NC0025321_SOC (issuance)_20201231

NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF HAYWOOD
Pik "tai•FI Y s l
NORTH CAROLINA ) SPECIAL ORDER BY CONSENT
NPDES PERMIT NCO025321 )
HELD BY ) EMC SOC WQ S19-005
TOWN OF WAYNESVILLE )
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 Waynesville, 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. 14313-282, 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 NC0025321 for operation of the Town of
Waynesville wastewater treatment plant (WWTP) and for making an outlet therefrom for the
discharge of treated wastewater to the Pigeon River, currently classified C waters of this State
in the French Broad River Basin. The Town is unable to consistently comply with effluent
limitations for Total Suspended Solids (TSS) and fecal coliform as set forth in NPDES Permit
NC0025321. Compliance will require preparation of plans and specifications for construction
and operation of an upgraded WWTP and continued reduction of inflow and infiltration (I&I)
within the collection system.
(b) Noncompliance with final effluent limits 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 has secured funding for the planning, design and construction of improvements to
the current WWTP, which includes upgrade of the headworks, removal of primary clarifiers
and replacement with primary drum filters, rehabilitation of the current aeration basins,
installation of two new circular secondary clarifiers, improvements in solids management,
conversion of the anaerobic digester to an aerated sludge holding tank and conversion from gas
to liquid disinfection. Completion of the project will provide the Town with the ability to
adequately treat incoming wastewater, properly manage solids and aid the facility in returning
to compliance with NPDES Permit No. NC0025321.
(d) Since this Special Order is by Consent, neither party will file a petition for a contested case or
for judicial review concerning its terms.
2. The Town, desiring to comply with the permit identified in paragraph 1(a) above, hereby agrees to
do the following:
(a) The Town has outstanding civil penalty assessments for NPDES permitNCO025321 that total
$20,645.48. The Town has violations that have not been assessed by the Division to -date that
approximate $22,500. As settlement of all violations, including those assessed and pending, the

SOC WQ 519-005
Town agrees to pay an upfront penalty of $4,129.00, with the remaining amount of $16,516.48
to be held in abeyance until the successful completion of this SOC. Upon the successful
completion of this SOC, the remaining penalty amount held in abeyance ($16,516.48 assessed)
will be remitted in full and the assessment of pending violations waived. Should the Special
Order of Consent not reach successful conclusion, the full remaining assessed penalty of
$16,516.48 will be due immediately by check payable to the North Carolina Department of
Environmental Quality and forwarded to the Director. The Division retains the right to address
those violations not assessed approximating $22,500 if the SOC is not successfully completed.
(b) Undertake the following activities in accordance with the indicated time schedule;
(1) Within 60 days, following the issuance of the SOC, submit an update on current I&I
reduction efforts and a copy of the Town's current collection system CIP.
(2) On or before April 15, 2021, submit approvable plans for an Authorization to Construct.
(3) On or before November 1, 2020, submit and/or make available online the flow
measurements obtained from the meter installed downstream of the intermediate pump
station.
(4) Four (4) months following issuance of the AtoC, advertise project, receive bids & receive
authority to award for the construction of plant improvements
(5) Three (3) months following receipt of authority to award the construction contract, begin
construction of the plant improvements as outlined in the AtoC.
(6) Twenty-four (24) months after beginning construction, complete construction of the
Waynesville WWTP improvements.
(7) Three (3) months following completion of construction, achieve compliance with the
NPDES Permit NC0025321.
(8) Provide quarterly progress reports summarizing activities undertaken by the Town
regarding the construction of the WWTP. Reports will also provide a summary of the
performance of the Town's existing WWTP during the previous quarter, and detail efforts
made to optimize the WWTP during that time.
(9) Provide semi-annual progress reports on the Town's concurrent efforts to address and
remove significant sources of 1&I. Additionally, updated copies of the Town's CS CIP
shall be submitted as they become available. Reports may be provided by hard copy or
electronic means and shall be received by the NC DEQ Asheville Regional Office and the
DWR Central Office no later than the 10' day following the end of the quarter during the
period of time the Order is in effect.
(c) During the time in which this Special Order by Consent is effective, comply with the interim
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SOC WQS19-005
effluent limitations contained in Attachment A. Under this Special Order of Consent, only the
parameters listed below have been modified from the most current NPDES Permit in effect.
The following reflects only the limitations that have been modified from NPDES requirements by
this Order:
Current Permit Limits Modified Limits (SOC)
Parameter Units Monthly Average Weekly Average Monthly Average Weekly Average
Total Suspended mg/L 30 45 45 100
Solids (TSS)
Fecal Coliform mg/L 200 400 200 600
(d) No later than thirty (30) calendar days after any date identified for accomplishment of any
activity listed in paragraph 2. (b) (1) — (7) above, submit to the Director of DWR a written
notice of compliance (including the date compliance was achieved along with supporting
documentation if applicable) 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.
3. The Town agrees that unless excused under paragraph four (4), the Town will pay the Director of
DWR; by check payable to the North Carolina Department of Environmental Quality, stipulated
penalties according to the following schedule for failure to meet the deadlines set out in paragraph 2.
SOC Violation
Stipulated Penalty
Failure to meet a schedule date listed in paragraphs
2.(b)(1) through 2.(b)(6).
$1000 per missed schedule date within the first
seven (7) days of tardiness; $750 per day thereafter.
Failure to submit progress reports as required by
paragraph 2.(b)(7&8).
$1000 for the first violation; penalty doubles with
each subsequent assessment for late reports.
Failure to maintain compliance with any modified limit
contained in the SOC.
$1000 for exceeding monthly average limit; $500 for
I exceeding weekly average limas„
Monitoring frequency violations for modified parameters
1 $100.00 per omitted value per parameter
4. The Town and the Commission agree that the stipulated penalties are not due if the Town satisfies
DWR that noncompliance was caused solely by:
(a) An act of God;
(b) An act of war;
(c) An intentional act or omission of a third party, but this defense shall not be available if the act
or omission is that of an employee or agent of the defendant or if the act or omission occurs in
connection with a contractual relationship with the permittee;
(d) An extraordinary event beyond the permittee's control. Contractor delays or failure to obtain
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SOC WQ S19-005
funding will not be considered as events beyond the permittee's control; or
(e) Any combination of the above causes.
Failure within thirty (30) days of receipt of written demand to pay the penalties, or challenge them
by a contested case petition pursuant to G.S. 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. This Special Order by Consent and any terms and/or conditions contained herein, hereby supersede
any and all previous Special Orders, Enforcement Compliance Schedule Letters, terms, conditions,
and limits contained therein issued in connection with NPDES permit NC0025321.
6. Failure to meet the schedule dates identified in section 2 may terminate this Special Order by
Consent and require the Town to comply with the terms and conditions contained in permit
NC0025321.
7. Noncompliance with the terms of this Special Order by Consent is subject to enforcement action in
addition to the above stipulated penalties, including injunctive relief pursuant to G.S. 143-215.6.C.
8. In accordance with the provisions of G.S. 143-215.67(b) the Commission allows the Town of
Waynesville to accept the additional waste specified below to its waste disposal system. The
approval of additional flow will be in the form of an issued sewer extension permit.
Project Gallons per
Total 155,000
8, The permittee, upon signature of this Special Order by Consent, will be expected to comply
with all schedule dates, terms, and conditions of this document.
9. This Special Order by Consent shall expire July 1, 2024.
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For the Town of Waynesville:
SOC WQ S 19-005
• � 0 2� �,7o.z r�
Rob Hites Date
Town Manager
For the North Carolina Environmental Management Commission
12/31 /2020
Date
Director, Division of Water Resources
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