WQ0019665_Final Permit_20060526

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7
May 26, 2006
Carl M. Cahoon, Jr.
Swan Quarter Sanitary District
P.O. Box 21
Swan Quarter, NC 27885-0021
Dear Mr. Cahoon:
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W_ Klimek, P.E. Director
Division of Water Quality
Subject: Permit No. WQ0019665
Swan Quarter Sanitary District
Wastewater Surface Irrigation
Hyde County
In accordance with your permit renewal request received March 16, 2006, and subsequent
additional information received April 18, 2006, we are forwarding herewith Permit No. WQ0019665,
dated May 26, 2006, to Swan Quarter Sanitary District for the continued operation of the subject
wastewater treatment and surface irrigation facilities.
This permit shall be effective from the date of issuance until April 30, 2011, shall void Permit No.
WQ0019665 issued September 2I, 2001, and shall be subject to the conditions and limitations as
specified therein. Please pay particular attention to the monitoring requirements in this permit. Failure to
establish an adequate system for collecting and maintaining the required operational information will
result in future compliance problems.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the
right to request an adjudicatory hearing upon written request within thirty (30) days following receipt of
this permit. This request must be in the form of a written petition, conforming to Chapter 150B of the
North Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service
Center, Raleigh, NC 27699-6714. Unless such demands are made this permit shall be final and binding.
One set of approved plans and specifications is being forwarded to you. If you need additional
information concerning this matter, please contact Matthew Fleahman at [phone].
Sinc re
-Alan W. Klimek, P.E.
cc: Hyde County Health Department
Washington Regional Office, Aquifer Protection Section
Technical Assistance and Certification Unit
APS Central Files
LAU Files
NorthCarolina
,Naturally
Aquifer Protection Section 1630 Mail Service Center Raleigh, NC 27699-1636 Phone [phone] Customer Service
Internet: h2o.cnr.state.nc.us 2728 Capital Boulevard Raleigh, NC 27604 FAX [phone]
An Equal opportunitylAf rmative Action Employer — 50% Recycled/10% Post Consumer Paper

NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
RALEIGH
SURFACE IRRIGATION SYSTEM PERMIT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as
amended, and other applicable Laws, Rules, and Regulations
PERMISSION IS HEREBY GRANTED TO
Swan Quarter Sanitary District
Hyde County
FOR THE
continued operation of a 125,000 GPD spray irrigation system which consists of the following:
a wastewater treatment facility, consisting of an influent flow meter, a seven -acre facultative treatment
lagoon and a seven -acre storage lagoon, each with a 325,000 square foot synthetic geomembrane 40 mil
liner, chlorine contact tank with chlorine gas storage unit and feeder system, an effluent flowmeter, an
effluent irrigation pump station with two 900 gpm pumps, all associated piping and appurtenances; and
distribution piping for spray irrigation of 125,000 GPD onto 58.1 acres, which consists of 5,300 linear
feet of 8-inch force main, 21,960 linear feet of 6-inch sanitary sewer force main serving as spray
irrigation laterals and 333 sprinkler nozzles, all associated appurtenances; and
approximately 26,000 linear feet of field drainage ditches and approximately 7,000 linear feet of collector
canal, which drains to a dewatering lift station with two 5,500 gpm pumps and 70 linear feet of 36-inch
RCP pipe; to serve
the Swan Quarter Sanitary District with no discharge of wastes to the surface waters, pursuant to the
application received March 16, 2006, and subsequent additional information received by the Division, and
in conformity with the project plan, specifications, and other supporting data subsequently filed and
approved by the Department of Environment and Natural Resources and considered a part of this permit.
This permit shall be effective from the date of issuance until April 30, 2011, shall void Permit No.
WQ0019665 issued September 21, 2001, and shall be subject to the following specified conditions and
limitations:

1. PERFORMANCE STANDARDS
The surface irrigation facilities shall be effectively maintained and operated at all times so that there
is no discharge to the surface waters, nor any contamination of ground waters, which will render them
unsatisfactory for normal use. In the event that the facilities fail to perform satisfactorily, including
the creation of nuisance conditions or failure of the irrigation area to adequately assimilate the
wastewater, the Permittee shall take immediate corrective actions including those actions that may be
required by the Division of Water Quality, such as the construction of additional or replacement
wastewater treatment and disposal facilities.
2. The issuance of this permit shall not relieve the Permittee of the responsibility for damages to surface
or ground waters resulting from the operation of this facility.
3. The residuals generated from these treatment facilities must be disposed in accordance with General
Statute 143-215.1 and in a manner approved by the Division.
4. Diversion or bypassing of the untreated wastewater from the treatment facilities is prohibited.
5. The following buffers shall be maintained:
a) 400 feet between wetted area and any residence or places of public assembly under separate
ownership,
b) 150 feet between wetted area and property lines,
c) 100 feet between wetted area and wells,
d) 100 feet between wetted area and drainage ways or surface water bodies,
e) 50 feet between wetted area and public right of ways,
f) 100 feet between treatment/storage units and any wells, and
g) 50 feet between treatment units and property lines.
Some of the buffers specified above may not have been included in previous permits for this waste
treatment and disposal system. These buffers are not intended to prohibit or prevent modifications,
which are required by the Division, to improve performance of the existing treatment facility. These
buffers do, however, apply to modifications of the treatment and disposal facilities that are for the
purpose of increasing the flow that is tributary to the facility. These buffers do apply to any
expansion or modification of the irrigation areas and apply in instances in which the sale of property
would cause any of the buffers now complied with, for the treatment and disposal facilities, to be
violated. The applicant is advised that any modifications to the existing facilities will require a permit
modification.
b. The disposal system shall be connected to a rain or moisture sensor that shall indicate when
wastewater application is not appropriate in accordance with Condition H(4) of this permit.
EL OPERATION AND MAINTENANCE REQUIREMENTS
1. The facilities shall be properly maintained and operated at all times.
2. Should the spray irrigation system be damaged, the influent flow rates should never exceed the
available disposal capacity based on a maximum cumulative loading rate of 32.5 inches per acre over
any twelve-month period. If the operable zones ever exceed the loading rates or cause other
violations, the permittee shall take immediate actions to repair and restore the damaged spray
equipment to accommodate influent flows.

3. Upon classification of the wastewater treatment and irrigation facilities by the Water Pollution.
Control System Operators Certification Commission (WPCSOCC), the Permittee shall designate and
employ a certified operator to be in responsible charge (ORC) and one or more certified operator(s) to
be back-up ORC(s) of the facilities in accordance with 15A NCAC 8G .020I. The ORC shall visit
the facilities in accordance with 15A NCAC 8G .0204 or as specified in this permit and shall comply
with all other conditions specified in these rules.
4. A suitable year round vegetative cover shall be maintained.
5. Irrigation shall not be performed during inclement weather or when the ground is in a condition that
will cause runoff.
6. Adequate measures shall be taken to prevent wastewater runoff from the irrigation field.
7. The facilities shall be effectively maintained and operated as a non -discharge system to prevent the
discharge of any wastewater resulting from the operation of this facility.
8. The application rate shall not exceed a cumulative loading of 32.5 inches over any twelve (12) month
period at an instantaneous application rate not to exceed 0.25 inches per hour.
9. No type of wastewater other than that from Swan Quarter Sanitary District's sewer system shall be
irrigated onto the irrigation area.
10. No traffic or equipment shall be allowed on the disposal area except while installation occurs or while
normal maintenance is being performed.
IL Public access to the land application sites shall be controlled during active site use. Such controls
may include the posting of signs showing the activities being conducted at each site.
12. Freeboard in the lagoon dikes shall not be less than two feet: at any time.
13. An agronomic plan shall be developed which maximizes the assimilative capacity of the nutrients in
the wastewater through crop growth, crop harvesting, etc.
14. The flow measurement device shall be calibrated annually by a representative of a firm that is
routinely engaged in the calibration of flow measurement devices. Records of this calibration,
including all information pertinent to the calibration, shall be available during any inspection by
Division staff.
15. The system of drainage ditches and canals which surrounds the spray fields and the corresponding
dewatering pump station shall be effectively maintained at all times, to include regular maintenance
of the ditch/canal side slopes and maintaining the ditch/canal bottom elevation as established in the
design. If ditch/canal erosion or siltation becomes problematic, geotextiles or similar may be required
for stabilization purposes.
16. A staff gauge shall be installed in the storage lagoon within sixty days of issuance of this permit.
Elevations should be shot of the treatment and storage lagoons to determine the lowest point of the
lagoons. Elevations should be shot of the invert of the pipe in the treatment lagoon which discharges
into the storage lagoon to insure the two feet of freeboard. Documentation shall be mailed to the
Washington Regional Office once this condition is met.
111. MONITORING AND REPORTING REQUIREMENTS
1. Any monitoring (including groundwater, surface water, soil or plant tissue analyses) deemed
necessary by the Division to insure surface and ground water protection will be established and an
acceptable sampling reporting schedule shall be followed.

2. Influent flow shall be continuously monitored and daily average flow values shall be reported on
Form NDMR. Flow may be estimated from water use records provided water use is metered. Daily
average values shall be calculated by dividing monthly flow volume by the number of days in the
month.
3. The effluent from the subject facilities shall be monitored by the Permittee at the point prior to
irrigation every month for the following parameters:
Parameter
Sampling Point
Sampling Frequency
Type of Sample
Flow
Influent or Effluent
Continuous
Recording
BODS (5-day, 20°C)
Effluent
2/Month
Composite
NH3 as N
Effluent
2/Month
Composite
TSS
Effluent
2/Month
Composite
Fecal Coliform
Effluent
2/Month
Grab
Settleable Matter
Effluent
*Daily
Grab
Residual Chlorine
Effluent
*Daily
Grab
NO3 as N
Effluent
Monthly
Composite
TKN
Effluent
Monthly
Composite
TDS
Effluent
Monthly
Grab
- TOC
Effluent
Monthly
Grab
Chloride
Effluent
Monthly
Grab
pH
Effluent
*Daily
Grab
*Daily is interpreted to mean every day that wastewater is Iand applied via spray irrigation.
The effluent pH shall not be less than 6.0 standard units nor greater than. 9.0 standard
units.
If groundwater sampling indicates or predicts problems with compliance with the
groundwater standards, this permit may be modified to include additional and/or more
restrictive limitations.
4. The Permittee tracking the amount of wastewater disposed shall maintain adequate records. These
records shall include, but are not necessarily limited to, the following information:
a. Date of irrigation,
b. Volume of wastewater irrigated,
c. Field irrigated,
d. Length of time field is irrigated,
e_ Continuous weekly, monthly, and year-to-date hydraulic (inches/acre) loadings for each field,
f. Weather conditions, and
g. Maintenance of cover crops.
5. Freeboard in the lagoon dikes shall be recorded weekly.
6. Three (3) copies of all monitoring data [as specified in Conditions IH(2) and M(3)) on Form NDMR-
I and three (3) copies of all operation and disposal records [as specified in Conditions IH(4) and
11I(5)] on Form NDAR-1 shall be submitted on or before the last day of the following month. All
information shall be submitted to the following address:
4

Division of Water Quality
Information Processing Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
7. An annual representative soils analysis (Standard Soil Fertility Analysis) shall be conducted on each
irrigation field and the results maintained on file by the Permittee for a minimum of five years. The
Standard Soil Fertility Analysis shall include, but is not necessarily limited to, the following
parameters:
Acidity
Manganese
Potassium
Calcium
Percent Humic Matter
Sodium
Copper
PH
Zinc
Magnesium
Base Saturation (by calculation)
Phosphorus
Cation Exchange Capacity
Exchangeable Sodium Percentage
8. A record shall be maintained of all residuals removed from this facility. The record shall include the
name of the hauler, the permit authorizing the disposal or a letter from a municipality agreeing to
accept the residuals, the date the residuals were hauled, and the volume of residuals removed.
9. Noncompliance Notification:
The Permittee shall report by telephone to the Washington Regional Office, telephone number (252)
946-6481, as soon as possible, but in no case more than 24 hours or on the next working day
following the occurrence or first knowledge of the occurrence of any of the following:
a. Any occurrence at the wastewater treatment facility which results in the treatment of significant
amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the
contents of a sludge digester; the known passage of a slug of hazardous substance through the
facility; or any other unusual circumstances.
b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of
adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators,
compressors, etc.
c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass directly to
receiving waters without treatment of all or any portion of the influent to such station or facility.
d. Any time that self -monitoring information indicates that the facility has gone out of compliance
with its permit limitations.
Occurrences outside normal business hours may also be reported to the Division's Emergency
Response personnel at telephone number [phone], [phone], or [phone].
Persons reporting such occurrences by telephone shall also file a written report in letter form within
five (5) days following first knowledge of the occurrence. This report must outline the actions taken
or proposed to be taken to ensure that the problem does not recur.
IV. GROUNDWATER REQUIREMENTS
1. Monitoring wells MW-1, MW-2, MW-3, MW-4, MW-5, and MW-6 shall be sampled every March,
July, and November for the following parameters:
Water Level*
Chloride
Total Ammonia (as N)
Total Dissolved Solids (TDS)
PH
Fecal Coliform
Nitrate (NO3-N)
Total Organic Carbon (TOC)

*The measurement of water levels must be made prior to sampling for the remaining parameters. The
depth to water in each well shall be measured from the surveyed point on the top of the casing.
If TOC concentrations greater than 10mg/L are detected in any downgradient monitoring well (MW-
1, MW-2, MW-3, and MW-4 only), additional sampling and analysis may be required to identify the
individual constituents comprising this TOC concentration. If the TOC concentration as measured in
the background monitoring well exceeds 10mg/L, this concentration will be taken to represent the
naturally occurring TOC concentration. Any exceedances of this naturally occurring TOC
concentration in the downgradient wells shall be subject to the additional sampling and analysis as
described above.
The results of the sampling and analysis must be received on Form GW-59 (Groundwater Quality
Monitoring; Compliance Report Form) on or before the last working day of the month following the
sampling month. Send all forms to:
Division of Water Quality
Information Processing Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
2. Drainage channel surface water shall be sampled every March, July, and November for the following
parameters:
Water Level* pH
Chloride Fecal Coliform
Total Ammonia (as N) Nitrate (NO3-N)
Total Dissolved Solids (TDS) Total Organic Carbon (TOC)
*The depth to water shall be measured as the depth of the water surface in the channel below the
surveyed top of stake mark, as established as a permanent stake in the channel.
SW-1 sampling pint is located in the large collector canal just prior to the canal dewatering pump
station. SW-2 sampling point is located in the field ditch between Spray Fields 6 and 7, about 100
feet prior to drainage into the collector canal along the eastern property boundary.
The results of the sampling and analysis must be received on Form GW-59 (Groundwater Quality
Monitoring; Compliance Report Form) on or before the last working day of the month following the
sampling month. Send all forms to:
Division of Water Quality
Information Processing Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
3. The Compliance Boundary for the disposal system is specified by regulation in 15A NCAC 2L,
Groundwater Classifications and Standards. The Compliance Boundary for the disposal system
individually permitted after December 31, 1983 is established at either (1) 250 feet from the waste
disposal area, or (2) 50 feet within the property boundary, whichever is closest to the waste disposal
area. An exceedance of Groundwater Quality Standards at or beyond the Compliance Boundary is
subject to immediate remediation action in addition to the penalty provisions applicable under
General Statute 143-215.6A(a)(1).
In accordance with 15A NCAC 2L, a Review Boundary is established around the disposal systems
midway between the Compliance Boundary and the perimeter of the waste disposal area. Any
exceedance of standards at the Review Boundary shall require remediation action on the part of the
permi ttee.

V. INSPECTIONS
1. Adequate inspection, maintenance, and cleaning shall be provided by the Permittee to insure proper
operation of the subject facilities.
2. The Permittee or his designee shall inspect the wastewater treatment and disposal facilities to prevent
malfunctions and deterioration, operator errors and discharges which may cause or lead to the release
of wastes to the environment, a threat to human health, or a nuisance. The Permittee shall keep an
inspection log or summary including at least the date and time of inspection, observations made, and
any maintenance, repairs, or corrective actions taken by the Permittee. This log of inspections shall
be maintained by the Pcrmittee for a period of three years from the date of the inspection and shall be
made available upon request to the Division or other permitting authority.
3. Any duly authorized officer, employee, or representative of the Division may, upon presentation of
credentials, enter and inspect any property, premises or place on or related to the disposal site or
facility at any reasonable time for the purpose of determining compliance with this permit; may
inspect or copy any records that must be maintained under the terms and conditions of this permit,
and may obtain samples of groundwater, surface water, or leachate.
VI. GENERAL CONDITIONS
This permit shall become voidable unless the facilities are constructed in accordance with the
conditions of this permit, the approved plans and specifications, and other supporting data.
2. This permit is effective only with respect to the nature and volume of wastes described in the
application and other supporting data.
3. This permit is not transferable. In the event there is a desire for the facilities to change ownership, or
there is a name change of the Permittee, a formal permit request must be submitted to the Division
accompanied by an application fee, documentation from the parties involved, and other supporting
materials as may be appropriate. The approval of this request will be considered on its merits and
may or may not be approved.
4. Failure to abide by the conditions and Iimitations contained in this permit may subject the Permittee
to an enforcement action by the Division in accordance with North Carolina General Statute 143-
2I5.6A to 143-215.6C.
5. The issuance of this permit does not exempt the Permittee from complying with any and all statutes,
rules, regulations, or ordinances which may be imposed by other government agencies (local, state,
and federal) which have jurisdiction, including but not limited to applicable river buffer rules in 15A
NCAC 2B .0200, erosion and sedimentation control requirements in 15A NCAC Chapter 4 and under
the Division's General Permit NCGO10000, and any requirements pertaining to wetlands under 15A
NCAC 2B .0200 and 2H .0500.
6. The Permittee shall retain a set of approved plans and specifications for the life of the project.
7. The Pennittee must pay the annual administering and compliance fee within thirty (30) days after
being billed by the Division. Failure to pay the fee accordingly may cause the Division to initiate
action to revoke this permit as specified by 15A NCAC 2H .0205 (c)(4).
8. The Permittee, at least six (6) months prior to the expiration of this permit, shall request its extension.
Upon receipt of the request, the Commission will review the adequacy of the facilities described
therein, and if warranted, will extend the permit for such period of time and under such conditions
and limitations as it may deem appropriate.
7

Permit issued this the 26°i day of May, 2006
NORTH C"OLINA ENVIRONMENTAL MANAGEMENT COMMISSION
Alan W. Klimek, F.E., Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number WQ0019665

Permit No. WQ0019665
May 26, 2006
ENGINEER'S CERTIFICATION
Partial Final
1, , as a duly registered Professional Engineer in the State
of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of
the project,
Project Name
Location and County
for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the
observation of the construction such that the construction was observed to be built within substantial
compliance and intent of this permit, the approved plans and specifications, and other supporting
materials.
Signature
Date
Registration No.

Swan Quarter Sanitary District
Operation and Maintenance
Service Agreement
This Agreement between Env_iro-Tech ("Contractor") and the Swan Quarter Sanitary
District ("Owner") is for the operation and management of the Swan Quarter Sanitary Sewer
System and Wastewater Treatment and Spray Irrigation Disposal System, as described in
Permits WQ0019665 (Wastewater Treatment and Spray Irrigation) and WQ0019699
(Wastewater Pressure Sewer System) issued by the North Carolina Department of Environment
and Natural Resources — Division of Water Quality, located in Hyde County, North Carolina
(hereinafter "Facility").
The initial term of this Agreement shall commence on the date mutually agreed to by both parties
(estimated on or about January 1, 2003) and shall continue in effect for a period of 3 years (36
consecutive months) from the date of commencement. jActual start date:
(1) Operation -- Contractor will perform all activities and services necessary for the proper
and effective operation of the Facility for the Owner. Contractor will support the Facility
on a continuous 24-hours per day, 7-days per week basis, in compliance with all permits
and applicable town, county, state and federal rules and regulations. These duties are
listed in Permits No. WQ0019665 and WQ0019699 as issued by the North Carolina
Department of Environment and Natural Resources.
In addition to the minimum responsibilities and duties described in the referenced
Permits, Enviro-Tech will also provide the following additional services for Owner:
a. Check the Facility daily as well as provide pro -active attention and prevention
to any/all areas determined to require attention and service.
b. Check at least one (1) Pump Tank daily. (This will result in all tanks being
inspected annually.)
c. Attend all Board meetings of the Swan Quarter Sanitary District.
d. Coordinate, schedule and supervise any and all functions and services not
provided by Contractor but necessary for the proper operation and function of
the systems. All efforts will be made to use Swan Quarter and Hyde County
businesses, organizations, and individuals when possible.
e. Locate sewer lines when requested for underground construction_
f. Provide professional Customer Relations and Emergency Support Services.
g. Billing Services as directed by Owner.
h. Sampling of Monitor Wells and Surface Waters as outlined in the permits.
i. Provide a local telephone number to be continuously answered 24 hours a day
each day, for customer service inquiries and operator contact.
Page 1 of 5

Enviro-Tech Swan Quarter Sanitary DistrictAgreement October 3, 2002
(2) Fees -- Enviro-Tech will provide the operational services described herein for a fee of
Four Thousand One Hundred Dollars per month ($4,100.00) based on a
contract term of 36 consecutive months. Services will be billed on the 25 day of each
month and payments are due on or before the 10`s day of the following month; however, in
the initial months the billing and due dates may be adjusted to coincide with the district
billing cycle to provide a stable and adequate cash flow.
(3) Billing Services -- Enviro-Tech will provide monthly Customer Billing Services for
Owner according to a meter reading of water use and according to the SQSD Board's
determined rates. Enviro-Tech will receive from Owner $.97 per bill sent (plus
postage). Owner to provide Contractor with meter readings data. All revenue deposits are
to be made to an authorized account which Enviro-Tech will have ONLY deposit
capability.
(4) Costs of Operation - Contractor and Owner (District) shall jointly bear the operational
costs of the facility and system as outlined below. Operational costs ouiside the scope of
this agreement shall be negotiated and mutually agreed to by both Owner and Contractor.
I. Contractor's responsibilities
a. Chemicals supplies
b. Materials required for preventative maintenance and minor repair.
II. Owner's responsibilities
a. All laboratory testing fees (Contractor shall be responsible
for collection of samples and ensuring the laboratory facility meets all
applicable rules, regulations and certifications)
b. Electric and any other utility bills
c. Sludge disposal and analysis fees
d. Repairs and replacement of grinder pumps
e. Postage for monthly billing statements (Contractor will work with Owner to
accomplish the most beneficial and cost effective method of mailing)
(5) Consumable Supplies - Contractor will be responsible for all consumables, including,
but not limited to, fuels, supplies, lubricants and office supplies.
(6) Repairs and Maintenance -- Contractor shall be responsible for routine and normal
repairs and maintenance of the Facility equipment, buildings, and grounds (including
landscaping but excluding grinder pump replacement) when such repairs amount to less
than $1,500.00 per incident, exclusive of on -site contractor labor. Owner shall be
responsible for any excess expenses for major repairs over $1,500.00.
From time to time, emergency repairs and services may be required. It is possible that
repairs must be made in a timely fashion to maintain compliance with the permit
conditions and the Owner may not be available to provide pre -authorization of these
expenditures. Contractor is hereby authorized to commit and/or spend up to $ 250.00 on
Page 2 of 5

Enviro-Tech Swan Quarter Sanitary Distric#Agreement October 3, 2002
emergency repairs when the emergency occurs or first becomes known to Contractor
during normal business hours, Contractor is authorized to commit and/or spend up to
$3,000.00 on emergency repairs when the emergency occurs or first becomes known to
Contractor after normal business hours and, in the opinion of the Operator, non action
would result in a violation of the permit or damage to the facilities. In either case,
Contractor will notify Owner of the situation and itemize necessary expenditures as soon
as possible and practical following the emergency.
(7) Reimbursables — Contractor shall submit invoices for reimbursable expenses incurred on
behalf of owner prior to the 15a day of the following month. Owner will reimburse
Contractor within 30 days of receipt of invoices.
(8) Acts of God -- Contractor shall not be responsible for any expenses or damages to the
Facility or property of Customers due to Acts of God.
(9) Staffing -- Contractor shall staff the facility with adequate numbers and levels of
personnel to meet the operational needs of the facility and as required by applicable
permits.
Enviro-Tech will staff the following positions with competent, qualified personnel:
a. Treatment Plant Operator -in Responsible Charge (ORC)
b. Backup Treatment Plant ORC
c. Collection System ORC
d. Backup Collection System ORC
e. BilIing and Invoicing Specialist
f. Customer Relations
g. Emergency Response and Repair
(10) State and Other Regulatory Reporting — Contractor will prepare and present all
submittals necessary to insure compliance with applicable town, county, state and federal
regulations. Copies of all submittals will be available for Owner.
(11) Fines and Penalties — Contractor will be responsible for the payment of all regulatory
fines and penalties assessed against the Owner and/or Contractor when is determined that
the enforcement action resulted from the negligent actions, or lack of action, of the
Contractor over the term of the Agreement.
(12) Soft Costs - Contractor will not assume any soft costs or fees for outside professional
services on behalf of the Utility. In the event that a violation caused by operator error
requires engineering, legal or other professional support to resolve, Contractor will bear
such costs resulting from that event_
(13) Irresponsible Discharge -- Contractor reserves the right to identify and take enforcement
action against irresponsible discharges, including, but not limited to, excessive grease,
toxic substances, and hydraulic waste. Action may include, but is not limited to, the
Page 3 of 5

Enviro-Tech Swan Quarter Sanitary DistrictAgreement October 3, 2002
charging of surcharges to the customer to offset increased operational costs,
compensation for any enforcement action by any regulatory body against Contractor or
Owner and corrective action to eliminate future problems.
(14) Contractor as an Employer -- Contractor states that it is an Equal Opportunity
Employer and an Affirmative Action Employer.
(15) Insurance --Contractor will provide Owner with proof of Liability and Property Damage
Insurance in the amount of $1,000,000.
(16) Cancellation of Agreement -- Owner may terminate this Agreement for cause with thirty
(30) days prior written notice to the Contractor providing the Owner had previously
notified Contractor in writing of the applicable cause and had given Contractor
reasonable time to correct any deficiency. Cause is defined as (a) the breach of any
material obligation owed Owner in this Agreement, (b) habitually neglecting the duties to
be performed under this Agreement, and (c) engaging in any conduct or activity which is
dishonest and damages the public or professional reputation or standing of the Owner.
(17) Notices -- Any notice required by this Agreement or given in connection with it, shall be
in writing and shall be given to the appropriate party by personal delivery or be certified
mail, postage prepaid, or recognized overnight delivery services;
OWNER
Mr. Mitchell P. Newman, Chairman
Swan Quarter Sanitary District
Post Office Box 21
Swan Quarter, NC 27885-0021
CONTRACTOR
Mr. Bill Freed
Enviro-Tech
Post Office Box 69
Harbinger, NC 27941
(18) Entire Agreement — This Agreement sets forth the entire understandings between the
parties concerning the subject matter hereof; and supersedes all prior understandings or
agreements on the subject matter hereof. Only further writing that is duly executed by
both parties may modify this Agreement.
(19) Opportunity to Participate in Drafting - The parties have had an equal opportunity to
participate in drafting of this Agreement. No ambiguity shall be constructed against any
party based upon a claim that the party dratted the applicable language.
(20) Jurisdiction -- This Agreement shall be construed and enforced in accordance with the
laws of Hyde County in the state of North Carolina.
(21) Severability -- If any term of this Agreement is held by a court of competent jurisdiction
to be invalid or unenforceable, this Agreement, including all the remaining terms, will
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Enviro-Tech Swan Quarter Sanitary DistrictAgreement October 3, 2002
remain in full force and effect as if such invalid or unenforceable term had never been
included_
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the later date
of the signing by both parties.
For Swan Quarter Sanitary District For Enviro-Tech
Name: Mr. N itc ell Newman Name: Mr. it . Freed
Title: Chairman Title: President
Date: /V-C,'7-c''y Date:/65 ,1(:2"`0 .=—
Reference: North Carolina Department of Environment and Natural Resources
Permit No. WQOO19665 (Wastewater Treatment and Spray Irrigation). and
Permit No. WQOO19699 (Wastewater Pressure Sewer System)
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