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HomeMy WebLinkAboutNC0064246_SOC (Issuance)_20230623ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director Kellen Buss, Dir. of Site Infrastructure Jones Estates Pace LLC PO Box 14466 Durham, NC 27709 Dear Mr. Buss: NORTH CAROLINA Environmental Quality June 23, 2023 Subject: SPECIAL ORDER BY CONSENT (SOC) EMC SOC WQ S22-004 Pace Mobile Home Park NPDES Permit NCO064246 Johnston County The Division of Water Resources (DWR) hereby transmits for your records a copy of the signed Special Order by Consent (SOC or the Order) approved by the Environmental Management Commission (EMC). The terms and conditions of the Order are now in full effect, including those requiring submittal of written notice of compliance or non-compliance with any SOC schedule date. To cover water - quality maintenance costs, SOC fees have been revised to include a $500.00 annual fee, pursuant to North Carolina General Statute 143-215.3D. DWR will invoice the Town of Siler City at a later date, with future SOC fees invoiced annually. If you have questions, please contact the operations staff at DWR's Raleigh Regional Office at 919- 791-4200, or contact Sydney Deuterman in the central office at 919-707-3712 or via email at sydney. deuterman&deq. nc. gov. Sincerely, 4bj�� Sydney Deuterman Environmental Specialist II Division of Water Resources, NCDEQ Attachment: EMC SOC WQ S22-004 Final cc: Raleigh Regional Office - Laserfiche SOC File - Laserfiche D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 NORTH CAROLINA �/ 919.707.9000 oepar em of envlmn—W Qualfty NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION COUNTY OF JOHNSTON IN THE MATTER OF ) NORTH CAROLINA ) NPDES PERMIT NO. NCO064246 ) HELD BY ) JONES ESTATES PACE LLC ) SPECIAL ORDER BY CONSENT EMC SOC WQ S22-004 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 Jones Estates Pace LLC, hereinafter referred to as Pace, 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. Pace and the Commission hereby stipulate the following: (a) Pace holds North Carolina NPDES Permit NCO064246 for operation of an existing wastewater treatment works and for making an outlet therefrom for the discharge of treated wastewater to an unnamed tributary to Buffalo Creek, Class C; NSW waters of this State in the Neuse River Basin. Pace is unable to consistently comply with the final effluent limits for Biochemical Oxygen Demand (BOD). Total Residual Chlorine (TRC), Fecal Coliform, Dissolved Oxygen (DO), Total Suspended Solids (TSS), and Ammonia Nitrogen due to the severe deteriorated condition of the wastewater treatment plant (WWTP). (b) Noncompliance with final effluent limitations constitutes, causing, and contributing to pollution of the waters of this State named above, and Pace is within the jurisdiction of the Commission as set forth in G.S. Chapter 143, Article 21. (c) Pace has secured the necessary funds for the plans, upgrades and repairs of the wastewater treatment and disposal system components at the WWTP as described below which, once constructed and operated, will be sufficient to adequately convey and treat wastewater presently being discharged, to such an extent that Pace will be able to comply with the final effluent limits and operational requirements as set forth in NPDES Permit NC0064246. i. Construct new flow splitter box with bar screen between the two treatment trains. ii. Install new equipment in Train 2, which includes blowers, motors, and plumbing, and running electrical to the new equipment. Transition treatment operations from Train 1 to Train 2. iii. Remove old equipment and tank from Train 1 for refurbishing or replacement as needed. iv. Bring Train 1 back online and re -start dual train operations. Jones Estates Pace LLC — Pace Mobile Home Park EMC SOC WQ S22-004 Page 2 of 7 (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. Pace, desiring to comply with the permit identified in Paragraph l(a) above, hereby agrees to do the following: (a) Undertake the following activities in accordance with the indicated time schedule: Scheduled Activity Due Date Submit Monthly Progress Reports (see details in Paragraph 2(b) below.) Beginning April 15, 2023 For NPDES Permit NCO064246: CO23 onstruct new flow splitter box with bar screen January E ED COMPLETED Install new Train 2 equipment June 15, 2023 Transition treatment operations from Train 1 to Train 2 July 1, 2023 Obtain field lab certification from DWR July 15, 2023 Remove Train 1 from operation for refurbishing and replacement of old equipment August 15, 2023 Re -install Train 1 and being operations with dual treatment trains October 15, 2023 Attain Compliance with NPDES permit limits January 1, 2024 (b) Pace will submit monthly progress reports detailing the work and activities undertaken and completed on the upgrades to the collection system. The reports are to be submitted via mail or e-mail as follows: • If submitting hard copies by mail, one copy each must be mailed to: o Raleigh Regional Office Supervisor, Division of Water Resources / Water Quality Regional Operations Section, 3800 Barrett Drive, Raleigh, NC 27609 o Water Quality Permitting Section / NPDES, 1617 Mail Service Center Raleigh, NC 27699-1617 • If submitting electronically, a copy must be sent to: o Sydney Carpenter, Central Office (sydnearpenterkncdenr.gov) o Vanessa Manuel, Raleigh Regional Office (vanessa.manueWmcdering_ov) The monthly reports must be received by each respective office no later than the fifteenth (15th) day of each month for the duration of this Order. (c) Beginning upon issuance of this SOC and lasting through December 31, 2023, Pace will comply with all terms and conditions of the permit with the exception of effluent limits for the parameters identified in Paragraph 1(a). See Table 1 below for the interim effluent requirements. On January 1, 2024, Pace must comply with all limits, terms, and conditions of the NPDES permit NC0064246. See Attachment A for all current monitoring requirements and effluent limits in NPDES Permit. Pace may also be required to monitor for other parameters, as deemed necessary by the Director, in future permits or Jones Estates Pace LLC — Pace Mobile Home Park EMC SOC WQ S22-004 Page 3 of 7 administrative letters. Under this SOC, only the parameters listed below have been modified from the most current NPDES Permit NCO064246 in effect for Outfall 001. Table 1. Interim effluent requirements beginning on SOC issuance through December 31, 2023. Parameters Units Interim Re uirements Monthly Avg. Daily Max Frequency BOD m /L 60.0 Weekly TRC a /L Monitoring Only 2/Week TSS m /L Monitoring Only Weekly Ammonia Nitrogen (s m /L Monitoring Only Weekly Ammonia Nitrogen w m /L Monitoring Only Weekly Dissolved Oxygen m /L Monitoring Only Weekly Fecal Coliform* #/100 mL Monitoring Only Weekly s = summer (April 1 — October 31); w = winter (November 1 — March 31) * = geometric mean (d) No later than fifteen (15) calendar days from the due date for any Scheduled Activity in Paragraph 2(a) above, Pace shall submit to the Division of Water Resources' (DWR) Raleigh 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 the Scheduled Activity may be affected. (e) Pace will continue to operate the wastewater treatment plant as best as possible to prevent/minimize any adverse impacts to the surface waters. 3. Pace, desiring to comply with the permit identified in Paragraph l(a) above, hereby agrees to the following settlement of outstanding civil penalties, an upfront penalty, and stipulated penalties: (a) Pace has outstanding civil penalty assessments that total $136,773.29. As settlement of all alleged violations and unsettled enforcement cases of NPDES permit number NC0064246, as detailed in the tables below, prior to entering into this Special Order by Consent, Pace agrees to pay an upfront penalty amount of $27,354.00, with the remaining amount of $109,419.29 to be held in abeyance. Table 2. Unsettled Enforcement Cases Case Number Violation Month Total Penafty Amount LM-2021-0050 September 2020 $4,755.32 LM-2021-0051 October 2020 $5,411.57 MV-2021-0017 November 2020 $4,130.32 LM-2021-0052 December 2020 $4,317.82 LM-2022-0003 January 2021 $10,786.57 Jones Estates Pace LLC — Pace Mobile Home Park EMC SOC WQ S22-004 Page 4 of 7 LM-2022-0006 February 2021 $9,536.57 LM-2022-0009 March 2021 $6,836.57 LM-2022-0012 April 2021 $4,486.57 LM-2022-0014 May 2021 $2,636.57 LM-2022-0015 June 2021 $3,036.57 LM-2022-0016 July 2021 $4,186.57 LM-2022-0020 August 2021 $9,336.57 LM-2022-0022 September 2021 $10,886.57 LV-2022-0107 September 2021 $636.57 LM-2022-0023 October 2021 $11,786.57 LM-2022-0018 November 2021 $7,236.57 LM-2022-0025 December 2021 $5,036.57 LM-2022-0034 January 2022 $4,436.57 LM-2022-0036 February 2022 $6,336.57 LM-2022-0037 March 2022 $4,436.57 LM-2022-0046 April 2022 $6,786.57 LM-2022-0047 May 2022 $9,736.57 Table 3. Alleged Violations NOV Number Violation Month NOV-2022-LM-0045 June 2022 NOV-2022-LM-0057 July 2022 NOV-2022-LM-0066 August 2022 NOV-2022-LR-0084 September 2022 NOV-2023-LM-0003 October 2022 NOV-2023-LM-0004 November 2022 NOV-2023-PC-0080 Compliance Inspection (b) Upon the successful conclusion of the Special Order by Consent, which includes attaining compliance with the effluent limits in NPDES permit NCO064246 by January 1, 2024, the penalty amount held in abeyance ($109,419.29) will be remitted. Should the Special Order by Consent not reach a successful conclusion, the full remaining penalty amount of $109,419.29 will be due immediately by check payable to the North Carolina Department of Environmental Quality and forwarded to the Director. (c) Pace agrees that unless excused under Paragraph 4, Pace 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 monitoring requirements set out in Paragraph 2(c): Violation Description Stipulated Penalty Failure to meet a Scheduled Activity by • $1,000 per day the due dates specified in Paragraph 2 a Failure to monitor for parameters • $100 per omitted value per parameter specified in Paragraph 2(c) to be paid on a monthly basis Failure to Submit Monthly Progress • $1,000 for the first violation; penalty Reports doubles with each subsequent assessment for late reports Jones Estates Pace LLC — Pace Mobile Home Park EMC SOC WQ S22-004 Page 5 of 7 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. 4. For purposes of the stipulated penalties under Paragraph 3(c), Pace may present information to the Division that the failure to complete a Scheduled Activity by the specified due date is the result o£ • An act of God; • An act of war; • An intentional act or omission of a third party (unless the act or omission is that of an employee or agent of Pace or if the act or omission occurs in connection with a contractual relationship with Pace); • An extraordinary event beyond Pace's control. (This does not include contractor delays, supply chain issues, or failure to obtain funding); or • Any combination of the above causes. Based on the information provided by Pace, the Division shall determine whether Pace has made the necessary showing. 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. 15013-23, 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 NC0064246. In the event of an NPDES permit modification or renewal, any effluent limit or monitoring requirements contained therein shall supersede those contained in 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 Pace 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, Pace will not be permitted to accept additional wastewater from any domestic, industrial, or commercial sources without prior approval from DWR. Jones Estates Pace LLC — Pace Mobile Home Park EMC SOC WQ S22-004 Page 6 of 7 9. Failure to meet the scheduled dates identified in Paragraph 2(a) may terminate this Special Order by Consent and require Pace to comply with the terms and conditions contained in the permit identified in Paragraph 1(a). 10. Pace, upon signature of this Special Order by Consent, will be expected to comply with all schedule dates, terms, and conditions of this document. This Special Order by Consent shall expire February 15, 2024. For Jones Estates Pace LLC.- Kellen Buss, Director of Site Infrastructure Jones Estates Pace LLC Date For the North Carolina Environmental Management Commission: &V1 GhGiYO( /oGI2YJ�,7Y Richard E. Rogers, birector Division of Water Resources 6/23/2023 Date Jones Estates Pace LLC — Pace Mobile Home Park EMC SOC WQ S22-004 Page 7 of 7 Attachment A NPDES Permit NCO064246 Effluent Limits and Monitoring Requirements Permit NCO064246 Part I A. (1) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS [15A NCAC 0213.0400 et seq., 0213.0500 et seq.] During the period beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge from outfall 001. Such discharges shall be limited and monitored' by the Permittee as specified below: PARAMETER IeDMRCode] ' EFFLUENT LIMITS 90NITORING REQUIREMENTS Monthly Average Daily Maximum_ Unit of Measure Measurement Frequency Sample Type Sample Locatfonz Flow 50050] 0.015 MGD Continuous Recorder Influentor Effluent Total Monthly Flow [822201 MG/month Monthly Recorder or Calculated Influent or Effluent BOD, 5-Day (20 Deg. C) [C0310 ] 9 13.5 mg1L Weekly Grab Effluent Total Suspended Solids [C0530] 30 45 mglL Weekly Grab Effluent Ammonia Nitrogen (as N) [006101 A ril 1 - October 31 2 10 mg/L Weekly Grab Effluent Ammonia Nitrogen (as N) [00610] November 1- March 31 4 20 mglL Weekly Grab Effluent Fecal Coliform (geometric mean) [316161 200 400 #1100ml Weekly Grab Effluent Total Residuai Chlorine (TRC) 3 [50060] 17 µg1L 2 X week Grab Effluent Temperature [00010] degrees C Weekly Grab Effluent Dissolved Oxygen [003G0] Daily average > 5.0 mg1L mglL Weekly Grab Effluent Total Phosphorus (as P) [CO665] mg/L Monthly Grab Effluent Total Nitrogen4 (as N) [CO600] mg1L Monthly Grab Effluent [QM600] Total Nitrogen Loads [QY600] pounds/month Monthly Calculated Effluent poundslyear Annually Calculated Effluent Total Kjeldahl Nitrogen (as N) [006251 mg1L Monthly Grab Effluent NO2 +NOs (as N) [00630] mg1L Monthly Grab Effluent pH [00400] > 6.0 and <9.0 standard units Weekly Grab Effluent Temperature [000101 degrees C Weekly Grab U & D Dissolved Oxygen [00300] mg1L Weekly Grab U & D Footnotes: 1. The permittee shall submit discharge monitoring reports electronically using the NC eDMR system application system [see A. (5)]. 2. U: at least 100 feet upstream from the outfaU. D: at least 300 feet downstream from the outfali. 3. The facility shall report all effluent TRC values reported by a North Carolina certified laboratory including field certified_ However, effluent values < 50 µg/L will be treated as zero for compliance purposes. 4. For a given wastewater sample, TN = TKN + NO3-N + NO2-N, where TN is Total Nitrogen, TKN is Total Kjeldahl Nitrogen, and NO3-N and NO2-N are Nitrate and Nitrite Nitrogen, respectively. 5. TN Load is the mass quantity of Total Nitrogen discharged [see A. (2)]. There shall be no discharge of floating solids or visible foam in other than trace amounts. Page 3 of 8