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HomeMy WebLinkAboutNC0021628_Special Order By Consent_20190108 ma QUA,416. __% ROY COOPER NORTH CAROLINA Governor Environmental Quality MICHAEL S.REGAN Secretary LINDA CULPEPPER Interim Director January 8,2019 Mr.John Franklin Mullis,Town Administrator Town of Norwood PO Box 697 Norwood,NC 28128 Subject: SPECIAL ORDER BY CONSENT(SOC) EMC SOC WQ S18-011 Norwood WWTP NPDES No.NC0021628 Stanly County Dear Mr.Mullis: The Division of Water Resources(DWR)hereby transmits for your review and signature two(2) copies of the Special Order by Consent(SOC or the Order). Please sign and return two (2) copies to: Attention: Derek Denard NCDEQ/DWR/Water Quality Permitting Section 1617 Mail Service Center Raleigh,North Carolina 27699-1617 Once the SOC has been signed,the Division will solicit public comment on this SOC by publishing a notice in newspapers having circulation in the general Stanly County area, as required by the NPDES Program. Following the.mandatory 30-day public comment period,the Division will review all pertinent comments on the SOC, and take appropriate action prior to issuing the SOC. 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)707-3618. Sincerely, (t(6teA-60rrl'IAAA— Derek C.Denard,Environmental Specialist Division of Water Resources,NCDEQ E Q�NORTH CAROLINA Uryartreent of Environment.]CuafitYY North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11617 Mail Service Center I Raleigh,North Carolina 27699-1617 919.707.9000 Mr.Mullis January 8,2019 Page 2 of 2 hc: Mooresville Regional Office w/attachments SOC Files w/attachments Central Files w/attachments ec: Chuck A.Willis,Jr.,P.E.,BCEE,Willis Engineers,Inc. [chuck@willisengineers.com] John Mullis,Town Administrator,Town of Norwood[john.mullis@norwoodgov.com] DWR/MRO Corey Basinger[corey.basinger@ncdenr.gov];Roberto Scheller[roberto.scheller@ncdenr.gov] DWR/WQPS Emily DelDuco[Emily.DelDuco@ncdenr.gov] NPDES Files[Laserfiche] NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION COUNTY OF STANLY IN THE MATTER OF ) NORTH CAROLINA ) SPECIAL ORDER BY CONSENT , NPDES PERMIT NO. NC0021628 ) EMC SOC WQ NO. S18-011 ) HELD BY ) , TOWN OF NORWOOD ) Pursuant to provisions of North Carolina General Statutes (G.S.) 143-215.2 and 143-215.67, this Special Order by Consent is entered into by Town of Norwood,hereinafter referred to as the Town, 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. The Town and the Commission hereby stipulate the following: a. The Town holds North Carolina NPDES permit number NC0021628 for operation of an existing wastewater treatment works and for making an outlet therefrom for discharge of treated wastewater to Rocky River, Class C waters of this State in the Yadkin-Pee Dee River Basin,but is unable to consistently comply with the final effluent limits for Total Suspended Solids (TSS),Biochemical Oxygen Demand(BOD) and Fecal Coliform as set forth in NPDES permit NC0021628. Compliance will require preparation and implementation of plans and specifications for construction and operation of additional treatment works and upgrades. b. Noncompliance with final effluent limits constitutes causing and contributing to pollution of the waters of the State of North Carolina, and the Town is within the jurisdiction of the Commission as set forth in G.S. Chapter 143, Article 21. c. The Town will secure financing for planning, designing, and constructing a new or improved wastewater treatment and disposal system which, once constructed and operated,will be sufficient to adequately convey and treat wastewater presently being discharged, to such an extent that the Town will be able to comply with final effluent limits. 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. Town of Norwood WWTP EMC SOC WQ S18-011 p.2 2. The Town, desiring to comply with the permit identified in'paragraph 1(a) above, hereby agrees to do the following: a. Undertake the following activities in accordance with the indicated time schedule: Scheduled Activity Due Date Initiate Drawing and Specifications December 31, 2019 Submit draft Engineering Report December 31, 2020 Upon receipt of the required DWR permit(s),begin construction December 31, 2021 Complete construction of the upgrades to the wastewater treatment plant and submit a certification of completion December 31, 2022 (Engineer's Certification) from a professional engineer verifying that the construction has been completed Attain compliance with NPDES permit final limits December 31, 2022 b. The Town will submit quarterly progress reports detailing the work and activities undertaken and completed on the upgrades to the facility. The reports are to be submitted as follows: one copy must be mailed to the Mooresville Regional Supervisor, Division of Water Resources/Water Quality Regional Operations Section, 610 East Center Avenue, Suite 301, Mooresville,NC 28115, and one copy must be mailed to the Water Quality Permitting Section/NPDES, 1617 Mail Service Center Raleigh,NC 27699-1617. The quarterly reports are due in each respective office no later than the thirtieth (30th) day of January,April, July, and October for the duration of this Order. c. The Town will comply with all terms and conditions of the permit except effluent limits for parameters identified in paragraph 1(a) above. See Attachment A for all current monitoring requirements and effluent limits, including interim effluent limits applicable to this Special Order by Consent. The Town may also be required to monitor for other parameters, as deemed necessary by the Director, in future permits or administrative letters. During the time in which this Special Order by Consent is effective, the Town shall comply with the interim effluent limits for Total Suspended Solids (TSS), Biochemical Oxygen Demand (BOD) and Fecal Coliform as listed in the table below. Town ofNorwood WWTP EMC SOC WQ S18-011 • P.3 Under this Special Order by Consent, ONLY the parameters listed below have been modified from the most current NPDES Permit in effect for outfall 001. Permit Limits Interim Limits, Parameters Units Monthly Weekly Monthly Weekly Avg. Avg. , Avg. ,Avg. Biochemical Oxygen Demand(BOD) mg/L 30.0 45.0 45.0 65.0 Total Suspended Solids (TSS) mg/L 30.0 45.0 45.0 65.0 Fecal Coliform #/100 ml 200* 400* 400* 800* *Geometric Mean d. No later than fourteen(14) calendar days after any date identified for accomplishment of any activity listed in paragraph 2(a) above, submit to the Director of DWR written notice of compliance (including the date compliance was achieved along with supporting documentation if applicable) 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. e. The Town will continue to operate the wastewater treatment plant as best as possible to prevent/minimize any adverse impacts to the surface waters. 3. The Town agrees that unless excused under paragraph four(4), The Town will pay the Director of DWR,by check payable to the North Carolina Department of Environmental Quality, stipulated penalties according to the following schedule for failure to meet the deadlines set out in paragraphs 2(a), 2(b), and 2(d). ,Violation Description - Stipulated Penalty .} P , Failure to meet a scheduled date $1,000 per day • Failure to comply with a modified $1,000 for exceeding monthly average (or effluent limit geometric mean) limit; $500 for exceeding weekly average(or geometric mean) limits Monitoring frequency violations for $100 per omitted value per parameter modified parameters Failure to Submit Status Reports $1,000 for the first violation;penalty doubles with each subsequent assessment for late reports Failure to achieve compliance with final $5,000 (single penalty) effluent limits Town of Norwood WWTP EMC SOC WQ S18-011 p.4 4. The Town and the Commission agree that the stipulated penalties are not due if the Town 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 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. 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 thirty(30) days has elapsed. 1 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.C. 6. This Special Order by Consent and any terms or conditions contained herein, hereby supersede any and all previous Special Orders, Enforcement Compliance Schedule Letters, terms, conditions, and limits contained therein issued in connection with NPDES permit number NC0021628. In the event of an NPDES permit modification or renewal, any effluent limit 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(c) above. 7. This Special Order by Consent may be amended provided the Town has made good faith efforts to secure funding, complete all construction and achieve compliance within the dates specified. 8. During the term of this Special Order by Consent, the Town will not be permitted to accept additional wastewater from any domestic, industrial, or commercial sources. Town of Norwood WWTP EMC SOC WQ S18-011 P. 5 9. Failure to meet the scheduled date identified in paragraph 2(a)may terminate this Special Order by Consent and require the Town to comply with the terms and conditions contained in the permit identified in paragraph 1(a). 10. The Town, upon signature of this 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 March 31,2023. For the Town of Norwood: Print Name of Signing Official Title . For the North Carolina Environmental Management Commission: Signature Date Permit NC0021628 Attachment A EMC SOC WQ S18-011 PART I A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS [15A NCAC 02B.0400 et seq., 02B.0500 et seq.] Grade III Biological WPCS [15A NCAC 08G.0302] During the period beginning on the effective date of the permit and lasting until expiration,the Permittee is authorized to discharge from Outfall 001. Such discharges shall be limited and monitored' by the Permittee as specified below: , EFFLUENT LIMITS MONITORING REQUIREMENTS CHARACTERISTICS Monthly Weekly Measurement Sample Sample - eDMR Code Average Average Frequency Type Location Flow Influent or 0.75 MGD Continuous Recording 50050 Effluent BOORzEffluent, 45.0 mg/1* 65.0 mg/I* 3/Week Composite Influent 0 Total Suspended Solids 2 45.0 mg/1* 65.0 mg/1* 3/Week Composite Effluent, C0530 Influent NH3-N Weekly Composite Effluent C0610 Fecal Coliform(geometric mean) 400/100 ml* 800/100 ml* 3/Week Grab Effluent 31616 Total Residual Chlorines Daily Maximum 28 µg/L Weekly Grab Effluent 50060 pH >6.0 and<9.0 3/Week Grab Effluent 00400 Standard Units • Temperature°C 3/Week Grab Effluent 00010 Total Mercury a Monitor&Report See Footnote 4 Grab Effluent COMER Total Nitrogen(NO2+NO3+TKN) C0600 Quarterly Composite Effluent Total Phosphorus C0665 Quarterly Composite Effluent Chronic Toxicity5 • Quarterly Composite Effluent TGP3B *SOC Limits are effective beginning on the effective date of the SOC and lasting until the SOC compliance date on December 31,2022.The SOC shall expire on March 31,2023. Footnotes: 1. The permittee shall submit discharge monitoring reports electronically using NC DWR's eDMR system. See Special Condition A.(3.). 2. The monthly average effluent BODS and Total Suspended Solids concentrations shall not exceed 15% of the respective influent value(85%removal). 3. The Division shall consider all effluent TRC values reported below 50 µg/1 to be in compliance with the permit.However,the Permittee shall continue to record and submit all values reported by a North Carolina certified laboratory(including field certified), even if these values fall below 50 µg/1. 4. Mercury must be monitored once during the permit cycle. See Special Condition A. (4.)Effluent Mercury Analysis. 5. Chronic Toxicity(Ceriodaphnia)P/F at 2.7%;March,June, September, and December; see Special Condition A.(2.). THERE SHALL BE NO DISCHARGE OF FLOATING SOLIDS OR VISIBLE FOAM IN OTHER THAN TRACE AMOUNTS. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION COUNTY OF STANLY IN THE MATTER OF ) NORTH CAROLINA ) SPECIAL ORDER BY CONSENT NPDES PERMIT NO.NC0021628 ) EMC SOC WQ NO. S18-011 ) HELD BY ) TOWN OF NORWOOD ) Pursuant to provisions of North Carolina General Statutes (G.S.) 143-215.2 and 143-215.67,this Special Order by Consent is entered into by Town of Norwood,hereinafter referred to as the Town, 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. The Town and the Commission hereby stipulate the following: a. The Town holds North Carolina NPDES permit number NC0021628 for operation of an existing wastewater treatment works and for making an outlet therefrom for discharge of treated wastewater to Rocky River, Class C waters of this State in the Yadkin-Pee Dee River Basin,but is unable to consistently comply with the final effluent limits for Total Suspended Solids (TSS), Biochemical Oxygen Demand(BOD) and Fecal Coliform as set forth in NPDES permit NC0021628. Compliance will require preparation and implementation of plans and specifications for construction and operation of additional treatment works and upgrades. b. Noncompliance with final effluent limits constitutes causing and contributing to pollution of the waters of the State of North Carolina, and the Town is within the jurisdiction of the Commission as set forth in G.S. Chapter 143,Article 21. c. The Town will secure financing for planning, designing, and constructing a new or improved wastewater treatment and disposal system which, once constructed and operated,will be sufficient to adequately convey and treat wastewater presently being discharged, to such an extent that the Town will be able to comply with final effluent limits. 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. Town of Norwood WWTP EMC SOC WQ S18-011 p.2 2. The Town, desiring to comply with the permit identified in paragraph 1(a) above,hereby agrees to do the following: a. Undertake the following activities in accordance with the indicated time schedule: Scheduled Activity Due Date Initiate Drawing and Specifications December 31, 2019 Submit draft Engineering Report December 31, 2020 Upon receipt of the required DWR permit(s),begin construction December 31, 2021 Complete construction of the upgrades to the wastewater treatment plant and submit a certification of completion December 31 2022 (Engineer's Certification) from a professional engineer ' verifying that the construction has been completed Attain compliance with NPDES permit final limits December 31, 2022 • b. The Town will submit quarterly progress reports detailing the work and activities undertaken and completed on the upgrades to the facility. The reports are to be submitted as follows: one copy must be mailed to the Mooresville Regional Supervisor, Division of Water Resources/Water Quality Regional Operations Section, 610 East Center Avenue, Suite 301, Mooresville,NC 28115, and one copy must be mailed to the Water Quality Permitting Section/NPDES, 1617 Mail Service Center Raleigh,NC 27699-1617. The quarterly reports are due in each respective office no later than the thirtieth (30th) day of January,April, July, and October for the duration of this Order. c. The Town will comply with all terms and conditions of the permit except effluent limits for parameters identified in paragraph 1(a) above. See Attachment A for all current monitoring requirements and effluent limits, including interim effluent limits applicable to this Special Order by Consent. The Town may also be required to monitor for other parameters, as deemed necessary by the Director, in future permits or administrative letters. During the time in which this Special Order by Consent is effective, the Town shall comply with the interim effluent limits for Total Suspended Solids (TSS), Biochemical Oxygen Demand (BOD) and Fecal Coliform as listed in the table below. Town of Norwood WWTP EMC SOC WQ S18-011 P.3 Under this Special Order by Consent, ONLY the parameters listed below have been modified from the most current NPDES Permit in effect for outfall 001. Permit Limits Interim Limits Parameters Units Monthly Weekly Monthly Weekly Avg. Avg. Avg. Avg. Biochemical Oxygen Demand(BOD) mg/L 30.0 45.0 45.0 65.0 Total Suspended Solids (TSS) mg/L 30.0 45.0 45.0 65.0 Fecal-Coliform #/100 ml 200* 400* 400* 800* *Geometric Mean d. No later than fourteen(14) calendar days after any date identified for accomplishment of any activity listed in paragraph 2(a) above, submit to the Director of DWR written notice of compliance(including the date compliance was achieved along with supporting documentation if applicable) 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. e. The Town will continue to operate the wastewater treatment plant as best as possible to prevent/minimize any adverse impacts to the surface waters. 3. The Town agrees that unless excused under paragraph four(4), The Town will pay the Director of DWR,by check payable to the North Carolina Department of Environmental Quality, stipulated penalties according to the following schedule for failure to meet the deadlines set out in paragraphs 2(a), 2(b), and 2(d). Violation Description Stipulated Penalty Failure to meet a scheduled date $1,000 per day Failure to comply with a modified $1,000 for exceeding monthly average (or effluent limit geometric mean) limit; $500 for exceeding weekly average (or geometric mean) limits Monitoring frequency violations for $100 per omitted value per parameter modified parameters Failure to Submit Status Reports $1,000 for the first violation;penalty doubles with each subsequent assessment for late reports Failure to achieve compliance with final $5,000 (single penalty) effluent limits Town of Norwood WWTP EMC SOC WQ S 18-011 p.4 4. The Town and the Commission agree that the stipulated penalties are not due if the Town 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 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. 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 thirty(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.C. 6. This Special Order by Consent and any terms or conditions contained herein,hereby supersede any and all previous Special Orders, Enforcement Compliance Schedule Letters, terms, conditions, and limits contained therein issued in connection with NPDES permit number NC0021628. In the event of an NPDES permit modification or renewal, any effluent limit 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(c) above. 7. This Special Order by Consent may be amended provided the Town has made good faith efforts to secure funding, complete all construction and achieve compliance within the dates specified. 8. During the term of this Special Order by Consent, the Town will not be permitted to accept additional wastewater from any domestic, industrial, or commercial sources. Town of Norwood WWTP EMC SOC WQ S18-011 p.5 9. Failure to meet the scheduled date identified in paragraph 2(a)may terminate this Special Order by Consent and require the Town to comply with the terms and conditions contained in the permit identified in paragraph 1(a). 10. The Town,upon signature of this 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 March 31,2023. For the Town of Norwood: Print Name of Signing Official Title For the North Carolina Environmental Management Commission: Signature Date Permit NC0021628 Attachment A EMC SOC WQ S18-011 PART I A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS [15A NCAC 02B.0400 et seq., 02B.0500 et seq.] Grade III Biological WPCS [15A NCAC 08G.0302] During the period beginning on the effective date of the permit and lasting until expiration,the Permittee is authorized to discharge from Outfall 001. Such discharges shall be limited and monitored)by the Permittee as specified below: EFFLUENT LIMITS MONITORING REQUIREMENTS CHARACTERISTICS Monthly Weekly Measurement Sample Sample eDMR Code Average Average Frequency Type Location Flow Influent or 0.75 MGD Continuous Recording 50050 Effluent BOD5 2 Effluent, C0310 45.0 mg/1* 65.0 mg/1* 3/Week Composite Influent Total Suspended Solids 2 Effluent, Total p 45.0 mg/1* 65.0 mg/1* I 3/Week CompositeC0 Influent NH3-N C0610 Weekly Composite Effluent Fecal Coliform(geometric mean) 400/100 ml* 800/100 ml* 3/Week Grab Effluent 31616 Total Residual Chlorine 3 Daily Maximum 28 µg/L Weekly Grab Effluent 50060 pH >6.0 and<9.0 3/Week Grab Effluent 00400 Standard Units Temperature°C 3/Week Grab Effluent 00010 Total Mercury a Monitor&Report See Footnote 4 Grab Effluent COMER Total Nitrogen(NO2+NO3+TKN) C0600 Quarterly Composite Effluent Total Phosphorus C0665 Quarterly Composite Effluent Chronic Toxicity5 Quarterly Composite Effluent TGP3B *SOC Limits are effective beginning on the effective date of the SOC and lasting until the SOC compliance date on December 31,2022. The SOC shall expire on March 31,2023. Footnotes: 1. The permittee shall submit discharge monitoring reports electronically using NC DWR's eDMR system. See Special Condition A.(3.). 2. The monthly average effluent BOD5 and Total Suspended Solids concentrations shall not exceed 15%of the respective influent value(85%removal). 3. The Division shall consider all effluent TRC values reported below 50 µg/1 to be in compliance with the permit.However,the Permittee shall continue to record and submit all values reported by a North Carolina certified laboratory(including field certified), even if these values fall below 50 µg/l. 4. Mercury must be monitored once during the permit cycle. See Special Condition A. (4.)Effluent Mercury Analysis. 5. Chronic Toxicity(Ceriodaphnia)P/F at 2.7%;March,June, September, and December; see Special Condition A.(2.). THERE SHALL BE NO DISCHARGE OF FLOATING SOLIDS OR VISIBLE FOAM IN OTHER THAN TRACE AMOUNTS.