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HomeMy WebLinkAboutNC0005363_Approval_20200127 r ROY COOPER �H , trd , +j _ Governor ! .l s MICHAEL S.REGAN Secretary A` `' LINDA CULPEPPER NORTH CAROLINA Director Environmental Quality January 27, 2020 Mr. Paul Draovitch, Senior Vice President EHS Duke Energy 526 S. Church Street Mail Mail Code EC3XP Charlotte, NC 28202 Subject: SPECIAL ORDER BY CONSENT SOC No. S 19-006 Duke Energy Progress, LLC Weatherspoon Plant NPDES Permit NC0005363 Robeson County Dear Mr. Draovitch: Attached for your records is a copy of the Special Order by Consent (SOC) approved by the Environmental Management Commission and signed by the Director of the Division of Water Resources on January 27, 2020. The terms and conditions of the SOC are in full effect, including those requiring submittal of written notice of compliance or non-compliance with any schedule date. The following items are brought to your attention as they pertain to the terms and conditions of the SOC: • Payment of the upfront penalty is due no later than February 28,2020. • Monitoring performed per the terms of the SOC shall commence during the current calendar quarter(January- March), with results submitted to DWR no later than April 30, 2020. Subsequent monitoring and reporting shall occur as specified in the SOC. • Per the terms of paragraph 2.b.4, submittal of the first quarterly progress report shall be due on July 30, 2020. Pursuant to North Carolina General Statute 143-215.3D, water quality fees have been revised to include an annual fee for activities covered under a Special Order by Consent. Duke Energy will be subject to a fee of$250.00 on a yearly basis while under the Order. The initial fee payment shall be paid no later than February 28, 2020. Future annual fee invoicing will be done on an annual basis along with the invoicing for other Duke Energy SOCs. D,.,•--E Q NorthNorth Carolina DepartmentSalisburyStreet1 of1611 EnvirMailonmentalService Quality I DivisionRaleigh,North of WaterCarolina Resou27rces 512 699 1611 NOW,G4aCt INA Department of EmiromnntN Owl` r 919.707.9000 Mr. Paul Draovitch S 19-006 Transmittal p . 2 If you have any questions concerning this matter, please contact Bob Sledge at(919) 707-3602. Si7elyt Linda Culpepper Attachment cc: SOC File ec: Fayetteville Regional Office - DWR/Water Quality Regional Operations DWR Laserfiche Files Shannon Langley- Duke Energy Sara Janovitz - EPA Region 4 Jeff Poupart- DWR/WQPS NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION COUNTY OF ROBESON IN THE MATTER OF ) NORTH CAROLINA ) SPECIAL ORDER BY CONSENT NPDES PERMIT NC0005363 ) ) EMC SOC WQ S 19-006 HELD BY ) DUKE ENERGY PROG RESS, LLC Pursuant to the provisions of North Carolina General Statutes (G.S.) 143-215.2, this Special Order by Consent covering seeps from the coal ash basin at the W. H. Weatherspoon Facility, is entered into by Duke Energy Progress, LLC, hereinafter referred to as Duke Energy, 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. Duke Energy and the Commission are referred to hereafter collectively as the "Parties." 1. Stipulations: Duke Energy and the Commission hereby stipulate the following: a. This Special Order by Consent("Special Order") addresses issues related to the elimination of seeps (as defined in subparagraphs e, f, and g below) from Duke Energy's coal ash basins during the separate and independent process of basin closure under the Coal Ash Management Act, G.S. 130A-309.200 through 130A- 309.231 ("CAMA") and the Federal Coal Combustion Residuals Rule, 40 CFR Parts 257 and 261. The Environmental Protection Agency first directed permitting authorities to consider potential impacts on surface water of seeps from earthen impoundments in 2010. At that time, Duke Energy began discussions with the North Carolina Department of Environmental Quality("the Department") regarding seeps at multiple Duke Energy facilities, including identifying certain seeps in permit applications and providing data to the Department regarding seeps. In 2014, Duke Energy provided a comprehensive evaluation of all areas of wetness and formally applied for NPDES permit coverage of all seeps. Since 2014, Duke Energy has performed periodic inspections and promptly notified the Department of new seeps and sought NPDES permit coverage where appropriate. On March 4, 2016, the Department issued Notices of Violation ("NOVs") to Duke Energy related to seeps. EMC SOC WQ S 19-006 Duke Energy Progress,LLC p. 2 Pursuant to CAMA, Duke Energy is required to decant and dewater its coal ash basins as part of the closure process. Decanting (i.e., removal of the free water on the surface of the coal ash basin) has been completed at the Weatherspoon Facility's coal ash basin. Dewatering (i.e. removal of sufficient interstitial water) of the Weatherspoon Facility's coal ash basins will be required before the ash basin can be closed. Removal of remaining coal ash wastewater through dewatering is expected to substantially reduce or eliminate the seeps. In order to accomplish this goal of substantially reducing or eliminating seeps,this Special Order affords certain relief to Duke Energy related to the non-constructed seeps (as defined in subparagraphs f and g below), while Duke Energy completes activities associated with closure of the ash basins. Constructed seeps at the Weatherspoon Facility (as defined in subparagraphs e and f below)will be addressed in the NPDES permit. After completion of dewatering activities for a set period of time, for any remaining seeps,whether constructed or non- constructed, Duke Energy must take appropriate corrective action as specified more fully below. b. Duke Energyhas been issued a North Carolina NPDESpermit for operation of an p existing wastewater treatment works at the following, former coal fired electric generation facility: Receiving Water Facility Permit County Issuance for Primary Number Date Outfall Weatherspoon NC0005363 Robeson 08/03/2018 Lumber River c. Duke Energy's Weatherspoon Facility no longer generates electricity by burning coal. A four-unit, combustion turbine electric generation system,powered by fuel oil is located at the site. The Weatherspoon Facility has an existing ash basin and is subject to the provisions of this Special Order. d. Wastewater treated at coal-fired electric stations includes water mixed with ash produced through the combustion of coal for the steam generation process. Ash is controlled and collected through the use of water, creating a slurry that is conveyed to impoundments or basins with earthen dike walls. In the ash basin, the solids separate from the liquid portion, with the resulting supernatant discharged under the terms of the NPDES permit. EMC SOC WQ S 19-006 Duke Energy Progress,LLC P.3 • e. The coal ash basin at the Weatherspoon Facility is unlined, having no impermeable barrier installed along its floors or sides. Earthen basins and dike walls are prone to the movement of liquid through porous features within those structures through a process known as seepage. The Weatherspoon Facility exhibits locations adjacent to, but beyond the confines of, the coal ash basin where seepage of coal ash wastewater from the coal ash basin may intermix with groundwater, reach the land surface(or"daylight"), and may flow from that area. Once such seepage reaches the land surface, it is referred to as a"seep." Each of the seeps identified at the Weatherspoon Facility and addressed in this Special Order exhibit some indication of the presence of coal ash wastewater. Both(a) confirmed seeps and(b)areas identified as potential seeps that were later dispositioned, are identified in Attachment A. f. The Weatherspoon Facility's coal ash impoundment contains constructed features on or within the dam structures (toe drains)to collect seepage. This wastewater is conveyed via pipes and a constructed channel directly to treatment unit covered by the NPDES permit, with permitted discharge to a receiving water. These discrete, identifiable,point source discharges are covered and regulated by the NPDES permit and designated as internal outfalls therein. The characteristics of these wastewater flows are similar to those discharging from other permitted outfalls for ash basin effluent. In this Special Order, seeps that are (1) on or within the dam structures and (2) convey wastewater via a pipe or constructed channel directly to a receiving water are referred to as"constructed seeps." Seeps that are not on or within the dam structure or that do not convey wastewater via a pipe or constructed channel directly to a receiving stream are referred to as"non- constructed seeps." g. Non-constructed seeps at the Weatherspoon Facility often exhibit low flow volume and may be both transient and seasonal in nature, and may, for example, manifest as an area of wetness that does not flow to surface waters, a point of origin of a stream feature, or flow to an existing stream feature. These circumstances of the non-constructed seeps make them difficult to discern, characterize, quantify and/or monitor as discrete point source discharges. This creates challenges in permit development and compliance monitoring because it is difficult to accurately monitor for flow and discharge characterization. Non- constructed seeps at the Weatherspoon Facility p present significant challenges to their inclusion in NPDES permits as point source discharges, but they do cause or contribute to pollution of classified waters of the State. Therefore,these non- constructed seeps are addressed in this Special Order rather than in an NPDES permit. EMC SOC WQ S 19-006 Duke Energy Progress,LLC p. 4 h. A subset of these non-constructed seeps at the Weatherspoon Facility do not flow directly to surface waters, but flow to some portion of an NPDES permitted wastewater treatment system. In such instances, the seeps may be referenced in NPDES permits as contributing flow to a permitted outfall. Any non-constructed seep that falls within this subset is identified in Attachment A by the following statement in its description: "This non-constructed seep flows to a portion of an NPDES wastewater treatment system." Investigations and observations conducted by the Department and U. S. Army Corps of Engineers staff have concluded that some seeps emanating from the Weatherspoon Facility's coal ash basin creates and/or flows into features delineated as classified waters of the State or Waters of the United States. j. Collectively,the flow volume from non-constructed seeps is generally low compared to historic volumes of wastewater generated at the Weatherspoon Facility. k. In 2014, Duke Energy conducted a survey of each coal-fired electric generation station to identify potential seeps from the coal ash surface impoundments. Duke Energy included all areas of wetness identified around the impoundments as seeps, and submitted applications to include those seeps in NPDES permits. Beginning in 2015, Duke Energy has implemented semi-annual surveys to identify new seeps in the vicinities of the coal ash basins. Additional seeps have been observed and documented during these surveys and reported to the Department pursuant to a Discharge Identification Plan mandated by CAMA. Additional investigation has determined that not all of areas identified in 2014 are seeps, but each Duke Energy facility does have multiple seeps. 1. The Department issued a NOV to Duke Energy on March 4, 2016 for the seeps that emanate from the unlined coal ash surface impoundment at the Weatherspoon Facility. m. Non-constructed seeps create conditions such that certain surface water quality standards may not consistently be met at all Duke Energy monitoring sites. n. The presence of coal ash influenced water in the non-constructed seeps causes or contributes to pollution of the waters of this State, and Duke Energy is within the jurisdiction of the Commission as set forth in G.S. Chapter 143, Article 21. o. A list of seeps identified in the vicinities of the coal ash surface impoundments at the Weatherspoon Facility, as well as their locations, and the bodies of water those seeps may flow into (if applicable), can be found in Attachment A to this Special Order. EMC SOC WQ S 19-006 Duke Energy Progress,LLC P. 5 p. Duke Energy must close the coal ash surface impoundments at all North Carolina coal-fired electric generating stations in accordance with applicable requirements set out in CAMA and the Federal Coal Combustion Residuals Rule,requirements of which are independent of the resolution of seeps addressed in this Special Order. q. Continued dewatering of wastewater from the coal ash basin is expected to eliminate or substantially reduce the seeps from the ash basin at the Weatherspoon Facility. r. 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. 2. Duke Energy, desiring to resolve the matters causing or contributing to pollution of the waters of the State described above, hereby agrees to do the following: a. Penalties 1) Upfront Penalty. As settlement of all alleged violations due to seepage at the Weatherspoon Facility,pay the Department, by check payable to the North Carolina Department of Environmental Quality, a penalty in the amount of$72,000, calculated based upon$12,000 each for four constructed seeps identified prior to January 1, 2015 and $6,000 each for four non-constructed seeps identified prior to January 1, 2015. A certified check in the amount of$72,000.00 must be made payable to the Department of Environmental Quality and sent to the Director of the Division of Water Resources (DWR) at 1617 Mail Service Center, Raleigh,North Carolina 27699-1617 by no later than thirty (30) days following the date on which this Special Order is approved and executed by the Commission, and received by Duke Energy. EMC SOC WQ S 19-006 Duke Energy Progress,LLC p. 6 No penalty shall be assessed for seeps identified after December 31, 2014, given Duke Energy's inclusion of seeps in permit applications and compliance with the Discharge Identification Plan required under CAMA. By entering into this Special Order,Duke Energy makes no admission of liability, violation or wrongdoing. Except as otherwise provided herein,1 payment of the upfront penalty does not absolve Duke Energy of its responsibility for the occurrence or impacts of any unauthorized discharges in the area of the Weatherspoon Facility that may be discovered in the future, nor does the payment preclude DWR from taking enforcement action for additional violations of the State's environmental laws. 2) Stipulated Penalties. Duke Energy agrees that unless excused under paragraph 5, Duke Energy will pay the Department, by check payable to the North Carolina Department of Environmental Quality, stipulated penalties according to the following schedule for failure to perform activities described in paragraphs 2(b and c), or for failure to comply with interim action levels listed in Attachment A. Failure to meet a deadline in the Compliance $1,000.00/day for the first seven Schedule in 2(b) of this Special Order days; $2,000.00/day thereafter Failure to meet any other deadline in this $1,000.00/day for the first seven Special Order days; $2,000.00/day thereafter Exceedance of an interim action level listed in $4,500.00 per monitored exceedance Attachment A Monitoring frequency violations $1,000.00 per violation Failure to submit, by the deadline set forth herein, adequate amendments to groundwater $5,000.00 per day, to a maximum of Corrective Action Plans or Closure Plans to $1,000,000.00 per electric generating address all remaining seeps,through facility. corrective action as applicable under paragraph 2(b)(7) of this Special Order.2 As long as Duke Energy remains in compliance with the terms of this Special Order, as well as CAMA and conditions of any approvals issued thereunder,the Department shall not assess civil penalties for newly identified seeps. 1 See especially paragraph 2(a)2 excepting newly identified seeps from future penalties under certain conditions. 2 Failure to adequately implement any amended Corrective Action Plan or Closure Plan will be handled in the normal course. EMC SOC WQ S19-006 Duke Energy Progress,LLC p. 7 b. Compliance Schedule. Duke Energy shall undertake the following activities in accordance with the indicated time schedule. No later than fourteen(14) calendar days after any date identified for accomplishment of any activity, Duke Energy shall submit to the Director of DWR written notice of compliance or noncompliance therewith. In the case of compliance, the notice shall include the date compliance was achieved along with supporting documentation if applicable. 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. Duke Energy is required to comply with the requirements of G.S. § 130A- 309.216. Duke Energy is currently engaged in the reuse of CCR material from the Weatherspoon Facility by providing the material as a raw product in the manufacture of cement. 1) The Coal Ash Management Act(G.S. § 130A-309.210 (b))prohibited the disposal of CCR into the basins at Duke Energyfacilities where coal-fired generating units were no longer producing CCR as of October 1, 2014. The coal-fired generating units at the Weatherspoon Facility were retired in 2011. 2) The cessation of inflows at the Weatherspoon Facility resulted in an immediate reduction of the amount of free water in the basin such that additional decanting was not pursued. 3) Removal of interstitial water will be required in order to excavate'the ash for the purpose of its removal from the Weatherspoon Facility. Duke Energy has begun the process of removal of interstitial water from the Weatherspoon Facility and will continue as needed to support the ash reuse project described above. 4) Beginning with the first complete calendar quarter that occurs following the effective date of this Consent Order, Duke Energy shall provide reports on the status of dewatering work and other activities undertaken with respect to excavation of the Weatherspoon Facility's coal ash surface impoundment to DWR. The quarterly reports are due by April 30, July 30, October 30, and January 30. The reports are to be submitted as follows: one copy must be mailed to DWR's Fayetteville Regional Office Supervisor, p sor, 225 Green Street, Suite 714, Fayetteville,NC 28301-5095, and one copy must be mailed to the Water Quality Permitting Program, Division of Water Resources, 1617 Mail Service Center, Raleigh NC 27699-1617. The quarterly reporting requirement shall remain in force until completion of two years of coal ash excavation operations. EMC SOC WQ S 19-006 Duke Energy Progress,LLC p. 8 5) Duke Energy shall conduct annual comprehensive surveys of areas down gradient of the ash basins, identifying new seeps, and documenting the physical characteristics of previously documented seeps. All examinations of seeps must include identification of seeps by approximate latitude and longitude and date-stamped digital photographs of their appearance. A report summarizing the findings of the surveys, including a section analyzing the effect dewatering of the basin has on seep flows, accompanied by copies of the photographs noted above("Annual Seep Report"), shall be submitted to DWR in conjunction with submittal of the April 30 quarterly reports noted in 2(b)(4). This Annual Seep Report must list any seep that has been dispositioned (as described below) during the previous year, including an analysis of the manner of disposition. For purposes of this Special Order, "dispositioned"includes the following: (1) the seep is dry for at least three consecutive quarters; (2)the seep does not constitute, and does not flow to, waters of the State or Waters of the United States for three consecutive quarters; (3)the seep is no longer impacted by flow from any coal ash basin as determined by the Director of DWR in accord with applicable law and best professional judgment; or(4) the seep has been otherwise eliminated (e.g.,through an engineering solution). If a seep that has been dispositioned through drying up reappears in any subsequent survey, such a seep will no longer be deemed dispositioned and can be subsequently re-dispositioned as specified above. �) No later than April 30, 2022 (90 days following the completion of two years of CCR removal activities under the terms of this Special Order(to include excavation and dewatering)at the Weatherspoon Facility), and in the same manner as in the annual surveys, Duke Energy shall conduct a comprehensive survey of areas down gradient of ash basin at the Weatherspoon Facility, identifying new seeps, and documenting the physical characteristics of previously documented seeps. All examinations of seeps must include identification of seeps by approximate latitude and longitude and date-stamped digital photographs of their appearance. A report summarizing the findings of this survey, including a section analyzing the effect decanting and dewatering of the basin has had on seep flows, accompanied by copies of the photographs noted above, shall be submitted to the Director of DWR("Final Seep Report"). This Final Seep Report must list any seep that has been dispositioned(as described in subparagraph(5) above) during decanting, dewatering and CCR removal or beneficiation processes, including an analysis of the manner of disposition. The determination of whether a seep is dispositioned rests with the Director of DWR. At, or at any time prior to, submission of the Final Seep Report, Duke Energy shall seek formal certification from the Director of DWR, certifying the disposition of any seep that Duke Energy has characterized as dispositioned. Any seeps not certified as dispositioned by the Director of DWR shall not be deemed as dispositioned. EMC SOC WQ S 19-006 Duke Energy Progress,LLC P. 9 7) If by the date specified in subparagraph(6) above, any seeps(including both constructed and non-constructed seeps)have not been certified by the Director of DWR as dispositioned (as described in subparagraph(5) above), Duke Energy shall conduct a characterization of those seeps.3 Duke Energy shall submit a report on the findings of these characterizations ("Seep Characterization Report")to the Director of DWR no later than June 30, 2022. The Seep Characterization Report must include all sampling data for each remaining seep as well as Duke Energy's evaluation of the jurisdictional status of all seeps at the Weatherspoon Facility. The determination regarding whether a surface water feature is a classified water of the State rests with DWR. No later than August 31, 2022 (60 days following the submittal of the Seep Characterization Report), Duke Energy shall submit a complete and adequate proposed amendment to the groundwater Corrective Action Plan and/or Closure Plan as appropriate for the Weatherspoon Facility describing how any seeps identified in the Seep Characterization Report will be managed in a manner that will be sufficient to protect public health, safety, and welfare, the environment, and natural resources. This proposed amendment will go to public comment. Duke Energy shall submit documentation that the proposed modification has been submitted to the appropriate division within the Department that has authority for approving modification of the groundwater Corrective Action Plan and/or Closure Plan. The content of, and DEQ's review of, an amendment to a groundwater Corrective Action Plan shall be consistent with Title 15A, Chapter 2L of the N.C. Administrative Code (specifically including 2L.0106(h)-(o)). The amendment to the Corrective Action Plan and/or Closure Plans shall be implemented by Duke Energy in accordance with the deadlines contained therein, as approved or conditioned by the Department. Failure by Duke Energy to implement the amendment will be handled in the normal course by the Department in accordance with its enforcement procedures(i.e., outside this Special Order). 3 If any seep is dispositioned between the time that the Final Seep Report is submitted and the time the Seep Characterization Report is submitted, an analysis of the manner of disposition must be included in the Seep Characterization Report, and Duke Energy must seek certification of such a disposition from the Director of DWR. Only if such certification is received prior to the due date of the proposed amendment described in paragraph 2(b)(7)may such a seep, certified as dispositioned, be omitted from the proposed amendment. EMC SOC WQ S 19-006 Duke Energy Progress,LLC p. 10 8) Termination of Special Order This Special Order shall terminate on the later of the following dates: • Certification that all seeps have been eliminated. • 30 days following the approval of an amended groundwater Corrective Action Plan and/or Closure Plan as appropriate(if an amendment is submitted in compliance with subparagraph(7) above). For clarity, listed below is a summary of the timetable for the documents due in accordance with the terms of this Special Order: Document Due Date Final Seep Report April 30, 2022 Seep Characterization Report June 30, 2022 Proposed amendment to groundwater Corrective Action Plan and/or Closure August 31, 2022 Plan c. Interim Action Levels. 1) Duke Energy shall perform monitoring of waters receiving flow from non- constructed seeps in accordance with the schedules listed in Attachments A and B, except as noted in paragraph 2(c)(2)below. 2) If the monitoring of any classified water of the State receiving flow from seeps regulated by this Special Order indicates exceedance of any interim action level established by the Special Order, Duke Energy shall increase monitoring at that location from quarterly to monthly until concentrations of monitored characteristics return to those observed at the initiation of the Special Order. If any interim action level established by the Special Order is exceeded by more than 20%in a single sampling event, or exceeded for two (2) consecutive monitoring events, in addition to paying the associated stipulated penalty, Duke Energy shall conduct a re-assessment of the contributing seep(s), including, but not limited to, evaluation of proposed remedial actions for treatment and/or control of the seep such that impacts to the receiving waters are quickly mitigated. A report compiling the findings of the re-assessment, including proposed remedial actions, shall be provided to the Director of DWR within 60 days of any applicable exceedance. Following its review, DWR shall notify Duke Energy of its concurrence or disapproval of Duke Energy's proposed remedial actions. EMC SOC WQ S 19-006 Duke Energy Progress,LLC p. 11 3) Upon the complete execution of this Special Order,with regard to non- constructed seeps, interim action levels for the receiving waters (which are minor tributaries)are hereby established as noted in Attachment A. The interim action levels are site-specific. Duke Energy shall monitor at approved sampling sites to ensure interim action levels are met. Interim action levels shall remain effective in the designated surface waters until the applicable termination date in paragraph 2(b)(8)is reached. 4) Monitoring associated with seeps covered by this Special Order is exempt from the electronic reporting requirements associated with NPDES permits. Results of monitoring required exclusively per the terms of this Special Order shall be reported to the Director of DWR in a spreadsheet/worksheet format agreed to by Duke Energy and DWR. Monitoring data shall be submitted to the Director of DWR in a digital format no rater than 30 days following the end of each calendar quarter for as long as the Special Order is in effect. Monitoring data shall be sent to the following email address: desocdata@ncdenr.gov. Data from those sites with monitoring required exclusively per the terms of the Special Order will be posted on DWR's website to provide the public with the opportunity for viewing. 3. Duke Energy will continue to operate its coal ash surface impoundment in such a manner that its performance is optimized, and potential for surface waters to be affected by seeps is minimized. 4. Duke Energy shall make available on its external website the NPDES permits,this Special Order and all reports required under this Special Order for the Weatherspoon Facility no later than thirty (30) days following their effective or submittal dates. 5. Duke Energy and the Commission agree that the stipulated penalties specified in paragraph 2(a)(2) are not due if Duke Energy 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 Duke Energy or if the act or omission occurs in connection with a contractual relationship with Duke Energy; EMC SOC WQ S 19-006 Duke Energy Progress,LLC p. 12 d. An extraordinary event beyond the Duke Energy's control, specifically including any court order staying the effectiveness of any necessary permit or approval. Contractor delays or failure to obtain funding will not be considered as events beyond Duke Energy's control; or e. Any combination of the above causes. 6. Failure within thirty (30) days of receipt of written demand by DWR to pay the stipulated penalties, or challenge them bya contested case petitionpur suant to G.S. 150B-23, will g 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. 7. Any non-constructed seeps causing or contributing to pollution of waters of the State associated with the coal ash impoundment at Duke Energy's Weatherspoon Facility, and listed in Attachment A to this Special Order, are hereby deemed covered by this Special Order. Any newly-identified non-constructed seeps discovered while this Special Order is in effect, and timely reported to the Department per the terms of CAMA and this Special Order, shall be deemed covered by the terms of the Special Order, retroactive to the time of their discovery. Newly-identified non-constructed seeps must be sampled for the presence of those characteristics listed in Attachment B to this Order. Newly- identified non-constructed seeps found to be causing or contributing to pollution of the waters of the State, with the effect of causing a violation of water quality standards in surface waters not already referenced in the Special Order,may require modification of the Special Order to address those circumstances. 8. 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 Duke Energy. Noncompliance with the terms of this Special Order will not be subject to civil penalties in addition to the above stipulated penalties. 9. 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 NC0005363. 10. This Special Order may be modified at the Commission's discretion,provided the Commission is satisfied that Duke Energy 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. 11. Failure to pay the up-front penalty within thirty (30) days of execution of this Special Order will terminate this Special Order. EMC SOC WQ S 19-006 Duke Energy Progress,LLC p. 13 12. In addition to any other applicable requirement, each report required to be submitted by Duke Energy 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. 13. This Special Order shall become effective in accordance with state law, and once effective, Duke Energy shall comply with all schedule dates, terms, and conditions herein. EMC SOC WQ S 19-006 Duke Energy Progress,LLC p. 14 This Special Order byConsent shall expire no later than Aug ust p 31, 2023. For Duke Energy Progress, LLC: \-DC..-iZ-__ I ;;;:? la/SIVI Paul Draovitch Date Senior Vice President, Environmental, Health & Safety For the North Carolina Environmental Management Commission: ( (A_______- il Dr. A. tanley Meiburg, Chairm Date tb-1440 NC Environmental Management Commission Attachment A S19-006 Duke Energy Progress, LLC—Weatherspoon Steam Station, p. 1 Constructed Seeps Approximate Location Seep ID Receivin Receiving Number Coordinates Description g Waterbody SOC Monitoring Interim Action Latitude Longitude Waterbody Levels Classification Engineered ash basin toe drain. Flows Collection N/A—Not a N/A—Seep ditch flowing contribution S 11 34.588537 -78.968071 to collection ditch. Conveyed to cooling Classified analyzed in NPDES N/A—Not a pond;discharge regulated by NPDES to NPDES Classified Surface permit Surface Permit monitoring at permit,outfall 001. outfall 001 Water Outfall 001 Water Engineered ash basin toe drain. Flows Collection N/A—Not a N/A—Seep ditch flowing contribution S 12 34.588729 -78.967785 to collection ditch.Conveyed to cooling Classified analyzed in NPDES N/A—Not a NPDES to NPDES Classified Surface pond;discharge regulated by Surface Permit monitoring at permit,outfall 001. permit Water outfall 001 Water Outfall 001 Engineered ash basin toe drain. Flows Collection ditch flowing N/A—Not a N/A—Seep contribution S 13 34.588896 -78.967469 to collection ditch.Conveyed to cooling Classified analyzed in NPDES N/A—Not a pond;discharge regulated by NPDES to NPDES Classified Surface permit Surface Permit monitoring at permit,outfall 001. Water Outfall 001 Water outfall 001 Engineered ash basin toe drain. Flows Collection N/A—Not a N/A—Seep ditch flowing contribution S 14 34.589052 -78.967185 to collection ditch. Conveyed to cooling Classified analyzed in NPDES N/A—Not a pond;discharge regulated by NPDES to NPDES Classified Surface permit Surface Permit monitoring at permit,outfall 001. Water Outfall 001 Water outfall 001 Engineered ash basin toe drain. Flows Collection N/A—Not a N/A—S ditch flowing —Seep contribution S 25 34.588819 -78.967677 to collection ditch.Conveyed to cooling Classified analyzed in NPDES N/A—Not a NPDES to NPDES Classified Surface pond;discharge regulated by Surface Permit monitoring at permit Water permit,outfall 001. outfall 001 Water Outfall 001 *Location previously investigated as a seep. Monitoring has not indicated the presence of coal combustion residuals. **Seep dispositioned via repair and/or non-flowing condition to potentially reach WOTUS,or other,as noted. Monitoring shall be conducted at the approximate locations indicated on the attached site map. All monitoring shall be conducted per the requirements found in Attachment B of this Order. Attachment A S19-006 Duke Energy Progress, LLC—Weatherspoon Steam Station, p. 2 Constructed Seeps Approximate Location Seep ID Receiving Receiving Number Coordinates Description Waterbody SOC Monitoring Interim Action Latitude Longitude Waterbody Levels Classification Engineered ash basin toe drain. Flows Collection ditch flowing N/A—Not a N/A—Seep contribution S 26 34.588953 -78.967433 to collection ditch.Conveyed to cooling Classified analyzed in NPDES N/A—Not a pond;discharge regulatedto NPDES Classified Surface g g by NPDES Surface Permit monitoring at permit,outfall 001. permit Water Outfall 001 Water outfall 001 Engineered ash basin toe drain. Flows Collection ditch flowing N/A—Not a N/A—Seep contribution to collection ditch. Conveyed to cooling Classified analyzed in NPDES S-27 34.589078 -78.967197 to NPDES N/A—Not a Classified Surface pond;discharge regulated by NPDES permit Surface Permit monitoring at permit,outfall 001. outfall 001 Water Outfall 001 Water *Location previously investigated as a seep. Monitoring has not indicated the presence of coal combustion residuals. **Seep dispositioned via repair and/or non-flowing condition to potentially reach WOTUS,or other,as noted. Monitoring shall be conducted at the approximate locations indicated on the attac ied site map. All monitoring shall be conducted per the requirements found in Attachment B of this Order. Attachment A 519-006 Duke Energy Progress, LLC—Weatherspoon Steam Station, p. 3 Non-Constructed Seeps Seep ID Approximate Location Receiving Coordinates Description Receiving Interim Action Number p Waterbody Waterbody SOC Monitoring Latitude Longitude Classification Levels Seep to small channel north of the ash ba!in, Site flowing west between toe of the dike and drainage Monitoring at S 01 34.593324 -78.973004 railroad tracks. Channel flows to S 09 and S ditch system established Duke flowing to C,Sw EnergyS-16 See S-16 16 before entering wetland complex and discharge to cooling pond. cooling monitoring site pond Unnamed Tributary Monitoring at Seep around riprap pile on northeast side of (UT)to location S-05, S-02 34.593513 -78.969757 ash basin.Flow conveyed southeast in small Jacob's C;Sw prior to joining See S-0S channel toward S-05 Swamp and other flows at the Lumber S-15. River UT to Monitoring at Seep on east side of the ash basin at the toe Jacob's location S-05, S-03 34.591892 -78.967913 of the dike. Flow conveyed southeast in Swamp and C;Sw prior to joining See 5-05 small channel toward S-05. the Lumber other flows at River S-15. UT to ** Static AOW at southeast corner of ash basin. Jacob's S-04 34.589755 -78.966327 Swamp and C;Sw N/A Seep N/A Seep Area repaired;seep eliminated. Dispositioned Dispositioned the Lumber River *Location previously investigated as a seep. Monitoring has not indicated the presence of coal combustion residuals. **Seep dispositioned via repair and/or non-flowing condition to potentially reach WOTUS,or other, as noted. Monitoring shall be conducted at the approximate locations indicated on the attached site map. All monitoring shall be conducted per the requirements found in Attachment B of this Order. Attachment A S 19-006 Duke Energy Progress, LLC—Weatherspoon Steam Station, p. 4 Seep ID Approximate Location Receiving Coordinates Description Receiving Interim Action Number p Waterbody Waterbody SOC Monitoring Levels Latitude Longitude Classification Monitoring location;not a seep. Small channel near southeast corner of ash basin near toe of dike. Location receives flow from UT to Monitoring at ** upstream locations S 02 and S 03.All flow at Jacob's location S-05, S-05 34.589871 -78.96588 Swamp and C;Sw prior to joining Arsenic 500 µ/L the location has been diverted from flowing Cadmium 10 µg/L to Jacob's Swamp to now join engineered the Lumber other flows at flow near S-15.Combined flows go to River S 15. cooling pond. Flow to ditch beyond north side of ash basin. UT to the S 06* 34.593088 -78.973552 Flows west toward S 07 and 5 08. From Lumber C;Sw N/A—Seep N/A—Seep sampling—No CCR impacts. River Dispositioned Dispositioned * 36"stormwater pipe,west of former power UT to the S-07 34.588211 -78.977747 p Lumber C;Sw N/A—Seep N/A—Seep plant site. From sampling—No CCR impacts. Dispositioned Dispositioned River 36"stormwater pipe,west former power UT to the Co ;Sw N/A—Seep N/A—Seep S-08* 34.588199 -78.97773 Lumber plant site. From sampling—No CCR impac Ts. Dispositioned Dispositioned River Monitoring location;not a seep. Drainage Site ditch between dike wall and railroad tracks. drainage Monitoring at S 09** 34.590244 78.973407 Receives flow from S-01 upstream,and ditch system established Duke flows toward S-16 downstream before flowing to C;Sw Energy S-16 See S-16 entering wetland complex and discharge to cooling monitoring site cooling pond. pond Seep located at the toe of the dike face on the west side of the ash basin. Flow Collection N/A—Seep conveyed via ditch to engineered channel ditch N/A—Not a contribution S 10 34.589208 -78.971123 collecting toe drain discharges.All flow flowing to Classified analyzed in N/A—Not a NPDES Surface NPDES Permit Classified Surface conveyed to cooling pond.This non- Water constructed seep flows to a portion of an permit Water monitoring at _NPDES wastewater treatment system. outfall 001 Outfall 001 *Location previously investigated as a seep. Monitoring has not indicated the presence of coal combustion residuals. **Seep dispositioned via repair and/or non-flowing condition to potentially reach WOTUS,or other,as noted. Monitoring shall be conducted at the approximate locations indicated on the attached site map. All monitoring shall be conducted per the requirements found in Attachment B of this Order. Attachment A S19-006 Duke Energy Progress, LLC—Weatherspoon Steam Station, p. 5 Approximate Location Seep ID Receiving Coordinates Description Receiving Interim Action Number p Waterbody Waterbody SOC Monitoring Levels Latitude Longitude Classification Monitoring location; not a seep. Sampling Effluent N/A—Seep site at end of culvert under road paralleling channel N/A—Not a contribution south side of ash basin.Collects flowsfrom flowing to Classified analyzed in N/A—Not a S-15** 34.58924 -78.966433Classified Surface S-02,S-03,S-05,S-10 and toe drain NPDES Surface NPDES Permit discharges. Combined flows are conveyed permit Water monitoring at Water via engineered channel to cooling pond. outfall 001 Outfall 001 Monitoring location; not a seep. Narrow Site ditch downstream of locations S-01 and S-09 drainage Monitoring at S 16** 34.587238 -78.969535 conveying flow to cooling pond. Location is ditch system established Duke Arsenic 15 ug/L flowingto C;Sw upstream of where ditch enters wetland Energy S 16 Mercury 0.02 ug/L complex. cooling monitoring site pond * Culvert through berm,west of former power UT to the N S-18 34.587809 -78.978069 Lumber C;Sw /A—Seep N/A—Seep plant site. From sampling—No CCR impacts. Dispositioned Dispositioned River * Culvert through berm,west of former power UT to the N S-22 34.58781 -78.978079 Lumber C;Sw /A—Seep N/A—Seep plant site. From sampling—No CCR impacts. Dispositioned Dispositioned River Small seep at toe of ash basin south side Effluent N/A—Seep dam. Flows to engineered channel collecting channel N/A—Not a contribution S-23 34.589457 78.966748 toe drain discharges.All flow conveyed to flowing to Classified analyzed in N/A—Not a cooling pond.This non-constructed seep NPDES Surface NPDES Permit Classified Surface flows to a portion of an NPDES wastewater permit Water monitoring at Water treatment system. outfall 001 Outfall 001 Small seep at toe of ash basin south side Effluent N/A—Seep dam. Flows to engineered channel collecting channel N/A—Not a contribution toe drain discharges.All flow conveyed to flowing to Classified analyzed in N/A—Not a S-24 34.5882 -78.9687 Classified Surface cooling pond.This non-constructed seep NPDES Surface NPDES Permit flows to a portion of an NPDES wastewater permit Water monitoring at Water treatment system. outfall 001 Outfall 001 *Location previously investigated as a seep. Monitoring has not indicated the presence of coal combustion residuals. **Seep dispositioned via repair and/or non-flowing condition to potentially reach WOTUS,or other,as noted. Monitoring shall be conducted at the approximate locations indicated on the attached site map. All monitoring shall be conducted per the requirements found in Attachment B of this Order. W. H. Weatherspoon Plant — Water Quality Monitoring :_�_ N 1 r *i.-I At i. r %. \ x+T t,4 Ash Basin 1 . y n d. Yk.. ,,i‘j , IP> - .. ' 'k Cooling Pond Instream Monitoring at S-05 & S-16 Locations SOC S 19-006 Duke Energy Progress, LLC—W. H. Weatherspoon Plant Attachment B Monitoring Requirements The following represents the parameters to be analyzed and reported at all monitoring locations designated within this Special Order. Parameter Reporting Units Monitoring Frequency TSS mg/L Annually Oil and Grease mg/L Annually pH Standard Units(s. u.) Quarterly Fluoride pg/L Quarterly Total Mercury ng/L Quarterly Total Barium pg/L Quarterly Total Zinc pg/L Quarterly Total Arsenic pg/L Quarterly Total Boron pg/L Quarterly Total Cadmium pg/L Gum ierly Total Chromium pg/L Quarterly Total Copper pg/L Quarterly Total Thallium pg/L Quarterly Total Lead pg/L Quarterly Total Nickel pg/L Quarterly Total Selenium pg/L Quarterly Nitrate/Nitrite as N mg/L Quarterly Bromides mg/L Quarterly Sulfates mg/L Quarterly Chlorides mg/L Quarterly TDS mg/L Quarterly Total Hardness mg/L Quarterly Temperature ° C Quarterly Conductivity, pmho/cm pmho/cm Quarterly Analyses of all monitoring conducted per the terms of this SOC shall conform to the requirements of 15A NCAC 2B .0505(e)(4)and(5); i.e., standard methods and certified laboratories shall be used.