NC0025461_Special Order by Consent_20000225

NPDES DOCUMENT SCANNING COVER SHEET
NPDES Permit:
NC0025461
Bakersville WWTP
Document Type:
Permit Issuance
Wasteload Allocation
Authorization to Construct (AtC)
Permit Modification
Complete File - Historical
Special Order by Consent (SOC)
Speculative Limits
Instream Assessment
(67b)
Environmental Assessment (EA)
Permit
History
Document Date:
February 25, 2000
This document is priated oa reuse paper - ignore any
content oa the resrerse side

A771
NCDENR
JAMES B. HUNT JR.
GOVERNOR
BILL HOLMAN
SECRETARY
KERR T. STEVENS
DIRECTOR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
March 2, 2000
The Honorable Charles E.Vine
Town of Bakersville
P. O. Box 53
Bakersville NC 28705
Subject: Special Order by Consent
EMC WQ 99-008
Town of Bakersville
Mitchell County
Dear Mayor Vine:
DIVISION OF WATER QUALITY
PoC,00a 5 to l
Attached for your records is a copy of the signed Special Order by Consent
approved by the Environmental Management Commission.
The terms and conditions of the Order are in full effect, and you are
reminded that all final permit limits contained in the permit must be met
except those modified by the conditions of the Order. Additionally, as
specified in paragraph 2(d) of the Order, submittal of written notice of
compliance or non compliance with any schedule date is required to be
submitted to this office.
Pursuant to amended North Carolina General Statute 143-215.3D, effective
January 1, 1999, water quality fees have been revised to include an annual
fee for any permit covered under a Special Order by Consent in addition to
the annual fee for the permit. The facility will be subject to a fee of $250.00
on a yearly basis while under this order, in addition to an annual NPDES
permit fee of $715.00. The facility will be billed for this at a later date.
If you have questions concerning this matter, please contact Marcia Lieber at
[phone] ext. 530.
Sincerely,
Kerr T. Stevens
Attachment:
cc: Regional Office, Feille
Mike Hom, EPA
SOC Files
Central Files
Jeanne Phillips
1617 MAIL SERVICE CENTER, RALEIGH, NORTH CAROLINA 27696.1617
website: h2o.enr.state.nc.us PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50q RECYCLED/10 POST -CONSUMER PAPER

NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF MITCHELL
IN THE MATTER OF )
NORTH CAROLINA
NPDES PERMIT
NUMBER NC0025461 )
HELD BY TOWN OF
BAKERSVILLE
SPECIAL ORDER BY CONSENT
EMC SOC WQ 99-008
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 Bakersville, 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 Number
NC0025461 for operation of an existing wastewater
treatment works and for making an outlet therefrom for
treated wastewater to Cane Creek, Class C-Trout waters of
this State in the French Broad River Basin, but is unable
to consistently comply with final effluent limitations for
Flow, Biochemical Oxygen Demand, Total Suspended Solids
and Fecal Coliform as set forth in NPDES Permit Number
NC0025461. Compliance will require preparation of plans
and specifications for construction and operation of
additional treatment works.
(b) Non-compliance 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 desires to cause or allow the discharge of
0.01375 MGD of additional wastewater to the treatment
works, and the discharge of such additional wastewater
will not result in any significant degradation to the
quality of any waters.
(d) The Town has secured a grant or has otherwise secured
financing for planning, design, or construction of a new
or improved waste disposal system which, once constructed
and operated, will be sufficient to adequately treat
wastewater presently being discharged and the additional
wastewater desired to be discharged, to the extent the
Town will be able to comply with final effluent permit
limitations.
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(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 Permit identified in
paragraph 1(a) above, hereby agrees to do the following:
(a) As settlement of all alleged violations of NPDES Permit
NC0025461 prior to entering into this Special Order by
Consent, the Town agrees to pay the sum of $3000.00. A
certified check must be made payable to the Department of
Environment and Natural Resources and forwarded to the
Director of the Division of Water Quality, 1617 Mail
Service Center, Raleigh, North Carolina 27699-1617 by no
later than fifteen (15) days following the date on which
this Order is approved and executed by the Commission and
received by the Town of Bakersviile.
(b) Provide the Asheville Regional Office of the North
Carolina Division of Water Quality (DWQ), located at 59
Woodfin Place, Asheville, NC, with a list of all additions
of flow under the Town's Special Order by Consent, and
update this list each time flow is added to the system.
(c) Undertake the following activities in accordance with the
indicated time schedule:
1) Apply for project grant funding through DENR High
Unit Cost Program on or March 31, 1999.
(met)
2) Apply for project grant funding through N.C. Rural
Development Center Supplemental Grant Program on or
before July 1, 1999.
(met)
3) Resubmit application for grant funding through DENR
High Unit Cost Program on or before
November 30, 1999.
(met)
4) Submit NPDES Permit application for expansion of,M c--1
wastewater treatment plant on or before
December 31, 1999.
5) Receive notification of HUC and Rural Center GranffMC
awards and begin project design on or before
February 1, 2000.
6)* Obtain NPDES permit for expanded wastewater discharge,
submit Authorization to Construct (A to C) request on
or before August 1, 2000.
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7)* Begin Construction of wastewater treatment plant
expansion on or before March 1, 2000.
8) Submit construction progress report on or before
December 1, 2000..
9) Submit construction progress report on or before
August 1, 2001.
10)* Complete construction of wastewater treatment plant
expansion on or before January 1, 2002.
11)* Comply with Final Effluent Limits on or before
March 1, 2002.
* Denotes activity subject to attainment of suitable amount of
grant funding to finance project.
(d) The Town shall comply with all terms and conditions of the
permit except those effluent limitations identified in.
paragraph 1(a) above. See Attachment (s) A for all
monitoring requirements and effluent limitations. The
Permittee may also be required to monitor for other
parameters as deemed necessary by the Director in future
permits or administrative letters.
(e) During the time in which this Special Order by Consent is
effective, the Town shall comply with interim effluent
limitations as contained in Attachment(s) A.
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Under this Special Order by Consent, ONLY the parameters listed
below have been modified from the most current NPDES Permit
currently in effect.
Pipe Number 001
Permit Limitations Modified Limitations (SOC)
Parameters Unit Monthly Avq. Daily Max. Monthly Avq. Daily Max.
Flow MGD 0.075 0.150
BOD mg/1 30 45 45
TSS mg/1 30 45 45
Fec. Coliform /100 ml 200 400 400
Resd.chlorine ug/1 64
60
60
Monitor only-
(f) No later than fourteen (14) calendar days after any date
identified for accomplishment of any activity listed in
2(c) above, submit to the Director of DWQ written notice
of compliance or non-compliance therewith. In the case of
noncompliance, the notice shall include a statement of the
reason(s) for non-compliance, remedial action(s) taken,
and a statement identifying the extent to which subsequent
dates or times for accomplishment of listed activities may
be affected.
(g) Enforce the North Carolina State Building Code as it
applies to Water Conservation (Volume II -Plumbing, Chapter
9, 901 General Requirements -Materials, 901.2 Water
Conservation, and Table 901.2.2-Maximum Allowable Water
Usage For Plumbing Fixtures).
(h) Develop and adopt sewer use ordinance limitations for non -
conventional pollutants. Implement the pretreatment
program as approved by the Director, including the
enforcement of both categorical pretreatment standards and
local limits.
(i) Identify any Infiltration and Inflow problems associated
with the facility and establish a program to correct.
(j) Use forty percent (40%) of the revenue received by a
municipality from additional one-half percent (1/2%) sales
and use taxes levied during the first five (5) fiscal
years in which the additional taxes are in effect in the
municipality and thirty percent (30%) of the revenue
received by a municipality from these taxes in the second
five (5) fiscal years in which the taxes are in effect in
the municipality for water and sewer capital outlay
purposes or to retire any indebtedness incurred by the
municipality for these purposes.
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3. The Town agrees that unless excused under paragraph four (4), the
Town will pay the Director of DWQ, by check payable to the North
Carolina Department of Environment and Natural Resources,
stipulated penalties according to the following schedule for
failure to meet deadlines set out in paragraphs 2(c) and 2(f), or
failure to attain compliance with the effluent
limitations/monitoring requirements contained in Attachment(s) A.
Failure to meet a schedule date.
Failure to maintain compliance with
any modified limit contained in the
SOC .
Failure to achieve compliance with
final effluent limitations at final
compliance deadline.
Monitoring frequency violations.
Failure to submit progress reports.
$100/day for the first
7 days; $500/day
thereafter.
$1000/violation
$2000/violation
$100 per omitted value
per parameter.
$50/day for the first
seven (7) days;
$250/day thereafter.
4. The Town and the Commission agree stipulated penalties are not
due if the Town satisfies the Division of Water Quality non-
compliance 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 a contested case petition
pursuant to G.S. 150E-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
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thirty (30) days has elapsed.
5. In accordance with provisions of G.S. 143-215.67(b) the
Commission allows the Town to accept the additional waste
specified below to its waste disposal system:
0.01375 MGD of additional wastewater. 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 strength 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.
6. This Special Order by Consent and any terms, conditions and
interim effluent limitations contained herein, hereby supersede
any and all previous Special Orders, Enforcement Compliance
Schedule Letters, terms, conditions, and limitations contained
therein issued in connection with NPDES Permit No. NC0025461. In
the event of an NPDES Permit modification or renewal, any
effluent limitations 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.(e) above.
7. Any violation of terms of this Special Order by Consent,
including paragraphs 2(c) and 2(f) above and Attachment (s) (i.e.,
A, B, or C) shall terminate paragraph five (5) of this Order and
any authorized additional waste not previously connected to the
system shall not thereafter be connected until the necessary
sewerage system improvements have been completed and placed in
operation.
8. Non-compliance with the terms of this Special Order by Consent
are subject to enforcement action in addition to the above
stipulated penalties, including injunctive relief pursuant to
G.S. 143-215.6.(C).
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9. The Permittee, upon signature of this Special Order by Consent,
will be expected to comply with all schedule dates, terms, and
conditions of this document.
10. This Special Order by Consent shall expire June 1, 2002.
For the Town of Bakersville:
Charles E. Vines, Mayor
Print Name and Title of Signing Official
14,1(
Signature of Signing Official
Date PLeC, 3 /Oaf
For the North Carolina Environmental Management Commission:
Chairman of the Commission
Date A - ZS--ov
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EMC SOC WQ 99-088
Attachment A
Town of Bakersville
NPDES Permit Number NC0025461
Mitchell County
EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS -Interim
During the period beginning on the effective date of this Special Order and
lasting until June 1, 2002, the Permittee is authorized to discharge from
outfall serial number 001. Such discharges shall be limited and monitored by
the Permittee as specified below:
Effluent Characteristics Discharge Limitations Monitoring Requirements
Units as Specified Measurement Sample *Sample
Monthly Average Daily Max Frequency Type Location
Flow
BOD5
Total Suspended Residue 45
NH3 as N
Fecal Coliform
(geometric mean)
0.150 MGD Continuous Recording IorE
45 mg/1 60 mg/1 Weekly Composite E,I
mg/1 60 mg/1 Weekly Composite E,I,
400/100 ml
Total Residual Chlorine
Temperature
Total Nitrogen (NO2 + NO3 + TKN)
Total Phosphorus
2/month Composite E
Weekly Grab E , U; D,
2/Week
Weekly
Semi-annually
Semi-annually
Grab
Grab E
Composite E
Composite E
* Sample Location: I -Influent, E-Effluent, U-Upstream, D-Downstream
The pH shall not be less than 6.0 standard units nor greater than 9.0 standard unit
and shall be monitored 2/month at the effluent by grab sample.
There shall be no discharge of floating solids or visible foam in other than trace
amounts.
The 85% rule between the influent and effluent BOD5 and TSS values shall not apply
during the term of this Special Order by Consent.
The Permittee may also be required to monitor for other parameters as deemed
necessary by the Director in future permits or Administrative Letters.
Note: Parameters underlined and noted in bold lettering above are the only
parameters modified as part of this Special Order by Consent (SOC).