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HomeMy WebLinkAboutWQCS00104_SOC (Amendment)_20240906NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION COUNTY OF CRAVEN IN THE MATTER OF ) NORTH CAROLINA ) SPECIAL ORDER BY CONSENT COLLECTION SYSTEM PERMIT ) EMC SOC S19-002 Ad. II NUMBER WQCS00104 ) HELD BY THE CITY OF ) HAVELOCK ) Pursuant to provisions of North Carolina General Statutes (G.S.)143-215.2 and G.S. 143- 215.67, this Special Order by Consent (SOC) is entered into by the City of Havelock, hereinafter referred to as the City, 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 City and the Commission hereby stipulate the following: (a) The City holds North Carolina Non -Discharge Permit No. WQCS00104 for operation of an existing wastewater collection system. The City is unable to consistently comply with Condition 1.2., regarding sanitary seweroverflows (SSOs) as set forth in Collection System Permit WQCS00104. Frequent and repetitive SSOs have occurred in portions of the City's collection system. Compliance will require preparation of plans and specifications for collection system upgrades including, but not expressly limited to the rehabilitation of multiple sewer system lines, manholes and lift stations. (b) Noncompliance with permit conditions constitutes causing and contributing to pollution of the waters of this State, 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 or will secure financing for the planning, design, and/or construction of a new or improved wastewater collection system which, once constructed and operated, will be sufficient to adequately collect wastewater presently being made tributary to the collection system, such that the City will be able to comply with final permit conditions in Collection System Permit WQCS00104. (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 identified in paragraph 1(a) above, hereby agrees to do the following: (a) As part of this agreement, the City requests an additional discharge of 20,000 gallons per day of domestic wastewater to the treatment works. Any additional wastewater discharges can only occur after approval by the Division of Water Resources in the Washington Regional Office. The nature of the additional flows is such that the waste characteristics do not exceed those generally associated with domestic waste or are pretreated to domestic strengths. Waste of greater than normal domestic strength will not be approved for discharge. (b) Undertake the following activities in accordance with the indicated time schedule: (1) On or before November 1, 2019, repair points and/or lines along Woodhaven Drive, Rice Lane, Speight Street, Bristol Lane and Grey Fox Road and repair the Rose Brothers and High School Lift Station. (MET) (2) On or before April 1, 2020, repair Forest Hill Manhole, Daniels Court Manhole and Shepard Street line. (MET) (3) On or before August 1, 2020, install and certify an influent flow meter to the WWTP. (MET) (4) On or before August 1, 2020, the City shall perform an engineering review of the main gravity trunk line from Hollywood Blvd. to the WWTP to determine the corrections needed to eliminate sanitary sewer overflows at manhole G111. The City shall include a timeline with fixed dates when corrections are to be made. The dates for corrections as agreed upon by the Division of Water Resources in the Washington Regional Office shall be adopted as part of the SOC and shall be enforceable under paragraph 3. (MET) (5) On or before October 1, 2024, complete all construction and achieve compliance with all permit conditions. (6) Provide the Washington Regional Office with quarterly progress reports. Quarterly reports shall include, at a minimum, documentation of the City's, project funding status, progress of infiltration/inflow reduction and the status of the repair projects. Reports are due, November 1, February 1, May 1, and August 1. (c) The City shall comply with all terms and conditions of the permit except in relation to the issues noted in 1(a) and shall make every effort to prevent the discharge of wastewater to the State's waters within its ability to operate the sanitary sewer collection system. The City may also be required to monitor for other parameters as deemed necessary by the Director in future permits or administrative letters. (d) No later than thirty (30) calendar days after any date identified for accomplishment of any activity listed in 2(b) above, submit to the Director 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 listed activities may be affected. 2 3. The City agrees that unless excused under Section 4, the City will pay the Director, by check payable to the North Carolina Department of Environmental Quality, stipulated penalties according to the following schedule for failure to meet deadlines set out in Sections 2(b) or conditions of the SOC. Failure to meet a schedule date Failure to comply with SOC condition. Sanitary Sewer Overflow at G111 Failure to achieve compliance with final sewer repair/rehabilitation work at final compliance date Failure to submit quarterly progress reports $100/day for the first 7 days; $500/day thereafter $500.00/day until met $1,000.00/event $5,000.00 $1,000.001 violation 4. The City and the Commission agree that stipulated penalties are not due if the City 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 not be available if the act or omission is that of an employee or agent of the City or if the act or omission occurs in connection with a contractual relationship with the City; (d) An extraordinary event beyond the City's control. Contractor delays or failure to obtain funding will not be considered as events beyond the City'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. 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. This SOC and any terms or conditions contained herein, hereby supersede any and all previous Special Orders, Enforcement Compliance Schedule Letters, terms, conditions, and limitations contained therein issued in connection with Permit Number WQCS00104. 6. Noncompliance with the terms of this SOC are subject to enforcement action in addition to the above stipulated penalties, including injunctive relief pursuant to G.S. 143-215.6(C). 7. The City, upon signature of this SOC, will be expected to comply with all schedule dates, terms, and conditions of this document. 8. This Special Order of Consent shall expire February 1, 2025. For the City of Havelock: — "% 7i� Date �7G1gGI5T o� l ,a .9A Signatur of Signing Official Cl1nsra,��-�r W. gc&'Oe , Cjj� lUiaj-ev- Print Name and Title of Signing Official For the North Carolina Environmental Management Commission: Richard E. Rogers, Director Division of Water Resources 4 Date