NC0036641_SOC (issuance)_20210512

NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF HENDERSON
IN THE MATTER OF
NORTH CAROLINA
NPDES PERMIT NC0036641
HELD BY FLETCHER ACADEMY, INC.)
)
)
)
SPECIAL ORDER BY CONSENT
EMC WQ S17-006
Pursuant to provisions of North Carolina General Statute (G.S.) 143 215.2, this Special Order by
Consent is entered into by Fletcher Academy, Inc. 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. Fletcher Academy, Inc. (hereinafter the Permittee) and the Commission hereby stipulate the
following:
(a) That the Peniiittee holds North Carolina NPDES Peiniit NC0036641 for operation of
an existing wastewater treatment works at the Fletcher Academy WWTP and for
making an outlet therefrom for treated wastewater to Byers Creek, currently classified
C waters of this State in the French Broad River Basin. The Permittee is unable to
comply with the final effluent limitations for BOD-5 day and NH3-N set forth in the
Permit. Compliance has not been achieved by implementation of numerous changes
to plant operation and maintenance elimination of some contributing sources, and
other attempts to respond to NC DEQ technical assistance visits. Compliance requires
closure of the existing wastewater treatment works, connection to the Cane
Creek/Henderson County municipal sewer via the proposed Mud Creek Interceptor
Project, and a request for rescission of permit NC0036641. Construction of the Mud
Creek Interceptor Project will be facilitated by the Memorandum of Agreement
between The Cane Creek Water and Sewer Distnct (CCW&SD) and the Pennittee
signed on December 5, 2016.
(b) That noncompliance with final effluent limitations constitutes causing and
contributing to pollution of the waters of this State named above and the Permittee is
within the jurisdiction of the Commission as set forth in G.S. Chapter 143, Article 21.
(c) That CCW&SD has adequate financing for completion of the construction of the Mud
Creek Interceptor for conveyance of wastewater from the existing wastewater
treatment works at the Fletcher Academy WWTP to the sewer owned and operated
by CCW&SD and ultimately sewer and wastewater treatment facilities owned and
operated by the Metropolitan Sewerage Distnct of Buncombe County (MSD).
(d) That CCW&SD has secured approval from MSD to utihze any sewer conveyance
system and treatment facilities required to treat all flow currently treated by the

SOC WQ S17-006
existing wastewater treatment works at the Fletcher Academy WWTP.
(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 Permittee, 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 permit except those effluent limitations
identified in paragraph 1(a) above. See attachment A for all current monitoring
requirements and effluent limitations. The permittee may also be required to monitor
for other parameters as deemed necessary by the Director in future permits or
administrative letters.
(b) Undertake the following activities in accordance with the indicated time schedule:
1) The following activities shall be started no later than June 30, 2018:
■ Begin construction of Mud Creek Interceptor project.
2) The following activities shall be started no later than December 31, 2019:
■ Cease operation of the existing wastewater treatment works at the Fletcher
Academy WWTP.
■ Connect to the proposed Mud Creek Interceptor and begin discharge of all
effluent via the municipal sewer.
■ Within 90 days of connection with the proposed Mud Creek Interceptor,
work with the DEQ Asheville Regional office to sample remaining lagoon
sludge per DEQ protocol and dispose of or leave in place as appropriate.
Complete closure of the lagoon within 90 days of approval by DEQ
Asheville Regional Office of closure plan.
3) Submit progress reports no later than 14 calendar clays after any date identified
in 2(b)(1-2), to the Director of DWQ indicating 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.
(c) During the time in which this Special Order by Consent is effective, comply with the
interim effluent hmitations 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:
Page 2 of 4

Parameter'
BOD-5 day
NH3-N (Summer)
NH3-N (Winter)
Permit Limits
Units 'Monthly Avg
mg/L 30.0
mg/L 3.8
mg/L 11.0
SOC WQ S17-006
Modified Limits (SOC)
Daily Max Monthly Avg Daily Max
45.0 70.0 100.0
19.0 10.0 24.0
35.0 20.0 35.0
(d) As a settlement of all unresolved enforcement cases for NPDES Peiinit NC0036641
prior to entering into this Special Order by Consent, the Permittee agrees to pay the
sum of $5,974.04 A certified check must accompany the signed copy of the SOC.
The check should be made payable to the NC Department of Environmental Quality
and mailed (with signed copy of the SOC) to the Director of DWR at 1617 Mail
Service Center, Raleigh, North Carolina 27699-1617.
3. The Permittee agrees that unless excused under paragraph 4 the Permittee shall pay the
Director, by check payable to the North Carolina Department of Environmental Quality,
according to the following schedule for failure to meet the deadlines outlined in Section
2(b)(1-3) or failure to attain compliance with the effluent limitations/monitoring requirements
contained in Attachment A.
SOC violation
Failure to meet a schedule date
Failure to maintain compliance with any
modified limit contained in the SOC.
Failure to achieve compliance with
effluent limits at final compliance
deadline
Stipulated Penalty
$100/day for the first 7 days;
$500/day thereafter
$ 1000/violation
Single monetary value of $2000.00
Monitoring frequency violations
Failure to submit progress reports
$1000 00 per omitted value per parameter
$100/day for the first 7 days;
$250/day thereafter
4. The Permittee and the Commission agree that the stipulated penalties are not due if the
Permittee satisfies the Division 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. This defense shall not be available if
the act or omission is that of an employee or agent of the Permittee, 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 Peruiittee's control or
e. Any combination of the above causes.
Page 3 of 4

SOC WQ S17-006
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 30 days has elapsed.
5. Noncompliance with the teens 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-
215.6.
6. This Special Order by Consent and any terms, conditions and intenm effluent limitations
contained herein, hereby supersede any and all previous Special Orders issued in connection
with NPDES Permit NC0036641. .
7 The Peunittee, upon signature of the Special Order by Consent, will be expected to comply
with all schedule dates, tenns, and conditions of this document.
8. This Special Order by Consent shall expire on February 1, 2020.
For Fletcher Academy, Inc.
(Pant Name of
fin,e);
(Title)
so
Signing Official) g (Sign to , of Signing Official)
/c"-
Date / O f 7._ 0
For the North Carolina Environmental Management Commission
Chair the Commission
Page 4 of 4
Date `� e7� ao i l-