NC0032719_SOC (Acknowledgement)_20221007

NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF CHOWAN
IN THE MA 1"1'ER OF )
NORTH CAROLINA )
NPDES PERMIT )
NUMBERNC0032719 )
HELD BY CHOWAN )
COUNTY )
SPECIAL ORDER BY CONSENT
EMC SOC WQ S16-003 Ad. III
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 Chowan County, hereinafter
referred to as the County, 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 County and the Commission hereby stipulate the following:
(a) The County holds North Carolina NPDES Permit Number NC0032719 for operation of an
existing wastewater treatment works and is permitted to discharge treated wastewater to Pollock
Swamp, Class C-NSW waters of this State in the Chowan River Basin. However, the County is
not discharging to said outlet in accordance with NPDES Permit Number NC0032719. The
County is discharging into a settling basin (borrow pit) and the treated wastewater is infiltrating
into groundwater of the State. The County has exceeded groundwater standards at the
compliance boundary for Chloride, Iron and Manganese. Compliance will require preparation of
plans and specifications for construction and operation of additional treatment works and an
alternative means of disposal.
(b) Noncompliance with the Permit constitutes causing and contributing to pollution of the
waters of this State named above, and the County is within the jurisdiction of the Commission as
set forth in G.S. Chapter 143, Article 21.
(c) The County has secured a grant or has otherwise secured financing for planning, design, or
construction of a new or improved waste system and new 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 County will
be able to comply with final effluent permit limitations.
(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 County desiring to comply with the Permit 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 July 1, 2017, submit an alternative analysis report for the
facility summarizing methods to bring the facility into compliance. (Met)
2) On or before July 1, 2017, submit a complete Comprehensive Site
Assessment (CSA) in accordance with 15A NCAC 02L .0106 (g). (Met)
3) On or before March 1, 2018, submit a Corrective Action Plan (CAP) in
accordance with 15A NCAC 02L .0106 (h) to address groundwater
violations. (Met)
4) On or before January 1, 2021, submit a preliminary Regionalization
Feasibility Study and Report in accordance with the terms of the NCDQ
DWI Merger/Regionalization Grant contract. Regionalization will be with
the Counties of Chowan and Perquimans and the Town of Edenton. (MET)
5) On or before July 1, 2022, prepare and submit a revised Corrective Action
Plan (CAP) with proposed options to prevent surfacing of high -chloride
groundwater into the Harrell Pond and the tributary to Bennett's Mill Pond.
(MET)
6) On or before July 1, 2023, implement the approved CAP and initiate
operation of the selected remedial method.
7) On or before October 1, 2023, complete Test Wells Construction.
8) On or before January 1, 2024, submit test well sampling and evaluation
report.
9) On or before July 1, 2024, implement the pilot study for pumping or
property drainage management.
10) On or before October 1, 2024, submit RO Pilot Plant Study Report.
11) On or before October 1, 2025, submit the NPDES Engineering
Alternatives Analysis, CORMIX Dilution Model, NPDES discharge permit
application, Engineering Report and Environmental Assessment.
12) On or before October 1, 2027, finalize project design and submit project
for construction permitting.
13) On or before July 1, 2028, issue Notice to proceed and begin construction.
14) On or before January 1, 2030, complete construction and start-up.
15) On or before May 1, 2030, achieve compliance with all final permit
effluent limits and permit conditions.

16) On or before January 1, 2031, properly abandon and closeout settling
ponds and effluent outfall at the Valhalla WTP.
17) Provide the Washington Regional Office with quarterly progress
reports. Reports are due within 30 days following the end of each
calendar quarter. The quarterly reports shall include, at a minimum,
documentation of the County's status of operation of the current treatment
system and the status of permit modification and new treatment and
disposal system construction activities.
(b) The County shall comply with all terms and conditions of the permit. The County shall
collect groundwater samples from the three monitoring wells located on the compliance
boundary every quarter and have those samples analyzed for Chlorides, Iron and Manganese.
The County shall submit the results in the required quarterly progress report. The County may
also be required to monitor for other parameters as deemed necessary by the Director in future
permits or administrative letters.
(c) No later than thirty (30) calendar days after any date identified for accomplishment of any
activity listed in 2Ca) above, submit to the Director of DWR 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.
3. The County agrees that unless excused under paragraph four (4), County 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 deadlines set out in
paragraphs 2(a) and 2(c).
Failure to meet a schedule date.
$100/day for the first 7 days;
$500/day thereafter
Failure to comply with SOC condition.
$500/day until condition is met
Failure to achieve compliance with final effluent
limitations at final compliance deadline.
$10,000.00
Failure to submit progress reports.
$$1000/first violation; penalty
doubles with each subsequent
assessment
Failure to perform and/or submit required
sampling in accordance with this document.
$1000.00/violation

4. The County and the Commission agree stipulated penalties are not due if County satisfies the
Division, 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 County;
d. An extraordinary event beyond the County's control. Contractor delays or failure to
obtain funding will not be considered as events beyond the County'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. 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. NC0032719.
6. Noncompliance 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).
7. The County, upon signature of this Special Order by Consent, will be expected to comply
with all schedule dates, terms, and conditions of this document.
8. This Special Order by Consent shall expire May 1, 2031.
For the County of Chowan
/bu" I GJG{rJ L.t VJ1d� i/ 4aKa -(/
Print Name and Tit of Sign. g Official 1
Date /G/ % dU.0)2
ignature of Signing Official
For the North Carolina Environmental Management Commission:
Date
Chairman of the Commission