NC0043532_SOC (issuance)_20211222

DocuSign Envelope ID: B014ECBC-B775-4251-A3AB-4C58E4B759B8
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF STANLY
IN THE MATTER OF
NORTH CAROLINA
NPDES PERMIT NO. NC0043532
HELD BY
STANLY COUNTY
SPECIAL ORDER BY CONSENT
EMC SOC WQ NO. S19-003
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 terms.

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West Stanly WWTP
EMC SOC WQ S19-003
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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
Resources permit(s), begin the bid process for construction
activities
Within 15 calendar days of
receiving required the Division of
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
construction activities
Within 15 calendar days following
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
(Engineer's Certification) from a professional engineer
verifying that the construction has been completed
Within 525 calendar days of
beginning construction
Attain compliance with NPDES permit final limits
Within 120 calendar days
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.

DocuSign Envelope ID: B014ECBC-B775-4251-A3AB-4C58E4B759B8
West Stanly WWTP
EMC SOC WQ S19-003
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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.
Parameters
Units
Permit Limits
Interim Limits
Monthly
Avg.
Weekly
Avg.
Monthly
Avg.
Weekly
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.
Parameters
Units
Permit Limits
Interim Limits
Monthly
Avg.
Weekly
Avg.
Monthly
Avg.
Weekly
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).

DocuSign Envelope ID: B014ECBC-B775-4251-A3AB-4C58E4B759B8
West Stanly WWTP
EMC SOC WQ S19-003
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Violation Description
Stipulated Penalty
Failure to meet a scheduled date
$1,000 per day
Failure to comply with interim effluent
limits for Total Suspended Solids (TSS)
and/or Fecal Coliform
$1,000 for exceeding monthly average (or
geometric mean) limit; $500 for exceeding weekly
average (or geometric mean) limits
Monitoring frequency violations for
modified parameters
$100 per omitted value per parameter
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.

DocuSign Envelope ID: B014ECBC-B775-4251-A3AB-4C58E4B759B8
West Stanly WWTP
EMC SOC WQ S19-003
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.

DocuSign Envelope ID: B014ECBC-B775-4251-A3AB-4C58E4B759B8
West Stanly WWTP
EMC SOC WQ S19-003
p. 6
This Special Order by Consent shall expire on January 31, 2023.
For Stanly County:
la 13 (
Andrew M. Lucas Date
County Manager
For the North Carolina Environmental Management Commission:
DocuSigned by:
VAWAJI 54(4,
ll w
S. Dar%r'S°flffilli; 9irector
Division of Water Resources
12/22/2021
Date