NC0025437_SOC_Draft_20250129

Town of Rich Square
109 N. Main Street • P.O. Box 336
Rich Square, NC 27869
Tel: [phone]
Fax: [phone]
townrichsauarenoutlook. com
January 27, 2025
Mr. Sydney Deuterman
NC-DEQ-DWR—NPDES Permitting
1617 Mail Service Center
Raleigh, NC 27699-1617
Re: SPECIAL ORDER BY CONSENT (SOC)
EMC SOC WQ S24-002
Rich Square WWTP
NPDES Permit NCO025437
Northampton County
Dear Mr. Deuterman:
RECEIVED
J ^ �l 2,9 2025
NCDEQ/DWR/NPDES
Enclosed please find two executed copies of the Special Order by Consent (SOC or the Order) as
per your request.
Please let us know if there is anything else the Town should do at this time.
Thank you for your attention to this matter.
Zczee"�'
el ltk�
Victoria Newcombe
Mayor
Town of Rich Square
Enclosures
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NORTH CAROLINA IRE G E I V E D
ENVIRONMENTAL MANAGEMENT COMMISS
COUNTY OF NORTHAMPTON
i
IN THE MATTER OF )
NORTH CAROLINA ) nn W�1
NPDES PERMIT NO. NCO025437 ) SPECLAL ORDER BY CONSE v�rN PD ES
EMC SOC WQ S24-002
HELD BY )
TOWN OF RICH SQUARE )
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 Rich Square, hereinafter referred to
as Rich Square, 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. Rich Square and the Commission hereby stipulate the following:
a. Rich Square holds North Carolina NPDES permit NCO025437 ("Permit') for operation
of an existing wastewater treatment plant ("WWTP") located in Northampton County,
North Carolina, and for making an outlet therefrom for treated wastewater to Bridgers
Creek, a Class C water of this State in the Roanoke River Basin.
b. Rich Square is unable to consistently comply with the final effluent limits for
Biochemical Oxygen Demand (BOD), Total Suspended Solids (TSS), Ammonia
Nitrogen (NH3N) and Fecal Coliform as set forth in the Permit. Effluent limits for these
(and other) parameters have been exceeded since November 2022 in the manner and to
the extent as shown in Table 1 below.
c. Noncompliance with final effluent limitations is causing or contributing to pollution of
the waters of this state named above, and Rich Square is within the jurisdiction of the
Commission as set forth in G.S. Chapter 143, Article 2.
d. Rich Square has secured the necessary funds for the plans, upgrades and repairs of the
wastewater treatment and disposal system components at the WWTP. Rich Square has
retained an environmental and civil engineering consultant (Todd Steele, PE Engineering
Services, PA) to design upgrades to the W WTP. Compliance with the Permit will require
preparation of a plan for upgrading the W WTP and the respective implementation of the
WWTP upgrades. This includes headworks improvements, aeration improvement, sludge
removal, chemical feed system improvements, and implementing respective protocols for
operational procedures.
e. Since this Special Order is by Consent, neither party will file a petition for a contested
case or for judicial review concerning its terms.

Town of Rich Square — Rich Square WWTP
EMC SOC WQ S24-002
Page 2 of 10
2. Rich Square, desiring to comply with the Permit hereby agrees to do the following:
a. Undertake the activities listed below and in accordance with the indicated time schedule
listed in Table 1:
1) Treatment Unit Investigation. Conduct investigations into available treatment
operations, measures, or technologies that once constructed, will treat wastewater
to such an extent that the discharge from the WWTP will substantially comply with
final effluent limits. Rich Square must communicate in a written report the results
of the investigations and how the proposed treatment unit changes will achieve and
enhance pollutant removal.
2) Solids Management Plan. This Plan is for use by Rich Square. The Solids
Management Plan will be an ongoing plan of action, to ensure proper and effective
sludge management and operational needs are accomplished.
Rich Square will develop a Solids Management Plan for the WWTP. The Plan
must include the following components:
Lagoon Solids Assessment. Determine the current sludge inventory
(depth) and current lagoon storage capacity for the WWTP.
ii. Sludge Removal Priority. Determine sludge depths and spatially prioritize
the location/areas where solids are to be removed. This is to ensure proper
disposal of solids to abate any system short-circuiting that might be
occurring as well as to provide adequate lagoon volume space for proper
treatment plant operations.
iii. Solids Removal Oversight. Detail strategies and action items associated
with the oversight and proper removal of the solids necessary to
implement this Special Order by Consent and the future removal of solids.
Explain how the solids will be disposed, including use of waste haulers,
and detail the methods for solids removal and dewatering, and provide the
process the Town will implement to oversee of this process.
iv. Solids Management Plan Implementation This Plan is to include an
annual assessment and review procedure to ensure the WWTP solids
inventory continues to be managed properly. This Plan is a reference
document for use by the ORC and Town administration staff. It must
minimally include: 1) a predetermined scheduled sludge inventory
assessment to occur at a set frequency (e.g. annually), 2) templates for
sludge inventory data collection and a system to store this data for use and
reference, 3) a schedule for periodic sludge removal, and 4) a plan of

Town of Rich Square — Rich Square W WTP
EMC SOC WQ 524-002
Page 3 of 10
action to secure funding to ensure proper and effective sludge
management is accomplished.
3) Headworks Improvements.
i. Repair or replace existing step screen and compactor.
ii. Develop reference materials and data collection templates for use by the
ORC and Town administration staff that includes: 1) a written reference
document detailing operational process and maintenance schedule to
ensure normal daily/weekly performance of the headworks, 2) a
predetermined schedule and plan for system maintenance and assessment
(e.g. quarterly or semiannual), and 3) templates for data collection for
daily/weekly operations, routine/systematic headworks maintenance and
system repair documentation. (Have a system to keep and store this data
for use and reference.)
4) Sludge Removal from Lagoon. The solids are to be removed from the four -acre
lagoon using information developed from paragraph 2(b)(2)(ii) above. Sludge
removal efforts shall be prioritized to occur during the growing season (between
March through October). Updates and status reports for these efforts are to be
addressed and included in the quarterly reports.
5) Floating Aerators.
Assess the electrical pump controls, the operation, and maintenance
status/needs of all eight (8) existing floating aerators. Replace 3 to 4
aerators and prioritize repairs to the remaining aerators as appropriate and
as funding allows.
ii. Develop reference materials and data collection templates for use by the
ORC and Town administration staff that includes: 1) a written reference
document detailing operational process and maintenance schedule to
ensure reliable daily/weekly performance, 2) a predetermined schedule for
system. maintenance and assessment (e.g. quarterly, semiannually), and 3)
data collection templates for documentation of daily/weekly operations,
routine/systematic maintenance and system repairs for the aerators. (Have
a system to store this data for use and reference.)
6) Chemical Feed Systems.
i. Assess the chemical feed system electrical pump controls, operations, and
maintenance status/needs to achieve appropriate disinfection. Replace and
repair pump systems and piping. Replace chemical feed pumps and piping
for the chlorination and de -chlorination systems.

Town of Rich Square — Rich Square WWTP
EMC SOC WQ S24-002
Page 4 of 10
ii. Develop reference materials and data collection templates for use by the
ORC and Town administration staff that include: 1) a written reference
document for each chemical feed system detailing operational process and
maintenance, 2) a schedule to ensure normal daily/weekly system
performance, 3) a predetermined schedule for chemical feed system
maintenance and assessment (e.g. quarterly), and 4) data collection
templates for daily/weekly operations, routine/systematic maintenance and
system repairs. (Have a system to keep and store this data for use and
reference.)
Note: Use and seek out information provided by vendors to assist with scheduled system
maintenance and assessment.
Chemical Storage. Assess chemical storage and feed. Develop a plan for
appropriate chemical storage, as necessary, to help avoid chemical storage
exposure to sunlight and heat. The goal of the chemical storage plan is to
assess and improve the accuracy and ensure reliability of the chemical
feed system(s). Chemical feed considerations should include, at a
minimum, chemical reactivity to heat, sunlight, off gassing/pump air
binding, dosing accuracy, chemical storage, safety, and spill control. The
goal of the chemical storage assessment is to abate/stem the potential for
Chlorine and De -chlorination chemical degradation prior to use.

Town of Rich Square — Rich Square WWTP
EMC SOC WQ S24-002
Page 5 of 10
Table 1: Event Schedule
Scheduled Activity
Completion Date
_
(due on or before)
Treatment Unit Investigation: Written report dues
No later than 90 days after SOC
effective date
Solids Management Plan: Written report due
No later than 180 days after SOC
effective date
Completion of Headworks, Floating Aerator and
No later than 180 days after SOC
Chemical Feed reference materials.
effective date
Bid Date — Receipt of Bids from Contractors
June 1, 2025
Award Contract to Selected Contractor — Issue Notice
July 1, 2025
to Proceed (NTP)
Mobilize and Begin Construction and Operations
Within 180 days of issuance of
Notice to Proceed
Complete Headwork Improvements (bar screen,
mechanical bar screen, and compactor), Targeted
Sludge Removal from Lagoon, Floating Aerator
No later than 360 days after SOC
effective date
Improvements and Chemical Feed System
Improvements
Complete Construction and Operations
January 31, 2026
Achieve compliance with NPDES final effluent
May 1, 2026
limits
"The written report is to be submitted to the Raleigh Regional Supervisor. See address in paragraph 2(b).
b. Rich Square will submit quarterly progress reports detailing the work and activities
undertaken and completed regarding the upgrades to the wastewater treatment plant.
Funding, Solids Management Efforts, and Management Plan(s) development. The
quarterly progress reports must also clearly identify any noncompliance, including
reporting quarter. The report must include a statement of the reason(s) for noncompliance,
remedial action(s) taken, and the extent to which subsequent scheduled activities and dates
may be affected. The reports are to be submitted as follows:
One copy must be mailed to:
Raleigh Regional Supervisor
Water Quality Regional Operations Section
1628 Mail Service Center
Raleigh, NC 27699-1628
One copy must also be mailed to:

Town of Rich Square — Rich Square W WTP
EMC SOC WQ S24-002
Page 6 of 10
Compliance & Expedited Unit
NC DWR—NPDES Permitting Section
1617 Mail Service Center
Raleigh, NC 27699-1617
Beginning January 30, 2025, the quarterly reports are due in each respective office
no later than the thirtieth (301h) day of January, April, July, and October for the
duration of this Order.
c. No later than twenty (20) calendar days after any date identified for accomplishment of
any activity listed in paragraph 2(a) above, Rich Square shall submit to the Division of
Water Resource (DWR) Raleigh Regional Office 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 scheduled
activities may be affected.
Compliance notifications shall be submitted to the same address noted in paragraph
2(b) above.
d. In the event Rich Square becomes aware of contractor delays that would prevent meeting
a due date for an activity, Rich Square may submit a request to the Division for up to a
180-day deadline extension. This extension request must be received by the Division no
later than 30 days prior to the due date of the applicable activity as set forth in Table 1 in
Paragraph 2(a) and will only be granted on a one-time basis per activity.
The extension request shall include the reason for the delay and include documentation
from the contractor regarding the delay and documentation of any steps Rich Square has
taken to prevent the delay and minimize the impact to other activities. Based on the
information provided, the Division shall determine whether Rich Square has made the
necessary showing.
Extension requests shall be submitted to the same address noted in paragraph 2(b)
above.
e. During the time in which this Special Order by Consent is effective, Rich Square shall
continue to monitor for all parameters at the specified frequency as listed in the Permit.
These parameters include Flow, Temperature, Total Residual Chlorine, Dissolved
Oxygen (DO), BOD, TSS, NH3N, Fecal Coliform, pH, Total Nitrogen, Total Phosphorus,
and upstream and downstream Temperature and DO as set forth in the Permit. Rich
Square may also be required to monitor other parameters, as deemed necessary by the
Director, in future permits or administrative letters.
Under this Special Order by Consent, ONLY the parameters listed in Table 2 below
have been modified from the most current NPDES Permit in effect for Outfall 001.
Beginning on SOC issuance, the interim effluent requirements are effective through

Town of Rich Square — Rich Square W WTP
EMC SOC WQ S24-002
Page 7 of 10
April 30, 2026. All effluent parameter monitoring requirements, frequencies, and
permit conditions remain in full effect and are unchanged.
Table 2. Interim Effluent Requirements beginning on SOC issuance through April 30, 2026.
Interim Effluent Limits (SOC)
Effluent Characteristics
Unit of
Measure
Monthly
Weekly
Frequency
Average
Average
Flow
MGD
Monitor & Report
Continuous
Dissolved Oxygen
mg/L
Daily average - Monitor &
Weekly
Report
BOD, 5-day 20°C
m
89
106
2/Month
TSS
m
130
161
2/Month
NH3 as N
m /L
10
29
2/Month
Fecal Coliform
#/100m1
Monitor & Report
2/Month
f. Rich Square will continue to operate the WWTP as best possible to prevent/minimize any
adverse impacts to the surface waters.
3. Rich Square hereby agrees to the following penalties and payments:
a. The Town of Rich Square has been assessed penalties totaling $81,212.84, consisting of
$79,641.50 in penalties and $1,571.34 in enforcement costs, for effluent limit and
monitoring frequency violations that occurred from July 2022 through February 2024. Of
that total, nothing has yet been remitted (reduced/removed), leaving the full outstanding
civil penalties balance of $81,212.84, as summarized in Table 3 below.
b. Rich Square shall pay an upfront penalty in the amount of $1,571.34 within thirty (30)
calendar days of execution of this SOC. The remaining balance of $79,641.50 shall be held
in abeyance and remitted in full pending the successful conclusion of the Special Order by
Consent, which includes completing the items listed in paragraph 2(a) and achieving
compliance with final effluent limits by May 1, 2026. Should the Special Order by Consent
not reach a successful conclusion, the amount held in abeyance will be due immediately
by check payable to the North Carolina Department of Environmental Quality and
forwarded to the Director of DWR
Table 3. Unsettled Enforcement Cases
Penalty
Assessment
Case Number
Approved
Balance Due
LV-2022-0298
11/15/22
$1,547.77

Town of Rich Square — Rich Square WWTP
EMC SOC WQ S24-002
Page 8 of 10
LM-2023-0030
01/04/23
$9.742.68
LM-2023-0007
02/06/23
$1,587.25
LV-2023-0051
02/20123
$5,726.62
LV-2023-0052
02120/23
$2,416.62
LV-2023-0078
03/10/23
$1,595.72
LV-2023-0164
0612V23
$3.146.36
LV-2023-0184
07/17/23
$3,416.36
LM-2023-0019
07/25/23
$3,130.68
LV-2023-0222
09/01123
$8,270.68
LV-2023-0230
09/01/23
$5,710.68
LV-2023-0308
12/12123
$6,855.68
LV-2023-0314
12J12123
$8,020.68
LM-2024-0010
03112/24
$5,432.36
LV-2024-0059
03/12/24
$4.215.36
LV-2024-0060
03/12/24
$3,135.36
LM-2024-0019
05110124
$4,140.99
LV-2024-0132
05110/24
$3,120.99
Total Cases:
18
$81,212.84
c. Rich Square agrees that unless excused under paragraph four (4), Rich Square 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 and reporting requirements set out in paragraphs 2(a), 2(b), 2(c), and 2(e).
Violation Description
Stipulated Penalty
Failure to meet a Scheduled Activity by the due
$500 per day.
date specified in paragraph 2(a) (except final
effluent limits);
Failure to comply (exceedance) with interim limits
$100 per each interim limit exceedance
as specified in Table 2;
as specified in Table 2.
Failure to monitor for parameters specified in
$100 per omitted value per.parameter.
Table 2;
Failure to submit Quarterly Progress Reports and
$500 for the first violation; penalty
Compliance Notifications as specified in
doubles with each subsequent
paragraphs 2(b), and 2(c);
assessment for late reports.
Failure to achieve compliance with final effluent
$5,000 (single penalty).
limits;

Town of Rich Square — Rich Square W WTP
EMC SOC WQ 524-002
Page 9 of 10
4. Rich Square and the Commission agree that the stipulated penalties are not due if Rich
Square satisfies the 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 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
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. 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 the Permit. 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(e) above.
7. This Special Order by Consent may be amended provided Rich Square 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, Rich Square will not be permitted to
accept additional wastewater from any domestic, industrial, or commercial sources without
prior approval from the Raleigh Regional Supervisor and the Water Quality Permitting
Section.
Pursuant to amended North Carolina General Statute § 143-215.31), effective January 1,
1999, water quality fees have been revised to include an annual fee for any permit covered
under a Special Order by Consent, in addition to the annual fee for the permit. Rich Square
will be subject to a fee of $250.00 on a yearly basis while under this Order, in addition to an
annual permit fee of $1,150.00. Rich Square will be billed for this for the duration of this
Special Order by Consent.

Town of Rich Square —Rich Square WWTP
EMC SOC WQ S24-002
Page 10 of 10
10. Failure to meet scheduled dates identified in paragraph 2(a) may terminate this Special Order
by Consent and require Rich Square to comply with the terms and conditions contained in the
permit identified in paragraph 1(a).
11. Rich Square, 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 July 1, 2026.
For Town of Rich Square:
V IC�6C'�G ,�IQwCcrm�n
Print Name of Signing Official
Signature
Title
Date
For the North Carolina Environmental Management Commission:
Richard E. Rogers Jr.
Director, Division of Water Resources
Date