WQ0014550_SOC (Application)_20220824

NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF PAMLICO
IN THE MATTER OF
NORTH CAROLINA
NON -DISCHARGE PERMIT
NUMBER WQ0014550
HELD BY DON LEE CAMP AND
RETREAT CENTER
SPECIAL ORDER BY CONSENT
EMC SOC S18-003 Ad. IV
Pursuant to provisions of North Carolina General Statutes (G.S.) 143-215.2, this Special
Order by Consent (SOC) is entered into by the Don Lee Camp and Retreat Center,
hereinafter referred to as the Permittee, 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 Permittee and the Commission hereby stipulate the following:
(a) The Permittee holds North Carolina Non -Discharge Permit No. WQ0014550 for
operation of an existing wastewater treatment and disposal system located
adjacent to an unnamed tributary to the Neuse River and the Neuse River and all
within the Neuse River Basin which is classified SA HQW NSW. The currently
permitted wastewater treatment and disposal system is not capable of disposing
of the wastewater generated by Don Lee Camp and Retreat Center by the
permitted method. The infiltration pond is not capable of disposing of the treated
wastewater and is currently having to pump and haul their treated wastewater to
the City of New Bern's WWTP. Compliance may require preparation of plans and
specifications for construction and operation of additional disposal facilities.
(b) Noncompliance with permit conditions constitutes causing and contributing to
pollution of the waters of this State, and the Permittee is within the jurisdiction of
the Commission as set forth in G.S. Chapter 143, Article 21.
(c) The Permittee has secured grants or otherwise will secure financing for planning,
design, and construction of some portion of the construction necessary to
achieve compliance with permit conditions.
(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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(e) The permittee has requested an extension to the SOC to determine if the
improvements to the DHHS system will accommodate flows from the camp. The
permittee has not been able to verify the system since the camp has been vacant
due to COVID19.
2. The Permittee desiring to comply with the Permit identified in Section 1(a) above,
hereby agrees to do the following:
(a) Undertake the following activities in accordance with the indicated time schedule:
(1) On or before April 1, 2019, submit an alternative analysis report on
proposed disposal options. (MET)
(2) On or before August 1, 2019, submit permit application for a new/repair
disposal system. (MET)
(3) On or before December 1, 2019, begin construction of the permitted system
if permitted by DEQ DWR or by August 1, 2020 if permitted by DHHS
Environmental Health, On -Site Water Protection Branch. (MET)
(4) On or before May 1, 2021, complete construction of the proposed disposal
system if permitted by DEQ DWR or by January 1, 2022 if permitted by DHHS
Environmental Health, On -Site Water Protection Branch. (MET)
(5) On or before June 1, 2023, 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
Permittee's weekly inspections of the structural integrity of the infiltration
pond, and the status of the repair project. Reports are due May 1, August 1,
November 1, and February 1.
(b) Permittee 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
treatment facility and the disposal facility. The Division understands that the
infiltration pond has failed as referenced in 1(a) of this SOC. The Permittee may
also be required to monitor for other parameters as deemed necessary by the
Director in future permits or administrative letters.
(c) Permittee shall maintain Pump and Haul Permit No. WQ0039818 for hauling of
its treated wastewater to the City of New Bern.
(d) Permittee shall maintain a minimum of a twelve -inch freeboard in the infiltration
pond at all times.
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(e) During storm events, the permittee shall take the necessary precautions to pump
out the infiltration pond to accommodate the rainfall amount in the area that is
forecasted by the National Weather Service. The pumping will be completed 72
hours prior to the storm's projected landfall. Therefore the irrigation pond shall
have the twelve inches plus the amount that is projected. At no time should the
freeboard be less than twelve inches.
(f) No later than thirty (30) calendar days after any date identified for
accomplishment of any activity listed in 2(a) 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.
3. The Permittee agrees that unless excused under Section 4, the Permittee 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 and conditions set out in Section 2.
Failure to meet a schedule date
Failure to achieve compliance with final
effluent limitations at final compliance deadline.
Failure to submit progress reports
Failure to meet a condition of the SOC
$100/day for the first 7
days; $500/day
thereafter
$5000.00
$1000.00/ violation
$500.00/day
4. The Permittee and the Commission agree that stipulated penalties are not due if the
Permittee 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 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
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(e) Any combination of the above causes.
Failure within 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 30 days has elapsed.
5. This SOC and any terms, conditions and interim effluent limitations 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 No.WQ0014550.
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.
143-215.6C.
7. The Permittee, upon signature of this SOC, will be expected to comply with all
schedule dates, terms, and conditions of this document.
8. This SOC shall expire October 1, 2023.
For Don Lee Camp and Retreat Center:
Date a Jr -A)
re of fling Official
For the North Carolina Environmental Management Commission:
Chairman of the Commission
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Date