NC0025381_Special Order by Consent_20220426

NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF RUTHERFORD
IN THE MATTER OF )
NORTH CAKULINA )
NPDES PERMIT NC0025381 )
NON -DISCHARGE PERMIT WQCS00131)
HELD BY THE TOWN OF LAKE LURE )
SPECIAL ORDER BY CONSENT
EMC SOC WQ S20-004
Pursuant to provisions of North Carolina General Statutes (G.S.) 143-215.2 and 143-215.67, this Special
Order by Consent is entered into by the Town of Lake Lure, 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 Non -Discharge Permit WQCS00131 for operation of an
existing wastewater collection system. The Town is unable to consistently comply with
Condition I.2 regarding effectively managing, maintaining and operating the system to
prevent impacts to groundwater, surface water or creation of nuisance conditions.
Specifically, lake inflow and infiltration continue to cause excessive interference and
inadequate treatment capabilities at the Town's WWTP.
(b) The Town holds North Carolina NPDES permit NC0025381 for operation of the Town of
Lake Lure wastewater treatment plant (WWTP) and for making an outlet therefrom for the
discharge of treated wastewater to the Broad River, currently classified C waters of this State
in the Broad River Basin. The Town is unable to consistently comply with effluent limits for
Ammonia Nitrogen (NH3 as N) and Total Suspended Solids (TSS) as set forth in NPDES
Permit NC0025381.
(c)
Noncompliance with the above permit conditions 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.
(d) The Town has secured funding for the planning, design and construction of a multi -phase
collection system replacement and WWTP improvement hereafter referred to as 'the project'.
Phase I is to include rehabilitation of existing perimeter manholes and replacement of
approximately 9,000 linear feet of the current collection system. Initial WWTP improvements
will include repairs to the fine screen, addition of grit removal and modification of the solids
handling processes. Completion of Phase I is intended to reduce lake infiltration and improve
WWTP performance in preparation for subsequent phases of construction.
(e)
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) and 1(b) above, hereby
agrees to do the following:

Undertake the following activities in accordance with the indicated time schedule:
(1) On or before December 30, 2022, submit approvable plans and specification to the
Division of Water Resources (hereinafter referred to as the Division) for its review for the
Initial WWTP improvements referenced in 1(d) above.
(2) Within five (5) months of receiving an approved Authorization to Construct (AtC) for the
improvements identified in 2(c)(1) above, award a construction contract for the Initial
WWTP improvements.
Complete construction of the Phase I collection system improvements (as referenced in
1(d) above) on or before May 30, 2026
Amend SOC for Phase II of construction on or before July 31, 2026.
Provide semi-annual progress reports summarizing activities undertaken by the Town with
regard to the construction of Phase I. Reports will also provide a summary of the
performance of the Town's existing WWTP during the previous six months, and detail
efforts made to optimize WWTP during that time. Reports may be provided by hard copy
or electronic means and shall be submitted to the NC DEQ Asheville Regional Office and
the Division Central Office no later than the 10th day of June and December during the
period of time the SOC is in effect.
(d) During the time in which this SOC is effective, comply with the interim effluent limitations. Under
this SOC, p_plx the parameters listed below have been modified from the most current NPDES
Permit in effect. The following reflects only the limitations that have been modified from NPDES
requirements by this SOC:
(3)
(4)
(5)
SOC WQ S20-004
(a) The Town has outstanding civil penalty assessments that total $48,603.02. As a settlement of
all alleged violations of NPDES permit NC0025381 and Non -Discharge permit WQCS00131
(NPDES: $44,363.53 & Non -Discharge: $2,119.59) occurring prior to entering into this SOC,
the Town agrees to pay an up -front penalty in the amount of $9,720.60. The remaining balance
of $38,882.42 and any additional fines incurred due to exceedances of unmodified limits
during the life of the SOC are to be held in abeyance until the successful completion of this
SOC. A check made payable to the NC Department of Environmental Quality and forwarded to
the Supervisor of the NC DEQ Asheville Regional Office at 2090 U.S. Hwy 70, Swannanoa,
N.C. 28778, by no later than ninety (90) days following the date on which this SOC is
approved and executed by the Commission and received by the Town.
(b) At the successful conclusion of this SOC, the penalty amount held in abeyance ($38,882.42)
and any additional penalties incurred due to unmodified limit exceedances will be remitted in
full (i.e., the Town's remaining penalty debt will be cancelled). Should the SOC not reach a
successful conclusion, the full remaining penalty balance of $38,882.42 and incurred penalties
related to unmodified limit exceedances will be due in full immediately.
(c)
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SOC WQ S20-004
Permit Limits (.995 MGD) Modified Limits (SOC) (.995 MGD)
Total Suspended
Solids (TSS) mg/L
BOD mg/L 30
30
45
45
200
60
300
90
(e) No later than thirty (30) calendar days after any date identified for accomplishment of any
activity listed in paragraph 2.(c) (1) — (5) above, submit to the Division Director a written
notice of compliance (including the date compliance was achieved along with supporting
documentation if applicable) 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.
3. The Town agrees that unless excused under paragraph four (4), the Town will pay the Division
Director, by check payable to the North Carolina Department of Environment Quality, stipulated
penalties according to the following schedule for failure to meet the deadlines set out in paragraph 2.
SOC Violation
Stipulated Penalty
Failure to meet a schedule date listed in either paragraph
2.(c)(1) through 2.(c)(4),
$500 per missed schedule date within the first seven
(7) days of tardiness; $750 per day thereafter.
Failure to submit progress reports as required by
paragraph 2.(c)(5).
$500 for the first violation; penalty doubles with each
subsequent assessment for late reports.
Failure to maintain compliance with any modified limit
contained in the SOC.
$1000 per monthly average violation/$500 per weekly
average violation
Monitoring frequency violations
$100 per omitted value per parameter
Failure to complete Phase I by the agreed upon timeline
$5,000
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;
(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
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SOC WQ S20-004
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. This SOC and any terms and/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 NC0025381 and Non -discharge permit
WQCS00131.
6. Failure to meet the schedule dates identified in paragraph 2 may terminate this SOC and require the
Town to comply with the terms and conditions contained in permit NC0025381 and WQCS00131.
7. Noncompliance with the terms of this SOC is subject to enforcement action in addition to the above
stipulated penalties, including injunctive relief pursuant to G.S. 143-215.6.C.
8. The permittee, upon signature of this SOC, will be expected to comply with all schedule dates,
terms, and conditions of this document.
9. This SOC shall expire July 31, 2026 unless amended and a new expiration date is agreed upon by
both parties.
For the Town of Lake Lure:
42/
Olivia Stewman Date
Interim Town Manager
For the North Carolina Environmental Management Commission
ichard E. Rogers, Jr. ' / Date
Director, Division of Water Resources
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