NC0004308_Email Attachment_20200102 (3)

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
Ms. Robyn L. Gross, Director
Asset Management Americas
Badin Business Park LLC
201 Isabella St.
Pittsburg, PA 15212
Dear Ms. Gross:
NORTH CAROLINA
Environmental Quality
June 28, 2019
Subject: SPECIAL ORDER BY CONSENT (SOC)
EMC SOC WQ S18-010
Badin Business Park LLC
NPDES No. NC0004308
Stanly County
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 have been revised to include a $500.00 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,
Derek C. Denard, Environmental Specialist
Division of Water Resources, NCDEQ
he: Robyn L. Gross, Director Asset Management America, Hwy 740, PO Box 576, Badin, NC 28009
SOC Files w/attachments
Central Files w/attachments
ec: Robyn L. Gross, Director Asset Management Americas [[e-mail]]
DWRAVQPS Qais Banihani [[e-mail]]
DWR/MRO Corey Basinger [[e-mail]]; Andrew Pitner [[e-mail]];
Roberto Scheller [[e-mail]]
NCDOJ Asher Spill [[e-mail]]; Amy Bircher [[e-mail]]
NPDES Files [Laserfiche]
North Carolina Department of Environmental Quality I Division of Water Resources
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EQ> 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
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MAY 0.� 2019
Water ty
NORTH CAROLINA Pei scflor►
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 S18-010
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. Badin Park and the Commission are referred to hereafter collectively as the
"Parties".
1. Badin Park and the Commission hereby stipulate the following:
a. Badin Park holds North Carolina NPDES permit number NC0004308 issued
September 29, 2017 (the "Permit")' for the discharge of wastewater
(contaminated groundwater), stormwater, and fire protection water from Badin
Park's facility located at NC Hwy. 740 & NCSR 1719, Stanly County, NC
(`Badin Business Park") 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.
b. Badin Park is unable to consistently comply with the monthly average and daily
maximum effluent limits for total cyanide, and the monthly average effluent
limits for total fluoride set forth in the Permit for Outfall 005. This Special Order
by Consent ("Special Order") addresses issues related to compliance with these
effluent limits.
c. Compliance with the monthly average fluoride limit and the daily maximum and
monthly average cyanide limits at Outfall 005 in the permit will require the design
and construction of a stormwater piping system upgrade at the Badin Business
' The North Carolina Department of Environmental Quality, Division of Water Resources ("DWR") anticipates
modifying the Permit to address matters unrelated to the total cyanide and total fluoride effluent limits for Outfall 005.
Those effluent limits remain the same in the draft modified permit which DWR expects to issue in final form in 2019
after complying with public notice requirements. At the expiration of this Special Order, Badin Park will be required
to comply with the effluent limits for Outfall 005 set forth in either the Permit as issued on September 29, 2017, or the
modified Permit, whichever is in effect at the expiration of this Special Order. References to the "Permit" throughout
this Special Order shall refer to the Permit as issued on September 29, 2017 or the modified Permit.

Badin Business Park LLC
EMC SOC WQ S 18-010
Page 2 of 6
Park, which can be performed without further permitting in accordance with the
existing permit and this Special Order.
d. 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.
e. Badin Park has secured financing for planning, design, and construction of a
stormwater piping system upgrade which, once constructed and operated, will be
sufficient to achieve compliance with the final effluent limits in the Permit.
2. Badin Park, desiring to comply with the Permit hereby agrees to the do the following:
a. Undertake the following activities in accordance with the indicated time schedule:
Scheduled Activi -
Due Date
Complete the specification to optimize the newly installed
piping system upgrade — to include improved plugging of the
February 28, 2019
former storm drains to isolate old system, and improvements to
(Met)
stormwater collection drainage paths.
Complete the construction of the Badin Business Park piping
April 30, 2019
system upgrade.
(Met)
Attain compliance with the final effluent limitations in the
July 31, 2019
Permit.
b. Badin Park will comply with all terms and conditions of the Permit except those
effluent limits identified in paragraph 1(b) 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. Badin Park shall comply with the
interim effluent limits for total fluoride and total cyanide at Outfall 005 as listed in
the table below until the deadline for attaining final compliance with the final
effluent limitations in the Permit. Badin Park shall attain compliance with the final
effluent limitations in the Permit as listed in the table below by July 31, 2019.
Under this Special Order, 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
mgl
1.8 nia
24 ma
5.0 mg/L
24 mg/L

Badin Business Park LLC
EMC SOC WQ S 18-010
Page 3 of 6
Total Cyanide I µme- 1 5.0 µg/1 46.6 µg/1 + 100.0 µg/L 148.5 µg/L
c. 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 ("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.
d. If the stormwater piping system upgrades required by this Special Order have not
been completed by the date of the issuance of this Special Order, Badin Park
shall, within thirty (30) days of that issuance, secure and provide documentation
to DWR of an irrevocable standby letter of credit (Letter of Credit) to cover the
cost of the uncompleted construction. The institution issuing the Letter of Credit
shall be an entity which has the authority to issue letters of credit and whose letter
of credit operations are regulated and examined by a Federal or State agency. The
Letter of Credit shall be issued in favor of the State of North Carolina. The
financial assurance provided by the Letter of Credit must be continuous in nature
and must bind Badin Park as well as its successors -in -interest. The amount of
coverage of the Letter of Credit shall be at least 100% of the estimated cost of
constructing the stormwater piping system upgrade required by this Special
Order. DWR may increase the amount of the Letter of Credit if it concludes that
additional work is required in order to achieve final compliance with effluent
limits in the Permit. The Letter of Credit shall be maintained during the term of
this Special Order until it expires or is otherwise canceled.
3. Badin Park agrees that unless excused under paragraph four (4), Badin Park will pay the
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) and 2(c).
Violation Descr' tion
St' ulated Penalty
Failure to meet a scheduled date
$1,000 per day
Failure to comply with an interim
$1,000 for exceeding monthly average
effluent limit
limit; $500 for exceeding daily maximum
limits
Monitoring frequency violations for
$100 per omitted value per parameter
modified parameters

Badin Business Park LLC
EMC SOC WQ S 18-010
Page 4 of 6
Failure to Timely Submit Notice
$1,000 for the first violation; penalty
Required by Paragraph 2(c)
doubles with each subsequent assessment
for late notice
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;
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 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. Since this Special Order is by consent, the Parties acknowledge that review of the same is
not available to the Parties in the N.C. Office of Administrative Hearings. Furthermore,
neither party shall file a petition for judicial review concerning the terms of this Special
Order.
6. Noncompliance with the terms of this Special Order is subject to enforcement action in
addition to the above stipulated penalties, including, but not limited to injunctive relief
pursuant to G.S. 143-215.6C or termination of this Special Order by the Director of DWR
upon ten (10) days' notice to Badin Park. Noncompliance with the terms of this Special
Order will not be subject to civil penalties in addition to the above stipulated penalties.
7. This Special Order 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

Badin Business Park LLC
EMC SOC WQ S 18-010
Page 5 of 6
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, except as modified and contained in paragraph 2(b)
above.
8. This Special Order may be modified at DWR's discretion, provided DWR is satisfied that
Badin Park has made good faith efforts to secure funding, complete all construction, and
achieve compliance within the dates specified. In accordance with applicable law,
modification of this Special Order will go to public notice prior to becoming effective.
9. In addition to any other applicable requirement, each notice required to be submitted by
Badin Park under this Special Order shall be signed by a plant manager or a corporate
official responsible for environmental management and compliance, and shall include the
following certification:
I certify under penalty of law that this document and all attachments
were prepared under my direction or supervision in accordance with
a system designed to assure that qualified personnel properly gather
and evaluate the information submitted. Based on my inquiry of the
person or persons who manage the system, or those persons directly
responsible for gathering the information, the information submitted
is, to the best of my knowledge and belief, true, accurate, and
complete. I am aware that there are significant penalties for
submitting false information, including the possibility of fine and
imprisonment for knowing violations.
10. Failure to meet the scheduled date identified in paragraph 2(a) may terminate this Special
Order and require Badin Park to comply with the terms and conditions contained in the
Permit.
11. Badin Park, upon signature of this Special Order, will be expected to comply with all
schedule dates, terms, and conditions of this document.

Badin Business Park LLC
EMC SOC WQ S 18-010
Page 6 of 6
This Special Order by Consent shall expire October 31, 2019.
For Badin Business Park LLC:
Robyn L. Gross, Di ctor Date
Asset Management Americas
For the North Carolina Environmental Management Commission:
4
Linda Culpepper, Director Date
Division of Water Resources

Attachment A
EMC SOC WQ S18-010
A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS —
OUTFALL 005 (INTERIM) [15A NCAC 02B .0400 et seq., 02B .0500 et seq.]
During the period beginning on the effective date of the Special Order and lasting until July 31, 2019, the
Permittee is authorized to discharge groundwater, stormwater, and fire protection water at Outfall 005. Such
discharges shall be limited and monitored' by the Permittee as specified below:
EFFLUENT LIMITATIONS MONITORING REQUIREMENTS
PARAMETER
[PARAMETER CODES]
Monthly Weekly
Daily Measurement SampleFSample
Average Average
Maximum Frequency Type
cat on 2
Flow (mgd)
50050
Monthly
Instantaneous
E
C0530
Quarterly
Composite 3
E
Total Suspended Solids (mg/1)
pH (su)
00400
Shall remain within the range of 6.0
Monthly Grab
E
to 9.0 standard units at all times
Total Aluminum (mg/1)
01105
Quarterly
Composite 3
E
Total Fluoride (mg/1) 4
00951
5.0 mg/l *
24 mg/l
Monthly
Monthly
Composite 3 E
Grab E
Total Cyanide (µg/1) 4
00720 100.0 µg/l *
148.5 µg/l *
Total Residual Chlorine (µg/1)
4,6
50060
17 µg/I
Monthly
Grab E
Acute Toxicity 5
TGP3B I
Quarterly Composite 3
E
* Attain compliance with the final effluent limitations in the Permit on July 31, 2019.
This Special Order by Consent shall expire October 31, 2019.
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 Permittee
shall report on its Discharge Monitoring Reports the actual laboratory results for each effluent sample tested.
5. Acute Toxicity P/F Quarterly; see Special Condition C. (1).
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