NC0085359_Return_20060914

Michael F. Easley, Governor
i
William G. Ross Jr., Secretary
rNorth
Carolina Department of Environment and Natural Resources
1
Y
Alan W. Klimek, P.E. Director
Division of Water Quality
September 14, 2006
Ms. Christine L. Putnam, P.E., Director
Union County Public Works
400 North Church Street
Monroe, NC 28112-4804
Subject: Return of SOC Application Package & Fee
Union County Public Works — Twelve Mile Creek W WTP
NPDES Permit NCO085359
Union County
Dear Ms. Putnam:
Enclosed, please find a copy of the Special Order by Consent (SOC) application you submitted to this
office on July 7, 2006, along with Hazen & Sawyer, PC's check number 3627 in the amount of $400.00.
These items are being returned to you because the Division of Water Quality has reviewed the SOC
application and the materials sent in support of,the application, and determined that the circumstances
they describe do not meet the criteria for which a SOC may be issued.
SOCs may only be issued when a facility's noncompliance is deemed to be due to some deficiency
within the design or structure of the existing wastewater treatment plant such that the facility cannot
become consistently compliant with permit limitations until its inherent flaws are corrected. SOCs may
not be issued in situations when the circumstances that brought about the noncompliance are judged to
be operational in nature (i.e. where increased operational oversight may have prevented the
noncompliance). Furthermore, to be considered for SOC coverage, the applicant must be able to prove
it has optimized its existing treatment facilities.
Based upon our review of the application and data submitted by the facility, and from information
obtained in meetings and telephone conversations with Mooresville Regional staff, it is the Division's
belief that the facility can be substantially compliant with limits for Flow, BOD, TSS, NH3-N and Fecal
Coliform with conscientious day to day operational oversight and being prepared for events that could
disrupt efficient operation (e.g. having generators during power interruptions or an inventory of spare
parts for critical equipment).
The Division has given more attention to the issue of noncompliance as it pertains to Total Phosphorous.
Additional information has been submitted that discusses actions the facility can take in the near term
and in the future that may reduce Total Phosphorous concentrations in the effluent and loading to the
receiving stream. However, this same information indicates the facility has not followed through in
implementing some of its consulting engineer's recommendations. Most specifically, the facility does
not appear to have used its existing chemical addition facilities as a means to attempt to reduce Total
Phosphorous. For this reason, it cannot be said the Twelve Mile Creek WWTP's existing facilities have
been optimized or maximized, and therefore, SOC coverage cannot be considered. N�°n�eCarolina
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North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone [phone] Customer Service
Internet: www.ncwateroualitv.ore Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax [phone]
An Equal Opportunity/Affirmative Action Employer — 50% Recycled/100/. Post Consumer Paper

Ms. Christine Putnam, P.E.
UCPW — Twelve Mile Creek W WTP SOC App. Return
p. 2
The Division will keep the additional copies of those materials submitted. If the facility implements all
the existing options currently at its disposal that may reduce Total Phosphorous in the effluent and still
finds it is noncompliant with permit limits, you should first approach the Surface Water Protection
Section staff of the Mooresville Regional Office to discuss the situation and determine if a SOC would
be an appropriate means of addressing it. If reconsideration of a SOC is deemed reasonable, the
Division may use the copies of the materials retained from this application package in its review of a
future SOC application.
If you have any questions, please contact the Surface Water Protection Section staff of the Mooresville
Regional Office at [phone] or Bob Sledge in our Central Office at [phone], extension
547.
Sincerely,
ASusanA. Wilson; P.E.
NPDES Western Program Supervisor
attachments
cc: MRO — Surface Water Protection Section
NPDES Facility File
Central Files