NC0031879_Compliance Agreement C14-001 2015_20150601

NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF MCDOWELL
IN THE MATTER OF )
NORTH CAROLINA ) COMPLIANCE AGREEMENT
NPDES PERMIT NC0031879 ) File Number C 14-001,Ad I
HELD BY THE CITY OF MARION )
Pursuant to provisions of North Carolina General Statute§ 143-215.3(a)(6),this Amendment to a
Compliance Agreement is entered into by the City of Marion,herein referred to as the City, and
the North Carolina Environmental Management Commission, an agency of the State of North
Carolina created by N.C. General Statute § 143B-282, and hereinafter referred to as the
Commission:
1. The City and the Commission hereby agree to the following findings:
(a.) The City holds North Carolina NPDES permit NC0031879 for operation of the Corpening
Creek wastewater treatment plant(WWTP)and for making an outlet therefrom for the
discharge of treated wastewater to Corpening Creek,Class C waters of this State in the
Catawba River Basin.
(b.) Effluent limits included as terms of NPDES permit NC0031879 have been established as
those concentrations and/or loadings of pollutants in that may be discharged into the receiving
stream without causing applicable water quality standards to be contravened.
(c.) The Corpening Creek WWTP has been noncompliant with the effluent limits contained in
NPDES permit NC0031879 since January 2013 in the manner and to the extent described in
Attachment A to this Amendment.
(d.) Effluent limit violations are often associated with wet weather events and large volumes of
extraneous flow resulting from inflow and infiltration(I&I)within the City's collection
system. Surge flow due to I&I leads to washout of solids from the WWTP and creates
conditions not conducive for the efficient performance of treatment organisms.
(e.) The City historically has recognized issues associated with I&I and its management within the
collection system. The City completed a targeted I&I removal project in 2009.
(f.) The City has renewed investigations of its collection system to identify sources of I&I,and is -
repairing minor and accessible sources in place as they are identified.
(g.) On March 20,2014,(revised April 2,2014)the City submitted a corrective action plan for
returning the facility to consistent compliance with the terms of the NPDES permit.
(h.) On May 8,2014,the City and the Commission entered into Compliance Agreement CA14-
001 as a framework and means for the City to address issues associated with I&I in the
collection system and related effluent limit violations.

City of Marion Compliance Agreement C14-001,Ad I
NC0031879
p.2
(i.) To date,the City has satisfied the terms of CA14-001,identifying and eliminating sources of
I&I in the collection system,and significantly reducing the number of effluent limit violations
occurring at the WWTP. However,inspections and testing performed to date have indicated
additional work will be required in order to fully address issues associated with the City's
collection system.
2. Based upon the above findings,the City and the Commission agree to this Compliance Agreement
Amendment,implementing the following schedule [based upon the plan of action described in 1.(g.)
above,as modified per the terms of CA 14-0011:
(a.) Continue testing(smoke testing,dye testing,video)portions of the collection system and
document results of testing. Remove sources of I&I in place where possible.
(b.) Continue to conduct flow studies within the collection system.
(c.) Continue with the evaluation and categorization of testing results.
(d.) Submit an updated/detailed plan of action to the Asheville Regional Office and the Central
Office by October 31,2015. The plan should be based upon the results of studies conducted
and information acquired since the execution of CA14-001,and shall consist of two parts:
(1.) Collection System. The plan should provide details regarding:
• the scope and complexity of repairs to be made
• prioritization given to particular projects
• whether the City will perform its own repairs or contract for service.
Cost projections should also be provided,as well as the source(s)of funding for the repairs.
(2.) Wastewater Treatment Plant. The plan should include an overview of existing treatment
units,their operation,and their current efficiency. Discussions should be provided
regarding the potential for gaining improved performance from existing treatment units
and any need for upgraded facilities.
(e.) Secure permits for any permitted activities associated with the project in an expeditious
fashion as necessary,but by no later than December 31,2015.
(f.) Begin construction of major and/or permitted projects by January 15,2016.
(g.) Continue to provide progress reports to the Asheville Regional Office on a monthly basis,
documenting activities performed during the preceding month,and submitted by the 10th day
of the month.
(h.) Provide a final report that summarizes activities conducted per the terms of the CA14-001 and
this Amendment,including estimated flow reductions,by April 30,2016.
(i.) Return to consistent compliance or enter into a Special Order by Consent no later than July
31,2016. "Consistent compliance"as stated above is defined as being compliant with all
terms and conditions of NPDES permit NC0031879, as primarily evidenced by data submitted
on Discharge Monitoring Reports(DMRs),for the months April2016 through June 2016.

City of Marion Compliance Agreement C14-001,Ad I
NC0031879
p. 3
3. Nothing in this Agreement relieves the City of its duty to abide by the terms of NPDES permit
NC0031879. Noncompliance with the terms of the NPDES permit may subject the City to the
assessment of additional civil penalties during the time this Agreement is in effect.However,the
Division will use discretion in its consideration of civil penalty assessments for violations of permit
limits associated with wet weather events that occur during the life of the Agreement.
4. Failure to comply with the terms of this Agreement may subject the City to the assessment of
additional civil penalties pursuant to Part II, Section B(2.)(the"Duty to Mitigate"condition)of
NPDES permit NC0031879.
5. Requests,actions and or reports required by the terms of paragraph 2 above shall be deemed overdue
if they are not made,completed or submitted by the dates specified. The burden for providing
sufficient documentation of the satisfaction of the terms of this Agreement is held entirely by the
City.
6. Because this is an Agreement between the Commission and the City,neither party will file a petition
for a contested case or for judicial review concerning its terms.
7. The City may request an extension/modification to this Agreement. Such request must be made in
writing to the Division of Water Resources' Asheville Regional Office. The request must include
reasons for the extension/modification and state when compliance with the NPDES permit will be
achieved. Any extension/modification must be approved in writing by the Director of the Division of
Water Resources or his designee in order to be effective.
8. This Agreement shall expire August 31,2016.
For The City of Marion
� ``,.� �� Date (S/22/ / c
J.Ro•. Boyette a
Ci anager
For the North Carolina Environmental Management Commission
Date
Jeffrey O. Poupart
Section Chief
Water Quality Permitting Section
North Carolina Division of Water Resources
for the Chair of the Commission

Attachment A
Compliance Agreement C14-001 Ad 1
City of Marion-Corpening Creek WWTP
NPDES Permit NC0031879
DMR Parameter Violation Limit Reported Units of %Over Limit Violation Type
Month Date Value Measure
01-2013 Total Suspended Solids 01/19/13 45.0 81.38 mg/I 80.84 Weekly Average
02-2013 Total Residual Chlorine 02/26/13 25.0 206. ug/I 724.00 Daily Maximum
02-2013 Total Suspended Solids 02/28/13 30.0 33.46 mg/I 11.55 Monthly Average
03-2013 Ammonia Nitrogen 03/31/13 3.0 3.16 mg/I 5.50 Monthly Average
03-2013 Total Suspended Solids 03/02/13 45.0 118.52 mg/I 163.38 Weekly Average
04-2013 Ammonia Nitrogen 04/13/13 4.2 6.98 mg/I 66.19 Weekly Average
04-2013 Ammonia Nitrogen 04/27/13 4.2 9.5 mg/I 126.19 Weekly Average
04-2013 Ammonia Nitrogen 04/30/13 1.4 6.56 mg/I 368.83 Monthly Average
04-2013 Total Suspended Solids 04/30/13 30.0 44. mg/I 46.67 Monthly Average
05-2013 Ammonia Nitrogen 05/04/13 4.2 7.98 mg/I 90.00 Weekly Average
05-2013 Ammonia Nitrogen 05/11/13 4.2 5.04 mg/I 20.00 Weekly Average
05-2013 Ammonia Nitrogen 05/25/13 4.2 7.16 mg/I 70.48 Weekly Average
05-2013 Ammonia Nitrogen 05/31/13 1.4 5.04 mg/I 260.06 Monthly Average
05-2013 Total Suspended Solids 05/04/13 45.0 160.14 mg/I 255.87 Weekly Average
05-2013 Total Suspended Solids 05/11/13 45.0 469.3 mg/I 942.89 Weekly Average
05-2013 Total Suspended Solids 05/31/13 30.0 110.17 mg/1 267.24 Monthly Average
06-2013 Ammonia Nitrogen 06/08/13 4.2 4.68 mg/I 11.43 Weekly Average
06-2013 Ammonia Nitrogen 06/15/13 4.2 4.54 mg/I 8.10 Weekly Average
06-2013 Ammonia Nitrogen 06/30/13 1.4 2.84 mg/I 102.50 Monthly Average
06-2013 Fecal Coliform 06/15/13 400. 488.51 #/100m1 22.13 Weekly Geometric Mean
06-2013 pH 06/12/13 6.0 5.9 su 1.67 Daily Minimum Not Reached
06-2013 pH 06/13/13 6.0 5. su 16.67 Daily Minimum Not Reached
06-2013 pH 06/14/13 6.0 5.1 su 15.00 Daily Minimum Not Reached
09-2013 Ammonia Nitrogen 09/14/13 4.2 9.6 mg/I 128.57 Weekly Average
09-2013 Ammonia Nitrogen 09/21/13 4.2 6.52 mg/I 55.24 Weekly Average
09-2013 Ammonia Nitrogen 09/28/13 4.2 6.98 mg/I 66.19 Weekly Average
09-2013 Ammonia Nitrogen 09/30/13 1.4 6.81 mg/I 386.07 Monthly Average
09-2013 Dissolved Oxygen 09/04/13 5.0 4.2 mg/I 16.00 Daily Minimum Not Reached

Attachment A, p.2
Compliance Agreement C14-001 Ad 1
City of Marion-Corpening Creek WWTP
NPDES Permit NC0031879
DMR Parameter Violation Limit Reported Units of oda Over Limit Violation Type
Month Date Value Measure
10-2013 Ammonia Nitrogen 10/05/13 4.2 6.68 mg/I 59.05 Weekly Average
10-2013 Ammonia Nitrogen 10/12/13 4.2 8.92 mg/I 112.38 Weekly Average
10-2013 Ammonia Nitrogen 10/31/13 1.4 3.53 mg/I 151.86 Monthly Average
11-2013 BOD, 5-Day(20 Deg. C) 11/30/13 45.0 73.33 mg/I 62.96 Weekly Average
11-2013 Total Suspended Solids 11/30/13 30.0 65.22 mg/I 117.39 Monthly Average
11-2013 Total Suspended Solids 11/30/13 45.0 372.67 mg/I 728.15 Weekly Average
04-2014 Total Residual Chlorine 04/08/14 25.0 50.00 ug/I 100.00 Daily Maximum
04-2014 Total Suspended Solids 04/12/14 45.0 75.68 mg/I 68.18 Weekly Average
05-2014 Ammonia Nitrogen 05/10/14 4.2 6.80 mg/I 61.90 Weekly Average
05-2014 Ammonia Nitrogen 05/17/14 4.2 11.94 mg/I 184.29 Weekly Average
05-2014 Ammonia Nitrogen 05/31/14 4.2 5.80 mg/I 38.10 Weekly Average
05-2014 Ammonia Nitrogen 05/31/14 1.4 6.27 mg/I 347.62 Monthly Average
05-2014 Total Residual Chlorine 05/20/14 25.0 56.00 ug/l 124.00 Daily Maximum
05-2014 Total Residual Chlorine 05/27/14 25.0 50.00 ug/I 100.00 Daily Maximum
06-2014 Ammonia Nitrogen 06/07/14 4.2 6.08 mg/I 44.76 Weekly Average
06-2014 Ammonia Nitrogen 06/14/14 4.2 9.20 mg/I 119.05 Weekly Average
06-2014 Ammonia Nitrogen 06/21/14 4.2 5.84 mg/I 39.05 Weekly Average
06-2014 Ammonia Nitrogen 06/28/14 4.2 8.30 mg/l 97.62 Weekly Average
06-2014 Ammonia Nitrogen 06/30/14 1.4 7.35 mg/I 424.83 Monthly Average
01-2015 Total Cyanide 01/10/15 7.5 15.00 ug/I 100.00 Weekly Average
01-2015 Total Suspended Solids 01/03/15 45.0 82.32 mg/I 82.94 Weekly Average
03-2015 Total Cyanide 03/07/15 7.5 11.00 ug/I 46.67 Weekly Average