months. We continue to diligently work at correcting this situation. The Town has replaced an existing 25 hp pump with 30 hp piunp and will do the same with the second pump in July 1999. The Town has also authorized West and Associates to draws plans and specifications for replacing 7,5001f of the Lyman Street outfall line which was videotaped this fall. A grant application for this project will be filed in February. The Town is now more aware than ever that it must address past problems and aggressively maintain its existing system in order to minimize future wastewater problems. We will continue to work at making improvements and effectively communicating these problems to the MRO. I trust the information contained in this progress report is sufficient in meeting the terms of the SOC. Your assistance has been appreciated throughout this process. If you have questions or comments please feel free to contact me. Sin ely, chard H 1, Jr. own Administrator cc: Mayor Max J. Hamrick Board of Commissioners Chester West, West and Associates, PA 41� NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES MOORESVILLE REGIONAL OFFICE DIVISION OF WATER QUALITY February 2, 1999 Mr. Rick Howell, Town Manager Town of Boiling Springs P.O. Box 1014 Boiling Springs, NC 28017 Subject: Notice of Violation Town of Boiling Springs EMC SOC WQ 96-15 NPDES Permit No. NCO071943 Cleveland County Dear Mr. Howell: This letter is to inform you that a review of the Town's self -monitoring report for the month of November, 1998 indicates a violation of the Special Order by Consent (SOC) modified effluent limits for Total Suspended Residue (TSR) as follows: Reported Limit Pipes Parameter Value/Unit Value/Unit/Type 001 TSR 67 mg/1 65.0 mg/1 / SOC You are directed to take whatever remedial actions are necessary to correct the problem. The Special Order by Consent contains a stipulated penalty of $1,000.00 for each violation of interim effluent limitations. Paragraph 5 of the Special Order by Consent states in part that the stipulated penalties are not due if the Town satisfies the Division that noncompliance was caused by events or circumstances beyond the Town's control. 919 NORTH MAIN STREET, MOORESVILLE, NORTH CAROLINA 28115 PHONE 704-663-1699 FAX 704-663-6040 AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER I Mr. Rick Howell Town of Boiling Springs Page Two February 2, 1999 If you have justification that the violation was caused by events or circumstances beyond the Town's control, you must reply in writing to the Mooresville Regional Office within ten (10) days after receipt of this Notice. Your justification will be reviewed and a recommendation forwarded to the Director for his consideration. In the absence of such justification, this Office shall proceed with a recommendation that the Director demand payment of the stipulated penalty as included in the Special Order by Consent. If you have any questions concerning this matter, please contact me at the letterhead address or 704/663-1699. HAW P W IN\DOC\LETTER\B OILSPG.NO V Sincerely, D. Rex Gleason, P.E. Water Quality Regional Supervisor / NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES MOORESVILLE REGIONAL OFFICE DIVISION OF WATER QUALITY February 1, 1999 Mr. Rick Howell, City Manager Town of Boiling Springs P.O. Box 1014 Boiling Springs, North Carolina 28017 Subject: Special Order by Consent Town of Boiling Springs NPDES Permit No. NCO071943 EMC WQ 96-15 Ad I Cleveland County Dear Mr. Howell: Pursuant to your amendment request, enclosed please find a copy of an updated Special Order by Consent (SOC). The SOC has been modified to be consistent with the current shell. Also, at the request of Point Source Compliance/Enforcement Unit review staff, the final limitations for Fecal Coliform have been reinstated. The compliance schedule dates have been changed according to your request. Although the facility has experienced some recent noncompliance, based on the degree of completion of scheduled SOC activities and the general high quality effluent being discharged, there may be adequate justification for you to ask that the SOC be rescinded; that is your decision to make. If your decision is otherwise, and if you are satisfied with 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 the Division for final approval. Should you have questions or require assistance, please do not hesitate to contact either Richard Bridgeman or me at 704/663-1699. Enclosure Sincerely, D. Rex Gleason, P. E. Water Quality Regional Supervisor 919 NORTH MAIN STREET, MOORESVILLE, NORTH CAROLINA 2811S PHONE 704-663-1699 FAX 704-663-6040 AN EQUAL OPPORTUNITY/ AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION COUNTY OF CLEVELAND IN THE MATTER OF ) NORTH CAROLINA ) SPECIAL ORDER BY CONSENT NPDES PERMIT ) EMC WQ NO. 96-15 Ad I NO. NC0071943 ) HELD BY THE TOWN ) OF BOILING SPRINGS ) 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 Boiling Springs, 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) The Town holds North Carolina NPDES Permit No. NC0071943 for operation of an existing wastewater treatment works and for making an outlet therefrom for treated wastewater to Sandy Run Creek, Class C waters of this State in the Broad River Basin, but is unable to consistently comply with the final effluent limitations for Flow, Biochemical Oxygen Demand (BODS), andTotal Suspended Residue (TSR) as set forth in the NPDES Permit No. NC0071943 for Outfall 001. Compliance will require the Town to prepare plans and specifications for the construction of additional treatment works, plus improvements and modifications to the existing wastewater treatment and collection system. (b) 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) The Town desires to cause or allow the discharge of 50,000 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) The Town has secured or will secure 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. F SOC EMC WQ 96-15 Ad I 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, desiring to comply with the permit identified in paragraph 1(a) above, hereby agrees to do the following: (a) As settlement of all alleged violations of NPDES Permit No. NCO071943 prior to entering into this Special Order by Consent, the Town agrees to pay the North Carolina Department of Environment and Natural Resources the sum of $12,456.00 for violations of G.S. 143-215.1 and NPDES Permit No. NC0071943. The payment shall be submitted to the Director of the Division of Water Quality, Post Office Box 29535, Raleigh, North Carolina 27626-0535, within thirty (30) days of the signing 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. This settlement covers violations accruing subsequent to May, 1995. MET (b) Provide the Mooresville Regional Office of the North Carolina Division of Water Quality (DWQ), located at 919 North Main Street, Mooresville, NC 28115, with a list of all additions of flow under the Town's Special Order by Consent, and update this list each time flow is added to the system. (c) Undertake the following activities in accordance with the indicated time schedule: 1) Submit to the Mooresville Regional Office, located at 919 North Main Street, Mooresville, North Carolina 28115, monthly progress reports relative to activities identified in this paragraph below. The first report is due on May 15, 1998, with similar reports due the fifteenth (15) day of each subsequent month. MEETING 2) Submit plans and specifications for the new facility by December 31, 1996. MET 3) After receiving appropriate permits from the Division, begin construction of a 0.300 MGD wastewater treatment plant parallel to the existing facility by April 30, 1998. MET 4) Complete construction of parallel treatment units, complete repairs and modifications to the existing system, and complete inflow/infiltration work on the collection system (as outlined in the October 4, 1995 letter for fiscal year 1996-1997) by March 31, 1999. 5) Attain compliance with final effluent limitations by May 31, 1999. r SOC EMC WQ 96-15 Ad I Page Three (d) The Town shall comply with all terms and conditions of the NPDES permit except those effluent limitations identified in paragraph l(a) above. See Attachment A for all current monitoring requirements and effluent limitations. The Town may also be required to monitor for other parameters as deemed necessary by the Director in future permits or administrative letters. (e) During the time in which this Special Order by Consent is effective, the Town shall comply with interim effluent limitations as contained in Attachment A. Under this Special Order by Consent, ONLY the parameters listed below have been modified from the most current NPDES Permit currently in effect: Outfall Serial No. 001: Permit Limits Parameters Monthly Avg Weekly Avg Flow 0.300 MGD N/A BOD5 3 0. 0 mg/1 45.0 mg/1 TSR 30.0 mg/l 45.0 mg/1 a oil logo', Modified Limits Monthly Avg Weekly Avg 0.350 MGD N/A 40.0 mg/1 60.0 mg/1 50.0 mg/l 65.0 mg/1 (g) 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). (h) Identify any infiltration and inflow problems associated with the facility and establish a program to correct. 3. The Town agrees that unless excused under paragraph 4, the Town will pay the Director of DWQ, by check payable to the North Carolina Department of Environment and Natural Resources, stipulated penalties according to the following schedule for failure to meet the deadlines set out in paragraphs 2(c) and 2(f), or failure to attain compliance with the effluent limitations/monitoring requirements contained in Attachments A: r SOC EMC WQ 96-15 Ad I Page Four Failure to meet a schedule date Failure to maintain compliance with of any modified limit contained in the SOC Monitoring frequency violations $100/day for the first 7 days; $500/day thereafter $1000 per violation by this Order $100 per omitted value per parameter Failure to submit progress reports $50/day for the first 7 days; $250/day thereafter Failure to achieve compliance with $2000 final effluent limits at final compliance deadline 4. The Town and the Commission agree that the stipulated penalties are not due if the Town satisfies the DWQ 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 Town or if the act or omission occurs in connection with a contractual relationship with the Town; . d. An extraordinary event beyond the Town's control. Contractor delays or failure to obtain funding will not be considered as events beyond the Town'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. 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. 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: 50,000 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 domestic strength may be accepted if the parameter(s) that exceed normal domestic strength wastewater are not F SOC EMC WQ 96-15 Ad I Page Five 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. 6. 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. NC0071943. In the event of an NPDES permit modification or renewal, any effluent limitations 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(e) above. 7. Any • •• of -rmof •- Order by •n-nincluding paragraphs and above and Attachmenth, 'ru is - paraUaph 5 of • d- and -any connected until the necessaiz� sewerage system improv ments have been completed and placed in operation, 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. 143-215.6C. 10. This Special Order by Consent shall expire on August 31, 1999. SOC EMC WQ 96-15 Ad I Page Six For the Town of Boiling Springs: Printed Name and Title of Signing Official Date Signature of Signing Official For the North Carolina Environmental Management Commission: Date Chair of the Commission ATTACHMENT A SOC EMC WQ NO. 96-15 Ad I EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS -Interim 'Nil NPDES PERMIT NO. NCO071943 During the period beginning on the effective date of this Special Order and lasting until May 31, 1999, the Town is authorized to discharge from outfall serial number 001. Such discharge shall be limited and monitored by the Town as specified below: EFFLUENT CHARACTERISTICS Flow LIMITS MONITORING REQUIREMENTS Monthly Average 0,350 MGD Weekly Average Daily Maximum Measurement Frequency Continuous Sample Type Recorder Sample Location I or E BOD, 5 Day, 20 ° C ** 40.0 mgJl 60.0 mgLl Weekly com op site E J Total Suspended Residue ** 50.0 melime/1 65.0—mg/1 fly C-Mlloslt? F4J NH 3 2/Month Composite E Fecal Coliform 200.0/100 ml 400.0/100 ml Weekly Grab E Total Residual Chlorine 2/Week Grab E Temperature, ° C Weekly Grab E Total Nitrogen (NO, + NO, + TKN) Semi -Annually Composite E Total Phosphorus Semi -Annually Composite E * Sample locations: E - Effluent, I - Influent ** The monthly average effluent BODS and Total Suspended Residue concentrations shall not exceed 15% of the respective influent value (85% removal). 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. The Permittee may also be required to monitor for other parameters as deemed necessary by the Director in future permits or Administrative Letters. Note: Parameters noted in bold underlined lettering above are the only parameters modified as part of this SOC. DIVISION OF WATER QUALITY January 5, 1999 MEMORANDUM TO: Susan Wilson C, FROM: D. Rex Gleason PREPARED BY: Richard Bridgeman ► \I'v, SUBJECT: Special Order by Consent Amendment Town of Boiling Springs NPDES Permit No. NC0071943 EMC SOC WQ 96-15 Ad I Cleveland County Enclosed for your review prior to forwarding to the Town, please find a Special Order by Consent amendment package which includes the SOC document, Regional Office SOC Checklist, and all appropriate attachments. As instructed in Marcia Lieber's memo which enclosed the SOC amendment application, the SOC has been updated using the SOC manual as a guide. Please advise if additional information or changes to the SOC are needed. Enclosures NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION COUNTY OF CLEVELAND IN THE MATTER OF ) NORTH CAROLINA ) SPECIAL ORDER BY CONSENT NPDES PERMIT ) EMC WQ NO. 96-15 Ad I NO. NC0071943 ) HELD BY THE TOWN ) OF BOILING SPRINGS ) 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 Boiling Springs, 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) The Town holds North Carolina NPDES Permit No. NC0071943 for operation of an existing wastewater treatment works and for making an outlet therefi om for treated wastewater to Sandy Run Creek, Class C waters of this State in the Broad River Basin, but is unable to consistently comply with the final effluent limitations for Flow, Biochemical Oxygen Demand (BODS), Total Suspended Residue (TSR), and Fecal Colifonn as set forth in the NPDES Permit No. NC0071943 for Outfall 001. Compliance will require the Town to prepare plans and specifications for the construction of additional treatment works, plus improvements and modifications to the existing wastewater treatment and collection system. (b) 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) The Town desires to cause or allow the discharge of 50,000 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) The Town has secured or will secure 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. SOC EMC WQ 96-15 Ad I 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, desiring to comply with the permit identified in paragraph 1(a) above, hereby agrees to do the following: (a) As settlement of all alleged violations of NPDES Permit No. NC0071943 prior to entering into this Special Order by Consent, the Town agrees to pay the North Carolina Department of Environment and Natural Resources the sum of $12,456.00 for violations of G.S. 143-215.1 and NPDES Permit No. NC0071943. The payment shall be submitted to the Director of the Division of Water Quality, Post Office Box 29535, Raleigh, North Carolina 27626-0535, within thirty (30) days of the signing 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. This settlement covers violations accruing subsequent to May, 1995. MET (b) Provide the Mooresville Regional Office of the North Carolina Division of Water Quality (DWQ), located at 919 North Main Street, Mooresville, NC 28115, with a list of all additions of flow under the Town's Special Order by Consent, and update this list each time flow is added to the system. (c) Undertake the following activities in accordance with the indicated time schedule: 1) Submit to the Mooresville Regional Office, located at 919 North Main Street, Mooresville, North Carolina 28115, monthly progress reports relative to activities identified in this paragraph below. The first report is due on May 15, 1998, with similar reports due the fifteenth (15) day of each subsequent month. MEETING 2) Submit plans and specifications for the new facility by December 31, 1996. MET 3) After receiving appropriate permits from the Division, begin construction of a 0.300 MGD wastewater treatment plant parallel to the existing facility by April 30, 1998. MET 4) Complete construction of parallel treatment units, complete repairs and modifications to the existing system, and complete inflow/infiltration work on the collection system (as outlined in the October 4, 1995 letter for fiscal year 1996-1997) by March 31, 1999. 5) Attain compliance with final effluent limitations by May 31, 1999. SOC EMC WQ 96-15 Ad I Page Three (d) The Town shall comply with all terms and conditions of the NPDES permit except those effluent limitations identified in paragraph l(a) above. See Attachment A 'for all current monitoring requirements and effluent limitations. The Town may also be required to monitor for other parameters as deemed - necessary by the Director in future permits or administrative letters. (e) ' During the time in which this Special Order by Consent is effective, the Town shall comply with interim effluent limitations as contained in Attachment A. Under this Special Order by Consent, ONLY the parameters listed below have been modified from the most current NPDES Permit currently in effect: Outfall Serial No. 001: Permit Limits Modified Limits Parameters Monthlv Avg Weekly AY-g Monthly Avg WeeklyA-vo, Flow 0.300 i • • • • • • • • • No later than 14 calendart! after any date identified for accomplishmentof !1 activity listed in 2(c) above, submit to ihe Director of the North Carolina Division of ! • . ! • written notice of • 11 • ! 1 or noncomplianc therewith, 1 the case • 1 • 1 • 11 • ! 1 the no�ice shallinclude ' 11 ' 1 of listedthe reason(s) for noncompliance, remedial action(s) taken, and a statement identifyin,- the extent to which subsequent dates or times for accomplishment of activities may be affected. (g) 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). (h) Identify any infiltration and inflow problems associated with the facility and establish a program to correct. 3. The Town agrees that unless excused under paragraph 4, the Town will pay the Director of DWQ, by check payable to the North Carolina Department of Environment and Natural Resources, stipulated penalties according to the following schedule for failure to meet the deadlines set out in paragraphs 2(c) and 2(f), or failure to attain compliance with the effluent limitations/monitoring requirements contained in Attachments A: SOC EMC WQ 96-15 Ad I Page Four Failure to meet a schedule date Failure to maintain compliance with of any modified limit contained in the SOC Monitoring frequency violations $100/day for the first 7 days; $500/day thereafter $1000 per violation by this Order $100 per omitted value per parameter Failure to submit progress reports $50/day for the first 7 days; $250/day thereafter Failure to achieve compliance with $2000 final effluent limits at final compliance deadline 4. The Town and the Commission agree that the stipulated penalties are not due if the Town satisfies the DWQ 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 Town or if the act or omission occurs in connection with a contractual relationship with the Town; d. An extraordinary event beyond the Town's control. Contractor delays or failure to obtain funding will not be considered as events beyond the Town's control; or C. 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 thirty 30 days has elapsed. 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: 150,000 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 domestic strength may be accepted if the parameter(s) that exceed normal domestic strength wastewater are not SOC EMC WQ 96-15 Ad I Page Five those for which interim limitations have been developed and it can be demonstrated to the satisfaction of the Director that thre 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. 6. This Special Order by Consent and any tenns, 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 Pennit No. NC0071943. In the event of an NPDES permit modification or renewal, any effluent limitations 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(e) above. PRO 1 1110 !111111.11 0- Mim 8. 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. 143-215.6C. 10. This Special Order by Consent shall expire on August 31, 1999. SOC EMC WQ 96-15 Ad I Page Six For the Town of Boiling Springs: Printed Name and Title of Signing Official Date Signature of Signing Official For the North Carolina Environmental Management Commission: Date Chair of the Commission ATTACHMENT A SOC EMC WQ NO. 96-15 Ad I NPDES PERMIT NO. NCO071943 EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS -Interim During the period beginning on the effective date of this Special Order and lasting until May 31, 1999, the Town is authorized to discharge from outfall serial number 001. Such discharge shall be limited and monitored by the Town as specified below: EFFLUENT CHARACTERISTICS LIMITS MONITORING REQUIREMENTS Monthly Average Weekly Average Daily Maximum Measurement Frequency Sample Type Sample Location Flow 0.350 MGD Con_tl Mam Recor Lox I or E BOD,_5 Day, 20 ° C ** 44 4falgL1 0 0 ),gli Weekly C2mRol-llite }ice Total Suspended Residue mgLl Weekly Campsite E-J NH3 2/Month Composite E Fecal Coliform (geometric mean) Monitoring Only Weekly Grab 1F Total Residual Chlorine 2/Week Grab E Temperature, ° C Weekly Grab E Total Nitrogen (NOZ + NO, + TKN) Semi -Annually Composite E Total Phosphorus Semi -Annually Composite E * Sample locations: E - Effluent, I - Influent ** The monthly average effluent BODS and Total Suspended Residue concentrations shall not exceed 15% of the respective influent value (85% removal). 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. The Permittee may also be required to monitor for other parameters as deemed necessary by the Director in future permits or Administrative Letters. Note: Parameters noted in bold underlined lettering above are the gift parameters modified as part of this SOC. SPECIAL ORDER BY CONSENT CHECKLIST TOWN OF BOILING SPRINGS NPDES PERMIT NO. NCO071943 EMC WQ NO. 96-15 Ad I Facility and Address: Town of Boiling Springs P.O. Box 1014 Boiling Springs, North Carolina 28017 A. The Town of Boiling Springs (the Town) was unable to consistently comply with NPDES permit limitations for several parameters due to hydraulic overload of the treatment facility. Higher interim limits are in effect for Total Suspended Solids, Biochemical Oxygen Demand and Flow during the term of the SOC. B. The type of facility currently in operation is a 0.300 MGD Aero-Mod extended aeration activated sludge plant. Construction activities to expand the facility to 0.60 MGD are .nearing completion. C. The facility discharges into Sandy Run Creek, which is a Class C water in the Broad River Basin. D. No downstream water quality impacts have been documented as a result of the violations. E. Instream assessment group was contacted and recommendations made. A copy of the report was previously submitted. F. Current MP screen is not attached. Since the SOC became effective on December 3, 1997 there has been one modified Flow monthly average (1/98) and one TSR weekly average (11/98) limits violations. G. 1. The facility was last inspected on November 3, 1998 (see attached CEI). 2. In-depth standard operating procedures for the wastewater treatment plant and lift stations have been implemented as well as I/I corrective action. 3. Cationic polymer (Percol 787) is fed to enhance solids settling. 4. Facility appears to be properly wasting sludge. The Town of Boiling Springs also has a land application site in Cleveland County. (Non -discharge permit: WQ0006827). The Town has been negotiating with the City of Shelby to accept sludge from the Boiling Springs WWTP after the non -discharge permit expires (March 31, 1998). SOC Checklist Page Two 5. I/I is considered by the permittee to be the major problem at this facility. Smoke testing and inspections of the WWTP's collection system have been performed and rehabilitation work has commenced. H. A Municipal Compliance Initiatives Program Performance Evaluation was conducted by the Division's Construction Grants and Loans Section. The final draft (fourth revision) of the 201 Facilities Plan, which includes an evaluation of the current system was submitted on July 30, 1997. It was determined that the existing plant was usually able to comply with the NPDES limitations if the hydraulic load did not exceed a certain threshold. Exceedance of the hydraulic capacity is believed to be due to the growth of the student population at Gardner -Webb University and problem areas in the collection system allowing inflow and infiltration. I. The SOC interim effluent limitation for flow is based upon population growth expected during the term of the SOC. The SOC interim effluent limitations for total suspended solids and biochemical oxygen demand were derived from historical data obtained from DMR's submitted by the Town, and through negotiations with the Town. The SOC compliance schedule is based on dates submitted by the Town and subsequent negotiations with the Town and DWQ staff. The Town initially did not have funds readily available for the plant expansion, but secured funding for the project after the SOC application was submitted. K. The Town plans to construct a 0.300 MGD package plant parallel to the existing Aero- Mod wastewater treatment plant, make repairs to the existing Aero-Mod unit, and complete inflow/infiltration work on the collection system. L. An up -front penalty settlement of S 12,456.00 dollars was agreed to for violations that accrued since May 1995. Payment was received on October 7, 1997. M. Current monitoring is per current NPDES Permit. N. Effluent toxicity is not an issue. O. Pretreatment is not an issue. P. The Permit is not under adjudication. Q. Funding for the project was received from the Construction Grants and Loans Section. R. The Town adopted a Resolution to secure the required funding. SOC Checklist Page Three S. Whether a schedule date has been -met is noted on the SOC. T. The SOC has been reformatted and rewritten to be consistent with SOC manual guidelines. Paragraph 2 is now paragraph 2(a). Paragraph 3(a) through 3(g) is now paragraph 2(b) through 2(h), with 3(c) becoming a part of 2(c), and I/I activities (2(h) being added. Paragraph 7 was added to stop the addition of flow provided for in paragraph 5 should the terms of the SOC be violated. U. Special considerations involved in the issuance of this SOC include the Town's negligence in regulating Gardner -Webb University's (GWU) discharge, which is the Town's largest sewer customer, and to appropriately plan for expansion to accommodate student population growth. The facility apparently is able to maintain compliance with final permit limits during the summer months. The increased flows experienced when GWU classes are in session contribute to non-compliance by hydraulically overloading the wastewater treatment plant. Also water quality effluent data prior to September 1995 is suspect due to discrepancies revealed between laboratory data reported by the Town and the results from State laboratory analyses. A Show -Cause Meeting was set up with the Town's wastewater treatment plant operator; however, prior to the meeting, the Operator in Responsible Charge voluntarily relinquished his wastewater operator's certificate. Apparent improper operation and maintenance of the facility prior to September 1995 and the hydraulic overload from the university and inflow/infiltration have resulted in the need for the Town to expand and repair its current facilities. V. This Office recommends that the SOC amendment be approved as requested. Preparer's Signature: Date: Water Quality Supervisor's Signature: Date: J'1% D ' r NORTH CAROLINA DEPARTMENT OF �r ENVIRONMENT AND NATURAL RESOURCES MOOP.ESVILLE RSGIONAL OFFICE NCDENR - JAMES S. HUNTJR. GOVERNOR DIVISION OF -A'ATER QU_4LITY November 13,1998 'WAYNE MCIJEVITT SECRETARY . Mr. Rick Howell, Town Manager Touch of Boiling Springs Post Office Box 1014 Boiling Springs, North Carolina 28017 Subject: Compliance Evaluation Inspection Town of Boiling Springs VFWTP NPDES Permit No. NC0071943 Cleveland County, NC Dear Mir. Howell: Enclosed is a copy of the Compliance Evaluation Inspection Report for the inspection conducted at the subject facility on November 3, 1998 by Ms. Linda Love of this Office. Please inform the facility's Operator -in -Responsible Charge of our findings by forwarding a copy of the enclosed report. The report should be self-explanatory; however, should you have any questions concerning this report, please do not hesitate to contact Ms. Love or me at (704) 663-1699. Sincerely, J D. Rex Gleason, P.E. Water Quality Regional Supervisor _ --- cc: Cleveland County Health Department - = Melinda Greene, EPA LL 919 NORTH MAIN STREET, MOORESVILLE, NORTH CAROLINA 26115 PHONE 704-663-1 699 FAX 704-663-6040 "' `r' AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - SO% RECYCLED/I Oro POST -CONSUMER PAPER „rtFo�„s US Environmental Protection Remy V1as'nina-tor., D.C.. 20460 Form Approved OMB Nc 2040-000— Apprrva) lNTDES Compliance Inspection Report r EXDII'eG i' NC Division of Water Quality- / MooresviIle Regional Office. HC®ERK 1-i)-�� h�Ll Section A: rational Data System Coding Transaction Code NPDES No. Yr/Mo/Day Inspection Type Inspector Faciliry Tv e N 6 NCO071943 98-11-3 C S 1 Remarks: Reserved Facility Evaluation. Rating BI QA ..........Reserved........... 4 1\T 7\T Section E- Facility Data Name and Location of Facility Inspected: Entry Time: Permit Effective Date: Town of Boiling Springs 9:40 am 3-1-95 2556 Rockford Road Cleveland County, North Carolina Exit Time/Date: Permit Expiration Date: 10:35 am 12-31-98 Name(s) of On -Site Representative(s) Title(s) Phone No(s): Mr. Charles Wiesner/ORC/704-4_- 5600 Mr. 3oev Gantt/Pi blic Wofhs Director Name and Address of Responsible Official: I Title: Town Manager Mr. Rich Howell To -Am of Boiling Springs Post Office Box 1014 Phone No: 704434-2357 Contacted? Boiling Springs, North Carolina 28017 No Sectior.:C: Areas Evaluated During:Inspection:(S-Satisfacton,..N-Marginal, :U.-Unsatisfactory, ] :Not Evaluated,'NA=Not.Applicable) S Permit S Flow Measurement NA Pretreatment S Operations & Maintenance S Records/Reports N Laboratory S Compliance Schedules S Sludge Disposal S Facility Site Review S Effluent/Receiving Waters S Sel` Monitoring Prouram NA Other: -, Section:D:`Summaryof:Findings/Comments ;. See Attached Sheet(s) for Sunman% rame(s) and Signatures) of Inspectors: Agency/Office/Telephone No: Date: Nov. Ling L. Love NCDWQ/MOORES-\7II.LLE/(704)663-1699 4, L 98 Date: Signature of Reviewer: Agency/Office: Date: ReuWatory'OffiCe, [ise.Only w.Action Taken: Date: _ Noncompliance _ Compliance EPA Form 3560-3 (Rev. 3-85) Previous editions are obsolete TOWN OF BOILING SPRINGS WWTP NCO071943 Page 2 The facility was last inspected by Ms. Patricia Beam of this office on October 13,1997. PERMIT The permit for this facility became effective 3/l/95 and expires at midnight on 12/31/98. A request for permit renewal has been submitted. The facility is currently operating under a Special Order by Consent (SOC) WQ 96-15 that expires on June 30,1999. The SOC contains limit modifications for Flow, BODS TSR, and Fecal Coli.form. Construction will be completed of parallel treatment units, repairs and modifications will be completed to the existing system, and inflow/infiltration work on the collection system will be completed by January 1,1999.. Compliance will be attained with final effluent limitations by March 1,1999. Rating: Satisfactory FACILITY SITE REVIEW The existing facility is a 0.30 MGD wastewater treatment system. It is located on Rockford Road in Boiling Springs, Cleveland County. This facility consists of the following: -manual bar screen -grit chamber -extended aeration basin -dual clarifiers -aerobic sludge digesters -chlorine contact tank with zas chlorination -instrumented flow measurement The effluent from the facility is discharged into Sandy Run Creek which a Class C water in the Broad River Basin. Rating: Satisfactory Adequate documentation is maintained for operations, maintenance, process control, laboratory reports, monthly monitoring reports, chain of custody forms, flow chart strip recordings and flow meter calibrations. The Operator in Responsible Charge (ORC) maintains a daily operator's log as required by NCAC T15A .0202(b)(5)(B). Rating: Satisfactory TOWN OF BOILING SPRINGS W"WTP NC0071943 Pape 3 OPERATIONS AND N UINTEN ANCE The facility appeared to be in good condition, and the equipment was well maintained. Debris from the bar screen and grit from the grit chamber are disposed in the county landfill. Polymer is being added to aid in settling and lime is sometimes added for pH adjustment. The Town's four lift stations are visited at least weekly and the stations' high water alarms are tested on a monthly basis. Telemetry systems have been installed at all lift stations. The Dellwood Street lift station's bar screen is cleaned during each visit. A log documenting the ORC's visitation, and operation and maintenance for the lift stations is maintained. A comprehensive spill response plan has been developed for the Town. The process control program consists of settleable solids (centrifuge method), pH, dissolved oxygen, sludge judge, and MLSS measurements. The facility is staffed with one Grade III Operator in Responsible Charge (ORC). A designated certified back-up operator is available when the ORC is unable to visit the facility. According to the Performance Evaluation (conducted by the Division of Water Quality and issued in September 1996), once the facility's construction is complete, a minimum of two (2) man years will be needed to properly operate and maintain the WNAITP. Rating: Satisfactory FLOW MEASUREMENT Flow is measured by a float and cable type flow meter with a totalizer and strip chart recording device. The meter is calibrated twice/year by B.W. Allen Company of Charlotte, N.C., and was last calibrated on August 31,1998. Rating: Satisfactory EFFLUENURECEIVING WATERS At the time of inspection, the effluent was clear with no visible solids or foam. The receiving stream did not appear to be adversely impacted by the discharge. Rating: Satisfactory TOWN OF BOILING SPRINGS WWTP NCO071943 Page 4 LABORATORY Laboratory analyses for pH, total residual chlorine, and temperature are performed on -site using approved instrumentation and methodology. Certification exemption has been granted for pH and total residual chlorine. Other analyses are performed by Piedmont Laboratory, Inc., in Shelby, N.0 and Pace Analytical Laboratories, Inc., in Hunters-,rille, North Carolina. Composite samples are collected proportional to flow and maintained at I' C- 4 ° C during collection. Composite samples are stored in a refrigerator maintained at the appropriate temperature until the samples are picked up. The thermometer used for measuring temperature is checked annually with a NIST traceable certified thermometer. Fecal coliform samples are collected in a sterile container. Deficiencies noted in the previous inspection report have been corrected. Rating: Satisfactory in SELF -MONITORING PROGRAM Self -monitoring data was evaluated for September 1997 through August 1998. Monitoring frequencies are maintained. Monthly monitoring reports are completed correctly with the exception of the failure to add the < sign for some of the reported values. No limit violations were reported during the review period. Rating: Satisfactory SLUDGE DISPOSAL The ORC transportes sludge to the City of Shelby WWTP for disposal. According to NPDES Permit Part II, Section D (6), records for sewage sludge use and disposal activities shall be retained for a period of at least five years. Rating: Satisfactory TOWN OF BOILING SPRINGS VVWTP NC0071943 Page S OTHER/SPILL RESPONSE Please be advised that pursuant to Part II, Section E of your NPDES permit, and North Carolina Administrative Code (NCAC) 15A 2B .0506 (a)(2), any failure of a collection system, pumping station or treatment facility resulting in a bypass without treatment of all or any portion of the wastewater shall be reported to the central office or the appropriate regional office (Mooresville Regional Office 704-663-1699) as soon as possible but no later than 24 hours from the time the permittee became aware of the bypass. A written report shall also be provided within five (5) days of the time of the incident. The report shall contain a description of the bypass, and its cause; the period of the bypass, including exact dates and times, and if the bypass has not been corrected, the anticipated time it is expected to continue; and steps taken (or planned) to reduce, eliminate, and prevent recurrence of similar events. Any spill that reaches surface waters (i.e. any spill that reaches any water already present in a conveyance, stream, ditch, etc...) or any spill greater than 1,000 gallons on the ground that does not reach surface waters must be reported. An adequate spill response for those spills reaching surface waters should include an evaluation downstream of the point at which the spill entered surface waters to determine if a fish hill occurred. The evaluation should also include the collection of upstream dissolved oxygen and pH measurements for background information and dissolved oxygen and pH measurements at multiple points downstream of the entry point to document any negative impact. Failure to report the bypass of a collection system, pumping station or treatment facility subjects violators to penalties of up to 510,000 per day per violation. Town of BoilingSprings P.O. BOX 1014 BOILING SPRINGS, N.C. 28017 704-434-2357 COMMISSIONERS ROBERT B. HAMRICK, MAYOR PRO-TEM CLINE HAMRICK WILLIAM K. ELLIOTT BILL ELLIS ALBERT GLENN November 19, 1998 Susan Wilson Division of Water Quality Post Office Box 29535 Raleigh, NC 27626-0535 Dear Ms. Wilson: MAX HAMRICK Mayor RICK HOWELL Town Administrator MARGRETTA McKEE Clerk Re: SOC EMC WQ 96-15 Town of Boiling Springs Cleveland County The purpose of this letter is to formally request on behalf of the Town of Boiling Springs an extension of the above referenced SOC. The Town is requesting an extension of the following dates listed under paragraph 3(b). 3) Complete construction of parallel treatment units, complete repairs and modifications to the existing system, and complete inflow/infiltration work on collection system (as outlined in the October 4, 1995 letter for fiscal year 1996-97) by January 1, 1999. The Town is requesting that this date be extended to March 31, 1999. C7 I 4.) Attain compliance with final effluent limitations by March 1, 1999. r-.; The Town is requesting that this date be extended to May 30, 1999. The Town of Boiling Springs fully appreciates the importance and seriousness of these dates and is working diligently to meet them. However, information provided by our contractor at our most recent progress meeting held on November 18, 1998 indicate that they will not meet the applicable dates. They have given us the following schedule for completion. By January 31, 1999 Construction of parallel treatment units will be complete and operational with the exception of the second clarifier. By February 15, 1999 Construction of the second clarifier will be complete and operational. By March 15, 1999 Repairs and modifications of the existing system will be complete and operational. Page 2 - S. Wilson, DWQ SOC Extension Request This request for an extension in no way implies delays on the part of the contractor. The following is offered as support for this request. 1. The contractor has not had sufficient time to complete the project based upon the May 6, 1998 Notice to Proceed. This notice to proceed was delayed by a variety of administrative procedures which are required by state statute and/or rules and regulations. The following time line is offered for your consideration. ► October 1997 ► December 1997 ► February 20, 1998 ► March 15, 1998 ► March 19, 1998 ► April 6, 1998 ► April 7, 1998 ► April 20, 1998 ► April 27, 1998 ► May 6, 1998 ► May 5-8, 1998 Town Board approves SOC EMC approves SOC Finals plans and specifications approval by State. Construction bids received Town Board tentatively awards bids Authorization to award from State received Town Board formally awards bids Notice of Award sent to contractors Pre -construction conference Notice to Proceed sent to contractors Contractors mobilize on site This time line is offered to illustrate the delays caused by the necessity to comply with proper administrative and legal procedures required by state statute and rules and regulations. 2. The Town has worked diligently over the past three years to make improvements in the treatment and collection systems. This can be seen by reviewing DMR records which indicate that since May 1997 the wastewater treatment facility has been in compliance not only with the SOC parameters but also the existing parameters found in the NPDES permit with few exceptions. These exceptions were for flow. I have enclosed a copy of a DMR summary spreadsheet for your information. The Town has also worked to reduce the amount of I/I entering the collection system and improve our ability to respond to potential spill situations. This work has included smoke testing of over 5 miles of sewerline leading to the discovery 3 illegal connections and repair of 3 sewer lateral openings. It has further included videography of sections of line where smoke testing indicated the greatest possibility of M. This videography is ongoing and will be included as an annual budget contract item. This effort has helped identify an underground spring which is contributing to the M problem. The Town has taken steps to repair the sewerline and provide appropriate drainage for the spring to a nearby creek. Additionally the Town has installed telemetry devices at all four sewer lift stations and is maintaining a routine inspection schedule of these facilities. The Town has also replaced aging pumps and developed a comprehensive emergency response plan for the collection system, lift stations and wastewater treatment plant. Page 3 - S. Wilson, DWQ SOC Extension Request The Town Board of Commissioners and administrative staff have taken this matter seriously from the outset and will continue to do so. It is the Town's contention that if the goal of the SOC is to assure compliance with environmental standards and parameters then the record since May 1997 clearly indicates the Town has made great strides in that direction with no violations other than January 1998 for flow. It is our hope that you will consider the progress and financial commitment made by the Town prior to and since the SOC became effective. The additional time requested is critical if the Town is to continue its commitment to improving the system so that we may be better stewards of the environment. Your thoughtful consideration of this matter will be greatly appreciated. Since , J. Ric d Howell, Jr. Town Administrator cc: Rex Gleason, MRO-DWQ Mayor Max J. Hamrick Board of Commissioners Joey K. Gantt, Director of Public Works ti40 4 '. 0-j- State of North Carolina Department of Environment, Health, and Natural Resources Division of Environmental Management APPLICATION FOR AN AMENDMEN' TO A SPECIAL ORDER BY CONSENT (INFORMATION REQUIRED FOR FACILITIES REQUESTING AN SOC) I. GENERAL INFORMATION:. 1. Applicant (corporation, individual, or other): I- WN 0E ,6D�� 0� norirWqS 2. Print or Type Owner's or Signing Official's Name and Title (the person who is legally responsible for the facility and its compliance): RISK Nowell Tow» Adm�n�5tra�or 3. Mailing Address: PO `rl, Off i c£ sok l m4 City: E6k-ijjv SDr. MRS State: NG Zip: 27017 Telephone No.: . a *31f a 3 57 4. Facility Name (subdivision, facility, or establishment name - must be consistent with name on the permit issued by the Division of Environmental Management): I 1 1 _ . 1 5. Application Date: / /.. % 2 ,� 6. County where project is located: II. SOC INFORMATION FOR THE FACILITY REQUESTING THE AMENDMENT: 1. SOC No.: C, `N 2. Name of the specific{{ wastewater treatment facility (if different from I.4. above): san'1C LtS G.bo'd 3. 'Issuance Date of SOC: 4. Expiration Date Of SOC: G- 5O ` 9S III. COMPLIANCE HISTORY FOR FACILITY REQUESTING THE SOC AMENDMENT: Please attach a listing of all violations this facility has had under this Order. This list should include any violation of interim dates, any violation of relaxed permit parameters, and violations of existing permit limitations. 9 Page 2 IV ADDITIONAL FLOW OR REALLOCATION OF EXISTING FLOW: Additional flow or reallocation of existing flow is avaliable to facilities that are owned by a unit of Government. Please be advised that additional flow will be allowed under an SOC amendment only in extreme circumstances. These circumstances include elimination of other discharges that are noncompliant with their NPDES Permit or continual noncompliance of the flow parameter as specified in the original SOC. These circumstances do not include failure by the facility to properly remove Infiltration and Inflow. When requesting the additional flow, the facility must include justification why this flow is needed and supporting documents to show what has been done to eliminate any flow problem causes (ie efforts undergone to eliminate inflow and infiltration into the plant). If the requested addtional flow is non -domestic, then the facility must be able to demonstrate the ablility to effectively treat the waste and that the waste will not adversely impact the wastewa«er system or its ablility to dispose of or utilize residuals. The non -domestic waste must be simular to domestic strength either before pretreatment or after pretreatment. The applicant must provide a detailed analysis of all parameters that can reasonably be expected to be contained in the proposed non -domestic wastewater. The total domestic additional flow requested is gallons per day. The total non -domestic flow requested is gallons per day. The total additional flow is gallons per day. If a reallocation of existing addtional flow is needed then the facility must provide justification as to why this reallocation is needed. V. EXPLANATION AS TO WHY SOC AMENDMENT IS NEEDED: Please provide a detailed explanation why the SOC Amendment is being requested. 5_oe 0_-4adnfd (EACr VI. EXPLANATION OF ACTIONS TAKEN BY THE APPLICANT TO AVOID NONCOMPLIANCE WITH EXISTING SOC PRIOR TO THIS REQUFST- Please attach a detailed explanation of the actions taken. Please address the following issues as appropriate: 1) Describe all activities that have been completed under the Existing SOC. 2) What activities have not been completed? When are these activties to be completed? Please include any SOC activities which are not now delinquent, but are expected to be late. 3) Were these delays a result of a contractor, consulting engineer, failure to obtain funding, weather etc. Page 3 f THIS APPLICATION PACKAGE WILL NOT BE ACCEPTED BY THE DIVISION OF ENVIRONMENTAL' MANAGEMENT UNLESS ALL OF THE APPLICABLE ITEMS ARE INCLUDED WITH THE SUBMITTAL Required Items a. One original and two copies of the completed and appropriately executed application form, along with all required attachments. b. The nonrefundable SOC processing fee of $400.00. The check must be made payable to The Department of Environment, Health and Natural Resources. Applicant's Certification: I, k' C-K 4QUJW—k\ , attest that this application for an SOC amendment has been reviewed by me and is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed and that if all required supporting information and attachments are not included, this application package will be returned as incomplete. Signature k�'aDate 11309r THE COMPLETED APPLICATION PACKAGE, INCLUDING ALL SUPPORTING INFORMATION AND MATERIALS, SHOULD BE SENT TO THE FOLLOWING ADDRESS NORTH CAROLINA DIVISION OF ENVIRONMENTAL MANAGEMENT WATER QUALITY SECTION pvsZT sov ;` carsrltvcrrrY; POST OFFICE BOX 29535 RALEIGH, NORTH CAROLINA 27626-0535 TELEPHONE NUMBER: 919/733-5083 Town of Boilin S rings, NC NPDES Permit NC DMR Summary for Com Hance Parameters Flow BOD TSS Fecal Compliant SOC Limits NPDES 12/31/98 NPDES 12/31/03 0.350 0.300 0.600 40/60 30/45 30/45 50/65 30/45 30/45 Monitor 200/400 200/400 May 97 Jun 97 Jul 97 Aug97 Sep 97 Oct 97 Nov 97 Dec 97 Jan 98 SOC 0.276 0.231 0.190 0.203 0.247 0.266 0.268 0.273 0.357 1.6 1.1 1.6 2.5 2.6 3.2 4.1 2.1 4.4 1.6 2.3 1.2 2.5 4.7 4.9 .7.5 5.2 4.51 3.1 6 8.7 1.8 4.5 2.4 3.4 7.4 1.4 Yes Yes Yes Yes Yes Yes Yes Yes No - Flow SOC 3.9 5.2 6.75 2.4 2.4 3.6 Yes - SOC / No - Permit - Flow Yes - SOC / No -Permit -Flow Feb 98 _:�0.350 Mar 98 0.320 12.2 4.1 9.5 Yes - SOC / No - Permit - Flow Apr 98 0.330 6.4 5.6 5.1 Yes -.All May 98 0.263 4.8 3.8 2.5 5.3 2.3 Yes - All Jun 98 0.215 2.9 3.7 6.4 4 Yes - All Yes - All Jul 98 Aug98 0.219 0.231 2.8 2.1 2.4 Yes - All Sep 98 0.259 Oct 98 Nov 98 Dec 98 0.260 2.4 3.4 3.3 Yes - All .� DIVISION OF WATER QUALITY November 16, 1998 MEMORANDUM: &: To: Rex Gleason, Regional Water Quality Supervisor DEC SM From: Marcia Lieber, k/ Compliance Group,. Subject: Preparation of a Special Order by Consent document Case Name: Town of Boiling Springs Case Number: EMC SOC WO 96-15 AdI County: Cleveland County Attached please find the subject request for an Amendment to their Special Order by Consent (SOC). Please draft a Special Order by Consent (SOC) document including any attachment(s) reflecting all limitations and current monitoring frequencies using the SOC manual as a guide. ID The Town is asking for an for an extension of sixity days to complete contruction of the clarifier. When the draft order is complete please submit it, accompanied by the "Special Order by Consent (SOC) Regional Office Checklist" and other pertinent staff reports to the Compliance and Enforcement Unit for further review and processing. Thank you for your time with developing this order. If you have any questions, please call Marcia Lieber at (919) 733-5083, extension 530. Town of Boiling Springs P.O. BOX 1014 BOILING SPRINGS, N.C. 28017 704-434-2357 COMMISSIONERS C =`t'.O ROBERT B. HAMRICK, MAYOR PRO-TEM i G� CLINE HAMRICK E3�'7h T'-' `S WILLIAM K. ELLIOTT BILL ELLIS 5 1998 ALBERT GLENN December 10, 1998 Mr. D. Rex Gleason, P.E. DWQ - Regional Supervisor 919 North Main Street Mooresville, NC 28115 Dear Mr. Gleason: MAX HAMRICK Mayor RICK HOWELL Town Administrator MARGRETTA McKEE Clerk Re: SOC Progress Report due 12/15/98 EMC SOC WQ 96-15 Town of Boiling Springs Cleveland County As required in Section 3 (c) of the above referenced document I am submitting the monthly progress -report. The following activities have taken place toward meeting the applicable dates in Section (b).ofthe, SOC ., Week of November 9, 1998 Piping work for clarifiers and aeration basin continues. Wiring'for standby generator and blowers begins. Week of November 16, 1998 Eastern clarifier interior trough poured. Piping work continues. Blower pad and wiring begun. Week of November 23, 1998 Easter clarifier equipment installation begun. Blower piping begun to new aeration basin and existing aeration basin. Pad and wiring for standby generator near completion. Standby generator set into place. Week of November 30, 1998Westem clarifier interior trough poured. Forming begun on UV chamber with initial piping work. Blower installation begun. Week of December 7, 1998 Blower installation completed except for final wiring. Excavation of pit for recycle pump station dug. Recycle pump station installed Piping work continues. The Town is pleased with the progress being made on this project and anticipates meeting'all applicable dates and terms of the SOC except those stated in the request for extension application and letter dated November 19, 1998. Page 2 - EMC SOC WQ 9645 Progress Report December 10, 1998 The Town is continuing to inspect sewer right of ways and potential problem areas. Videography of approximately 20001f of outfall line have identified significant problems with an existing 8" terra cota line. Upon completion of videography of the area the Town will pursue repairs and/or replacement as appropriate. The Town expects to complete, cleaning and videography of approximately 10,0001f of sewerline by early spring. The Town is closely monitoring a water conservation program through the university emphasizing environmental and cost savings. The university has also cooperated greatly by issuing water conservation warnings to it's food service contractor. I trust the information contained in this progress report is sufficient in meeting the terms of the SOC. If you have questions or comments please feel free to contact me. SiR.Cerely cha owell, r".' own Administrator cc: Mayor Max J. Hamrick Board of Commissioners Chester West, West and Associates, PA State of North Carolina Department of Environment and Natural Resources Division of Water Quality �V James B. Hunt, Jr., Govemor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director Rick Howell, Town Administrator Post Office Box 1014. Boiling Springs NC 28017 Dear Mr. Howell, �A&I MI.WMA, j 0 [D E N F1 December 8 1998�'e-a DEC 10 1998 Subject: Non Refundable Processing Fee Special Order by Consent EMC SOC WQ SOC 96-15 AdI Town of Boiling Springs Permit Number NCO071943 Cleveland County` This is to acknowledge receipt of your application for a Special Order by Consent (SOC) and check number 35890 in the amount of four hundred dollars ($400.00) received on December 8, 1998. If you have questions concerning this Special Order by Consent you may contact (919)733-5083 Marcia Lieber in our Raleigh Central Office at (919)733-5083, extension 530. Sincerely, —Ma4� /��'. Susan A. Wilson, Supervisor Compliance/Enforcement Unit vr-_. cc: V arresyilleR`egtot Offiee SOC Files Central Files P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-9919 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper PPPPPFr" Town of Boiling Springs P.O. BOX1014 BOILING SPRINGS, N.O. 28017 704-434-2357 COMMISSIONERS ROBERT B. HAMRICK, MAYOR PRO-TEM CLINE HAMRICK WILLIAM K. ELLIOTT BILL ELLIS ALBERT GLENN January 13, 1999 Mr. D. Rex Gleason, P.E. DWQ - Regional Supervisor 919 North Main Street Mooresville, NC 28115 Dear Mr. Gleason: MAX HAMRICK Mayor RICK HOWELL Town Administrator MARGRETTA McKEE Clerk amt fn,,a.a�• , Re: SOC Progress Report due 1/15/94- EMC SOC WQ 96-15 Town of Boiling Springs Cleveland County As required in Section 3 (c) of the above referenced document I am submitting the monthly progress report. The following activities have taken place toward meeting the applicable dates in Section 3 (b) of the SOC. Week of December 14, 1998 Recycle pump station vault is set with backfilling around the structure. Concrete work for UV structure is complete. Week of December 21, 1998 Yard piping is 80% complete. Electrical work continues. Western clarifier equipment is set. Week of December 28, 1998 Backfilling around site is continuing and nearly Complete. Miscellaneous handrails and painting are continuing. Week of January 4, 1999 Grouting of clarifier bottoms complete. Yard piping nearly complete. Week of January 11, 1999 UV equipment is set. Electrical work continues. Start up activities including bar screen equipment demonstrationlled Piping work continues. The Town is pleased with the progress being made on this project and anticipates meeting all applicable dates and terms of the SOC except those stated in the request for extension application and letter dated November 19, 1998. Page 2 - EMC SOC WQ 96-15 Progress Report January 13, 1999 The Town is continuing to inspect sewer right of ways and potential problem areas. Videography of approximately 5,000 if of the Lyman Street outfall line have identified significant problems with an existing 8" terra cota line. Upon completion of videography of the area the Town will pursue repairs and/or replacement as appropriate. The Town expects to complete , cleaning and videography of approximately 10,0001f of sewerline by early spring. The Town is closely monitoring a water conservation program through the university emphasizing environmental and cost savings. The university has also cooperated greatly by issuing water conservation warnings to it's food service contractor. I trust the information contained in this progress report is sufficient in meeting the terms of the SOC. If you have questions or comments please feel free to contact me. Sincerely, J 'char Howell, Jr. own Administrator cc: Mayor Max J. Hamrick Board of Commissioners Chester West, West and Associates, PA 0 Town of Boiling Springs P.O. BOX 1014 BOILING SPRINGS, N.C. 28017 704-434-2357 COMMISSIONERS ROBERT B. HAMRICK, MAYOR PRO-TEM CLINE HAMRICK WILLIAM K. ELLIOTT BILL ELLIS ALBERT GLENN January 13, 1999 Mr. A. Preston Howard, Jr. P.E. Director - Division of Water Quality NCDEHNR Post Office Box 29535 Raleigh, NC 27626-0535 Dear Mr. Howard: :t. If' . MAX HAMRICK Mayor RICK HOWELL Town Administrator MARGRETTA McKEE Clerk Re: SOC EMC WQ 96-15 Notice of Non compliance Town of Boiling Springs Cleveland County Please take note that in accordance with the terms of the above referenced SOC I am officially notifying you on non compliance with paragraph 3 (b) (3) as it relates to "completion of construction of parallel treatment units, complete repairs and modifications to the existing system" by January 1, 1999. The Town however is in compliance with the remainder of this section referencing "complete i/i work on the collection system (as outlined in the October 4, 1995 letter for fiscal year 1996-97) by January 1, 1999. In fact, the Town is continuing plans for outfall line replacement, cleaning and videotaping problem line segments, manhole repair and investigation of illegal connections. Please take note that the Town did officially file an application for the extension of this SOC date on November 19, 1998 but has as yet received official notification from DWQ on the status of this reauest. The Town takes this matter seriously and will continue to work diligently to correct past deficiencies in our wastewater program. If you have questions or if I can be of assistance please feel free to contact me. Si cerely J chard Howell, Jr. wn Administrator cc: Susan A. Wilson, DWQ-CEU D. Rex Gleason, DWQ-MRO File 31/13i99 11:24 TOWN OF BOILING SPRINGS i 17046636040 J Town of Bailing Springs, NC PO Box 1014 145 South Main 9t mt Boiling Springs, NC 28017 704-434-2357 Fax: 70"34.2358 FAX COVER. SHEET FAX NUMBER TXMNSUMM TO: Of: {�iQi@io+G� S1fc'V i%or From:'Ri cL tl Town of Boiling Springs, NC Client/Mader: Scar, -} raye.!&S Igpar+ DUE 1115199 : 1 ` mim - cov-r�: Please call if you have questions. r NO.629 • r4UT CoUM7NO COVER SHEET. IF YOU DO N07' RECEIVE ALL PAGES. PLEASE TELEPHON44 US immEMA'TELY AT 70"34-2357. 01/13/99 11:24 TOWN OF BOILING SPRINGS -3, 17046636040 Town of Bailing SprinamU5" P.O. BOX 1014 BOILING SPRINGS, N.C, 28017 704-434.2367 COMMISSIONERS ROBERTS, HAMRICK, MAYOR PRO-TEM CLINE MAM9RICK WILLIAMA K. ELUOTT BILL ELLIS ALBERT GLENN January 13,1999 Mr. D. Rex Gleason, P-E. DWQ _ Regional Supervisor 919 North Main Street Mooresville, NC 29115 Dear Mr. Gleason: NO.629 MAX HAMRICK Mayor RICK HOWELL Town Administrator N. MARGRETTA MCKEE Clerk Re: SOC progress Report due 1/15/99 EMC SOC WQ 96-15 Town of Boiling Springs Cleveland County As required in Section 3 (e) of the above referenced document 1 am submitting the monthly progress report. The following activities brave taken place toward meeting the applicable dates in Section 3 (b) of the SOC. Week of December 14,1998 Recycle pump station Vault is set with backfilling around the structure. Concrete work for UV structUrc is cpmpletc. Weel< of December 21, 1998 Yard piping is 80°lo complete. Electrical work continues. Western clarifier equipment is set. Week of December 28, 1998 DackfilliAg around site is continuing and nearly complete. Miscellaneous handrails and painting ace continuing. Week of January 4, 1999 Grouting of clarifier bottoms complete.' Yard piping nearly complete. Week of january 11,1999 Uv equipment is set. Electrical work continues. Start up activities including bar screen equipment demonstrationlied Piping work continues - The Town is pleased with the progress being made on this project and anticipates meeting all applicable dates and terms of the SOC except those stated in the request for extension application and letter dated November 19,1998. 01/13/99 11:25 TOWN OF BOILING SPRINGS � 17046636040 NO.629 D03 Page 2 - EMC SOC WQ 96-15 Progress Report January 13.1999 The Town is continuing to inspect sewer right of ways and potential problem areas. Videography of approximately 5,000 If of the Lyman Street outfall line have identified significant problems with an existing S" terra cota line. Upon completion of videography of the area the Town will pursue repairs and/or replacement as appropriate. The Town expects to complete , cleaning and videography of approximately 10,0001f of sewerline by early spring. The Town is closely monitoring a water conservation program through the university emphasizing enviromeutal and cost savings. The university has also cooperated greatly by issuing water conservation warni.ogs to it's food service contractor. I trust ft: inf'orniation contained in this progress report is sufficient in meeting the terms of the SOC. If you have questions or conunents please feel free to contact nee. Sincerely, J 'char Howell, Jr. f own Administrator cc: Mayor Max J. Hamrick Board of Commissioners Chester West, West and Associates, PA Town of BoilingSprings P.O. BOX 1014 ' 1 DEPT, OI I=3VviP£3 ""T'*c , �. T� BOILING Soaasa- 35N.C. 28017 N�,TU_�L ��y,o3ALT T NOV 1 � MAX HAMRICK COMMISSIONERS �L�'(�0Mayor ROBERT B. HAMRICK, MAYOR PROJEM CLINE HAMRICK RICK HOWELL WILLIAM K. ELLIOTT �����{°i„Town Administrator BILL ELLIS f�SJ�r'�Si�IL� F�b,1L Q 1�� MARGRETTA MCKEE ALBERT GLENN Clerk November 10, 1998 Mr. D. Rex Gleason, P.E. DWQ - Regional Supervisor Re: SOC Progress Report due 11/15/98 919 North Main Street EMC SOC WQ 96-15 Mooresville, NC 28115 Town of Boiling Springs Cleveland County Dear Mr. Gleason: As required in' Section 3 (c)-of the .'above,refexenced: document'l am submitfing the.m6nfhly progress report. The following activities have taken place toward meeting the applicable'dates in Section 3 (b) of the SOC. Week of Octboer 12, 1998 Operations buildinginterior works begins. Forming of clarifier walls continues. Week of October 19, 1998 Piping work from new influent structure to existing plant begins. Mechanical bar screen and appurtenances installed. Aeration equipment installed in aeration basin. Week of October 26, 1998 Easter clarifier walls poured. Forming of western clarifier walls begins. Ops building nearly complete. Piping .work continues from influent structure and basins. Some sidewalk formed and poured. Week of November 2, 1998 ; Western clarifier.. forming completed and poured. Operations' building nearly complete. Electricians installing panels and wiring. The Town is pleased with the progress being made on this project and anticipates meeting all applicable dates and terms of the SOC. Page 2 - EMC SOC WQ 96-15 Progress Report November 10, 1998 The Town is continuing to inspect sewer right of ways and potential problem areas. Videography expected to help identify further problems. The Town is closely monitoring a water conservation program through the university emphasizing environmental and cost savings. The university has also cooperated greatly by issuing water conservation warnings to it's food service contractor. I trust the information contained in this progress report is sufficient in meeting the terms of the SOC. If you have questions or comments please feel free to contact me. S' A J owell, Jr. wn Administrator cc: Mayor Max J. Hamrick Board of Commissioners Chester West, West and Associates, PA Town of Boiling Springs P.O. BOX1014 BOILING SPRINGS, N.C. 28017 704-434-2357 COMMISSIONERS ROBERT B. HAMRICK, MAYOR PRO-TEM CLINE HAMRICK WILLIAM K. ELLIOTT BILL ELLIS ALBERT GLENN September 9, 1998 Mr. D. Rex Gleason, P.E. DWQ - Regional Supervisor 919 North Main Street Mooresville, NC 28115 Dear Mr. Gleason: MAX HAMRICK Mayor RICK HOWELL Town Administrator MARGRETTA McKEE Clerk PrlOui�'-SVILLE R�urJ�L fr;rltsE Re: SOC Progress Report due 9/15/98 EMC SOC WQ 96-15 Town of Boiling Springs Cleveland County As required in Section 3 (c) of the above referenced document I am submitting the monthly progress report. The following activities have taken place toward meeting the applicable dates in Section 3 (b) of the SOC.. . Week of August 17, 1998, Operations building block laid. Eastern clarif er cone formed and ready to pour. Week of August 24, 1998 Eastern clarifier cone poured. Piping work in bottom of clarifiers begins. Week of August 31, 1998 Work on forming the cone of the western clarifier begins. Operations building brick is laid. Week of September 7, 1998 Forming of western clarifier cone continues. Operations building work continues. The Town is pleased with the progress being made on this project and anticipates meeting all applicable, dates and terms of the SOC. Also, in compliance with the infiltration and inflow terms of Section 3 (b) (3) the Town has completed installation at all four wastewater lift stations additional electronic warning devices. Also, new pump installation a the Lyman Street lift station is complete- Page 2 - EMC SOC WQ 96-15 Progress Report September 9, 1998 The Town will begin videography of a one mile segment of 8" terra cota line which is significantly contributing to the I/I problems. The Town has also reinstituted a water conservation program through the university emphasizing environmental and cost saving reasons for saving water. The university has also cooperated greatly by issuing water conservation warning to it's food service contractor. I trust the information contained in this progress report is sufficient in meeting the terms of the SOC. If you have questions or comments please feel free to contact me. S' cerel , J. chard Howell, Jr. i wn Administrator cc: Mayor Max J. Hamrick Board of Commissioners Chester West, West and Associates, PA I Town of Boiling Springs P.O. BOX 1014 BOILING SPRINGS, N.C. 28017 ENVM '� 704-434-2357 MAX HAMRICK COMMISSIONERS fnr� I .I j,n,l� Mayor ROBERT B. HAMRICK, MAYOR PRO-TEM RICK HOWELL CLINE HAMRICK Town Administrator WILLIAM K. ELLIOTT BILL ELLIS MARGRETTA McKEE Uti IL_ ALBERT GLENN Clerk October 12, 1998 Mr. D. Rex Gleason, P.E. DWQ - Regional Supervisor 919 North Main Street Mooresville, NC 28115 Dear Mr. Gleason: Re: SOC Progress Report due 10/,15/98 EMC SOC WQ 96-15 , Town of Boiling Springs Cleveland County ' As required in Section 3 (c) of the above referenced document I am submitting the monthly progress report. The following activities have taken place toward meeting the applicable dates in Section 3 (b) of the SOC. Week of September 14, 1998 Operations building brick laid. Western clarifier cone formed and ready to pour. Week of September 21, 1998 Western clarifier cone poured. Piping work in bottom of clarifier begins. Week of;September 28, 1998 Forming of clarifier floors begins. Operations building trusses set and roof construction begins. Week of October 5, 1998 Clarifier floors poured. Clarifier wall forming'begins. Operations building roof completed, plumbing installation and interior work begins. The Town is pleased with the progress being made on this project and anticipates meeting all applicable .dates and terms of the SOC. Page 2 - EMC SOC WQ 96-15 Progress Report October 12, 1998 The Town has begun videography of a one mile segment of 8" terra cota line which is significantly contributing to the I/I problems. The Town is closely monitoring a water conservation program through the university emphasizing environmental and cost savings. The university has also cooperated greatly by issuing water conservation warnings to it's food service contractor. I trust the information contained in this progress report is sufficient in meeting the terms of the SOC. If you have questions or comments please feel free to contact me. Si erely Howell, r. n Administrator cc: Mayor Max J. Hamrick Board of Commissioners Chester West, West and Associates, PA Town of BoifingSffings COMMISSIONERS ROBERT B. HAMRICK, MAYOR PRO-TEM CLINE HAMRICK WILLIAM K. ELLIOTT BILL ELLIS ALBERT GLENN August 10, 1998 Mr. D. Rex Gleason, P.E. DWQ - Regional Supervisor 919 North Main Street Mooresville, NC 28115 Dear Mr. Gleason: P.O. BOX 1014 BOILING SPRINGS, N.C. 28017 OIL 704-434-2357 RNVIRON-kI NT, 11EALTIF1 & 11TATUR-AL tL? 'OUIZC SIAAX HAMRICK Mayor �I� 1 1998 RICK HOWELL Town Administrator MON U L`� z c ti tr�GRETTA MCKEE kl?00PIE'S"'?EE rl ; i'L G-wra Clerk Re: SOC Progress Report due 8/15/98 EMC SOC WQ 96-15 Town of Boiling Springs Cleveland County As required 'in Section 3 (6) of the above referenced document I am submitting the monthly progress report. ' The following activities have taken place toward`meeting the applicable dates in Section 3 (b)• of the' SOC: " Week of July 13, 1998 Aeration basin floor concrete poured and finished. Operations building slab concrete poured. Excavation of external clarifiers began. Week of July 20, 1998 Aeration basin wall forming began. Excavation of external clarifiers continued. Week of July 27, 1998 Aeration basin walls poured. Excavation of clarifiers complete and forming begins. Week of August 3, 1998 Clarifier forming continues. Operations building door frames set.. Week of August 10, 1998 Clarifier forming continues. Operations building construction begins. The Town is pleased with the progress being made on this project and anticipates meeting all applicable dates'aiid terms of the SOC. Also, in compliance with the infiltration and inflow terms of Section 3 (b) (3) the Town has'completed installatiori at all four wastewater lift" stations additional electronic warning devices. Page 2 - EMC SOC WQ 96-15 Progress Report August 10, 1998 The Town also is making arrangements to contract for videography of a one mile segment of 8" terra cota line which we, believe is significantly contributing to the I/I problems. Also, in conjunction with recent street resurfacing the Town has raised 10 manhole rings which were low and receiving unacceptable amount of stormwater. I trust the information contained in this progress report is sufficient in meeting the terms of the SOC. If you have questions or comments please feel free to contact me. Pw erely,char • owel, r.n Administrator cc: Mayor Max J. Hamrick Board of Commissioners Chester West, West and Associates, PA Town of Boiling P.O. BOX 1014 BOILING SPRINGS, N.0 704-434-2357 COMMISSIONERS ROBERT B. HAMRICK, MAYOR PRO-TEM CLINE HAMRICK WILLIAM K. ELLIOTT BILL ELLIS ALBERT GLENN June 10, 1998 Mr. D. Rex Gleason, P.E. DWQ - Regional Supervisor Re 919 North Main Street Mooresville, NC 28115 Dear Mr. Gleason: Springs OF s'3T, `r.R;.LT II , �z 1�1"ii ��eL T�yUiJ1�i: �5 28017 JUN I I 1998MAX HAMRICK Mayor Dl'dl°l(� t ` = wY ?' FiICK''AWELL �9EG�t�S+JitIE V'EE,,;;; L=:LTowm'Administrator MARGRETTA McKEE Clerk SOC Progress Report due 6/15/98 EMC SOC WQ 96-15 Town of Boiling Springs Cleveland County As required in Section: 3. (c) of the..above:referenced document I,am_submitting .the second monthly progress report. Also:you_will find attached a copy ofahehandwritten-,summary from Hickory Construction: providing- a detailed: status- report. The: following- activities, have taken place in meeting the applicable dates in• Section 3 (b) of the SOC. June 9, 1998 Monthly progress meeting with participants including Mr. Rick Howell, Town Administrator, Mr. Joey Gantt, Director of Public Works, and Mr. Mike Beard, Hickory Construction. Mr. Dan Blaisdale from Construction Grants and Loans was unable to attend. Mr. Beard reviewed the attached report of activities and stated.that the project was on schedule and that . additional crews would be moving up from a job in Blacksburg, SC the week of June 15. It is then anticipated that work will progress at a much faster pace. The Town is pleased with the progress being made on this project and anticipates meeting all applicable dates and terms in the SOC. Also, in compliance with the infiltration and inflow terms of Section 3 (b) (3) the Town will .during. the month of July continue smoke testing on the GWU campus and will ,begin using video cameras. to inspect an 8" sewerline on the east side of Town that lies in a low area surrounded by naturalsprings and poor drainage. _The .Town has completed clearance of a 300' segment -of this right of.way which was affected by a 1994 tornado. Page 2 - EMC SOC WQ 96-15 Progress Report June 10, 1998 ` I trust the information contained .in _this progress report, is sufficient in meeting the terms of the SOC. If you have questions or comments please feel free to contact me: S n erely J. cr. a'- hard Howell, Jo/ wn Administrator cc: Mayor Max J. Hamrick Board of Commissioners Chester West, West and Associates, PA I1� 1� I AI X,41 i i v i i ! ! } . .. . ...... ..... ..... - . ­ .- ..... . ..... . Al ' Town of Boiling Springs P.O. BOX 1014. BOILING SPRINGS, N.C. 28017 NDT• a� 704-434-2357 .c. T .1 g.n,�Z,y u , EaIVIRON'Vir T, � & NATURAL ? L':�� L�r J MAXMHyo RICK COMMISSIONERS ROBERT B. HAMRICK, MAYOR CLINE HAMRICK PRO-TEM MAR 1 0 1998 RICK HOWELL WILLIAM K. ELLIOTT Town Administrator BILL ELLIS _ � 'lL - {:.': •+"n'yMARGRE�Te k McKEE ALBERT GLENN • MOM Charles Wiesner Town of Boiling Springs PO Box 1014 Boiling Springs, NC 28017 _ 2/12/98 Subject: Bob Sledge DENR PO Box 29535 Raleigh, NC 27626-0535 Dear Mr. Sledge: Violation Special Order of Consent EMCWQ 96-15 Town of Boiling Springs Cleveland County The Special Order of Consent (SOC) dated December 5, 1997 allows the maximum daily flow to be .350 MGD. January 1998 the average monthly flow was .357 MGD. This puts The Town of Boiling Springs in violation of the SOC. The following rainfall data was recorded at the tiVVy'TP during the rnonth of January 1998 as follows: 1-0 17-.95 2-0 18-0 3-0 19-.4 4-0 20-.1 5-<.1 21-0 6-.15 22-0 7-.2 23-1.0 8-.9 24-0 9-0 25-0 10-0 26-0 11-0 27-.5 12-0 28-2.1 13-.1 29-0 14-0 30-0 15-.5 31-0 16-.5 Total 7 inches On page four of SOC EMCWQ 96-15 #5 section a. is the stipulation "An act of God". I am requesting the Town of Boiling Springs not have to pay the $1000 fine because 7" of rain in January be considered an act of God. The Town of Boiling Springs WWTP met the effluent limitations for January 1998. If you have any questions concerning this report, please contact me at 704-434-5600 WWTP. Respectfully Submitted, Charles Wiesner ORC cc: Rick Howell Town Administrator Joey Gantt Public Works Director Patricia Beam.DENR Kevin Jones Culligan Operating Services C NORT"ROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES MOORESVILLE REGIONAL OFFICE DIVISION OF WATER QUALITY March 2, 1998 CERTIFIED MAIL RETURN RECEIPT REQUESTED The Honorable Max J. Hamrick Town of Boiling Springs Post Office Box 1014. Boiling Springs, NC 28017 Subject: Notice of Violation Town of Boiling Springs EMC SOC WQ 96-15 NPDES Permit No. NCO071943 Cleveland County Dear Mayor Hamrick: This letter is to inform you that a review of the Town's self -monitoring report for the month of January, 1998 indicates violations of the Special Order by Consent (SOC) modified effluent limits for Flow as follows: Reported Limit . `. Pine Parameter Value/UnitValue/Type/Unit 001 Flow 0.357 MGD 0.350 MGD You are directed to take whatever remedial actions are necessary to correct the problem. The Special Order by Consent contains a stipulated penalty of $1,000.00 for each violation of interim effluent limitations. Paragraph 5 of the Special Order by Consent states in part that the stipulated penalties are not due if the Town satisfies the Division that noncompliance was caused by events or circumstances beyond the Town's control. 919 NORTH MAIN STREET, MOORESVILLE, NORTH CAROLINA 28115 PHONE 704-883-1899 FAX 704-863-6040 AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - SO% RECYCLED/10% POST -CONSUMER PAPER IF The Honorable Max J. Hamrick Town of Boiling Springs Page Two March 2, 1998 If you have justification that these violations were caused by events or circumstances beyond the Town's control, you must reply in writing to the Mooresville Regional Office within ten (10) days after receipt of this Notice. Your justification will be reviewed and a recommendation forwarded to the Director for his consideration. In the absence of such justification, this Office shall proceed with a recommendation that the Director demand payment of the stipulated penalty as included in the Special Order by Consent. If you have any questions concerning this matter, please contact either Patricia Beam, Mr. Rex Gleason, Water Quality Regional Supervisor, or me at the letterhead address or 704/663- 1699. Sincerely, Barbara S. Christian, P.G. Acting Regional Supervisor cc: SOC Files Central Files Town of Boiling Springs:; P.O. BOX 1014 BOILING SPRINGS, N.C. 28017 P"1EzP 1 1998 704-434-2357 COMMISSIONERS ROBERT B. HAMRICK, MAYOR PRO-TEM CLINE HAMRICK WILLIAM K. ELLIOTT BILL ELLIS ALBERT GLENN November 19, 1998 Susan Wilson Division of Water Quality Post Office Box 29535 Raleigh, NC 27626-0535 Dear Ms. Wilson: MAX HAMRICK i�ll� � v Nior ...y, RICK HOWELL Town Administrator MARGRETTA McKEE C(OF)IV Clerk Re: SOC EMC WQ 96-15 Town of Boiling Springs Cleveland County The purpose of this letter is to formally request on behalf of the Town of Boiling Springs an extension of the above referenced SOC. The Town is requesting an extension of the following dates listed under paragraph 3(b). 3) Complete construction of parallel treatment units, complete repairs and modifications to the existing system, and complete inflow/infiltration work on collection system (as outlined in the October 4, 1995 letter for fiscal year 1996-97) by January 1, 1999. The Town is requesting that this date be extended to March 31, 1999. 4.) Attain compliance with final effluent limitations by March 1, 1999. The Town is requesting that this date be extended to May 30, 1999. The Town of Boiling Springs fully appreciates the importance and seriousness of these dates and is working diligently to meet them. However, information provided by our contractor at our most recent progress meeting held on November 18, 1998 indicate that they will not meet the applicable dates. They have given us the following schedule for completion. By January 31, 1999 Construction of parallel treatment units will be complete and operational with the exception of the second clarifier. By February 15, 1999 Construction of the second clarifier will be complete and operational. By March 15, 1999 Repairs and modifications of the existing system will be complete and operational. Page 2 - S. Wilson, DWQ SOC Extension Request This request for an extension in no way implies delays on the part of the contractor. The following is offered as support for this request. 1. The contractor has not had sufficient time to complete the project based upon the May 6, 1998 Notice to Proceed. This notice to proceed was delayed by a variety of administrative procedures which are required by state statute and/or rules.and regulations. The following time line is offered for your consideration. ► October 1997 ► December 1997 ► February 20, 1998 ► March 15, 1998 ► March 19, 1998 ► April 6, 1998 ► April 7, 1998 ► April 20, 1998 ► April 27, 1998 ► May 6, 1998 ► May 5-8, 1998 Town Board approves SOC EMC approves SOC Finals plans and specifications approval by State. Construction bids received Town Board tentatively awards bids Authorization to award from State received Town Board formally awards bids Notice of Award sent to contractors Pre -construction conference Notice to Proceed sent to contractors Contractors mobilize on site This time line is offered to illustrate the delays caused by the necessity to comply with proper administrative and legal procedures required by state statute and rules and regulations. 2. The Town has worked diligently over the past three years to make improvements in the treatment and collection systems. This can be seen by reviewing DMR records which indicate that since May 1997 the wastewater treatment facility has been in compliance not only with the SOC parameters but also the existing parameters found in the NPDES permit with few exceptions. These exceptions were for flow. I have enclosed a copy of a DMR summary spreadsheet for your information. The Town has also worked to reduce the amount of 1/I entering the collection system and improve our ability to respond to potential spill situations. This work has included smoke testing of over 5 miles of sewerline leading to the discovery 3 illegal connections and repair of 3 sewer lateral openings. It has further included videography of sections of line where smoke testing indicated the greatest possibility of I/I. This videography is ongoing and will be included as an annual budget contract item. This effort has helped identify an underground spring which is contributing to the I/I problem. The Town has taken steps to repair the sewerline and provide appropriate drainage for the spring to a nearby creek. Additionally the Town has installed telemetry devices at all four sewer lift stations and is maintaining a routine inspection schedule of these facilities. The Town has also replaced aging pumps and developed a comprehensive emergency response plan for the collection system, lift stations and wastewater treatment plant. Page 3 - S. Wilson, DWQ SOC Extension Request The Town Board of Commissioners and administrative staff have taken this matter seriously from the outset and will continue to do.so. It is the Town's contention that if the goal of the SOC is to assure compliance with environmental standards and parameters then the record since May 1997 clearly indicates the Town has made great strides in that direction with no violations other than January 1998 for flow. It is our hope that you will consider the progress and financial commitment made by the Town prior to and since the SOC became effective. The additional time requested is critical if the Town is to continue its commitment to improving the system so that we may be better stewards of the environment. Your thoughtful consideration of this matter will be greatly appreciated. Since , _. J. Ric d Howel74l, Jr. Town Administrator cc: Rex Gleason, MRO-DWQ Mayor Max J. Hamrick Board of Commissioners Joey K. Gantt, Director of Public Works i tj BoilingSprings Town of 0' P.O. BOX1014 BOILING SPRINGS, N.C, 28017 704-434-2357 COMMISSIONERS ROBERT B. HAMRICK, MAYOR PRO-TEM CLINE HAMRICK WILLIAM K. ELLIOTT BILL ELLIS ALBERT GLENN November 19, 1998 Susan Wilson Division of Water Quality Post Office Box 29535 Raleigh, NC 27626-0535 Dear Ms. Wilson: MC. DEBT. O%. ENVIRONNIENT, MRA NATURAL RIESOU] DEC C 1998 :.:..:;:':..:... MAX HAMRICK, DIVIS#ii! Cf G`i,; _...•......Mayor ;�;-:; h �uncSVIL! c ti':i RICK HOWELL Town Adminlstrator'. r MARGRETTA McKEE Clerk Re: SOC EMC WQ 96-15 Town of Boiling Springs Cleveland County The purpose of this letter is to formally request on behalf of the Town of Boiling Springs an extension of the above referenced SOC. The Town is requesting an extension of the following dates listed under paragraph 3(b). 3) Complete construction of parallel treatment units, complete repairs and modifications to the existing system, and complete inflow/infiltration work on collection system (as outlined in the October 4, 1995 letter for fiscal year 1996-97) by January 1, 1999. The Town is requesting that this date be extended to March 31, 1999. 4.) Attain compliance with final effluent limitations by March 1, 1999. The Town is requesting that this date be extended to May 30, 1999. The Town of Boiling Springs fully appreciates the importance and seriousness of these dates and is working diligently to meet them. However, information provided by our contractor at our most recent progress meeting held on November 18, 1998 indicate that they will not meet the applicable dates. They have given us the following schedule for completion. By January 31, 1999 Construction of parallel treatment units will be complete and operational with the exception of the second clarifier. By February 15, 1999 Construction of the second clarifier will be complete and operational. By March 15, 1999 Repairs and modifications of the existing system will be complete and operational. .—I 5.M ' � ` 4i6CZAi�r�aSt��:4a�+iti r, L4, Page 2 - S. Wilson, DWQ SOC Extension Request This request for an extension in no way implies delays on the part of the contractor. The following is offered as support for this request. The contractor has not had sufficient time to complete the project based upon the May 6, 1998 Notice to Proceed. This notice to proceed was delayed by a variety of administrative procedures which are required by state statute and/or rules and regulations. The following time line is offered for your consideration. ► October 1997 ► December 1997 ► February 20, 1998 ► March 15, 1998 ► March 19, 1998 ► April 6, 1998 ► April 7, 1998 ► April 20, 1998 ► April 27, 1998 ► May 6, 1998 ► May 5-8, 1998 Town Board approves SOC EMC approves SOC Finals plans and specifications approval by State. Construction bids received Town Board tentatively awards bids Authorization to award from State received Town Board formally awards bids Notice of Award sent to contractors Pre -construction conference Notice to Proceed sent to contractors Contractors mobilize on site This time line is offered to illustrate the delays caused by the necessity to comply with proper administrative and legal procedures required by state statute and rules and regulations. 2. The Town has worked diligently over the past three years to make improvements in the treatment and collection systems. This can be seen by reviewing DMR records which indicate that since May 1997 the wastewater treatment facility has been in compliance not only with the SOC parameters but also the existing parameters found in the NPDES per -nit with few exceptions. These exceptions were for flow. I have enclosed a copy of a DMR summary spreadsheet for your information. The Town has also worked to reduce the amount of 1/I entering the collection system and improve our ability to respond to potential spill situations. This work has included smoke testing of over 5 miles of sewerline leading to the discovery 3 illegal connections and repair of 3 sewer lateral openings. It has further included videography of sections of line where smoke testing indicated the greatest possibility of I/I. This videography is ongoing and will be included as an annual budget contract item. This effort has helped identify an underground spring which is contributing to the 1/I problem. The Town has taken steps to repair the sewerline and provide appropriate drainage for the spring to a nearby creek. Additionally the Town has installed telemetry devices at all four sewer lift stations and is maintaining a routine inspection schedule of these facilities. The Town has also replaced aging pumps and developed a comprehensive emergency response plan for the collection system, lift stations and wastewater treatment plant. ar • Page 3 - S. Wilson, DWQ SOC Extension Request The Town Board of Commissioners and administrative staff have taken this matter seriously from the outset and will continue to do so. It is the Town's contention that if the goal of the SOC is to assure compliance with environmental standards and parameters then the record since May 1997 clearly indicates the Town has made great strides in that direction with no violations other i( than January 1998 for flow. It is our hope that you will consider the progress and financial IF commitment made by the Town prior to and since the SOC became effective. IF The additional time requested is critical if the Town is to continue its commitment to improving the system so that we may be better stewards of the environment. Your thoughtful consideration of this matter will be greatly appreciated. L Since , L 74M.9- J. Ric d Howell, Jr. f Town Administrator cc: Rex Gleason, MRO-DWQ Mayor Max J. Hamrick Board of Commissioners Joey K. Gantt, Director of Public Works Town of Boiling Springs, NC NPDES Permit NC DMR Summary for Com liance Parameters Flow BOD TSS Fecal Compliant SOC Limits 0.350 40/60 50/65 Monitor NPDES 12/31/98 0.300 30/45 30/45 200/400 NPDES 12/31/03 0.600 30/45 30/45 200/400 May 97 0.276 1.6 1.6 3.1 Yes Jun 97 0.231 1.1 2.3 6 Yes Jul 97 0.190 1.6 1.2 8.7 Yes Aug97 0.203 2.5 2.5 1.8 Yes Sep 97 0.247 2.6 4.7 4.5 Yes Oct 97 0.266 3.2 4.9 2.4 Yes Nov 97 0.268 4.1 7.5 3.4 Yes Dec 97 0.273 2.1 5.2 7.4 Yes Jan 98(SOC) 0.357 4.4 4.5 1.4 No - Flow SOC Feb 98 0.350 3.9 6.75 2.4 Yes - SOC / No - Permit - Flow Mar 98 0.320 5.2 2.4 3.6 Yes - SOC / No - Permit - Flow Apr 98 0.330 12.2 4.1 9.5 Yes - SOC / No - Permit - Flow May 98 0.263 6.4 5.6 5.1 Yes - All Jun 98 0.215 4.8 5.3 2.3 Yes - All Jul 98 0.219 3.8 2.9 6.4 Yes - All Aug98 0.231 2.5 3.7 4 Yes - All Sep 98 0.259 2.8 2.1 2.4 Yes - All Oct 98 0.260 2.4 3.4 3.3 Yes - All Nov 98 Dec 98 Town of Boiling Springs Ts . °iTH 11 P.O. BOX 1014 BOILING SPRINGS, N.C. 28017 { 704-434-2357 JUL I 4 1998 MAX HAMRICK COMMISSIONERS Mayor;,,,.. ROBERT B. HAMRICK, MAYOR PRO-TEM CLINE HAMRICK }j�ii,t7+,hjLF f; +�ICKCH&ELL WILLIAM K. ELLIOTT Town Administrator BILL ELLIS MARGRETTA McKEE ALBERT GLENN Clerk July 13, 1998 Mr. D. Rex Gleason, P.E. DWQ - Regional Supervisor 919 North Main Street Mooresville, NC 28115 Dear Mr. Gleason: Re: SOC Progress Report due 7/15/98 EMC SOC WQ 96-15 Town of Boiling Springs Cleveland County As required in Section 3 (c) of the above referenced document I am submitting the second monthly progress report. The following activities -have taken place toward meeting..the applicable dates in Section 3 (b) of the SOC.: . Week of June 15, 1998 Operations building plumbing rough in begins. Aeration basin excavation completed and forming begin. Week of June 22, 1998 Operations building plumbing rough in complete. Aeration basin forming continues with rebar forming and stone. Week of June 29, 1998 Site work on location of external clarifiers begins. Aeration basin forming continues. Week of July 6, 1998 Clarifier site work completed. Aeration basin forming nearly complete. July 13, 1998 Aeration basin floor concrete poured and finished. Operations building slab concrete poured. Excavation of external_ clarifiers begins: The Town is pleased with the progress being made on this project and anticipates meeting all applicable dates and terms of the SOC. Also, in compliance with the infiltration and inflow terms of Section 3 (b) (3) the Town has purchased additional electronic warning devices for all Page 2 - EMC SOC WQ 96-15 Progress Report July 13, 1998 lift stations. The Town also is making arrangements to contract for videography of a one mile segment of 8" terra cota line which we believe is significantly contributing to the I/I problems. I trust the information contained in this progress report is sufficient in meeting the terms of the SOC. If you have questions or comments please feel free to contact me. i cerel a �ichar owell, J own Administrator cc: Mayor Max J. Hamrick Board of Commissioners Chester West, West and Associates, PA Town of Boiling Springs P.O. BOX 1014 BOILING SPRINGS, N.C. 28017 . 704-434-2357 COMMISSIONERS ROBERT B. HAMRICK, MAYOR PRO-TEM CLINE HAMRICK WILLIAM K. ELLIOTT BILL ELLIS q ALBERT GLENN V May 11, 1998 Mr. D. Rex Gleason, P.E. DWQ - Regional Supervisor 919 North Main Street Mooresville, NC 28115 Dear Mr. Gleason: ENVI T NA; TLC,\L MAY 9 . 1998 Mayor RICK HOWELL Town Administrator MARGRETTA McKEE Clerk Re: SOC Progress Report due 5/15/98 EMC SOC WQ 96-15 Town of Boiling Springs Cleveland County As required in Section 3 (c) of the above referenced document I am submitting the initial monthly progress report. Also you will find attached a copy of the summaries from the April 27, 1998 preconstruction conference. The following activities have taken..place.. in. meeting the applicable dates in Section 3 (b) of the SOC. April 27, 1998 - Preconstruction conference held with representatives from the Town, DWQ-SRF, West and Associates, NC -OSHA, Hickory Construction and Robertson Controls. (See attached) April 30, 1998 - Hickory Construction began mobilization moving equipment and materials on site. Two test holes were excavated to further determine rock depth on site. May 4, 1998 - Hickory Construction continued mobilization moving office trailers, cranes and earth moving equipment on site. A portion of the existing, fencing was removed. May 5-8, 1998 - Hickory Construction began construction of an access road to ensure adequate access for the Town's sludge tanker truck to the sludge basins. May 11, 1998 - Hickory Construction began excavation of the site for the new portion of the treatment facility. Page 2 - EMC SOC WQ 96-15 Progress Report May 11, 1998 The Town is pleased with the progress being made on this project and anticipates meeting all applicable dates and terms in the SOC. Also, in compliance with the infiltration and inflow terms of Section 3 (b) (3) the Town has completed the raising and replacement of approximately 60 manholes rings and covers in roadways, repaired or replaced 6 manholes, developed and implemented a systematic smoke testing plan which includes a flow monitoring plan which will enable the Town to isolate problems areas and completed construction of 1,000 if feet which replaces an inadequate terra cota outfall line on the GWU campus. The Town also continues to work with GWU on providing incentives for the replacement of existing fixtures and has required low flow plumbing fixtures for all new buildings. I trust the information contained in this progress report is sufficient in meeting the terms of the SOC. If you have questions or comments please feel free to contact me. Sincerely, cha Howell, r. , own Administrator ! cc: Mayor Max J. Hamrick Board of Commissioners Chester West, West and Associates, PA ! . JAMES B. HUNT.JR. l NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY April 28, 1998 Mr. J. Richard Howell, Jr. Town Administrator Town of Boiling Springs . P. O. Box 1014 Boiling Springs, NC 28017 1 SUBJECT: Town of Boiling Springs " Project No. CS370757-02 Preconstruction Conference Wastewater Treatment Facilities Dear Mr. Howell: A preconstruction conference was held on April 27, 1998 for the subject project. Attached is the agenda presented by the Construction Grants & Loans Section representative. Please review and file in your records. If you have any questions about this matter, please call me at (919) 715-6211. I look forward to working with you and the other meeting participants on this project. wt s Attachment DMB/nw West & Associates Hickory Construction Co. Robertson Controls PMB CIU SRF Sincerely, Daniel M. Blaisdell, P.E. Project Engineer Construction inspection Unit CONSTRUCTION GRANTS d LOANS B[CTION P.O. BOX 29579. RALK14H, NORTH CAROLINA 27626-0579 PHON9 919-733-6000 FrAX 01 9-71 5.6229 AN CQUAL OPPORTUNITY/ APPI RMATIV[ ACTION EMPLOYKR - 30% RI(CYCLLD/10% PO/T=CON/UM[R PAP[R 171�.i.'•�_! '.�';J,".0 :a�.iylt:I a��Li�lµ"J�y NCDEM STATE REVOLVING FUND CONSTRUCTION INSPECTION UNIT PRECONSTRUCTION CONFERENCE REPORT Name of Project: Town of Boiling Springs - Wastewater Facilities Improvements Project Number: CS370757-02 Loan Recipient: Town of Boiling Springs, NC Description of Work: Upgrade and expansion of existing wastewater facilities Authorized Representatives: 1. Loan Recipient: Mr. Rick Howell, Town Administrator 2. State: Mr. John R BloweA& Robert Massengill 3. Consulting Engineer: Chester R. West, P.E.; Benjamin B. Thomas, P.E. - West & Associates 4. A/E Inspector: Hal F. Hughes Date and Time of Conference: April 27, 1998 - 1:00 p.m. I NAME Rick Howell ; Jerry Gantt Daniel Blaisdell Benjamin Thomas, Bobby Bridges Hal Hughes David Barnwell Curt Eckard LIST OF ATTENDEES TITLE POLL # REPRESENTING Town Admire. (704)434-2357 Town of Boiling Springs DPW (704)434-2357 Town of Boiling Springs Project Engineer (919) 715-6211 NCDWQ Consulting Engr. (704)433-5661 West & Associates Elec. Contractor (704)734-2411 Robertson Company Resident Inspector (704)483-5661 West & Associates Safety Officer (919)662-4601 DOL - OSHA Vice President (704)322-9234 Hickory Construction CONSTRUCTION CONTRACT NO. A Contractor Name - Hickory Construction Co., Inc. Address - P. O. Box 1769, Hickory, NC 28603-1769 Contract No. - A Contract Amount - $1,185,125 Contract Description = General Construction Superintendent at Site - Mike Beard Eligible Contract Amount - $1,182,125 Date of NTP -.Wk of 5/11/98 Contract Time - 300 CDs Completion Date:Wk of 3/7/99 Liquidated Damages $200 Per Calendar Day CONSTRUCTION CONTRACT NO. B Contractor Name - Robertson Controls, Inc. Address - 515 Plato Lee Road, Shelby, NC 28150 Contract No. - B . Contract Amount.- $90,400 Eligible Contract Amount - $90,300 Contract Description - Electrical Construction Superintendent at Site - Bobby Bridges .! Date of NTP - Wk of 5/11/98 Contract Time - 300 CDs Completion Date - Wk of 3/7/99 Liquidated Damages - $200 (Per Calendar Day) ROLE OF THE CONSTRUCTION INSPECTION UNIT (CIU) 1. Conduct periodic inspections of the project. 2. Review change orders for necessity and reasonableness to determine eligibility for Loan funding. 3. Purpose: a. To assure that the overall objectives of the Loan are realized. I b. To assure that the Loan and project will be administered in accordance with Federal Laws regulations. C. To .advise and offer assistance to the Owner. To ensure contract compliance and construction in accordance with the approved contract documents. Wt1AW&UXWff1JM 1. Prior notice will be given; however, unannounced inspections will also be conducted. 2. Inspections will be conducted in two phases: a. Loan Administration b. Project Construction 3. During inspections, CIU will usually review at the job site for completeness and accuracy all shop drawings, submittals, inspector's field reports, as -built drawings, revised construction schedules and records of testing of materials and equipment, and discuss pending or executed change orders. 4. All equipment and materials on job site are requested to be properly stored, stockpiled, and protected. The job site is to be maintained in an acceptable manner. 5. Safe working conditions should be maintained at all times. The CIU will discuss safety violations which are potentially life endangering or threatening serious injury. If necessary, the CIU will take prompt action to notify' State and OSHA regional representatives of any noted conditions. 6. Results of the inspection will be discussed at the job site upon completion of the inspection. 7. Formal copies of the inspection report will be sent to the Recipient, A/E and other parties, if so desired. 8. In order to avoid the situation where the contractor is provided a final punch list of deficiencies by the both the A/E and the CIU, the CIU will accompany the, A/E on his final punch list inspection. 1. Recipient should notify'DENR-DWQ prior to commencement of any change order work, except for emergency situations, that change the scope of the project. 2. Recipient must obtain prior DENR-DWQ approval for any change orders in excess of $100,000 or any change orders which would necessitate an increase in the Loan amount. 3. Recipient should submit two (2) properly executed copies of change orders to DENR-DWQ. Change order forms should indicate the Federal project number, the correct change order number, name of contractor, contract number, and the date the change order was signed by all parties. 4. A complete detailed justification and clear description must be submitted with each change order to identify the need for the change. This submittal shall include justification and proper documentation for any requested time extensions. 5. Copies of new or revised contract drawings and/or specifications must be submitted with each change order. 6. Unless previously agreed unit prices are used, complete records of price negotiations shall be submitted with each change order. This should include such items as: a copy of the engineer's independent cost estimate, the construction contractor's cost breakdown, and the basis for the final negotiated settlement which would be a Memorandum of Negotiation. �- 7. Change orders will be disapproved until the above backup documentation is submitted. Work in place required by a non -State approved change order shall not be included in a contractor's partial payment request until the change order is approved. 8. Once the Recipient signs a change order, he obligates himself to the Contractor. The State is not obligated to approve the change order or reimburse the Recipient. 1. The Recipient and A/E should become familiar with their responsibilities,,as defined by 40 CFR. 2. Loan conditions must be met and Loan objectives achieved. 1. Recipient should submit all payment requests (SF271) to the State with backup documentation when requested. 2. Recipient should be aware of the 1st, 90%, and final milestone payment requirements. 3. Loan Agreement/Amendments and all conditions placed on them, if applicable, must be, satisfied prior to Loan payment. The Recipient was advised that the protection of the environment is a Loan requirement. It is necessary to comply with all environmental pollution control programs established by the city, State, and EPA. This includes, but is not limited to: 1. Protection of existing trees, shrubs, and grass. 2. Dust control of haul roads, excavation, work areas, and borrow areas. 3. Submitting an erosion control plan to the appropriate State agency. 4. Required treatment of Recipient's wastewater during construction. VARIOUS ITEMS 1. The approved set of contract drawings should be furnished to the Recipient, A/E inspector, and to each contractor's supervisor or foreman. These drawings are to be marked up as authorized changes occur and are to be .used in preparing as -built (record) drawings. These marked -up drawings shall be maintained and made available for State inspectors. 2. Prior to commencement of work, each contractor shall submit a "Construction Progress Schedule" (i.e. Bargraph, CPM, etc.) showing a breakdown of the principal features of construction with the contract costs. The schedule shall be prepared in such a way that the percentage of work completed and the work scheduled for completion at any given date may be determined. Also at the same time, each contractor shall submit an itemized breakdown which shall be xe basis on which the contractor's monthly estimates and progress payments will be made. This office is requesting copies of these submittals upon authorization of the Recipient's engineer. C r 3. Has a Section 404 permit (wetlands) been obtained? Yes No ' Not required X_ 4. Has.a section 10 permit (navigable waterways) been obtained? Yes No Not. required _X 5. List of gontract Addenda: Addendum No. State Approved (Yes/Ng) . 1 Yes (1/30/98) 2 Yes (1/30/98) 3 Yes (3/04/98) n TOWN OF BOILING SPRINGS WASTEWATER TREATMENT PLANT EXPANSION SRF PROJECT NO. CS 370757-02 PRECONSTRUCTION CONFERENCE MINUTES On April 27, 1998, at 1:00 PM a pre -construction conference was held at the Town of Boiling Springs Town Hall. A list of attendees is attached. The following items were discussed while led by Benjie Thomas: 1. Hickory Construction Company and Robertson Controls are expected to submit Agreements, Bonds, and Certificates of Insurance in one week. A Notice to Proceed is then expected to be issued and then construction activities are to begin during the week of May 11, 1998. 2. The Contractors were reminded to submit sub -agreements with any minority/women business enterprises. These must be submitted prior to the first pay application. 3. Applications for Payments are to be submitted to the Engineer on the 2P of each month with the accompanying documents required (Sales Tax Certification, Description of Completed Work, Receipts for Stored Materials, and Payroll Records). 4. The Town's personnel will videotape the existing site prior to construction. Hickory Construction personnel shall be present during the taping. 5. The contractors were reminded to maintain a minimum 12' wide access to the existing aerobic digesters at all times. 6. Hickory Construction Company shall obtain a building permit and shall notify the Town when it should apply for new power and telephone services. 7. The Contractors were reminded to not interfere with the operation of the existing WWTP and to coordinate any necessary changes in operation with the Town. 8. Each Contractor is to submit a Schedule of Values to the Engineer for approval, prior to the first pay application. 9. The Engineer shall perform labor interviews in accordance with the Davis -Bacon Act. Mr. Dan Blaisdell of NCDENR-DWQ discussed his role in inspections and review of documents. Progress'meetings are to be held at the WWTP at 1:00 PM on the .Second Tuesday of each month. The dates for the meetings are: June 9, 1998 July 14, 1998 August 11, 1998 September 8, 1998 October 13, 1998 November 10, 1998 December 8, 1998 January 12, 1999 February 9, 1998 March 9, 1999 All Change Orders will have to be approved by Division of Water Quality. Contractors were reminded that no open burning (other than cleared trees and brush with a permit) is Town of Boiling Springs WWTP Pre -construction Conference Minutes Page 2 allowed. Also, only days with rainfall in excess of 0.1 inches will be eligible as cause for time extensions. More details of Mr. Blaisdell's role and requirements are included in his letter to Rick Howell dated April 20, 1998. Mr. David Barnwell of the NC Dept. of Labor OSHA Division discussed his office's concerns and services. Contractors were reminded that worker, safety precautions are more cost effective than lack of precaution due to the high cost of accidents. He issued posters and illness/injuries records sheets that are to be kept posted by each contractor. Also, OSHA standards and guidebooks relevent to the project were given to each contractor. Submitted by Benjie Thomas, PE, West and Associates, PA NAME Rick Howell Joey Gantt Daniel Blaisdell Benjamin Thomas Bobby Bridges Hal Hughes David Barnwell LIST OF ATTENDEES TITLE PHONE# Town Administrator (704) 434-2357 Public Works Director (704) 434-2357 Project Engineer (919) 715-6211 Consulting Engineer (828) 433-5661 Electrical Contractor (704) 434-2411 Resident Inspector Safety Officer (828) 433-5661 (919) 662-4601 Curt Eckard . Vice President (828) 322-9234 REPRESENTING Town of Boiling Springs PO Box 1014 Boiling Springs, NC 28017 Town of Boiling Springs PO Box 1014 Boiling Springs, NC 28017 NCDWQ PO Box 29579 Raleigh, NC 27626-0579 West and Associates, PA 405 South Sterling Street Morganton, NC 28655 Robertson Controls, Inc. 515 Plato Lee Road Shelby, NC 28150 West and Associates, PA 405 South Sterling Street Morganton, NC 28655 DOL — OSHA Division of Occupational Safety and Health 319 Chapanoke Road Suite 105 Raleigh, NC 27603-3432 Hickory Construction, Inc. PO Box 1769 Hickory, NC 28601 DIVISION OF WATER QUALITY March 9, 1998 MEMORANDUM TO: Bob Sledge C n� FROM: D. Rex Gleason PREPARED BY: Patricia Beam SUBJECT: Stipulated Penalty Demand Town of Boiling Springs NPDES Permit No. NC0071943 EMC SOC WQ 96-15 Cleveland. County Attached are suggested letters for the Director's signature regarding payment of stipulated penalties for the violation of SOC interim (modified) limits during January, 1998. One suggested letter waives the penalty and one demands payment for the monthly average violation. Also attached are copies of the NOV and the response received from the Town. It is the opinion of this Office that the flow violation was preventable had the Town not allowed the overloading of its WWTP prior to obtaining approval for expansion. Based on the Town's response, this Office recommends that payment of the stipulated penalty for the violation be demanded. The Town's response letter to the stipulated penalty demand letter is the same letter which was initially submitted with the January, 1998 monthly monitoring report (dated February 12, 1998). Please advise if further information or action is needed. Enclosures NORTH CAROLINA DEPARTMENT OF "4, = ENVIRONMENT AND NATURAL RESOURCES MOORESVILLE REGIONAL OFFICE RlCDENR JAMES S. HUNTJR.('t1 -rA GOVERNOR e-A CERTIFIED MAIL RETURN RECEIPT REQUESTED .• WAYNE MCDEVITT --' R . SECRETARY ' ",-,?Mr. Rick Howell, Town Manager 5y �' Town of Boiling Springs Post Office Box 1014 _ Boiling Springs, NC 28017 -I Subject: Department of Environment and Natural Resources and 41 Environmental Management - Commission vs. Town of r r Boiling Springs SOC EMC WQ 96-15 Stipulated Penalty Town of Boiling Springs Cleveland County Dear Mr. Howell: � T E L = The Town of Boiling Springs entered into a Special Order by Consent (SOC may: EMC WQ 96-15) with the North Carolina Environmental Management Commission whereby operation of the Town of Boiling Springs Wastewater Treatment Plant has been placed under interim effluent limitations and an enforceable schedule while the - existing wastewater treatment plant is being upgraded. Under paragraph 3(d) of the Special Order by Consent, the Town is required to J comply with interim effluent limitations as set forth in the Consent Order. The Town failed to comply with the interim monthly average limitations for Flow contained in p Y Y g _ Attachment A of the Consent Order for the month of January, 1998. c� 1 You were notified of the violation and your right to justify the Town's failure to meet the interim effluent limitations in a Notice of Violation dated March 2, 1998. 919 NORTH MAIN STREET, MOORESVILLE, NORTH CAROLINA 281 15 PHONE 704-663-1699 FAX 704-663-6040 AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - SO% RECYCLED/1 O% POST -CONSUMER PAPER Mr. Rick Howell, Town Manager Town of Boiling Springs Page Two I have reviewed the Town's reply faxed on March 5, 1998, to the Mooresville Office, in which the Town indicates that the flow exceedance was caused by seven inches of rain that fell in January, 1998. Due to this "act of God", the Town requested that the stipulated penalty not be assessed. After careful review of this matter, I have not found grounds for sufficient justification to waive the stipulated penalty; therefore, and pursuant to paragraph 4 of the Special Order by Consent, a stipulated penalty in the amount of $1,000.00 is now due for the violation. Payment by certified check payable to the Department of Environment and Natural Resources must be submitted to the Department at the address given below within fourteen (14) days from receipt of this demand: Director Division of Water Quality Department of Environment and Natural Resources Post Office Box 29535 Raleigh, NC 27626-0535 You are reminded that payment of said penalties mentioned in this letter will not foreclose further penalties for any future or continuing violations, failure to meet deadline dates, or interim effluent violations. If you have any questions concerning this notification, please contact Mr. Bob Sledge at 919/733-5083 or Mr. D. Rex Gleason, Water Quality Regional Supervisor, at 704/663-1699 in the Mooresville Regional Office. Sincerely, A. Preston Howard, Jr., P.E. cc: Attorney General's Office SOC Files Mooresville Regional Office .r� I � , e �r NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES MOORESVILLE REGIONAL OFFICE CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Rick Howell, Town Manager Town of Boiling Springs Post Office Box 1014 Boiling Springs, NC 28017 Subject: Department of Environment and Natural Resources and Environmental Management Commission vs. Town of Boiling Springs SOC EMC WQ 96-15 Stipulated Penalties Town of Boiling Springs Cleveland County Dear Mr. Howell: The Town of Boiling Springs entered into a Special Order by Consent (SOC EMC WQ 96-15) with the North Carolina Environmental Management Commission whereby operation of the Town of Boiling Springs Wastewater Treatment Plant has been placed under interim effluent limitations and an enforceable schedule while the existing wastewater treatment plant is being upgraded. Under paragraph 3(d) of the Special Order by Consent, the Town is required to ii N comply with interim effluent limitations as set forth in the Consent Order. The Town = failed to comply with the interim monthly average limitations for Flow contained in -` Attachment A of the Consent Order for the month of January, 1998. ram{" You were notified of the violation and your right to justify the Town's failure "0 to meet the interim effluent limitations in a Notice of Violation dated March 2, 1998. 1 919 NORTH MAIN STREET, MOORESVILLE, NORTH CAROLINA 281 15 PHONE 704-663-1699 FAX 704-663-6040 AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER Mr. Rick Howell, Town Manager Town of Boiling Springs Page Two I have reviewed the Town's reply faxed on March 5, 1998, to the Mooresville Office, in which the Town indicates that the flow exceedance was caused by seven inches of rain that fell in January, 1998. Due to this "act of God", the Town requested that the stipulated penalty not be assessed. After careful review of this matter, I have found sufficient justification to waive the stipulated penalty. If you have any questions concerning this notification, please contact Mr. Bob Sledge at 919/733-5083 or Mr. D. Rex Gleason, Water Quality Regional Supervisor, at 704/663-1699 in the Mooresville Regional Office. Sincerely, A. Preston Howard, Jr., P.E. cc: Attorney General's Office SOC Files Mooresville Regional Office i Yu. 1 fG vue ... Town of Boifmg Spring' P.O. Box 1014 BOILING SPRINGS. N.C. 28017 704-434-2357 COMMISSIONERS R09ERT 8, HAMRICK. MAYOR PRO-TEM CLINE MAMPICK MLLIAM K. ELUOTT BILL ELLIS ALBERT GLENN - Charles Wiesner Town of Boiling Springs PO Box 1014 Boiling Springs, NC 28017 2/12/98 Subject: Bob Sledge DENR PO Box 29535 Raleigh, NC 27626-0535 Dear Mr. Sledge: fvl Violation Special Order of Cony EMCWQ 96-15 Town of Boiling Springs Cleveland County MAX H"R1CK Mayor RICK NOWELL TOwn AdmWalydtor MARGRETTA MGKEE Ulm The Special Order of Consent (SOC) dated December 5, 1997 allowS the maximum daily flow to be .350 MOD. January 1998 the average monthly flow was .357 MOD. This puts The Town Of Boiling Springs in violationof the SOC. The following rainfall data was recorded at the WWTP during the month of January 1998 as Follows: 1-0 17-.95 2-0 18-0 3-0 19-.4 4-0 20-.1 5-< 1 21-0 6-.15 22-0 7-.2 23-1.0 8-.9 24-0 9.0 25-0 03/05/98 11:44 TOWN OF BOILING SFRINGS - 17046636040 NO. 172 903 10-0 26-0 11-0 27-.5 12-0 28-2,1 13-.1 29-0 14-0 30-0 15-.5 31-0 16-.5 Total 7 inches on page four of SOC EMCWQ 96-15 #5 section a, is the stipulation "An act of God". I am requesting the Town of Boiling Springs not have to pay the $1000 Lie because 7" of rain in January be considered an act of God. The Town of Boiling Springs WWTP met the effluent limitations for January 1998. If you have any questions conccraing this mport, please contact me at 704-434-5600 WWTP, Respectfully SubmiU4 Charles Wiesner GRC cc: Rick Howell Town Administrator Joey Gantt Public Works Director Patricia Beam DENR Kevin Jones Culligan Operating Services • NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES MOORESVILLE REGIONAL OFFICE "DOG ;kl JAMES B. HUNT JR. ' GOVERNOR DIVISION OF WATER QUALITY March 2, 1998 WAYNE MCDEVITT SECRETARY ' CERTIFIED MAIL RETURN RECEIPT REQUESTED The Honorable Max J. Hamrick Town of Boiling Springs -'Post Office Box 1014. Boiling Springs, NC 28017 Subject: Notice of Violation Town of Boiling Springs EMC SOC WQ 96-15 NPDES Permit No. NCO071943 Cleveland County Dear Mayor Hamrick: This letter is to inform you that a review of the Town's self -monitoring report for the month of January, 1998 indicates violations of the Special Order by Consent (SOC) modified effluent limits for Flow as follows: Reported Limit Pipe Parameter Value/Unit Value/Type/Unit - - 001 Flow 0.357 MGD 0.350 MGD = You are directed to take whatever remedial actions are necessary to correct the problem. The Special Order by Consent contains a stipulated penalty of $1,000.00 for each violation of interim effluent limitations. Paragraph 5 of the Special Order by Consent states in part that the stipulated penalties are not due if the Town satisfies the Division that noncompliance was caused oy events or circumstances beyond the Town's control. 91 9 NORTH MAIN STREET, MOORESVILLE, NORTH CAROLINA 281 1 S _ - PHONE 704-663-1 699 FAX 704-663-6040 AN EQUAL OPPORTUNITY AFFIRMATIVE ACTION EMPLOYER - SO o RECYCLED/1 Oq POST -CONSUMER PAPER The Honorable Max J. Hamrick Town of Boiling Springs Page Two March 2, 1998 If you have justification that these violations were caused by events or circumstances beyond the Town's control, you must reply in writing to the Mooresville Regional Office within ten (10) days after receipt of this Notice. Your justification will be reviewed and a recommendation forwarded to the Director for his consideration. In the absence of such justification, this Office shall proceed with a recommendation that the Director demand payment of the stipulated penalty as included in the Special Order by Consent. If you have any questions concerning this matter, please contact either Patricia Beam, Mr. Rex Gleason, Water Quality Regional Supervisor, or me at the letterhead address or 704/663- 1699. Sincerely, Barbara S. Christian, P.G. Acting Regional Supervisor cc: SOC Files Central Files Town of Boiling Springs P.O. BOX 1014 BOILING SPRINGS; N.C. 28017 OF 704-434-2357�� TIC , L ...._ _ iaC3S COMMISSIONERS ROBERT B. HAMRICK, MAYOR PRO-TEM CLINE HAMRICK WILLIAM K. ELLIOTT BILL ELLIS ALBERT GLENN Charles Wiesner Town of Boiling Springs PO Box 1014 Boiling Springs, NC 28017 2/12/98 Subject: Bob Sledge DENR PO Box 29535 Raleigh, NC 27626-0535 Dear Mr. Sledge: MAX HAMRICK Mayor ..!998 RICK HOWELL Town Administrator Violation Special Order of Consent EMCWQ 96-15 Town of Boiling Springs Cleveland County RGRETTA McKEE Clerk The Special Order of Consent (SOC) dated December 5, 1997 allows the maximum daily flow to be .350 MGD. January 1998 the average monthly flow was .357 MGD. This puts The Town of Boiling Springs in violation.of the SOC. The following rainfall data was recorded at the WWTP during the month of January 1998 as follows: 1-0 17-.95 2-0 18-0 3-0 19-.4 4-0 20-.1 5-<.l 21-0 6-.15 22-0 7-.2 23-1.0 8-.9 24-0 9-0 25-0 10-0 26-0 11-0 27-.5 12-0 28-2.1 13-.1 29-0 14-0 30-0 15-.5 31-0 16-.5 Total 7 inches On page four of SOC EMCWQ 96-15 #5 section a. is the stipulation "An act of God". I am requesting the Town of Boiling Springs not have to pay the $1000 fine because 7" of rain in January be considered an act of God. The Town of Boiling Springs WWTP met the effluent limitations for January 1998. If you have any questions concerning this report, please contact me at 704-434-5600 WWTP. Respectfully Submitted, Charles Wiesner ORC cc: Rick Howell Town Administrator Joey Gantt Public Works Director Patricia Beam DENR Kevin Jones Culligan Operating Services EFFLUENT NPDES PERMIT NO. N C 0 0 7194 3 DISCHARGE NO. 0 01 MONTH YEAR / 9'3 FACILITY NAMETawn of Boi li ngynri_ngs CLASS 1_ COUNTY Cleveland OPERATOR IN RESPONSIBLE CHARGE (ORC) Cka rkis GRADES PHONE 7 A 4 - y 34-S-6ed CERTIFIED LABORATORIES (1) Hydrologic INC. (2) CHECK BOX IF ORC HAS CHANGED r PERSON(S) COLLECTING SAMPLES_ Mail ORIGINAL and ONE COPY to: ATTN: CENTRAL FILES x X�- DIV. OF ENVIRONMENTAL MANAGEMENT (SIGNATURE OF OPERATOR IN RESPONSIBLE CHARGE)= y 'DATE -a, DEHNR BY THIS SIGNATURE, I CERTIFY THAT THIS REPORT P.O. BOX 2953S ACCURATE AND COMPLETE TO THE BEST OF MY KNOSYLEDGE w c, QAI.Frru_ ar 2767"919 _ , 6 S 19 q ®m- mm�- r auy BEM Form MR-1 (12/93) Facility Status: (Please check one of the following) All monitoring data and sampling frequencies meet permit requirements Compliant All monitoring data and sampling frequencies do NOT meet permit requirements Noncompliant If the facility is noncompliant, please comment on corrective actions being taken in respect to equipment, operation, maintenance, et and a time table for improvements to be made. . rvWTP ,S } V\ CAaI1V .L1Ati-)_ H /eTt1l r9i 2,cn/A:r►of*ioH nrCO-kAelV1ie3 fj%s. nInl1_ "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordant with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." R :cic Yow e- I I Permittee ase p ' o type) is W Signature o ermittee** Date lcry,-,, C boy- 113V-R3S7 G136199 Soot Permittee Address Phone Number Permit Exp. Date PARAMETER CODES 00010 Temperature 00556 Oil & Grease 00951 Total Fluoride 01067 Nickel 00076 Turbidity 00600 Total Nitrogen 01002 Total Arsenic 01077 Silver 00080 Color (Pt -Co) 00610 Ammonia Nitrogen 01092 Zinc 00082 Color (ADMI) 00625 Total Kjeldhal 01027 Cadmium 01105 Aluminum Nitrogen 00095 Conductivity 00630 Nitrates/Nitrites 01032 Hexavalent Chromium 01147 Total Selenium 00300 Dissolved Oxygen 01034 Chromium 31616 Fecal Coliform 00310 BOD5 00665 Total Phosphorous 32730 Total Phenolics 00340 COD 00720 Cyanide 01037 Total Cobalt 34235 Benzene 00400 pH 00745 Total Sulfide 01042 Copper 34481 Toluene 00530 Total Suspended 00927 Total Magnesium - 38260 MBAS Residue 00929 Total Sodium 01045 Iron 39516 PCBs 00545 Settleable Matter 00940 Total Chloride 01051 Lead 50050 Flow 50060 Total Residual Chlorine 71880 Formaldeh] 71900 Mercury 81551 Xylene Parameter Code assistance may obtained by calling the Water Quality Compliance Group at (919) 733-5083, extension 581 or 534. The monthly average for fecal coliform is to be reported as a GEOMETRIC mean. Use only units designated in the reporting facility's permit for reporting data. * ORC must visit facility and document visitation of facility as required per 15A NCAC 8A .0202 (b) (5) (B). ** If signed by other than the permittee, delegation of signatory authority must be on file with the state per 15A NCAC 2B .0506 (b) (2) (D). .` INFLUENT NPDES NO. NC 0 0 719 4 3 DISCHARGE NO. 0 01 MONTH J YEAR 19 FACILITYNAME Town of Boiling Springs COUNTY Cleveland 00400 00010 00310 00610 00530 ENTER PARAMETER CODE ABOVE NAME AND UNITS BELOW O F d z A F $ � x �� AV zo Fzo A N O °i WW �N a Oaf wU ez E 4 O F., HRS HRS UNITS ° C MG/L 1 MG/L 1 MG/L R DEM Form MR-2 (12/93) 111 : r to V`9 `925 y • LJ IVU . VV4 r-. V l HYDROLOGIC91NCN moms TOWN OF BOILING SPRINGS CULLIGAN OPERATING SVS 951 SAND HILL ROAD ASHEVILLE, NC 28806- Attn: CRYSTAL LEAR (Page 1 of 1) SAMPLE LAB No. DATE TIME 13.4715 01/05/98 0930 114716 01/05/98 0935 314717 01/06/98 1021 REPORT OF ANALYSES nto ! vt It^pos roml jle j FOR N6I9 To r�(101 1e5IJJ�es � PROJECT NAME: BOILING SPRINGS DATE: 01/16/98 DELIVERY TO LAB SAMPLER DATE TIME MATRIX CHARLES WIESNER 01/06/98 1320 WW CHARLES WIESNER 01/06/98 1320 WW CHARLES WIESNER 01/06/98 1320 WW CLIENT STATION ID: BOILING SPRINGS BOILING SPRINGS BOILING SPRING: OFF' IN1:' LAB 0: 114715 114716 114717 mg/1 <2.0 99.0 N.R. B011 N.R. 1 FECAL COLIFORM col/100m1 N.R. 4.0 50.0 N.R. TOTAL SUSPENDED SOLIDS mg/1 0.4 N.R. N.R. AMMONIA NXTROGEN mg/1 NOTE: N. . R. . = ANALYSIS NOT RF;QUIRlwD oz LABORATORY DIRECTOR Nt.' I. V t:37' 1: (:� Ul•;iiC: yyyUlo P.O. BOX 18029 ASHEVILLE NC 28814.0029 704.254.5159 FAX: 704-252.9711 / TOLL FREE: 800.344-5759 Piedmont Laboratory, Inc. 702 N. Morgan Street PO Box 2548 Shelby, North Carolina 28150 Town of Boiling Springs PO Box 1014 Boiling Springs, North Carolina 28017 Atten: Charles Wiesner sample ID # BSE 0121 Date C011eded :01121/98 Time Collected :08:41 Received Date :01/21/98 Time Received .09:55 SanWle Matrix :Water Test Result Units Report Limit FECAL <2 mgA 2 Analytical Report February 1, 1998 Quan DF Test Analyst Method Limit Date 2 1 01Q1198 NPR EPA 6M.0 Respectfully Submitted 0' A e McMurray Piedmont Laboratories, I c NC#307 SC #99041 Piedmont Laboratory, Inc. 702 N. Morgan Street PO Box 2548 Shelby, North Carolina 28150 Analytical Report February 2, 1998 Town of Boiling Springs PO Box 1014 Boiling Springs, North Carolina 28017 Atten: Charles Wiesner Sample ID # BSE 0121 Date Collected :01/21/98 Time Collected :15:57 Received Date :01/22/98 Time Received :09:40 Sample Matrix : Water Test Result Units Report Quan DF Test Limit Limit Date BOD <5 mgA 5 5 1 01/22/98 TSS <1 m9A 1 1 1 01/22/98 Ammonia 9.25 mgA .5 .5 1 01/29/98 Analyst Method FBL EPA 405.1 NPR EPA 160.2 FBL EPA 350.3 Respectfully Submitted aA Annette McMurray Piedmont Laboratories, In NC#307 SC #99041 Piedmont Laboratory, Inc. 702 N. Morgan Street PO Box 2548 Shelby, North Carolina 28150 Analytical Report February 2,1998 Town of Boiling Springs PO Box 1014 Boiling Springs, North Carolina 28017 Atten: Charles Wiesner Sample ID # BSE 0122 Date Collected :01/22/98 Time Collected :15:45 Received Date :01/2398 Time Received 10:48 Sample Matrix : Water Test Result Units Report Quan DF Test Analyst Method Limit Limit Date BOD <5 mg/I 5 5 1 01/23/98 FBL EPA 405.1 TSS 12 mg/I 1 1 1 01/23/98 NPR EPA 160.2 Respectfully Submitted rn Annette McMurray Piedmont Laboratories, NC#307 SC #99041 Piedmont Laboratory, Inc. 702 N. Morgan Street PO Box 2548 Shelby, North Carolina 28150 Analytical Report February 3,1998 Town of Boiling Springs PO Box 1014. Boiling Springs, North Carolina 28017 Atten: Charles Wiesner Sample ID # Boiling Springs (Effluent) Date Collected :01/27/98 Time Collected :08:33 Received Date :01/27/98 Time Received :11:29 Sample Matrix :Water Report Quan Dil Test Parameter Result Unit Limit Limit Factor Date Analyst Method BOD 7 mg/I 5.0 5.0 1.0 01/28/98 NPR EPA405.1 TSS <1 mg/I 1.0 1.0 1.0 01/28/98 NPR EPA160.2 Fecal <2 Coioniecr 2 2 1.0 01/27/98 NPR EPA600.0 100 mis Ammonia 6.5 mg/I .5 .5 1.0 01/28/98 FBL EPA350.3 Respectfully Submitted Peeurray Piedmont Laboratories, NC#307 SC #99041 1D: t- tb Uy - j?3 y - zo iw . uva r . vz) HYDROLOGIUNCe REPORT OF ANALYSES TOWN OF BOILING SPRINGS CULLIGAN OPERATING SVS 951 SAND HILL ROAD ASHEVIILE, NC 28806- Attn: CRYSTAL LEAR (Page 1 of 1) SAMPLE LAB No. DATE TIME SAMPLER 115256 01/20/98 0741 CHARLES WIESNER PROJECT NAME: BOILING SPRINGS DATE: 01/30/98 DELIVERY TO LAB DATE TIME MATRIX 01/20/9B 1135 WW CLIENT STATION ID: BOILING SPRINGS INF LAB #; JIS258 BOP mg/1 12.0 TOTAL SUSPENDED SOLIDS mg/l 190.0 / l LABORATORY DIRECTOR' LABO f 1? 1V] .17 !V #F. i 17 P.U. BOX 18029 ASHEVILLE NC 20814-0029 704.254.5169 FAX: 704-252.9711 / TOLL FREE: 800-344 5759 Piedmont Laboratory, Inc. 702 N. Morgan Street PO Box 2548 Shelby, North Carolina 28150 Analytical Report February 3, 1998 Town of Boiling Springs PO Box 1014 Boiling Springs, North Carolina 28017 Atten: Charles Wiesner Sample ID # Boiling Springs (Influent) Date Collected :01/26/98 Time Collected :08:31 Received Date :01/27/98 Time Received :11:29 Sample Matrix :Water Report Quan Dil Test Parameter Result Unit Limit Limit Factor Date Analyst Method BOD 171 mg/I 5.0 5.0 1.0 01/28/98 NPR EPA405.1 TSS 31 mg/1 1.0 1.0 1.0 01/28/98 NPR EPA160.2 Respectfully Submitted P11 �. tteMcMuffay Piedmont Laboratories, c NC#307 SC #99041 ID: FEB 09'98 .9:25 No.004 P.03 HYDROLOGICACs REPORT OF ANALYSES TOWN OF BOILING SPRINGS CULLIGAN OPERATING SVS 951 SAND HILL ROAD ASHEVILLE, NC 28806- Att:, : CRYSTAL LEAR (Page 1 of 1) PROJECT NAME: BOILING SPRINGS DATE: 01/22/98 SAMPLE DELIVERY TO LAB LAB NO. DATE TIME SAMPLER DATE TIME MATRIX 115035 O1/12/98 0959 CHARLES WIESNER 01/13/99 1305 WW 115036 01/12/98 0859 CHARLES WIESNER 01/13/98 1305 wW 115037 01/13/98 1021 CHARI,FS WIESNER 01/13/98 1305 ww CLIENT STATION ID: BOILING SPRINGS BOILING SPRINGS BOILING SPRINGS EFF INF FFF LAB #; 115035 115036 115037 mq/1 3.0 >456.0 N.R. BOP FECAL COLIFORM col/100m1. N.R. N.R. 77.0 1 7 c1 N.R. TOTAL SUSPENDED SOLIDS mg/l 4.5 4 1 N N.R. AMMONIA NITROGEN mg/1 NOTE: N. R. = ANALYSIS NOT REQUIRED r i LABORATORY DIRECTOR P.n BOX 18029 ASHEVILLE NG 20814.0029 704-25d•5169 FAX: 704.252.9711 1TOLL FREF:800-344.5759 NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES MOORESVILLE REGIONAL OFFICE DIVISION OF WATER QUALITY January 22, 1998 Mr. Richard Howell, Town Administrator Town of Boiling Springs Post Office Box 1014 Boiling Springs, N.C. 28017 Subject: SOC Correction EMC SOC WQ 96-15 Town of Boiling Springs Cleveland County, N.C. Dear Mr. Howell: This letter serves as notification of a correction in the Special Order of Consent signed on 12/3/97 by the Director. On the original Attachment A, the statement which reads "During the period beginning on the effective date of this Special Order and lasting until January 31, 1998, the Company is authorized to discharge from outfall serial number 001. Such discharge shall be limited and monitored by the Company as specified below:" should read "During the period beginning on the effective date of this Special Order and lasting until March 1. 1999, the Town is authorized to discharge from outfall serial number 001. Such discharge shall be limited and monitored by the Town as specified below:" Please find enclosed a corrected Attachment A page. Replace the original page with enclosed new page and discard the original page. Thank you for your cooperation. If you have any questions, please feel free to contact Ms. Patricia Beam or Mr. Richard Bridgeman of this Office at (704) 663-1699. Attachment IN C Sincerely, D. Rex Gleason, P.E. Water Quality Regional Supervisor 919 NORTH MAIN STREET, MOORESVILLE, NORTH CAROLINA 281 15 PHONE 704-663-1 699 FAX 704-663-6040 AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER ATTACHMENT A SOC EMC WQ NO. 96-15 NPDES PERMIT NO. NCO071943 EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS -Interim "IN During the period beginning on the effective date of this Special Order and lasting until March 1, 1999, the Town is authorized to discharge from outfall serial number 001. Such discharge shall be limited and monitored by the Town as specified below: Effluent Characteristics Discharge Limitations Monitoring Requirements Measurement Sample * Sample Monthly Avg_ Weekly Avg Dail, Max. Frequency Tyne Location Flow 0.350 MGD Continuous Recorder I or E BOD, 5 Day, 20°C** 40.0 mg/1 60.0 mg/1 Weekly Composite E,I Total Suspended Residue** 50.0 mg/1 65.0 mg/1 Weekly Composite E I NH3 as N 2/Month Composite E Fecal Coliform (geometric mean) Monitoring Only Weekly Grab E Total Residual Chlorine 2/week Grab E Temperature, °C Weekly Grab E Total Nitrogen (NO2+NO3+TKN) Semi -Annually Composite E Total Phosphorus Semi -Annually 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). 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. Town of Boiling Springs COMMISSIONERS ROBERT B. HAMRICK, MAYOR PRO-TEM CLINE HAMRICK WILLIAM K. ELLIOTT BILL ELLIS ALBERT GLENN September 4, 1997 Mr. D. Rex Gleason, P.E. Regional Supervisor DEHNR - DWQ 919 North Main Street Mooresville, NC 28115 Dear Mr. Gleason: P.O. BOX 1014 BOILING SPRINGS, N.C. 28017'L^.T 704-434-2357 %iN'Y` _?r;�,x, :- 'z Tri MAX HAMRICK _ .... Mayor e ?'P d f99� RICK HOWELL Town Administrator L Vlsa' MARGRETTA McKEE _, -„If Clerk Re: Town of Boiling Springs EMC SOC WQ 96-15 Cleveland County, NC Please find enclosed one original copy of the executed Special Order By Consent as referenced above. This agreement was approved by the Town Board of Commissioners at its regular meeting held Tuesday, September 2, 1997. It is anticipated that the town will receive approval to solicit bids for expansion of the WWTP within the next 60-90 days with construction beginning during the first quarter of 1998. In the interim the town has made great strides in achieving compliance on a consistent basis although areas of concern still remain. One of these concerns involves the occurrence of I/I during the wet weather months. It is my understanding from our earlier conversations that I/I flows during these months would be taken into consideration in relation to the modified flow limit of 350,000 gpd as long as the town is making progress on the plant expansion and is in compliance with the other modified limits. This is of obvious concern due to the potential for heavy rains during certain times of the year. If you have questions or if I can be of any assistance please feel free to contact me. Sin ely, c S'and owell, J Jr. cc: Mr. Jerry Twiggs, West and Associates, P.A. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION COUNTY OF CLEVELAND IN THE MATTER OF ) NORTH CAROLINA ) SPECIAL ORDER BY CONSENT NPDES PERMIT ) EMC WQ NO. 96-15 NO. NC0071943 ) HELD BY THE TOWN ) OF BOILING SPRINGS ) 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 Boiling Springs, 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: The Town and the Commission hereby stipulate the following: (a) That the Town holds North Carolina NPDES Permit No. NC0071943 for operation of an existing wastewater treatment works and for making an outlet therefrom for treated wastewater to Sandy Run Creek, Class C waters of this State in the Broad River Basin, but is unable to comply with the final effluent limitations for Flow, BOD5, TSR, and Fecal Coliform as set forth in the Permit for Outfall 001. Compliance will require the Town to prepare plans and specifications for the construction of additional treatment works, plus improvements and modifications to the existing wastewater treatment and collection system. (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 50,000 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 or will secure 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. (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. SOC EMC WQ 96-15 Page Two 2. The Town agrees to pay the North Carolina Department of Environment, Health, and Natural Resources the sum of $12,456.00 for violations of G.S. 143-215.1 and NPDES Permit No. NC0071943. The payment shall be submitted to the Director of the Division of Water Quality, Post Office Box 29535, Raleigh, North Carolina 27626-0535, within thirty (30) days of the signing 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. This settlement covers violations accruing subsequent to May, 1995. 3. The Town, 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 NPDES permit except those effluent limitations identified in paragraph 1(a) above and 3(e) below. Should the permit be modified or renewed during the period this Special Order is in effect, then comply with all terms and conditions of the permit except those effluent limitations that have been modified, as identified in paragraph 3(e) below. See Attachments A for all current monitoring requirements and effluent limitations. The Town may also be required to monitor for other parameters as deemed necessary by the Director in future permits or administrative letters. (b) Undertake the following activities in accordance with the indicated time schedule: 1) Submit plans and specifications for the new facility by December 31, 1996. MET 2) After receiving appropriate permits from the Division, begin construction of a 0.300 MGD wastewater treatment plant parallel to the existing facility by April 30, 1998. 3) Complete construction of parallel treatment units, complete repairs and modifications to the existing system, and complete inflow/ infiltration work on the collection system (as outlined in the October 4, 1995 letter for fiscal year 1996-1997) by January 1, 1999. 4) Attain compliance with final effluent limitations by March 1, 1999. (c) Submit to the Mooresville Regional Office, located at 919 North Main Street, Mooresville, North Carolina 28115, monthly progress reports relative to activities identified in paragraph 3(b) above. The first report is due on May 15, 1998, with similar reports due the fifteenth (15) day of each subsequent month. SOC EMC WQ 96-15 Page Three (d) Comply with all terms and conditions of the permit except those effluent limitations identified in paragraph 1(a) above. See Attachment A for all monitoring require- ments 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. (e) During the time in which this Special Order by Consent is effective, comply with the interim effluent limitations contained in Attachments A, except as provided for in paragraph 3(a) above should the permit be modified or renewed. The following reflects only the limitations that have been modified from NPDES requirements by this Order: Outfall Serial No. 001: Parameters Flow BOD5 TSR Fecal Coliform Permit Limits Mon. Avu. Weekly Avg. 0.300 MGD N/A 30.0 mg/l 30.0 mg/l 45.0 mg/l Modified Limits Mon. Avg. Weekly Avg 0.350 MGD N/A 40.0 mg/l 60.0 mg/l 45.0 mg/l 50.0 mg/l 65.0 mg/1 Monitoring Only (f) No later than 14 calendar days after ay date identified for accomplishment of my activi listed in 3Db above, submit to the Director of the North Carolina Division of Water Quality (DWO) written notice of compliance or noncompliance therewith. In the case of noncompliance, the notice shall include a statement of the reasons for noncompliance, remedial actions taken, and a statement identifying the extent to which subsequent dates or times for accomplishment of listed activities may be affected. (g) Enforce the water conservation provisions of the State Building Code as it applies to new residential construction (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). SOC EMC WQ 96-15 Page Four 4. The Town agrees that unless excused under paragraph 5, the Company will pay the Director of DWQ, by check payable to the North Carolina Department of Environment, Health and Natural Resources, according to the following schedule for failure to meet the deadlines set out in paragraphs 3(b) and 3(f), or failure to attain compliance with the effluent limitations/ monitoring requirements contained in Attachments A, except as provided for in paragraph 3(a) above. Failure to meet a schedule date $100/day for the first 7 days;$500/day thereafter Violation of any limit modified $1000 per violation by this Order Monitoring frequency violations $100 per omitted value per parameter Failure to submit progress reports $50/day for the first 7 days; $250/day thereafter identified in paragraph 3(c). Failure to achieve compliance with $2000 final effluent limits at final compliance deadline 5. The Town and the Commission agree that the stipulated penalties are not due if the Town satisfies the DWQ 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 Town or if the act or omission occurs in connection with a contractual relationship with the Town; d. An extraordinary event beyond the Town's control. Contractor delays or failure to obtain funding will not be considered as events beyond the Town'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 thirty 30 days has elapsed. SOC EMC WQ 96-15 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: 50,000 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 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. 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- 215.6C. 8. 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. NC0071943. In the event of an NPDES permit modification or renewal, any effluent limitations 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 3(e) above. 9. The Town, upon signing the Special Order by Consent, will be expected to comply with all schedule dates, terms, and conditions of this document. 10. This Special Order by Consent shall expire on June 30, 1999. SOC EMC WQ 96-15 Page Six For the Town of Boiling Springs: �10-1�01K Date a (Title) For the North Carolina Environmental Management Commission Date Chair of the Commission ATTACHMENT A SOC EMC WQ NO. 96-15 NPDES PERMIT NO. NCO071943 EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS -Interim During the period beginning on the effective date of this Special Order and lasting until January 31, 1998, the Company is authorized to discharge from outfall serial number 001. Such discharge shall be limited and monitored by the Company as specified below: Effluent Characteristics Discharge Limitations Monitoring Requirements Measurement Sample * Sample Monthly Avg Weekly Avg- Daily Max. Freaue� Type Location Flow 0.350 MGD Continuous Recorder I or E BOD, 5 Day, 20°C** 40.0 mg/1 60.0 mg/1 Weekly Composite E,I Total Suspended Residue** 50.0 mg/1 65.0 mg/1 Weekly Composite E,I NH3 as N 2/1\4onth Composite E Fecal Coliform (geometric mean) Monitoring Only Weekly Grab E Total Residual Chlorine 2/week Grab E Temperature, °C Weekly Grab E Total Nitrogen (NO2+NO3+TKN) Semi -Annually Composite E Total Phosphorus Semi -Annually Composite E * Sample locations: E - Effluent, I - Influent ** The monthly average effluent BOD; and Total Suspended Residue concentrations shall not exceed 15% of the respective influent value (85% removal). 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. State of North Carolina Department of Environment, Health and Natural Resources Mooresville Regional Office James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Mr. Rick Howell, Town of Boiling P.O. Box 1014 Boiling Springs, Dear Mr. Howell: _� ` • • lid lllft�Nk 1DEHNFR DIVISION OF WATER QUALITY January 29, 1997 City Manager Springs North Carolina 28017 Subject: Special Order by Town of Boiling NPDES Permit No. EMC WQ 96-15 Cleveland County Consent Springs NCO071943 Enclosed please find a copy of an updated Special Order by Consent (SOC) developed in response to your request for modification of construction and compliance dates in the SOC time schedule for the Town of Boiling Springs. If you are satisfied with 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 approval. Should you have questions or require assistance, please do not hesitate to contact either Patricia Beam or me at 704/663-1699. Sincerely, D. Rex Gleason, P. E. Water Quality Regional Supervisor Enclosure PB 4C FAX 704-663-6040 Mooresville, North Carolina 28115 An Equal Opportunity/Affirmative Action Employer 919 North Main Street, ®� Voice 704-663-1699 500% recycled/10% post -consumer paper NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION COUNTY OF CLEVELAND IN THE MATTER OF ) NORTH CAROLINA ) NPDES PERMIT ) NO. NC0071943 HELD BY THE TOWN ) OF BOILING SPRINGS ) SPECIAL ORDER BY CONSENT EMC WQ NO. 96-15 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 Boiling Springs, 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. NC0071943 for operation of an existing wastewater treatment works and for making an outlet therefrom for treated wastewater to Sandy Run Creek, Class C waters of this State in the Broad River Basin, but is unable to comply with the final effluent limitations for Flow, BODS, TSR, and Fecal Coliform as set forth in the Permit for Outfall 001. Compliance will require the Town to prepare plans and specifications for the construction of additional treatment works, plus improvements and modifications to the existing wastewater treatment and collection system. (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 200,000 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 or will secure 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. SOC EMC WQ 96-15 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 $16,770.00 in full settlement for violations of G.S. 143-215.1 and NPDES Permit No. NC0071943. The payment shall be submitted to the Director of the Division of Water Quality, Post Office _Box 29535, Raleigh, North Carolina 27626-0535, within thirty ( 30 ) days of the signing 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. This settlement covers violations accruing subsequent to May, 1995. 3. The Town, 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 NPDES permit except those effluent limitations identified in paragraph 1(a) above and 3(e) below. Should the permit be modified or renewed during the period this Special Order is in effect, then comply with all terms and conditions of the permit except those effluent limitations that have been modified, as identified in paragraph 3(e) below. See Attachments A for all current monitoring requirements and effluent limitations. The Town may also be required to monitor for other parameters as deemed necessary by the Director in future permits or administrative letters. (b) Undertake the following activities in accordance with the indicated time schedule: 1) Submit plans and specifications for the new facility by December 31, 1996. MET 2) After receiving appropriate permits from the Division, begin construction of a 0.300 MGD WWT plant parallel to the, existing facility by October 31, 1997. 3) Complete construction of parallel Aero-Mod treatment units, complete repairs and modifications to the existing system, and complete inflow/ infiltration work on the collection system (as outlined in the October 4, 1995 letter for fiscal year 1996-1997) by August 31, 1998. SOC EMC WQ 96-15 Page Three 4) Attain compliance with final effluent limitations by November 30, 1998. (c) Submit to the Mooresville Regional Office, located at 919 North Main Street, Mooresville, North Carolina 28115, monthly progress reports relative to . activities identified in paragraph 3(b) above. The first report is due on December 15, 1997, with similar reports due the fifteenth (15) day of each subsequent month. (d) Comply with all terms and conditions of the permit except those effluent limitations identified in paragraph 1(a) above. See Attachment A for all 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. ( e ) During the time in which this Special Order by Consent is effective, comply with the interim effluent limitations contained in Attachments A, except as, provided for in paragraph 3(a) above should the permit be modified or renewed. The following reflects only the limitations that have been modified from NPDES requirements by this Order: Outfall Serial No. 001: Parameters Permit Limits Modified Limits Mon. Avg. Weekly Avg. Mon. Avg, Weekly Avg. Flow 0.300 MGD N/A 0.500 MGD N/A BOD5 30.0 mg/l 45.0 mg/l 40.0 mg/l 60.0 mg/1 TSR 30.0 mg/1 45.0 mg/l 50.0 mg/l 65.0 mg/1 Fecal Coliform Monitoring Only (f) No later than 14 calendar days after any date identified for accomplishment of any activity listed in 3(b) above, submit to the Director of the North Carolina Division of Water Quality DW 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. SOC EMC WQ 96-15 Page Four (g) Enforce the water conservation provisions of the State Building Code as it applies to new residential construction (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). 4. The Town agrees that unless excused under paragraph 5, the Company will pay the Director of DWQ, by check payable to the North Carolina Department of Environment, Health and Natural Resources, according to the following schedule for failure to meet the deadlines set out in paragraphs 3(b) and 3(f), or failure to attain compliance with the effluent limitations/ monitoring requirements contained in Attachments A, except as provided for in paragraph 3(a) above. Failure to meet a schedule date $100/day for the first 7 days; $500/day thereafter Violation of any limit modified by this Order Monitoring frequency violations Failure to submit progress reports identified in paragraph 3(c). $1000 per violation $100 per omitted value per parameter $50/day for the first 7 days; $250/day thereafter Failure to achieve compliance with $2000 final effluent limits at final compliance deadline 5. The Town and the commission agree that the stipulated penalties are not due if the Town satisfies the DWQ 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 Town or if the act or omission occurs in connection with a contractual relationship with the Town; SOC EMC WQ 96-15 Page Five d. An extraordinary .event beyond the Town's control. Contractor delays or failure to obtain funding will not be considered as events beyond the Town'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 thirty 30 days has elapsed. 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: 200,000 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 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. 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. 143-215.6C. B. 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. NC0071943. In the event of an NPDES permit modification or renewal, any effluent limitations or 00 SOC EMC WQ 96-15 Page Six monitoring requirements contained therein shall supersede those contained in Attachment A of this Special Order by Consent, except as modified and contained in paragraph 3(e) above. 9. The Town, upon signing the Special Order by Consent, will be ._expected to comply with all schedule dates, terms, and conditions of this document. 10. This Special Order by Consent shall expire on February 28, 1999 For the Town of Boiling Springs: (Signature) Date (Title) For the North Carolina Environmental Management Commission Chair of the Commission r Date -0:; ATTACHMENT A SOC EMC WQ NO. 96-15 EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS -Interim NPDES'PERMIT NO. NCO071943 During the period beginning, on the effective date of this Special Order and lasting until January 31, 1998, the Company is authorized to discharge from outfall serial number 001. Such discharge shall be limited and monitored by the Company as specified below: Effluent Characteristics Discharge Limitations Monitoring Requirements Measurement Sample Sample Monthly Avg. Weekly Avg. Daily Max. Frequency Type Location Flow 0.500 MGD Continuous Recorder I or E BOD, 5 Day, 200C** 40.0 m 1 60.0 mg/1 Weekly composite E,I Total Suspended Residue** 50.0 Mg/1 65.0 mg/1 Weekly Composite E,I NH3 as N 2/Month Composite E Fecal Coliform (geometric mean) Monitoring only Weekly Grab E Total Residual Chlorine 2/week Grab E Temperature, °C Weekly Grab E Total Nitrogen (NO2+NO3+TKN) Semi -Annually Composite E Total Phosphorus Semi -Annually Composite E * Sample locations: E - Effluent, I - Influent ** The monthly average effluent BODS and Total Suspended Residue concentrations shall not exceed 15% of the respective influent value (85% removal). 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. �a� r Town of Boiling Springs P.O. BOX 1014 BOILING SPRINGS, N.C. 28017 �) 704-434-2357 \/O 9'X "_ V3?T. OF COMMISSIONERS , � ROBERT B. HAMRICK, MAYOR PRO-TEM v $�' ���-� _�' � • �E!1LTE�'o CLINE HAMRICK�J ��tlC `S WILLIAM K. ELLIOTT aBILL ELLIS P1� JAN 2 9 199t ALBERT GLENN i! January 28, 1997 Mr. Rex Gleason Division of Environmental Management 919 North Main Street Mooresville, NC 28115 Dear Mr. Gleason: MAX HAMRICK Mayor RICK HOWELL Town Administrator MARGRETTA McKEE Clerk ON= Of MUM ids Re: Town of Boiling Springs NPDES Permit: NCO071943 EMC SOC WQ 96-15 This letter is a follow up to our conversation regarding amendment of the compliance schedule in the proposed SOC between the Town and DEM. I have made the requested changes on the enclosed copy and submit these for your review. I have also attached a copy of a letter recently received from Mr. John R. Blowe concerning the availability of SRF funding for this project. As required by the terms of the SOC the Town has submitted plans and specifications and an amended 201 Plan to Raleigh for review. However, until those plans and specifications are approved the Town cannot proceed. Additional time allocated in the schedule is necessary because it is anticipated that approval will not come until July 1997. If you have questions or if I can be of any assistance please feel free to contact me. ae4rel,we J 1 Administrator cc: Mr. Chester R. West - West and Assoc. Mr. Jerry Twiggs - West and Assoc. Mr. Charles Weisner - WWTP ORC File SOC EMC WQ 96-15 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 $16,770 in full settlement for violations of G.S. 143-215.1 and NPDES Permit No. NC0071943. The payment shall be submitted to the Director of the Division of Water Quality, Post Office Box 29535, Raleigh, North Carolina 27626-0535, within thirty (30) days of the signing 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. This settlement covers violations accruing subsequent to May, 1995. 3. The Town, desiring to comply with the permit identified in paragraph.l(a) above, hereby agrees to do the following: (a) Comply with all terms and conditions of the NPDES permit except those effluent limitations identified in paragraph 1(a) above and 3(e) below. Should the permit be modified or renewed during the period this Special Order is in effect, then comply with all terms and conditions of the permit except those effluent limitations that have been modified, as identified in paragraph 3(e) below. See Attachments A for all current monitoring requirements and effluent limitations. The Town may also be required to monitor for other parameters as deemed necessary by the Director in future permits or administrative letters. (b) Undertake the following activities in accordance with the indicated time schedule: 1) Submit plans and specifications for the new facility by December 31, 1996. 2) After receiving appropriate permits from the Division, begin construction of a 0.300 MGD WWT plant parallel to the existing facility by=3"'if) 1997. 3) Complete construction ' of parallel Aero-Mod treatment units, complete repairs and modifications to the existing system, and complete inflow/ infiltration work on the collection system (as outlined in the October 4, 1995 letter for fiscal year 1996-1997) by 1 31, 1998. A�9�s-F SOC EMC WQ 96-15 Page Three 4) Attain compliance with final effluent limitations by J*wtV 30, 1998. (c) Submit to the Mooresville Regional Office, located at 919 North Main Street, Mooresville, North Carolina 28115, monthly progress reports relative to activities identified in paragraph 3(b) above. The first report is due on May 15, 1997, with similar reports due the fifteenth (15) day of each subsequent month. (d) Comply with all terms and conditions of the permit except those effluent limitations identified in paragraph l(a) above. See Attachment A for all tiionitoring 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. (e)' During the time in which this Special Order by Consent is effective, comply with the interim effluent limitations contained in Attachments A, except as provided for in paragraph 3(a) above should the permit be modified or renewed. The following reflects only the limitations that have been modified from NPDES requirements by this Order: Outfall Serial No. 001: Permit Limits Modified Limits Parameters Mon. Avg. Weekly Avg. Mon. Avg. Weekly Avg. Flow 0.300 MGD N/A 0.500 MGD N/A BOD5 30.0 mg/l 45.0 mg/l 40.0 mg/l 60.0 mg/l TSR 30.0 mg/l 45.0 mg/l 50.0 mg/1 65.0 mg/1 Fecal Coliform Monitoring Only (f) No later than 14 calendar days after any date identified for accomplishment of any activity listed in 3(b) above, submit to the Director of the North Carolina Division of Water Quality DW written notice of compliance or noncompliance therewith. In the case of noncompliance, the notice shall include a statement of the reasons) for noncompliance, remedial actions) taken, and a statement identifying the extent to which subsequent dates or times for accomplishment of listed activities m_ a be affected. -S a State of North Carolina Department of Environment, Health and Natural Resources ` • Division of Water Quality James B. Hunt, Jr., Governor ID � Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director January 22, 1997 Mr. J. Richard Howell, Jr. Town Administrator Town of Boiling Springs P. O. Box 1014 Boiling Springs, N. C. 28017 SUBJECT: SRF Funding Project No. CS370757-02 Boiling Springs, NC Dear Mr. Howell: In response to your letter of January 14, please be advised that funding for your project is scheduled to be available from EPA around July 1, 1997, which should coincide with the approvalof the facilities plan. It should be noted, however, that the loan funds cannot actually be disbursed until after construction contracts have been awarded. These dates have been discussed with Mr. Rex Gleason of the Mooresville Regional Office, and I hope that this information will be beneficial to both of you in finalizing the SOC date. If this office may be of additional assistance, please advise. BB/nw cc: Rex Gleason Jerry Twiggs, West & Associates Allen Wahab Jay Lucas Cecil Madden C i_n c-erel y John R. Blowe, P.E., Chief Construction Grants & Loans Section Construction Grants & Loans Section �FAX 919-715-6229 P.O. Box 29579, Raleigh, North Carolina 27626-0579N%)CAn Equal Opportunity/Affirmative Action Employer Voice 919-733-6900 500% recycles/10% post -consumer paper DIVISION OF WATER QUALITY September 10, 1997 MEMORANDUM TO:Bob Sledge FROM: D. Rex Gleason PREPARED BY: Patricia Beam SUBJECT: Special Order by Consent Town of Boiling Springs NPDES Permit No. NC0071943 EMC SOC WQ 96-15 Cleveland County Enclosed please find a Special Order by Consent package which includes the SOC document, Regional Office SOC Checklist, and all appropriate attachments. Please advise if additional information is needed. Enclosures W. SPECIAL ORDER BY CONSENT CHECKLIST TOWN OF BOILING SPRINGS NPDES PERMIT NO. NC0071943 EMC WQ NO. 96-15 Facility and Address: Town of Boiling Springs P.O. Box 1014 Boiling Springs, North Carolina 28017 A. The Town of Boiling Springs (the Town) was unable to consistently comply with NPDES permit limitations for several parameters due to hydraulic overload of the treatment facility. Higher interim limits are proposed for Total Suspended Solids, Biochemical Oxygen Demand and Flow during the term of the SOC. B. The type of facility currently in operation is a 0.300 MGD Aero-Mod extended aeration activated sludge plant. C. The facility discharges into Sandy Run Creek, which is classified Class C waters in the Broad River Basin. D. No downstream water quality impacts have been documented as a result of the violations. E. Instream assessment group was contacted and recommendations made. A copy of the report is attached. F. Current MP screen is attached. G. 1. The facility was last inspected on September 19, 1996. Numerous effluent limitation violations were noted (see attached CEI). 2. In-depth standard operating procedures for the wastewater treatment plant and lift stations have been implemented as well as I/I corrective action (see attached SOP sheet). 3. Cationic polymer (Percol 787) is fed to enhance solids settling. 4. Facility appears to be properly wasting sludge. The Town of Boiling Springs also has a land application site in Cleveland County. (Non -discharge permit: WQ0006827). The Town has been negotiating with the City of Shelby to accept sludge from the Boiling Springs WWTP after the non -discharge permit expires (March 31, 1998). 5. I/I is considered by the permittee to be the major problem at this facility. Smoke testing and inspections of the WWTP's collection system have been performed and rehabilitation work has commenced. SOC Checklist Page Two H. A Municipal Compliance Initiatives Program Performance Evaluation was conducted by the Division's Construction Grants and Loans Section. The final draft (fourth revision) of the 201 Facilities Plan, which includes an evaluation of the current system was submitted on July 30, 1997. It was determined that the existing plant was usually able to comply with the NPDES limitations if the hydraulic load did not exceed a certain threshold. Exceedance of the hydraulic capacity is believed to be due to the growth of the student population at Gardner -Webb University and problem areas in the collection system allowing inflow and infiltration. I. The SOC interim effluent limitation for flow is based upon population growth expected during the term of the SOC. The SOC interim effluent limitations for total suspended solids and biochemical oxygen demand were derived from historical data obtained from DMR's submitted by the Town, and through negotiations with the Town. (see violations in enclosed compliance inspection report). J. The SOC compliance schedule is based on dates submitted by the Town and subsequent - negotiations with the Town and DWQ staff. The Town initially did not have funds readily available for the plant expansion, but secured funding for the project after the SOC application was submitted. K. The Town plans to construct a 0.300 MGD package plant parallel to the existing Aero- Mod wastewater treatment plant, make repairs to the existing Aero-Mod unit, and complete inflow/infiltration work on the collection system. L. An up -front penalty settlement of $12,456.00 dollars has been agreed to for violations that have accrued since May 1995. M. Current monitoring is per NPDES Permit. N. Effluent toxicity is not an issue. O. Pretreatment is not an issue. P. The Permit is not under adjudication. Q. Funding approval from Construction Grants and Loans for the wastewater treatment plant expansion is expected in September 1997 (see copy of attached letter). R. The Town has adopted a Resolution to secure the required funding. The Town applied for a $900,000 loan from the Construction Grants and Loans Program. Facility Plan approval is expected in September 1997 with construction beginning during the first quarter of 1998. SOC Checklist Page Three S. Plans and specifications for the parallel package plant have been timely submitted to Construction Grants and Loans per the SOC schedule date, and has been so noted in the draft SOC. T. Special considerations involved in the issuance of this SOC include the Town's negligence in regulating Gardner -Webb University's (GWU) discharge, which is the Town's largest sewer customer, and to appropriately plan for expansion to accommodate student population growth. The facility apparently is able to maintain compliance with final permit limits during the summer months. The increased flows experienced when GWU classes are in session contribute to non-compliance by hydraulically overloading the wastewater treatment plant. Also water quality effluent data prior to September 1995 is suspect due to discrepancies revealed between laboratory data reported by the Town and the results from State laboratory analyses. A Show -Cause Meeting was set up with the Town's wastewater treatment plant operator; however, prior to the meeting, the Operator in Responsible Charge voluntarily relinquished his wastewater operator's certificate. Apparent improper operation and maintenance of the facility prior to September 1995 and the hydraulic overload from the university and inflow/infiltration have resulted in the need for the Town to expand and repair its current facilities. U. This Office recommends that the SOC be approved as requested. Preparer's Signature: � /L�ucc Date:140 '9 7 Water Quality Supervisor's Signature: ea Date: �///, �pp ` �1. n DIVISION OF WATER QUALITY August 16, 1996 MEMORANDUM M. D. Rex Gleason \ FROM: Jacquelyn M. Nowell 4( k THRU: Donald L. Safrit b2(S Foy Ruth Swanek+Qo Carla Sanderson SUBJECT: Instream Assessment for SOC 67(b) Request Boiling Springs WWTP (EMC WQ # 96-15) NPDES Permit No. NC0071943 Cleveland County Summary and Recommendation N.C. DEPT. 07 Ft NATUIiA: 1:i: C AUG 21 i" DIVISI"I, CF E90DRESFi LE RLS'Ji;aL u(EICE The Instream Assessment Unit has reviewed the request for an instream assessment for the Boiling Springs WWTP. The Town is requesting a Special Order of Consent (SOC) due to perceived inflow/infiltration (1/I) problems and student population growth at a local college. The existing design flow is 0.300 MGD, and there are future plans for expansion which will double the capacity to 0.600 MGD. The total requested SOC flow is 200,000 GPD, which includes excess inflowfinfiltration (I/I) occurring at the plant for a total SOC flow requested limit of 0.500 MGD. The SOC limits requested are BODS = 30 mg/l, TSS of 40 mg/l and fecal coliform monitoring. The results of the Level B model analysis indicate that according to the EMC 67 (b) criteria, the predicted dissolved oxygen concentration in the Sandy Run Creek will not be significantly affected by the additional flow. The EMC 67 (b) criteria, which states that the discharge will not decrease the DO minimum by more than 0.5 mg/l or will not extend the stream length of the DO minimum below the standard by more than 0.5 miles, was not violated with the addition of 200,000 GPD. Our analysis determined that the facility can accept the additional flow under the requested SOC limit for BODS. In order to determine whether the removal of the fecal coliform limit from Boiling Springs discharge would adversely impact the receiving stream, a conservation of mass equation was used to calculate the instream fecal coliform concentration. An allowable effluent coliform density of 4510/100ml at the post SOC flow of 0.500 MGD would protect the stream standard of 200/100m1. An effluent discharge of fecal levels greater than this amount would constitute significant degradation according to the 67(b) EMC guidelines because of the prediction to exceed the water quality standard. The�efore, rather than a monitoring only requirement in the Order, an interim average monthly limit of 4510/100ml based on average of five samples per month is recommended. . Backmound The Town of Boiling Springs discharges into the Sandy Run Creek in the Broad River Basin and has a stream classification of C. The summer 7Q10 flow has been estimated using USGS regression equations to be 16.7 cfs with an average flow of 77 cfs. Instream Assessment for Boiling Springs SOC page 2 A review of compliance evaluation data shows that from October 1995 to April 1996, Boiling Springs has had three contraventions of the flow limit, three of the BOD5 limit, five of the TSS limit and five of the fecal coliform limits. The average wasteflow of the plant for this seven month period is 0.2997 MGD, which is nearly equivalent to the design capacity. The fecal coliform violations ranged from monthly averages of 598.7 to 13,648/100ml, however March and April averages were 17.7 and 28.2/100 ml, a significant improvement in treatment. nalvsis and Discussion 1) BOD5 and TSS An instream assessment for oxygen consuming parameters was performed using the Level B model framework. The current design flow of the Boiling Springs WWTP is 0.300 MGD. A seven month average flow of 0.2997 MGD was rounded to 0.300 MGD and was used as the pre-SOC flow. The post SOC flow is 0.500 MGD, which allows for 200,000 GPD of I/I. The SOC limits recommended at 0.500 MGD are 30 mg/l of BOD5 (same as existing limit) and 40 mg/1 of TSS. Two models were run at the flows of 0.300 MGD and 0.500 MGD. Waste inputs into the model included 45 mg/l CBOD (30 mg/1 * 1.5 ) and 90 mg/1 of NBOD (default NH3 limit of 20 mg/1 * 4.5). The model results predict DO minimums of 7.24 and 7.11 mg/l to occur at the outfall. This is a difference of 0.13 mg/1 in the instream DO levels and does not demonstrate a significant depression of the instrearn DO level per 67(b) criteria. 2) Fecal Coliform Two of the EMC guidelines for determining what constitutes significant degradation are: 1) "an increase in coliform bacteria density predicted to exceed applicable water quality standards; and 2) increases in ...coliform density,... which are predicted to result in fish mortality, closing of swimming areas, or significantly impacting other water uses, regardless of compliance with (other guidelines)". The N.C. standard states "fecal coliforms not to exceed a geometric mean of 200/100ml based upon at least five consecutive samples examined during any 30 day period...". In order to determine the protection of this standard instream, our analysis includes calculation of the allowable effluent concentration of fecal coliform. Table 2 shows the mass balance equation that calculates the allowable effluent concentration for fecal coliform of 4510/100ml. It should be noted that although this allowable value is much higher than the 200/100ml fecal limit imposed on Boiling Springs, the N.C. standard for fecal coliform is based on the "end of pipe" effluent to protect water quality, because of the unknown background values for fecal coliform in our streams. Recommendation Based on the model results, the Instream Assessment Unit recommends approval of the 200,000 GPD of additional wasteflow for the Boiling Springs WWTP and the SOC Emits of 30 mg/1 of BOD5 and 40 mg/l of TSS. Regarding fecal coliform, rather than a monitoring only requirement in the Order, an interim average monthly limit of 4510/100ml based on average of five samples per month is recommended. All other permitted Instream Assessment for Boiling Springs SOC page 3 limitations, and effluent and instream monitoring requirements shall remain the same as in the current NPDES permit. cc: Dianne Wilburn Central Files WLA File { � a Table 1. Instream Assessment Summary for the Town of Boiling Springs Wasteflow Assumption Design Capacity 0.300 MGD Pre-SOC Flow 0.300 MGD SOC Flows Requested . 0.200 MGD Pre-SOC + SOC Flows 0.500 MGD Model Input Summ Headwater conditions: s7Q10 flow 16.7 cfs w7Q10 flow 25.0 cfs Average flow 77 cfs Design Temperature 25 °C CBOD 2.0 mg/l NBOD 1.0 mg/l DO (90% saturation) 7.44 mg/l Wastewater Inputs: Pre- SOC Wasteflow 0.300 MGD Requested SOC Wasteflow(s) 0.200 MGD Recommended SOC Wasteflow(s) 0.500 MGD CBOD 45 mg/l NB OD 90 mg/l Model Output Summary Qw DO Net Distance DO Net (MGD) min. Change <5.0 mg/l Change (mom) (mom) (Mi.) (Mi.) 0.300 7.24 NA 0.0 NA 0.500 7.11 0.13 0.0 0.0 Table 2. Fecal Coliform Equation for Town of Boiling Springs WWTP To determine the allowable effluent coliform concentration: Cw=QdC Qw Qd = Qw + Qs = 0.775 cfs + 0.16.7 cfs = 17.475 cfs Qw = 0.500 MGD (post SOC flow) = 0.775 cfs Qs = 16.7 cfs C = fecal standard of 200/100ml (*this assumes background fecal coliform = 0) Cw = (17,475 cfs)(200/100m1) 0.775 cfs Cw = 3495 cfs/100ml 0.775 cfs Cw = 4509.68/100ml = 4510/100ml 1 DIVISION OF WATER QUALITY October 8, 1996 l4.r_ rAW'r, OF ,,=NMgNT, HT AL'i K MEMORANDUM a t4ATuRAL FEsovxr.,'t$ TO: `D. Rex Gleason OCT 14 1996 FROM: Jacquelyn M. Nowell DjY1S10fl OF EOV}RORMENIAL tdAP1!,6EMklli? THRU: Ruth Swanek/2(-- HO�RESVILLE RMIAL UFFICE Carla Sanderson SUBJECT: Revised Instream Assessment for SOC 67(b) Request Boiling Springs WWTP (EMC WQ# 96-15) NPDES Permit No. NCO071943 Cleveland County Summary and Recommendation At the request of Patricia Beamof the Mooresville Regional Office, the Instream Assessment Unit has updated and revised an instream assessment for the Boiling Springs WWTP. The Town had requested a SOC because of inflowfinfiltration (I/I) problems and student growth at a local college. The existing design flow is 0.300 MGD, and the requested SOC flow is 200,000 GPD, for a total SOC flow requested limit of 0.500 MGD. The new SOC limit requested is for BOD5 = 40 mg/l (monthly average) and 50 mg/l (daily maximum). Previously requested SOC limits for TSS and fecal coliform will remain the same. ' The results of the Level B model analysis indicate that according to the EMC 67 (b) criteria, the predicted dissolved oxygen concentration in the Sandy Run Creek will not be significantly affected by the additional flow. The EMC 67 (b) criteria, which states that the discharge will not decrease the DO minimum by more than 0.5 mg/l or will not extend the stream length of the DO minimum below the standard by more than 0.5 miles, was not violated with the addition of 200,000 GPD. Our analysis determined that the facility can accept the additional flow under the new SOC limit for BOD5. Two models were run at the flows of 0.300 MGD and 0.500 MGD. Waste inputs into the model included 60 mg/1 CBOD (40 mg/l * 1.5 ) and 90 mg/1 of NBOD (default NH3 limit of 20 mg/1 * 4.5). The model results predict DO minimums of 7.24 and 7.11 mg/l to occur at the outfall. This is a difference of 0.13 mg/l in the instream DO levels and does not demonstrate a significant depression of the instream DO level per 67(b) criteria. Based on the model results, the Instream Assessment Unit recommends approval of the 200,000 GPD of additional wasteflow for the Boiling Springs WWTP and the SOC limit of 40 mg/1 (mo. avg.) and 50 mg/l (da. max.) of BOD5. cc: Dianne Wilburn Central Files WLA File TSS Table 1. Instream Assessment Summary for the Town of Boiling Springs Wasteflow Assumptions Design Capacity 0.300 MGD Pre-SOC Flow 0.300 MGD SOC Flows Requested 0.200 MGD Pre-SOC + SOC Flows 0.500 MGD Model Input Summary Headwater conditions: s7Q10 flow 16.7 cfs w7Q10 flow 25.0 cfs Average flow 77 cfs Design Temperature 25 °C CBOD 2.0 mg/1 NB OD 1.0 mg/1 DO (90% saturation) 7.44 mg/1 Wastewater Inputs: Pre- SOC Wasteflow 0.300 MGD Requested SOC Wasteflow(s) 0.200 MGD Recommended SOC Wasteflow(s) 0.500 MGD CBOD 60 mg/1 NB OD 90 mg/1 Model Output Summa Qw DO Net Distance DO Net (MGD) min. Change <5.0 mg/1 Change (mom) (mom) (Mi.) (Mi.) 0.300 7.24 NA 0.0 NA 0.500 7.11 0.13 0.0 0.0 State of North Carolina Department of Environment, Health and Natural Resources Mooresville Regional office James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary CERTIFIED MAIL RETURN RECEIPT REQUESTED f TIM [DEHNFR DIVISION OF WATER QUALITY October 7, 1996 Mr. Rick Howell, Town Manager Town of Boiling Springs Post Office Box 1014 Boiling Springs, North Carolina 28017 Subject: Notice of Violation Compliance Evaluation Inspection Town of Boiling Springs WWTP NPDES Permit No. NCO071943 Cleveland County, NC Dear Mr. Howell: Enclosed is a copy of the Compliance Evaluation Inspection Report for the inspection conducted at the Roberto L. Scheller uof this Officey September 19, 1996, by Mr. Due to the numerous violations by this facility of North Carolina General Statute 143-215.1 (a) (6) and NPDES Permit No. NC0071943 for discharging waste into the waters of the State in avers a and weekly maximum permit limits for violation of monthly g Flow, Bob, TSR, and Fecal Coliform arts is issued Self-Monitoring 1 Notice Section of the subject report) this rep Violation (NOV). d to It is requested that a written s the edef iciencies De suliat notedthis Office by October 23, 1996, addressing the SELF-MOITORING and LABORATORY sections of the subject report. In responding, please address your comments to the attention of Mr. Richard Bridgeman of this Office. N W FAX 704-663-6040 919 North Main Street, CAn Equal Opportunity/Affirmative Action Employer Mooresville, North Carolina 28115� recycled/10% post -consumer paper Voice 704-663-1699 Notice of Violation Boiling Springs WWTP Page Two The report should be self-explanatory; however, should you have any questions concerning this report, please do not hesitate to contact Mr. Scheller, Mr. D. Rex Gleason (Water Quality Regional Supervisor), or me at (704) 663-1699. Sincerely, B. Keith Overcash, P.E. Regional Supervisor Enclosure cc: Cleveland County Health Department RS United States Environmental Protection Agency, Washington, D.C., 20460 Form Approved Y OMB No.2040-0003 g NPDES Compliance Inspection Report Approval Expires •e., 7-31-85 Section A: National Data System Coding Transaction Code NPDES YR/MO/DAY Inspection Type Inspector Facility Type N NCO071943 96/09/19 C S 1 Remarks Reserved Facility Evaluation Rating BI QA ..........Reserved......... �• 3 N N Section B: Facility Data Name and Location of Facility Inspected Entry Time: Permit Effective Town of Boiling Springs WWTP 09:37 a.m. Date: 3/1/95 2556 Rockford Road Exit Time/Date: Permit Expiration Boiling Springs Cleveland County, North Carolina 10:40 a.m. Date: 12/31/98 Name(s) of On -Site Representative(s) Title(s) Phone No(s) Mr. Charles Wiesner ORC (704) 667-2864 AV Name, Address of Responsible Official Title Mr. Rick Howell Town Manager Town of Boiling Springs Post Office Box 1014 Phone No. Contacted? Boiling Springs, North Carolina 28017 (704) 434-2357 No Section C: Areas Evaluated During Inspection (S-Satisfactory, M-Marginal, U-Unsatisfactory, N-Not Evaluated) S Permit S Flow Measurement N Pretreatment S Operations 6 Maintenance S Records/Reports M_ Laboratory N Compliance Schedules S Sludge Disposal S Facility Site Review S Effluent/Receiving Waters U Self -Monitoring Program M Other Section D: Summary of Findings/Comments See Attached Sheet(s) for Summary Name(s) and``Signa``ture(s) of Inspectors Agency/Office/Telephone Date NCDWQ/MRO/(704) 663-1699 10/01/96 Roberto L. Scheller Date Signature of Reviewer Agency/Office Date Regulatory Office Use Only Action Taken Date _ Noncompliance Compliance Boiling Springs WWTP Page Two This facility was last inspected by Ms. Patricia Beam of this Office on March 13, 1996. PERMIT: 1. The existing facility is a 0.3 MGD wastewater treatment plant consisting of a manual bar screen, grit chamber, two parallel extended aeration basins, dual clarifiers, two aerobic sludge digesters, chlorine contact tank with gas chlorination, aerated sludge holding tank, and instrumented flow measurement. 2. The facility exists as described in NPDES permit No. NC0071943. FACILITY SITE REVIEW/OPERATIONS AND MAINTENANCE: 1. The facility appeared to be in good operational condition and all units observed were functional at the time of the inspection. 2. The operator has established a preventative maintenance program that involves routine examination, maintenance, and lubrication of process equipment. 3. The process control program consists of settlometer tests, solids tests on mix liquor, and monitoring of dissolved oxygen (DO) and pH. 4. Screenings and grit are disposed in the Cleveland County landfill. 5. Cationic polymer (Percol 787) was being added to the mixed liquor to enhance settling. RECORDS AND REPORTS: 1. The reports and records reviewed were current and being kept according to Permit guidelines. An operator's log is kept on -site to record daily visits. 2. Operation and maintenance logs were being maintained on -site and were readily accessible. 3. Logs for the documentation of meter calibrations werd current and up-to-date. SELF -MONITORING PROGRAM: 1. Self -monitoring reports were reviewed for the period July 1995 through June 1996, inclusive. Boiling Springs WWTP Page Three 2. The subject facility has the following permit limits and noted limit violations: PERMIT EFFLUENT LIMITS Parameter Limitation Units Monthly Weekly Average Maximum Flow 0.03 NA MGD BOD5 30.0 45.0 mg/1- TSR 30.0 45.0 mg/l Fecal Coliform 200 400 col/100ml NA denotes not applicable WEEKLY MAXIMUM PERMIT LIMIT VIOLATIONS Date BOD5 TSR Fecal Coliform 07/95 08/95 09/95 10/9-5 11/95 12/95 01/96 02/96 03/96 04/96 05/96 06/96 Date 07/95 08/95 09/95 10/95 11/95 12/95 O1/96 02/96 03/96 04/96 05/96 06/96 72 119; 140 52 68; 65 66 61.7; 223.3; 297.5 151.5 191.4; 156; 80 55.5 173.3; 135; 83.3; 88 -- 133.3; 61 7,880 1,325; 6,700 12,870; 17,900 590; 7,000; 31,000 29,100; 1,300; >67,200 >19,000; 1,000; >16,600 520; 1,100; 520; 6,320; 5,399 16,000; 11,200; 7,600 8,200 4,700 1,345 MONTHLY AVERAGE LIMIT VIOLATIONS Flow BOD5 TRS Fecal Coliform -- -- -- 212.7 0.3096 41.25 81.0 794 0.3661 36.25 46.0 598.7 0.3147 -- 152.1 13,648 -- 47.66 101.2 3,686.4 0.3448 -- -- 1,948.9 -- -- -- •11,084.5 -- 35.55 119.9 -- -- -- 44.4 -- Denotes Compliance .� Boiling Springs WWTP Page Four LABORATORY: 1. The contract laboratory utilized by the subject treatment facility is Piedmont Laboratory (Cert. #307 ) in Shelby, NG and Pace Analytical in Asheville, NC. All samples are being shipped.on ice and are meeting all holding times. Deficiency: ■ Calibration for pH meter is inadequate. Regulatory Requirement: Three buffers are to be used when calibrating pH meters (4,7, and 10 standard units @ 250 Celsius). Slope should also be recorded during standardization (Standard Methods, 18th Edition, 4500-HB.). Please be advised that analyses to meet NPDES permit requirements must be conducted by a certified laboratory. An NPDES permitted facility at which the Operator in Responsible Charge (ORC) or other operator performs analyses for three or less parameters listed in Rule .0804 of the North Carolina Administrative Code (NCAC) T15: 02H .0800 may be exempted from the requirement to utilize a certified laboratory or to otherwise obtain certification for an on -site laboratory. A written request for exemption, which will be considered on a case by case basis, must be filed with the State Laboratory. Be aware that of the parameters analyzed on -site at this facility, exemption for certification may be given for pH and total residual chlorine (TRC) only; all other parameters, with the exception of temperature and dissolved oxygen, will have to be analyzed by a certified laboratory. Request for exemption should be sent to the State Laboratory, 4405 Reedy Creek Road, Raleigh, North Carolina 27607. FLOW MEASUREMENT: 1. Flow is measured continuously with a Stevens flow meter and chart recorder. The flow meter and chart recorder appeared to be operational at the time of inspection. 2. The flow meter was last calibrated on 6/7/96, by BW ALlen Co. of Charlotte, NC. EFFLUENT/RECEIVING STREAM: 1. The subject facility discharges into Sandy Run Creek via outfall #001. Sandy Run Creek is classified as Class C waters in P,r Boiling Springs WWTP Page Five the Broad River Basin. 2. Observations of the receiving stream (Sandy Run Creek) revealed that the discharge did not appear to be having an adverse affect at the time of inspection. 3. An evaluation of the effluent at the time of the inspection - revealed the following data: - Effluent clear with few suspended solids. - Dissolved oxygen (DO) 1.9 mg/l pH 6.95 standard units - Temperature 22.30 Celsius SLUDGE DISPOSAL: Sludge is removed and disposed at an approved land application site in Cleveland County (WQ0006827). The land application permit became effective on June 25, 1993 and will expire on March 31, 1998. OTHER: It was noted during the inspection that the subject facility appeared to be hydraulically overloaded. The mix liquor in the aeration basin appeared thin and characteristic of young sludge. Polymer was being added to enhance settling of the activated sludge. It was also noted that as the flow increased solids in the effluent increased. The Town of Boiling Springs has applied for a Special Order by Consent (SOC) and plans are being made for expansion of the existing facility. Standard Operating Procedures (SOP) On Arrival: 1. Record flow meter reading and date the recording chart. Note the back wash cycle at approximately 3:00 AM in the morning,there should be a 45 minute period of no flow. If less than 45 minutes is recorded there is a problem with the back wash cycle. 2. Check all 12 clarifier skimmers and note the stopped up ones. 3. Check the chlorine room, one chlorine regulator should read 212 pounds on the gauge. When the instantaneous flow recording (IFR) is around .300 MGD, the chlorine regulator needs to be - around 5 or 6 pounds per day. The chlorine residual should be around 1.5 Mg/L. 4. Check the Aeromdo AC 200, reset if the interrupted light is on. 5. Begin working with the daily unit procees/ visual inspections log prepared by Culligan Operating Services. After the overall view is obtained repair work or adjustments can be started. Clean the Bar This should be done 2 or 3 times a day in Screen order to reduce the amount of blockage in the influent aeration basin pipe holes., Grit Chamber Clean the f1batables from the top of the grit chamber. The grit chamber pan needs to be pulled with the back hoe and cleaned 3 times " per year. Coordinate this with the • Maintenance Department. Clarifier -' Clean these with the drain king which Skimmers uses hydraulic pressure. At times it is necessary to use straight nozzle pressure and back wash the skimmer from the aeration basin side. Recheck in the afternoon. It is important to keep these clean because a plugged skimmer can allow aeration basin Hydraulic Overloads Blower Room top of the chlorine chambers daily as needed. Sludge Judge the chlorine tanks Monday and Friday. If there is more than 6 inches of sludge in the bottom, clean the chambers. Use the trash pump located by the chlorine chambers and clean the tanks when needed. The Maintenance Department Personnel or ORC will explain the procedure if necessary. It may be necessary to sludge judge the chlorine chambers after every heavy hydraulic overload. BOD, TSS, and Fecal Coliform tests improve when the chambers are clean. If the flow meter IFR reads .400 MGD or more it•ivay be necessary to turn off the blowers in order not to loose heavy solids over the weir. If the plant is off for 14 hours it should recover in less than 24 hours. If the plant blowers are off - for 24 hours the plant has demonstrated the ability to recover in less than 3 days. If heavy hydraulic overloads are expected during the night the ORC may want the turn off the backwash cycle at the AEROMDO AC 200. The water back up in the clarifers may cause greater hydraulic overload problems. If possible delay the weekly testing until the effluent is clear. Bleed the condensation from the air compress tank once a week. Tank pressure 60-80 PSI. Line working pressure 40-45 PSI. The blower volume is adjusted according to the DO needs of the plant. Do not exceed 62 AMPS on full load because the :`. backwash cycle requires an additional.5% current draw. Wasting Solids Solids need to be wasted from the aeration basins to the digestors twice per week or as necessary. Aeration basin solids should be between 210 to 290 with The Town of Shelby and the Town of Boiling Springs have worked out an agreement with Shelby in accepting sludge from this WWTP. Rick Howell the Town Administrator has the details concerning this arrangement. The Maintenance Department will assist in hauling the stabilized sludge. Garbage Collection Bag the trash for pick up on Thursday. Effluent Clarifier Use a soft brush found in the WWTP office Pipes.. and scrub these drain pipes each week. Flow Meter-' Check the flow meter against the water staff gauge located in the weir compart- ment. The.work sheet for 90 degree V- notch weir is found in the WWTP office desk. The staff gauge is in 1 /1 0 of a foot, not in inches if a different scale work sheet is used. The State would like this done each month. Lawn Care Mowing the grass and weed eating will take about 4 hours per week. Check the engine oil level each week. Culligan Operating services 1-800-231-8889 Rick Howell Administrator 434-2357 Terry Price Pager number 480-2395 If there are expenses above $50.00 or if additional labor is required, contact the Town Administrator. The Town Administrator needs to be notified if out side contractors are required. Terry Price is the contact person when routine 4-ssistance is -needed from the Maintenance Department. Culligan Operating Services needs to be informed of any problems that would affect the.operation of the WWTP or the sewer lift stations. Lyman ST. lift Station Open the control panel, and record the hour meter readings on the maintenance log. Next check the seal failure lights, both should be off. If a seal light is on, swap the two relays. If opposite light goes on the problem is in the relays. If the same light remains on water may have gotten in the gear box and the pump will have to be pulled. Contact the Maintenance Department. Open the lid on the wetwell and check the level floats for grease build up. If grease is caked on the floats lift them up and clean them. Check the manual operation of both pumps if the wetwell is not to low. Note any unusual noise in the wetwell or in the control panel. If excessive vibration occurs, it is usually a result of rust on the armature magnet in the contactor assembley. Turn the power off, remove the magnets and clean them with a wire brush. This has to be done on the lag contactor every 3 months. A vibrating contactor can destroy a $6,000.00 pump. While the pump is in the manual position check the wetwell for any water by-pass where the pump connects to the pressure piping. If this occurs maintenance will have to reset the pump with the backhoe. When the pumps are off the one way check valve located adjacent to the wetwell will prevent the water from coming back in the wetwell. If this occurs the one way check valve needs cleaned or repaired. Once a month check the alarm system by manually lifting the float closest to the top of the wetwell. The alarm should sound. Complete the maintenance log sheet with time, date, and hour meter readings. Dellwood Lift Station Check and clean the bar screen each time the lift station is visited. It is necessary to clean between the 1 inch bars when they become clogged. The bar spaces can be cleaned with the wetwell lid lifter. Open the phone alarm box, the only light that should be on is the battery Ok light. Call the phone alarm number once each week. 434-9545 When checking the underground unit, be sure the exhaust fan is operating before entering. Bleed condensation from the air compressor tank weekly. The tank pressure should be 20-40 PSI with the regulated pressure at 7'1-8 PSI. If the wetwell pressure gauge is 22 PSI or above check the manual operation of both pumps. Note any unusual noises and report to maintenance. When the pumps are off listen for any problems of back flow into the wetwell through the one way check valve. If the check valves are not closing properly, they need,to be cleaned or repaired. Check for seal leaks on the pumps. Bleed trash from the seal filter bowl. Open the pet cock seal valve to insure the'seals have water lubrication. If no water is observed, turn off the pump and find out why. The adjustable wetwell bubblier gauge should read about 1 CFH air pressure. If the air volume is low or non-existent, the bubblier tube may be plugged and will have to cleaned. Try to increase the CFH to 22 in order to clear the line. Check the wetwell each week and note any problems of excessive household grease and proper water levels. Once a month check the phone alarm by removing the upper transformer plugged into the 120 volt receptacle located inside the phone control panel. Notify Town Hall before conducting the test. When concluding the test plug the transformer back in and clear the alarm as marked in the control panel. Once every month manually check the operation of the sump pump by lifting the float up in the wetwell if there is water in the well. This occasionally needs service. Fill out the Culligan Operating Services lift Station log. If there are any problems with the operation of this lift station check with Terry Price in the Maintenance Department. Ramsgate Lift Station Check the control panel and record the hour meter readings. . If the seal failure light or lights are on, inform maintenance of the problem. Any large jumps in the hour meter readings would indicate a problem. Open the wetwell and check floats and clean if necessary. It is important that these floats float freely in the wetwell. Manually turn on each pump if the water level is high enough. Check the bottom of the wetwell making sure that water pressure is not being by-passed where the pump meets the pressure line. The pump will have to be reset if by-passing occurs. When the pump is off no back flow should occur. Once each month open the inter control panel and look at the 2 black capacitors located in the lower left side of the box. On top of the black capacitor is a concave inspection hole. If this hole becomes convex, replace the capacitor. Once a month lift the float closest to the top of the wetwell and check the alarm. , Phillips Lift Station Check the wetwell for proper water level and grease build up.The floats have to cleaned frequently. It is important that the floats float freely in the wetwell. Each of the float electrical cords have to be on there hooks located at the top of the wetwell. The pump may run continually if these wires become unhooked. open the control panel and manually operate the pumps provided there is enough water in the wetwell. The pump can only be operated for a minute because of the heavy volume the pumps can pump. Listen for any unusual noise either in the control box or the wetwell. There are two one way check valves located in the pump house. If these check valves are not working properly the wetwell will fill up when the pump shuts off. These need to be repaired if a back flow condition exists. once a month manually lift up the float closest to the top of the wetwell and check the alarm. State of North Carolina Department of Environment, Health and Natural Resources Division of Water Quality James B. Hunt; Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director MEMORANDUM EDEHNR July 24, 1997 41,, d-,v,� _/ TO: Rex Gleason Mooresville Regional Office FROM: Allen Wahab li Construction Grants & Loans SUBJECT: Town of Boiling Springs Schedule Update As you know, the Town of Boiling Springs is going through the process to receive a $900,000.00 loan from the Construction Grants and Loans Program to upgrade and expand their wastewater treatment facility. The review process has generated delays which will affect the "Begin Construction Date" in the SOC. The town has revised this date from October 31, 1997, to April 30, 1998. We concur with this projected date. The town and their engineers and our staff are working diligently to approve the project. All the planning issues have been resolved and the facility plan approval will likely be in September. The plans and specification issues are in the process of being resolved. It appears that the town will have no problem in meeting the new construction date. If you have any questions or I can be of assistance, please give me a call at (919) 715- 6220. TAW/pe cc: Richard Howell,. Jr., Town of Boiling Springs Bobby Blowe Jay Lucas Cecil Madden Construction Grants & Loans Section FAX 919-715-6229 P.O. Box 29579, Raleigh, North Carolina 27626-0579N10 An Equal Opportunity/Affirmative Action Employer Voice 919-733-6900 50°k recycles/10°k post -consumer paper State of North Carolina Department of Environment, Health and Natural Resources Mooresville Regional Office James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Mr. Rick Howell, Town of Boiling P.O. Box 1014 Boiling Springs, Dear Mr. Howell: "T DEHNR DIVISION OF WATER QUALITY November 13, 1996 City Manager Springs , North Carolina 28017 Subject: Special Order by Town of Boiling NPDES Permit No. EMC WQ 96-15 . Cleveland County Consent Springs NCO071943 Enclosed please find a copy of an updated Special Order by Consent (SOC) developed in response to a request from Mr. Jerry Twiggs to modify construction and compliance dates in the SOC time schedule for the Town of Boiling Springs. If you are satisfied with 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 approval. Should you have questions or require assistance, please do.not hesitate to contact either Patricia Beam or me at 704/663-1699. Sincerely, D. Rex Gleason, P. E. Water Quality Regional Supervisor Enclosure PB 919 North Main Street, 1 W ;6 FAX 704-663-6040 Mooresville, North Carolina 28.115 fC An Equal opportunity/Affirmative Action Employer Voice 704-663-1699 50% recycled/10% post -consumer paper NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION COUNTY OF CLEVELAND IN THE MATTER OF ) NORTH CAROLINA ) NPDES' PERMIT ) NO. NC0071943 ) HELD BY THE TOWN ) OF BOILING SPRINGS ) SPECIAL ORDER BY CONSENT EMC WQ NO. 96-15 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 Boiling Springs, 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. NC0071943 for operation of an existing wastewater treatment works and for making an outlet therefrom for treated wastewater to Sandy Run Creek, Class C waters of this State in the Broad River Basin, but is unable to comply with the final effluent limitations for Flow, BODS, TSR, and Fecal Coliform as set forth in the Permit for Outfall 001. Compliance• will require the Town to prepare plans and specifications for the construction of additional treatment works, plus improvements and modifications to the existing wastewater treatment and collection system. (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 200,000 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 or will secure 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. SOC EMC WQ 96-15 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 $16,770 in full settlement for violations of G.S. 143-215.1 and NPDES Permit No. NC0071943. The payment shall be submitted to the Director of the Division of Water Quality, Post Office Box 29535, Raleigh, North Carolina 27626-0535, within thirty (30) days of the signing 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. This settlement covers violations accruing subsequent to May, 1995. 3. The Town, 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 NPDES permit except those effluent limitations identified in paragraph l(a) above and 3(e) below. Should the permit be modified or renewed during the period this Special Order is in effect, then comply with all terms and conditions of the permit except those effluent limitations that have been modified, as identified in paragraph 3(e) below. See Attachments A for all current monitoring requirements and effluent limitations. The Town may also be required to monitor for other parameters as deemed necessary by the Director in future permits or administrative letters. (b) Undertake the following activities in accordance with the indicated time schedule: 1) Submit plans and specifications for the new facility by December 31, 1996. 2) After receiving appropriate permits from the Division, begin construction of a 0.300 MGD WWT plant parallel to the existing facility by May 31, 1997. 3) Complete construction of parallel Aero-Mod treatment units, complete repairs and modifications to the existing system, and complete inflow/ infiltration work on the collection system (as outlined in the October 4, 1995 letter for fiscal year 1996-1997) by March 31, 1998. SOC EMC WQ 96-15 Page Three 4) Attain compliance with final effluent limitations by June 30, 1998. (c) Submit to the Mooresville Regional Office, located at 919 North Main Street, Mooresville, North Carolina 28115, monthly progress reports relative to activities identified in paragraph 3(b) above. The first report is due on May 15, 1997, with similar reports due the fifteenth (15) day of each subsequent month. (d) Comply with all terms and conditions of the permit except those effluent limitations identified in paragraph 1(a) above. See Attachment A for all 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. ( e ) During the time in which this Special Order by Consent is effective, comply with the interim effluent limitations contained in Attachments A, except as provided for in paragraph 3(a) above should the permit be modified or renewed. The following reflects only the limitations that have been modified from NPDES requirements by this Order: Outfall Serial No. 001: Permit Limits Modified Limits Parameters Mon. Avq. Weekly Avg. Mon. Avg. Weekly Avg. Flow 0.300 MGD N/A 0.500 MGD N/A BOD5 30.0 mg/l 45.0 mg/l 40.0 mg/1 60.0 mg/l TSR 30.0 mg/1 45.0 mg/1 50.0 mg/.1 65.0 mg/1 Fecal Coliform Monitoring Only (f) No later than 14 calendar days after any date identified for accomplishment of any activity listed in 3(b) above, submit to the Director of the North Carolina Division of Water Quality DW 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. I SOC EMC WQ 96-15 Page Four (g) Enforce the water conservation provisions of the State Building Code as it applies to new residential construction (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). 4. The Town agrees that unless excused under paragraph 5, the Company will pay.the Director of DWQ, by check payable to the North Carolina Department of Environment, Health and Natural Resources, according to the following schedule for failure to meet the deadlines set out in paragraphs 3(b) and 3(f), o failure to attain compliance with the effluent limitations/ monitoring requirements contained in Attachments A, except as provided for in paragraph 3(a) above. Failure to meet a schedule date $10'0/d7ydfor the first$500/day thereafter Violation of any limit modified $1000 per violation by this Order Monitoring frequency violations value100per omitted ter Failure to submit progress reports $50/day for the identified in paragraph 3(c). first 7 days; $250/day thereafter Failure to achieve compliance with $2000 final effluent limits at final compliance deadline 5. The Town and the Commission agree that the stipulated penalties are not due if the Town satisfies the DWQ 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 Town or if the act or omission occurs in connection with a contractual relationship with the Town; SOC EMC WQ 96-15 Page Five d. An extraordinary event beyond the Town's control. Contractor delays or failure to obtain funding will not be considered as events beyond the Town'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 thirty 30 days has elapsed. 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: 200,000 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 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. 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. 143-215.6C. 8. 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. NC0071943. In the event of an NPDES permit modification or renewal, any effluent limitations or SOC EMC WQ 96-15 Page Six monitoring requirements contained therein shall supersede those contained in Attachment A of this Special Order by Consent, except as modified and contained in paragraph 3(e) above. 9. The Town, upon signing the Special Order by Consent, will be expected to comply with all schedule dates, terms, and conditions of this document. 10. This Special Order by Consent shall expire on September 30, 1998 For the Town of Boiling Springs: (Signature) Date (Title) For the North Carolina Environmental Management Commission Date Chair of the Commission ATTACHMENT A SOC EMC WQ NO. 96-15 EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS -Interim NPDES PERMIT NO. NCO071943 During the period beginning on the effective date of this Special Order and lasting until January 31, 1998, the Company is authorized to discharge from outfall serial number 001. Such discharge shall be limited and monitored by the Company as specified below: Effluent Characteristics Discharge Limitations Monitorina Reciuirements Measurement Sample " Sample Monthly Avg. Weekly Avg. Daily Max. Frequency Type Location Flow 0.500 MGD Continuous Recorder I or E BOD. 5 Day. 200C** 40.0 mq 1 60.0 mc[1 Weekly Composite E.I NH3 as N 2/Month Composite E Fecal Coliform (geometric mean) Monitoring Only Weekly Grab E Total Residual Chlorine 2/week Grab E Temperature, °C Weekly Grab E Total Nitrogen (NO2+NO3+TKN) Semi -Annually Composite E Total Phosphorus Semi -Annually 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). 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. A I State of North Carolina Department of Environment, Health and Natural Resources Mooresville Regional Office James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Mr. Rick Howell, Town of Boiling P.O. Box 1014 Boiling Springs, Dear Mr. Howell: . 744FA DEHNR DIVISION OF WATER QUALITY November 8, 1996 City Manager Springs North Carolina 28017 Subject: Special Order by Town of Boiling NPDES Permit No. EMC WQ 96-15 Cleveland County Consent Springs NCO071943 Enclosed please find a copy of a Special Order by Consent developed in response to a request from the Town of Boiling Springs. Through the Order conditional compliance is allowed while the Permittee pursues corrective action towards compliance with the NPDES Permit. Please thoroughly review the Order. As the document title suggests, it will be entered into only after the Permittee's consent. If you are satisfied with 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 approval. Should you have questions or require assistance, please do not hesitate to contact either Patricia Beam or me at 704/663-1699. Sincerely, D. Rex Gleason, P. E. 1 Water Quality Regional Supervisor Enclosure PB 919 North Main Street, FAX 704-663-6040 Mooresville, North Carolina 28115 �C An Equal Opportunity/Affirmative Action Employer Voice 704-663-1699 50% recycled/10% post -consumer paper qw- NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION COUNTY OF CLEVELAND IN THE MATTER OF ) NORTH CAROLINA ) NPDES PERMIT ) NO. NCO071943 ) HELD BY THE TOWN ) OF BOILING SPRINGS ) SPECIAL ORDER BY CONSENT EMC WQ NO. 96-15 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 Boiling Springs, 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. NCO071943 for operation of an existing wastewater treatment works and for making an outlet therefrom for treated wastewater to Sandy Run Creek, Class C waters of this State in the Broad River Basin, but is unable to comply with the final effluent limitations for Flow, BODS, TSR, and Fecal Coliform as set forth.in the Permit for Outfall 001. Compliance will require the Town to prepare plans and specifications for the construction of additional treatment works, plus improvements and modifications to the existing wastewater treatment and collection system. (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 200,000 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 or will secure 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. SOC EMC WQ 96-15 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 $16,770 in full settlement for violations of G.S. 143-215.1 and NPDES Permit No. NC0071943. The payment shall be submitted to the Director of the Division of Water Quality, Post Office Box 29535, Raleigh, North Carolina 27626-0535, within thirty (30) days of the signing 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. This settlement covers violations accruing subsequent to May, 1995. 3. The Town, desiring to comply with the permit identified in paragraph l(a) above, hereby agrees to do the following: (a) Comply with all terms and conditions of the NPDES permit except those effluent limitations identified in paragraph l(a) above and 3(e) below. Should the permit be modified or renewed during the period this Special Order is in effect, then comply with all terms and conditions of the permit except those effluent limitations that have been modified, as identified in paragraph 3(e) below. See Attachments A for all current monitoring requirements and effluent limitations. The Town may also be required to monitor for other parameters as deemed necessary by the Director in future permits or administrative letters. (b) Undertake the following activities in accordance with the indicated time schedule: 1) Submit plans and specifications for the new facility by December 31, 1996. 2) After receiving appropriate permits from the Division, begin construction of a 0.300 MGD WWT plant parallel to the existing facility by March 31, 1997. 3) Complete construction of parallel Aero-Mod treatment units, complete repairs and modifications to the existing system, and complete inflow/ infiltration work on the collection system (as outlined in the October 4, 1995 letter for fiscal year 1996-1997) by October 31, 1997. SOC EMC WQ 96-15 Page Three 4) Attain compliance with final effluent limitations by January 31, 1998. (c) Submit to the Mooresville Regional Office, located at 919 North Main Street, Mooresville, North Carolina 28115, monthly progress reports relative to activities identified in paragraph 3(b) above. The first report is due on March 15, 1997, with similar reports due the fifteenth (15) day of each subsequent month. (d) Comply with all terms and conditions of the permit except those effluent limitations identified in paragraph l(a) above. See Attachment A for all 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. (e.) During the time in which this Special Order by Consent is effective, comply with the interim effluent limitations contained in Attachments A, except as provided for in paragraph 3(a) above should the permit be modified or renewed. The following reflects only the limitations that have been modified from NPDES requirements by this Order: Outfall Serial No. 001: Permit Limits Modified Limits Parameters Mon. Avg. Weekly Avg. Mon. Avg, Weekly Avg. Flow 0.300 MGD N/A 0.500 MGD N/A BOD5 30.0 mg/l 45.0 mg/1 40.0 mg/l 60.0 mg/l TSR 30.0 mg/1 45.0 mg/1 50.0 mg/1 65.0 mg/1 Fecal Coliform Monitoring Only (f) No later than 14 calendar days after any date identified for accomplishment of any activity listed in 3(b) above, submit to the Director of the North Carolina Division of Water Quality DWQ 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. SOC EMC WQ 96-15 Page Four (g) Enforce the water conservation provisions of the State Building Code as it applies to new residential construction (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). 4. The Town agrees that unless excused under paragraph 5, the Company will pay the Director of DWQ, by check payable to the North Carolina Department of Environment, Health and Natural Resources, according to the following schedule for failure to meet the deadlines set out in paragraphs 3(b) and 3(f), or failure to attain compliance with the effluent limitations/ monitoring requirements contained in Attachments A, except as provided for in paragraph 3(a) above. Failure to meet a schedule date $100/day for the first 7 days; $5001day thereafter Violation of any limit modified by this Order Monitoring frequency violations Failure to submit progress reports identified in paragraph 3(c). $1000 per violation $100 per omitted value per parameter $50/day for the first 7 days; $250/day thereafter Failure to achieve compliance with $2000 final effluent limits at final compliance deadline 5. The Town and the Commission agree that the stipulated penalties are not. due if the Town satisfies the DWQ 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 Town or if the act or omission, occurs in connection with -a contractual relationship with the Town; { SOC EMC WO 96-15 Page Five d. An extraordinary event beyond the Town's control. Contractor delays or failure to obtain funding will not be considered as events beyond the Town'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 thirty 30 days has elapsed. 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: 200,000 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 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. 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. 143-215.6C. 8. 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. NC0071943. In the event of an NPDES permit modification or renewal, any effluent limitations or a SOC EMC WQ 96-15 Page Six monitoring requirements contained therein shall supersede those contained in Attachment A of this Special Order by Consent, except as modified and contained in paragraph 3(e) above. 9. The Town, upon signing the Special Order by Consent, will be expected to comply with all schedule dates, terms, and conditions of this document. 10. This Special Order by Consent shall expire on April 30, 1998 For the Town of Boiling Springs: Signature) Date (Title) For the North Carolina Environmental Management Commission Date Chair of the Commission sa j ATTACHMENT A SOC EMC WQ NO. 96-15 EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS -Interim NPDES PERMIT NO. NCO071943 During the period beginning on the effective date of this Special Order and lasting until January 31, 1998, the Company is authorized to discharge from outfall serial number 001. Such discharge shall be limited and monitored by the Company as specified below: Effluent Characteristics Discharge Limitations Monitoring Requirements Measurement Sample " Sample Monthly Avg. Weekly Avg. Daily Max. Frequency Type Location Flow 0.500 MGD Continuous Recorder I or E unn_ g; na.,_ 2nOc** 40.0 mcd 1 60.0 mg/1 Weekly composite E,I NH3 as N 2/Month Composite E Fecal Coliform eometric mean Monitoring Only Weekly Grab E Total Residual Chlorine 2/week Grab E Temperature, °C Weekly Grab E Total Nitrogen (NO2+NO3+TKN) Semi -Annually Composite E Total Phosphorus Semi -Annually 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). 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. State of North Carolina Department of Environment, Health and Natural Resources Mooresville Regional Office James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary I WA 6�lr lie DEHNR DIVISION OF WATER QUALITY September 4, 1996 Mr. Richard Howell, Town Administrator Town of Boiling Springs Post Office Box 1014 Boiling Springs, N.C. 28017 Subject: Request for Additional Information Town of Boiling Springs SOC Request EMC SOC WQ 96-15 Cleveland County, N.C. Dear Mr. Howell: An instream assessment has been prepared by the Division's Technical Support Branch for the proposed increase in flow as requested by the Town in the subject SOC application. The proposed SOC interim limits for the Boiling Springs WWT facility are as follows: Monthlv Average Weekly Average Flow 0.500 MGD N/A BOD 30.0 mg/1 60.0 mg/1 TSS 40.0 mg/1 65.0 mg/l Fecal Coliform *4510 colonies/100 ml N/A *Based upon an average of five samples/month Additionally there are several items in the SOC application which need to .be clarified .before the draft SOC document can be prepared. These items are as follows: 1) Is the proposed parallel 0.300 MGD package plant of the same Aero-Mod design as the existing facility? If not, what type of design is planned and is it compatible with the existing WWT system? 919 North Main StreQt, N�W�C FAX 704-663-6040 Mooresville, North Carolina 28115 An Equal FAX Action Employer Voice 704-663-1699 50°k recycled/10% post -consumer paper Mr. Rick Howell September 4; 1996 Page Two 2) What WWTP processes will be modified during the rehabilitation of the existing Aero-Mod unit? Also, please provide a detailed description of the sequence of construction, including a discussion on whether the rehabilitation will utilize existing structures or involve new construction. 3) How are the operation and maintenance suggestions and recommendations in the MCIP performance evaluation being incorporated into the rehabilitation? 4) Is there• a stand-by power supply on -site and/or surge protectors on the existing equipment? If stand-by power does not exist, how are the requirements for reliability as set forth in North Carolina Administrative Code (NCAC) 2H .0124 (copy attached) to be met? 5) Will the new facility be constructed before the modifications to the existing plant, vice versa, or concurrently? It is our understanding that the Department's Construction Grants and Loans section has requested copies of any inflow/ infiltration (I/I) studies that have been prepared by the Town's engineer (see attached letter). This information will also be helpful in the preparation of the draft SOC. Please forward a copy of any I/I studies to this Office. Also, please be aware that the SOC will include an upfront penalty assessment for the violations which occurred from May 1995 through April 1996. If you have any questions, or wish to schedule a meeting to discuss this SOC requost, please feel free to contact Ms. Patricia Beam or Mr. Richard Bridgeman of this Office at (704) 663-1699. Sincerely, f D. Rex Gleason, P.E. Water Quality Regional Supervisor Attachment PB 03i05i98 11:43 TOWN OF BOILING SPRINGS -> 17046636040 NO. 172 D01 TOWN OF BCNLIN43 PAWG$. TO:r Q �t w �y�i r �i*��� •�� C7w h Co - ' 6 u� w e 7 -tr a i1 cod a �. v V-N b a �� `(- d �•. va �' h f d oc• 4 Y 03/05/93 11:43 TOWN OF BOILING SPRINGS 4 17046636040 NO. 172 902 Town dBome'vni! Springs Cp P.O. BOX 1014 BOILING SPRINGS, N.C. 28017 704-434-2357 COMMISSIONERS HOUERT B, HAMRICK. MAYOR PRO•TEM CLINE W"RICK WILLIAM K. ELLIOTT BILL ELLIS ALBERT GLENN Charles Wiesner Town of Boiling Springs PO Box 1014 Boiling Springs, NC 28017 2/12/98 Subject: Bob Sledge DENR PO Box 29535 Raleigh, NC 27620-0535 Dear Mr. Sledge: N.C. DEPT. OF ENVI r ONtARI U, UBA-LTH , F i-TlaTURAL I€1 SOURCES F)"VIR 5 '1998 utiUneS+! LE I�cu,r�i ME Violation Special Order of Con$ont EMCWQ 96-15 Town of Boiling Springs Cleveland County MAX MIAMRICK Mayor RICK HOWELL Town AdmWstMtor MARGRETTA McKEE VWX The Special Order of Consent (SOC) dated December 5, 1997 allows the maximum daily flow to be .350 MOD. January 1998 the average monthly flow was .357 MOD. This puts Th TpwtX of Boiling Springs in violation.of the SOC. The following rainfall data was recorded at the WWTP during the month of January 1998 ag follows: 1-0 17-.95 2-0 18-0 3-0 19-,d 4-0 20-.1 5-< 1 21-0 6-.15 22-0 7-.2 23-1.0 8--9 24-0 9.0 25-0 M I 03/05/98 11:44 TOWN OF BOILING SPRINGS -► 17046636040 10-0 26-0 11-0 27-.5 12-0 28-2.1 13-.1 29-0 14-0 30-0 15-.5 31-0 16-.5 Total 7 inches NO. 172 IP03 On page four of SOC EMCWQ 96-15 #5 section a. is the stipulation "An act of God". I am requesting the Town, of Boiling Springs not have to pay the $1000 fine because T' of -rain in January be considered an act of God. The Town ofBoiling Springs WVWTP met the dAuent limitations for January 1998, If you have any questions concerning this report, please contact me at 704-434-5000 WWTF. Respectfully Submitted, Charles Wiesner (SRC cc: Rick Howell Town Administrator Joey Gantt Public Works Director Patricia Beam DENR Kevin Jones Culligan Operating Services 9r b State of North Carolina Department of Environment, Health and Natural Resources Mooresville Regional Office James B. Hunt, Jr., Governor IDE-=HNF:;Z DIVISION OF WATER QUALITY August 7, 199W Mr. Richard Howell, Town Administrator Town of Boiling Springs Post Office Box 1014 Boiling Springs, N.C. 28017 Subject: Request for Additional Information Town of Boiling Springs SOC Request EMC SOC WQ 96-15 Cleveland County, N.C. Dear Mr. Howell: It has come to this Office's attention that the request for 200,000 gallons of additional flow included in the Special Order by Consent (SOC) application was not accompanied by the required justification for the increased flow. Section VIH.1 states that "if domestic wastewater is requested for residential and commercial growth, a justification must be made as to the flow being requested. This flow request must be based on past growth record, documented growth projections, annexation plans, specific subdivision commitments, etc. The justification must include a listing of all proposed development areas and associated flows." Please submit a written justification for the request of additional flow as soon as possible. If you have any questions, please feel free to contact Ms. Patricia Beam or Mr. Richard Bridgeman of this Office at (704) 663-1699. Sincerely, D. Rex Gleason, P.E. Water Quality Regional Supervisor PB 919 North Main Street, ��y. FAX 704-663-6040 Mooresville, North Carolina 28115 �� An Equal Opportunity/Affirmative Action Employer Voice 704-663-1699 50% recycled/10% post -consumer paper State of North Carolina Department of Environment and Natural Resources l \ Division of Water Quality &14J ` James B. Hunt, Jr., Governor Wayne McDevitt, Secretary C) E N F=?L A. Preston Howard, Jr., P.E., Director December 5, 1997 N.G. n�z�?"r• Ou FA NATURAL R17,;n)UJ(:1$s The Honorable Max J. Hamrick Town of Boiling Springs Post Office Box 1014 Boiling Springs, NC 28017 Dear Mayor Hamrick: NO 9 1997 "'A —W OMMAL Of Subject: Special Order by Consent EMC WQ 96-15 Town of Boiling Springs WWTP Cleveland County Attached for your records is a copy of the signed Special Order by Consent approved by the Environmental Management Commission. The terms and conditions of the Order are in full effect, and you are reminded that all final permit limits contained in the permit must be met except those modified by the conditions of the Order. This also acknowledges receipt of your check number 33019 in the amount of $12,456.00. This payment satisfies in full the penalty assessed in association with the Special Order by Consent. If you have questions concerning this matter, please contact Bob Sledge at (919) 733-5083, extension 233. Sincerely, / A. Preston Howard, Jr. P. Attachment cc: MooresvillgJRegional_Office" Mike I-Iom, EPA Jimmie Overton Robert Farmer SOC Files Central Files P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION COUNTY OF CLEVELAND IN THE MATTER OF ) NORTH CAROLINA ) SPECIAL ORDER BY CONSENT NPDES PERMIT ) EMC WQ NO. 96-15 NO. NC0071943 ) HELD BY THE TOWN ) OF BOILING SPRINGS ) 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 Boiling Springs, 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. NC0071943 for operation of an existing wastewater treatment works and for making an outlet therefrom for treated wastewater to Sandy Run Creek, Class C waters of this State in the Broad River Basin, but is unable to comply with the final effluent limitations for Flow, BOD5, TSR, and Fecal Coliform as set forth in the Permit for Outfall 001. Compliance will require the Town to prepare plans and specifications for the construction of additional treatment works, plus improvements and modifications to the existing wastewater treatment and collection system. (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 50,000 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 or will secure 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. (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. SOC EMC WQ 96-15 Page Two 2. The Town agrees to pay the North Carolina Department of Environment, Health, and Natural Resources the sum of $12,456.00 for violations of G.S. 143-215.1 and NPDES Permit No. NC0071943. The payment shall be submitted to the Director of the Division of Water Quality, Post Office Box 29535, Raleigh, North Carolina 27626-0535, within thirty (30) days of the signing 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. This settlement covers violations accruing subsequent to May, 1995. 3. The Town, 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 NPDES permit except those effluent limitations identified in paragraph 1(a) above and 3(e) below. Should the permit, be modified or renewed during the period this Special Order is in effect, then comply with all terms and conditions of the permit except those effluent limitations that have been modified, as identified in paragraph 3(e) below. See Attachments A for all current monitoring requirements and effluent limitations. The Town may also be required to monitor for other parameters as deemed necessary by the Director in future permits or administrative letters. (b) Undertake the following activities in accordance with the indicated time schedule: 1) Submit plans and specifications for the new facility by December 31, 1996.. MET 2) After receiving appropriate permits from the Division, begin construction of a 0.300 MGD wastewater treatment plant parallel to the existing facility by April 30, 1998. 3) Complete construction of parallel treatment units, complete repairs and modifications to the existing system, and complete inflow/ infiltration work on the collection system (as outlined in the October 4, 1995 letter for fiscal year 1996-1997) by January 1, 1999. 4) Attain compliance with final effluent limitations by March 1, 1999. (c) Submit to the Mooresville Regional Office, located at 919 North Main Street, Mooresville, North Carolina 28115, monthly progress reports relative to activities identified in paragraph 3(b) above. The first report is due on May 15, 1998, with similar reports due the fifteenth (15) day of each subsequent month. SOC EMC WQ 96-15 Page Three (d) Comply with all terms and conditions of the permit except those effluent limitations identified in paragraph 1(a) above. See Attachment A for all monitoring require- ments 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. (e) During the time in which this Special Order by Consent is effective, comply with the interim effluent limitations contained in Attachments A, except as provided for in paragraph 3(a) above should the permit be modified or renewed. The following reflects only the limitations that have been modified from NPDES requirements by this Order: Outfall Serial No. 001: Parameters Flow BOD5 TSR Fecal Coliform Permit Limits Mon. Ave. Weekly Avg_. 0.300 MGD N/A 30.0 mg/1 30.0 mg/l Modified Limits Mon. Ave. Weekly Avg: 0.350 MGD N/A 40.0 mg/l - 60.0 mg/l 45.0 mg/l 50.0 mg/1 65.0 mg/l Monitoring Only 45.0 mg/l (f) No later than 14 calendar days after ay date identified for accomplishment of my activily listed in 3 b,) above, submit to the Director of the North Carolina Division of Water Quali(DWO) written notice of compliance or noncompliance therewith. In the case of noncompliance. the notice shall include a statement of the reasons for noncompliance, remedial actions taken, and a statement identifying the extent to which subsequent dates or times for accomplishment of listed activities may be affected. (g) Enforce the water conservation provisions of the State Building Code as it applies to new residential construction (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). SOC EMC WQ 96-15 Page Four 4. The Town agrees that unless excused under paragraph 5, the Company will pay the Director of DWQ, by check payable to the North Carolina Department of Environment, Health and Natural Resources, according to the following schedule for failure to meet the deadlines set out in paragraphs 3(b) and 3(f), or failure to attain compliance with the effluent limitations/ monitoring requirements contained in Attachments A, except as provided for in paragraph 3(a) above. Failure to meet a schedule date Violation of any limit modified Monitoring frequency violations Failure to submit progress reports identified in paragraph 3(c). $100/day for the first 7 days;$500/day thereafter $1000 per violation by this Order $100 per omitted value per parameter $50/day for the first 7 days; $250/day thereafter Failure to achieve compliance with $2000 final effluent limits at final compliance deadline 5. The Town and the Commission agree that the stipulated penalties are not due if the Town satisfies the DWQ 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 Town or if the act or omission occurs in connection with a contractual relationship with the Town; d. An extraordinary event beyond the Town's control. Contractor delays or failure to obtain funding will not be considered as events beyond the Town'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 thirty 30 days has elapsed. SOC EMC WQ 96-15 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: 50,000 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 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. 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- 215.6C. 8. 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. NC0071943. In the event of an NPDES permit modification or renewal, any effluent limitations 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 3(e) above. 9. The Town, upon signing the Special Order by Consent, will be expected to comply with all schedule dates, terms, and conditions of this document. - 10. This Special Order by Consent shall expire on June 30, 1999. ATTACHMENT A SOC EMC WQ NO. 96-15 NPDES PERMIT NO. NCO071943 EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS -Interim r wnZ, .301 M 9 During the period beginning on the effective date of this Special Order and lasting until Taa-, , the Company is authorized to discharge from outfall serial number 001. Such discharge shall be limited and monitored by the Company as specified below: Effluent Characteristics Discharge Limitations Monitoring Requirements Measurement . Sample ' Sample Monthly Avg: Weekly Avg, Daily FreaueR_CY —Type Location Flow 0.350 MGD Continuous Recorder I or E BOD, 5 Day, 20°C** 40.0 mg/1 60.0 mg/1 Weekly Composite E,I Total Suspended Residue** 50.0 mg/1 65.0 mg/1 Weekly Composite E,I NH3 as N 2/Month Composite E Fecal Coliform (geometric mean) Monitoring Only Weekly Grab E Total Residual Chlorine 2/week Grab E Temperature, °C Weekly Grab E Total Nitrogen (NO2+NO3+TKN) Semi -Annually Composite E Total Phosphorus Semi -Annually Composite E * Sample locations: E - Effluent, I - Influent ** The monthly average effluent BOD; and Total Suspended Residue concentrations shall not ekceed 15% of the respective influent value (85% removal). 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. SOC EMC WQ 96-15 Page Six For the Town of Boiling Springs: (Signature) �KC!y0Y Date of (Title) For the North Carolina Envirpnmental Management Commission Date `Z — 3 — 97 `oA Chair of the Commission State of North Carolina Department of Environment, Health and Natural Resources Mooresville Regional Office James B. Hunt, Jr., Governor e�� E)EHNF;Z DIVISION OF WATER QUALITY August 26, 1997 Mr. Rick Howell, City Manager Town of Boiling Springs P.O. Box 1014 Boiling Springs, North Carolina 28017 Subject: Special Order by Consent Town of Boiling Springs NPDES Permit No. NCO071943 EMC WQ 96-15 Cleveland County Dear Mr. Howell: Enclosed please find a copy of an updated Special Order by Consent (SOC) developed in response to the Division's Construction Grants and Loans Section's proposal for modified construction and compliance dates included in the 201 Facilities Plan update (dated July 28, 1997) for the Town of Boiling Springs. Also, based upon the data provided in your August 19, 1997 letter outlining the expected growth rate of the Town of Boiling Springs and Gardner -Webb University, an interim flow limit of 350,000 gpd (current flow + additional 50,000 gpd) is proposed during the term of the SOC. An interim increase of 200,000 gpd was not substantiated. If you are satisfied with 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 the Division for final approval. Should you have questions or require assistance, please do not hesitate to contact either Patricia Beam or me at 704/663-1699. Sincerely, D. Rex Gleason, P. E. Water Quality Regional Supervisor N Enclosure PB 919 North Main Street, y� FAX 704-663-6040 Mooresville, North Carolina 28115 �An Equal Opportunity/Affirmative Action Employer Voice 704-663-1699 - 500% recycled/ 10% post -consumer paper NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION COUNTY OF CLEVELAND IN THE MATTER OF ) NORTH CAROLINA ) SPECIAL ORDER BY CONSENT NPDES PERMIT ) EMC WQ NO.96-15 NO. NC0071943 ) HELD BY THE TOWN ) OF BOILING SPRINGS ) 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 Boiling Springs, 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: The Town and the Commission hereby stipulate the following: (a) That the Town holds North Carolina NPDES Permit No. NC0071943 for operation of an existing wastewater treatment works and for making an outlet therefrom for treated wastewater to Sandy Run Creek, Class C waters of this State in the Broad River Basin, but is unable to comply with the final effluent limitations for Flow, BOD5, TSR, and Fecal Coliform as set forth in the Permit for Outfall 001. Compliance will require the Town to prepare plans and specifications for the construction of additional treatment works, plus improvements and modifications to the existing wastewater treatment and collection system. (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 50,000 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 or will secure 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. (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. SOC EMC WQ 96-15 Page Two 2. The Town agrees to pay the North Carolina Department of Environment, Health, and Natural Resources the sum of $12,456.00 for violations of G.S. 143-215.1 and NPDES Permit No. NC0071943. The payment shall be submitted to the Director of the Division of Water Quality, Post Office Box 29535, Raleigh, North Carolina 27626-0535, within thirty (30) days of the signing 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. This settlement covers violations accruing subsequent to May, 1995. 3. The Town, desiring to comply with the permit identified in paragraph l(a) above, hereby agrees.to do the following: (a) Comply with all terms and conditions of the NPDES permit except those effluent limitations identified in paragraph 1(a) above and 3(e) below. Should the permit be modified or renewed during the period this Special Order is in effect, then comply with all terms and conditions of the permit except those effluent limitations that have been modified, as identified in paragraph 3(e) below. See Attachments A for all current monitoring requirements and effluent limitations. The Town may also be required to monitor for other parameters as deemed necessary by the Director in future permits or administrative letters. (b) Undertake the following activities in accordance with the indicated time schedule: 1) Submit plans and specifications for the new facility by December 31, 1996. - MET 2) After receiving appropriate permits from the Division, begin construction of a 0.300 MGD wastewater treatment plant parallel to the existing facility by April 30, 1998. 3) Complete construction of parallel treatment units, complete repairs and modifications to the existing system, and complete inflow/ infiltration work on the collection system (as outlined in the October 4, 1995 letter for fiscal year 1996-1997) by January 1, 1999. 4) Attain compliance with final effluent limitations by March 1, 1999. (c) Submit to the Mooresville Regional Office, located at 91.9 North Main Street, Mooresville, North Carolina 28115, monthly progress reports relative to activities identified in paragraph 3(b) above. The first report is due on May 15, 1998, with similar reports due the fifteenth (15) day of each subsequent month. SOC EMC WQ 96-15 Page Three (d) Comply with all terms and conditions of the permit except those effluent limitations identified in paragraph 1(a) above. See Attachment A for all monitoring require- ments 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. (e) During the time in which this Special Order by Consent is effective, comply with the interim effluent limitations contained in Attachments A, except as provided for in paragraph 3(a) above should the permit be modified or renewed. The following ,reflects only the limitations that have been modified from NPDES requirements by this Order: Outfall Serial No. 001: Parameters Flow BOD5 TSR Fecal Coliform Permit Limits Mon. Ave. Weekly Avg. 0.300 MGD N/A 30.0 mg/1 30.0 mg/1 45.0 mg/1 Modified Limits Mon. Ave. Weekly Avg 0.350 MGD N/A 40.0 mg/l 60.0 mg/1 45.0 mg/l 50.0 mg/1 65.0 mg/l Monitoring Only (f) No later than 14 calendar days after any date identified for accomplishment of any activity listed in 30b above, submit to the Director of the North Carolina Division of Water Quality (DWQ) written notice of compliance or noncompliance therewith. In the case of noncompliance, the notice shall include a statement of the reasons for noncompliance, remedial actions taken, and a statement identif3ing the extent to which subsequent dates or times for accomplishment of listed activities May be affected. (g) Enforce the water conservation provisions of the State Building Code as it applies to new residential construction (Volume H-Plumbing, Chapter 9, 901 General Requirements - Materials, 901.2 Water Conservation, and Table 901.2.2 - Maximum Allowable Water Usage For Plumbing Fixtures). SOC EMC WQ 96-15 Page Four 4. The Town agrees that unless excused under paragraph 5, the Company will pay the Director of DWQ, by check payable to the North Carolina Department of Environment, Health and Natural Resources, according to the following schedule for failure to meet the deadlines set out in paragraphs 3(b) and 3(f), or failure to attain compliance with the effluent limitations/ monitoring requirements contained in Attachments A, except as provided for in paragraph 3(a) above. Failure to meet a schedule date $100/day for the first 7 days;$500/day thereafter Violation of any limit modified $1000 per violation by this Order Monitoring frequency violations $100 per omitted value per parameter Failure to submit progress reports $50/day for the first 7 days; $250/day thereafter identified in paragraph 3(c). Failure to achieve compliance with $2000 final effluent limits at final compliance deadline 5. The Town and the Commission agree that the stipulated penalties are not due if the Town satisfies the DWQ 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 parry, but this defense shall not be available if the act or omission is that of an employee or agent of the Town or if the act or omission occurs in connection with a contractual relationship with the Town; d. An extraordinary event beyond the Town's control. Contractor delays or failure to obtain funding will not be considered as events beyond the Town's control; or 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 thirty 30 days has elapsed. SOC EMC WQ 96-15 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: 50,000 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 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. 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- 215.6C. 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. NC0071943. In the event of an NPDES permit modification or renewal, any effluent limitations 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 3(e) above. 9. The Town, upon signing the Special Order by Consent, will be expected to comply with all schedule dates, terms, and conditions of this document. 10. This Special Order by Consent shall expire on June 30, 1999. SOC EMC WQ 96-15 Page Six For the Town of Boiling Springs: (Signature) Date (Title) For the North Carolina Environmental Management Commission Date Chair of the Commission ATTACHMENT A SOC EMC WQ NO. 96-15 NPDES PERMIT NO. NCO071943 EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS -Interim During the period beginning on the effective date of this Special Order and lasting until January 31, 1998, the Company is authorized to discharge from outfall serial number 001. Such discharge shall be limited and monitored by the Company as specified below: Effluent Characteristics Discharge Limitations Monitoring Requirements Measurement Sample * Sample Monthly Avg;, Weekly Avg, Dail, Max. Frequene T— Location Flow 0.350 MGD Continuous Recorder I or E BOD, 5 Day, 20°C** 40.0 mg/1 60.0 mg/1 Weekly Composite E,I Total Suspended Residue** 50.0 mg/1 65.0 mg/1 Weekly Composite E I NH3 as N 2/Month Composite E Fecal Coliform (geometric mean) Monitoring Only Weekly Grab E Total Residual Chlorine 2/week Grab E Temperature, °C Weekly Grab E Total Nitrogen (NO2+NO3+TKN) Semi -Annually Composite E Total Phosphorus Semi -Annually 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). 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. PV Town of Boiling Swings COMMISSIONERS ROBERT B. HAMRICK, MAYOR PRO-TEM CLINE HAMRICK WILLIAM K. ELLIOTT BILL ELLIS ALBERT GLENN September 4, 1997 Mr. D. Rex Gleason, P.E. Regional Supervisor DEHNR - DWQ 919 North Main Street Mooresville, NC 28115 Dear Mr. Gleason: P.O. BOX 1014 BOILING SPRINGS, N.C. 28017 704-434-2357 r_'i;� MAX HAMRICK Mayor $FP y it}7 Re: Town of Boiling Springs EMC SOC WQ 96-15 Cleveland County, NC RICK HOWELL Town Administrator MARGRETTA McKEE Clerk Please find enclosed one original copy of the executed Special Order By Consent as referenced above. This agreement was approved by the Town Board of Commissioners at its regular meeting held Tuesday, September 2, 1997. It is anticipated that the town will receive approval to solicit bids for expansion of the WWTP within the next 60-90 days with construction beginning during the first quarter of 1998. In the interim the town has made great strides in achieving compliance on a consistent basis although areas of concern still remain. One of these concerns involves the occurrence of I/I during the wet weather months. It is my understanding from our earlier conversations that I/I flows during these months would be taken into consideration in relation to the modified flow limit of 350,000 gpd as long as the town is making progress on the plant expansion and is in compliance with the other modified limits. This is of obvious concern due to the potential for heavy rains during certain times of the year. If you have questions or if I can be of any assistance please feel free to contact me. Sin ely, J c 'and o-C ell,�Jr i Ve i cc: Mr. Jerry Twiggs, West and Associates, P.A. ppr NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION COUNTY OF CLEVELAND 1N THE MATTER OF ) NORTH CAROLINA ) SPECIAL ORDER BY CONSENT NPDES PERMIT ) EMC WQ NO. 96-15 NO. NC0071943 ) HELD BY THE TOWN ) OF BOILING SPRINGS ) 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 Boiling Springs, 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: The Town and the Commission hereby stipulate the following: (a) That the Town holds North Carolina NPDES Permit No. NC0071943 for operation of an existing wastewater treatment works and for making an outlet therefrom for treated wastewater to Sandy Run Creek, Class C waters of this State in the Broad River Basin, but is unable to comply with the final effluent limitations for Flow, BOD5, TSR, and Fecal Coliform as set forth in the Permit for Outfall 001. Compliance will require the Town to prepare plans and specifications for the construction of additional treatment works, plus improvements and modifications to the existing wastewater treatment and collection system. (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 50,000 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 or will secure 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. (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. SOC EMC WQ 96-15 Page Two 2. The Town agrees to pay the North Carolina Department of Environment, Health, and Natural Resources the sum of $12,456.00 for violations of G.S. 143-215.1 and NPDES Permit No. NC0071943. The payment shall be submitted to the Director of the Division of Water Quality, Post Office Box 29535, Raleigh, North Carolina 27626-0535, within thirty (30) days of the signing 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. This settlement covers violations accruing subsequent to May, 1995. 3. The Town, 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 NPDES permit except those effluent limitations identified in paragraph 1(a) above and 3(e) below. Should the permit be modified or renewed during the period this Special Order is in effect, then comply with all terms and conditions of the permit except those effluent limitations that have been modified, as identified in paragraph 3(e) below. See Attachments A for all current monitoring requirements and effluent limitations. The Town may also be required to monitor for other parameters as deemed necessary by the Director in future permits or administrative letters. (b) Undertake the following activities in accordance with the indicated time schedule: 1) Submit plans and specifications for the new facility by December 31, 1996. MET 2) After receiving appropriate permits from the Division, begin construction of a 0.300 MGD wastewater treatment plant parallel to the existing facility by April 30, 1998. 3) Complete construction of parallel treatment units, complete repairs and modifications -to the existing system, and complete inflow/ infiltration work on the collection system (as outlined in the October 4, 1995 letter for fiscal year 1996-1997) by January 1, 1999. 4) Attain compliance with final effluent limitations by March 1, 1999. (c) Submit to the Mooresville Regional Office, located at 919 North Main Street, Mooresville, North Carolina 28115, monthly progress reports relative to activities identified in paragraph 3(b) above. The first report is due on May 15, 1998, with similar reports due the fifteenth (15) day of each subsequent month. SOC EMC WQ 96-15 Page Three (d) Comply with all terms and conditions of the permit except those effluent limitations identified in paragraph 1(a) above. See Attachment A for all monitoring require- ments 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. (e) During the time in which this Special Order by Consent is effective, comply with the interim effluent limitations contained in Attachments A, except as provided for in paragraph 3(a) above should the permit be modified or renewed. The following reflects only the limitations that have been modified from NPDES requirements by this Order: Outfall Serial No. 001: l Parameters Flow BOD5 TSR Fecal Coliform Permit Limits Mon. Avg. Weekly Avg 0.300 MGD N/A 30.0 mg/l 30.0 mg/1 Modified Limits Mon. Avg. Weekly Avg, 0.350 MGD N/A 40.0 mg/l 60.0 mg/l 45.0 mg/1 50.0 mg/1 65.0 mg/l Monitoring Only 45.0 mg/l (f) No later than 14 calendar days after ay date identified for accomplishment of any activi1y listed in 3 b above, submit to the Director of the North Carolina Division of Water Quality DW written notice of compliance or noncompliance therewith. In the case of noncompliance, the notice shall include a statement of the reasons 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. (g) Enforce the water conservation provisions of the State Building Code as it applies to new residential construction (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). SOC EMC WQ 96-15 Page Four 4. The Town agrees that unless excused under paragraph 5, the Company will pay the Director of DWQ, by check payable to the North Carolina Department of Environment, Health and Natural Resources, according to the following schedule for failure to meet the deadlines set out in paragraphs 3(b) and 3(f), or failure to attain compliance with the effluent limitations/ monitoring requirements contained in Attachments A, except as provided for in paragraph 3(a) above. Failure to meet a schedule date $100/day for the first 7 days;$ 5 00/day thereafter Violation of any limit modified $1000 per violation by this Order Monitoring frequency violations $100 per omitted value per parameter Failure to submit progress reports $50/day for the first 7 days; $250/day thereafter identified in paragraph 3(c). Failure to achieve compliance with $2000 final effluent limits at final compliance deadline 5. The Town and the Commission agree that the stipulated penalties are not due if the Town satisfies the DWQ 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 Town or if the act or omission occurs in connection with a contractual relationship with the Town; d. An extraordinary event beyond the Town's control. Contractor delays or failure to obtain funding will not be considered as events beyond the Town'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 thirty 30 days has elapsed. SOC EMC WQ 96-15 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: 50,000 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 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. 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- 215.6C. 8. 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. NC0071943. In the event of an NPDES permit modification or renewal, any effluent limitations 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 3(e) above. 9. The Town, upon signing the Special Order by Consent, will be expected to comply with all schedule dates, terms, and conditions of this document. 10. This Special Order by Consent shall expire on June 30, 1999. SOC EMC WQ 96-15 Page Six For the Town of Boiling Springs: Date q' a (Title) For the North Carolina Environmental Management Commission Date Chair of the Commission ATTACHMENT A SOC EMC WQ NO. 96-15 NPDES PERMIT NO. NCO071943 EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS -Interim During the period beginning on the effective date of this Special Order and lasting until January 31, 1998, the Company is authorized to discharge from outfall serial number 001. Such discharge shall be limited and monitored by the Company as specified below: Effluent Characteristics Discharge Limitations Monitoring Requirements +Sample Measurement Sample Monthly Avg. Weekly Avg. Daily Max. Frequency Type Location Flow 0.350 MGD Continuous Recorder I or E BOD, 5 Day, 20°C** 40.0 mfy/1 60 0 mg/1 Weekly Composite E,I Total Suspended Residue** 50.0 mg/1 65.0 mg/1 Weekly Composite E,I NH3 as N 2/Month Composite E Fecal Coliform (geometric mean) Monitoring Only Weekly Grab E Total Residual Chlorine 2/week Grab E Temperature, °C Weekly Grab E Total Nitrogen (NO2+NO3+TKN) Semi -Annually Composite E Total Phosphorus Semi -Annually Composite E * Sample locations: E - Effluent, I -,Influent ** The monthly average effluent BOD; and Total Suspended Residue concentrations shall not exceed 15% of the respective influent value (85% removal). 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. N.C. DE ,',' —I. OF BNVIPOI3 - !E�,dT, HEALTH, Town of Boiling SSpringsNATUDI,L I_� ._L;, COMMISSIONERS ROBERT B. HAMRICK, MAYOR PRO-TEM CLINE HAMRICK WILLIAM K. ELLIOTT BILL ELLIS ALBERT GLENN P.O. BOX 1014 J A N 1 7 9597 BOILING SPRINGS, N.C. 28017 704-434-2357 C.'j,MAX;HAMRICK Mayor January 14, 1997 Mr. Bobby Blowe Construction Grants and Loan Section PO Box 29579 Raleigh, NC 27626-0579 Dear Mr. Blowe: RICK HOWELL Town Administrator MARGRETTA McKEE Clerk Re: Boiling Springs MTP Loan and Grant Application This letter is a follow up to a January 13, 1997 conversation with Mr. Allen Wahab regarding the status of the above referenced application. The Town has received a proposed Special Order by Consent from the Mooresville Regional Office and is considering executing this agreement. However, availability of funding and the timing of such funding are of obvious concern to the Zhwn. This letter is an inquiry as to whether funds may be available to the Thwn of Boiling Springs in 1997 and if so when an award may be announced. The Town wishes to finalize the proposed SOC with the Mooresville Regional Office and this information would be most helpful in doing so. The current proposed SOC schedule requires submittal of plans and specs by 12/31/96 (Completed), begin construction by 5/31/97, complete construction by 3/31/98 and attain compliance by 6/30/98. Your prompt attention to this matter would be much appreciated. If you have questions please feel free to contact me at (704) 434-2357. Sincere , r J. ch d Howell, Jr. To Administrator cc: Mr. D. Rex Gleason, PE, Mooresville Regional Office :_Mr. Jerry Twiggs, West and Associates, P.A. Town of BoilingSprings J P.O. BOX 1014 BOILING SPRINGS, N.C. 28017 704-434-2357 COMMISSIONERS ROBERT B. HAMRICK, MAYOR PRO-TEM CLINE HAMRICK WILLIAM K. ELLIOTT BILL ELLIS ALBERT GLENN October 23, 1996 Ms. Patricia Beam Division of Environmental Management 919 North Main Street Mooresville, NC 28115 Dear Ms. Beam: N.c. DEPT. OF E�1VI RC, . ;'U, - 7E F LTII & NATUPA 'FS OCT 2 5 1996 MAX HAMRICK Mayor RICK HOWELL Town Administrator MARGRETTA McKEE Clark ➢IVISIOU OF MkNAULMENT - 1�00RLSVUE Pi NNAL OFFICE Re: Town of Boiling Springs NPDES Permit: NCO071943 EMC SOC WQ 96-15 In regard to our conversation on Tuesday, October 22, 1996, the Town is submitting the following information: 1. Plans and specifications are expected to be completed and submitted to the appropriate state agency on or around December 15, 1996. West and Associates, P.A. have indicated that the October 1, 1996 date could not be met due to additional research into other design alternatives. The Town has chosen to proceed with expansion of the existing Aeromod system. If you have questions or if I can be of any assistance please feel free to contact me. ;Se4r, Ul�1Co Howel , Jr. nistrator cc: Mr. Chester R. West - West and Assoc. Mr. Jerry Twiggs - West and Assoc. Mr. Charles Weisner - WWTP ORC File Town of Boiling Spfing& N.C. DEPT. OF Vli�f?1�1i,4��r�'r i'�',kLT£3 P.O. BOX 1014 BOILING SPRINGS; N.C: 28017 SEP 2 ® 1996 704-434-2357 COMMISSIONERS ROBERT B. HAMRICK, MAYOR PRO-TEM CLINE HAMRICK WILLIAM K. ELLIOTT BILL ELLIS ALBERT GLENN MAX HAMRICK DIVIS!Od 07 ; ! ,a�:,,MayoSr liln+ir,. a L� M,00RcuVILLE R'G!v11kh&OWELL Town Administrator February 14, 1996 MARGR CT rk McKEE Mr. D. Rex Gleason Division of Environmental Management 919 North Main Street Mooresville, NC 28115 Dear Mr. Gleason: Re: Town of Boiling Springs NPDES Permit:. NCO071943 EMC SOC W_ 96-15 In response to your letter dated September 4, 1996, the Town is submitting the following additional information: 1. Our consulting engineer, Mr. Chester West, is preparing plans for an additional_ .300 MGD AeroDiod unit to be placed parallel to the existing s,,-stean. 2. The rehabilitation of tce existing Aerbrkxi unit will inc'_ .de the replacement of diffusers, hoses, valves, etc. There will be no process ini.XAz'U:c3t i TiiS . 3. The plant upgrade will include a generator for a stand by power supply. 4. '1he Town has contracted with Culligan Operating Services to operate the wastewater treatment plant and maintain the 4 existing lift stations. Culligan has implemented the recommendations made in the 1993 IACIP performance evaluation. In addition to the ORC and backup ORC provided by Culligan, the Toi.k7n provides additional staff to assist in the operation and iitaintenance of the plant and lift stations. 5. ne proposed construction sequence is as follu.as : a. Construction of a new .300 NIGD AeroMbd system. This system will then be placed into service. b. After the new unit is placed into service the exxisti:ig AeroMod unit will be rerved from service to make r*�s which are necessary. Repairs ii,,cLude re.D.1acenent of diffusers, hoses,., valves, flexible piping etc... c. Install the generator concurrently with construction of new AeroMod PPF Page 2 - 9/19/96 d. Construct a new chlorination/dechlorination and office building concurrently with new AeroMod system. 6. Culligan has been diligent in their efforts to maximize the efficiency of the wastewater treatment plant. The most recent change is to implement the use of Polymer #787 manufactured by Allied Colloids, Inc. The ORC has indicated that this will help to bring the plant into compliance with current BOD and TSS limits. Non compliance has occurred when Gardner Webb University is in session. The Town continues to work with GWU officials on water conservation initiatives which will ultimately benefit both the University and the Town. During the months students are not on campus the plant has been able to meet the existing limits. The limits recommended by your office are BOD- 30.0 mg/l and TSS - 40 mg/l. The ORC and the consulting engineer have stated that these limits cannot be met while GWU is in session. The -Town is requesting that you consider seasonal limits for BOD - 40 mg/l and TSS - 50 mg/l for the months school is in session and BOD - 30 mg/l and TSS 40 mg/1 for the months school is not in session. If you have questions or if I can be of any assistance please feel free to contact me. S' ely J. owe 1, J Administrator cc: Mr. Chester R. West - West and Assoc. Mr. Jerry Twiggs - West and Assoc. Mr. Charles Weisner - M?TP ORC File