NC0024244_EMC SOC WQS19-007_20220628

NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF STANLY
IN THE MATTER OF )
NORTH CAROLINA ) SPECIAL ORDER BY CONSENT
NPDES PERMIT NO. NC0024244 ) EMC SOC WQ S19-007
PERMIT NO. WQCS00016 )
)
HELD BY )
THE CITY OF ALBEMARLE )
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 City of Albemarle, hereinafter referred to as
the City, 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 City and the Commission hereby stipulate the following:
(a) The City holds North Carolina NPDES Permit NC0024244 for operation of an existing
wastewater treatment works and for making an outlet therefrom for the discharge of
treated wastewater to Long Creek, Class C waters of this State in the Yadkin-Pee Dee
River Basin. The City is unable to consistently comply with the final effluent limits,
including Biochemical Oxygen Demand (BOD), Ammonia Nitrogen, Total Suspended
Solids(TSS), and Fecal Coliform. The City is unable to comply with operational
requirements as set forth in NPDES Permit NC0024244 due to high levels of inflow and
infiltration entering the City's sewer lines, and the WWTP's inability to handle low
influent concentrations of BOD. The City also holds North Carolina Collection System
Permit WQCS00016 for operation of an existing wastewater collection system, but is
unable to consistently comply with permit Condition 1.2 regarding sanitary sewer
overflows(SSOs) as set forth in Collection System Permit WQCS00016. Compliance
will require preparation of plans and specifications for collection system upgrades
including, but not limited to, pump station upgrades/improvements and sewer line(force
main) rehabilitation to be conducted in three phases.
(b) Noncompliance with final effluent limitations constitutes, causing, and contributing to
pollution of the waters of this State named above, and the City is within the jurisdiction
of the Commission as set forth in G.S. Chapter 143, Article 21.
(c) The City has secured a grant or has otherwise secured financing for planning, design, and
construction/repairs of the following:
i. New or improved wastewater treatment and disposal system components as described
in Attachment B which, once constructed and operated,will be sufficient to
adequately convey and treat wastewater presently being discharged,to such an extent
that the City will be able to comply with the final effluent limits and operational

City of Albemarle—Long Creek WWTP
EMC SOC WQ S 19-007
Page 2 of 6
requirements as set forth in NPDES Permit NC0024244.
ii. 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,within the Sanitary Sewer Rehab Phase 1, Phase 2, and Phase 3 such
that the City will be able to comply with permit Condition 1.2 regarding sanitary sewer
overflows(SSOs)as set forth in Collection System Permit WQCS00016.
(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 City, desiring to comply with the Permits identified in paragraph 1(a) and 1(b) above,
hereby agrees to do the following:
(a) Undertake the following activities in accordance with the indicated time schedule:
Scheduled Activity Due Date
Submit Quarterly Progress Reports Beginning October 15, 2020
(see details in paragraph 2(b)below.) (Ongoing)
For Collection System Permit WQCS00016:
Complete Sanitary Sewer Rehab, Phase 1 December 31, 2014 (Met)
Begin construction on Sanitary Sewer Rehab, Phase 2 July 31, 2019(Met)
Apply for funding for Sanitary Sewer Rehab, Phase 3 September 30, 2019(Met)
Receive Letter of Intent to Fund for Phase 3 March 31, 2020(Met)
Submit finished plans and specifications for review for Phase 3 September 30, 2021 (Met)
Complete construction on Phase 2 November 30, 2020(Met)
Begin Construction and execute construction contract for Phase 3 August 31, 2022
Complete construction on Phase 3 June 30,2023
Review infrastructure improvements for maintaining compliance November 30, 2023
Attain Compliance with the Collection System Permit November 30, 2023
For NPDES Permit NC0024244:
Begin implementation or construction of WWTP improvements July 31, 2024
items in Attachment B.
Complete construction of all WWTP improvements February 28, 2026
Attain Compliance with NPDES permit limits May 31,2026
(b) The City 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 Mooresville Regional Office Supervisor, Division of Water

City of Albemarle—Long Creek WWTP
EMC SOC WQ S 19-007
Page 3 of 6
Resources/Water Quality Regional Operations Section,610 East Center Avenue,Suite
301,Mooresville,NC 28115,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 fifteenth(15th)day of
January, April,July,and October for the duration of this Order.
(c) The City will comply with all terms and conditions of the permit except effluent limits for
parameters identified in paragraph 1(a)above. See Attachment A for all current monitoring
requirements and effluent limits, including interim effluent limits applicable to this Special
Order by Consent.The City 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 City shall comply with the
interim effluent limits for Total Suspended Solids(TSS), Biochemical Oxygen Demand
(BOD), Ammonia Nitrogen,and Fecal Coliform as listed in the table below.
Under this SOC,on the parameters listed below have been modified from the most
current NPDES Permit NC0024244 in effect for Outfall 001.
Permit Limits Interim Limits
Parameters Units Monthly Weekly Monthly Weekly
Avg. Avg. Avg. Avg.
BOD (s) mg/L 10.0 15.0 15.0 35.0
BOD (w) mg/L 20.0 30.0 25.0 35.0
TSS mg/L 30.0 45.0 35.0 50.0
Ammonia Nitrogen(s) mg/L 1.1 3.3 5.0 15.0
Ammonia Nitrogen(w) mg/L 2.6 7.8 5.0 15.0
Fecal Coliform #/100 mL 200* 400* 400* 800*
s = summer(April 1 —October 31);w=winter(November 1 —March 31)
* =geometric mean
(d) No later than fifteen(15) calendar days after any date identified for accomplishment of
any activity listed in 2(a)above,the City shall submit to the Water Quality Regional
Operations Section Regional Supervisor for the Division of Water Resources'(DWR)
Mooresville 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 City will continue to operate the wastewater treatment plant as best as possible to
prevent/minimize any adverse impacts to the surface waters.
3. The City, desiring to comply with the Permits identified in paragraph 1(a) above, hereby
agrees to the following settlement of outstanding civil penalties, an upfront penalty, and
stipulated penalties:
(a) The City has outstanding civil penalty assessments that total $60,054.33. As settlement of
all alleged violations of NPDES permit number NC0024244 and WQCS00016 prior to

City of Albemarle—Long Creek WWTP
EMC SOC WQ S 19-007
Page 4 of 6
entering into this Special Order by Consent, the City agrees to pay an upfront penalty
amount of$1,679.33, with the remaining amount of$58,375.00 to be held in abeyance
until the successful completion of this SOC.
(b) At the successful conclusion of this Special Order by Consent, the penalty amount held in
abeyance ($58,375.00) will be remitted. Should the Special Order by Consent not reach a
successful conclusion, the full remaining penalty amount of$58,375.00 will be due
immediately by check payable to the North Carolina Department of Environmental
Quality and forwarded to the Director.
(c) The City agrees that unless excused under paragraph four(4), the City 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
For Collection System Permit WQCS00016:
• $250 per SSO greater than 1,000 gallons
Any reportable Sanitary Sewer Overflow and less than 100,000 gallons. (to be
(SSO) paid on a monthly basis)
• $500 per SSO greater than 100,001
gallons (to be paid on a monthly basis)
• $250 per bypass less than 100,000
Any reportable bypass gallons (to be paid on a monthly basis)
• $500 per bypass greater than 100,001
gallons (to be paid on a monthly basis)
For NPDES Permit NC0024244:
Failure to meet a scheduled date $1,000 per day
• $1,000 for exceeding monthly average
Failure to comply with a modified effluent (or geometric mean) limit
limit • $500 for exceeding weekly average (or
geometric mean) limits (to be paid on a
monthly basis)
Monitoring frequency violations for $100 per omitted value per parameter(to
modified parameters be paid on a monthly basis)
$1,000 for the first violation; penalty
Failure to Submit Status Reports doubles with each subsequent
assessment for late reports
Failure to achieve compliance with final $5,000 (single penalty)
effluent limits
(d) 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.

City of Albemarle— Long Creek WWTP
EMC SOC WQ S 19-007
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4. The City and the Commission agree that the stipulated penalties are not due if the City
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 beyond be and 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
number NC0024244 and Collection System Permit WQCS00016. 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 City 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 City will not be permitted to accept
additional wastewater from any domestic, industrial, or commercial sources without prior
approval from the Mooresville Regional Supervisor and the Water Quality Permitting
Section.

• of Albemarle—Long Creek WWTP
EMC SOC WQ S 19-007
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9. Failure to meet the scheduled date identified in paragraph 2(a) may terminate this Special
Order by Consent and require the City to comply wit' as and conditions contained in
the permits identified in paragraph 1(a).
10. The City, upon signature of this Special Order by Consent, will be expected to comply with
all schedule dates, terms, and conditions of this docu
This Special Order by Consent shall expire August 31,2
For the City of Albemarle:
( 6/1 L
Michael Ferris ity Manager Date
City of Albe arle
For the North Carolina Environmental Management Commission:
Richard E. Rogers, Jr., Director Date
Division of Water Resources