NC0072575_Special Order By Consent_20151026

s
s
PAT MCCRORY
Governor
Environmental DONALD R. VAN DER VAART
Quality
Secretary
October 26, 2015
Brent Glasgow,Vice President
Pilgrim's Pride Corporation
484 Zimmerman Road
Sanford,North Carolina 27330
Subject: Draft Final- Special Order by Consent
Pilgrim's Pride Corporation WWTP, Class 3
EMC SOC WQ S15-002
NPDES Permit NCO072575
Lee County
Dear Mr. Glasgow:
Attached for your approval and signature are two(2)copies of the subject Special Order by Consent(SOC). Its
terms and conditions should be familiar after multiple discussions and negotiations recently between the Division
of Water Resources(DWR)and Pilgrim's Pride,staff.
Having resolved all questions and issues of both parties to date,we assume the teens and conditions of the SOC
now meet with your approval.Please therefore affix your signature to page 6 of the Order and return the signed
SOC(2 copies)to my attention at the footer address within ten(10)days of the date on this letter.
In signing the SOC,please be aware:
■ Your signature holds Pilgrim's Pride to comply with all scheduled activity dates,terms, and conditions.
Please review these carefully as they will be strictly enforced.
■ Following any scheduled activity, date or deadline,Pilgrim's Pride must subunit written notice to the
Division documenting compliance or noncompliance to a scheduled activity or deadline.Failure to
comply subjects you to strict SOC stipulated penalties(see page 5, Sec. 3.).
Upon receiving your signed document,the Central Office will submit the SOC for a thirty(30)-day Public Notice
period, as required by State and Federal regulations. Following this Public Notice period, in the absence of
significant public objection, the Division will issue final active documents. If you have questions,please contact
Mr. Danny Smith in the Raleigh Regional Office at(919) 791-4252 or in the Central Office,Joe R. Corporon,
L.G. [e-mail]]; direct line [919_-88007-6394].
bmcere ,
John E.Hennessy, Supervisor
Compliance and Expedited u nit
Attachments: SOC Draft Final [two(2)copies]
cc: Raleigh Regional Office w/attachment
SOC File S15-002 w/attachment
Central Files w/attachment
1617 Mail Service Center,Raleigh,North Carolina 27699-1617
Location:512 N.Salisbury St.Raleigh,North Carolina 27604
Phone:[phone] FAX:[phone]
Internet:www.ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer

NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF LEE
IN THE MATTER OF )
NORTH CAROLINA )
NPDES PERMIT NC0072575 ) SPECIAL ORDER BY CONSENT
EMC SOC NO. 515-002
HELD BY )
PILGRIM'S PRIDE CORPORATION )
Pursuant to provisions of North Carolina General Statute (G.S.) 143-215.2, this Special Order by
Consent is entered into by Pilgrim's Pride Corporation, hereinafter referred to as Pilgrim's Pride,
and the North Carolina Environmental Management Commission, an agency of the State of North
Carolina created by G.S. 14313-282, and hereinafter referred to as the Commission:
1. Pilgrim's Pride and the Commission hereby stipulate the following:
a. Pilgrim's Pride holds North Carolina NPDES permit NC0072575 ("Permit") for
operation of an existing wastewater treatment plant ("WWTP") at its Sanford,North
Carolina facility, and for making an outlet therefrom for treated wastewater to the Deep
River, a Class C water of this State in the Cape Fear River Basin.
b. Pilgrim's Pride is unable to consistently comply with the final effluent limits for Total
Nitrogen ("TN") and Ammonia Nitrogen("NH3 as N") as set forth in Permit. Effluent
limits for these (and other)parameters have been exceeded since September 2013 in the
manner and to the extent as shown in Attachment B to this Order.
c. Pilgrim's Pride is within the jurisdiction of the Commission as set forth in G.S. Chapter
143, Article 2.
d. Compliance with the Permit will require preparation and implementation of a plan for
WWTP upgrades. Pilgrim's Pride has funding for planning, and has retained an
environmental and civil engineering consultant to design upgrades to its WWTP which,
once constructed and operated, will be sufficient to adequately convey and treat
wastewater in compliance with final effluent limits.
2. Pilgrim's Pride, desiring to comply with the Permit, hereby agrees to do the following:
a. As settlement of all known NPDES limit violations of the Permit occurring prior to
entering into this Special Order by Consent, pay an up-front penalty in the amount of
$10,000.00 and $382.15 in costs totaling$10,382.15. A certified check in the amount of
$10,382.15 must be made payable to the Department of Environmental Quality and
forwarded to the Director of DWR at 1617 Mail Service Center, Raleigh,North Carolina
27699-1617 by no later than ninety (90) days following the date on which this Order is
approved and executed by the Commission and received by Pilgrim's Pride.

Pilgrim ' s Pride Corporation '
EMC SOC WQ S 1 5 - 002
---- - ------- ----- - --- -- ---- --Page 2
b. Undertake the following activities in accordance with the indicated time schedule listed
below in Table 1. Event Schedule:
(1.) Treatment Unit Investigations. Conduct investigations into available treatment
operations, measures, or technologies that once constructed, will treat wastewater to
such an extent that the discharge from the Pilgrim's Pride facility will comply with
appropriate final effluent limits. Pilgrim's Pride must communicate in writing the
results of the investigations whereby a report of the proposed treatment unit
changes will illustrate how the reduction of the pollutants will be achieved.
(2.) Connection to the City of Sanford. Conduct an investigation to determine the
availability, suitability, and the willingness of the City of Sanford to accept and
treat all or portions of the Pilgrim's Pride facility process wastewater. If these
investigation efforts support this approach, Pilgrim's Pride will need to conduct
further investigation into technologies, sewer extensions, and pretreatment
requirements that may be needed for the Pilgrim's Pride facility to eliminate their
discharge or reduce their waste load such that Pilgrim's Pride facility will be able to
achieve compliance with appropriate final effluent limits. Pilgrim's Pride must
communicate in writing the results of the investigations detailing why this approach
is or is not appropriate to pursue in order to achieve compliance.
(3.) Solids Management Plan
Within 180 days of signature date of this agreement, Pilgrim's Pride will provide a
Solids Management Plan for this facility. The plan must include the following:
i. The current sludge inventory and current storage capacity for the Pilgrim's
Pride facility.
ii. Actions to determine sludge depth and monitor characteristics sufficient to
evaluate removal options (dewatering and/or stabilization if needed) and proper
disposal of solids as needed to provide adequate volume for proper operation of
the treatment units. Sludge depths and characteristics will be determined every
6 months for the first 24 months of plan implementation.
iii. Strategies and action items associated with the management of existing solids,
solids generated in the future, and solids that will be generated from any new
treatment units that may be constructed as a part of this order, including
performance thresholds mandating implementation of the plan. The ultimate
disposal of solids must be clearly addressed in the Solids Management Plan.
iv. The plan will be reviewed annually to evaluate sludge removal options and
revised, if needed, to include a sludge removal implementation schedule.

v
Pilgrim ' s Pride Corporation
EMC SOC WQ S 1 5 - 002
Page 3
c. Table 1: Event Schedule
EVENT Completion Date
Up-Front Penalty Payment
No later than 90 days after SOC
effective date
Treatment Unit Investigations written report due -No later than 90 days after SOC
effective date
Connection to the City of Sanford written report due No later than 90 days after SOC
effective date
Solids Management Plan written report due No later than 90 days after SOC
effective date
Bid Date—Receipt of Bids from Contractors March 1, 2016
Award Contract to Selected Contractor—Issue Notice
to Proceed (NTP)
April 25, 2016
Mobilize and Begin Construction May 9, 2016
Complete Construction March 13, 2017
Comply with final effluent limits June 15, 2017
d. Quarterly Reports
Pilgrim's Pride will submit quarterly progress reports detailing the work and activities
undertaken and completed with regard to the upgrades of the WWTP. The quarterly
progress reports must also clearly identify any noncompliance including violations of
any interim modified effluent limits that occurred during the reporting quarter. The
report must 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. The reports are to be submitted as
follows:
One copy must be mailed to:
Raleigh Regional Supervisor
Water Quality Regional Operations Section
1628 Mail Service Center
Raleigh, NC 27699-1628
One copy must also be mailed to:
Supervisor, Compliance &Expedited Permits Unit
N.C. Division of Water Resources—Water Quality Permitting Section
1617 Mail Service Center
Raleigh,NC 27699-1617

Pilgrim ' s Pride Corporation
EMC SOC WQ S 15 - 002
Page 14
The quarterly reports are due in each respective office no later than the thirtieth (301h)
day of January,April,July, and October for the duration of this Order, beginning
January 30, 2016.
e. Compliance Notification&Reporting—Schedule Events
No later than twenty(20) calendar days after any date identified for accomplishment of
any activity listed in 2.(c) above, Pilgrim's Pride shall submit written notice of
compliance of the completion of the SOC event. 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.
Compliance notifications shall be submitted to the same addressees noted in 2.(d)
above.
f. Interim Limits
During the time in which this Special Order by Consent is effective, Pilgrim's Pride shall
comply with the interim modified effluent limits for Total Nitrogen (TN) and Ammonia
Nitrogen(NH3 as N) as listed in the table below. Pilgrim's Pride may also be required to
monitor other parameters, as deemed necessary by the Director, in future permits or
administrative letters.
Under this Special Order by Consent, ONLY the parameters listed below (Interim
Modified Effluent Limits) have been modified from the most current NPDES Permit
in effect for Outfall 001. All other effluent limits, monitoring requirements,
frequencies, and permit conditions remain in full effect and are unchanged.
Permit Limits and Modified Limits (SOC)
Current Permit Limits Interim Modified Effluent
Effluent Limits (SOC)
Characteristics Monthly Daily Monthly Daily
Average Maximum Average Maximum
TN 103 mg/L 147 mg/L 200 mg/L 250 mg/L
NH3 as N 1.0 mg/L1 2.0 mg/L1 2.0 mg/L 4.0 mg/L
Footnote
1. Listed permit limits are for summer months (April 1 —October 31) only. Permit
winter limits are the same as the summer interim effluent limits, in essence, creating
year-round ammonia nitrogen limits for the life of the Order.
g. During the term of this Order, Pilgrim's Pride will continue to operate the WWTP as best
possible to prevent/minimize any adverse impacts to the surface waters.

Pilgrim ' s Pride Corporation
EMC SOC WQ S15 - 002
-- ----- ------- -- -- —--- -------------------- ---- --- Page 15
3. Pilgrim's Pride agrees that unless excused under paragraph four (4), Pilgrim's Pride will pay
the Director of DWR,by check payable to the North Carolina Department of Environment and
Natural Resources, stipulated penalties according to the following schedule for failure to meet
the deadlines, limits and reporting requirements set out in paragraphs 2.c., d., e. and f.
Failure to meet a schedule date listed in $500 per day.
paragraph 2.c.
Failure to comply with interim modified effluent $2,000 for each monthly average limit
limit listed in paragraph 21. exceedance; $500 for each daily
maximum limit exceedance.
Failure to submit reports, progress reports and $500 for the first violation; penalty
notice as required by paragraph 2.d. and 2.e. doubles with each subsequent
assessment for late reports.
Failure to achieve compliance with final effluent
limits on or before May 1, 2017. $5,000 (single penalty).
4. Pilgrim's Pride and the Commission agree that the stipulated penalties are not due if
Pilgrim's Pride 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)
ermittee;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. 15013-23, 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.

Pilgrim ' s Pride Corporation L
EMC SOC WQ S15 - 002
- - - - - - - - -- -- -- -- Page 16
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 the Permit. In the
event of an NPDES permit modification or renewal, any effluent limit or monitoring
requirements contained therein shall supersede those contained in this Special Order by
Consent, except as modified and contained in paragraph 21. above.
7. This Special Order by Consent may be amended provided Pilgrim's Pride has made good
faith efforts to secure funding, complete all construction and achieve compliance within the
dates specified.
8. Failure to meet scheduled dates identified in paragraph 2.c. may terminate this Special Order
by Consent and require the Pilgrim's Pride to comply with the terms and conditions
contained in the permit identified in paragraph La.
9. Pilgrim's Pride, upon signature of this Special Order by Consent,will be expected to comply
with all schedule dates,terms, and conditions of this document.
10. This Special Order by Consent shall expire on September 15,2017.
For Pilgrim's Pride Corporation:
Brent Glasgow Date
Vice President, Pilgrim's Pride Corporation
For the North Carolina Environmental Management Commission:
S. Jay Zimmerman, P.G. Date
Director, Division of Water Resources