HomeMy WebLinkAboutWQ0041817_Application_20210701Permit Number WQ0041817
Program Category
Non -discharge
Permit Type
Wastewater Pump and Haul
Primary Reviewer
dean. hu nkele
Coastal SWRuIe
Permitted Flow
350,000
Facility
Facility Name
Belville WWTP
Location Address
9911 Chappell Loop Rd SE
Belville NC 28451
Owner
Owner Name
Brunswick Regional Water and Sewer H2go
Dates/Events
Central Files: APS _ SWP _
6/29/2021
Permit Tracking Slip
Status
Project Type
In review
Major modification
Version
Permit Classification
C
Individual
Permit Contact Affiliation
Major/Minor Region
Minor Wilmington
County
Brunswick
Facility Contact Affiliation
Brian S. Griffith
Owner Type
Government - County
Owner Affiliation
Robert Walker
PO Box 2230
Leland NC 2845122:
Scheduled
Orig Issue App Received Draft Initiated Issuance Public Notice Issue Effective
8/13/2020 6/29/2021
RECEIVED
JUN 2 5 2021
NCDEQ
Brunswick Regional wan+tneroN RO
Water &Sewer
June 18, 2021 D
Mr. Danny Smith, Director
JUN 2 3 2021
Division of Water Resources
1617 Mail Service Center DIVISION OF WATER RESOURCES
Raleigh, North Carolina 27699-1617
RE: H2GO Pump and Haul Renewal Application
Permit No. WQ0041817
Mr. Smith,
H2GO is requesting a 3-month extension of Pump and Haul Permit No. WQ0041817 to
September 30, 2021.
Continued pump and haul operations from the Belville WWTP (NC0075540) to a sub -basin of
Brunswick County's West Brunswick Regional WWTP (WQ0023693) may be necessary to
reduce average monthly flows bypassed to Brunswick County's NEWWTP (WQ0086819).
Brunswick County's NEWWTP is currently under construction to expand treatment capacity
from 2.475 MGD to 4.975 MGD, with completion anticipated for December 2021.
Additionally, a Consent Order modifying the injunction regarding the Belville WWTP expansion
to capacities up to 0.8 MGD was executed by Brunswick County and H2GO, and was approved
by Brunswick County Superior Court on March 8, 2021. H2GO applied for an ATC on March
15, 2021 to expand the Belville WWTP to a permitted capacity of 0.65 MGD. On April 15,
2021, DEQ requested H2GO to submit an NPDES permit renewal application as the existing
permit was set for renewal in November 2021. Upon review and issuance of the new (draft)
NPDES permit, DEQ will insert a new flow sheet for 0.65 MGD discharge limits. The permit
renewal application was submitted to DEQ on April 28, 2021 and the draft permit was public
noticed during the week of May 24, 2021. As of May 28, 2021, the ATC application was still
under review. It is H2GO's goal be operational with the expanded Belville WWTP operations in
August 2021, with biological operational adjustments in place by the end of September 2021.
H2GO continues to find and repair I/I sources. Our crews have started a smoke testing program
in Brunswick Forest, and to -date have found and repaired a significant number of stormwater
inflow sources. H2GO crews will continue with the smoke testing program throughout the
summer and dry -weather months.
P. 0. Box 2230 910-371-9949 (Office)
Leland, NC 28451 www.H2GOonline.com 910-371-6441 (Fax)
June 18, 2021
Mr. Danny Smith, Director
Division of Water Resources
RE: H2GO Pump and Haul Renewal Application
Permit No. WQ0041817
Page two
Pump and Haul operations since the beginning of January 2021 have been successful in assisting
Brunswick County to maintain NEWWTP treatment operations at or below 100%, on an average
monthly basis, with the exception of February. February was an extremely challenging month,
but the cooperative effort between Brunswick County and H2GO proved successful.
Please find attached the permit renewal application with supporting documentation. We
appreciate your cooperation and assistance.
If you have any questions or require additional information, please contact me
Sincerely,
Bob Walker
Executive Director
Brunswick Regional Water & Sewer H2GO
Office: 910-371-9949, ext. 1006
Mobile: 910-279-4581
bwalker@H2GOonline.com
State of North Carolina
Department of Environmental Quality
Division of Water Resources
15A NCAC 02T .0200— WASTEWATER PUMP AND HAUL SYSTEMS
Division of Water Resources INSTRUCTIONS FOR FORM P&H 01-16 & SUPPORTING DOCUMENTATION
Documents shall be prepared in accordance with 15A NCAC 02T.0100 15A NCAC 02T.0200, and Division policies. Failure to submit
all required items will necessitate additional processing and review time. For more information, visit the Wastewater Branch's
website or contact the Regional Office serving your county.
General —This permit application applies to all pump and haul activities of wastewater under the authority of the Division on Water
Resources. Permit coverage is required for the system producing the wastewater. This permit does not apply to the transport of
animal waste from an animal waste management systems, not the transport of wastewater residuals or biosolids.
NOTE: Pump and haul permits are not acceptable long term domestic wastewater treatment alternatives and shall only be issued
in cases of environmental emergencies, nuisance conditions, health problems, or for unavoidable delays in construction of system
previously permitted by the Division.
The Applicant shall submit one original and one copy of the application and supporting documentation.
A. Pre -submittal Contact & Cover Letter
® Contact the appropriate Regional Office prior to submittal
❑ Submit a cover letter explaining the circumstances associated with this pump and haul permit request
B. Application Fee (Domestic Wastewater Only)
® Submit a check made payable to: North Carolina Department of Environmental Quality (NCDEQ)
➢ The appropriate application fee is: $810.00 for flows < 10,000 GPD and.$1,310.00 for flows > 10,000 GPD
C. Wastewater Pump and Haul (FORM: P&H 01-16) Application:
® Submit the completed and appropriately executed Wastewater Pump and Haul (FORM: P&H 01-16) application. Any
unauthorized content changes to this form shall result in the application package being returned. If necessary for clarity or
due to space restrictions, attachments to the application may be made, as long as the attachments are numbered to
correspond to the section and item to which they refer
D. Receiving Facility Letter:
® Submit a letter from the owner/authority of the receiving wastewater treatment facility, as required by 15A NCAC 02T.0204
(b), stating that the pumped and hauled wastewater will be accepted and specifying the volume and type of wastewater that
will be accepted. The letter should be signed by an authorized signing official in accordance with 15A NCAC 02T.0106(b)
E. Contract Hauler Letter:
® Submit a letter from the hauler stating their capability and willingness to perform the pump and haul activity
® Letter shall include: Owner/Company Name, Contact Information, & Hauling Volume of Vehicle(s)
F. Certifications:
® The Applicant's Certification on Page 4 of the application shall be signed in accordance with 15A NCAC 02T .0106(b). Per 15A
NCAC 02T .0106(c) an alternate person may be designated as the signing official if a delegation letter is provided from a
person who meets the criteria in 15A NCAC 02T.0106(b)
® The Professional Engineer's Certification on Page 5 of the application shall be signed, sealed and dated by a North Carolina
licensed Professional Engineer (if required)
G. Plans and Specifications (Required for activities that result in the Practice of Engineering per G.S. 89C-3):
❑ Submit two sets of plans and specifications (signed, sealed and dated by a N.C. Licensed Professional Engineer)
❑ Plans must include:
➢ A general location map
Diagram of the components associated with the pump and haul activity (drains, piping, tanks, pumps, etc)
Tank Details that indicate high water alarm
Other items as required
INSTRUCTIONS FOR APPLICATION P&H 01-16 Pagel of5
Industrial Pump and Haul Activities
Per 15A NCAC 02T .0203(A)(2), Industrial pump and haul activities are deemed permitted provided the following criteria is met:
r The facility notifies the appropriate Division regional office in writing advising of the type of operation, type and quantity of
wastewater generated, location, and the receiving wastewater treatment facility. A letter from the facility accepting the
wastewater (type and quantity) specifically agreeing to accept wastewater from the applicant shall be included.
r The wastewater does not contain any human waste.
➢ The waste is collected and discharged into a sewer or treatment system designed and permitted to accept the type of
wastewater being pumped and hauled.
➢ The pump and haul activity is not to alleviate a failing wastewater system.
➢ The Division regional office concurs in writing that the activity meets the criteria in this Rule.
CONTACT THE REGIONAL OFFICE PRIOR TO INITIATING ANY INDUSTRIAL PUMP AND HAUL ACTIVITIES. SUBMITTAL OF THIS
APPLICATION/DOCUMENTS AND WRITTEN APPROVAL IS STILL REQUIRED FOR INDUSTRIAL PUMP AND HAUL ACTIVITIES
THE COMPLETED APPLICATION PACKAGE INCLDING ALL SUPPORTING INFORMATION AND MATERIALS, SHOULD BE SENT TO THE
APPROPRIATE REGIONAL OFFICE:
REGIONALOFFICE
ADDRESS
COUNTIES SERVED
Asheville Regional Office
2090 US Highway 70
Avery, Buncombe, Burke, Caldwell, Cherokee,
Water Quality Operations
Swannanoa, North Carolina 28778
Clay, Graham, Haywood, Henderson, Jackson,
(828) 296-4500
Macon, Madison, McDowell, Mitchell, Polk,
(828) 299-7043 Fax
Rutherford, Swain, Transylvania, Yancey
Fayetteville Regional Office
225 Green Street Suite 714
Anson, Bladen, Cumberland, Harnett, Hoke,
Water Quality Operations
Fayetteville, North Carolina 28301
Montgomery, Moore, Robeson, Richmond,
(910) 433-3300
Sampson, Scotland
(910)486-0707 Fax
Mooresville Regional Office
610 E. Center Avenue
Alexander, Cabarrus, Catawba, Cleveland,
Water Quality Operations
Mooresville, North Carolina 28115
Gaston, Iredell, Lincoln, Mecklenburg, Rowan,
(704) 663-1699
Stanly, Union
(704) 663-6040 Fax
Raleigh Regional Office
1628 Mail Service Center
Chatham, Durham, Edgecombe, Franklin,
Water Quality Operations
Raleigh, North Carolina 27699-1628
Granville, Halifax, Johnston, Lee, Nash,
(919) 791-4200
Northampton, Orange, Person, Vance, Wake,
(919) 788-7159 Fax
Warren, Wilson
Washington Regional Office
943 Washington Square Mall
Beaufort, Bettie, Camden, Chowan, Craven,
Water Quality Operations
Washington, North Carolina 27889
Currituck, Dare, Gates, Greene, Hertford, Hyde,
(252) 946-6481
Jones, Lenoir, Martin, Pamlico, Pasquotank,
(252) 975-3716 Fax
Perquimans, Pitt, Tyrrell, Washington, Wayne
Wilmington Regional Office
127 Cardinal Drive Extension
Brunswick, Carteret, Columbus, Duplin, New
Water Quality Operations
Wilmington, North Carolina 28405
Hanover, Onslow, Pender
(910)796-7215
(910) 350-2004 Fax
Winston-Salem Regional Office
450 W. Hanes Mill Road
Alamance, Alleghany, Ashe, Caswell, Davidson,
Suite 300
Davie, Forsyth, Guilford, Rockingham, Randolph,
Winston-Salem, North Carolina 27105
Stokes, Surry, Watauga, Wilkes, Yadkin
(336)-776-9800
INSTRUCTIONS FOR APPLICATION P&H 01-16 Page 2 of 5
I. PRESUBMITTAL INFORMATION:
1. Contacted representative from regional office (Pre -submittal)?: ® Yes ❑ No
2. Contact name (For Regional Office): Dean HUnkele
II. APPLICANT INFORMATION:
1.
Applicant's name (Municipality, Individual, Corporation, etc):
2.
Applicant type: ® Municipal
❑ State ❑ Privately -Owned Public Utility
❑ County
❑ Other:
3.
Origin of Wastewater:
❑ Residential Subdivision
❑ Retail (Stores, Shopping Centers) Domestic:
❑ Apartments/Condominiums
❑ Institution Commercial
❑ Mobile Home Park
❑ Hospital Industrial:
❑ School
❑ Church Other:
❑ Restaurant
❑ Nursing Home
❑ Office
® Other (specify)
4.
Signature authority's name: Bob Walker per 15A NCAC 02T .0106(b)
Title: Executive Director
5.
Applicant's mailing address: PO
Box 2230
City: Leland State: NC
Zip: 28451-
6.
Applicant's contact information:
Phone number: (910) 371-9949 Email: bwalkerc h2poonline com
III. CONTACT/CONSULTANT INFORMATION:
1. Contact name: Barry R. Guise, P. E.
Title/Affiliation: Project Engineer East Coast Engineering
2. Contact's information:
Phone number: (910) 754-8029 Email: Nuise(c�i eces.biz
IV. RECEIVING FACILITY INFORMATION:
100
If more than 1 facility has agreed to accept the wastewater, please list all the owners, facility names, and permit
numbers as a separate attachment)
1. Owner: Brunswick County
2. Facility name: West Brunswick Regional W WTP
3. Facility permit number: W00023693
4. WWTF permit number:
5. WWTF contact name: Donald Dixon
Title/Affiliation: Dewy Director
6. WWTF contact information:
Phone number: (910) 253-2485
Email: donald dixon(cr�brunswickcount >� og v
APPLICATION P&H 0 1- 16 Page of
V. PROJECT INFORMATION:
1. Location of Project (physical address): 9911 Chappell Loop Road
Approximate Coordinates (Decimal Degrees): Latitude: 34.13'No Longitude:-78.00Wo
2. Duration of Pump and Haul Request (Six Months Typical): 3
3. Has a prior permit been issued? ❑ New ® Prior Pump & Haul Permit
Permit No.: WQ0041817
4. Permanent Method of Wastewater Disposal: West Brunswick WWTP
5. Date Permanent Disposal will be available: Inunediately
6. Have permits / approvals for permanent disposal been obtained?
® Yes ❑ No Permit Number:
7. Is there a Pretreatment Program in effect? ❑ Yes ® No
8. Describe any pretreatment prior to pumping and hauling:
9. Volume of Wastewater Generated: 350000 Gallons per Day
10. Explain how the wastewater flow was determined: ❑ 15A NCAC 02T .0114 or ® Representative Data
If representative data, describe: Pump off Capacity at W WTP
11. Describe Tank / Container wastewater will be pumped from (attach description if necessary):
Tanker Truck
12. Is Tank/ Container in place or will it be installed (attach description if necessary):
Mobile Tank
13. What type of high water alarm does the container have (and/or):
® Audible and Visual ❑ Telemetry (Auto Dialer/ SCADA)
VI. CERTIFICATION:
Applicant's Certification: (Signature of Signing Official and Project Name)
[,Bob Walker, attest that this application for Pump and Haul 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 documentation and attachments are not included, this application package is subject to
being returned as incomplete. I understand that issuance of a permit will require pump and haul facilities or activities to be
inspected at least daily by me or a designated representative. Note: In accordance with North Carolina General Statutes 143-
215.6A and 143-215.6B, any person who knowingly makes any false statement, representation, or certification in any
application shall be guilty of a Class 2 misdemeanor, which may include a fine not to exceed $10,000 as well as civil penalties
up to $25,000 per violation.
Signing
. IF_ Z /
Date
ENGINEERING DOCUMENTS MUST BE COMPLETED PRIOR TO SUBMITTAL.
ACTIVITIES SHALL BE INSPECTED AT LEAST DAILY BY THE PERMITTEE OR IT'S REPRESENTATIVE PER 15A NCAC 02T .0204(d).
APPLICATION P&H 01-I6 Page 4 of 5
THE ENGINEER'S CERTIFICATION IS REQUIRED FOR ACTIVITIES THAT RESULT IN THE PRACTICE OF ENGINEERING PER G.S. 89C-3.
ENGINEERING DOCUMENTS MUST BE COMPLETED PRIOR TO SUBMITTAL. IF CERTIFICATION BY AND ENGINEER IS REQUIRED,
THIS PAGE IS NOT NECESSARY.
Professional Engineer's Certification: (Signature of Design Engineer and Project Name)
I, Barry R. Guise ,attest that this application for Pumping and Hauling
has been reviewed by me and is accurate, complete and consistent with the information in the engineering plans, calculations,
and all other supporting documentation to the best of my knowledge. I further attest that to the best of my knowledge the
proposed design has been prepared in accordance with all the applicable regulations. Although other professionals may have
developed certain portions of this submittal package, inclusion of these materials under my signature and seal signifies that I
have reviewed this material and have judged it to be consistent with the proposed design. Note: In accordance with NC
General Statutes 143-215.6A and 143-215.6B, any person who knowingly makes any false statement, representation, or
certification in any application shall be guilty of a Class 2 misdemeanor which may include a fine not to exceed $10,000 as well
as civil penalties up to $25,000 per violation.
. Barry R. Guise, PE
Professional Engineer Name
East Coast Engineering, PC
Engineering Firm
PO Box 2469
Mailing Address
Sh
Sh State 2 •6
allotte 12e. NC 2f. 28459 I ��
910-754-8029 2h. 910-754-8049 2i. bguise@eces.biz
Telephone Facsimile E-mail i NC PE
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gjt t/ 7
031738
(a b 21 a
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; R;reG °�'��
Signature & Date
APPLICATION P&H 01-16 Page 5 of 5
BRUNSWICK COUNTY PUBLIC UTILITIES
OPERATIONS CENTER
250 GREY WATER ROAD NE
SUPPLY, NORTH CAROLINA 28462
MAILING ADDRESS TELEPHONE
P. O. Box 249 (910) 253-2657
BOLIVIA, NORTH CAROLINA 28422 FAx
(910)253-4305
TO: Mr. Bob Walker, Executive Director- H2GO
FROM: Donald Dixon, Deputy Director -Wastewater Operations
SUBJECT: Acceptance of Pump and Hauled Domestic Wastewater
DATE: July 2, 2021
Brunswick County agrees to receive up to 350,000 gallons per day, at a rate not to exceed 330
gallons per minute, of domestic wastewater by pump and haul from the Belville WWTP on an
intermittent basis to meet treatment demands of the H2GO system. The domestic wastewater will
be accepted at the Rice's Creek sewage pump station which is tributary to the West Brunswick
Regional WWTP. The receiving treatment facility for this domestic wastewater is the West
Brunswick Regional WWTP (WQ0023693). This authorization will be valid through December
2021.
Due to concerns voiced by Brunswick County school officials during previous pump and haul
operations, we will only allow operations to be conducted outside of the hours of 7:00am to 9:00
am and 2:30 pm to 4:30 pm- Monday through Friday when school is in session. Nights, weekends
and times outside of when school is in session should be coordinated with County staff to ensure
adequate staffing is present at the receiving pump station.
If you have any questions, please feel free to contact me at your earliest convenience.
Regards,
Donald Dixon
Deputy Director -Wastewater Operations, BCPU
June 14, 2021
State of North Carolina
Department of Environmental Quality
Division of Water Resources
Subject: H2GO
Wastewater Transport
Brunswick County, NC
SR &R
ENVIRONMENTAL
To Whom It May Concern:
SR&R Environmental, Inc. has negotiated an agreement to transport wastewater as directed by their management
Our Company has the capability and willingness to load, transport, and unload well over 350,000GPD with existing
equipment and credentialed operators. In our 29-year history assignments such as this have been commonplace.
Clients have included the likes of Duke Energy, New Hanover County, Archer Daniels Midland, and the military
installations at Camp Lejeune, Cherry Point, Ft Bragg, and Marine Ocean Terminal at Sunny Point.
For the record
• Company Name: SR&R Environmental, Inc.
• Contact Information: Richard Smith, Director, Infrastructure Services
• Hauling Capacity: Nominal 6000 gal per tanker
We look forward to working on this and other assignments which may be needed currently and in the future by
H2GC.
Respectfully,
SRR&&R ENVIRONMENTAL, INC.
4, 0,X7--
William Murrell III, CHMM
President and CEO
WWM/JPS/me
PO Box 221 Wilmington, NC 28402 Tel: 1.800.310.6757 Local : 910.763.6274 Fax: 910.763.6132
Please visit our website www.srrenviro.com for a full description of our broad corporate capabilities.
STATE OF NORTH CAROItINA,,,,, - ?, IN THE GENERAL COURT OF JUSTICE
SUPERIOR COURT DIVISION
COUNTY OF BRUNSWICK,,-,, FILE NO.: 09-CVS•581
BRUNSWICK COUNTY, Z )
Plaintiff )
V. )
NORTH BRUNSWICK SANITARY )
DISTRICT, now known as )
Brunswick Regional Water & Sewer )
H2GO, )
Defendant )
CONSENT ORDER MODIFYING
INJUNCTION
(GW)
THIS CAUSE having been brought before the undersigned Superior
Court Judge for approval and entry of a Consent Order modifying the injunction
entered in the above action on June 7, 2010. Based on the acknowledged and
consent signatures of counsel appearing below, the Court finds that Plaintiff
Brunswick County ('Brunswick County") and Defendant North Brunswick Sanitary
District, now known as Brunswick Regional Water & Sewer H2GO, ("Sanitary
District/112GO") (Brunswick County and Sanitary District/H2GO collectively
referred to herein as the 'Parties") have consented to the Court approving and
entering this Consent Order. The Parties, through their respective counsel, have
requested that the Court make limited findings of fact and limited conclusions of
law as set forth below.
BASED UPON THE AGREEMENT OF THE PARTIES AS SET
FORTH IN THE FINDINGS OF FACT BELOW, THE COURT MAKES THE
FOLLOWING FINDINGS OF FACT:
1. Brunswick County owns and operates the Northeast Brunswick
Regional Wastewater Treatment System, associated regional pump stations, sewer
transmission force mains, and effluent disposal facilities (together comprising the
"Northeast System"), with treatment capacity of 2.475 million gallons per day
("GPD").
2. Sanitary District/H2GO owns and operates the Chappell Loop
Road wastewater treatment plant ("W WTP"), associated pump stations, sewer
transmission force mains, and effluent disposal facilities (together comprising the
"Belville System") in the Town of Belville, North Carolina. The Belville System's
WWTP has a treatment capacity of 400,000 GPD and effluent limits established for
full capacity of up to 800,000 GPD under NPDES Permit No. NC0075540 issued by
the North Carolina Department of Environmental Quality ("NCDEQ").
3. The Northeast System and the Belville System operate in
combination to manage and treat public wastewater requirements in northeastern
Brunswick County.
4. Brunswick County has participation agreements related to the
construction and use of the Northeast System with Sanitary District/H2GO, among
others. The Parties signed an agreement on or about July 26, 2001, titled
"Northeast Brunswick Regional Wastewater Project Sewer Service Agreement"
("Agreement"). On or about May 7, 2012, the Parties signed an agreement titled
"Amendment No. 1 Northeast Brunswick Regional Wastewater Project Sewer
Service Agreement" ("Amendment No. 1"). On or about July 2, 2019, the Parties
signed an "Interlocal Agreement for Funding of Northeast Wastewater System
Expansion" ("Supplemental Sewer Service Agreement") (Agreement, Amendment
No. 1, and Supplemental Sewer Service Agreement collectively referred to herein as
the "Sewer Service Agreements"). The Sewer Service Agreements provide for
sharing the cost of constructing and allocations to utilize the treatment capacity of
the Northeast System.
5. On June 1, 2010, the Parties brought a dispute arising out of the
Agreement before this Court.
6. On August 19, 2010, Superior Court Judge D. Jack Hooks, Jr.
entered a Second Amended Order and Judgment (the "Judgment and Injunction")
2
The Judgment and Injunction enjoins Sanitary District/1-12GO from "building at
Belville a new wastewater treatment plant with a capacity of greater than 400,000
gallons per day."
The Judgment and Injunction provides that the Sanitary
District/1-12GO may seek modification of the injunction "for any other material
change in circumstances warranting modification that is not caused by any act or
neglect, willful or otherwise, intentional or otherwise on the part of Sanitary
District/1-12GO."
8. The Judgment and Injunction remains effective.
Due to unanticipated and unprecedented population growth and
chronic rainfall events, including without limitation those associated with tropical
storms, in northeast Brunswick County during the 10 years since the entry of the
Amended Judgment and Injunction, wastewater flows to the Northeast System are
at or approaching permitted hydraulic capacity.
10. A project to increase the capacity of the Northeast System is
under construction ("Northeast System Expansion"), but is not presently scheduled
to be complete with operation capacity available until November 2021.
11. Beginning in June 2020, Sanitary District/1-12GO's wastewater
contribution to the Northeast System has exceeded its allocated capacity in the
Sewer Service Agreements, and since then Sanitary District/1-12GO, acting under a
permit, has been pumping and hauling wastewater by truck to another system
owned and operated by Brunswick County.
12. The Belville System was constructed with many components
sized to process and treat wastewater flows over its current 400,000 GPD operating
capacity. Increasing the operating capacity of the Belville System is the most
expeditious and effective way to reduce flow from Sanitary District/H2GO into the
Northeast System and to help manage excess wastewater.
13. If the Belville System is modified at the expense of Sanitary
District/112GO to increase the operational capacity from the current 400,000 GPD
up to the permitted minimum daily flow of 800,000 GPD under the NPDES Permit,
Sanitary District/1-12GO can reduce its flows to and the burden on the Northeast
System.
14. The Parties agree that a material change in circumstances has
occurred that has not been caused by any act or neglect, willful or otherwise,
intentional or otherwise on the part of Sanitary District/H2GO.
15. The Parties agree that the material change in circumstances
warrants modification of the Judgment and Injunction.
16. Brunswick County consents for Sanitary District/H2GO to
modify the Belville System up to a permitted hydraulic capacity of 800,000 GPD
and to the modification of the Judgment and Injunction set forth in this Consent
Order.
17. The Parties agree to allow Sanitary District/112GO to so modify
the Belville System at the sole expense of Sanitary District/H2GO.
18. The Parties waive further findings of fact.
BASED UPON THE FOREGOING FINDINGS OF FACT, THE
COURT MAKES THE FOLLOWING CONCLUSIONS OF LAW:
1. This Court has jurisdiction over the Parties to and subject matter
of this action.
2. A material change in circumstances — unanticipated and
unprecedented population growth and chronic rainfall events in northeast
Brunswick County — has occurred that has not been caused by any act or neglect,
willful or otherwise, intentional or otherwise on the part of Sanitary District/H2GO.
3. The terms of the Parties' agreement as set forth in the above
Findings of Fact is fair, just, and reasonable to Brunswick County and to Sanitary
District/H2GO.
0
4. The Court should approve and enter the Consent Order
modifying the Judgment and Injunction as specifically set forth in the above Findings
of Fact.
FOLLOWS:
5. The Parties waive further conclusions of law.
IT IS, THEREFORE, ORDERED, ADJUDGED, AND DECREED AS
1. For good cause shown, and with the consent of the Parties with
advice of counsel as reflected by the signatures of counsel of record below, paragraph
2 of the decretal portion of the Judgment and Injunction enjoining Sanitary
District/1-12GO from building a new wastewater treatment plant in Belville, North
Carolina, with a capacity greater than 400,000 GPD should be and hereby is modified
to allow Sanitary District/H2GO to modify the existing Belville System WWTP up to
the NPDES permitted hydraulic capacity of 800,000 GPD.
2. Sanitary District/H2GO shall modify the Belville System at the
sole expense of Sanitary District/H2GO.
3. Except as modified by this Consent Order, the Judgment and
Injunction shall remain in effect.
4. This Court retains jurisdiction for entry of appropriate Orders.
Q
This they day of March, 2021.
d ��
Superior Court Judge
[CONSENT SIGNATURES ON NEXT PAGE]
5
CONSENTED TO BY:
Robe t V. Shaver, r. �-
N.C. State Bar I.D. No.: b�{g
email: bob.shaver@brunswickcou�.gov
County Attorney
Post Office Box 249
Bolivia, NC 28422.0249
Telephone: 910.253, 2400
Facsimile: 910.253.2008
Attorney for P aintiff ,unswick County
Stephen E. Coble
N.C. State Bar I.D. No.: 032231
email: scobler,coblelawCirm.con,
Coble Law Firm, PC
Wilmington, NC 28412
Telephone: 910.791.0019
Facsimile: 910.791.0056
District Attorney for North Brunswick Sanitary
District, now known as Brunswick Regional
Water & Sewer H2GO
Donalt J. Eglinton
N.C. State Bar I.D. No.: 010314
email: die@wardandsmith.com
Amy P. Wang
N.C. State Bar I.D. No.: 023322
email: apw@wardandsmith.com
For the firm of
Ward and Smith, P.A.
Post Office Box 867
New Bern, NC 28563-0867
Telephone: 252.672.5400
Facsimile: 252.672.5477
Attorneys for Defendant North Brunswick Sanitary
District, now known as Brunswick Regional
Water & Sewer H2GO