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BOOK 880 PAGE 523 <br />(e) That the Permittee hereby waives his right to an <br />administrative hearing authorized by NCGS <br />143 -215.2 on the terms of this Special Order by <br />Consent, and also hereby waives his rights to seek <br />judicial review of this Special Order by Consent <br />as provided in NCGS 143- 215.5. <br />2. The Permittee, agrees to pay the North Carolina <br />Department of Environment, Health, and Natural <br />Resources $5,136.80 in partial settlement of the sum of <br />the $22,936.80 civil penalty assessed for alleged <br />violations of NCGS 143--215.1 and NPDES Permit No. <br />NC0037869. '"his settlement includes $136.80 in staff <br />costs and expenses associated with detecting the <br />violations: The payment shall be submitted to the <br />Director, Division of Environmental Management, P.O. <br />Box 27687, Raleigh, North Carolina 27611 -7687, within <br />30 days of the effective date of this order. The <br />Permittee agrees to waive his right to an <br />Administrative Hearing or remission of civil penalties <br />for the above settlement amount. The remainder of the <br />civil penalty will be held in abeyance until the <br />treatment facilities are completed and placed in <br />operation. Payment or nonpayment of this remainder of the <br />civil penalty will be based on the compliance of the <br />proposed wastewater treatment facility during the first <br />three months that it is required to meet fins! effluent <br />limits at the relocated discharge point. See Paragraph <br />3(b)(7) for compliance requirements. <br />3. The Permittee, desLr_ n c to cc-p <br />iy Vi h con i `ic= Of. <br />the permitideatifiec ' <br />in paragraph ,W a) above, does <br />hereby.agree to do and perform all or the following: <br />(a) Meet and comply with all terms and conditions of <br />the permit except those effluent limitations <br />identified in paragraph 1(b) above. See <br />Attachment A for monitoring requirements and <br />effluent limitations. The Permittee may also be <br />required to monitor for other parameters as deemed <br />necessary by the Director in future permits or <br />Administrative letters. <br />(b) Upon execution of this order, undertake the <br />following activities in accordance with the <br />indicated time schedule: <br />1. By November 3, 1989 submit an <br />application to the Division of <br />Environmental Management for an <br />Authorization to Construct a wastewater <br />treatment facility which will meet the <br />effluent limits currently contained in <br />NPDES Permit No. NC0037869. (met) <br />ka <br />