NC0025321_SOC application_20240703

Weaver, Charles
From: Weaver, Charles
Sent: Wednesday, July 3, 2024 11:38 AM
To: 'Page McCurry'
Cc: Boss, Daniel J; Armeni, Lauren E; Rob Hites
Subject: RE: [External] Application for an Amendment to a Special Order by Consent: The Town of Waynesville
Importance: High
The fee payment for the SOC request arrived today, July 3rd. No application paperwork was with it. We have the
application electronically, so that will suffice.
Due to the fee payment arriving after the existing SOC expired on July V, I had to create a new SOC number. BIMS (our
data system) will not allow me to amend an SOC that it sees as expired. The new SOC number will be S24-004.
Lauren & Dan — use the previous SOC to prepare the draft for this one, with the changes requested by the
permittee. You can delete the completed tasks from this SOC as it is a new document, not an amendment to the
previous one. Let me have a look at the draft before you send it to Waynesville for signature.
Page / Rob — since the SOC amendment would have required a Public Notice period, this new SOC will not add any
processing time. It must also go to Public Notice.
Let me know if you have any additional questions.
Charles H. Weaver
Environmental Specialist II
Division of Water Resources
919-707-3616
charles.weaver(a1deg. nc. qov
(mailing address) 1617 Mail Service Center, Raleigh, NC 27699-1617
Pmaif eouespondence to and from this address is subs to the fftfh
Carobna Public Records Law and may be drscbsed to fhrrd parties,
From: Page McCurry <[e-mail]>
Sent: Thursday, June 20, 2024 4:23 PM
To: Weaver, Charles <[e-mail]>
Cc: Boss, Daniel J <[e-mail]>; Armeni, Lauren E <[e-mail]>; Rob Hites
<[e-mail]>
Subject: [External] Application for an Amendment to a Special Order by Consent: The Town of Waynesville
Importance: High

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Mr. Weaver,
Please see the attached request to amend the Special Order by Consent EMC SOC WQ S19-005.
The original application and copies along with the check for $400.00 are forthcoming by regular post.
If you should need any additional documentation or information please do not hesitate to contact Mr. Hites at
[phone].
All the best,
Page McCurry, SHRM-SCP
Human Resources Director
Town of Waynesville, NC
16 S. Main Street
PO Box 100
Waynesville, NC 28786
(o) 828.452.2491
(m) 828.360.4503
(f) 828.452.2000
[e-mail]
www.waynesvillenc.gov
ra

Gary Caldwell, Mayor
Chuck Dickson, Mayor Pro Tempore
Jon Feichter, Councilmember
Anthony Sutton, Councilmember
Julia Freeman, Councilmember
6/20/2024
Mr. Richard Rogers, Director
Division of Water Resources
NC Department of Environmental Quality
217 West Jones Street
Raleigh, NC 27603
Robert W. Hites, Jr. Town Manager
Martha Bradley, Town Attorney
Re: Clarification of expiration of Waynesville "Special Order for Consent"
Dear Mr. Rogers:
Over the past six years the Town of Waynesville has been working with the DEQ to
renovate its deteriorated Waste Treatment Plant. Together, we have designed and bid
the renovation, secured SRF loans to fund the renovation and been designated a
"Distressed Community". This is a critical project for our Town and for better wastewater
manaaement in this area.
One of the important documents that we negotiated was a "Special Order for Consent".
The document provides a regulatory road map for the Town and State to use as we
complete construction of the plant. In compliance with the Section 2 (b) 4 "Four (4)
months following issuance of the AtoC, advertise project, receive bids and receive
authority to award for construction of plant improvements" the Town opened bids on
December 7, 2021. The bids were considerably higher than the SRF Loan and project
budget. The Town and its engineers entered a "value engineering" process that reduced
the project budget by over $3 million dollars. The re -engineered project was submitted
and approved by DEQ received on May 13, 2022. A "Notice to Proceed" was issued to
Harper Construction on March 20, 2023. The delay caused by the value engineering,
re -design and State approval of the project caused an unforeseeable delay in the
original schedule but did not violate the language of Section 2 (b) 5 which states "Three
months following receipt of authority to award the construction contract,( May 13, 2023)
begin construction of the plant improvement as outlined in the AtoC. Section 2(b) 6
provides that "Twenty-four (24) months after beginning construction, complete
construction of the Waynesville WWTP improvements." Section 2(b) 7 states "Three (3)
months following completion of construction, achieve compliance with the NPDES
Permit NC0025321,
We need your help in keeping this SOC in place. In Section 9. The SOC states "This
"Special Order by Consent" shall expire July 1, 2024. Section 9 conflicts with the time
schedule outlined in Section 2 (b) as it has been applied to the actual project.
16 South Main Street • P.O. Box 100 ' Waynesville, NC 28786 Phone [phone] Fax [phone]
Web Address: www.waynesvillenc.gov

We respectfully request that the Special Order by Consent be amended to reflect the
language of Section 2(b). The amendment would clear up the confusion in the original
SOC and keep it in force until the plant is complete and in operation. I have taken the
liberty to provide an example of a corrected SOC for your scrutiny.
This revision is to the advantage of both the Town and the Division. It is a simple and
reasonable revision and corrects conflicts within the most important component of this
document, completion of the project and meeting final permit limitations. The Division
should proceed with this chance as a "technical correction" of the document.
Our contractor, Harper Construction, is on schedule, and we hope to complete the
project in late spring of 2025.
Please contact me at 828-550-5238 or at rhites(c�waynesvillenc.gov should I be able to
provide additional information.
Thank you for your time in this matter.
Sincerely.
Robert W. Hites Jr.
Town Manager
cc.
Keith Webb, McGill Associates
Forrest Westall, McGill Associates.
16 South Main Street • P.O. Box 100 • Waynesville, NC 28786 Phone [phone] Fox [phone]
Web Address: www.waynesvillenc.gov

STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL
DIVISION OF WATER RESOURCES
APPLICATION FOR AN AMENDMENT TO A SPECIAL ORDER BY CONSENT
I. GENERAL INFORMATION:
Applicant (corporation, individual, or other): The Town of Waynesville
2. Owner Phone: [phone] (or) [phone]
3. Owner Email: [e-mail]
4. Facility Name (must be the same as name on the original SOC):
The Town of Waynesville Wastewater Treatment Plant (WWTP)
Original SOC No. / Issuance Date: EMC SOC WO S19-005
6. NPDES Permit No. (if applicable): NCO025321
5. Application Date: June 14, 2024
If. 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.
III. ADDITIONAL FLOW OR REALLOCATION OF EXISTING FLOW:
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: 0 gallons per day.
The total non -domestic additional flow requested: 0 gallons per day.
The total additional flow (sum of the above): 0 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.
Amendment request explanation:
We respectfully request that the Special Order by Consent be amended to reflect the
language of Section 2(b),
In Section 9. The SOC states "This "Special Order by Consent" shall expire July 1,
2024. Section 9 conflicts with the time schedule outlined in Section 2 (b) as it has
been applied to the actual project. We respectfully request that the Special Order by
Consent be amended to reflect the language of Section 2(b). The language of Section
2 (b) 5 states "Three months following receipt of authority to award the construction
contract,( May 13, 2023) begin construction of the plant improvement as outlined in
the AtoC. Section 2(b) 6 states that "Twenty-four (24) months after beginning
construction , complete construction of the Waynesville WWTP improvements."
Section 2(b) 7 states "Three (3) months following completion of construction, achieve
compliance with the NPDES Permit NCO025321.
The amendment would clear up the confusion in the original SOC and keep it in force
until the plant is complete and in operation. The amendment corrects conflicts within
the most important component of the SOC, completion of the project and meeting
final permit limitations.
2

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.
• 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 Order by Consent (SOC) processing fee of $400.00. A
check must be made payable to The Department of Environment and Natural
Resources.

APPLICANT'S CERTIFICATION:
(NO MODIFICATION TO THIS CERTIFICATIONIS A CCEPTABLE)
I, Rob Hites, 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 be imposed. {Note: Reference to upfront penalties in Special Orders by
Consent may be found in the North Carolina Administrative Code [T15A NCAC 2H
.1206(c)(3)].)
Date �/ 1 . o Z `/
Signature of Signing Official
Printed Name of Sienna 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
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
ll

NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF HAYWOOD
IN THE MATIER OF
NORTH CAROLINA ) SPECIAL ORDER BY CONSENT
NPDES PERMIT NCO025321 )
HELD BY ) EMC SOC WQ S19-005
TOWN OF WAYNESVILLE )
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 Waynesville, 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. 14313-282, 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 NCO025321 for operation of the Town of
Waynesville wastewater treatment plant (WWTP) and for making an outlet therefrom for the
discharge of treated wastewater to the Pigeon River, currently classified C waters of this State
in the French Broad River Basin. The Town is unable to consistently comply with effluent
limitations for Total Suspended Solids (TSS) and fecal coliform as set forth in NPDES Permit
NC0025321. Compliance will require preparation of plans and specifications for construction
and operation of an upgraded WWTP and continued reduction of inflow and infiltration (I&1)
within the collection system.
(b) Noncompliance with final effluent limits 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 has secured funding for the planning, design and construction of improvements to
the current WWTP, which includes upgrade of the headworks, removal of primary clarifiers
and replacement with primary drum filters, rehabilitation of the current aeration basins,
installation of two new circular secondary clarifiers, improvements in solids management,
conversion of the anaerobic digester to an aerated sludge holding tank and conversion from gas
to liquid disinfection. Completion of the project will provide the Town with the ability to
adequately treat incoming wastewater, properly manage solids and aid the facility in returning
to compliance with NPDES Permit No. NCO025321.
(d) Since this Special Order is by Consent, neither party will file a petition for a contested case or
forjudicial 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) The Town has outstanding civil penalty assessments for NPDES permit NCO025321 that total
$20,645.48. The Town has violations that have not been assessed by the Division to -date that
approximate $22,500. As settlement of all violations, including those assessed and pending, the

SOC WQ 819-005
Town agrees to pay an upfront penalty of $4,129.00, with the remaining amount of $16,516.48
to be held in abeyance until the successful completion of this SOC. Upon the successful
completion of this SOC, the remainingpenalty amountheld in abeyance ($16,516.48 assessed)
will be remitted in full and the assessment of pending violations waived. Should the Special
Order of Consent not reach successful conclusion, the full remaining assessed penalty of
$16,516.48 will be due immediately by check payable to the North Carolina Department of
Environmental Quality and forwarded to the Director. The Division retains the right to address
those violations not assessed approximating $22,500 if the SOC is not successfully completed.
(b) Undertake the following activities in accordance with the indicated time schedule:
(1) Within 60 days, following the issuance of the SOC, submit an update on current I&I
reduction efforts and a copy of the Town's current collection system CIP.
(2) On or before April 15, 2021, submit approvable plans for an Authorization to Construct.
(3) On or before November L 2020, submit and/or make available online the flow
measurements obtained from the meter installed downstream of the intermediate pump
station.
(4) Four (4) months following issuance of the AtoC, advertise project, receive bids & receive
authority to award for the construction of plant improvements.
(5) Three (3) months following receipt of authority to award the construction contract, begin
construction of the plant improvements as outlined in the AtoC.
(6) Twenty-four (24) months after beginning construction, complete construction of the
Waynesville WWTP improvements.
(7) Three (3) months following completion of construction, achieve compliance with the
NPDES Permit NC0025321.
(8) Provide quarterly progress reports summarizing activities undertaken by the Town
regarding the construction of the WWTP. Reports will also provide a summary of the
performance of the Town's existing WWTP during the previous quarter, and detail efforts
made to optimize the WWTP during that time.
(9) Provide semi-annual progress reports on the Town's concurrent efforts to address and
remove significant sources of 1&I. Additionally, updated copies of the Town's CS CIP
shall be submitted as theybecome available. Reports may be provided by hard copy or
electronic means and shall be received by the NC DEQ Asheville Regional Office and the
DWR Central Office no later than the 1 Oth day following the end of the quarter during the
period of time the Order is in effect.
(c) During the time in which this Special Order by Consent is effective, comply with the interim
Page 2 of S

SOC WQ Sig-005
effluent limitations contained in Attachment A. Under this Special Order of Consent, only the
parameters listed below have been modified from the most current NPDES Permit in effect.
The followingreflects only the limitations that have been modified from NPDES requirements by
this Order:
Current Permit Limits Modified Limits (SOO)
Parameter Units Monthly Average Weekly Average Monthly Average Weekly Average
Total Suspended mg/L 30 45 45 100
Solids (TSS)
Fecal Coliform mg/L 200 400 200 600
(d) No later than thirty (30) calendar days after any date identified for accomplishment of any
activity listed in paragraph 2. (b) (1)— (7) above, submit to the Director of DWR a written
notice of compliance (including the date compliance was achieved along with supporting
documentation if applicable) ornoncompliance therewith. In the case of noncompliance, the
notice shall include a statement of the reason(s) for noncompliance, remedial action(s) taken,
and astatement identifyingthe extentto which subsequent dates or times for accomplishment
of listed activities may be affected.
3. The Town agrees that unless excused under paragraph four (4), the Town will pay the Director of
DWR, by checkpayable to the -North Carolina Department of Environmental Quality, stipulated
penalties according to the following schedule for failure to meet the deadlines set out in paragraph 2.
SOC Violation
Stipulated Penalty
Failure to meet a schedule date fisted inparagraphs
2.(b)(1) through 2.(b)(6).
$ 1000 per missed schedule datewithin the first
seven (7) days of tardiness; $750 perday thereafter.
Failure to submit progress reports asrequ ired by
paragraph 2.(b)(7H).
$1000 for the first violation; penalty doubles with
each subsequent assessment for late reports.
Failure to maintain compliance with any modified limit
contained in the SOC,
$1000 for exceeding monthly average limits; $500
for exceeding weekly average limits.,
Monitoring frequency violations for modified parameters
$100,00 per omitted value per parameter
4. The Town and the Commission agree that the stipulated penalties are not due if the Town satisfies
DWR that 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 notbe 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 pennittee;
(d) An extraordinary event beyond the permittee' s control. Contractor delays or failure to obtain
Page 3 of 5

SOC WQ SI9-005
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. 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 and/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 NC0025321.
6. Failure to meet the schedule dates identified in section 2 may terminate this Special Order by
Consent and require the Town to comply with the terms and conditions contained in permit
NC0025321.
7. Noncompliance with the terms of this Special Order by Consent is subject to enforcement action in
addition to the above stipulated penalties, including injunctive relief pursuant to G.S. 143-215.6.C.
8. In accordance with the provisions of G.S. 143-215.67(b) the Commission allows the Town of
Waynesville to accept the additional waste specified below to its waste disposal system. The
approval of additional flow will be in the form of an issued sewer extension permit.
Project Gallons per
n.,
The permitter, upon signatureof this Special Order by Consent, will be expected to comply
with all schedule dates, terms, and conditions of this document.
9. This Special Ordw- by Consent shall expife My 1, 202 4.
This Special Order by Consent shall expire 90 days after DEQ has been notified that the plant has been
placed in operation.
Page 4 of S

For the Town of Waynesville:
Town Manager
For the North Carolina Environmental Management Commission
Director, Division of Water Resources
Page 5 of 5
Date
Date
SOC WQ S19-005