WQ0003299_SOC (Issuance)_20190711

NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF NORTHAMPTON
IN THE MATTER OF THE TOWN OF SEABOARD )
NORTH CAROLINA )
SPECIAL ORDER BY CONSENT )
PERMIT NO. W00003299 )
& 15A NCAC 02T .0403 (WQCSD0111) )
HELD BY THE
TOWN OF SEABOARD )
EMC SOC WQ NO. S18-007
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 the Town of Seaboard, 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. 14313-282, and hereinafter referred to as the Commission:
1. The Town and the Commission hereby stipulate the following:
(a) The Town owns a Wastewater Collection system that is subject to the requirements of 15A
NCAC 02T .0403 (Permitting by Regulation). The Tracking number in DWR's database for
this Collection System is WQCSD0111. The waste from this collection system is
transported to the Seaboard WWTP where it is treated and spray irrigated in accordance
with permit number W00003299. The Town has numerous exceedances of wastewater
flow into the permitted treatment system caused by Inflow and Infiltration (hereafter referred
to as 1/1).
(b) On May 7, 2019, the Town was assessed a Civil Penalty (PC-2019-0031) in the amount of
$2,567.28 for violations of permit number WQ0003299.
(c) The Town has performed point repairs, smoke tests, camera identification and other 1/I
identification and correction methods and removed several sources of 1/1. As a result, flow
exceedances have lessened in number and severity but problems remain with the
wastewater treatment system. Full compliance with the permit will require additional 1/1
identification, prioritization and rehabilitation work to be performed and repairs to the
wastewater treatment system.
(d) That noncompliance with 15A NCAC 02T .0403 and permit number W00003299 can result
in and contribute to pollution of the waters of this State, and the Town is within the
jurisdiction of the Commission as set forth in G.S. Chapter.143, Article 21.
(e) The Town will commit financing for planning, designing, and constructing of new and/or
improved sewer collection system components that will be sufficient to adequately convey
wastewater to the Town's wastewater treatment plant.
(f) The Town will commit financing for planning, designing, and constructing of repairs and
improvements to the Town's wastewater treatment plant that will be sufficient to adequately
treat and dispose of its wastewater to comply with permits WQCSD0111 and W00003299.
(g) Since this Special Order is by Consent, neither party will file a petition for a contested case

Town of Seaboard
SOC #: S18-007
Page 2 of 4
or for judicial review concerning its terms.
2. The Town, desiring to comply with the permits identified in paragraph 1(a) above, hereby agrees
to do the following:
(a) Identify, Design and Construct improvements to its wastewater collection system.
West Fraser and Flow meter.
a. The Town will install a lift station and flow meter to measure wastewater flow
from West Fraser within 90 days of the effective date of this SOC and notify the
RRO within fourteen (14) days of installation documenting the installation,
operation, and calibration (+/- 10%) of the flow meter and annual calibration for
the duration of this SOC.
2. 1 &1 report. By December 31, 2019, the Town will deliver a final report to the Water
Quality Regional Operations Section Supervisor, Raleigh Regional Office, Division of
Water Resources, 1628 Mail Service Center, Raleigh, NC 27699-1628 containing the
following items:
a. A summary report on I&I work conducted from the date of the flow moratorium
through the date of the SOC effective date.
b. Provide a report on proposed new and ongoing I&I improvements, including
proposed funding and timeframes.
c. An assessment of the integrity of the existing collection system.
3 _WWTP -Liner Re: air. Submit a plan for the repair or replacement of the irrigation lagoon
liner including details on how the wastewater will be processed and disposed of during
the liner repair or replacement process within 120 days of execution of this SOC.
Complete irrigation lagoon liner repair by March 31, 2020.
4 Sprayfields.
a. Perform an assessment of the current condition of the existing wastewater
irrigation fields by an NC licensed soil scientist to determine if the existing
irrigation rate is still appropriate, and make recommendations on appropriate
corrective actions if the irrigation rate is determined to be inappropriate based
on existing site conditions.
b. Perform a soil assessment of the current permitted wastewater irrigation fields
and the 40 acres of land owned by the Town that is adjacent to the wastewater
treatment facility in order to determine if the fields are suitable for irrigation of
the treated wastewater produced by the Town.
c. Determine a safe irrigation rate of any suitable fields and provide a summary
report of the soil assessment to the DWR Raleigh regional office by December
31, 2019.
5. Final Flow Evaluation Re; ort. By February 15, 2021, the Town will evaluate the flows
and irrigation rates since the inception of this Special Order and submit a final report to
the Water Quality Regional Operations Section Supervisor, Raleigh Regional Office,
Division of Water Resources, 1628 Mail Service Center, Raleigh, NC 27699-1628.
(b) Submit quarterly progress reports detailing all work and activities undertaken and completed
on the rehabilitation of the collection system and upgrades to the wastewater treatment

Town of Seaboard
SOC #: S18-007
Page 3 of 4
plant. These reports will detail work performed by both Town staff and by private contractors
to address 1/1 and improve the wastewater treatment plant. The reports should specifically
address the Town's progress on items 2(a) 1, 3, 4 and 5 in this Order. The reports are to
be submitted to the Water Quality Regional Operations Section Supervisor, Raleigh
Regional Office, Division of Water Resources, 1628 Mail Service Center, Raleigh, NC
27699-1628. The quarterly reports are no later than the thirtieth (30th) day of January,
April, July, and October for the duration of this Order.
(c) 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.
(d) Continue to operate the wastewater collection system as best as possible to
prevent/minimize impacts. This includes the continued work by Town staff to eliminate
identified sources of 1/1 in addition to larger projects the Town may bid out to contractors.
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(c).
Failure to meet a schedule date $500 per day up to maximum of $2,500.
listed in paragraph 2(a).
Failure to submit progress reports $500 for the first violation; Penalty doubles with
as required by paragraph 2(b) and each subsequent assessment for late reports up
2(c). to a maximum of $2,500.
4. The Town and the Commission agree that the stipulated penalties are not due if the Town
satisfies DWQ 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, agent or contractor for the Town;
(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;
(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,

Town of Seaboard
SOC #: S18-007
Page 4 of 4
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. In accordance with the provisions of N.C.G.S. 143-215.67(b) the Commission allows the Town to
accept the additional waste specified below to its waste disposal system:
6. The Division of Water Resources agrees it will not take civil assessment against the Town for
permit flow exceedances caused by 1/1 during the duration of this Order.
7. 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 limitations contained therein issued in connection with 15A NCAC 02T .0403
(WQCSD0111) and Permit Number W0000329. Noncompliance with the terms of this Special
Order by Consent is subject to enforcement action in addition to the above stipulated penalties,
including injunctive relief pursuant to G.S. 143-215.6.C.
8. 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 177,40"1 tt, Zozo
For the Town of Seaboard:
Geraldine Langford
Print Name of Signing Official
E.wo-R/nIN
May
Title
JuneA 2019 owe
Date
For the North Carolina Environmental Management Commission:
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C it of the ommission Date�q