NC0004308_Email Attachment_20200102

DRAFT
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF STANLY
IN THE MATTER OF )
NORTH CAROLINA )
NPDES PERMIT NC0004308 )
HELD BY )
BADIN BUSINESS PARK LLC )
SPECIAL ORDER BY CONSENT
EMC SOC WQ S19-009
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 Badin Business Park LLC, hereinafter referred to as
Badin Park, 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. Badin Park and the Commission hereby stipulate the following:
a. Badin Park holds North Carolina NPDES permit number NC0004308 for the
discharge of groundwater, stormwater, and fire protection from Badin Park's facility
to an unnamed tributary to Little Mountain Creek and Badin Lake (Yadkin River),
Class WS-IV and WS-IV CA & B waters, respectively, of the state in the Yadkin -Pee
Dee River Basin, but is unable to consistently comply with the final effluent limits for
Total Fluoride and Total Cyanide as set forth in NPDES permit NC0004308 for
Outfall 005. Compliance will require the design and construction of a stormwater
piping system upgrade intended to divert and pump water from Outfall 005 to
Outfalls 011 and 012 that discharge to Badin Lake.
b. Noncompliance with final effluent limits constitutes causing and contributing to
pollution of the waters of this State named above, and Badin Park is within the
jurisdiction of the Commission as set forth in G.S. Chapter 143, Article 21.
c. Badin Park will secure financing for planning, design, and construction of a
stormwater piping system upgrade which, once constructed and operated, will be
sufficient to adequately convey wastewater presently being discharged, to such an
extent that Badin Park 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.
2. Badin Park, desiring to comply with the permit identified in paragraph 1(a) above, hereby
agrees to the do the following:
a. Undertake the following activities in accordance with the indicated time schedule:

Badin Business Park LLC
EMC SOC WQ S19-009
Page 2 of 4
Scheduled Activity
Due Date
Initiate plans and specifications for stormwater piping
system upgrade intended to divert and pump water
June 30, 2020
from Outfall 005 to Outfalls 011 and 012
Complete plans and specifications
June 30, 2021
Begin Construction
October 31, 2021
End Construction
June 30, 2022
Attain compliance with the final effluent limitations in
July 31, 2022
the Permit.
b. Badin Park will submit quarterly progress reports detailing the work and activities
undertaken and completed on the upgrades to the stormwater piping system to divert
and pump water from Outfall 005 to Outfalls 011 and 012. The reports are to be
submitted as follows: one copy must be mailed to the Mooresville Regional
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. 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.
Badin Park will comply with all terms and conditions of the permit except those
effluent limits identified in paragraph 1(a) above. See Attachment A for all current
monitoring requirements and effluent limits for Outfall 005. Badin Park 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, Badin Park shall comply with the interim effluent limits for
Total Fluoride and Total Cyanide for Outfall 005 as listed in the table below.
Under this Special Order by Consent, ONLY the parameters listed below have
been modified from the most current NPDES Permit in effect for outfall 005.
Parameters
Units
Permit Limits
Interim Limits
Monthly
Avg.
Daily
Maximum
Monthly
Avg.
Daily
Maximum
Total Fluoride
m /L
1.8 m L
24 m L
5.0 m /L
24 m L
Total Cyanide
/L
5.0 /1
46.6 1
100.0 L
148.5 L
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 DWR 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.

Badin Business Park LLC
EMC SOC WQ S19-009
Page 3 of 4
3. Badin Park will continue to operate the facility as best as possible to prevent/minimize any
adverse impacts to the surface waters. Badin Park agrees that unless excused under paragraph
four (4), Badin Park 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).
Violation Description
Stipulated Penalty
Failure to meet a scheduled date
$1,000 per day
Failure to comply with a modified effluent
$1,000 for exceeding monthly average
limit
limit; $500 for exceeding daily maximum
limits
Monitoring frequency violations for
$100 per omitted value per parameter
modified parameters
$1,000 for the first violation; penalty
Failure to Submit Status Reports
doubles with each subsequent assessment
for late reports
Failure to achieve compliance with final
$5,000 (single penalty)
effluent limits
4. Badin Park and the Commission agree that the stipulated penalties are not due if Badin Park
satisfies DWR that noncompliance was caused solely by:
a. An act of God;
b. An act of war;
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 by DWR 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.

Badin Business Park LLC
EMC SOC WQ S19-009
Page 4 of 4
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 NC0004308. 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(d) above.
7. This Special Order by Consent may be amended provided Badin Park has made good faith
efforts to secure funding, complete all construction and achieve compliance within the dates
specified.
8. Failure to meet the scheduled date identified in paragraph 2(a) may terminate this Special
Order by Consent and require Badin Park to comply with the terms and conditions contained
in the permit identified in paragraph 1(a).
9. Badin Park, 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 October 31, 2022.
For Badin Business Park LLC:
Robyn L. Gross, Director
Asset Management Americas
For the North Carolina Environmental Management Commission:
Linda Culpepper, Director
Division of Water Resources
Date
Date

Permit NC0004308
Attachment A
EMC SOC WQ S18-010
PART I
SECTION A - EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
During the period beginning on the effective date of the permit and lasting until expiration, the Permittee
is authorized to discharge wastewater and stormwater associated with the activities described in its
current NPDES permit application. Such discharges shall be monitored, controlled, and limited as
specified below.
A.(L) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - Outfall 005 [15A
NCAC 02B .0400 et seq., 02B .0500 et seq.]
During the period beginning on the effective date of this permit and lasting until the expiration date of
this permit, the Permittee is authorized to discharge groundwater, stormwater, and fire protection water
at Outfall 005 subject to the following effluent limitations and monitoring) requirements:
EFFLUENT LIMITATIONS
MONITORING REQUIREMENTS
Monthly
Weekly
Daily
Measurement
Sample
Sample
PARAMETER
Average
Average
Maximum
Frequency
Type
Location 2
Flow
Monthly
Instantaneous
E
Total Suspended Solids
Quarterly
Composite 3
E
pH
Shall remain within the range of 6.0 to
Monthly
Grab
E
9.0 standard units at all times
Total Aluminum
Quarterly
Composite 3
E
Total Fluoride 4
5.0 mg/l
24 mg/1
Monthly
Composite 3
E
Total Cyanide 4
100.0 µg/1 �`
148.5 µg/I
Monthly
Grab
E
Total Residual Chlorine 4
17 µg/1
Monthly
Grab
E
Acute Toxicity 5
Quarterly
Composite 3
E
Attain compliance with the final effluent limitations in the Permit on July 31, 2022.
This Special Order by Consent shall expire October 31, 2022.
Footnotes:
1. Submit Discharge Monitoring Reports electronically using NC DWR's eDMR application system. Please See
Special Condition C.(6).
2. Sample locations: E - Effluent.
3. The Permittee may use time -proportionate compositing or other sampling method provided that the alternate
method yields samples that are reasonably representative of the discharge during the monitoring period.
4. The permittee shall use sufficiently sensitive test procedures approved under 40 CFR part 136 for the analysis
of pollutants. A method is "sufficiently sensitive" when: (1) The method minimum level (ML) is at or below
the level of the effluent limit established in the permit for the measured pollutant or pollutant parameter; or
(2) the method has the lowest ML of the analytical methods approved under 40 CFR part 136 or required
under 40 CFR chapter I, subchapter N or O for the measured pollutant or pollutant parameter. 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. Acute Toxicity P/F Quarterly; see Special
Condition C.(1).
Page 1 of 1