NC0020290_SOC (application),_20210913

Theresa Coletta Town of Burn8ville Councilors:
Mayor Judy Buchanan
Denise Collier
of Heather Hockaday yea tis Russell Fox
Town Administrator/Attorney ° BUR«�`���� Bunnie McIntosh
(t4ç �` ' i
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RECEIVED
September 8, 2021 SEP 13 2021
North Carolina Division of Water Resources
Point Source Branch NCDEQ/DWR/NPDES
1617 Mail Service Center
Raleigh, NC 27699-1617
Re:Town of Burnsville Special Order by Consent Application
Dear Sirs:
Attached please find the documents from the Town of Burnsville regarding the problems and issues
associated with the Town's Waste Water Collection System and Burnsville Waste Water Treatment
Plant:
1. Application for a Special Order by Consent;
2. Supplemental information regarding the Burnsville SOC application;
3. Resolution for a Special Order by Consent adopted by the Burnsville Town Council
4. A check in the amount of$400.00 covering the application filing fee.
Should you have any questions or concerns regarding these documents please do not hesitate to contact
me.
Sincerely,
,,,,,,,
Heather Hockaday
Burnsville Town Manager
828-682-2420
P.O. Box 97 • Burnsville, North Carolina 28714 • Phone [phone] • FAX [phone] • www.townolburnsville.org 7

STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER RESOURCES
APPLICATION FOR A SPECIAL ORDER BY CONSENT (SOC)
I. PERMIT RELATED INFORMATION:
1. Applicant(corporation, individual, or other): Town of Burnsville
2. Print or Type Owner's or Signing Official's Name and Title:
Heather Hockaday, Administrator
3. Facility Name (as shown on Permit): Burnsville Collection System(WQCS00143) and
Burnsville WWTP (NC0020290) S a 10o 3
4. Owner Phone: [phone]
5. Owner Email: [e-mail]
6. Application Date: 9-
7. NPDES Permit No. (if applicable):NC0020290
8. Name of the specific wastewater treatment facility(if different from I.3. above):
II. PRE-APPLICATION MEETING:
Prior to submitting this completed application form, applicants must meet with the appropriate
regional office staff to discuss whether or not an SOC is appropriate for this situation. Please
note the date this meeting occurred and who represented the permittee: Representative: Keith
Carpenter, P.E. Date: July 8,2021.
III. ADDITIONAL FLOW OR FLOW REALLOCATION:
In accordance with NCGS 143-215.67(b), only facilities owned by a unit of government may
request additional flow.
Additional flow may be allowed under an SOC only in specific circumstances. These
circumstances may include eliminating discharges that are not compliant with an NPDES or
Non-discharge permit. These circumstances do not include failure to perform proper
maintenance of 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 able to demonstrate the
ability to effectively treat the waste and dispose of residuals. The applicant must provide a
detailed analysis of the constituents in the proposed non-domestic wastewater.
The total domestic additional flow requested: See Attached Narrative gallons per day.
The total non-domestic additional flow requested: See Attached Narrative gallons per day.
The total additional flow(sum of the above): See Attached Narrative gallons per day..
Please attach a detailed description or project listing of the proposed allocation for additional
flow, with an explanation of how flow quantities were estimated. Further, any additional flow
requested must be justified by a complete analysis, by the permittee, that additional flow will not
adversely impact wastewater collection/treatment facilities or surface waters.
IV. NECESSITY NARRATIVE:
Please attach a narrative providing a detailed explanation of the circumstances regarding the
necessity of the proposed SOC. Include the following issues:
• Existing and/or unavoidable future violations(s)of permit conditions or limits(s),
• The existing treatment process and any process modifications that have been made to
date to ensure optimum performance of existing facilities,
• Collection system rehabilitation work completed or scheduled(including dates),
• Coordination with industrial users regarding their discharges or pretreatment facilities.
Identify any non-compliant significant industrial users and measure(s) proposed or
already taken to bring the pretreatment facilities back into compliance. If any industrial
facilities are currently under consent agreements,please attach these agreements,
• Date and outcome of last Industrial Waste Survey,
• Whether or not the facility is acting as a regional facility receiving wastewater from other
municipalities having independent pretreatment programs.
V. CERTIFICATION:
The applicant must submit a report prepared by an independent professional with expertise in
wastewater treatment. This report must address the following:
• An evaluation of existing treatment units, operational procedures and recommendations
as to how the efficiencies of these facilities can be maximized. The person in charge of
such evaluation must sign this document.
• A certification that these facilities could not be operated in a manner that would achieve
compliance with final permit limits. The person making such determination must sign
this certification.
• The effluent limits that the facility could be expected to meet if operated at their
maximum efficiency during the term of the requested SOC (be sure to consider interim
construction phases).
• Any other actions taken to correct problems prior to requesting the SOC.
2

VI. PREDICTED COMPLIANCE SCHEDULE:
The applicant must submit a detailed listing of activities along with time frames that are
necessary to bring the facility into compliance. This schedule should include milestone dates for
beginning construction, ending construction, and achieving final compliance at a minimum. In
determining the milestone dates, the following should be considered:
• Time for submitting plans, specifications and appropriate engineering reports to DWR
for review and approval.
• Occurrence of major construction activities that are likely to affect facility performance
(units out of service, diversion of flows, etc.)to include a plan of action to minimize
impacts to surface waters.
• Infiltration/Inflow work, if necessary.
• Industrial users achieving compliance with their pretreatment permits if applicable.
• Toxicity Reduction Evaluations (TRE), if necessary.
VII. FUNDING SOURCES IDENTIFICATION:
The applicant must list the sources of funds utilized to complete the work needed to bring the
facility into compliance. Possible funding sources include but are not limited to loan
commitments,bonds, letters of credit,block grants and cash reserves. The applicant must show
that the funds are available, or can be secured in time to meet the schedule outlined as part of this
application.
If funding is not available at the beginning of the SOC process, the permittee must submit a copy
of all funding applications to ensure that all efforts are being made to secure such funds.
Note: A copy of the application should be sufficient to demonstrate timeliness unless regional
office has reason to request all information associated with securing funding.
THE DIVISION OF WATER RESOURCES WILL NOT ACCEPT THIS 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 is for a City / Town, the person signing the SOC must be a ranking
elected official or other duly authorized employee.
• If the SOC 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 is for a School District, the person signing the SOC must be the
Superintendent of Schools or other duly authorized employee.
3

Note: Reference to signatory requirements in SOCs may be found in the North
Carolina Administrative Code [T15A 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.
c. An evaluation report prepared by an independent consultant with expertise in
wastewater. (in triplicate)
APPLICANT'S CERTIFICATION:
• (NO MODIFICATION TO THIS CERTIFICATION IS ACCEPTABLE)
I, Heather Hockaday, attest this application for a Special Order by Consent (SOC) 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 does not prevent DWR from 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 of outstanding
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 - ' oZ U,2-1
Signature of Signing Official
H e t 1er 40C-1(a40-9
Printed Name of Signing Official
THE COMPLETED APPLICATION PACKAGE, INCLUDING THE ORIGINAL AND TWO
COPIES OF ALL SUPPORTING INFORMATION AND MATERIALS, SHOULD BE SENT
TO THE FOLLOWING ADDRESS:
NORTH CAROLINA DIVISION OF WATER RESOURCES
POINT SOURCE BRANCH
1617 MAIL SERVICE CENTER
RALEIGH,NORTH CAROLINA 27699-1617
IF THIS APPLICATION IS FOR A NON-DISCHARGE SYSTEM, THEN SEND TO:
NORTH CAROLINA DIVISION OF WATER QUALITY
AQUIFER PROTECTION SECTION
1636 MAIL SERVICE CENTER
RALEIGH,NORTH CAROLINA 27699-1636
4

Supplemental Information regarding the Burnsville Special Order by
Consent (SOC) Application
Section III —Additional Flow or Flow Reallocation
Per the guidelines of the SOC application, additional flow may be allowed in specific
circumstances to facilities owned by a unit of government. As the Burnsville wastewater
treatment plant (WWTP) is owned and operated by the Town, it falls within this category. With
the WWTP now able to consistently meet the flow limits of their NPDES permit, The Town does
not necessarily desire allocations in regards to increased flow but in the allowance of new sewer
connections to be made to the collection system. This being the case, the Town of Burnsville
respectfully petitions the Department of Environmental Quality for the following:
• An Allocation of 70 sewer taps (based upon a domestic usage 360 gpd per household for
houses/connections) or an allocation of up to 70 sewer taps which altogether generate no
more than 25,200 gpd of additional flow to the collection system be allotted as a "good
faith" gesture within 10 business days of the submission of the Special Order by Consent
(SOC) application;
• Upon the execution of the approved SOC, the moratorium on new sewer taps and public
sewer extensions/permits within the Town of Burnsville will be lifted.
• During the course of the SOC, penalties due to NOV's will be waived. Upon the successful
completion of the SOC, all outstanding penalties and fines levied against Burnsville will
be waived.
Section IV - Narrative
A. Existing and/or unavoidable future violations(s) of permit conditions or limits(s)
A letter dated October 21. 2019 was sent to the Town of Burnsville after it was reported that
the Town of Burnsville's WWTP was exceeding 80% of their hydraulic treatment capacity and
thus would not allow any additional sewer extensions until this was addressed. After an
inspection of the WWTP completed by the Department of Environmental Quality (DEQ) on
January 31, 2020, a Notice of Violation (NOV) & Intent to Issue Civil Penalty, NOV-2020-PC-
0070, was issued regarding the condition of the WWTP and the inability of WWTP to handle
and treat the current sewage volumes. On March 10, 2020, the DEQ conducted an
inspection of the Town's collection system to verify compliance with their Collection System
Permit and found excessive Infiltration & Inflow (I&I) present in the collection system. This
resulted in a Notice of Violation, NOV-2020-PV-0190, for the collection system not being
able to handle excess flows during wet-weather events. On February 11, 2020, DEQ sent a
letter of notice placing a moratorium on new sewer connections to the collection system and
the issuance of permits for new sewer lines connected to the WWTP until the Town of

Burnsville WWTP is consistently compliant with their NPDES permit. This moratorium for
new sanitary sewer connections went into effect March 27, 2020.
Even with the issuance of the moratorium, Burnsville's system still experiences multiple
sanitary sewer overflows (SSO's) and struggles to meet the guidelines of the NPDES permit
and the collections system permit issued by the State. NOV's continue to be issued regarding
the performance of the collection system and WWTP, most of which were issued after the
moratorium went into effect and are outlined below:
• NOV-2020-DV-0088, February 6, 2020, overflow at OMC Pump Station
• NOV-2020-DV-0229, NOV & Intent to Issue Civil Penalty, April 2020, collection system
overflows
• NOV-2020-LV-0428 & NOV-2020-LM-0044, NOV& Intent to Issue Civil Penalty, February
& March 2020, WWTP exceeding permit limits
• NOE-2020-DV-0229, May 18, 2020, OMC forcemain break
• NOV-2020-LV-0578, May 2020, WWTP exceeding 80% of flow capacity
• NOV-2020-DV-0333, June 2020, Collection system overflows
• NOV-2020-LV-0641. NOV and Assessment of Civil Penalty, July 2020, WWTP exceeding
80% of flow capacity
• NOV-2020-LV-0750, NOV& Intent to Assess Civil Penalty, August 2020,WWTP exceeding
80% of flow capacity
• NOV-2020-LV-0858, NOV-2020-MB-0163, NOV & Intent to Assess Civil Penalty,
September 2020, WWTP exceeding 80% of flow capacity
• NOV-2021-LV-0019, NOV& Intent to Issue Civil Penalty, October 2020,WWTP exceeding
permit limits
• NOV-2021-DV-0003, NOV& Intent to Issue Civil Penalty, December 27, 2020, overflow at
OMC Pump Station
Most of their NOV's are due to the deteriorated state the sewer collection system which allows
considerable infiltration and inflow (I&I) to enter the collection system and extensive repairs
are needed for Burnsville to become back into compliance with their NPDES and Collection
System Permits. Due to the need, magnitude, and expense of these repairs, Burnsville is
requesting an agreement with the DEQ to enter into a Special Order by Consent.
B. Existing treatment process and any process modifications that have been made to
date to ensure optimum performance of existing facilities.
In February 2020, Burnsville contracted their Engineer to design temporary solutions to treat
higher capacity sewer volumes at the WWTP. Those included installation of additional drum
filters and air lines. Due to a large SSO at their OMC Pump Station, Burnsville has also
purchased additional sump pumps used to pump down the pump station during high flows
and to pump down any other overflowing or surcharged manholes. The Town also developed

a smoke testing and CCTV project to determine infiltration and inflow sources. Burnsville
also has contracts in place to provide by-pass pumping systems in case of a severe failure.
The Town also continues to respond and report all SSO's and bypasses as per conditions
found in Collections System Permit WQCS00143 and NPDES Permit NC0020290.
C. Collection system rehabilitation work completed or scheduled (including dates)
The Town has multiple projects in the works to reduce the SSO's within the collection system
and to reduce the peak flow to the WWTP's. These projects are outlined below:
Project 1 - Burnsville WWTP Improvements:
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• Rehabilitation of 0.3 MGD treatment train at the Burnsville WWTP- repair of tank,
replacement of all mechanical components, replacement of diffusers; new steel
walkways.
• Operate in compliance with NPDES Permit NC0020290 for a period of 6 months after
completing rehabilitation.
• Funding Source - Rates, $520,000.00
• COMPLETED November 2020, Compliant Operation Milestone: April 30, 2021
Project 2 - Meadow Road Sewer Rehabilitation:
• I&I Reduction: Replacement of 4,000 linear feet of existing four (4) inch and six (6)
inch sewer line with 8-inch ductile iron sewer line, 20 manholes and 40 service taps
on Indian Trail and Meadow Road, Burnsville NC
• Demonstrate significant reduction in 1&1 in the collection system consistent with this
project for a period of 6 months after completion.
• Funding Source - CDBG-I $1.1 million
• COMPLETED: October 2020, Operation Milestone: March 31, 2021
Project 3 —OMC Pump Station Rehabilitation and Flow Reduction:
A. OMC Pump Station Rehabilitation:
• Replacement of 1000 linear feet of 8-inch C-900 PVC Force Main to OMC Pump
Station and Rehabilitation of the OMC Pump Station to include new pumps and
generator.
• Operate in compliance with Collections System Permit WQCS00143 for a period
of 6 months after completing rehabilitation.
• Funding Source - North Carolina State Revolving Fund (SRF) Loan $1.14 million
• COMPLETED November 2020 (FORCE MAIN PROJECT), Compliant Operation
Milestone: April 30, 2021
B. OMC Pump Station Flow Reduction
• Addition of Splitter Box at OMC Pump Station and Connection to East Yancey
Sewer Treatment Plant Collection System

• Funding Source— Included with SRF loan of $1.14 million
• Construction currently underway, expected completion date September, 2021
Project 4: West Main Sewer Interceptor Improvements
• I&I Reduction Sewer System Rehabilitation between Town Hall and the Wastewater
Treatment Plant West Main Sewer Interceptor Project
• Funding Source - CDBG-I project
• Projected Schedule
Funding Approval: April, 2021
Submit Engineering Report: October, 2021
Engineering Report Approval: March, 2022
Bid and Design Package Submittal: August, 2022
Bid and Design Package Approval: December, 2022
Complete Construction: May, 2024
Project 5: GIS Stormwater mapping project
• l&I Reduction efforts aimed to locate all stormwater infrastructure. It is expected that
this effort will identify and any possible cross-connections into the sanitary sewer
system and/or identify areas of the storm sewer system that impact the sanitary
sewer system.
• Funding Source -Town rates & 205(j)Water Quality Management Planning Grant
• Projected Schedule
Funding approval: September, 2020
Contract Signed: October, 2020
Contract amendment: December, 2020
Start Date: April, 2021
Complete Mapping: March, 2022
Project 6: Burnsville WWTP Rehabilitation
• Overhaul and rehabilitation of the 0.5 MGD Burnsville Waste Water Treatment Plant.
Work shall include replacing air diffusers, rehabilitation of the plant headworks,
replacing the disinfection treatment from gaseous chlorine to liquid chlorine,
repair/replacement of the blower system, and construction of a new lab building.
• Operate in compliance with Collections System Permit WQCS00143 & NPDES Permit
NC0020290 for a period of 6 months after completing rehabilitation
• Funding Source - TBD
Funding Approval: TBD

Submit Engineering Report: TBD
Engineering Report Approval: TBD
Bid and Design Package Submittal: TBD
Bid and Design Package Approval: TBD
Complete Construction: TBD
The Town wants to update the current Asset Management Plan and CIP and will seek
funding through the State's AIA Grant program in September 2021.
D. Coordination with industrial users regarding their discharges or pretreatment facilities.
Identify any non-compliant significant industrial users and measure(s) proposed or already
taken to bring the pretreatment facilities back into compliance. If any industrial facilities are
currently under consent agreements, please attach these agreements,
The Town of Burnsville is not under a Pretreatment Program requirement. This is due to the
limited number of industrial users in the Town and the nature of the businesses/industries
there. There is one Significant Industrial User (SIU) in Burnsville, Altec Industries, Inc., in
which an Industrial User Pretreatment Permit (IUP) has been issued. Upon review of the
IUP, the DEQ found that the IUP was adequate and meets the minimum requirements of
15A NCAC 2H .0905, 15A NCAC 2H .0916, and 40 CFR 403.8(f)(1)(iii). This IUP was received
by the DEQ on June 15, 2020.
E. Date and outcome of last Industrial Waste Survey
The Town last completed an Industrial Waste Survey (IWS) in February 2020. Reports show
that the DEQ received the survey March 20, 2020. Upon review of the survey, it was found
that the IWS was adequate and meets the minimum requirement of 40 CFR 4003.8(f) (2).
F. Whether or not the facility is acting as a regional facility receiving wastewater from
other municipalities having independent pretreatment programs.
The Town's WWTP does not function as a regional treatment facility. As noted above as a
current project, construction is underway to divert some of the flow from the Burnsville
WWTP to the East Yancey Treatment plant.
Section V—Certification
Section V of the application requires that the applicant submit with its SOC application, "a report
prepared by an independent professional with expertise in wastewater treatment."
In February 2020, Burnsville contracted their Engineer
Certification:

Due to the deteriorated state and performance limitations of the Burnsville collection
system and wastewater treatment plant, is the opinion of the Engineer that the system
cannot be operated in a manner that would consistently achieve compliance with its
NPDES and Collections System permit limits. It is the opinion of the Engineer that there
are no process changes which can be altered to meet these limits and that multiple capital
improvement projects must be undertaken for the Town to consistently meet their
compliance limits
2(
Keith Carpenter, P.E. Date
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Section VI — Predicted Compliance Schedule
With the projects that have been accomplished to date, Burnsville was able to reach a Compliant
Operation Milestone with the operation of their WWTP April 30, 2021. Other projects within the
collection system are ongoing and it is expected that Compliance Operation of the collection
system will be met once the current projects have been completed. The dates of when these
projects were completed or are expected to be completed are outlined in Section IV, Subsection
C.
Section VII — Funding Sources Identification
The Town of Burnsville has already utilized many funding options consisting of various grants,
low interest loans, and rates/enterprise funds for the various rehabilitation projects needed to
correct and make repairs to the collection system. The funding sources that have been utilized
to date have been outlined in Section IV, Subsection C. The Town plans to continue using any
and all funding options available to them.

I
RESOLUTION FOR A SPECIAL ORDER BY CONSENT(SOC)
WHEREAS: The Burnsville Waste Water Treatment Plant(WWTP) has a permit to discharge treated
wastewater to the Cane River,classified C waters of this State in the French Broad River Basin; and
WHEREAS: This discharge is allowed under NPDES Permit Number NC0020290 effective November
1, 2017,and scheduled to expire on September 30, 2022; and
WHEREAS: The Burnsville WWTP intends to be consistently compliant with their NDPES permit and
repair old and failing collection system lines to reduce infiltration and inflow that creates high capacity
sewer volumes; and
WHEREAS: The Burnsville WWTP agrees to maintain and operate the wastewater treatment system
at its maximum level of efficiency during the interim period of the Special Order by Consent and
thereafter; and
WHEREAS: The Town of Burnsville has or will secure funding for necessary treatment plant
improvements in the form of grants, loans, or other cash reserves; and
WHEREAS: The Burnsville Town Council hereby authorizes Heather Hockaday,Town Administrator,
to have the authority to sign and execute the Special Order by Consent on behalf of Town of Burnsville;
and
THEREFORE, BE IT RESOLVED that the Burnsville WWTP requests a Special Order by Consent from the
Environmental Management Commission and the Burnsville Town Council hereby authorizes Heather
Hockaday,Administrator, to sign and execute this document on behalf of Town of Burnsville.
Adopted this 2nd day of September, 2021.
BY:Theresa Coletta, Mayor
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Theresa Coletta, Mayor /
Heather Hockaday, Administ ator
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