NC0020290_SOC (issuance)_20220126

NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF YANCEY
IN THE MATTER OF
NORTH CAROLINA ) SPECIAL ORDER BY CONSENT
NPDES PERMIT NC0020290 and ) EMC SOC S21-003
COLLECTION SYSTEM PERMIT WQCS00143 )
HELD BY THE TOWN OF BURNSVILLE )
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 Burnsville, 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 Permit WQCS00143 for operation of an existing
wastewater collection system but is unable to consistently comply with Condition 1.2.,
regarding sanitary sewer overflows (SSOs) as set forth in Collection System Permit
WQCS00143, and Bypasses and Flow limits as set forth in NPDES Permit NC0020290.
Specifically, frequent and repetitive SSOs and flow permit limit exceedances have occurred
in the Town's Collection System and at the Wastewater Treatment Plant itself. Compliance
will require preparation of plans and specifications for collection system upgrades including,
but not limited to, sewer system rehabilitation between Town Hall and the Wastewater
Treatment Plant, and pump station upgrades at the OMC Pump Station.
(b) Noncompliance with final conditions constitutes causing and contributing to pollution of the
waters of this State, and the Town is within the jurisdiction of the Commission as set forth in
GS. Chapter 143, Article 21.
(c) The Town has secured or will secure financing for planning, design, or construction of a new
or improved wastewater collection system which, once constructed and operated, will be
sufficient to adequately collect wastewater presently being made tributary to the collection
system, such that the Town will be able to comply with final permit conditions in Collection
System Permit WQCS00143 and NPDES Permit NC0020290.
(d) Since this Special Order is by Consent (SOC), 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)
As settlement of all alleged violations of Collection System Permit WQCS00143 and
NPDES Permit NC0020290 currently outstanding that total $55,805, prior to entering into
this Special Order by Consent, the Town of Burnsville agrees to pay the sum of $5,580 and
provide documentation that the sum of the penalties reduced by ($50,225) has been spent
or currently encumbered specifically for sewer infrastructure projects. There may be other
flow violations that have not been assessed but should be coded as "No Action, SOC
Pending" in BIMS. A certified check must be made payable to the Department of
Environmental Quality (DEQ) 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 on which this Order is approved and executed by the Commission
and received by the Town of Burnsville.

Town of Burnsville — BurnsviIle Collection System and WWTP
EMC SOC S21-003
p. 2
(b) Provide the Division of Water Resources (Division) staff of the NC DEO Asheville
Regional Office (ARO), located at 2090 U.S. 70 Highway, Swannanoa, NC 28778-8211,
with a list of all additions of flow (see paragraph 6) under the Town's SOC, and update
this Iist each time flow is added to the collection system.
(c) Undertake or continue to perform following activities in accordance with the indicated
time schedule:
I. Operation and Maintenance recommendations:
a. Continue to respond to all SSOs and Bypasses as per conditions found in
Collections System Permit WQCS00143 and NPDES Permit NC0020290.
II. Schedules (engineering, construction & compliance):
a. Project 1 - Burnsville WWTP Improvements:
i. 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.
ii. Operate in compliance with NPDES Permit NC0020290 for a period of 6
months after completing rehabilitation.
iii. Funding Source - Rates, $520,000.00
iv. COMPLETED November 2020, Compliant Operation Milestone: April 30, 2021
b. Project 2 - Meadow Road Sewer Rehabilitation:
i. 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
ii. Demonstrate significant reduction in I&I in the collection system consistent with
this project for a period of 6 months after completion.
iii. Funding Source - CDBG-I $1 1 million
iv. COMPLETED: October 2020, Operation Milestone: March 31, 2021
c. Project 3a — OMC Pump Station Rehabilitation
i. 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.
ii. Operate in compliance with Collections System Permit WQCS00143 for a
period of 6 months after completing rehabilitation.
iii. Funding Source - North Carolina State Revolving Fund (SRF) Loan $1.14
million
iv. COMPLETED November 2020 (FORCE MAIN PROJECT), Compliant
Operation Milestone: April 30, 2021
d. Project 3b — OMC Pump Station Flow Reduction
i. Addition of Splitter Box at OMC Pump Station and Connection to East Yancey
Sewer Treatment Plant Collection System
ii. Funding Source — Included with SRF loan of $1.14 million
iii. Construction currently being initiated, expected completion date March, 2022
e. Project 4 — Baker's Creek Pump Station Rehabilitation

Town of Burnsville — Burnsville Collection System and WWTP
EMC SOC S21-003
P. 3
i. Rehabilitation of Baker's Creek Pump Station to include new pumps. Generator
will be replaced/upgraded if necessary.
ii. Operate in compliance with Collection System Permit WQCS00143 for a period
of 6 months after completing rehabilitation.
iii. Funding Source-ARPA funds, or loans/grants from State of North Carolina
Division of Water Infrastructure.
iv. Project to be completed by December 31, 2024.
f. Project 5: West Main Sewer Interceptor Improvements
i. I&I Reduction Sewer System Rehabilitation between Town Hall and the
Wastewater Treatment Plant West Main Sewer Interceptor Project
ii. Funding Source - CDBG-I project
• Projected Schedule
Funding Approval:
Submit Engineering Report:
Engineering Report Approval:
Bid and Design Package Submittal:
Bid and Design Package Approval:
Complete Construction:
April, 2021
October, 2021
March, 2022
August, 2022
December, 2022
May, 2024
g. Project 6: GIS Stormwater mapping project
i. I&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.
ii. Funding Source -Town rates & 205(j)Water Quality Management Planning
Grant
iii. COMPLETED: November 2021, Operation Milestone: April 29, 2022
h. Project 7: Burnsville WWTP Rehabilitation Funding and Design
i. 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.
• Projected Schedule
Secure Funding Source — May 2024
Initiate Engineering Services Contact — July 2024

Town of Burnsville — Burnsville Collection System and WWTP
EMC SOC S21-003
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If insufficient bidders prevent the Town from lawfully awarding a contract or legal action by
prospective bidders prevents the Town from lawfully awarding contracts within the time frame
stated in paragraph 2 (c) (II) above, the Town shall notify the ARO and this Order shall be
amended to accommodate any such delays that are beyond the control of the Town.
(d) The Town shall comply with all terms and conditions of Collection System Permit
WQCS00143 and NPDES Permit NC0020290. The Permittee may also be required to
monitor for other parameters as deemed necessary by the Director m future permits or
administrative letters.
(e) No later than thirty (30) calendar days after any date identified for accomplishment of any
activity listed in 2(c) above, the Town shall submit to the ARO a written notice of
compliance or noncompliance therewith. In the case of noncompliance, the notice shall
include a statement of the reasons(s) for noncompliance, remedial actions(s) taken, and a
statement identifying the extent to which subsequent dates or times for accomplishment of
listed activities may be affected.
(f) No later than fifteen (15) calendar days after the end of the calendar quarter stipulated in
the schedule below, quarterly reports will be due to the ARO Regional Supervisor.
Quarterly Report
January — March
April — June
July — September
October - December
April 15
July 15
Report Due Date
October 15
January 15
3. The Town agrees that unless excused under paragraph 4, the Town will pay the Director of
DWR, by check payable to the NC DEQ, stipulated penalties according to the following
schedule for failure to meet the deadlines set out in paragraphs 2(c) and 2(f).
Violation Description
Failure to meet any milestone date identified in
aragraph 2(c) above.
Stipulated Penalty
$250/day
Failure to submit any report required by
aragraph 2(t) above.
reportable spill (SSO or Bypass)
$250/day
$250/event
1
4. The Town and the Commission agree stipulated penalties are not due if the Town satisfies the
Division of Water Resources that noncompliance was caused by extraordinary circumstances:
(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 Town;
(d) An extraordinary event beyond the Town's control. Contractor delays or failure to obtain
funding will not be considered as events beyond the Town's control; or
(e) Any combination of the above causes.

Town of Burnsville — Burnsville Collection System and WWTP
EMC SOC S21-003
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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 collections
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. In recognition of the rehabilitation work already completed, the Division is provisionally
waiving the existing sewer tap moratorium. So long as continued progress is made regarding
reduction of I&I, the tap moratorium will remain waived. The Division reserves the right to
reinstate the moratorium if conditions at the facility deteriorate.
6. The nature of the additional flows is such that the waste characteristics do not exceed those
generally associated with domestic waste or are pretreated to domestic strengths. Waste of
greater than normal domestic sti eitgth may be accepted if the parameter(s) that exceed normal
domestic strength wastewater are not those for which interim limitations have been developed
and it can be demonstrated to the satisfaction of the Director the additional waste will not
adversely affect the treatment efficiency of the treatment system for any modified parameter or
result in the violation of any other permit limitation. All new and proposed industrial waste
tributary to the system must be controlled using all needed mechanisms including but not limited
to adoption and implementation of industrial waste control and pretreatment ordinances. No
wastewater can be accepted which will add toxic pollutants in quantities not generally associated
with domestic wastewater characteristics, unless the acceptance of the additional wastewater can
be supported through appropriate analyses acceptable to the Director.
7. This SOC and any terms and conditions contained herein, hereby supersede any and all previous
Special Orders, Enforcement Compliance Schedule Letters, terms and conditions contained
therein issued in connection with Collection System Permit WQCS00143 and NPDES Permit
NC0020290. In the event of a Permit modification or renewal, requirements contained therein
shall supersede those contained in this SOC, except as modified and contained herein.
8. Any violation of the terms of this SOC, including paragraphs 2 (c) and 2 (e) above may, upon
the discretion of the Director, terminate paragraph five (5) of this Order.
9. Noncompliance with the terms of this SOC are subject to enforcement action in addition to the
above stipulations, including injunctive relief pursuant to G.S. 143-215.6(C).
10. The Town, upon signature of this SOC, will be expected to comply with all schedule dates,
terms, and conditions of this document.
11. This SOC shall expire 90 days after completion of the work listed above.

For the Town of Burnsville:
[legato- t1lade,. , Aanc1
Print Name and Title of S gning Official
ignature of Signing Officialr�
Town of Burnsville — BurnsvilIe Collection System and WWTP
EMC SOC S21-003
p. 6
For the North Carolina Environme ftal Management Commission:
S. Daniel Smith, P.G.
Director, Division of Water Resources
Date
Date