NC0064246_SOC (Draft)_20230330

NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF JOHNSTON
IN THE MATTER OF
NORTH CAROLINA
NPDES PERMIT NO. NCO064246
HELD BY
JONES ESTATES PACE LLC
SPECIAL ORDER BY CONSENT
EMC SOC WQ S22-004
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 Jones Estates Pace LLC, hereinafter referred to
as Pace, 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. Pace and the Commission hereby stipulate the following:
(a) Pace holds North Carolina NPDES Permit NCO064246 for operation of an existing
wastewater treatment works and for making an outlet therefrom for the discharge of
treated wastewater to an unnamed tributary to Buffalo Creek, Class C; NSW waters of
this State in the Neuse River Basin.
Pace is unable to consistently comply with the final effluent limits for Biochemical
Oxygen Demand (BOD). Total Residual Chlorine (TRC), Fecal Coliform, Dissolved
Oxygen (DO), Total Suspended Solids (TSS), and Ammonia Nitrogen due to the severe
deteriorated condition of the wastewater treatment plant (WWTP).
(b) Noncompliance with final effluent limitations constitutes, causing, and contributing to
pollution of the waters of this State named above, and Pace is within the jurisdiction of
the Commission as set forth in G.S. Chapter 143, Article 21.
(c) Pace has secured the necessary funds for the plans, upgrades and repairs of the
wastewater treatment and disposal system components at the WWTP as described below
which, once constructed and operated, will be sufficient to adequately convey and treat
wastewater presently being discharged, to such an extent that Pace will be able to comply
with the final effluent limits and operational requirements as set forth in NPDES Permit
NCO064246.
i. Construct new flow splitter box with bar screen between the two treatment trains.
ii. Install new equipment in Train 2, which includes blowers, motors, and
plumbing, and running electrical to the new equipment. Transition treatment
operations from Train I to Train 2.
iii. Remove old equipment and tank from Train I for refurbishing or replacement
as needed.
iv. Bring Train I back online and re -start dual train operations.

Jones Estates Pace LLC — Pace Mobile Home Park
EMC SOC WQ S22-004
Page 2 of 7
(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. Pace, desiring to comply with the permit identified in Paragraph l(a) above, hereby agrees to
do the following:
(a) Undertake the following activities in accordance with the indicated time schedule:
Scheduled Activity
Due Date
ubmit Monthly Progress Reports
Subm't on
see details in Paragraph 2(b) below.)
11
e i
(s t �s
Beginning March 15, 2023
For NPDES Permit NCO064246:
C 0 str e
onstruct new flow splitter box with bar screen
u
January 31, 2023
(COMPLETED)
I s 11 ew I
nstall new Train 2 equipment
May 1, 2023
Transition treatment operations from Train 1 to Train 2
May 15, 2023
Obtain field lab certification from DWR
May 31, 2023
Remove Train I from operation for refurbishing and replacement
of old equipment
July 1, 2023
Re -install Train I and being operations with dual treatment trains
August 31, 2023
Attain Compliance with NPDES permit limits
November 1, 2023
(b) Pace will submit monthly progress reports detailing the work and activities undertaken and
completed on the upgrades to the collection system. The reports are to be submitted via mail or
e-mail as follows:
• If submitting hard copies by mail, one copy each must be mailed to:
• Raleigh Regional Office Supervisor, Division of Water Resources / Water
Quality Regional Operations Section, 3800 Barrett Drive, Raleigh, NC 27609
• Water Quality Permitting Section / NPDES, 1617 Mail Service Center
Raleigh, NC 27699-1617
• If submitting electronically, a copy must be sent to:
• Sydney Carpenter, Central Office (sydney.can2enterkncdenr.gov)
• Vanessa Manuel, Raleigh Regional Office (vanessa.manuel(&,ncdenr.go
The monthly reports must be received by each respective office no later than the fifteenth
(I 5th) day of each month for the duration of this Order.
(c) Beginning upon issuance of this SOC and lasting through October 31, 2023, Pace will
comply with all terms and conditions of the permit with the exception of effluent limits for
the parameters identified in Paragraph I (a). See Table I below for the interim effluent
requirements. On November 1, 2023, Pace must comply with all limits, terms, and
conditions of the NPDES permit NCO064246. See Attachment A for all current monitoring
requirements and effluent limits in NPDES Permit. Pace may also be required to monitor
for other parameters, as deemed necessary by the Director, in future permits or

Jones Estates Pace LLC — Pace Mobile Home Park
EMC SOC WQ S22-004
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administrative letters.
Under this SOC, only the parameters listed below have been modified from the most
current NPDES Permit NCO064246 in effect for Outfall 001.
Table 1. Interim effluent requirements beginning on SOC issuance through October 31, 2023.
Parameters
Units
Interim Requir ments
Monthly
Avg.
Daily
� I Max
Frequency
BOD
mg/L
Monitoring Only
Weekly
TRC
Monitoring Only
2/Week
Monitoring Only
Weekly
-TSS
Ammonia Nitrogen (s)
mg/L
Monitoring Only
Weekly
Ammonia Nitrogen (w)
mg/L
Monitoring Only
Weekly
Dissolved Oxygen
mg/L
Monitoring Only
Weekly
Fecal Coliform*
#/100 mL
Monitoring Only
Weekly
s = summer (April I — October 3 1); w = winter (November I — March 3 1)
* = geometric mean
(d) No later than fifteen (15) calendar days from the due date for any Scheduled Activity in
Paragraph 2(a) above, Pace shall submit to the Division of Water Resources' (DWR)
Raleigh Regional Office 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 the Scheduled Activity may be affected.
(e) Pace will continue to operate the wastewater treatment plant as best as possible to
prevent/minimize any adverse impacts to the surface waters.
3. Pace, desiring to comply with the permit identified in Paragraph l(a) above, hereby agrees to
the following settlement of outstanding civil penalties, an upfront penalty, and stipulated
penalties:
(a) Pace has outstanding civil penalty assessments that total $136,773.29. As settlement of
all alleged violations and unsettled enforcement cases of NPDES permit number
NCO064246, as detailed in the tables below, prior to entering into this Special Order by
Consent, Pace agrees to pay an upfront penalty amount of $27,354.00, with the remaining
amount of $109,419.29 to be held in abeyance until the successful completion of this
SOC.
Table 2. Unsettled Enforcement Cases
Case Number
Violation Month
Total Penalty Amount
LM-2021-0050
September 2020
$4,755.32
LM-2021-0051
October 2020
$5,411.57
MV-2021-0017
November 2020
$4,130.32
LM-2021-0052
December 2020
$4,317.82

Jones Estates Pace LLC — Pace Mobile Home Park
EMC SOC WQ S22-004
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LM-2022-0003
January 2021
$10,786.57
LM-2022-0006
February 2021
$9,536.57
LM-2022-0009
March 2021
$6,836.57
LM-2022-0012
April 2021
$4,486.57
LM-2022-0014
May 2021
$2,636.57
LM-2022-0015
June 2021
$3,036.57
LM-2022-0016
July 2021
$4,186.57
LM-2022-0020
August 2021
$9,336.57
LM-2022-0022
September 2021
$10,886.57
LV-2022-0107
September 2021
$636.57
LM-2022-0023
October 2021
$11,786.57
LM-2022-0018
November 2021
$7,236.57
LM-2022-0025
December 2021
$5,036.57
LM-2022-0034
January 2022
$4,436.57
LM-2022-0036
February 2022
$6,336.57
LM-2022-0037
March 2022
$4,436.57
LM-2022-0046
April 2022
$6,786.57
LM-2022-0047
May 2022
$9,736.57
Table 3. Alleged Violations
NO�LNumber =
Violation Month
NOV-2022-LM-0045
June 2022
NOV-2022-LM-0057
July 2022
NOV-2022-LM-0066
August 2022
NOV-2022-LR-0084
September 2022
NOV-2023-LM-0003
October 2022
NOV-2023-LM-0004
November 2022
NOV-2023-PC-0080
Compliance Inspection
(b) At the successful conclusion of this Special Order by Consent, the penalty amount held in
abeyance ($109,419.29) will be remitted. Should the Special Order by Consent not reach
a successful conclusion, the full remaining penalty amount of $109,419.29 will be due
immediately by check payable to the North Carolina Department of Environmental
Quality and forwarded to the Director.
(c) Pace agrees that unless excused under Paragraph 4, Pace 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); and interim effluent monitoring requirements set out in
Paragraph 2(c):
Violation Description
Ytipulated Penaltv
Failure to meet a Scheduled Activity by
$ 1,000 per day
the due date specified in Paragraph 2(a)
Failure to monitor for parameters
$ 100 per omitted value per parameter
specified in Paragraph 2(c)
(to be paid on a monthly basis)
Failure to Submit Monthly Progress
$ 1,000 for the first violation; penalty
Reports
doubles with each subsequent
assessment for late reports

Jones Estates Pace LLC — Pace Mobile Home Park
EMC SOC WQ S22-004
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Failure to achieve compliance with final $5,000 (single penalty)
effluent limits
(d) Certified checks are to be made payable to the North Carolina Department of
Environmental Quality and forwarded to Director of DWR at 1617 Mail Service
Center, Raleigh, North Carolina 27699-1617.
4. For purposes of the stipulated penalties under Paragraph 3(c), Pace may present information
to the Division that the failure to complete a Scheduled Activity by the specified due date is
the result of-
• An act of God;
• An act of war;
• An intentional act or omission of a third party (unless the act or omission is
that of an employee or agent of Pace or if the act or omission occurs in
connection with a contractual relationship with Pace);
• An extraordinary event beyond Pace's control. (This does not include
contractor delays, supply chain issues, or failure to obtain funding); or
• Any combination of the above causes.
Based on the information provided by Pace, the Division shall determine whether Pace has
made the necessary showing.
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, 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 NCO064246. In the event of an NPDES permit modification or renewal ' any effluent
limit or monitoring requirements contained therein shall supersede those contained in 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 Pace 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, Pace will not be permitted to accept
additional wastewater from any domestic, industrial, or commercial sources without prior
approval from DWR.

Jones Estates Pace LLC — Pace Mobile Home Park
EMC SOC WQ S22-004
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9. Failure to meet the scheduled dates identified in Paragraph 2(a) may terminate this Special
Order by Consent and require Pace to comply with the terms and conditions contained in the
permit identified in Paragraph I (a).
10. Pace, 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 December 15, 2023.
For Jones Estates Pace LLC.-
Kellen Buss, Director of Site Infrastructure Date
Jones Estates Pace LLC
For the North Carolina Environmental Management Commission:
Richard E. Rogers, Director
Division of Water Resources
Date

Jones Estates Pace LLC — Pace Mobile Home Park
EMC SOC WQ S22-004
Page 7 of 7
Attachment A
NPDES Permit NCO064246
Effluent Limits and Monitoring Requirements
Permit NCO064246
Part I
A. (1) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
[15A NCAC 0213.0400 et seq., 0213.0500 et seq.]
During the period beginning on the effective date of this permit and lasting until expiration,
the Permittee is authorized to discharge from outlall 001. Such discharges shall be limited
and monitored' by the Permittee as specified below:
PARAMETER
JeDMR Code]'
EFFLUENT LiMITS
90NITORING REQUIREMENTS
Monthly
Average
Daily
Maximum
Unit of
Measure
Measurement
Frequency
Sample
Type
Sample
Locaffon2
Flow 50050]
0.015
MGD
Continuous
Recorder
Influentor
Effluent
Total Monthiy Flow [822201
MG/month
Monthly
Recorder or
Calcu�ated
Influentor
Effluent
BOD, 5-Day (20 Deg. C) [C03101
9
13,5
mgiL
Weekly
Grab
Effluent
Total Suspended Solids [C053-01
30
45
mgiL
Weekly
Grab
Effluent
Ammonia Nitrogen (as N) [006101
UArl 1 - October 31)
2
10
mg/L
Weekly
Grab
Effluent
Ammonia Nitrogen (as N) [0061 Oj
(November I - March 31)
4
20
mg/L
Weekly
Grab
Effluent
Fecal Coliform (geometric mean) [316161
200
400
#1100ml
Weekly
Grab
Effluent
Total Residuai Chlorine (TRC) 3 [50060]
17
Pg/L
2 X week
Grab
Effluent
Temperature [C0010]
degrees C
Weekly
Grab
Effluent
Dissolved Oxygen [003GO]
Daily average > 5.0 mgIL
mgiL
Weekly
Grab
Effluent
Total Phosphorus (as P) [CO665)
mg/L
Monthly
Grab
Effluent
Total NitrogeA4 (as N) [CO6001
MgIL
Monthly
Grab
Effluent
Total Nitrogen Loads [QM600)
JQY6001
pounds/month
Monthly
Calculated
Effluent
poundsiyear
Annually
Calculated
Effluent
Total Kleidahl Nitrogen (as N) [006251
mg1L
MonthJy
Grab
Effluent
NO2 +NOj (as N) [00630]
mg/L
Monthly
Grab
Effluent
pH [00400]
> 6.0 and < 9.0
standard units
Weekly
Grab
Effluent
Temperature [000101
degrees C
Weekly
Grab
U&D
Dissolved Oxygen [00300]
mg1L
Weekly
Grab
U&D
Footnotes.,
1. The permittee shall submit discharge monitoringreports electronically using the NC eDMR system
application system [see A. (5)],
2. U: at least 100 feet upstream frorn the outfaU. D., at least 300 feet downstream from the outfall.
3. The facility shall report all effluent TRC values reported by a North Carolina ceEti&d laboratory
inchiding field certified- However, effluent values < 50 Vg/L will be treated as zero for compliance
purposes.
4. For a given wastewater sample, TN = TKN + NO3-N + NO2-N, where TN is Total Nitrogen, TKN is
Total Kjeldahl Nitrogen, and NO3-N and NO2-N are Nitrate and Nitrite Nitrogen, respectively.
5. TN Load is the mass quantity of Total Nitrogen discharged [see A� (2)],
There shall be no discharge of floating solids or visible foam in other than trace amounts.
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