NC0036641_Special Order By Consent_20180223

ROY COOPER
Ol e/710/
,� MICHAEL S. REGAN
1, Secl elmy
LINDA CULPEPPER
hi(el im Du eciol
Water Resources
ENVIRONMENTAL QUALITY
February 23, 2018
Mr. Gary P. Carlson
Fletcher Academy, Inc.
185 Fletcher Academy Drive
Fletcher, NC 28732
Subject: Special Order by Consent
EMC SOC WQ S17-006
Fletcher Academy WWTP
NPDES Permit NCO036641
Henderson County
Dear Mr. Carlson:
Attached for your records is your copy of the signed Special Order by Consent (SOC) approved by the
Environmental Management Commission.
The terms and conditions of the Order are in full effect, and you are reminded that all final permit limits
contained in the NPDES permit must be met except those modified by the conditions of the Order.
Additionally, as specified in paragraph 2(e) of the Order, a written notice of compliance or noncompliance
with any schedule date must be submitted to this office.
Pursuant to amended North Carolina General Statute 143-215.3D, water quality fees include a separate
annual fee for any permit covered under an SOC. Fletcher Academy will be subject to an annual SOC
administration fee of $250.00, in addition to its annual permit annual fee of $860.00. You will be billed for
this at a later date. If you have any questions about this matter, please contact Charles Weaver at (919)
807-6391.
S ccer ly,
Linda Culpepper
Interim Director
cc: Central Files
Asheville Regional Office / Landon Davidson
NPDES Files
State of North Carolina I Environmental Quality I Water Resources
1617 Mail Service Center I Raleigh, NC 27699-1617
919 807 6300 919-807-6389 FAX
https //deq.nc gov/about/divisions✓water-resources/water-resources-permits/wastewater-branch/npdes-wastewater-permits

NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF HENDERSON
IN THE MATTER OF
NORTH CAROLINA
NPDES PERMIT NCO036641
HELD BY FLETCHER ACADEMY, INC.)
SPECIAL ORDER BY CONSENT
EMC WQ S17-006
Pursuant to provisions of North Catolrna General Statute (G.S.) 143-215.2, this Special Order by
Consent is entered into by Fletcher Academy, Inc. and the North Carolina Environmental
Management Commission, an agency of the State of North Carolina created by G.S. 143B-282, and
hereinafter referred to as the Commission:
1. Fletcher Academy, Inc. (hereinafter the Permittee) and the Commission hereby stipulate the
following:
(a) That the Permittee holds North Carolina NPDES Permit NCO036641 for operation of
an existing wastewater treatment works at the Fletcher Academy WWTP and for
making an outlet therefrom for treated wastewater to Byers Creek, currently classified
C waters of this State in the French Broad River Basin. The Permittee is unable to
comply with the final effluent limitations for BOD -5 day and NH3-N set forth in the
Permit Compliance has not been achieved by implementation of numerous changes
to plant operation and maintenance, elimination of some contributing sources, and
other attempts to respond to NC DEQ technical assistance visits. Compliance requires
closure of the existing wastewater treatment works, connection to the Cane
Creek/Henderson County municipal sewer via the proposed Mud Creek Interceptor
Project, and a request for rescission of permit N00036641. Construction of the Mud
Creek Interceptor Project will be facilitated by the Memorandum of Agreement
between The Cane Creek Water and Sewer District (CCW&SD) and the Permittee
signed on December 5, 2016.
(b) That noncompliance with final effluent limitations constitutes causing and
contributing to pollution of the waters of this State named above, and the Permittee is
within the jurisdiction of the Commission asset forth in G.S Chapter 143, Article 21.
(c) That CCW&SD has adequate financing for completion of the construction of the Mud
Creek Interceptor for conveyance of wastewater from the existing wastewater
treatment works at the Fletcher Academy WWTP to the sewer owned and operated
by CCW&SD and ultimately sewer and wastewater treatment facilities owned and
operated by the Metropolitan Sewerage District of Buncombe County (MSD).
(d) That CCW&SD has secured approval from MSD to utilize any sewer conveyance
system and treatment facilities required to treat all flow currently treated by the

existing wastewater treatment
(e) Since this Special Order is by
case or for judicial review coi
2. The Permittee, desiring to comply
agrees to do the following:
SOC WQ S17-006
at the Fletcher Academy WWTP.
, neither party will file a petition for a contested
its terms.
the permit identified in paragraph 1(a) above, hereby
(a) Comply with all terms and/conditions of the permit except those effluent limitations
identified in paragraph 1(a) above. See attachment A for all current monitoring
requirements and effluent imitations. The permittee may also be required to monitor
for other parameters as deemed necessary by the Director in future permits or
administrative letters.
(b) Undertake the following activities in accordance with the indicated time schedule:
1) The following activities shall be started no later than June 30, 2018•
■ Begin construction of Mud Creek Interceptor project.
2) The following activities shall be started no later than December 31, 2019:
■ Cease operation of the existing wastewater treatment works at the Fletcher
Academy WWTP.
■ Connect t/o the proposed Mud Creek Interceptor and begin discharge of all
effluent �ia the municipal sewer.
■ Within 90 days of connection with the proposed Mud Creek Interceptor,
work w�th the DEQ Asheville Regional office to sample remaining lagoon
sludge/per DEQ protocol and dispose of or leave in place as appropriate.
Complete closure of the lagoon within 90 days of approval by DEQ
Asheville Regional Office of closure plan.
3) Submit V4o ress reports no later than 14 calendar days after any date
in 2(b)(V-2), to the Director of DWQ indicating compliance or nonce
therewith. In the case of noncompliance the notice shall include a
of the reason(s) for noncompliance remedial action(s) taken and a
identifying the extent to which subsequent dates or times for accompli
(c) During the' time in which this Special Order by Consent is effective, comply with the
interim effluent limitations contained in Attachment A. Under this Special Order of
Consent, /61-1 the parameters listed below have been modified from the most
current 7DES Permit in effect. The following reflects only the linutations that
have been modified from NPDES requirements by this Order:
Page 2 of 4

SOC WQ S17-006
(d) As a settlement of all unresolved enforcement cases for NPDES Permit NCO036641
prior to entering into this Special Order by Consent, the Permittee agrees to pay the
sum of $5,974.04. A certified check must accompany the signed copy of the SOC.
The check should be made payable to the NC Department of Environmental Quality
and mailed (with signed copy of the SOC) to the Director of DWR at 1617 Mail
Service Center, Raleigh, North Carolina 27699-1617.
3 The Permittee agrees that unless excused under paragraph 4, the Permittee shall pay the
Director, by check payable to the North Carolina Department of Environmental Quality,
according to the following schedule for failure to meet the deadlines outlined in Section
2(b)(1-3) or failure to attain compliance with the effluent limitations/monitoring requirements
contained in Attachment A.
SOC violation
Stipulated Penalty
Permit Limits
Modified Limits (SOC)
Parameter
Units
Monthly Avg Daily Max
Monthly Avg Daily Max
BOD -5 day
mg/L
30.0 45.0
70.0 100.0
NH3-N (Summer)
mg/L
3.8 190
10.0 24.0
NH3-N (Winter)
mg/L
11.0 35.0
20.0 35.0
(d) As a settlement of all unresolved enforcement cases for NPDES Permit NCO036641
prior to entering into this Special Order by Consent, the Permittee agrees to pay the
sum of $5,974.04. A certified check must accompany the signed copy of the SOC.
The check should be made payable to the NC Department of Environmental Quality
and mailed (with signed copy of the SOC) to the Director of DWR at 1617 Mail
Service Center, Raleigh, North Carolina 27699-1617.
3 The Permittee agrees that unless excused under paragraph 4, the Permittee shall pay the
Director, by check payable to the North Carolina Department of Environmental Quality,
according to the following schedule for failure to meet the deadlines outlined in Section
2(b)(1-3) or failure to attain compliance with the effluent limitations/monitoring requirements
contained in Attachment A.
SOC violation
Stipulated Penalty
Failure to meet a schedule date
$100/day for the first 7 days;
$500/day thereafter
Failure to maintain compliance with any
$1000/violation
modified limit contained in the SOC.
Failure to achieve compliance with
Single monetary value of $2000.00
effluent limits at final compliance
deadline
Monitoring frequency violations
$1000.00 per omitted value per arameter
Failure to submit progress reports
$100/day for the first 7 days; —j
$250/day thereafter
4. The Permittee and the Commission agree that the stipulated penalties are not due if the
Permittee satisfies the Division 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. This defense shall not be available if
the act or omission is that of an employee or agent of the Permittee, 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
C. Any combination of the above causes.
Page 3 of 4

c,.
SOC WQ S17-006
Failure within 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 30 days has elapsed.
5. 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.
6. This Special Order by Consent and any terms, conditions and interim effluent limitations
contained herein, hereby supersede any and all previous Special Orders issued in connection
with NPDES Permit NC0036641. .
7. The Permittee, upon signature of the Special Order by Consent, will be expected to comply
with all schedule dates, terms, and conditions of this document.
This Special Order by Consent shall expire on February 1, 2020.
For Fletcher Academy, Inc.
a
(Print Name
(Title)
r-62 C ) �o r-
Official)
of Signing Official)
Date /0 "/ 7 - - o 17
For the North Carolina Environmental Management Commission
� ( L Date 0/ji/ao/k-
Chair the Commission
Page 4 of 4