NC0043532_LV-2021-0199 Response_20210811

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RECEIVED
August 6, 2021 AUG 1,1 2029
Wastewater Branch NCDEQ/DWR/NPDES
Division of Water Resources
1617 Mail Service Center
Raleigh,NC 27699-1617
Re: Subject: Notice of Violation and Assessment of Civil Penalty
Case No: LV-2021-0199
Permit No. NC 0043532
West Stanly WWTP
Stanly County
Dear Sir/Madam,
In response to Limit Exceedance Violation(s) 002 Effluent Nitrogen, Ammonia Total NH3
4/30/2021:
Stanly County WWTP currently is under Special Order of Consent (SOC) and is currently under
construction since January 2021. Per the attached SOC Agreement, it is our understanding that
the Regional Supervisor, Corey Basinger has authority to assess civil penalties during the period
of the SOC. It is understood during a period of heavy construction that is ongoing at our facility
to meet the requirements of the SOC that violations are likely to occur due to the contractor
damaging underground piping and processes. This has occurred.
We have enclosed a check for the civil penalty assessed in order to error on side of caution. Can
you respond to confirm whether future civil penalties will be assessed by your office or will we
receive the civil penalties from the Waterwater Branch Division of Water Resources in the Raleigh
office
Utilities Department,1000 N.First Street,Suite 12,Albemarle,NC 28001
P1 704.986.3686 www.stanlycountync.gov F/704.986.3711

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STANLY COUNTY
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I can be reached via email or phone at the number listed below.
Respectfully,
Duane Wingo
Duane Wingo, PE
Stanly County Utilities Director
1000 N. First Street Suite 12 Albemarle, NC 28001
Phone: [phone]
Cell: [phone]
dwingo(&stanlycountync.gov
Cc: Tommy Gibbons File: 631 (07) 2021 LV-2021-0199
Utilities Department,1000 N.First Street,Suite 12,Albemarle,NC 28001
P/704.986.3686 www.stanlycountync.gov F/704.986.3711

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ROY COOPER a '+ Y. • 3r
cmfrnur
ELIZABETH S.BISER .*
StY/flat)
S.DANIEL SMITH NORTH CAROLINA
Director Environmental Quality
Certified Mail#7019 1120 0000 8362 0222
Return Receipt Requested
July 22, 2021 •
Andy Lucas
Stanly County
1000 N 1st St Ste 12 • ®EC E IVE D
Albemarle,NC 28001 f�
AUGii2021
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute(G.S.) 143-215.1(a)(6) NCDEQIDWRJNPDES
and NPDES WW Permit No.NC0043532
Stanly County
West Stanly WWTP
Case No.LV-2021-0199
Stanly County
Dear Mr.Lucas:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$1,615.76($1,500.00 civil
penalty+$115.76 enforcement costs)against Stanly County.
This assessment is based upon the following facts: a review has been conducted of the Discharge Monitoring Report
(DMR)submitted by Stanly County for the month of April 2021. This review has shown the subject facility to be in
violation of the discharge limitations and/or monitoring requirements found in NPDES WW Permit No.NC0043532. The
violations,which occurred in April 2021,are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Stanly County violated the terms,conditions or
requirements of NPDES WW Permit No.NC0043532 and G.S. 143-215.1(a)(6)in the manner and extent shown in
Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2),a civil penalty may be assessed
against any person who violates the terms,conditions or requirements of a permit required by G.S. 143-215.1(a).
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Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the
Secretary of the Department of Environmental Quality and the Director of the Division of Water Resources,I,W. Corey
Basinger,Regional Supervisor,Mooresville Regional Office hereby make the following civil penalty assessment against
Stanly County:
$500.00 1 of 1 violations of G.S. 143-215.1(a)(6)and Permit No.NC0043532, by discharging wastewater
into the waters of the State in violation of the Permit Monthly Average for Nitrogen,Ammonia
Total(as N)- Concentration
$1,000.00 4 of 4 violations of G.S. 143-215.1(a)(6)and Permit No.NC0043532, by discharging wastewater
into the waters of the State in violation of the Permit Weekly Average for Nitrogen,Ammonia
Total(as N)- Concentration
$1,500.00 TOTAL CIVIL PENALTY
$115.76 Enforcement Costs
$1,615.76 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and
Conclusions of Law and the factors set forth at G.S. 143B-282.1(b),which are:
(1) The degree and extent of harm to the natural resources of the State,to the public health,or to private property
resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over which the Environmental
Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty(30)days of receipt of this notice,you must do one of the following:
(1) Submit payment of the penalty, OR
(2) Submit a written request for remission, OR
(3) Submit a written request for an administrative hearing
Option 1: Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environmental Quality(do not include waiver
form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s).
Please submit payment to the attention of:
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh,North Carolina 27699-1617

a
Option 2: Submit a written request for remission or mitigation including a detailed justification for such
request:
Please be aware that a request for remission is limited to consideration of the five factors listed below as they may
relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper
procedure for contesting whether the violation(s)occurred or the accuracy of any of the factual statements contained in
the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing,
such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and
agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you
believe the civil penalty should be remitted and submit it to the Division of Water Resources at the address listed below.
In determining whether a remission request will be approved,the following factors shall be considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b)was wrongfully
applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental damage resulting from the violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator had been assessed civil penalties for any previous violations;or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions.
Please note that all evidence presented in support of your request for remission must be submitted in writing. The
Director of the Division of Water Resources will review your evidence and inform you of his decision in the matter of
your remission request. The response will provide details regarding the case status,directions for payment,and
provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty
Remissions(Committee). Please be advised that the Committee cannot consider information that was not part of the
original remission request considered by the Director. Therefore,it is very important that you prepare a complete and
thorough statement in support of your request for remission.
In order to request remission,you must complete and submit the enclosed"Request for Remission of Civil Penalties,
Waiver of Right to an Administrative Hearing,and Stipulation of Facts"form within thirty(30)days of receipt of this
notice. The Division of Water Resources also requests that you complete and submit the enclosed"Justification for
Remission Request."
Both forms should be submitted to the following address:
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh,North Carolina 27699-1617

1 4 \__- 1
Option 3: File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document,you must file a petition for an administrative
hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with
the Office of Administrative Hearings within thirty(30)days of receipt of this notice. A petition is considered filed
when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative
Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m.,except for official state
holidays. The petition may be filed by facsimile(fax)or electronic mail by an attached file(with restrictions)-provided
the signed original,one(1)copy and a filing fee(if a filing fee is required by NCGS §150B-23.2)is received in the
Office of Administrative Hearings within seven(7)business days following the faxed or electronic transmission. You
should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the
filing process.
The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows:
6714 Mail Service Center
Raleigh,NC 27699 6714
Tel: [phone]
Fax: [phone]
One(1)copy of the petition must also be served on DEQ as follows:
Mr. William F.Lane,General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh,North Carolina 27699-1601
Please indicate the case number(as found on page one of this letter)on the petition.
Failure to exercise one of the options above within thirty(30)days of receipt of this letter,as evidenced by an internal
date/time received stamp(not a postmark),will result in this matter being referred to the Attorney General's Office for
collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations
that occur after the review period of this assessment.
If you have any questions,please contact Roberto Scheller with the Division of Water Resources staff of the Mooresville
Regional Office at(707)235-2204 or via email at roberto.scheller n,ncdenr.�ov.
Sincerely,
DocuSigned by:
p+ H P444.14 for
F161FB69A2D84A3...
W. Corey Basinger,Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources,NCDEQ
ATTACHMENTS
Cc: WQS Mooresville Regional Office-Enforcement File
NPDES Compliance/Enforcement Unit-Enforcement File

JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV-2021-0199 County: Stanly
Assessed Party: Stanly County
Permit No.: NC0043532 Amount Assessed: $1,615.76
Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission,
Waiver of Right to an Administrative Hearing, and Stipulation of Facts"form to request remission of this civil penalty.
You should attach any documents that you believe support your request and are necessary for the Director to consider in
evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five
factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting
remission is not the proper procedure for contesting whether the violation(s)occurred or the accuracy of any of the factual
statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c),remission of a civil
penalty may be granted only when one or more of the following five factors apply. Please check each factor that you
believe applies to your case and provide a detailed explanation,including copies of supporting documents, as to why the
factor applies(attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b)were wrongfully applied to the
detriment of the petitioner(the assessment factors are listed in the civil penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the violation(i.e., explain the
steps that you took to correct the violation and prevent future occurrences);
(c) the violation was inadvertent or a result of an accident(i.e., explain why the violation was unavoidable or
something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain
how payment of the civil penalty will prevent you from performing the activities necessary to achieve
compliance).
EXPLANATION:
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STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF STANLY
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
) STIPULATION OF FACTS
Stanly County )
West Stanly WWTP )
)
PERMIT NO.NC0043532 ) CASE NO. LV-2021-0199
Having been assessed civil penalties totaling$1,615.76 for violation(s)as set forth in the assessment document of the
Division of Water Resources dated July 22,2021,the undersigned,desiring to seek remission of the civil penalty,does
hereby waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as
alleged in the assessment document. The undersigned further understands that all evidence presented in support of
remission of this civil penalty must be submitted to the Director of the Division of Water Resources within thirty(30)days
of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after(30)days
from the receipt of the notice of assessment. A
This the (D day of - VSe ,20 ZA
-A5-0
SIGNATURE
ADDRESS
S- •C®ui�y U-h\t he.5
1000 . N. 1 ? 5ki e.
1N\be I,e Mc 280I
TELEPHONE
(70tt 9156 3691

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ATTACHMENT A
Stanly County
CASE NUMBER: LV-2021-0199
PERMIT: NC0043532 REGION: Mooresville
FACILITY: West Stanly WWTTP COUNTY: Stanly
LIMIT VIOLATION(S)
SAMPLE LOCATION: Outfall 002-Effluent
Violation Report Unit of Limit Calculated %Over Violation Penalty
Date Month/Yr. Parameter Frequency Measure Value Value Limit Type Amount
4/3/2021 4-2021 Nitrogen,Ammonia 3 X week mg/I 9 11.3 25.6 Weekly $250.00
Total(as N)- Average
Concentration Exceeded
4/10/2021 4-2021 Nitrogen,Ammonia 3 X week mg/I 9 14.67 63.0 Weekly $250.00
Total(as N)- Average
Concentration Exceeded
4/17/2021 4-2021 Nitrogen,Ammonia 3 X week mg/I 9 21 133.3 Weekly $250.00
Total(as N)- Average
Concentration Exceeded
4/24/2021 4-2021 Nitrogen,Ammonia 3 X week mg/I 9 18 100.0 Weekly $250.00
Total(as N)- Average
Concentration Exceeded
4/30/2021 4-2021 Nitrogen,Ammonia 3 X week mg/I 3 17.38 479.5 Monthly $500.00
Total(as N)- Average
Concentration Exceeded

c
STANLY COUNTY
geed..;%Lid Sates.
August 6, 2021
Mr. Roberto Sheller
NCDEQ Mooresville Regional Office
610 East Center Avenue Suite 301
Mooresville,NC 29202
Re: Subject: Notice of Violation and Assessment of Civil Penalty
Case No: LV-2021-0199
Permit No.NC 0043532
West Stanly WWTP
Stanly County
Mr. Scheller,
In response to Limit Exceedance Violation(s) 002 Effluent Nitrogen, Ammonia Total NH3
4/30/2021: Stanly County WWTP currently is under Special Order of Consent (SOC) and is
currently under construction since January 2021. The Limit Exceedance Violation listed in this
NOV is believed to be direct result of construction damage to aeration power lines.March 2 ,2021
Haren Construction saw cut live power lines to the aeration treatment basins. This resulted in total
loss of aeration to WWTP facility from approximately 0800—2230 March 2, 2021. The result of
this incident was poor nitrification for several weeks afterward and throughout April 2021. This
incident and lingering effluent ammonia NH3 levels prompted operations at West Stanly WWTP
to assess equipment and processes to remedy this issue.
Utilities Department,1000 N.First Street,Suite 12,Albemarle,NC28001
P/704.986.3686 www.stanlycountyncgov F/ 704.986.3711

STANLY COUNTY
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Vateit 74./a/ra access.
If you have any additional comments,concerns or advice please do not hesitate to contact via email
or phone numbers provided below.
Respectfully,
Duane Wingo
Duane Wingo, PE
Stanly County Utilities Director
1000 N. First Street Suite 12 Albemarle, NC 28001
Phone: [phone]
Cell: [phone]
dwingo(a stanlycountvnc.gov
Cc: Tommy Gibbons File: 631 (07) 2021 LV-2021-0199
Utilities Department,1000 N.First Street,Suite 12,Albemarle,NC 28001
P/704.986.3686 www.stanlycountync.gov F/704.986.3711

• 1
ROY COOPER a `t
Governor 1 '
MICHAEL S.REGAN
f'•R RaT ,
Secretary "n,�`•la+wv"" "
S.DANIEL SMITH NORTH CAROLINA
Director Environmental Quality
March 9, 2020
Mr.Andrew M. Lucas, County Manager
Stanly County
1000 N. First Street, Suite 10A
Albemarle,NC 28001
Subject: SPECIAL ORDER BY CONSENT(SOC)
EMC SOC WQ S19-003
West Stanly WWTP
NPDES No.NC0043532
Stanly County
Dear Mr. Lucas:
The Division of Water Resources (DWR)hereby transmits for your records a copy of the signed Special
Order by Consent(SOC or the Order)approved by the Environmental Management Commission(EMC).
The terms and conditions of the Order are now in full effect,including those requiring submittal of written
notice of compliance or non-compliance with any SOC schedule date. To cover water-quality maintenance
costs, SOC fees include a$250.00 annual fee,pursuant to North Carolina General Statute 143-215.3D.
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,
":5;,1,4., ,90---;4,...„.. -
Derek C.Denard, Environmental Specialist
Division of Water Resources,NCDEQ
he: SOC Files w/attachments
ec: NPDES Files[Laserfiche]
Andrew M. Lucas,County Manager,Stanly County[[e-mail]]
DWR/MRO Corey Basinger[[e-mail]];Roberto Scheller[[e-mail]]
s} North Carolina Department of Envconmentai Quality Division of Water Resources
µ�f _E1
512 North Salisbury Street ; 1611`„ail Service Center I Raleigh.North Carolina 276g9-:6I1
ac.n.,m of en.c...ata Cume 919 707.9000

NORTH CAROLINA R t COVED
ENVIRONMENTAL MANAGEMENT COMMISSION
JAN 2 2 2020
COUNTY OF STANLY NCDEQ/DWR/NPDES
IN THE MATTER OF )
NORTH CAROLINA ) SPECIAL ORDER BY CONSENT
NPDES PERMIT NO. NC0043532 ) EMC SOC WQ NO. S19-003
HELD BY )
STANLY COUNTY )
Pursuant to provisions of North Carolina General Statutes(G.S.) 143-215.2 and 143-215.67, this
Special Order by Consent is entered into by Stanly 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. Stanly County and the Commission hereby stipulate the following:
a. The County holds North Carolina NPDES permit number NC0043532 for operation of
West Stanly WWTP, an existing wastewater treatment works, and for making an outlet
therefrom for discharge of treated wastewater to the Rocky River (Outfall 002) and Long
Creek (Outfall 001), both Class C waters of this State in the Yadkin-Pee Dee River Basin,
but is unable to consistently comply with the final effluent limits for Total Suspended
Solids (TSS) and Fecal Coliform as set forth in NPDES permit NC0043532. Compliance
will require preparation and implementation of plans and specifications for construction
and operation of additional treatment works and upgrades.
b. Noncompliance with final effluent limits constitutes causing and contributing to pollution
of the waters of the State of North Carolina, and the County is within the jurisdiction of the
Commission as set forth in G.S. Chapter 143, Article 21.
c. The County will secure financing for planning, designing, and constructing a new or
improved wastewater treatment and disposal system which,once constructed and operated,
will be sufficient to adequately convey and treat wastewater presently being discharged, to
such an extent that Stanly County will be able to comply with final effluent limits.
d. Since this Special Order is by consent, neither party will file a petition for a contested case
or for judicial review concerning its teens.

West Stanly WWTP
EMC SOC WQ S19-003
p.
2. The County, desiring to comply with the permit identified in paragraph 1(a) above, hereby
agrees to do the following:
a. Undertake the following activities in accordance with the indicated time schedule:
Scheduled Activity Due Date
Upon receipt of the required the Division of Water Within 15 calendar days of
Resources permit(s), begin the bid process for construction receiving required the Division of
activities Water Resources permits
Complete bid process for construction activities Within 60 calendar days from
initiating bid process
Assuming a successful bid process, award contract for Within 15 calendar days following
construction activities bid process closure
Begin construction With 60 calendar days of awarding
contract
Complete construction of the upgrades to the wastewater
treatment plant and submit a certification of completion Within 365 calendar days of
(Engineer's Certification) from a professional engineer beginning construction
verifying that the construction has been completed
Within 120 calendar days
Attain compliance with NPDES permit final limits following completion of
construction and certification by
professional engineer
b. The County will submit quarterly progress reports detailing the work and activities
undertaken and completed on the upgrades to the facility. The reports are to be submitted
as follows: one copy must be mailed to the Regional Supervisor of the Mooresville
Regional Office, 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. The quarterly reports are due in each respective office no later
than the thirtieth (30th) 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) and Fecal
Coliform as listed in the table below.

West Stanly WWTP
EMC SOC WQ S 19-003
P. 3
Under this Special Order by Consent, ONLY the parameters listed below have been
modified from the most current NPDES Permit in effect for Outfall 002.
Permit Limits Interim Limits
Parameters Units Monthly Weekly Monthly Weekly
Avg. Avg. Avg. Avg.
Total Suspended Solids(TSS) mg/L 30.0 45.0 45.0 70.0
Fecal Coliform #/100 ml 200* 400* 400* 600*
*Geometric Mean
Under this Special Order by Consent, ONLY the parameters listed below have been
modified from the most current NPDES Permit in effect for Outfall 001.
Permit Limits Interim Limits
Parameters Units Monthly Weekly Monthly Weekly
Avg. Avg. Avg. Avg.
Total Suspended Solids(TSS) mg/L 30.0 45.0 45.0 70.0
Fecal Coliform #/100 ml 200* 400* 400* 600*
*Geometric Mean
d. No later than fourteen (14) calendar days after any date identified for accomplishment of
any activity listed in paragraph 2(a)above, submit to the Director of the Division of Water
Resources 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 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 has outstanding civil penalty assessments that total$10,326.25.The County agrees
to pay an upfront penalty amount of$326.25, with the remaining amount of$10,000.00 to be
held in abeyance until the successful completion of this SOC. At the successful conclusion of
this Special Order by Consent, the penalty amount held in abeyance ($10,000.00) will be
remitted. Should the Special of by Consent not reach a successful conclusion, the full
remaining penalty amount of $10,000.00 will be due immediately by check payable to the
North Carolina Department of Environmental Quality. The County also agrees that unless
excused under paragraph four (4), the County will pay the Director of the Division of Water
Resources, 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).

West Stanly WWTP
EMC SOC WQ S 19-003
p.4
Violation Description Stipulated Penalty
Failure to meet a scheduled date $1,000 per day
Failure to comply with interim effluent $1,000 for exceeding monthly average (or
limits for Total Suspended Solids (TSS) geometric mean) limit; $500 for exceeding weekly
and/or Fecal Coliform average (or geometric mean) limits
Monitoring frequency violations for $100 per omitted value per parameter
modified parameters
Failure to Submit Status Reports $1,000 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)
4. The County and the Commission agree that the stipulated penalties are not due if the Town
satisfies the Division of Water Resources 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) calendar 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.

West Stanly WWTP
EMC SOC WQ S I9-003
p. 5
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
NC0043532. 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.
An initial allocation of 80,000 gallons of additional wastewater will be allowed to be made
tributary to the West Stanly WWTP on the effective date of this Special Order by Consent. An
additional flow allocation of 30,000 gallons of wastewater may be made tributary to the West
Stanly WWTP following the successful completion and placement in service of the new
secondary clarifier. New wastewater flow shall not exceed a total of 110,000 gallons during
the effective dates of this Special Order by Consent.
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
permit 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.

West Stanly WWTP
EMC SOC WQ S 19-003
p.6
This Special Order by Consent shall expire on January 31, 2023.
For Stanly County:
` L111` 1111
Andrew M. Lucas Date
County Manager
For the North Carolina Environmes tal Management Commission:
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Division of Water Resources

Permit NC0043532
Attachment A—EIVIC SOC WQ S19-003
Part I
A. (1) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
[15A NCAC 02B .0400 et seq., 02B .0500 et seq.]
Grade III Biological Water Pollution Control System [15A NCAC 08G .0302]
a. During the period beginning on the effective date of the permit and lasting until expansion above
0.9 MGD or expiration, whichever is sooner, the Permittee is authorized to discharge treated
domestic wastewater from Outfall 002 (Rocky River). Such discharges shall be limited and
monitored by the Permittee as specified below:
EFFLUENT LIMITATIONS MONITORING REQUIREMENTS
CHARACTERISTICS Monthly Weekly Daily Measurement Sample Sample
Average Average Maximum Frequency Type Location 2
Flow 0.9 MGD Continuous Recording 1 or E
BOD, 5 day, 20°C 3 9.0 ►ng/L 13.5 mg/L 3/Week Composite 1 and E
(April I —October 31)
BOD, 5 day, 20°C 3 18.0 mg/L 27.0 mg/L 3/Week Composite I and E
(November 1 —March 31)
Total Suspended Solids 3 45.0 mg/L* 70.0 mg/e 3/Week Composite I and E
NH3 as N 3.0 mg/L 9.0 mg/L 3/Week Composite E
(April 1 —October 31)
NH3 as N
(November 1 —March 3]) 6.0 mg/L 18.0 mg/L 3/Week Composite E
Dissolved Oxygen Not less than 5.0 mg/L, daily average 3/Week Grab E
Dissolved Oxygen, mg/L Variable 2 Grab U, D
pH Between 6.0 and 9.0 Standard Units 3/Week Grab E
Fecal Coliform 400/100 mL* 600/100 me 3/Week Grab E
(geometric mean)
Fecal Coliform, #/100 mL Variable 2 Grab U, D
Total Residual Chlorine 4 28 µg/L 3/Week Grab E
Total Copper, µgo L Quarterly Composite E
Total Zinc, µg/L Quarterly Composite E
Temperature, °C Daily Grab E
Temperature, °C Variable 2 Grab U, D
Total Hardness as
Quarterly Composite E
[CaCO3] 5,mg/L
Total Hardness as
Quarterly Grab U
[CaCO3] 6, mg/L
Total Nitrogen 7, mg/L Quarterly Composite E
Total Phosphorus,mg/L Quarterly Composite E
Chronic Toxicity 8 Quarterly Composite E
* SOC Limits are effective beginning on the effective date of the SOC and lasting until the SOC
compliance date [see SOC paragraph 2(a)]. The SOC shall expire on January 31,2023.
Page 1 of 6

Permit NC0043532
Attachment A—EMC SOC WQ S19-003
(Continued A. (1) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS)
Footnotes:
1. The Permittee shall submit discharge monitoring reports electronically using NC
DWR's eDMR application system. See Special Condition A. (7).
2. Sample locations: E - Effluent, I - Influent, U - Upstream at least 100 feet above the
discharge point, D - Downstream 1.7 miles below the discharge point (near the end of
NCSR 1659). Instream monitoring requirements are waived as long as the facility
retains membership in the Yadkin-Pee Dee River Basin Association. If membership is
cancelled, facility will monitor 3/week during the months of June through September
and once per week during the remaining months of the year.
3. The monthly average effluent BOD5 and TSS concentrations shall not exceed 15% of
the respective influent value(85% removal).
4. The Division shall consider all effluent total residual chlorine 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
filed certified) even if these values fall below 50 µg/L.
5. Effluent hardness sampling shall be performed in conjunction with testing for hardness
dependent metals (cadmium, chromium, copper, lead, nickel, silver, and zinc).
6. The Permittee shall sample instream hardness, approximately 100 yards upstream from
the facility's discharge and shall be representative of the hardness in the receiving
stream. If the Permittee is a member of a Monitoring Coalition Program, sampling for
instream hardness may be waived as long as the Monitoring Coalition agrees to sample
hardness at the same upstream location, at a minimum frequency of quarterly, and the
Permittee has obtained approval from the DWR -NPDES Permitting Unit. The
Permittee is responsible for submitting instream hardness test results with its permit
renewal application package. If Coalition membership is cancelled or the Coalition
terminates instream hardness sampling at the approved station, the Permittee will
immediately notify the Division and resume sampling for instream hardness, upstream
of its discharge.
7. Total Nitrogen is the sum of TKN + NO3-N +NO2-N, where TKN and NO3-N +NO2-
N are Total Kjeldahl Nitrogen and Nitrate and Nitrite Nitrogen respectively.
8. Chronic Toxicity (Ceriodaphnia) P/F at 4.6%; January, April, July, and October. See
Special Condition A. (4) —Outfall 002.
b. There shall be no discharge of floating solids or visible foam in other than trace amounts.
Page 2 of 6

Permit NC0043532
Attachment A—EMC SOC WQ S19-003
A. (2) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
[15A NCAC 02B .0400 et seq., 02B .0500 et seq.]
Grade III Biological Water Pollution Control System [15A NCAC 08G .0302]
a. During the period beginning on the effective date of the permit and lasting until expansion above
0.9 MGD or expiration,the Permittee is authorized to discharge treated domestic wastewater from
emergency backup Orrtfull 001 (Long Creek) in case of an effluent pump station failure. Such
discharges shall be limited and monitored by the Permittee as specified below:
EFFLUENT LIMITATIONS MONITORING REQUIREMENTS
CHARACTERISTICS Monthly Weekly Daily Measurement Sample Sample
Average Average Maximum Frequency Type Location 2
Flow 0.9 MGD Continuous Recording I or E
BOD, 5 day, 20°C 3 9.0 mg/L 13.5 mg/L 3/Week Composite 1 and E
(April 1 —October 31)
BOD, 5 day, 20°C 3 18.0 mg/L 27.0 mg/L 3/Week Composite I and E
(November 1 —March 3 1)
Total Suspended Solids 3 45.0 mg/Ls 70.0 mg/Ls 3/Week Composite 1 and E
NH3 as N
(April 1 —October 31) 2.8 mg/L 8.4 mg/L 3/Week Composite E
NH3 as N
(November 1 —March 31) 6.0 mg/L 18.0 mg/L 3/Week Composite E
Dissolved Oxygen Not less than 5.0 mg/L,daily average 3/Week Grab E
Dissolved Oxygen,mg/L Variable 2 Grab U, D
pH Between 6.0 and 9.0 Standard Units 3/Week Grab E
Fecal Coliform
(geometric mean) 400/100 me 600/100 me 3/Week Grab E
Fecal Coliform,4/100 mL Variable 2 Grab U, D
Total Residual Chlorine 4 28 ltg/L 3/Week Grab E
Total Copper, pg/L Quarterly Composite E
Total Zinc, µg/L Quarterly Composite E
Temperature, °C Daily Grab E
Temperature, °C Variable 2 Grab U, D
Total Hardness as
Quarterly Composite E
[CaCO3] 5, mg/L
Total Hardness as
[CaCO3] 6, mg/L Quarterly Grab U
Total Nitrogen',mg/L Quarterly Composite E
Total Phosphorus,mg/L Quarterly Composite E
Chronic Toxicity 8 Quarterly Composite E
Bis(2-ethylhexyl)phthalate, Quarterly Composite E
µg/L
Cyanide, mg/L Quarterly Grab E
* SOC Limits are effective beginning on the effective date of the SOC and lasting until the SOC
compliance date on [see SOC paragraph 2(a)]. The SOC shall expire on January 31,2023.
Page 3 of 6

_
Permit NC0043532
Attachment A—EMC SOC WQ S19-003
(Continued A. (2) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS)
Footnotes:
1. The Permittee shall submit discharge monitoring reports electronically using NC
DWR's eDMR application system. See Special Condition A. (7).
2. Sample locations: E - Effluent, I - Influent, U - Upstream at least 100 feet above the
discharge point, D - Downstream 1.7 miles below the discharge point (near the end of
NCSR 1659). Instream monitoring requirements are waived as long as the facility
retains membership in the Yadkin-Pee Dee River Basin Association. If membership is
cancelled, facility will monitor 3/week during the months of June through September
and once per week during the remaining months of the year.
3. The monthly average effluent BODS and TSS concentrations shall not exceed 15% of
the respective influent value (85%removal).
4. The Division shall consider all effluent total residual chlorine 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
filed certified) even if these values fall below 50 µg/L.
5. Effluent hardness sampling shall be performed in conjunction with testing for hardness
dependent metals (cadmium, chromium, copper, lead, nickel, silver, and zinc).
6. The Permittee shall sample instream hardness, approximately 100 yards upstream from
the facility's discharge and shall be representative of the hardness in the receiving
stream. If the Permittee is a member of a Monitoring Coalition Program, sampling for
instream hardness may be waived as long as the Monitoring Coalition agrees to sample
hardness at the same upstream location, at a minimum frequency of quarterly, and the
Permittee has obtained approval from the DWR -NPDES Permitting Unit. The
Permittee is responsible for submitting instream hardness test results with its permit
renewal application package. If Coalition membership is cancelled or the Coalition
terminates instream hardness sampling at the approved station, the Permittee will
immediately notify the Division and resume sampling for instream hardness, upstream
of its discharge.
7. Total Nitrogen is the sum of TKN +NO3-N +NO2-N, where TKN and NO3-N +NO2-
N are Total Kjeldahl Nitrogen and Nitrate and Nitrite Nitrogen respectively.
8. Chronic Toxicity (Ceriodaphnia) P/F at 30%; January, April, July, and October. See
Special Condition A. (4)—Outfall 001.
b. There shall be no discharge of floating solids or visible foam in other than trace amounts.
•
Page 4 of 6

Permit NC0043532
Attachment A— EMC SOC WQ S19-003
A. (3) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
[15A NCAC 02B .0400 et seq., 02B .0500 et seq.]
Grade III Biological Water Pollution Control System [15A NCAC OSG .0302]
a. During the period beginning upon receipt of an Engineer's Certificate for completion of the
1.2 MGD expansion and lasting until expiration, the Permittee is authorized to discharge
treated domestic wastewater from Outfall 002 (Rocky River). Such discharges shall be limited
and monitored I by the Permittee as specified below:
LIMITATIONS MONITORING REQUIREMENTS
EFFLUENT Monthly Weekly Daily Measurement Sample Sample
CHARACTERISTICS Average Average Maximum Frequency Type Location2
Flow 1.2 MGD Continuous Recording 1 or E
BOD, 5 day,20°C 3 10.0 mg/L 15.0 mg/L 3/Week Composite I and E
Total Suspended Solids 3 45.0 mg/L* 70.0 mg/L* 3/Week Composite I and E
NH3 as N 4.0 mg/L 12.0 mg/L 3/Week Composite E
Dissolved Oxygen Not less than 6.0 mg/L,daily average 3/Week Grab E
Dissolved Oxygen, mg/L Variable 2 Grab U, D
pH Between 6.0 and 9.0 Standard Units 3/Week Grab E
Fecal Coliform • 3/Week Grab E
(geometric mean) 400/100 mL 600/100 mL
Fecal Coliform, #/100 mL Variable 2 Grab U, D
Total Residual Chlorine 4 28 µg/L 3/Week Grab E
Total Copper, µg/L Quarterly Composite E
Total Zinc, µg/L Quarterly Composite E
Temperature, °C Daily Grab E
Temperature,°C Variable 2 Grab U, D
Total Hardness as
Quarterly Composite E
[CaCO3] 5,mg/L
Total Hardness as
Quarterly Grab U
[CaCO3] 6, mg/L
Total Nitrogen 7,mg/L Monthly Composite E
Total Phosphorus,mg/L Monthly Composite E
Chronic Toxicity 8 Quarterly Composite E
Effluent Pollutant Scan See Footnote 9 E
* SOC Limits are effective beginning on the effective date of the SOC and lasting until the SOC
compliance date on [see SOC paragraph 2(a)]. The SOC shall expire on January 31,2023.
Footnotes:
I. The Permittee shall submit discharge monitoring reports electronically using NC DWR's
eDMR application system. See Special Condition A. (7).
Page 5 of 6

Permit NC0043532
Attachment A—EMC SOC WQ S19-003
(Continued A. (3) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS)
2. Sample locations: E - Effluent, I - Influent, U - Upstream at least 100 feet above the
discharge point, D - Downstream 1.7 miles below the discharge point (near the end of
NCSR 1659). Instream monitoring requirements are waived as long as the facility retains
membership in the Yadkin-Pee Dee River Basin Association. If membership is cancelled,
facility will monitor 3/week during the months of June through September and once per
week during the remaining months of the year.
3. The monthly average effluent BOD5 and TSS concentrations shall not exceed 15% of the
• respective influent value (85%removal).
4. The Division shall consider all effluent total residual chlorine 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 filed
certified) even if these values fall below 50 ;!g/L.
5. Effluent hardness sampling shall be performed in conjunction with testing for hardness
dependent metals (cadmium, chromium, copper, lead, nickel, silver, and zinc).
6. The Permittee shall sample instream hardness, approximately 100 yards upstream from the
facility's discharge and shall be representative of the hardness in the receiving stream. If
the Permittee is a member of a Monitoring Coalition Program, sampling for instream
hardness may be waived as long as the Monitoring Coalition agrees to sample hardness at
the same upstream location, at a minimum frequency of quarterly, and the Permittee has
obtained approval from the DWR -NPDES Permitting Unit. The Permittee is responsible
for submitting instream hardness test results with its permit renewal application package. If
Coalition membership is cancelled or the Coalition terminates instream hardness sampling
at the approved station, the Permittee will immediately notify the Division and resume
sampling for instream hardness, upstream of its discharge.
7. Total Nitrogen is the sum of TKN + NO3-N +NO2-N, where TKN and NO3-N + NO2-N
are Total Kjeldahl Nitrogen and Nitrate and Nitrite Nitrogen respectively.
8. Chronic Toxicity (Ceriodaphnia) P/F at 6.0%; January, April, July, and October. See
Special Condition A. (4)—Outfall 002.
9. The permittee shall perform three Effluent Pollutant Scans and four Second Species
Toxicity Tests in conjunction with this permit next renewal, commencing with this permit
activation of the 1.2 MGD terms. See Special Condition A. (5).
b. There shall be no discharge of floating solids or visible foam in other than trace amounts.
Page 6 of 6