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HomeMy WebLinkAboutNC0024244_Special Order By Consent_20160211 PAT MCCRORY Govemor DONALD R. VAN DER VAART r tiecretnty Woter Resources S. JAY ZIMMERMAN ENVIRONMENTAL QUALITY Director February 11, 2016 The Honorable Gerald R.Michael City of Albemarle P. O.Box 190 Albemarle,NC 28002-0190, Subject: SPECIAL ORDER BY CONSENT EMC SOC WQ S10-010 Ad H City of Albemarle—Long Creek W WTP NPDES Permit Number NCO024244 Stanly County Dear Mayor Michael: The Division of Water Resources(DWR)hereby transmits for your records a copy of the signed Special Order by Consent(SOC or the Order)approved by the Environmental Management Commission(EMC). The terms and conditions of the Order are now in full effect, including those requiring submittal of written notice of compliance or non-compliance with any SOC schedule date. To cover water-quality maintenance costs, SOC fees have been revised to include a$500.00 annual fee,pursuant to North Carolina General Statute 143-215.3D. DWR will invoice City of Albemarle at a later date,with future SOC fees invoiced annually. If you have questions,please contact the operations staff at DWR's Mooresville Regional Office at(704) 663-1699, or contact me in the central office,Derek Denard [derek.denard@ncdenr.gov] at(919) 807-6307. Sincerely, Derek Denard,Environmental Specialist Division of Water Resources,NCDEQ Attachment: Copy EMC SOC WQ S 10-010 Ad 11 cc: MRO Files/Attn:Corey Basinger w/attachment SOC Files w/attachment Central Files w/attachment cc: Ben Clawson,P.E.-Municipal Engineering Services Company,P.A. [bclawson@mesco.com] Corey Basinger,MRO[corey.basinger@nedenr.gov] State of North Carolina I Environmental Quality I Water Resources 1611 Mail service Center I Raleigh,North Carolina 27699-1611 919 707 9000 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION COUNTY OF STANLY IN THE MATTER OF ) NORTH CAROLINA ) SPECIAL ORDER BY CONSENT NPDES PERMIT NCO024244 ) EMC SOC WQ S10-010 Ad II HELD BY THE CITY OF ALBEMARLE ) Pursuant to provisions of North 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 Albemarle, 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 NPDES Permit NCO024244 for operation of an existing wastewater treatment works and for making an outlet therefrom for treated wastewater to Long Creek, Class C waters of this State in the Yadkin-Pee Dee River Basin, but is unable to consistently comply with effluent limitations and operational requirements as set forth in NPDES Permit NCO024244 due to an overall degradation of collection system and treatment plant infrastructure. Compliance will require preparation of plans and specifications for construction and operation of additional treatment works. (b) Noncompliance with final'effluent limitations constitutes causing and contributing to 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 for planning, design, and construction/repairs of a new or improved waste treatment system which, once constructed and operated, will be sufficient to adequately treat wastewater presently being discharged' and the additional wastewater desired to be discharged, to the extent the City will be able to comply with final effluent permit limitations in NPDES Permit NC0024244. (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 l(a) above, hereby agrees to do the following: (a) As settlement of all alleged violations of NPDES Permit NCO024244 prior to entering into this Special Order by Consent, the City agrees to pay the sum of$38,531.34 (including $581.34 in investigative costs). A certified check must be made payable to the Department of Environment and Natural Resources and forwarded to the Director of the Division of Water Resources at 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 by no later than fifteen (15) days following the date on which this Order is approved and executed by the Commission and received by the City. (Met) (b) Provide the Mooresville Office of the North Carolina Division of Water Resources (DWR), located at 610 East Center Ave, Suite 301, Mooresville,NC 28115, with a list of all additions of flow (see paragraph 5) under the City's Special Order by Consent, and update this list each time flow is added to the collection system. City of Albemarle—Long Creek WWTP EMC SOC WQ S10-010 Ad II p.2 (c) Undertake the following activities in accordance with the indicated time schedule: Scheduled Activity Due Date Submit Inflow and Infiltration collection August 31, 2011 (Met) system evaluation report for WQCS00016 Prepare and submit a Residuals Management September 30, 2011 (Met) Plan Quarterly reports to be submitted by October 1, Submit Construction Status Reports January 1, April 1, July 1 and October 1 during each year the SOC is in effect, beginning July `l, 2011. Begin construction on the WWTP October 1, 2011 (Met) Improvements (see Attachment B) Complete Construction February 1, 2016 Attain Compliance with NPDES permit limits February 1, 2016 Submit a copy of WWTP Standard Operating Procedures (SOP) Manual that details operational policies and practices to include April 1, 2016 maintenance and operation of WWTP's valves, gates and pumps (d) The City shall comply with all terms and conditions of NPDES Permit NCO024244 except those effluent limitations identified in paragraph 2(e) below. See Attachment A for all monitoring requirements and effluent limitations. The Permittee may also be required to monitor for other parameters as deemed necessary by the Director in future permits or administrative letters. (e) During the time in which this Special Order by Consent(SOC) is effective,the City shall comply with the interim effluent limitations contained in Attachment A unless modified below: Under this SOC, only the parameters listed below have been modified from the most current NPDES Permit NCO024244 in effect. Permit Limits Modified Limits (SOC) Parameters Monthly Avg. Weekly Avg. Monthly Avg Weekly Avg_ BOD (s) 10.0 mg/L 15.0 mg/L 15.0 mg/L 3 5.0 mg/L BOD (w) 20.0 mg/L 30.0 mg/L 25.0 mg/L 3 5.0 mg/L TSS 30.0 mg/L 45.0 mg/L ' 35.0 mg/L 50.0 mg/L Ammonia Nitrogen(s) 2.0 mg/L 6.0 mg/L 5.0 mg/L 15.0 mg/L Ammonia Nitrogen(w) 4.0 mg/L 12.0 mg/L 5.0 mg/L 15.0 mg/L BOD &TSS %Removal 85% 70% s = summer(April 1 —October 31); w=winter(November 1 —March 31) City of Albemarle—Long Creek WWTP EMC SOC WQ S10-010 Ad II p.3 (f) No later than thirty (30) calendar days after any date identified for accomplishment of any activity listed in 2(c) above,the City shall submit to the Water Quality Regional Operations Section Regional Supervisor for the Division of Water Resources' (DWR)Mooresville Regional Office 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. 3. The City agrees that unless excused under paragraph four(4),the City will pay the Director of DWR, by check payable to the North Carolina Department of Environmental Quality, according to the following schedule for failure to meet the deadlines set out in paragraphs 2(c) and 2(f), or failure to attain compliance with the effluent limitations/monitoring requirements contained in Attachment A. Violation Description Stipulated Penalty Failure to meet a scheduled date $100/day for first seven days; $500/day thereafter Failure to maintain compliance with any $2,250/violation(Monthly Average) modified limit contained in the SOC $1,000/violation(Weekly Average) Failure to achieve compliance with NPDES permit limits at final compliance deadline $40,000.00 Failure to submit a Inflow and Infiltration $50/day for first seven days; $100/day collection system evaluation report thereafter Failure to submit a Residuals Management $50/day for first seven days; $100/day Plan r thereafter Failure to Submit Status Reports $50/day for first seven days; $100/day thereafter Failure to Submit Copy of WWTP SOP $50/day for first seven days; $100/day thereafter 4. The City and the Commission agree stipulated penalties are not due if the City satisfies to the Division of Water Resources 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 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 (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. City of Albemarle—Long Creek WWTP EMC SOC WQ S10-010 Ad H p.4 5. In accordance with the provisions of G.S. 143-215.67(b)the Commission allows the City to accept 0.5 MGD of additional wastewater to its waste treatment system during the plant upgrade: 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 may be accepted if the parameter(s)that exceed normal domestic strength wastewater are not those for which interim limitations have been developed and it can be demonstrated to the satisfaction of the Director the additional waste will not adversely affect the treatment efficiency of the treatment system for any modified parameter or result in the violation of any other permit limitation.All new and proposed industrial waste tributary to the system must be controlled using all needed mechanisms including but not limited to adoption and implementation of industrial waste control and pretreatment ordinances.No wastewater can be accepted which will add toxic pollutants in quantities not generally associated with domestic wastewater characteristics, unless the acceptance of the additional wastewater can be supported through appropriate analyses acceptable to the Director. 6. This Special Order by Consent and any terms, conditions, and interim effluent limitations contained herein,hereby supersede any and all previous Special Orders, Enforcement Compliance Schedule Letters,terms, conditions, and limitations contained therein issued in connection with NPDES Permit NC0024244. In the event of an NPDES Permit modification or renewal, any effluent limitations or monitoring requirements contained therein shall supersede those contained in Attachment A of this Special Order by Consent, except as modified and contained in paragraph 2(e) above. 7. Any violation of the terms of this Special Order by Consent, including paragraphs 2(c), 2(d)and 2(e) above and Attachment A may, upon the discretion of the Director,terminate paragraph five (5) of this Order. 8. 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). 9. The Permittee,upon signature of this Special Order by Consent,will be expected to comply with all schedule dates,terms, and conditions of this document. 10. This Special Order by Consent shall expire April 30,2016. For the City of Albemarle: Gerald R. Michael,Mayor Date For the North Carolina Environmental Management Commission: S. Jay an,A4-tuag-Director Date Division of ater Resources Attachment A WQ SOC S10-010 Ad II A. (L) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS -INTERIM During the period beginning on the effective date of the Special Order and lasting until March 31, 2016, the Permittee is authorized to discharge from outfall serial number 001. Such discharges shall be limited and monitored by the Permittee as specified below: =;EFFLUENTt: ,.QEF a;w;C:�" ;, , t. .:.:. .;•. -.EFFLUENT:�ti"',: M,ONITORING,'REQUIREM EN'T,St.0 . � .r. ;�-. t'-.Nlontfil`'; tY"`WeekI - :D.,i ;� y „ _ ys+ aly ,Measurementr'1.=>. _ �t r _ Avera e r Av„ - rSampleType .Sample,L'ocatiph � •:_ __ c_ _g.__ erage;. Maxiinurii,� ,Frequencyr' _ — . Flow 12.0 MGD Continuous Recording Influent or Effluent BOD,5 day,20°C(April 1 to October 31)2 15.0 mgll 35.0 mg/l Daily Composite Influent&Effluent BOD,5 day,20°C 25.0 mg/l 35.0 mg/I Daily Composite Influent&Effluent (November 1 to March 31)2 Total Suspended Solids2 35.0 mg/l 50.0 mg/I Daily Composite Influent&Effluent NH3 as N(summer& 5.0 mg/I 15.0 mg/I Daily Composite Effluent winter Dissolved Oxygen3 Daily Grab Effluent Dissolved Oxygenl See Note 1 Grab U, D1 &D2 Fecal Coliform(geometric 200/100 ml 400/100 ml Daily Grab Effluent mean Total Residual Chlorine4 18 ug/I Daily Grab Effluent Temperature Daily Grab Effluent Temperature' See Note 1 Grab U, D1 &D2 Total Nitrogen(NO2+NO3+ Monthly Composite Effluent TKN) Total Phosphorus Monthly Composite Effluent Chronic Toxicity5 Quarterly Composite Effluent Conductivity' See Note 1 Grab U, D1 &D2 Total Cadmium 2.2 /I 16.0 /I Monthly Composite Effluent Total Chromium 53.5 g/I 53.5 /I Monthly Composite Effluent Total Cyanide Quarterly Grab Effluent Total Lead Quarterly Composite Effluent Total Mercury 12 ng/I 12 ng/I Monthly Grab Effluent Total Nickel Quarterly Composite Effluent Total Selenium Quarterly Composite Effluent Total Copper Monthly Composite Effluent, U,D1 &D2 Total Silver Quarterly Composite Effluent Total Zinc Quarterly Composite Effluent Color(ADMI)1 See Note 1 Grab U&D3 Color(ADMI)6 2/Month Composite Effluent pH7 >6.0 and<9.0 standard units Daily Grab Effluent Note: Only those limits and conditions shown in bold have been modified from the terms of the NPDES Permit. All other limits, frequencies and conditions in NPDES Permit NCO024244 must be met. Additional footnotes are found on the next page. ATTACHMENT B City of Albemarle WWTP Improvements—Updated August 2015 Brief Proiect Description The first phase of the project consisted of replacement or construction of the following items: • Removal/Replacement of two (2) screw pumps at the main influent station located at the new section of the Albemarle WWTP. • Removal/Replacement of one (1) screw pump at each of the two Return Activated Sludge (RAS)pumping stations located at the new section of the Albemarle WWTP. • Two (2) distribution box modifications including replacement of nine (9) gates each. • Floating surface aerator removal and replacement of twenty four (24) units. Existing surface aerators are 40 Hp and the new replacement units shall be 60 Hp. • Modifications to repair the four (4) secondary clarifiers, these modifications will include removal/replacement of existing scraper plates. • Modifications to the tertiary effluent sand filters / or construction of new disc type tertiary effluent filter systems. Substantial completion of the above work was reached on 3/14/13. The second phase of the project will consist of constructing the following items: • Construction of one (1)new grit removal chamber with associated classifier. • Construction of two (2) new mechanical bar screen and retro-fitting one existing mechanical bar screen to a manual bar screen to act as the emergency bypass. • Removal/Replacement of two (2) screw pumps at the main influent station located at the new section of the Albemarle WWTP. Attachment A WQ SOC S10-010 Ad II A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS -INTERIM During the period beginning on the effective date of the Special Order and lasting until March 31, 2016, the Permittee is authorized to discharge from outfall serial number 001. Such discharges shall be limited and monitored by the Permittee as specified below: �r EFFLUENTS MONITORING�REQUIREMENT.St ~° C,HARACTERISTICSS; �:"" ?� t - ��, � > _�I_,-.. R-a•� -: k?s; CIMIT�S;' I IVIontFi' �Weeky' l' •.�- . .r.. y"' -- % Avera e: :- :Sam• Ie`T;" i.:Average:_ f _ s' g, Maximum•. Frequency _ p yp :Sam le'Locati'ori Flow 12.0 MGD Continuous Recording Influent or Effluent BOD,5 day,20°C(April 1 to October 31)2 15.0 mg/1 35.0 mg/1 Daily Composite Influent&Effluent BOD,5 day,20°C 25.0 mg/1 35.0 mg/1 Daily Composite Influent&Effluent (November 1 to March 31)2 Total Suspended Solids2 35.0 mg/l 50.0 mg/1 Daily Composite Influent&Effluent NH3 as N(summer& winter 5.0 mg/I 15.0 mgll Daily Composite Effluent Dissolved Oxygen3 Daily Grab Effluent Dissolved Oxygen See Note 1 Grab U, D1 &D2 Fecal Coliform(geometric 200/100 ml 400/100 ml Daily mean Grab Effluent Total Residual Chlorine4 18 ug/I Daily Grab Effluent Temperature Daily Grab Effluent Temperature' See Note 1 Grab U, D1 &D2 Total Nitrogen(NO2+NO3+ TKN Monthly Composite Effluent Total Phosphorus Monthly Composite Effluent Chronic Toxicity5 Quarterly Composite Effluent -Conductivity' See Note 1 Grab U, D1 &D2 Total Cadmium 2.2 /I 16.0 /I Monthly Composite Effluent Total Chromium 53.5 /I 53.5 /I Monthly Composite Effluent Total Cyanide Quarterly Grab Effluent Total Lead Quarterly Composite Effluent Total Mercury 12 ng/I 12 ng/I Monthly Grab Effluent Total Nickel Quarterly Composite Effluent Total Selenium i Quarterly Composite Effluent Total Copper Monthly Composite Effluent,U, D1 &D2 Total Silver Quarterly Composite Effluent Total Zinc Quarterly Composite Effluent Color(ADMI)l See Note 1 Grab U&D3 Color(ADMI)6 2/Month Composite Effluent pHA >6.0 and<9.0 standard units Daily Grab Effluent Note: Only those limits and conditions shown in bold have been modified from the terms of the NPDES Permit. All other limits, frequencies and conditions in NPDES Permit NCO024244 must be met. Additional footnotes are found on the next page.