WQ0029169_EMC SOC WQ S20-0021_20211025

• NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF WAYNE
IN THE MATTER OF )
NORTH CAROLINA ) SPECIAL ORDER BY CONSENT
NPDES PERMIT NO. NC0020575 ) EMC SOC WQ S20-0021
PERMIT NO.WQ0029169 )
PERMIT NO. WQCS00129 )
HELD BY )
THE TOWN OF MOUNT OLIVE )
Pursuant to provisions of North Carolina General Statute(G.S.) 143-215.2 and G.S. 143-215.67,
this Special Order by Consent is entered into by the Town of Mount Olive,hereinafter referred to
as the Town, 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 Town and the Commission hereby stipulate the following:
(a) The Town holds North Carolina NPDES Permit NC0020575 for operation of an existing
two million gallon per day (mgd)wastewater treatment works and for making an outlet
therefrom for the discharge of one mgd treated wastewater to the Northeast Cape Fear
River, Class C;Sw waters of this State in the Cape Fear River Basin.
The Town also holds Non-Discharge Permit WQ0029169 for operation of a 560,893
gallons per day reclaimed water generation, distribution, and utilization system but is
unable to operate the system at its design capacity. The failure to manage this system has
contributed to noncompliance of the wastewater treatment plant,which discharges the
excess flow to the Cape Fear River in violation of its monthly effluent flow limits as set
forth in NC0020575.
Additionally,the Town holds Permit Number WQCS00129 for operation and
maintenance of approximately 32 miles of gravity sewer, 5 miles of force main, and 15
duplex pump stations to make a complete and functional collection system. The Town
has had persistent issues with inflow and infiltration within this system,which
contributes to flow limit violations at the WWTP. The Town has also received notices of
violation due to sanitary sewer overflows (SSOs) at the influent pump station and
manhole at the WWTP.
The Town continues to be in noncompliance with permit conditions and limits for flow
of their NPDES Permit NC0025075. The Town seeks to discharge an average of 2.4
MGD to the Northeast Cape Fear River while repairs and enhancements to the spray
irrigation facility permitted under WQ0029169 are completed. During construction of
the improved system,the non-discharge system will be unable to receive any flow,
necessitating additional discharge into surface waters. The persistent inflow and
infiltration issues within the collection system are further contributing to flows beyond

Town of Mount Olive—Mount Olive WWTP
EMC SOC WQ S20-0021
Page 2 of 8
the current capacity of the WWTP.
This SOC relaxes the flow limits set forth in the NPDES permit to 2.4 mgd while
maintaining the permitted nutrient loads. There will be no net increase of pollutants to the
River with this increased flow.
Compliance will require preparation of plans and specifications for construction and
operation of additional treatment works and influent pump station improvements.
(b) Noncompliance with final effluent limitations constitutes causing and contributing to
pollution of the waters of this State named above, and the Town is within the jurisdiction
of the Commission as set forth in G.S. Chapter 143,Article 21.
(c) The Town has secured a grant or has otherwise secured financing for planning, design,
and construction/repairs of the following:
i. Improvements to the influent pump station, including construction of a new 18-inch force
main.
ii. Removal of influent bypass pump station from service.
iii. Modification of the WWTP headworks to receive increased flow from the improved
influent pump station.
iv. Rehabilitation of two of the four WWTP tertiary filters to increase filter efficiency,return
the filters to their design flowrates,and eliminate frequency of bypass.
v. Installation of a new Parshall flume to increase the accuracy of effluent flow monitoring.
vi. Upgrade of the existing irrigation pump station,and irrigation system controls,to be
compatible with the proposed spray irrigation system.A new transfer pump station
wetwell will be installed.
vii. The existing sycamore tree crop and drip irrigation system will be replaced with a grass
crop and spray irrigation system.
(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.
2. The Town, desiring to comply with the Permits identified in paragraph 1(a) above,hereby
agrees to do the following:
(a) Undertake the following activities in accordance with the indicated time schedule:
1) On or before September 30,2020, submit complete plans and specifications for
the WWTP repairs along with the appropriate permit applications and fee.
(MET)
2) On or before March 31, 2021, begin construction on the WWTP repairs or
modifications. (MET)
3) On or before December 31,2021, adopt a Short-Term Monitoring Plan(STMP)

Town of Mount Olive—Mount Olive WWTP
. EMC SOC WQ S20-0021
Page 3 of 8
for Headworks Analysis (HWA) with appropriate practicable quantitation levels,
PQLs.
4) On or before March 31,2022, update and submit a map of the collection system
which includes pipe size,pipe material,pipe location,flow direction,pipe age,
and each pump station identification, location,and capacity, and submit a Capital
Improvement Plan(CIP).
5) On or before April 30,2022, adopt a Sewer Use Ordinance (SUO), a
Enforcement Response Plan(ERP), and submit the Industrial Waste Survey
(IWS)to the Washington Regional Office.
6) On or before April 30,2022,a soil evaluation shall be submitted per permit
conditions 1. Schedules Items 4. and 5.per Permit No. WQ0029169.
7) On or before June 30,2022, complete construction of Contract I on the WWTP
repairs or modifications which includes new reclaim water irrigation mains and
spray guns,new field control valve stations (3 total)and sprigging Coastal
Bermuda on all fields.
8) On or before June 30,2022, repair all broken or uncapped cleanouts, broken
lines,unsealed manholes, connected storm drains and culverts and unknown
defects outlined in Appendix A of the AIA Report prepared by McGill dated
April 2021.
9) On or before June 30,2022, evaluate the 55 manholes that could not be
evaluated per the AIA report prepared by McGill dated April 2021.
10) On or before February 28,2023, complete construction of Contract II on the
WWTP repairs or modifications which includes a new 18 inch force main from
inlet pump station to headworks, install new adjustable weir gates, install new
transfer pump station which includes new electromagnetic flow meter to monitor
and log effluent sent to the storage and upset ponds,new irrigation pumps and
control panel,new Parshall flume structure and ultrasonic level transducer for
effluent flow, rebuild existing sand filters 1 and 2 with new underdrain system
and backwash carrier bridge components,two six inch plug valves on sand filters
3 and 4, and replace 8 inch plug for effluent line on Clarifier 1.
11) On or before May 31,2023, achieve compliance with permit conditions in
Permit No.NC0020575 and Permit No. WQ0029169.
12) On or before May 31,2023,repair all offset pipe connections,plugged inverts,
and cracked pipes per Appendix B of the AIA Report prepared by McGill dated
April 2021.
13) On or before March 31,2023,twenty percent of the collection system shall be
smoked tested and videoed(Note: twenty percent shall include line that has not
been smoked tested or videoed during the AIA study.)

Town of Mount Olive—Mount Olive WWTP
• EMC SOC WQ S20-0021
Page 4 of 8
• 14) On or before July 31,2023, repairs shall address all problems found for item 13
of the schedule.
15) On or before January 31,2024,twenty percent of the collection system shall be
smoked tested and videoed(Note: twenty percent shall include line that has not
been smoked tested or videoed during the AIA study or for item 13.)
16) On or before July 31,2024, repairs shall address all problems found for item 15
of the schedule.
17) On or before October 31,2024,twenty percent of the collection system shall be
smoked tested and videoed(Note: twenty percent shall include line that has not
been smoked tested or videoed during the AIA study or for items 13. and 15.)
18) On or before April 30, 2025, repairs shall address all problems found for item 17
of the schedule.
19) On or before July 31,2025,twenty percent of the collection system shall be
smoked tested and videoed(Note: twenty percent shall include line that has not
been smoked tested or videoed during the AIA study or for items 13., 15., and
17.)
20) On or before January 31,2026,repairs shall address all problems found for item
19 of the schedule.
(b) The Town will submit quarterly progress reports detailing the work and activities undertaken
and completed on the upgrades to the collection system.The reports are to be submitted as
follows:one copy must be mailed to the Washington Regional Office Supervisor,Division
of Water Resources/Water Quality Regional Operations Section,943 Washington
Square Mall,Washington,NC 27889,and one copy must be mailed to the Water Quality
Permitting Section/NPDES,1617 Mail Service Center Raleigh,NC 27699-1617.The
quarterly reports are due in each respective office no later than the first(1st)day of February,
May,August,and November for the duration of this Order.
(c) The Town will comply with all terms and conditions of the permit except effluent limits for
parameters identified in Attachment A. See Attachment A for all current monitoring
requirements and effluent limits,including interim effluent limits applicable to this Special
Order by Consent.The Town may also be required to monitor for other parameters,as
deemed necessary by the Director,in future permits or administrative letters.During the
time in which this Special Order by Consent is effective,the Town shall comply with the
interim effluent limits for flow.

Town of Mount Olive—Mount Olive WWTP
• EMC SOC WQ S20-0021
Page 5 of 8
• Under this SOC,a_ly the parameters listed below have been modified from the most
current NPDES Permit NC0020575 in effect for Outfall 001.
Permit Limits Interim Limits
Parameters Monthly Weekly
Avg. Avg. Monthly Avg. Weekly Avg.
Flow 1.0 MGD 2.4 MGD
BUDS (s) 5.0 mg/L 7.5 mg/L 41.7 lbs/day 62.55 lbs/day
BODS (w) 10.0 mg/L 15.0 mg/L 83.4 lbs/day 125.1 lbs/day
Ammonia(s) 1.0 mg/L 3.0 mg/L 8.34 lbs/day 25.02 lbs/day
Ammonia(w) 2.0 mg/L 6.0 mg/L 16.68 lbs/day 50.04 lbs/day
TSS 30.0 mg/L 45.0 mg/L 250.2 lbs/day 375.3 lbs/day
Chronic Toxicity' Quarterly Pass/Fail Monitoring Only
s=summer(April 1—October 31);w=winter(November 1—March 31)
Footnote 1:NCDEQ will not enforce pass/fail limits for tests that take place for the quarters where
oxidation ditches and tertiary filters are offline for service.In all other quarters,the Town must comply
with toxicity requirements.
(d) No later than fifteen(15)calendar days after any date identified for accomplishment of
any activity listed in 2(a)above,the Town shall submit to the Water Quality Regional
Operations Section Regional Supervisor for the Division of Water Resources' (DWR)
Washington Regional Office 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) The Town will continue to operate the wastewater treatment plant as best as possible to
prevent/minimize any adverse impacts to the surface waters.
3. The Town, desiring to comply with the Permits identified in paragraph 1(a) above,hereby
agrees to the following settlement of alleged violations,an upfront penalty,and stipulated
penalties:
(a)As settlement of all alleged violations (NOV-2019-LV-0831,NOV-2020-LV-0163,
NOV-2020-LV-0164,NOV-2020-LV-0440,NOV-2019-LV-0442,NOV-2019-LV-0443,
NOV-2020-DV-0231,NOV-2021-DV-0368,NOV-2021-DV-0370,NOV-2021-DV-0371,
NOV-2021-DV-0372,NOV-2021-LM-0079,NOV-2021-LV-0655,NOV-2021-LV-0656,
NOV-2021-LV-0654,NOV-2021-LV-0657,NOV-2021-LM-0080,NOV-2021-LV-0658,
NOV-2021-PC-0340) and unsettled enforcement cases (SP-2004-0007, SP-2008-0024,DV-
2019-0104, and DV-2019-0111)prior to entering into this Special Order of Consent, the
Town agrees to pay the sum of$23,000.00. This settlement payment satisfies the Notice of
Violation/Enforcements and any other alleged violations that may have occurred prior to the
established SOC effective date. A certified check must be made payable to the Department
of Environmental Quality and forwarded to the Director of the Division of Water Resources
at 1617 Mail Service Center,Raleigh,NC 27699-1617 by no later than fifteen days following
the date of which this Order is approved and executed by the Commission and received by

. Town of Mount Olive—Mount Olive WWTP
• EMC SOC WQ S20-0021
Page 6 of 8
• the Town of Mount Olive.
(b)The Town agrees that unless excused under paragraph four(4),the Town will pay the
Director of DWR,by check payable to the North Carolina Department of Environmental
Quality, stipulated penalties according to the following schedule for failure to meet the
deadlines set out in paragraphs 2(a),2(b), and 2(d); and interim effluent limits and
monitoring requirements set out in paragraph 2(c):
Violation Description Stipulated Penalty
Any reportable Sanitary Sewer Overflow
•
(SSO) from the main trunk line or main $5,000/event day
pump station
• $100/day for the first 7 days
Failure to meet a scheduled date • $500/day thereafter
• $1,000 for exceeding monthly average
Failure to comply with a modified SOC limit
effluent limit • $500 for exceeding weekly limits (to be
paid on a monthly basis)
Monitoring frequency violations for $500 per omitted value per parameter(to
modified parameters be paid on a monthly basis)
Failure to Submit Progress Reports by the $1,000 for the first violation;penalty
scheduled date doubles with each subsequent
assessment for late reports
Failure to achieve compliance with permit $10,000(single penalty)
conditions as outlined in Item 2.A. 11.
(c) Certified checks are to be made payable to the North Carolina Department of
Environmental Quality and forwarded to Director of DWR at 1617 Mail Service Center,
Raleigh,North
Carolina 27699-1617.
4. The Town and the Commission agree that the stipulated penalties are not due if the Town
satisfies DWR 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, 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;

• Town of Mount Olive—Mount Olive WWTP
• EMC SOC WQ S20-0021
Page 7 of 8
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 thirty (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 thirty(30) days has elapsed.
5. Noncompliance with the terms 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.C.
6. This Special Order by Consent and any terms or conditions contained herein,hereby
supersede any and all previous Special Orders, Enforcement Compliance Schedule Letters,
terms, conditions, and limits contained therein issued in connection with NPDES Permit No.
NC0020575,Non-Discharge Permit No. WQ0029169 and Collection System Permit No.
WQCS00129.In the event of an NPDES permit modification or renewal, any effluent limit
or monitoring requirements contained therein shall supersede those contained in Attachment
A of this Special Order by Consent,except as modified and contained in paragraph 2(c)
above.
7. This Special Order by Consent may be amended provided the Town has made good faith
efforts to secure funding, complete all construction and achieve compliance within the dates
specified.
8. During the term of this Special Order by Consent,the Town will not be permitted to accept
additional wastewater from any domestic, industrial,or commercial sources without prior
approval from the Washington Regional Supervisor and the Water Quality Permitting
Section.
9. Failure to meet the scheduled date identified in paragraph 2(a)may terminate this Special
Order by Consent and require the Town to comply with the terms and conditions contained in
the permits identified in paragraph 1(a).
10. The Town, upon signature of this Special Order by Consent,will be expected to comply with
all schedule dates,terms, and conditions of this document.
This Special Order by Consent shall expire May 31,2026.

Town of Mount Olive—Mount Olive WWTP
• EMC SOC WQ S20-0021
Page 8 of 8
For the Town of Mount Olive:
•
/o IY al
Jam oyall,Town Manager Date
Town of Mount Olive
For the North Carolina Environmental Management Commission:
S. Daniel Smith, Director Date
Division of Water Resources