WQCS00187_WQ S17-007_20190823

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NORTH CAROLINA
EnMlrlonmental Quality
August 23, 2019
Mayor Gerard Weindel
Town of St.Pauls
PO Box 364
St.Pauls,NC 28384-0364
Subject: SPECIAL ORDER BY CONSENT (SOC)
EMC SOC WQ S17-007 Ad I
Town of St.Pauls—St.Pauls WWTP
NPDES No.NC0020095
Town of St.Pauls—St.Pauls Collection System
Collection System No.WQCS00187
Robeson County
• Dear Mayor Weindel:
•
The Division of Water Resources (DWR)hereby transmits for your review and signature two(2)copies
of the amended Special Order by Consent(SOC or the Order).
Please sign and return two (2)copies to:
NCDEQ/DWR/WQ Permitting Section
Attention: Brianna Young
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 Robeson 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 Fayetteville Regional Office at
[phone], or contact me in the central office,Brianna Young [[e-mail]] at
[phone].
Sincerely,
1,`tti.\s-sue I-,ay
Brianna Young, Environmental Specialist II
Division of Water Resources,NCDEQ
DEQ
North Carolina Department of Environmental Quality I Division of Water Resources ,
1617 Mail Service Center I Raleigh,North Carolina 27699-1617
919-707-9000

Mayor Weindel
August 23,2019
Page 2 of 2
cc: Fayetteville Regional Office w/attachments
SOC Files w/attachments
Central Files w/attachments

NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF ROBESON
IN THE MATTER OF )
NORTH CAROLINA ) SPECIAL ORDER BY CONSENT
NPDES PERMIT NC0020095 ) EMC SOC WQ S17-007 Ad I
COLLECTION SYSTEM PERMIT WQCS00187 )
HELD BY THE TOWN OF ST. PAULS )
Pursuant to provisions of North Carolina General Statute(G.S.) 143-215.2 and G.S. 143-215.67, this
Special Order by Consent is entered into by the Town of St. Pauls,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 Permit WQCS00187 for operation of an existing
wastewater collection system,but is unable to consistently comply with Condition 1.2.,
regarding sanitary sewer overflows (SSOs) as set forth in Collection System Permit
WQCS00187, and Bypasses and Flow limits as set forth in NPDES Permit NC0020095.
Specifically, frequent and repetitive SSOs and Bypasses have occurred in the portion of the
Town's Collection System just before the Wastewater Treatment Plant and at the Wastewater
Treatment Plant itself. Compliance will require preparation of plans and specifications for
collection system upgrades including,but not limited to, sewer system rehabilitation and
pump station upgrades at Lift Station No. 1 and Lift Station No. 6.
(b) Noncompliance with final conditions constitutes causing and contributing 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.
(c) The Town has secured or will secure financing for planning, design, or construction of a new
or improved wastewater collection system which, once constructed and operated,will be
sufficient to adequately collect wastewater presently being made tributary to the collection
system, such that the Town will be able to comply with final permit conditions in Collection
System Permit WQCS00187 and NPDES Permit NC0020095.
(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.
2. The Town, desiring to comply with the Permits identified in paragraph 1(a) above,hereby
agrees to do the following:
(a) As settlement of all alleged violations of Collection System Permit WQCS00187 and
NPDES Permit NC0020095 prior to entering into this Special Order by Consent, the Town
of St. Pauls agrees to pay the sum of$6,474.09. There are also other flow violations that
have not been assessed but should be coded as No Action, SOC Pending in BIMS. A
certified check must be made payable to the Department of Environment and Natural
Resources and forwarded to the Director of the Division of Water Resources at 1617 Mail
Service Center, Raleigh,NC 27699-1617 by no later than fifteen days following the date
on which this Order is approved and executed by the Commission and received by the
Town of St. Pauls.
(b) Provide the Fayetteville Office of the North Carolina Division of Water Resources
(DWR), located at 225 Green Street, Suite 714, Fayetteville,NC 28301-5095,with a list of

Town of St.Pauls—St.Pauls Collection System and WWTP
EMC SOC WQ S17-007 Ad I
p.2
all additions of flow(see paragraph 5)under the Town's Special Order by Consent, and
update this list each time flow is added to the collection system.
(c) Undertake the following activities in accordance with the indicated time schedule:
I. Operation and Maintenance recommendations:
i. Continue to respond to all SSOs and Bypasses as per conditions found in
Collections System Permit WQCS00187 and NPDES Permit NC0020095.
II. Schedules (engineering, construction& compliance):
Project 1: Sewer System Improvements Related to Sanderson Farms
Funded by CDBG-Economic Development and GoldenLEAF
Phase 1: Sewer System Rehabilitation
Bid: November 2016 (met)
Under Contract: December 2016 (met)
Complete Construction: August 2017 (met)
Phase 2: Pump Station Upgrades at Lift Station No. 1 and Lift Station No. 6
Bid: Opens August 28, 2017 (met)
Under Contract: December 1, 2017 (met)
Complete Construction: December 1,2018 (met)
Project 2: Wastewater Collection System Rehabilitation
Funded by Clean Water State Revolving Fund Loan
Funding Approval: August 2017 (met)
Submit Engineering Report: December 1, 2017 (met)
Engineering Report Approval: February 28, 2018 (met)
Bid and Design Package Submittal: February 1, 2020
Bid and Design Package Approval: April 30,2020
Complete Construction: December 1, 2020
If insufficient bidders prevent the Town from lawfully awarding a contract or legal
action by prospective bidders prevents the Town from lawfully awarding contracts
within the time frame stated in paragraph 2(c)(II) above,the Town shall notify
Fayetteville-DWR and this order shall be amended to accommodate any such
delays that are beyond the control of the Town.
III. Achieve Compliance with Permits: March 1, 2021

Town of St.Pauls—St.Pauls Collection System and WWTP
EMC SOC WQ S17-007 Ad I
p.3
(d) During the time in which this Special Order by Consent(SOC)is effective,the Town shall
comply with the interim flow effluent limitations listed below:
Permit Limits Modified Limits (SOC)
Parameters Monthly Avg. Monthly Avg.
Flow 0.5 MGD Monitor Only
(e) The Town shall comply with all terms and conditions of Collection System Permit
WQCS00187 and NPDES Permit NC0020095 except those effluent limitations identified in
paragraph 2(d) above. The Permittee may also be required to monitor for other parameters
as deemed necessary by the Director in future permits or administrative letters.
(f) No later than thirty(30) calendar days after any date identified for accomplishment of any
activity listed in 2(c) above,the Town shall submit to the Water Quality Permitting Section
Supervisor for the Division of Water Resources (DWR) and to the Surface Water
Protection Section Regional Supervisor for the Division of Water Resources (DWR)
Fayetteville Regional Office written notice of compliance or noncompliance therewith. In
the case of noncompliance,the notice shall include a statement of the reasons(s) for
noncompliance,remedial actions(s) taken, and a statement identifying the extent to which
subsequent dates or times for accomplishment of listed activities may be affected.
(g) No later than fifteen(15) calendar days after the end of the calendar quarter stipulated in
the schedule below, quarterly reports will be due to the Surface Water Protection Section
Regional Supervisor for the Division of Water Resources (DWR)Fayetteville Regional
Office.
Quarterly Report Report Due Date
January—March April 15
April—June July 15
July—September October 15
October- December January 15
3. The Town agrees that unless excused under paragraph 4, the Town will pay the Director of
DWR,by check payable to the North Carolina Department of Environment and Natural
Resources, stipulated penalties according to the following schedule for failure to meet the
deadlines set out in paragraphs 2(c) and 2(f).
Violation Description Stipulated Penalty
Failure to meet any milestone date identified in $250/day
paragraph 2(c) above.
Failure to submit any report required by $250/day
paragraph 2(f) above.
Any reportable spill (SSO or Bypass) $250/event
4. The Town and the Commission agree stipulated penalties are not due if the Town satisfies the
Division of Water Resources that noncompliance was caused by extraordinary circumstances:
(a) An act of God;
(b) An act of war;

Town of St.Pauls—St.Pauls Collection System and WWTP
EMC SOC WQ S17-007 Ad I
p.4
(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 Town;
(d) An extraordinary event beyond the Town's control. Contractor delays or failure to obtain
funding will not be considered as events beyond the Town'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 collections
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. In accordance with the provisions of G.S. 143-215.67(b)the Commission allows the Town to
accept 0.02 MGD of additional wastewater to its collections system and waste treatment system
during the sewer system improvements and wastewater collection system rehabilitation.
The nature of the additional flows is such that the waste characteristics do not exceed those
generally associated with domestic waste or are pretreated to domestic strengths. Waste of
greater than normal domestic strength may be accepted if the parameter(s)that exceed normal
domestic strength wastewater are not those for which interim limitations have been developed
and it can be demonstrated to the satisfaction of the Director the additional waste will not
adversely affect the treatment efficiency of the treatment system for any modified parameter or
result in the violation of any other permit limitation. All new and proposed industrial waste
tributary to the system must be controlled using all needed mechanisms including but not limited
to adoption and implementation of industrial waste control and pretreatment ordinances. No
wastewater can be accepted which will add toxic pollutants in quantities not generally associated
with domestic wastewater characteristics,unless the acceptance of the additional wastewater can
be supported through appropriate analyses acceptable to the Director.
6. This Special Order by Consent and any terms and conditions contained herein,hereby supersede
any and all previous Special Orders, Enforcement Compliance Schedule Letters, terms and
conditions contained therein issued in connection with Collection System Permit WQCS00187
and NPDES Permit NC0020095. In the event of a Permit modification or renewal,requirements
contained therein shall supersede those contained in this Special Order by Consent, except as
modified and contained herein.
7. Any violation of the terms of this Special Order by Consent, including paragraphs 2(c) and 2(e)
above may,upon the discretion of the Director, terminate paragraph five (5) of this Order.
8. Noncompliance with the terms of this Special Order by Consent are subject to enforcement
action in addition to the above stipulations, including injunctive relief pursuant to G.S. 143-
215.6(C).
9. 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.
10. This Special Order by Consent shall expire 90 days after completion of the work listed above.

Town of St.Pauls—St.Pauls Collection System and WWTP
EMC SOC WQ S17-007 Ad I
P. 5
For the Town of St Pauls:
Print Name and Title of Signing Official
Signature of Signing Official Date
For the North Carolina Environmental Management Commission:
Linda Culpepper Date
Director,Division of Water Resources

NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF ROBESON
IN THE MATTER OF )
NORTH CAROLINA ) SPECIAL ORDER BY CONSENT
NPDES PERMIT NC0020095 ) EMC SOC WQ S17-007 Ad I
COLLECTION SYSTEM PERMIT WQCS00187 )
HELD BY THE TOWN OF ST. PAULS )
Pursuant to provisions of North Carolina General Statute(G.S.) 143-215.2 and G.S. 143-215.67,this
Special Order by Consent is entered into by the Town of St. Pauls,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 Permit WQCS00187 for operation of an existing
wastewater collection system,but is unable to consistently comply with Condition 1.2.,
regarding sanitary sewer overflows (SSOs) as set forth in Collection System Permit
WQCS00187, and Bypasses and Flow limits as set forth in NPDES Permit NC0020095.
Specifically, frequent and repetitive SSOs and Bypasses have occurred in the portion of the
Town's Collection System just before the Wastewater Treatment Plant and at the Wastewater
Treatment Plant itself. Compliance will require preparation of plans and specifications for
collection system upgrades including,but not limited to, sewer system rehabilitation and
pump station upgrades at Lift Station No. 1 and Lift Station No. 6.
(b) Noncompliance with final conditions constitutes causing and contributing 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.
(c) The Town has secured or will secure financing for planning, design, or construction of a new
or improved wastewater collection system which,once constructed and operated, will be
sufficient to adequately collect wastewater presently being made tributary to the collection
system, such that the Town will be able to comply with final permit conditions in Collection
System Permit WQCS00187 and NPDES Permit NC0020095.
(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.
2. The Town, desiring to comply with the Permits identified in paragraph 1(a) above,hereby
agrees to do the following:
(a) As settlement of all alleged violations of Collection System Permit WQCS00187 and
NPDES Permit NC0020095 prior to entering into this Special Order by Consent, the Town
of St. Pauls agrees to pay the sum of$6,474.09. There are also other flow violations that
have not been assessed but should be coded as No Action, SOC Pending in BIMS. A
certified check must be made payable to the Department of Environment and Natural
Resources and forwarded to the Director of the Division of Water Resources at 1617 Mail
Service Center, Raleigh, NC 27699-1617 by no later than fifteen days following the date
on which this Order is approved and executed by the Commission and received by the
Town of St. Pauls.
(b) Provide the Fayetteville Office of the North Carolina Division of Water Resources
(DWR), located at 225 Green Street, Suite 714, Fayetteville,NC 28301-5095, with a list of

Town of St.Pauls—St.Pauls Collection System and WWTP
EMC SOC WQ S17-007 Ad I
p.2
all additions of flow(see paragraph 5)under the Town's Special Order by Consent, and
update this list each time flow is added to the collection system.
(c) Undertake the following activities in accordance with the indicated time schedule:
I. Operation and Maintenance recommendations:
i. Continue to respond to all SSOs and Bypasses as per conditions found in
Collections System Permit WQCS00187 and NPDES Permit NC0020095.
II. Schedules (engineering, construction& compliance):
Project 1: Sewer System Improvements Related to Sanderson Farms
Funded by CDBG-Economic Development and GoldenLEAF
Phase 1: Sewer System Rehabilitation
Bid: November 2016 (met)
Under Contract: December 2016 (met)
Complete Construction: August 2017 (met)
Phase 2: Pump Station Upgrades at Lift Station No. 1 and Lift Station No. 6
Bid: Opens August 28, 2017 (met)
Under Contract: December 1, 2017 (met)
Complete Construction: December 1, 2018 (met)
Project 2: Wastewater Collection System Rehabilitation
Funded by Clean Water State Revolving Fund Loan
Funding Approval: August 2017 (met)
Submit Engineering Report: December 1, 2017 (met)
Engineering Report Approval: February 28, 2018 (met)
Bid and Design Package Submittal: February 1, 2020
Bid and Design Package Approval: April 30, 2020
Complete Construction: December 1, 2020
If insufficient bidders prevent the Town from lawfully awarding a contract or legal
action by prospective bidders prevents the Town from lawfully awarding contracts
within the time frame stated in paragraph 2(c)(II) above, the Town shall notify
Fayetteville-DWR and this order shall be amended to accommodate any such
delays that are beyond the control of the Town.
III. Achieve Compliance with Permits: March 1, 2021

Town of St.Pauls—St.Pauls Collection System and WWTP
EMC SOC WQ S17-007 Ad I
P.3
(d) During the time in which this Special Order by Consent(SOC)is effective,the Town shall
comply with the interim flow effluent limitations listed below:
Permit Limits Modified Limits (SOC)
Parameters Monthly Avg. Monthly Avg.
Flow 0.5 MGD Monitor Only
(e) The Town shall comply with all terms and conditions of Collection System Permit
WQCS00187 and NPDES Permit NC0020095 except those effluent limitations identified in
paragraph 2(d) above. The Permittee may also be required to monitor for other parameters
as deemed necessary by the Director in future permits or administrative letters.
(f) No later than thirty(30) calendar days after any date identified for accomplishment of any
activity listed in 2(c) above, the Town shall submit to the Water Quality Permitting Section
Supervisor for the Division of Water Resources (DWR) and to the Surface Water
Protection Section Regional Supervisor for the Division of Water Resources (DWR)
Fayetteville Regional Office written notice of compliance or noncompliance therewith. In
the case of noncompliance, the notice shall include a statement of the reasons(s) for
noncompliance, remedial actions(s)taken, and a statement identifying the extent to which
subsequent dates or times for accomplishment of listed activities may be affected.
(g) No later than fifteen(15) calendar days after the end of the calendar quarter stipulated in
the schedule below, quarterly reports will be due to the Surface Water Protection Section
Regional Supervisor for the Division of Water Resources (DWR) Fayetteville Regional
Office.
Quarterly Report Report Due Date
January—March April 15
April—June July 15
July—September October 15
October- December January 15
3. The Town agrees that unless excused under paragraph 4,the Town will pay the Director of
DWR,by check payable to the North Carolina Department of Environment and Natural
Resources, stipulated penalties according to the following schedule for failure to meet the
deadlines set out in paragraphs 2(c) and 2(f).
Violation Description Stipulated Penalty
Failure to meet any milestone date identified in $250/day
paragraph 2(c) above.
Failure to submit any report required by $250/day
paragraph 2(f) above.
Any reportable spill (SSO or Bypass) $250/event
4. The Town and the Commission agree stipulated penalties are not due if the Town satisfies the
Division of Water Resources that noncompliance was caused by extraordinary circumstances:
(a) An act of God;
(b) An act of war;

Town of St.Pauls—St.Pauls Collection System and WWTP
EMC SOC WQ S 17-007 Ad I
p.4
(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 Town;
(d) An extraordinary event beyond the Town's control. Contractor delays or failure to obtain
funding will not be considered as events beyond the Town'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 collections
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. In accordance with the provisions of G.S. 143-215.67(b)the Commission allows the Town to
accept 0.02 MGD of additional wastewater to its collections system and waste treatment system
during the sewer system improvements and wastewater collection system rehabilitation.
The nature of the additional flows is such that the waste characteristics do not exceed those
generally associated with domestic waste or are pretreated to domestic strengths. Waste of
greater than normal domestic strength may be accepted if the parameter(s)that exceed normal
domestic strength wastewater are not those for which interim limitations have been developed
and it can be demonstrated to the satisfaction of the Director the additional waste will not
adversely affect the treatment efficiency of the treatment system for any modified parameter or
result in the violation of any other permit limitation. All new and proposed industrial waste
tributary to the system must be controlled using all needed mechanisms including but not limited
to adoption and implementation of industrial waste control and pretreatment ordinances.No
wastewater can be accepted which will add toxic pollutants in quantities not generally associated
with domestic wastewater characteristics,unless the acceptance of the additional wastewater can
be supported through appropriate analyses acceptable to the Director.
6. This Special Order by Consent and any terms and conditions contained herein,hereby supersede
any and all previous Special Orders, Enforcement Compliance Schedule Letters,terms and
conditions contained therein issued in connection with Collection System Permit WQCS00187
and NPDES Permit NC0020095. In the event of a Permit modification or renewal,requirements
contained therein shall supersede those contained in this Special Order by Consent, except as
modified and contained herein.
7. Any violation of the terms of this Special Order by Consent, including paragraphs 2(c) and 2(e)
above may,upon the discretion of the Director, terminate paragraph five (5) of this Order.
8. Noncompliance with the terms of this Special Order by Consent are subject to enforcement
action in addition to the above stipulations, including injunctive relief pursuant to G.S. 143-
215.6(C).
9. 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.
10. This Special Order by Consent shall expire 90 days after completion of the work listed above.

Town of St.Pauls—St.Pauls Collection System and WWTP
EMC SOC WQ S17-007 Ad I
p.5
For the Town of St Pauls:
Print Name and Title of Signing Official
Signature of Signing Official Date
For the North Carolina Environmental Management Commission:
Linda Culpepper Date
Director,Division of Water Resources