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Kinston sewer moratorium will not be lifted until wetlands are cleaned, entire system brought into compliance and long-term needs addressed

KINSTON -- A moratorium imposed last month on the City of Kinston for new sewer line extensions will not be lifted until the municipality has cleaned up a major sludge discharge, brought its sewage system into consistent compliance and addressed long-term improvement needs.

The terms are part of a consent judgment that Superior Court Judge James D. Llewellyn approved here Tuesday. Also signing the order were the city, Office of the Attorney General and Department of Environment and Natural Resources.

"This judgment offers major improvements to the city's sewer system and treatment plants, and will help protect the Neuse River for years to come," said Tommy Stevens, deputy director for DENR's Division of Water Quality. "Kinston is making a strong commitment and it's needed to deal with a host of operational problems and infrastructure needs."

A 5-year timeline in the judgment outlines measures to identify and improve the city's overall wastewater treatment and collection system (sewer lines, pump stations and the treatment plants). Short term, intermediate and long term requirements are specified. The city has two wastewater treatment plants -- the 6.75 million gallons per day Peachtree plant and the 4.5 million gallons per day Northside facility -- plus several hundred miles of sewer lines.

Under the agreement, Kinston has until Sept. 1, 1998 to submit to DWQ a plan for remediation of sludge found in April around Peachtree in wetlands adjacent to the Neuse River. The city will also provide an assessment of how and where the solids were discharged, and a proposed schedule to prevent future discharges.

Kinston has until March 1, 2000 to prepare a long-term plan to bring its overall wastewater system into compliance with environmental laws. Repairs, upgrades and other improvements must be scheduled by Dec. 31, 2003. To ensure that the proposed system upgrades are consistent with long term needs, the city has to forecast its sewer requirements (such as the Global Transpark) during the next 20 years.

Once Kinston addresses specified problems, such as chronic overflows and treatment plant discharge violations, and has demonstrated consistent compliance it can request that DWQ either lift the moratorium or some of its restrictions. DWQ issued the moratorium July 6, which prohibits all new sewer line extensions.

"It depends on what progress is being made," Stevens said, "and whether we're satisfied with it."

Following are interim requirements that the city is to provide DWQ by Jan. 1, 2000:

  • A plan and schedule submitted by Oct. 1, 1998 for improvements to address effluent conveyance channels for treated wastewater at both plants;
  • An evaluation and proposed schedule by Dec. 1, 1998 for completing operational changes, repairs and improvements to handle short term needs in regards to solids handling and sludge disposal at both plants, while long term repairs and improvements are being developed;
  • An evaluation of overall deficiencies by Dec. 1, 1999 to address rainwater infiltration and inflow problems with the overall collection system The report shall also include a prioritized list of corrective measures to eliminate bypasses from the collection system and to reduce infiltration and inflow to a level that the two treatment facilities can handle;
  • An evaluation by Dec. 1, 1998 that sets forth appropriate compliance limits for flow at the Northside plant because the plant has been operated at a reduced treatment capacity. Unless the city can demonstrate otherwise to DWQ, the limit shall be reduced from 4.5 million gallons per day to 2.5 million gallons per day effective Feb. 1, 1999; and
  • A report by Dec. 1, 1998 evaluating the effectiveness of the city's pretreatment program and proposed improvements.


    • The consent judgment also provides that the Court can enter further judicial orders, with or without the city's consent, to require further actions needed to bring regular and continuous compliance with state water quality pollution control laws.

    Kinston is not relieved of any permit requirements and it can be assessed civil penalties should it fail to meet the specified deadlines set out in the judgment. In addition, DWQ can fine the city for past and any future violations.

    The judgment shall terminate only when the court determines that all conditions and objectives have been achieved.

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    8/19/98

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