NC0085812_Transmittal_Draft SOC WQ S20-001 _20201231

December 31, 2020 Mr. William M. Watson, County Manager Union County Public Works 500 N. Main Street
Monroe, NC 28112 Subject: SPECIAL ORDER BY CONSENT (SOC) EMC SOC WQ S20-001 Grassy Branch WWTP
NPDES Permit Number NC0085812 Union County Dear Mr. Watson:

The Division of Water Resources (DWR) hereby transmits for your review and signature copies of the Special Order by Consent (SOC or the Order) electronically via e-mail and DocuSign.
Please sign and return two (2) copies to [one wet signature by mail and one via DocuSign]: Attention: Derek Denard NCDEQ/DWR/Water Quality Permitting Section 1617 Mail Service Center Raleigh, North Carolina 27699-1617
Once the revised SOC has been signed, the Division will solicit public comment on this SOC by publishing a notice in newspapers having circulation in the general Union County area, as required by the NPDES
Program. Following the mandatory 30-day public comment period, the Division will review all pertinent comments on the SOC, and take appropriate action prior to issuing the SOC.
If you have questions, please contact the operations staff at DWR’s Mooresville Regional Office at
[phone], or contact me in the central office, Derek Denard [[e-mail]] at [phone].
Sincerely,
Derek C. Denard, Environmental Specialist
Division of Water Resources, NCDEQ

ec: NPDES Files [Laserfiche] William M. Watson, County Manager, [e-mail]
DWR/MRO Corey Basinger [[e-mail]]; Roberto Scheller [[e-mail]]
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF UNION IN THE MATTER OF ) NORTH CAROLINA ) SPECIAL ORDER BY CONSENT
NPDES PERMIT NO. NC0085812 ) EMC SOC WQ S20-001 PERMIT NO. WQCS00054 ) ) HELD BY ) UNION COUNTY )

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 Union County, hereinafter referred to as the County, 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 County and the Commission hereby stipulate the following: a. The County holds North Carolina NPDES Permit NC0085812 for operation of an
existing wastewater treatment works and for making an outlet therefrom for the discharge
of treated wastewater to Crooked Creek, Class C waters of the State in the Yadkin-Pee Dee River Basin. The County is unable to consistently comply with the final effluent limits, including Biochemical Oxygen Demand (BOD), Ammonia Nitrogen, Total Suspended Solids (TSS), and Fecal Coliform. The County is unable to comply with
operational requirements as set forth in NPDES Permit NC0085812 due to high levels of
inflow and infiltration entering the County’s sewer collection system. The County also holds North Carolina Collection System Permit WQCS00054 for operation of an existing wastewater collection system but is unable to consistently comply with Condition 1.2 regarding sanitary sewer overflows (SSOs) as set forth in Collection System Permit
WQCS00054. Compliance will require completion ongoing sewer line (force main)
rehabilitation to be conducted in the Grassy Branch basin. b. Noncompliance with final effluent limitations constitutes, causing, and contributing to pollution of the waters of the State named above, and the County is within the jurisdiction
of the Commission as set forth in G.S. Chapter 143, Article 21.
c. The County has secured a grant or has otherwise secured financing for planning, design, and construction/repairs of the following:
i. New or improved wastewater treatment and disposal system components as described in
Attachment B which, once constructed and operated, will be sufficient to adequately convey and treat wastewater presently being discharged, to such an extent that the City will be able to comply with the final effluent limits and operational requirements as set forth in NPDES Permit NC0085812. Funding is available in the Union County Public
Works Capital Improvements Program.
Union County – Grassy Branch WWTP EMC SOC WQ S20-001 Page 2 of 6

ii. A new or improved wastewater collection system which, once constructed and operated,
will be sufficient to adequately collect wastewater presently being made tributary to the
collection system, within the ongoing inflow and inflation (I&I) reduction effort in the Grassy Branch basin such that the County will be able to comply with final permit conditions in Collection System Permit WQCS00054. Funding for operation and maintenance is appropriated annually by the Board of County Commissioners.

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. The County, desiring to comply with the Permits identified in paragraph l(a) and 1(b) above,
hereby agrees to do the following: a. Undertake the following activities in accordance with the indicated time schedule:
Scheduled Activity Due Date
Submit Quarterly Progress Reports (see details in paragraph 2(b) below.) Beginning April 15, 2021
For Collection System Permit WQCS00054:
Ongoing inflow and infiltration (I&I) rehabilitation in the Grassy Branch basin March 2016 (MET)
Complete inflow and infiltration (I&I) rehabilitation in the Grassy
Brach basin June 30, 2025
For NPDES Permit NC0085812:
Begin operation of existing chlorine contact basin for
disinfection instead of UV disinfection until completion of upgrades to Grassy Branch WWTP. June 30, 2021
Submit contract documents for regulatory approval for Grassy Branch WWTP upgrade project July 31, 2021
Upon receipt of the required the Division of Water Resources
permit(s), begin construction of Grassy Branch WWTP upgrades October 31, 2022
Complete construction of the upgrades to the wastewater
treatment plant and submit a certification of completion
(Engineer’s Certification) from a professional engineer verifying that the construction has been completed. Begin use of new UV disinfection system.
June 30, 2025
Attain compliance with NPDES permit final limits June 30, 2025
b. The County will submit quarterly progress reports detailing the work and activities undertaken and completed on the upgrades to the collection system. The reports are to be submitted as follows: one copy must be mailed to the Mooresville Regional Office Supervisor, Division
of Water Resources / Water Quality Regional Operations Section, 610 East Center Avenue, Suite 301, Mooresville, NC 28115, and one copy must be mailed to the Water Quality Permitting Section / NPDES, 1617 Mail Service Center Raleigh, NC 27699-1617.
Union County – Grassy Branch WWTP EMC SOC WQ S20-001 Page 3 of 6

The quarterly reports are due in each respective office no later than the fifteenth (15th) day of January, April, July, and October for the duration of this Order.

c. The County will comply with all terms and conditions of the permit except effluent limits for parameters identified in paragraph 1(a) above. See Attachment A for all current monitoring requirements and effluent limits, including interim effluent limits applicable to this Special Order by Consent. The County may also be required to monitor for other
parameters, as deemed necessary by the Director, in future permits or administrative letters.
During the time in which this Special Order by Consent is effective, the County shall comply with the interim effluent limits for Total Suspended Solids (TSS), Biochemical Oxygen Demand (BOD), Ammonia Nitrogen, and Fecal Coliform as listed in the table below.
Under this SOC, only the parameters listed below have been modified from the most current NPDES Permit NC0085812 in effect for Outfall 001.
Parameters Units Permit Limits Interim Limits
Monthly Avg. Weekly Avg. Monthly Avg. Weekly Avg.
Flow mgd 0.050 NA 0.120 NA
BOD (s) mg/L 5.0 7.5 30.0 45.0
BOD (w) mg/L 10.0 15.0 30.0 45.0
TSS mg/L 30.0 45.0 100.0 150.0
Ammonia Nitrogen (s) mg/L 2.0 6.0 6.0 18.0 Ammonia Nitrogen (w) mg/L 4.0 12.0 12.0 32.0
Fecal Coliform #/100 mL 200* 400* 400* 800*
s = summer (April 1 – October 31); w = winter (November 1 – March 31)
∗ = geometric mean d. No later than fifteen (15) calendar days after any date identified for accomplishment of any activity listed in 2(a) above, the County shall submit to the Water Quality Regional Operations Section Regional Supervisor for the Division of Water Resources' (DWR)
Mooresville 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 listed activities may be affected.
e. The County will continue to operate the wastewater treatment plant as best as possible to
prevent/minimize any adverse impacts to the surface waters.
3. The County, desiring to comply with the Permits identified in paragraph l(a) above, hereby
agrees to the following settlement of outstanding civil penalties, an upfront penalty, and
stipulated penalties: a. The County has outstanding civil penalty assessments that total $6,737.72. As settlement of all alleged violations of NPDES permit number NC0085812 and Collection System
Union County – Grassy Branch WWTP EMC SOC WQ S20-001 Page 4 of 6

Permit WQCS00054 prior to entering into this Special Order by Consent, the County agrees to pay an upfront penalty amount of $1,362.72, with the remaining amount of
$5,375.00 to be held in abeyance until the successful completion of this SOC. A certified
check in the amount of $1,362.72 must be made payable to the North Carolina Department of Environmental Quality and forwarded to the Director of DWR by no later than fifteen (15) days following the date on which this Order is approved and executed by the Commission and received by the County.

b. At the successful conclusion of this Special Order by Consent, the penalty amount held in abeyance ($5,375.00) will be remitted. Should the Special Order by Consent not reach a successful conclusion, the full remaining penalty amount of $5,375.00 will be due immediately by check payable to the North Carolina Department of Environmental
Quality and forwarded to the Director.
c. The County agrees that unless excused under paragraph four (4), the County 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 limits and
monitoring requirements set out in paragraph 2(c):
Violation Description Stipulated Penalty
Any reportable Sanitary Sewer Overflow (SSO)
• $250 per SSO greater than 1,000 gallons and less than 100,000
gallons. (to be paid on a monthly basis)
• $500 per SSO greater than 100,001 gallons (to be paid on a monthly basis)
Failure to meet a
scheduled date $500 per day
Failure to comply with
the modified effluent flow limit
$5,000 (monthly average)
Failure to comply with a modified effluent limit
• $1,000 for exceeding monthly average (or geometric mean) limit
• $500 for exceeding weekly average (or geometric mean) limits (to be paid on a monthly basis).
Monitoring frequency violations for modified
parameters
$100 per omitted value per parameter (to be paid on a monthly basis)
Failure to Submit Status
Reports
$500 for the first violation; penalty doubles with each subsequent
assessment for late reports
Failure to achieve compliance with final effluent limits $5,000 (single penalty)

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.
Union County – Grassy Branch WWTP EMC SOC WQ S20-001 Page 5 of 6

4. The County and the Commission agree that the stipulated penalties are not due if the County
satisfies 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 NPDES permit
number NC0085812 and Collection System Permit WQCS00054. In the event of an NPDES
permit modification or renewal, any effluent limit or monitoring requirements contained
therein shall supersede those contained in Attachment A of 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 the County 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, the County will not be permitted to accept additional wastewater from any domestic, industrial, or commercial sources without prior approval from the Mooresville Regional Supervisor and the Water Quality Permitting Section.
Union County – Grassy Branch WWTP EMC SOC WQ S20-001 Page 6 of 6

9. Failure to meet the scheduled date identified in paragraph 2(a) may terminate this Special
Order by Consent and require the County to comply with the terms and conditions contained
in the permits identified in paragraph 1(a).
10. The County, 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 September 30, 2025. For the County Union:

William M. Watson, County Manager Date
For the North Carolina Environmental Management Commission:

S. Daniel Smith, Director Date
Division of Water Resources
ATTACHMENT A Permit NC0085812
EMC SOC WQ S20-001
Page 1 of 2
Part I
A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
[15A NCAC 02B .0400 et seq., 15A NCAC 02B .0500 et seq.] Grade II Biological Water Pollution Control System [15A NCAC 08G.0302] Beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge treated wastewater from Outfall 001. Such discharges shall be limited and monitored1 by the
Permittee as specified below:
PARAMETER LIMITS MONITORING REQUIREMENTS
[eDMR Code]
Monthly Average Weekly Average Daily Maximum Measurement Frequency Sample Type
Sample
Location2
Flow [50050] 0.065 MGD* Continuous Recording Influent or Effluent
BOD, 5-day, 20ºC 3
(April 1 – October 31) [CO310] 30.0 mg/l* 45.0 mg/l* Weekly Composite Effluent, Influent
BOD, 5-day, 20ºC 3
(November 1 –March 31) [CO310] 30.0 mg/l* 45.0 mg/l* Weekly Composite Effluent,
Influent
Total Suspended Solids 3 [CO530] 100.0 mg/l* 150.0 mg/l* Weekly Composite Effluent, Influent NH3 as N (April 1 – October 31) [CO610] 6.0 mg/l* 18.0 mg/l* Weekly Composite Effluent
NH3 as N
(November 1 – March 31) [CO610] 12.0 mg/l* 32.0 mg/l* Weekly Composite Effluent
Dissolved Oxygen [00300] Daily Average ≥ 5.0 mg/L Weekly Grab Effluent
Fecal Coliform (geometric mean) [31616] 400/100 ml* 800/100 ml* Weekly Grab Effluent
Temperature (ºC) [00010] Weekly Grab Effluent
Total Residual Chlorine 4,5 [50060] 17 µg/L 2/Week Grab Effluent
pH [00400] ≥ 6.0 and ≤ 9.0 standard units Weekly Grab Effluent
Mercury 6, Total (as Hg)
Concentration [COMER]
Monitor and report once during this permit cycle (ng/L) using Method 1631E Once per permit cycle Grab Effluent
Dissolved Oxygen [00300] Variable 2 Grab U, D
Temperature (oC) [00010] Variable 2 Grab U, D
∗ SOC Limits are effective beginning on the effective date of the SOC and lasting until the SOC compliance date
June 30, 2025. The SOC shall expire on September 30, 2025.
Footnotes: 1. The permittee shall submit discharge monitoring reports electronically using the Division’s eDMR system [see A. (3)]. 2. Sample locations: U- Upstream 50 feet above discharge point, D- Downstream at NC 218 bridge. Upstream/downstream samples shall be collected 3/Week during June, July, August, September, and Weekly during the remaining months of the year.
ATTACHMENT A Permit NC0085812
EMC SOC WQ S20-001
Page 2 of 2
Instream monitoring requirements shall be provisionally waived so long as the permittee remains a member of
the Yadkin Pee Dee River Basin Association and the Association continues to function as approved by the Division and Environmental Management Commission. 3. The monthly average effluent BOD5 and TSS concentrations shall not exceed 15% of the respective influent
value (85% removal). 4. Total Residual Chlorine monitoring is required only if chlorine is added to the effluent. 5. The Division shall consider all effluent TRC values reported below 50 µg/l to be in compliance with the
permit. However, the Permittee shall continue to record and submit all values reported by a North Carolina certified laboratory (including field certified), even if these values fall below 50 µg/L. 6. Compliance with this limit shall be determined in accordance with A. (2). Condition:
• There shall be no discharge of floating solids or visible foam in other than trace amounts.

ATTACHMENT B EMC SOC WQ S20-001
Page 1 of 1
Union County – Grassy Branch WWTP Improvements Brief Project Description

The Branch WWTP improvements will include implementation and/or construction of the following items:
• Larger influent pumps.
• A retrofit of the existing aeration basin coarse bubble diffusers to the fine bubble diffuser equipment.
• One additional package plant secondary treatment train to include volume for flow
equalization.
• New positive displacement blowers serving the existing and new aeration basins.
• An additional secondary clarifier.
• A new cloth disk filter.
• A new UV disinfection system.
• Additional volume for aerobic digestion.