WQCS00104_Special Order of Consent_20220408

CITY OF HAVELOCK
Post Office Box 368
Havelock, N.C. 28532
RECEIVED
APR 082022
NC DEQ/DWR
Central Office
April 4, 2022
North Carolina Department of Environmental Quality
Division of Water Resources
Attn: Robert Tankard — Regional Operations Section
1617 Mail Service Center
Raleigh, NC 27699-1617
Subject: Special Order by Consent
EMC SOC S19-002 Amendment 1
Permit WQCS00104
City of Havelock Collection System
Dear Mr. Tankard:
Please find enclosed one (1) executed original of the above subject matter document. As authorized by
the Havelock Board of Commissioners, the original Special Order by Consent was signed by the City Manager
on December 13, 2019, followed by the attachment amendment signed on April 4, 2022. Once approved and
executed by the North Carolina Environmental Management Commission, please forward one (1) copy to the
following address for our records:
City of Havelock
Attn: Cindy Morgan, City Clerk
P.O. Box 368
Havelock, NC 28532
Thank you.
Enclosures (1)
cc:
Cindy K. Morgan
City Clerk
Havelock Governing Body
Chris McGee, Havelock City Manager
Rick Day, Havelock Interim Public Utilities Director
Tom Tant, Hazen & Sawyer
File
Phone [phone]
www.havelocknc.us Fax [phone]

RECEIVED
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF CRAVEN
IN THE MATTER OF
NORTH CAROLINA
COLLECTION SYSTEM PERMIT
NUMBER WQCS00104
HELD BY THE CITY OF
HAVELOCK
APR 0 8 NUS
Contrail
SPECIAL ORDER BY CONSENT
EMC SOC S19-002 Ad. I
Pursuant to provisions of North Carolina General Statutes (G.S.) 143-215.2 and G.S. 143-
215.67, this Special Order by Consent (SOC) is entered into by the City of Havelock,
hereinafter referred to as the City, 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 City and the Commission hereby stipulate the following:
(a) The City holds North Carolina Non -Discharge Permit No. WQCS00104 for
operation of an existing wastewater collection system. The City is unable to
consistently comply with Condition 1.2., regarding sanitary sewer overflows (SSOs)
as set forth in Collection System Permit WQCS00104. Frequent and repetitive
SSOs have occurred in portions of the City's collection system. Compliance will
require preparation of plans and specifications for collection system upgrades
including, but not expressly limited to the rehabilitation of multiple sewer system
lines, manholes and lift stations.
(b) Noncompliance with permit conditions constitutes causing and contributing to
pollution of the waters of this State, and the City is within the jurisdiction of the
Commission as set forth in G.S. Chapter 143, Article 21.
(c) The City has secured or will secure financing for the planning, design, and/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 City will be
able to comply with final permit conditions in Collection System Permit
WQCS00104.
(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.
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2. The City desiring to comply with the Permit identified in paragraph 1(a) above, hereby
agrees to do the following:
(a) As part of this agreement, the City requests an additional discharge of 20,000
gallons per day of domestic wastewater to the treatment works. Any additional
wastewater discharges can only occur after approval by the Division of Water
Resources in the Washington Regional Office. 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 will not be approved for discharge.
(b) Undertake the following activities in accordance with the indicated time schedule:
(1) On or before November 1, 2019, repair points and/or lines along Woodhaven
Drive, Rice Lane, Speight Street, Bristol Lane and Grey Fox Road and repair
the Rose Brothers and High School Lift Station. (MET)
(2) On or before April 1, 2020, repair Forest Hill Manhole, Daniels Court Manhole,
and Shepard Street line. (MET)
(3) On or before August 1, 2020, install and certify an influent flow meter to the
WWTP. (MET)
(4) On or before August 1, 2020, the City shall perform an engineering review of
the main gravity trunk line from Hollywood Blvd. to the WW P to determine the
corrections needed to eliminate sanitary sewer overflows at manhole G111.
The City shall include a timeline with fixed dates when corrections are to be
made. The dates for corrections as agreed upon by the Division of Water
Resources in the Washington Regional Office shall be adopted as part of the
SOC and shall be enforceable under paragraph 3. (MET)
(5) On or before January 1, 2024, complete all construction and achieve
compliance with all permit conditions.
(6) Provide the Washington Regional Office with quarterly progress reports.
Quarterly reports shall include, at a minimum, documentation of the City's,
project funding status, progress of infiltration/inflow reduction and the status of
the repair projects. Reports are due, November 1, February 1, May 1, and
August 1.
(c) The City shall comply with all terms and conditions of the permit except in relation
to the issues noted in 1(a) and shall make every effort to prevent the discharge of
wastewater to the State's waters within its ability to operate the sanitary sewer
collection system. The City may also be required to monitor for other parameters
as deemed necessary by the Director in future permits or administrative letters.
(d) No later than thirty (30) calendar days after any date identified for accomplishment
of any activity listed in 2(b) above, submit to the Director written notice of
compliance 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.
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3. The City agrees that unless excused under Section 4, the City will pay the Director,
by check payable to the North Carolina Department of Environmental Quality,
stipulated penalties according to the following schedule for failure to meet deadlines
set out in Sections 2(b) or conditions of the SOC.
Failure to meet a schedule date
Failure to comply with SOC condition.
Sanitary Sewer Overflow at G111
$100/day for the first 7
days; $500/day
thereafter
$500.00/day until met
$1,000.00/event
Failure to achieve compliance with final sewer $5,000.00
repair/rehabilitation work at final compliance date
Failure to submit quarterly progress reports $1,000.00/ violation
4. The City and the Commission agree that stipulated penalties are not due if the City
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 City or if the act or
omission occurs in connection with a contractual relationship with the City;
(d) An extraordinary event beyond the City's control. Contractor delays or failure to
obtain funding will not be considered as events beyond the City'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. This SOC 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 Permit Number
WQCS00104.
3

6. Noncompliance with the terms of this SOC are subject to enforcement action in
addition to the above stipulated penalties, including injunctive relief pursuant to G.S.
143-215.6(C).
7. The City, upon signature of this SOC, will be expected to comply with all
schedule dates, terms, and conditions of this document.
8. This Special Order of Consent shall expire May 1, 2024.
For the City of Havelock:
Date 41I
Signature df Signing Official
Ohri's7vpher W. Ire ce, C'/iyi?anaz cr
Print Name and Title of Signing Official
For the North Carolina Environmental Management Commission:
Chairman of the Commission
4
Date