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Home My WebLink AboutNC0028827_Draft Fact Sheet_20230725FACT SHEET EXPEDITED - PERMIT RENEWAL NCO028827 — Class 2 Basic Information for Expedited Permit Renewals Permit Writer/Date Andrew Friedman -Herrin / NPDES / July 2512023 Permit Number - Class NCO028827 — Class 2 Flow 0.020 MGD Owner Snu Harbor Management, LLC Facility Name Snug Harbor on Nelson Bay Type of Waste 100 % domestic Basin Name/Sub-basin number White Oak River Basin / 03-05-04 Receiving Stream Salters Creek [segment 21-35-7-10-2 Stream Classification in Permit SC Does permit need Daily Max NH3 limits? No Does permit need TRC limits/language? Has limit — added footnote Does permit have toxicity testing? Yes, and have had failures. Does permit have Special Conditions? No Does permit have instream monitoring? No Is the stream impaired on 303(d) list)? No Any obvious compliance concerns? Inspection in 2/2019 revealed extensive disrepair. Some repairs and upgrades implemented by 7/2019 as noted in the Violation Settlement, but specifics of what was upgraded is not documented. Facility has been closed since 12/2019. Unclear if more repairs needed to reopen the plant/fully address the previously needed repairs. Upgrades will likely need to be made to address new copper limits over a 5 year compliance schedule. Any permit MODS since lastpen-nit? Facility is currently not operating. Requests for Renewal Received Jan 27, 2022 New expiration date July 31, 2028 Changes to Current Permit? Copper Effluent Limits were added after an RPA determined a reasonable potential for harm due to the levels of Copper being discharged. Data Review — Reviewed BIMS data from 2015 through present. Violations for several parameters, especially in 2019. They have been monitoring for copper and WET since 2007. I used the copper data from 2015-2019 to perform an RPA and determined that copper should have an effluent limit and added a 5 year compliance schedule. Permit Enforcement History by Permit Permit: NC0028827 Region: Wilmington Penalty Assessment Penalty Case Approved Amount Facility: Snug Harbor on Nelson Bay WWTP County: Carteret Remission Enforcement EMC Enforcement Request Conference Hearing Costs Damages Received Held Held Owner: Collection Memo Sent To AGO Snug Harbor Management LLC Total Paid Balance Due Has Payment Plan Case Closed LR-1990-0276 05/21/90 $150.00 $0.00 $0.00 $150.00 $0.00 No 06/25/90 LR-1990-0395 11/21/90 $300.00 $0.00 $0.00 01/18/91 02/06/91 $300.00 $0.00 No 03/01/91 LR-1990-0408 12/26/90 $600.00 $0.00 $0.00 $600.00 $0.00 No 03/01/91 LR-1991-0013 01/22/91 $1,200.00 $0.00 $0.00 02/20/91 04/03/91 $1,200.00 $0.00 No 06/11/91 LV-2002-0335 08/21/02 $250.00 $40.55 $290.55 $0.00 No 09/09/02 LV-2003-0071 02/07/03 $250.00 $40.55 02/27/03 04/02/03 $290.55 $0.00 No 05/20/03 LV-2004-0167 06/09/04 $100.00 $54.83 $154.82 $0.00 No 07/02/04 LV-2008-0387 10/20/08 $200.00 $40.43 11/10/08 01/26/09 $240.43 $0.00 No 12/17/09 LV-2009-0124 04/17/09 $900.00 $43.05 $0.00 05/05/09 08/06/09 $543.05 $0.00 No 08/21/09 LV-2009-0160 05/15/09 $900.00 $43.05 $0.00 05/28/09 08/06/09 $493.05 $0.00 No 08/21/09 MV-2016-0016 12/09/16 $115.00 $117.25 $0.00 $232.25 $0.00 No 01/18/17 LV-2017-0201 07/07/17 $450.00 $117.25 $0.00 $251.23 $0.00 No 10/09/19 MV-2018-0012 06/19/18 $375.00 $137.75 $0.00 $249.58 $0.00 No 10/09/19 MV-2018-0017 10/26/18 $760.00 $137.75 $0.00 $364.39 $0.00 No 10/09/19 MV-2018-0018 10/26/18 $920.00 $137.75 $0.00 $412.10 $0.00 No 10/09/19 LM-2019-0007 01/08/19 $785.00 $137.75 $0.00 02/18/19 $371.84 $0.00 No 10/09/19 MV-2019-0003 01/08/19 $1,280.00 $137.75 $0.00 02/18/19 $519.46 $0.00 No 10/09/19 MV-2019-0004 01/08/19 $1,520.00 $137.75 $0.00 02/18/19 $591.03 $0.00 No 10/09/19 MV-2019-0005 01/08/19 $955.00 $137.75 $0.00 02/18/19 $422.54 $0.00 No 10/09/19 Case Penalty Assessment Approved Penalty Amount Enforcement Costs Remission Enforcement Request Conference Damages Received Held EMC Collection Hearing Memo Sent Held To AGO Total Paid Balance Due Has Payment Plan Case Closed MV-2019-0006 01/08/19 $1,080.00 $137.75 $0.00 02/18/19 $500.89 $0.00 No 10/09/19 MV-2019-0007 01/08/19 $760.00 $137.75 $0.00 02/18/19 $364.39 $0.00 No 10/23/19 LR-2019-0001 01/22/19 $500.00 $100.00 $249.10 $0.00 No 10/09/19 LR-2019-0002 01/22/19 $500.00 $100.00 02/21/19 $249.10 $0.00 No 10/09/19 LR-2019-0003 01/22/19 $500.00 $100.00 02/19/19 $249.10 $0.00 No 10/09/19 Total Cases: Total Penalties: 24 $15,350.00 $2,036.71 $17,386.71 Total Penalties after $9,289.45 $0.00 $9,289.45 DocuSign Envelope ID: EC174CAB-3AD6-48A4-AB46-9619322F72F6 United States Environmental Protection Agency Form Approved. EPA Washington, D.C. 20460 OMB No. 2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding (i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 IN I 2 15 I 3 I NCO028827 111 12 I 19/02/27 I17 18 L R J 19 L G j 201 21111I I I I I I I II I I I I I I I I I I I I I I I I I I I I I I I II I I I I I r6 Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 QA ---------------------- Reserved ------------------- 671 I n I 72 n, 73 I —LI J74 751 I I I I I I I80 70 ), 71 J LJ I Section B: FacilityData�J Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include Entry Time/Date Permit Effective Date POTW name and NPDES oermit Number) 12:15PM 19/02/27 17/08/01 Snug Harbor on Nelson Bay WWTP 272 US Hwy 70 Exit Time/Date Permit Expiration Date Sealevel NC 28577 04:30PM 19/02/27 22/07/31 Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data F Patrick AusbandH252-225-4411 /2522251670 John EstepH252-225-4411 ext 223/ Mary Althouse//252-225-4411 / Patricia DavisH252-723-7528 / Patricia Taylor Davis/ORC/252-466-6787/ Name, Address of Responsible Official/Title/Phone and Fax Number Contacted John Estep,PO Box 150 Sealevel NC 285770150/Engineering Director/252-225-4411/ Yes Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit 0 Flow Measurement Operations & Maintenance 0 Self -Monitoring Program Sludge Handling Disposal 0 Facility Site Review Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date Dean Hunkele Docu� WIRO WQ//910-796-7215/ E3/18/2019 E1 D9294C4D3746E... Page# DocuSign Envelope ID: EC174CAB-3AD6-48A4-AB46-9619322F72F6 Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Doc'u"siigned by: Date rMorella Sanchez -King WIROWQ//910-796-7218/ 1b f ��3/ 019 EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page# DocuSign Envelope ID: EC174CAB-3AD6-48A4-AB46-9619322F72F6 Permit: NCO028827 Inspection Date: 02/27/2019 NPDES yr/mo/day 31 NCO028827 1" 121 19/02/27 1 17 Owner - Facility: Snug Harbor on Nelson Bay WWTP Inspection Type: Reconnaissance Inspection Type 18 1 RI (Cont.) Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) The visit was to determine the facility's current status and if the items/conditions noted in 2-2017 had been addressed as no correspondence & evidence to that effect had been submitted to DWR's regional office. It was also to meet with new & current staff while discussing the effluent data reporting issues that occurred for most of 2018. A long discussion and Q&A session began the visit as all of the facility staff are new within the past few months to a year. The management and ownership (represented by Pat Ausband) need to do a better job in overseeing the operational staff and ensuring funds are available for repairs and bills are paid in a timely manner. Review of preliminarily revised reports & data showed the facility had monitored some items and simply failed to report them or did so incorrectly. The last few months of 2018, it was a matter of failing to pay the lab for their service and thus they withheld the data. The off -site pump station (referred to as influent PS in this report) is considered part of a deemed permitted or approved collection system per 15A NCAC 2T .0403, but certain things must be done in accordance with the regulation. With staff being on -site daily, then complete & documented weekly testing versus daily is okay since no telemetry is installed; telemetry monitoring of the station and plant EQ is recommended. There are some electrical issues noted from 2017 that still need to be addressed and the excessive solids were observed again (not sure if ever cleaned). Installation of pump run clocks is recommended with at least weekly logging of the times to determine if a float has gone bad, the alternating circuit has failed, or if a pump is showing signs of an issue. Facility needs better accounting of flow and the volume of sources to the treatment plant along with tracking rainfall and its affect on total flow. Our Public Water Supply Section staff indicated lack of a meter or accurate readings for the water system recently. This is also important in order to determine if half the treatment system can be taken off-line or not and if not then what size rental tankage would be needed to control flow while each side is taken down independently for cleaning and repair. The permit continues to list a Flow Equalization Basin as installed/active equipment, but it has not been used as such going back to at least 3-2011 when it was noted during an inspection. Given that the facility can receive normal domestic flow, laundry flow, cafeteria flow, and water system backwash, then reinitializing the use of the EQ Basin is highly recommended to make the influent more homogeneous and allow the flow to be sent through the plant at a consistent flow rate and split evenly between the treatment trains if necessary to operate both. However, to do so will require the flow splitter box to be repaired or replaced and the EQ Basin plumbed from the old sludge holding tank back into it. Observation of redworms in the filters means they are at least in the clarifiers meaning the sludge is very old and not being properly wasted. The old sludge holding tank could be the source if not well mixed and volume not replaced regularily. Please provide a MLSS report for each aeration basin and the sludge holding tank and send us records regarding the last two sludge hauling events. The exterior railings and tank walkway grating has been replaced making it much safer to get around the plant without fear of safety; these were first noted as needing to be addressed in 3-2009. Additional work is needed on internal railings& access stairs plus most metal electrical panels need to be replaced along with areas of conduit around the plant which were noted in 2017. These are safety issues for both inspectors and staff and can lead to a complaint by our staff to the NC Dept of Labor which would inspect your entire complex. Page# DocuSign Envelope ID: EC174CAB-3AD6-48A4-AB46-9619322F72F6 Permit: NCO028827 Owner - Facility: Snug Harbor on Nelson Bay WWTP Inspection Date: 02/27/2019 Inspection Type: Reconnaissance Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new ❑ ❑ 0 ❑ application? Is the facility as described in the permit? ❑ 0 ❑ ❑ # Are there any special conditions for the permit? ❑ ❑ 0 ❑ Is access to the plant site restricted to the general public? 0 ❑ ❑ ❑ Is the inspector granted access to all areas for inspection? 0 ❑ ❑ ❑ Comment: No EQ Basin in use and hasn't been since before 3-2011. The facilitv did indicate it was part of their operational system in their 2017 renewal application which was apparently inaccurate. Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ❑ 0 ❑ ❑ Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable ❑ 0 ❑ ❑ Solids, pH, DO, Sludge Judge, and other that are applicable? Comment: Exterior safety railings have been replaced, but stairs accessing plant and filters have vet to be replaced. A viewing and access platform has been built for the filters. New fiberglass/resin grating has been installed over tankage where needed. None of the electrical panels/boxes have been repaired or replaced, but most if not all need complete replacement as well as replacement of damaged conduit & fittings around the plant. Pump Station - Influent Is the pump wet well free of bypass lines or structures? Is the wet well free of excessive grease? Are all pumps present? Are all pumps operable? Are float controls operable? Is SCADA telemetry available and operational? Is audible and visual alarm available and operational? Yes No NA NE ■ ❑ ❑ ❑ ❑ ■ ❑ ❑ ■ ❑ ❑ ❑ ❑ ❑ ❑ ■ ❑ ❑ ❑ ■ ❑ ❑ ■ ❑ ❑ ❑ ❑ ■ Comment: This is the off -site DumD station. Need to determine what tvDe of Dumps are installed to determine if the bar screen or basket is necessary in the wetwell as not required for grinders with functional cutting blades. The wetwell was full of excessive solids/grease/rags that could interfere with float/pump operation. In addition, the solids were so bad that excessive "dung" flies were present in the station which is not acceptable from a vector control aspect. The control panel is old with the conduit housing the lines from the wetwell into the panel not sealed per current code which is an explosion hazard and the conduit entering the side of the panel is not connected allowing moisture inside. The solids and electrical issues were noted during the 2-23-2017 inspection which the facility indicated in writing would be corrected. It is recommended that pump run times and/or advanced telemetry like a Mission system be installed. Page# 4 DocuSign Envelope ID: EC174CAB-3AD6-48A4-AB46-9619322F72F6 Permit: NCO028827 Owner - Facility: Inspection Date: 02/27/2019 Inspection Type: Snug Harbor on Nelson Bay WWTP Reconnaissance Equalization Basins Yes No NA NE Is the basin aerated? 0 ❑ ❑ ❑ Is the basin free of bypass lines or structures to the natural environment? 0 ❑ ❑ ❑ Is the basin free of excessive grease? ❑ ❑ ❑ Are all pumps present? ❑ ❑ ❑ Are all pumps operable? ❑ ❑ ❑ Are float controls operable? ❑ ❑ ❑ Are audible and visual alarms operable? ❑ ❑ ❑ # Is basin size/volume adequate? ❑ ❑ ❑ Comment: The EQ basin is no longer functionina as one and is operatina operatina strictly as an influent pump station as was noted during the 3-2011 inspection vet the last permit issuance indicates its existence & use as EQ. The force main trottled back by a valve (which will shorten the pumps life) was replumbed from the concrete splittler box due to its structural failure to the original sludge holding tank whereby it flows by gravity into at least one treatment train in some manner. Given the nature of varying wastestreams and their duration from the complex having an EQ basin is highly recommended, thus the flow splitter box should be repaired or replaced with a return to EQ in place and flow routed back to it. During the 3-2011 it was noted that the MLSS was not even between the aeration basins. Aeration Basins Yes No NA NE Mode of operation Ext. Air Type of aeration system Diffused Is the basin free of dead spots? ❑ ❑ ❑ Are surface aerators and mixers operational? ❑ ❑ 0 ❑ Are the diffusers operational? 0 ❑ ❑ ❑ Is the foam the proper color for the treatment process? ❑ ❑ 0 ❑ Does the foam cover less than 25% of the basin's surface? 0 ❑ ❑ ❑ Is the DO level acceptable? ❑ ❑ ❑ Is the DO level acceptable?(1.0 to 3.0 mg/1) ❑ ❑ ❑ Comment: The only blower present was shut down to facilitate communication. Prior to that it appeared that mixing was adequate, but activated sludge looked on the dark side; no MLSS records were available nor was a decent settleometer vessel; use of a portable TSS meter to measure MLSS on -site or periodic MLSS samples to the lab is recommended. A replacement blower for the one missing has been supposedly ordered. If the remaining blower fails, then the plant's biology will die. Secondary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? 0 ❑ ❑ ❑ Is the site free of excessive buildup of solids in center well of circular clarifier? ❑ ❑ 0 ❑ Page# 5 DocuSign Envelope ID: EC174CAB-3AD6-48A4-AB46-9619322F72F6 Permit: NCO028827 Owner - Facility: Inspection Date: 02/27/2019 Inspection Type: Snug Harbor on Nelson Bay WWTP Reconnaissance Secondary Clarifier Yes No NA NE Are weirs level? 0 ❑ ❑ ❑ Is the site free of weir blockage? 0 ❑ ❑ ❑ Is the site free of evidence of short-circuiting? 0 ❑ ❑ ❑ Is scum removal adequate? ❑ ❑ ❑ Is the site free of excessive floating sludge? 0 ❑ ❑ ❑ Is the drive unit operational? ❑ ❑ 0 ❑ Is the return rate acceptable (low turbulence)? ❑ ❑ ❑ Is the overflow clear of excessive solids/pin floc? 0 ❑ ❑ ❑ Is the sludge blanket level acceptable? (Approximately'/ of the sidewall depth) ❑ ❑ ❑ Comment: Observed through the grating Aerobic Digester Yes No NA NE Is the capacity adequate? 0 ❑ ❑ ❑ Is the mixing adequate? ❑ ❑ ❑ Is the site free of excessive foaming in the tank? 0 ❑ ❑ ❑ # Is the odor acceptable? 0 ❑ ❑ ❑ # Is tankage available for properly waste sludge? 0 ❑ ❑ ❑ Comment: Filtration (High Rate Tertiary) Yes No NA NE Type of operation: Down flow Is the filter media present? 0 ❑ ❑ ❑ Is the filter surface free of clogging? 0 ❑ ❑ ❑ Is the filter free of growth? 0 ❑ ❑ ❑ Is the air scour operational? ❑ ❑ ❑ Is the scouring acceptable? ❑ ❑ ❑ Is the clear well free of excessive solids and filter media? ❑ ❑ ❑ Page# 6 DocuSign Envelope ID: EC174CAB-3AD6-48A4-AB46-9619322F72F6 Permit: NC0028827 Inspection Date: 02/27/2019 Filtration (High Rate Tertiary) Owner - Facility: Snug Harbor on Nelson Bay WWTP Inspection Type: Reconnaissance Yes No NA NE Comment: Filters are dosed by pumps. Red worms observed on media surface which indicates a ver old sludge; no idea when sludge last hauled. The inspection 2 ergo mentioned media was being lost to the mudwell. It is very likely the filters have been augmented from the original design based on appearance of the dosing frame & overflow trough. The media level appeared to be way too high in relation to the overflow trough for scoured solids (less than a foot) and apparent depth of the filters, thus no doubt getting media carry-over. Given this facility's limits especially for TSS, the need for filters shouldn't exist if flows are accurate & if facility is operated properly. Filters do provide a safety factor for effluent quality, thus if to remain in use then they should be returned to orginal design specifications or augmented to function better. Disinfection -Liquid Yes No NA NE Is there adequate reserve supply of disinfectant? ❑ ❑ ❑ (Sodium Hypochlorite) Is pump feed system operational? ❑ ❑ ❑ Is bulk storage tank containment area adequate? (free of leaks/open drains) 0 ❑ ❑ ❑ Is the level of chlorine residual acceptable? ❑ ❑ ❑ Is the contact chamber free of growth, or sludge buildup? 0 ❑ ❑ ❑ Is there chlorine residual prior to de -chlorination? ❑ ❑ ❑ Comment: There was discussion about reDlacina the liauid with tablets to match the dechlorination method. Based on this facility's plug flow from an off -site pump station and especially with the EQ basin functioning as a pump station too, then tablet chlorination would be a better fit in function & likely cost. Effluent very clear but tank very dark; perhaps cleaning and painting_ would allow observation inside the unbaffled tank. Tank should not be aerated to mix as it drives off chlorine, should be mixed with submerged pump or motorized mixer. De -chlorination Yes No NA NE Type of system ? Tablet Is the feed ratio proportional to chlorine amount (1 to 1)? ❑ ❑ 0 ❑ Is storage appropriate for cylinders? ❑ ❑ 0 ❑ # Is de -chlorination substance stored away from chlorine containers? 0 ❑ ❑ ❑ Comment: Are the tablets the proper size and type? ❑ ❑ ❑ Are tablet de -chlorinators operational? ❑ ❑ ❑ Number of tubes in use? Comment: Flow Measurement - Effluent Yes No NA NE # Is flow meter used for reporting? 0 ❑ ❑ ❑ Page# 7 DocuSign Envelope ID: EC174CAB-3AD6-48A4-AB46-9619322F72F6 Permit: NCO028827 Owner - Facility: Inspection Date: 02/27/2019 Inspection Type: Snug Harbor on Nelson Bay WWTP Reconnaissance Flow Measurement - Effluent Yes No NA NE Is flow meter calibrated annually? ❑ 0 ❑ ❑ Is the flow meter operational? ❑ ❑ ❑ (If units are separated) Does the chart recorder match the flow meter? ❑ ❑ ❑ Comment: Last known calibration was in 11-2016. Apparently the vender was not paid for his last service thus hasn't come since. The facility should not be generating the volume it has reported at times based on the number of patients and new CIRC that operates a similar facility nearby agreed. Not keeping meters calibrated and lack of a meter on the water system backwash makes it hard to know the volume and source plus rainfall isn't tracked to check for its impact thru the sewer system. Based on this facility's approved flow limit over 1 OK, then a flow meter with charting should be required vet permit doesn't indicate continuous flow measurement. Since one is available then it should be used and a datalogger to store the data for charting at any time interval. There was a discussion about relocating meter to effluent pump station, but would require the hole in the low baffle wall to be plugged and this is where samples should be collected anyway. Pump Station - Effluent Yes No NA NE Is the pump wet well free of bypass lines or structures? 0 ❑ ❑ ❑ Are all pumps present? 0 ❑ ❑ ❑ Are all pumps operable? ❑ ❑ ❑ 0 Are float controls operable? ❑ ❑ ❑ M Is SCADA telemetry available and operational? ❑ ❑ 0 ❑ Is audible and visual alarm available and operational? ❑ ❑ ❑ Comment: The station has two submersible pumps whose housings were observed to be completely out of the water, thus will shorten the life of the pumps and can lead to overheating & tripping_ of breakers or pump failure. Floats should be adjusted accordingly to keep pumps properly submerged. Page# 8 N0RTH CAROLINA Environmentai' Quality July 30, 2019 ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER Director CERTIFIED MAIL 7018 1830 0001 8037 0076 - RETURN RECEIPT REQUESTED Mr. Tom Gatewood, Management President Snug Harbor Management LLC PO Box 150 Sealevel, NC 28577-0150 Subject: Settlement Agreement for NPDES Permit NCO028827 Dear Mr. Gatewood, Please find attached a copy of the signed Settlement Agreement for NPDES Permit NCO028827 for the following enforcement cases: LR-2019-0003, LR-2019-0002, LR-2019-0001, MV-2019- 0003, MV-2019-0004, MV-2019-0005, LM-2019-0007, MV-2019-0006, MV-2019-0007, MV- 2018-0018, MV-2018-0017, MV-2018-0012, LV-2017-0201. If you have any questions, please contact Dean Hunkele at 910-796-7380 or via email [dean.hunkele@ncdenr. gov] . Since ly, Linda Culpepper Director Division of Water Resources cc: NPDES files WilmingtonRegional Office D_EQ�� North Carolina Department of Environmental Quality I Division of Water Resources 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 919-707-9100 NPDES Permit NCO028827 Settlement Agreement NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION COUNTY OF CARTERET IN THE MATTER OF NORTH CAROLINA ) SETTLEMENT AGREEMENT NPDES PERMIT NCO028827 HELD BY SNUG HARBOR MANAGEMENT LLC) Pursuant to provisions of North Carolina General Statute § 143-215.3(a)(6), this Settlement Agreement is entered into by Snug Harbor Management LLC and the North Carolina Environmental Management Commission, an agency of the State of North Carolina created by N.C. General Statute § 143B-282, and hereinafter referred to as the Commission: 1. Snug Harbor Management LLC and the Commission hereby agree to the following findings: (a.) Snug Harbor Management LLC holds North Carolina NPDES permit NCO028827 for operation of the Snug Harbor on Nelson Bay wastewater treatment plant (WWTP) and for making an outlet therefrom for the discharge of treated wastewater to Salters Creek, currently Class SC waters of this State in the White Oak River Basin. (b.) Effluent limits included as terms of NPDES permit NCO028227 have been established as those concentrations of pollutants that may be discharged into the receiving stream without causing applicable water quality standards to be contravened. (c.) Snug Harbor Management LLC has been noncompliant with the effluent limits and reporting requirements contained in NPDES permit NCO028227 in the manner and to the extent described in paragraph (d.) and Attachment A to this Agreement. Reported violations of effluent limits and monitoring requirements have persisted from July 2017 through January 2019. (d.) Snug Harbor Management LLC has been assessed penalties totaling $12,179.75 for effluent limit and reporting violations that occurred from July 2017 through January 2019. Of that total, nothing has yet been remitted (reduced/removed), leaving an outstanding assessed civil penalties balance of $12,179.75, as summarized in the table below. Page 1 of 3 NPDES Permit NCO028827 Settlement Agreement DATE CASE NUMBER CIVIL ENFORCEMENT TOTAL PENALTY COST AMOUNT AMOUNT E 1/22/2019 LR-2019-0003 $500.00 $100.00 $600.00 1/22/2019 LR-2019-0002 $500.00 $100.00 ,} $600.00 1/22/2019 LR-2019-0001 $500.00 $100.00 _ - $600.00 _ 1/8/2019 _ MV-2019-0003 _ $1,280.00 _ _ $137.75 - $1,417.75 1_ MV-2019-0004� v__$1,520.00 - -_-. $137.75 `$1,657.75 ---1/8/2019 1/8/2019 MV-2019-0005 $955.00 $137.75 - $1,092.75 -1/8/2019 LM-2019-0007 --- --- $785.00 ___ _'_$137.75 - $922.75 1/8/2019 MV-2019-0006 $1,217.75 $137.75 $1,355.50 1/8/2019 MV-2019-0007 -_--^ $760.00 $137.75 10/26/2018 MV-2018-0018 �. _.�__�_.-.-__ MV-2018-0017 $920.00 __.__�-_-- $760.00 $137.75 _ -- - $137.75 $1,057.75 10/26/2018 6/19/2018 MV-2018-0012 $375.00 �$137.75 $512.75 /7rv2017 7p�_ LV-2017-02010 $450.00 $117.25 T Total Penalties $567.25 $12,179.75 (e.) Following an on -site inspection by regional staff from the Wilmington Regional Office in February 2019 and actions taken by the facility prior to and continuing afterwards in addition to a review of revised monthly monitoring reports submitted by the facility, the Division's regional office is recommending a significant reduction in the civil penalty balance while retaining all enforcement costs. 2. In order to facilitate resolution of the matters of outstanding civil penalties and unassessed violations documented in paragraph 1. (d.) above, the Commission and Snug Harbor Management LLC agree to settle the above described penalties and violations for the total amount of $4,794.75. Payment shall be made by check made payable to the North Carolina Department of Environmental Quality within 15 days of the execution of this Agreement, and sent to the following address: Attn: John Hennessy, Supervisor Compliance & Expedited Permitting Branch NC Division of Water Resources 1617 Mail Service Center Raleigh, NC 27699-1617 Full payment of the settlement amount shall constitute complete satisfaction of all outstanding civil penalties assessed prior to the execution of this Agreement and resolve all unaddressed violations occurring prior to the execution of this Agreement. 3. Nothing in this Agreement relieves Snug Harbor Management LLC of its duty to abide by the terms of NPDES permit NC0028827. Noncompliance with the terms of the NPDES may subject Snug Harbor Management LLC to the assessment of additional civil penalties during the time this Agreement is in effect. Page 2 of 3 NPDES Permit NCO028827 Settlement Agreement 4. Requests, actions and or reports required by the terms of paragraph 2 above shall be deemed overdue if they are not made, completed or submitted by the dates specified. The burden for providing sufficient documentation of the satisfaction of the terms of this Agreement is held entirely by Snug Harbor Management LLC. 5. Because this is an Agreement between the Commission and Snug Harbor Management LLC, neither party will file a petition for a contested case or for judicial review concerning its terms. For the Snug Harbor Management LLC: Date Tom Gatewood Management President For the North Carolina Environmental Management Commission: Linda Culpepper Director North Carolina Division of Water Resources for the Chair of the Commission Date Page 3 of 3 Context From 2007 Permit Issuance violations resulted in three (3) enforcement penalties and three (3) notices of violation. Please see the attached NPDES Permit Violation Summary for details. 9) Treatment plant classification: Type: Biological Activated Sludge Class: Il B1MS has the appropriate classification designated, therefore no rating sheet is provided. SIC Code(s): 4952 PART IV - OTHER PERTINENT INFORMATION 1. Is this facility being constructed with Construction Grant Funds or are any public monies (municipals only) involved? N/A 2. Special monitoring or limitations (includingtoxici ) requests: N/A 3. Important SOC. JOC or Compliance Schedule dates: N/A 4. Alternative Analysis Evaluation: N/A 5. Other Special Items: N/A PART V - EVALUATION AND RECOMMENDATIONS It is strongly recommended that a special condition be placed in the permit requiring the facility to hire a North Carolina licensed professional engineer to conduct a structural integrity evaluation as well as a diagnostic investigation to ensure that all components of the facility area in good working condition considering the age of the system and the compliance history. The facility has some significant leaks in the basin side walls between the tertiary filter and mudwell. This facility has had problems with high copper in the sludge. It has posed a problem with Lewis Farm's ability to land apply the sludge. Lewis Farms has continued to haul their sludge (although they no longer have Snug Harbor on their permit) but has relied upon mixing the sludge with another facility's sludge in order to dilute the copper concentration. The Surface Water Protection Section has notified the Aquifer Protection Section regarding this situation (see attached letter dated March 1, 2007). The facility investigated every possible source of copper including medicines, copper plumbing and cleaning agents. Influent sampling for copper was conducted in an attempt to identify the source. Influent results proved negative for copper. It is theorized that the concrete used for casting the aeration, clarifier and sludge holding basins may contain copper and zinc. The slow deterioration of the tank walls may be releasing copper and zinc into the treatment system. Since copper concentrations are high in the sludge, it may be possible that copper concentrations above the water quality standard action levels may be present in the effluent, potentially posing toxicity issues for aquatic life. It may be prudent to include monitoring for either copper or include whole effluent toxicity monitoring. The draft permit has been received by the Wilmington Regional Office. The draft included total residual chlorine limitations and Enterococci Bacteria monitoring with limits. Facility Name WWTP/WTP Class NPDES Permit Outfall Flow, Qw (MGD) Receiving Stream Stream Class 7Q10s (cfs) 7Q10w (cfs) 30Q2 (cfs) QA (cfs) 1Q10s (cfs) Data Source(s) Saltwater RPA 95% Probablity/95% Confidence MAXIMUM DATA POINTS = 58 REQUIRED DATA ENTRY Table 1. Project Information Table 2. Parameters of Concern ❑ CHECK IF HQW OR ORW WQS Snug Harbor on Nelson Bay Class II NCO028827 001 0.020 Salters Creek Sc Tidal, IWC = 100% Tidal, IWC = 100% Tidal, IWC = 100% Tidal, IWC = 100% Tidal, IWC = 100% Saltwater streams are tidal resulting in all IWC % = 100%. ■ If an approved model is conducted then a chronic dilution factor is determined and can be applied to a discharge to calculate its IWC % . If a stream is classified as a SA or ORW then its is also classified as a HQW. The appropriate IWC % must be defined to properly calculate WQS-based I limits. Par01 Par02 Par03 Par04 Par05 Par06 Par07 Par08 Par09 Par10 Par11 Par12 Par13 Par14 Par15 Par16 Par17 Par18 Par19 Par20 Par21 Par22 Name WQs Type Chronic Modifier Acute PQL Units Arsenic Aquatic Life C 36 SW 69 ug/L Arsenic Human Health C 10 HH ug/L Cadmium Aquatic Life NC 8.9 SW 40.2 ug/L Total Phenolic Compounds Aquatic Life NC 300 A 10 ug/L Chromium VI Aquatic Life NC 50.4 SW 1107.8 ug/L Chromium, Total Aquatic Life NC N/A SW N/A ug/L Copper Aquatic Life NC 3.7 SW 5.8 ug/L Cyanide Aquatic Life NC 1 SW 1 10 ug/L Lead Aquatic Life NC 8.5 SW 220.8 ug/L Mercury Aquatic Life NC 25 SW 0.5 ng/L Molybdenum Human Health NC 2.0 HH mg/L Nickel Aquatic Life NC 8.3 SW 74.7 ug/L Selenium Aquatic Life NC 71 SW ug/L Silver Aquatic Life NC 0.1 SW 2.2 ug/L Zinc Aquatic Life NC 85.6 SW 95.1 ug/L NOTE: The aquatic life chronic and acute WQS for several metals are calculated based on EPA convers see "Diss. SW stds. As TM" for more details and summary of calculated WQS.. 9595 Final Saltwater RPA 2017,input 6/26/2023 REASONABLE POTENTIAL ANALYSIS - DATA 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 Chromium, Total Values" then "COPY" . Maximum data points = 58 Date Data BDL=1/2DL Results Sid Dev. NO DATA Mean NO DATA C.V. NO DATA n 0 Mult Factor = N/A Max. Value N/A ug/L Max. Pred Cw N/A ug/L Date 1 1/8/2015 2 4/7/2015 3 7/9/2015 4 10/15/2015 5 1/7/2016 6 1/17/2017 7 4/4/2017 8 7/25/2017 9 10/3/2017 10 1/9/2018 11 1/3/2019 12 4/1/2019 13 10/1/2019 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 Copper Data BDL=1/2DL Results 687 687 Sid Dev. 1 1 Mean 53 53 C.V. 111 111 n 225 225 237 237 Mult Factor = 164 164 Max. Value 210 210 Max. Pred Cw 194 194 268 268 112 112 63 63 114 114 Values" then "COPY" . Maximum data points = 58 169.8688 187.6154 0.9054 13 1.8900 687.00 ug/L 1298.43 ug/L 9595 Final Saltwater RPA 2017,data Date} Snug Harbor on Nelson Bay Outfall 001 NCO028827 Saltwater RPA 95% Probablity/95% Confidence Qw = 0.02 MGD MAXIMUM DATA POINTS = 58 Qw (MGD) = 0.02 WWTP/WTP Class: Class II 1Q10S (cfs) = Tidal, IWC = 100% IWC% @ 1Q10S = 100 7Q10S (cfs) = Tidal, IWC = 100% TWC% @ 7Q10S = 100 7Q10W (cfs) = Tidal, IWC = 100% IWC% @ 7Q10W = 100 30Q2 (cfs) = Tidal, IWC = 100% TWC% @ 30Q2 = 100 Avg. Stream Flow, QA (cfs) = Tidal, IWC = 100% IWC% @ QA = 100 Receiving Stream: Salters Creek Stream Class: SC PARAMETER NC STANDARDS OR EPA CRITERIA N REASONABLE POTENTIAL RESULTS TYPE a z RECOMMENDED ACTION Applied Chronic Acute n # Det. Max Pred Cw Allowable Cw Standard Acute (SW): 69.0 Arsenic C 36 SW(7Q10s) 69 ug/L 0 0 N/A Chronic (SW): 36.0 Arsenic C 10 HH(Qavg) ug/L Chronic (HH): 10.0 Acute: 40.20 Cadmium NC 8.9 SW(7Q10s) 40.2 ug/L 0 0 N/A Chronic:----- 8.90 -- --------------------------- Acute: NO WQS Total Phenolic Compounds NC 300 A(30Q2) 10.0 ug/L 0 0 N/A -----300.0-- --------------------------- Chronic: Acute: 1,107.8 Chromium VI NC 50.4 SW(7Q10s) 1107.8 ug/L 0 0 N/A Chronic:----- 50.4 -- --------------------------- Chromium, Total NC ug/L 0 0 N/A Acute: 5.80 Copper NC 3.7 SW(7Q10s) 5.8 ug/L 13 13 1,298.43 Chronic: 3.70 RPA for non -AL - apply Monthly Monitoring 12 values > Allowable Cw with Limit Acute: 1.0 Cyanide NC 1 SW(7Q10s) 1 10.0 ug/L 0 0 N/A -- --------------------------- Chronic:----- 1-0 Acute: 220.80 Lead NC 8.5 SW(7Q10s) 220.8 ug/L 0 0 N/A Chronic:----- 8.50 -- --------------------------- Acute: NO WQS Mercury NC 25 SW(7Q10s) 0.5 ng/L 0 0 N/A -- --------------------------- Chronic:-----25.0 Acute: NO WQS Molybdenum NC 2 HH(7Q10s) mg/L 0 0 N/A 9595 Final Saltwater RPA 2017,rpa Page 1 of 2 6/26/2023 Snug Harbor on Nelson Bay Outfall 001 NCO028827 Saltwater RPA 95% Probablity/95% Confidence Qw = 0.02 MGD Chronic: 2.0 --------------------------- Acute: 74.70 Nickel NC 8.3 SW(7Q10s) 74.7 ugiL 0 0 N;'A Chronic: 8.30 Acute: NO WQS Selenium NC 71 SW(7Q10s) ug/L 0 0 N/A Chronic: 71.0 Acute: 2.20 Silver NC 0.1 SW(7Q10s) 2.2 ug/L 0 0 N,'A Chronic: 0.10 Acute: 95.1 Zinc NC 85.6 SW(7Q10s) 95.1 ug/L 0 0 N/A Chronic:----- 85.6 -- --------------------------- Acute: 0 0 N/A Chronic:---------- --------------------------- Acute: 0 0 N/A Chronic:---------- --------------------------- Acute: 0 0 N/A Chronic:---------- --------------------------- Acute: 0 0 N/A Chronic:---------- --------------------------- Acute: 0 0 N/A Chronic:---------- --------------------------- Acute: 0 0 N/A Chronic:---------- --------------------------- Acute: 0 0 N/A Chronic:---------- --------------------------- 9595 Final Saltwater RPA 2017,rpa Page 2 of 2 6/26/2023