WQ0002519_SOC (issuance)_20140512

A
ter®
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory John E. Skvarla, III
Governor Secretary
May 12, 2014
Mr. Clay Helm
Minzies Creek Sanitary District
139 Treasure Lane
Hertford, NC 27944
Subject: Special Order by Consent
EMC SOC WQ S13-003
Holiday Island WWTP
Permit WQ0002519
Perquimans County
Dear Mr. Helm:
Mtac'
Attached for your records is your copy of the signed Special Order by Consent (SOC) 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 subject permit must be met except those modified by the
conditions of the Order.
Please note the reporting requirements in the SOC paragraph 2.(a)(7) specifies when monthly
reports are to be submitted to the Washington Regional Office. Additionally as specified in
paragraph 2.(c) of the Order, submittal of written notice of compliance or non-compliance with
any schedule date is required to be submitted to this office. In the SOC paragraphs 2.(f) and 2.(g)
note the requirement for surface water monitoring.
Pursuant to North Carolina General Statute 143-215.3D, there is an annual SOC administrative
fee of $250.00 while the Facility is under this SOC. This fee is in addition to the annual permit
fee. The Sanitary District will be billed for this at a later date.
1636 Mail Service Center, Raleigh, North Carolina 27699-1636
Phone: [phone] Internet: htto://portal.ncdenr.orq/weblwq
An Equal Opportunity 1 Affirmative Action Employer — Made in part with recycled paper

If you have any questions concerning this matter, please contact Ed Hardee at [phone] or
[e-mail].
Sincerely,
c.f Thomas A. Reeder, Director
Division of Water Resources
Attachment
cc: David May, Washington Regional Office w/attachment
Permit File WQ0002519 w/attachment
SOC S13-003 File w/attachment

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NORTH
ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF PERQUIMANS
IN THE MATTER OF )
NORTH CAROLINA
NON -DISCHARGE PERMIT )
NUMBER WQ0002519
HELD BY MINZES CREEK SANITARY )
SEWER DISTRICT
SPECIAL ORDER BY CONSENT
EMC SOC S13-003
MAY 2 1 2014
Pursuant to provisions of North Carolina General Statutes (G.S.) 143-215.2, this Special
Order by Consent (SOC) is entered into by the Minzies Creek Sanitary Sewer District,
hereinafter referred to as the Permittee, and the North Carolina Environmental
Management Commission, an agency of the State of North Carolina .created b G.S.
143B-282, and hereinafter referred to as the Commission: y
1. The Permittee and the Commission hereby stipulate the following:
(a) The Permittee holds North Carolina Non -Discharge Permit No.
519 for
operation of an existing wastewater treatment and disposal syssteOm2 located
adjacent to Minzies Creek within the Pasquotank River Basin which is class'
SC. The currently permitted wastewater treatment plant is not capable ofable o f
adequately treating wastewater generated by the Minzies Creek Sanitary
District and the evaporative ponds are not capable of disposing of the treated
wastewater without discharge to surface waters. The Permittee is unable
comply with fin 'mitations for effluent quality, flow, freeboard in their ponds and
the disposal of their wastewater while preventing the discharge
of wastewater
from the evaporative ponds to surface water as set forth in Permit Number
W00002519. Compliance will require preparation of plans and specifications for
construction and operation of additional treatment and disposal facilities.
(b) Noncompliance with permit conditions constitutes causing and contributing to
pollution of the waters of this State, and the Permittee is within the jurisdiction
the Commission as set forth in G.S. Chapter 143, Article 21. of
(c) The Permittee has secured grants or otherwise will secure financing for
design, and construction of some portion of the construction necessary to
achieve compliance with permit conditions.
(d) Since this Special Order is by Consent, neither partywill fil
contested case or for judicial review concerning its ters, e a petition for a
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2. The Permittee desiring to comply with the Permit identified in Section 1(a) above,
hereby agrees to do the following:
(a) ndertake the following activities in accordance with the indicated time schedule:
(1) On or before March 15, 2014, replace the staff gauges in the evaporative
ponds.
j(2 On or before May 1, 2014, submit a design for a new disinfection system for
the existing wastewater treatment plant.
On or before August 1, 2014, complete construction of the proposed
modifications to the disinfection system.
(4) On or before July 1, 2015, submit an application for a permit modification for
the construction and operation of a wastewater treatment and disposal
system capable of meeting permit and administrative code requirements.
(5) On or before July 1 2017, complete construction of the proposed
modifications to the wastewater treatment and disposal system.
(6) On or before October 1, 2017, achieve compliance with all permit
conditions.
(7) Provide the Washington Regional Office with quarterly progress reports.
The quarterly reports shall include, at a minimum, documentation of the
Permittee's weekly inspections of the structural integrity of the lagoons,
project funding status, and the status of the repair project. Reports are due
February 1, May 1, August 1, and November 1 and will cover the activities for
each calendar quarter previous to the quarter in which the due date falls. The
first quarterly report is due prior to May 1, 2014.
he permittee also agrees that in the event of catastrophic event which
causes the existing wastewater treatment and disposal system to lose power
or any significant functionality, the system will be shut down and the
Permittee will provide its customers with portable toilets and bottled water
until the system has been repaired and is functional.
(b) Permittee shall comply with all terms and conditions of the permit except in
relation to the issues noted in 1 (a), and shall make every effort to prevent the
discharge of wastewater to the State's waters within its ability to operate the
treatment facility and the disposal facility. The Division understands that the
evaporative ponds have failed as referenced in 1(a) of this SOC. The Permittee
may also be required to monitor for other parameters as deemed necessary by
the Director in future permits or administrative letters.
(c) No later than thirty (30) calendar days after any date identified for
accomplishment of any activity listed in 2(a) above, submit to the Director 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.
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d) Identify any Infiltration 'and Inflow problems associated with the facility and
establish a program to correct.
(e) Operate the existing waste treatment system to the best of the Permittee's ability
in order to minimize discharge and still protect the integrity of the lagoon dikes.
(f) The Permittee shall monitor twice per month for Fecal Coliform beginning one
day after any discharge event. The sites shall be located upstream and
downstream of the impacted tributaries to Minzies Creek at a location approved
by the Division Washington Regional Office. Twice per month monitoring shall
continue as long as discharge occurs. The Permittee may also be required to
monitor for other parameters as deemed necessary by the Director in future
permits or administrative letters
(g) Submit monitoring reports from sampling .analysis on samples collected tom
Minzies Creek on form Form MR-3. Reports should be submitted to the
Washington Regional office thirty days after the end of the previous month.
3. The Permittee agrees that unless excused under Section 4, the Permittee will pay
the Director, by check payable to the North Carolina Department of Environment and
Natural Resources, stipulated penalties according to . the following schedule for
failure to meet deadlines set out in Sections 2(a) or for failure to properly operate the
wastewater treatment and disposal system.
Failure to meet a schedule date
Failure to maintain compliance with
any modified limit contained in the SOC.
Failure to achieve compliance with final
effluent limitations at final compliance deadline.
Failure to submit progress reports
Failure to perform and/or submit
required sampling in accordance with this
document
$100/day for the first 7
days; $250/day
thereafter
$500/violation
$2000.00
$250.00/violation
$500.00/violation
4. The Permittee and the Commission agree that stipulated penalties are not due if the
Permittee satisfies 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 defendant

or if the act or omission occurs in connection with a'contractual relationship with
the Permittee;
(d) An extraordinary event beyond the Permittee's control. Contractor delays or
failure to obtain funding will not be considered as events beyond the Permittee's
control; or
(e) Any combination of the above causes.
Failure within 30 days of receipt of written demand to pay the penalties, or challenge
them by a contested case petition pursuant to G.S. 150E-23, will be grounds for a
collection action, which the Attorney General is hereby authorized to initiate. The
only issue in such an action -will be whether the 30 days has elapsed.
5. In lieu of maintaining an operational back-up power supply system to serve the
Wastewater facility, the permittee shall implement its contingency plan to prevent
overflows or spills from both the wastewater collection and treatment systems in the
event of a power failure and while the SOC is in effect.
6. This SOC and any terms, conditions and interim effluent limitations contained herein,
hereby supersede any and all previous Special Orders, Enforcement Compliance
Schedule Letters, terms, conditions, and limitations contained therein issued in
connection with Permit No.W00002519.
7. Noncompliance with the terms of this SOC are subject to enforcement action in
addition to the above stipulated penalties, including injunctive relief pursuant to G.S.
143-215.6C.
8. The Permittee, upon signature of this SOC, will be expected to comply with all
schedule dates, terms, and conditions of this document.
9. This SOC shall expire January 1, 2018.
For Minzies Creek Sanitary Sewer District:
og.
"Ka L./
Signature of Signing Official
ex
Date 3h
For the North Carolina Environmental Management Commission:
e
Commission
Chairman of
Date S IV--LJ
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