WQ0002519_application and draft_20170110

Tankard, Robert
From: Tankard, Robert
Sent: Tuesday, January 10, 2017 9:08 AM
To: Gregory, Sonia
Cc: Thornburg, Nathaniel
Subject: Minzies Creek SOC EMC SOC S13-003 Ad. II
Attachments: Minzies Creek 2013-003 SOC Ad II Draft Il.docx
Sonia, please find attached the Draft SOC for Minzies creek. The draft SOC was revised to include an upfront penalty for
violations that have occurred since the last signed SOC. Please review and let us know when we can send to the District
for signature.
Thanks!
Robert
Robert Tankard
Assistant Regional Supervisor
Division of Water Resources
Water Quality Regional Operations Section
943 Washington Square Mall
Washington, NC 27889
252-948-3921 office
252-975-3716 fax
[e-mail]
Nothing Co►npares.--,
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
1

NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF PERQUIMANS
IN THE MATTER OF )
NORTH CAROLINA )
NON -DISCHARGE PERMIT )
NUMBER WQ0002519 )
HELD BY MINZIES CREEK SANITARY)
SEWER DISTRICT
SPECIAL ORDER BY CONSENT
EMC SOC S13-003 Ad. II
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 by G.S.
143B-282, and hereinafter referred to as the Commission:
1. The Permittee and the Commission hereby stipulate the following:
(a) The Permittee holds North Carolina Non -Discharge Permit No. WQ0002519 for
operation of an existing wastewater treatment and disposal system located
adjacent to Minzies Creek within the Pasquotank River Basin which is classified
SC. The currently permitted wastewater treatment and disposal system is not
capable of disposing of the wastewater generated by Minzies Creek Sanitary
Sewer District by the permitted method and the wastewater plant cannot meet
effluent limits for BOD. The evaporative ponds are not capable of disposing of
the treated wastewater without discharging to surface waters. 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 of
the Commission as set forth in G.S. Chapter 143, Article 21.
(c) The Permittee has secured grants or otherwise will secure financing for planning,
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 party will file a petition for a
contested case or for judicial review concerning its terms.
1

2. The Permittee desiring to comply with the Permit identified in Section 1(a) above,
hereby agrees to do the following:
(a) As settlement of all alleged violations of Permit Number WQ 0002519 and prior
to entering into this Special Order by Consent, the Permittee agrees to pay the
sum of $500.00. This settlement payment provides coverage of any Notice of
Violations/Enforcements and any other alleged violations that may have occurred
since SOC S13-003 Ad. I was signed on December 16; 2015.
A certified check must be made payable to the Department of Environment,
Health, and Natural Resources and forwarded to the Director of the Division of
Water Resources at 1617 Mail Service Center, Raleigh, North Carolina 27699 by
no later than fifteen (15) days following the date on which this Order is approved
and executed by the Commission and received by the Town
(b) Undertake 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. (MET)
(2) On or before May 1, 2014, submit a design for a new disinfection system for
the existing wastewater treatment plant. (MET)
(3) On or before August 1, 2014, complete construction of the proposed
modifications to the disinfection system. (MET)
(4) On or before April 1, 2017, 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 2018, complete construction of the proposed
modifications to the wastewater treatment and disposal system.
(6) On or before November 1, 2018, achieve compliance with all permit
conditions.
(7) Provide the Washington Regional Office with quarterly progress reports.
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
May 1, August 1, November 1, and February 1
(c) 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.
2

(d) No later than thirty (30) calendar days after any date identified for
accomplishment of any activity listed in 2(b) 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.
(e) During the time in which this Special Order by Consent is effective, the Permittee
shall comply with interim effluent limitations as contained in Attachment A.
(f) Identify any Infiltration and Inflow problems associated with the facility and
establish a program to correct.
(g) 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.
(h) 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. 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
(i) Submit monitoring reports from sampling analysis on samples collected from
Minzies Creek on DWR Form MR-3. Reports should be submitted to the
Washington Regional office thirty days after the end of the previous month.
(j) In lieu of maintaining an operational back-up power supply system to serve the
wastewater facility, the Permittee, during a power failure, shall shut off potable
water going to the residents within the sewer district and will provide its
customers with portable toilets and bottled water until the system has been
repaired and is functional.
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(b), 2(d), 2(h) and 2(i) or failure to
attain compliance with the effluent limitations/monitoring requirements contained in
Attachment A.
Failure to meet a schedule date
$100/day for the first 7
days; $250/day
thereafter
Failure to maintain compliance with $500/violation
any modified limit contained in the. SOC.
Failure to achieve compliance with final $2000.00
effluent limitations at final compliance deadline.

Failure to submit progress reports
(penalty doubles with each subsequent
assessment for late reports)
Failure to perform and/or submit
required sampling in accordance with this document
$250.00 for first 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 G,od;
(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. 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. 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.WQ0002519.
6. 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.
7. The Permittee, upon signature of this SOC, will be expected to comply with all
schedule dates, terms, and conditions of this document.
8. This SOC shall expire March 1, 2019.
4

For Minzies Creek Sanitary Sewer District:
Date
Signature of Signing Official
For the North Carolina Environmental Management Commission:
Date
Chairman of the Commission

Environmental
Quality
December 14, 2016
Minzies Creek Sanitary District
Attn: Mr. Clay Helm
139 Treasure Lane
Hertford, North Carolina 27944
Subject: EMCSOC S13-003, Ad II
Holiday Island WWTP.
Permit No. WQ0002519
Perquimans County
Dear Mr. Helm:
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Secretary
JAY ZIMMERMAN
DWR Director
The Washington Water Quality Regional Operations Section received your Special Order by Consent
(SOC) application on December 8, 2016. This office will review your application and a draft SOC will be
developed. You will be contacted if additional information is required: If you have any questions, please
contact myself at (252)-948-3921 or via email at [e-mail].
Robert Tankard
Assistant Supervisor
Water Quality Regional Operations Section
Division. of Water Resources, NCDENR
Washington Regional Office
Copy: a• aR0 File
Non Discharge Permitting Unit
Lloyd C. Smith III, Pritchett & Burch, PLLC, Post Office Drawer 100, Windsor, North Carolina 27983
Gary Hartong, PE, The Wooten Company, 301 West 14th Street, Greenville,, NC 27834
: Not img Compares
State of North Carolina I Environmental Quality I Water Resources -Water Quality Regional Operations Section -Washington Regional Office
943 Washington Square Mali, Washington, North Carolina 27889
252-946-6481

Si3O03 Ad.I,
RECENEDfq,1CDEQIDWR
DEC --62016
STATE OF NORTH CAROLINA (Von -Discharge
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES perrnitting Jrnt
DIVISION OF WATER RESOURCES
APPLICATION FOR AN AMENDMENT TO A SPECIAL ORDER BY CONSENT
I. GENERAL INFORMATION:
1. Applicant (corporation. individual. or other): Minzies Creek Sanitary District
2. Owner Phone:=52--t35 -o')ft-'. REGENEDINCDENRIDWR
3. Owner Email: minziescreekoffice gmail.com
4. Facility Name (must be the same as name on the original SOC):
Holiday Island WWTP
5. Original SOC No. / Issuance Date: WQ S09-001
6. NDPES Permit No. (if applicable): WQ0002519
5. Application Date: December 1. 2016
II. SOC COMPLIANCE HISTORY:
DEC g 2016
Water Quality Regional
Operations Section
Washington Reg
ional Office
Please attach a listing of all violations this facility has had under this Order. Include any
violation of interim dates. relaxed permit parameters. and existing permit limits.
III. ADDITIONAL FLOW OR REALLOCATION OF EXISTING FLOW:
Only facilities owned by a unit of government may request to add additional flow to the
treatment system as part of this SOC Amendment in accordance with NCGS 143-215.67(b).
Additional flow may be allowed under an SOC amendment only in specific circumstances.
These circumstances may include eliminating discharges that are not compliant with an NPDES
or Non -discharge permit as specified in the original SOC. These circumstances do not include
failure to perform proper maintenance on treatment systems. collection systems or disposal
systems. When requesting, additional flow. the facility must include its justification and
supporting documentation. If the requested additional flow is non -domestic, the facility must be

awe. w uemonstrate the aeuny to ettective!y treat the waste and dispose of residuals. The
fr
applicant must provide a detailed analysis of all constituents in the proposed non -domestic
wastewater.
The total domestic additional flow requested:
The total non -domestic additional flow requested:
day.
The total additional flow (saw of'the above):
0 gallons per day.
0 gallons per
0 gallons per day.
If a reallocation of existing additional flow is needed the facility must provide justification as to
why this reallocation is needed.
Any additional flow that may be allowed will be determined by an analysis of projected adverse
impacts on the wastewater treatment facility and/or surface waters.
IV. WHY AN SOC AMENDMENT IS NEEDED:
Please provide a detailed explanation as to why the SOC amendment is being requested. Include
actions already taken to avoid noncompliance with the existing SOC. Also provide details on
activities that were delayed.
The current SOC requires the Owner to submit a Permit Modification by December 1, 2016. The
Owner is not able to meet this deadline for the following reasons:
1. The Owner is still attempting to finalize the Preliminary Engineering Report. The
cause of said delay has been the inability for the Owner to finalize an agreement with
one of two prospective entities for the distribution of wastewater. The Owner and its
representatives have made contact with the Albemarle Plantation however any
possible discussions have been complicated by a lack of organizational structure
within the Plantation. as well as. existing issues with the Plantation's Wastewater
Treatment Facility.
2. The Owner's representatives, including its attorney and representatives of the Wooten
Corporation met with the Town Manager and Attorney for the City of Hertford to
discuss connecting to its existing wastewater treatment system. The Owners intend to
present a proposal to the town board during the Month of December. It is the intent
of the Owner to have an agreement with the town and confirm said option in the
Preliminary Engineering Report. at which point the Owner will be able to submit a
permit modification. The Owner request as additional 90 days to submit said Permit
Modification. The Owner does not believe this will delay any of the remaining
deadlines in the current SOC.
THE DIVISION OF WATER RESOURCES WILE NOT ACCEPT Tl-IIS APPLICATION
PACKAGE UNLESS ALL OF THE APPLICABLE ITEMS ARE INCLUDED WITH THE
SUBMITTAL.
Required Items:
a. One original and two copies of the completed and appropriately executed application
form. along with all required attachments.
If the SOC Amendment is for a City / Town. the person signing the SOC must be a

ranKing elected official or other duly authorized employee.
• If the SOC Amendment is for a Corporation / Company / Industry / Other, the
person signing the SOC must be a principal executive officer of at least the level
of vice-president. or his duly authorized representative.
• If the SOC Amendment is for a School District. the person signing the SOC must be
the Superintendent of Schools or other duly authorized employee.
Note: Reference to signatory requirements in SOCs may be found in the North
Carolina Administrative Code [Tl 5A NCAC 2H .1206(a)(3)].
b. The non-refundable Special Order by Consent (SOC) processing fee of $400.00. A
check must be made payable to The Department of Environment and Natural
Resources.
APPLICANT'S CERTIFICATION:
(NO MODIFICATION TO THIS CERTIFICATION IS:1CCEPT TILE)
C., \- \ . attest this application for a Special Order by
Consent (SOC) amendment has been reviewed by me and is accurate and complete to the best of
my knowledge. I understand if all required parts of this application are not completed and if all
required supporting information and attachments are not included. this application package may
be returned as incomplete. (Please be advised that the return of this application sloes not prevent
DWR,fiotn collecting all outstanding penalties' !upon request). Furthermore, I attest by my
signature that I fully understand that an upfront penalty, which may satisfy as a full
settlement for past violations, may be imposed. (Note: Reference to upfront penalties in
Special Orders by Consent may be found in the North Carolina Administrative Code [T15A
NCAC 2H .1206(c)(3)].)
Date 12--L,
Signatu e of S':,ning Official
c C
Printed Name of Signing Official
THE COMPLETED AMENDMENT APPLICATION PACKAGE. INCLUDING ALL
SUPPORTING INFORMATION. SHOULD BE SENT TO THE FOLLOWING ADDRESS:
NORTH CAROLINA DIVISION OF WATER RESOURCES
POINT SOURCE BRANCH
1617 MAIL SERVICE CENTER
RALEIGI-l. NORTH CAROLINA 27699-1617
IF THIS APPLICATION IS FOR A NON -DISCHARGING SYSTEM. THEN SEND TO: