NC0043176_SOC (Application)_20231214

Mayor
WNW C I TY William P.Elmore Jr.
Mayor Pro Tem
'so DUNN
Dr.David L.Bradham
Council Members
J.Wesley Sills
\ NORTH CAROLINA April L.Gaulden
Frank McLean
401 E Broad St • PO Box 1065 •Dunn, North Carolina 28335 Billy Tart
[phone] • CityofDunn.org Chuck Turnage
City Manager
Steven Neuschafer
12-08-2023
Mr. Michael Montebello,Branch Manager, Water Quality NPDES Permitting Bran
CEIVED
Mr. John Hennessy, Section Chief, Water Quality Regional Operations Section
NC DEQ, Division of Water Resources
512 N. Salisbury St. DEC 14 2023
9th Floor Archdale Building
Raleigh,North Carolina 27604 NCDEQ/DWR/NPDES
Re: City of Dunn Application for an Amendment to a Special Order of Consent
SOC No. EMC SOC WQ S17-002; Issuance Date: June 30,2022
Dear Mr. Montebello and Mr. Hennessy:
In partnership with WithersRavenel,we are submitting this SOC Amendment application. We
are requesting that the SOC be amended because of design changes for Item No. vii,the Eastside
Pump Station project.
Eastside South FM& Machine Welding Outfall: Instead of installing the originally proposed
force main from Highway 301 to the WWTP, further evaluation and modeling showing that
improvements and equalization at the Eastside pump station can resolve the SSOs. Therefore,
this project is being modified to install a 2 MG equalization tank for wet-weather storage at this
pump station, along with needed rehabilitation on the downstream receiving gravity sewer. This
change will save construction costs and allow for these saved funds to be used elsewhere by the
City for sewer system improvement projects listed in the SOC.
We have included a copy of the SOC Amendment Application Form,the original SOC, and a
copy of the Original SOC with our recommended modifications noted in red font.
Should you have any questions or if any additional information is needed,please contact me at
910-230-3500 or Tom Poe, PE, WithersRavenel at 919-616-4245 ([e-mail]).
Sincerely,
Steven Neuschafer
City of Dunn
`Mere cammuni y ie_ ins!

STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER RESOURCES
APPLICATION FOR AN AMENDMENT TO A SPECIAL ORDER BY CONSENT
I. GENERAL INFORMATION:
1. Applicant (corporation, individual, or other): City of Dunn,NC
2. Owner Phone: [phone] (or)
3. Owner Email: Steven Neuschafer([e-mail])
4. Facility Name(must be the same as name on the original SOC): City of Dunn, WWTP
5. Original SOC No./Issuance Date: EMC SOC WO S17-002 August 7,2023
6. NPDES Permit No. (if applicable): NC 0043176,WOCS 00073
7. Application Date: 12/12/2023
II. SOC COMPLIANCE HISTORY:
Please attach a listing of all violations this facility has had under this Order. Include any violation of
interim dates,relaxed permit parameters, and existing permit limits.
Please see Attachments A,B and C for SOC Compliance History(obtained from NC-DWR Kate
Shadwell,[e-mail]).
M. ADDITIONAL FLOW OR REALLOCATION OF EXISTING FLOW:
No additional flow is being requested.
Only facilities owned by a unit of government may request to add additional flow to the treatment
system as part of this SOC Amendment in accordance with NCGS 143-215.67(b).
Additional flow may be allowed under an SOC amendment only in specific circumstances. These
circumstances may include eliminating discharges that are not compliant with an NPDES or Non-
discharge permit as specified in the original SOC. These circumstances do not include failure to
perform proper maintenance on treatment systems, collection systems or disposal systems. When
requesting additional flow,the facility must include its justification and supporting documentation.
If the requested additional flow is non-domestic, the facility must be able to demonstrate the ability
to effectively treat the waste and dispose of residuals. The applicant must provide a detailed analysis
of all constituents in the proposed non-domestic wastewater.

The total domestic additional flow requested: n/a gallons per day.
The total non-domestic additional flow requested: n/a gallons per day.
The total additional flow(sum of the above): n/a gallons per day.
If a reallocation of existing additional flow is needed the facility must provide justification as to why
this reallocation is needed.
Any additional flow that may be allowed will be determined by an analysis of projected adverse
impacts on the wastewater treatment facility and/or surface waters.
IV. WHY AN SOC AMENDMENT IS NEEDED:
Please provide a detailed explanation as to why the SOC amendment is being requested. Include
actions already taken to avoid noncompliance with the existing SOC. Also provide details on
activities that were delayed.
We are requesting that the SOC be amended for design improvements and resulting cost savings
for SOC Item vii. the Eastside Pump Station project.
The original SOC listed a design option to install a new southern loop force main and a section
of gravity sewer from the Eastside Pump Station to Highway 301. This option would require
approximately 50 easements, and would not fully address the peak flows causing some SSOs.
Further evaluation, flow metering, and modeling shows that improvements and equalization at
the Eastside pump station can better resolve the SSOs. Therefore, this project is being modified
to install a 2 MG equalization tank forwet-weather storage at this pump station,along with needed
rehabilitation on key sections of existing downstream receiving gravity sewer mains. This change
will more effectively resolve more SSOs and will allow the City to use cost savings for other
sewer system improvements. Flow Equalization at key points in sewer collection systems is a
proven strategy to control SSOs and provides operational flexibility during both wet and thy
weather periods.
The city currently has approximately 20 projects in design, out for bid, or under construction to
improve their sewer collection system and wastewater treatment plant.
THE DIVISION OF WATER RESOURCES WILL NOT ACCEPT THIS APPLICATION
PACKAGE UNLESS ALL OF THE APPLICABLE ITEMS ARE INCLUDED WITH THE
SUBMITTAL.
Required Items:
a. One original and two copies of the completed and appropriately executed application
form, along with all required attachments.
2

• If the SOC Amendment is for a City/Town,the person signing the SOC must be a
ranking elected official or other duly authorized employee.
• If the SOC Amendment is for a Corporation/Company/Industry/Other,the person
signing the SOC must be a principal executive officer of at least the level of vice-
president, or his duly authorized representative.
• If the SOC Amendment is for a School District, the person signing the SOC must be
the Superintendent of Schools or other duly authorized employee.
Note: Reference to signatory requirements in SOCs may be found in the North Carolina
Administrative Code [T15A NCAC 2H .1206(a)(3)].
b. The non-refundable Special OrderbyConsent(SOC)processingfee of$400.00. A check
P
must be made payable to The Department of Environment and Natural Resources.
APPLICANT'S CERTIFICATION:
(NO MODIFICATION TO THIS CERTIFICATION IS ACCEPTABLE)
I, `J'-‘,161.1 4EL)$cI-l4 G CR__ , attest this application for a Special Order by Consent
(SOC) amendment has been reviewed by me and is accurate and complete to the best of my
knowledge. I understand if all required parts of this application are not completed and if all required
supporting information and attachments are not included,this application package may be returned
as incomplete. (Please be advised that the return of this application does not prevent DWR from
collecting all outstanding penalties upon request). Furthermore, I attest by my signature that I
fully understand that an upfront penalty, which may satisfy as a full settlement for past
violations, may e ' pos d. {Note: Reference to upfront penalties in Special Orders by Consent
may be found ' e o Carolina Administrative Code [T15A NCAC 2H .1206(c)(3)].}
1Z-D CG. 2a Z Zj
Date
Signature of igning Official
Printed Name of Signing Official
THE COMPLETED AMENDMENT APPLICATION PACKAGE,INCLUDING ALL
SUPPORTING INFORMATION, SHOULD BE SENT TO THE FOLLOWING ADDRESS:
NORTH CAROLINA DIVISION OF WATER RESOURCES
POINT SOURCE BRANCH
1617 MAIL SERVICE CENTER
RALEIGH,NORTH CAROLINA 27699-1617
3

IF THIS APPLICATION IS FOR A NON-DISCHARGING SYSTEM,THEN SEND TO:
NORTH CAROLINA DIVISION OF WATER RESOURCES
AQUIFER PROTECTION SECTION
1636 MAIL SERVICE CENTER
RALEIGH,NORTH CAROLINA 27699-1636
4

NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF HARNETT
IN THE MATTER OF )
NORTH CAROLINA ) SPECIAL ORDER BV CONSENT
NPDES PERMIT NO. NC0043176 ) EMC SOC WQ S17-002
PERMIT NO.WQCS00073 )
HELD BY )
THE CITY OF DUNN )
Pursuant to provisions ofNorth 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 Dunn,hereinafter referred to as the
City,and the North Carolina Environmental Management Commission, an agency ofthe 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 NC0043176 for operation of an existing
wastewater treatment works and for making an outlet therefrom for the discharge of 3.75
MGD treated wastewater to the Cape Fear River, Class WS-V waters of this State in the
Cape Fear River Basin.
Additionally,the City holds Permit Number WQCS00073 for Dunn Collection System,
which includes the operation and maintenance of approximately 88 miles of sewer line.
The City has had persistent issues with inflow and infiltration within this system,which
contributes to flow limit violations at the WWTP as well as Sanitary Sewer Overflows.
At the beginning of 2021,the Division conducted a review of the City's self-monitoring
data and Sanitary Sewer Overflow 5-day reports and determined that the facility was
unable to adequately treat the volume of wastewater it was receiving.The City of Dunn
WWTP was subsequently placed under a moratorium prohibiting the introduction of
additional wastewater in accordance with NCGS I43-215.67.
The City continues to be in noncompliance with permit conditions and limits for flow of
their NPDES Permit NC0043176.The City seeks additional flow allocations totaling
1.522 MGD while repairs and enhancements to the collection system are completed.The
City estimates that inflow and infiltration will be reduced by an equivalent or greater
amount as it completes construction on various infrastructure rehabilitation projects.
This SOC grants an initial allocation of 0.15 MGD upon execution of this agreement and
allows additional requested flow allocations to be granted in phases as sewer and WWTP
rehabilitation projects are completed (see 2(c)). If all projects are completed and
compliance with permit conditions and limits are achieved,the moratorium authorized
under NCGS 143-215.67 shall be lifted upon expiration of this SOC.
(b) Noncompliance with final effluent limitations constitutes, causing, and contributing to
City of Dunn-Dunn WWTP
EMC SOC WQ S 17-002

Page 2 of 7
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 forplanning, design,and
construction/repairs of the following:
i. Sewer Rehabilitation Project (Golden Leaf): This project will replace or rehab
approximately 2,700 linear feet Of)of sewer line and 13 manholes.
ii. Sewer Rehabilitation Project(CDBG): This project will replace or
rehabilitate approximately:
(a) 2,009 if of sewer line and 8 manholes in West Barrington,N.
Fayetteville,N.King,N.Layton,N.Railroad,and N.Wilson.
(b) 7,1681f of sewer line and 29 manholes in the areas of Burke St,Carr
St, E. Cleveland,N. Clinton,Dubois Circle, E. Granville, and E.
Johnson.
(c) 4,448 If of sewer line and 17 manholes in E.Broad,E.Edgerton,E.
Harnett,N.Lee,McNeil Circle,N.Sampson,N.Washington, and
N. Wilmington
iii. Sewer Rehabilitation Project (USDA Phase 1): This project will replace or
rehabilitate approximately 9,0001f of sewer line,42 manholes,and 134 service
connections.
iv. Sewer Rehabilitation Project(CWSRF): This project is a system-wide rehabilitation that
targets sewer system sub-basins with highest inflow and infiltration.The project will see
to the replacement and rehabilitation of approximately 26,775 if of sewer line and 50
manholes.
v. Sewer Relocations (NCDOT): NCDOT's 1-95 widening project will include
improvements to the collection system.This includes the replacement of approximately
8,3001f of gravity sewer,14 service renewals,and 58 manholes with new infrastructure.
This project is not under the jurisdiction of the City,so it will not be included in the SOC
timeline.However,the City may be granted additional flow allocation upon completion
of this project by NCDOT(see 2(c)).
vi. WWTP Rehabilitation Project(CWSRF): This project will include the upgrade of
WWTP clarifiers,chlorine contactbasins,and internal process pipingto accommodate
higher peak flows through the WWTP.The project will increase hydraulic capacity and
improve clarification and disinfection.
vii. :
erflewo at MH BD 8. r-the�I WTP
vii. Eastside Pump Station, EQ, FM, and Gravity sewer main improvements:
This project will make major improvements to the Eastside Pump Station including
pumps, generator, controls, and add a 2 MG equalization tank for both regular and
wet-weather storage at this pump station, balance flows to the two force mains, and
rehabilitate key sections of the existing downstream gravity sewer mains. This change
will more effectively resolve more SSOs.
viii. Black River WWTP Effluent Conveyance System—The new effluent conveyance
system to the existing outfall will allow increased flow to be treated through the plant and
discharged during peak wet weather flow conditions.The additional pumping capacity
will help eliminate overflows at MH BR-8 near the WWTP.

City ofDunn—Dunn WWTP
EMC SOC WQ S17-002
Page 3 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. The City,desiring to comply with the Permit(s)identified in paragraph I(a)above,hereby
agrees to do the following:
(a) Undertake the following activities in accordance with the indicated time schedule:
Scheduled Activity Complete Construction
180 days after notice to
Golden Leaf— Sewer Rehabilitation proceed
CDBD - Sewer Rehabilitation 365 days after notice
to
proceed
330 days after notice to
USDA Phase 1—Sewer Rehabilitation proceed
365 days after notice to
CWSRF —Sewer Rehabilitation proceed
550 days after notice to
CWSRF —WWTP Rehabilitation proceed
Eastside South FM& Machine Welding Outfall December 31, 2026
Black River WWTP Effluent Conveyance System December 31, 2026
Achieve Compliance with Permit December 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 Fayetteville Regional Office Supervisor,
Division of Water Resources/Water Quality Regional Operations Section, 225
Green Street, Suite 714, Fayetteville, NC 28301-5095,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 ofthe permits. Upon completion of
each construction phase, the city will notify Fayetteville Regional Office of project
completion and will subsequently be granted flow allocation in accordance with the table
below. If project scopes outlined in I c) are significantly reduced, the City must
communicate changes to Fayetteville Regional Office in order to receive approval for flow
allocations:

City ofDunn—DunnWWTP
EMC SOC WQ S17-002
Page 4 of 7
Scheduled Activity Flow allocation granted
upon completion:
Execution of Special Order by Consent by DWR 0.15 MGD
Completion of construction for Golden Leaf— Sewer 0.052 MGD
Rehabilitation
Completion of construction for CDBO - Sewer Rehabilitation 0.23 MGD
Completion ofconstruction forUSDA Phase 1—Sewer 0.13 MGD
Rehabilitation
Completion of construction for both CWSRF—Sewer
Rehabilitation AND Black River WWTP Effluent conveyance 0.585 MGD
system
Completion of construction for NCDOT—Sewer Relocation 0.275 MGD
Completion of construction for CWSRF—WWTP Rehabilitation 0.1 MGD
TOTAL 1.522 MGD
(d) No later than fifteen(I 5)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)
Fayetteville Regional Office written notice of compliance ornoncompliance 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 I(a)above,hereby
agrees to the following settlement of alleged violations,an upfront penalty,and stipulated
penalties:
(a) As settlement of all alleged violations and unsettled enforcement cases(LV-2021-0148,
LV-2021-0185,DV-2020-0136,DV-2021-0048,DV-2021-0084)priorto entering into
this Special Order of Consent,the City agrees to pay an upfront penalty of$15,063.69._
This settlement payment satisfies the Notice of Violation/Enforcements and any other
alleged violations that may have occurred prior to the established SOC effective date.A
certified check must be made payable to the Department of Environmental Quality and
forwarded to the Director of the Division of Water Resources at 1617 Mail Service
Center,Raleigh,NC 27699-1617 by no later than fifteen days following the date of which

City of Dunn—Dunn WWTP
EMC SOC WQ S17-002
Page 5 of 7
this Order is approved and executed by the Commission and received by the City of
Dunn.
(b) The City agrees that unless excused under paragraph four(4), the City will pay the
Director ofD WR,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:
Any Reportable Sanitary Sewer Overflow • $500 /event
< 1,000 gallons
• SSO occurrence #1 3 per calendaryear:
$1,000/event
Any Reportable Sanitary Sewer Overflow • S SO occurrence#4-6 per calendar year:
> 1,000 gallons and <1,000,000 gallons $2,000/event
• Every event thereafter:$3,000/event
Any reportable Sanitary Sewer Overflow $5,000/event
>_1,000,000
For HPDES Permit NC0043176:
•
Failure to meet a scheduled date $100/day for the first 7 days
• $500/day thereafter
Failure to Submit Progress Reports by the $500 for the first violation;penalty
scheduled date doubles with each subsequent
assessment for late reports
Failure to achieve compliance with final
effluent limits $10,000 (single penalty)
(c) 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. 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 actofwar;
c. An intentional actor omission ofathird 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

City ofDunn—DunnWWTP
EMC SOC WQ S17-002
Page 6 of 7
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 fora 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 No.
NC0043176,and Collection System Permit No.WQCS00073. 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 Orderby 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 Fayetteville Regional Supervisor and the Water Quality Permitting
Section. The flow allocations described in 2 (c) are pre-approved,pending satisfactory
completion of projects. The City must notify FRO of project completion prior to receiving
flow.The City must summarize all flow that has been accepted in their SOC quarterly reports
(required by 2 (b))and maintain records available upon request for all flowaccepted.
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 with the terms and conditions contained in
the permits identified in paragraph I (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 document.
This Special Order by Consent shall expire March 31, 2027.

City of Dunn—Dune WWTP
EMC SOC WQ S I7-002
Page 7 of 7
For the City of Dunn:
12 PSG Z043
Steven Neuschafer, City Manager Date
City of Dunn
For the North Carolina Environmental Management Commission:
Richard E. Rogers, Jr., Director Date
Division of Water Resources