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Home My WebLink AboutNC0028916_Consent Order and Compliance Schedule - April 2021_20210412MAYOR CRAIG JONES MAYOR PRO-TEM BRUCE HAMILTON COMMISSIONERS KAYREN BRANTLEY ANGELA ELKINS WALLACE JONES DAMON PRINCE CAROLINA TOWN MANAGER GREG ZEPHIR TOWN CLERK CATHY MANESS ATTORNEY RUSSELL J. HOLLERS,III North Carolina Town of Troy In the matter of Town of Troy Pretreatment Permit No. 0003 Held by Ameriqual Aseptic CONSENT ORDER AND COMPLIANCE SCHEDULE Pursuant to provisions of the Sewer User Ordinance of the Town of Troy, this Consent Order Is made effective May 15C 2021, between Ameriqual Aseptic (hereinafter the "User") and the Town of Troy (hereinafter the "Town") The User and the Town hereby stipulate and agree as follows: 1. User holds Town of Troy Pretreatment Permit No. 0003 (hereinafter the "Permit" which shall refer to Users existing permit and any subsequent renewals or modifications thereof) for the operations of existing pretreatment units and discharges from said treatment works into the Town's sewer system. 2. User has been unable to meet the permit limitations for Biochemical Oxygen Demand (BOD) and Total Suspended Solids (TSS) set forth in this Permit. 3. Achievement of these limits will require resolution of existing problems in the present treatment train and possibly, development of alternative solutions to alleviate noncompliance, including but not limited to the construction of additional pretreatment facilities as well as preparation of plans and specifications as necessary. 4. User hereby agrees to do and perform all of the following: a. Meet and comply with all terms and conditions of the Permit (except as modified by the provided document, however, subject to the terms and conditions of the Consent Order, the following shall apply: Parameter Daily Max(mg/L) Monitoring Frequency BOD 1400 mg/L 3 times per week TSS n/a 3 times per week Parameter Monthly avg.(mg/L) Monitoring Frequency BOD 800 mg/L 3 times per week TSS 600 mg/L 3 times per week TROY.NC.US I 315 N MAIN STREET I TROY, NC 27371 I 910 572 3661 THE TOWN OF TROY IS AN EQUAL OPPORTUNITY PROVIDER AND EMPLOYER. b. Unless and until Compliance is achieved, the User will undertake activities necessary to bring the User into Compliance in accordance with the following schedule: COMPLIANCE SCHEDULE Activities Continue to sample at discharge of DAF unit. 3 tunes per week. Deadline for Completion Currently in place II Make necessary modifications to optimize and obtain full operational status and compliance to the schedule. August 31, 2021 III Achieve full compliance with final IUP limit: May 1, 2022 ROD 600 mg/L, TSS 300 mg/L c. User shall perform each of the activities set forth in subparagraph (b) on or before the dates established thereby unless such dates are extended by agreement of User and the Town may request such extensions for good cause, and the Town will not unreasonably withhold its consent to such extensions. d. User shall submit a comprehensive written report within five (5) days following each milestone date specified in subparagraph (b). Each such report shall he in narrative form, and shall state in detail the activities undertaken since the last report to achieve Compliance, and shall indicate whether User has met due date for the relevant milestone established in this Consent Order. If any report contains notice of failure to ineet a milestone date, the report shall also include a statement explaining the cause of the failure, any remedial actions taken, and the probability of meeting the next milestone. During any period of construction, if necessary, User shall submit on or before the 10th clay of each month, detailed construction progress reports stating therein in narrative form the work performed during the month and the percentage of completion of the project. All reports required by the Consent Order shall he submitted to the Town by Certified Mail, Return Receipt Requested, addressed to: Greg Zephir — Pretreatment Coordinator Town of Troy 315 N. Main St. Troy, NC 27371 e. The User shall pay the Town $1,000, no later than May 31, 2021, for the Significant Non - Compliance during the January thru June, and July thru December, 2021 reporting period. f. Any violation of the terms of this Consent Order shall subject the User to the enforcement authority outlined in the Ordinance. Such action may include, but is not limited to such fines, penalties and assessments as may beset forth in the Code of Ordinance of the Town of Troy, as amended from time to time. g In lieu of other penalties, the following stipulated penalties shall apply for violations of the Users limits or failure to meet a milestone date under this Consent Order, or failure to achieve full compliance with Consent Order. Violation of limits Failure to collect required samples, meet Compliance schedule deadlines, required reports, Or other milestone dates contained herein Failure to achieve full compliance with Final IUP limit at expiration of Order $100 per day, per violation $200 per day, per violation $1,000 per day Once Compliance is achieved, this Consent Order shall terminate and all obligations hereunder except any obligation to pay identified monies to the Town shall expire. Upon termination of this Order, the User shall he subject to all terms of the Permit. h. In the performance of activities under this Consent Order, User must otherwise follow the procedures, rules, regulations, ordinances, and statutes of the Town, State, and Federal governments as they may apply to User. Nothing contained herein shall be construed as a waiver thereof by the Town.