NC0004308_Draft SOC Public Notice_20201119

NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF STANLY

IN THE MATTER OF )
NORTH CAROLINA ) SPECIAL ORDER BY CONSENT
NPDES PERMIT NC0004308 ) EMC SOC WQ S19-009
)
HELD BY )
BADIN BUSINESS PARK LLC )

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. Badin Park 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.
b. Noncompliance with final effluent limits constitutes causing and contributing to
pollution of the waters of the 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:
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Scheduled Activity Due Date
Initiate plans and specifications for stormwater piping
system upgrade intended to divert and pump water
from Outfall 005.
June 30, 2020 (Met)
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
the current Permit. October 31, 2022
b. Badin Park will submit quarterly progress reports detailing the work and activities
undertaken and completed on the upgrades to the collection system. The report s are to
be submitted as follows: one copy must be mailed to the Mooresville Regional
Office 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 /
Compliance & Expedited Permitting Branch, 1617 Mail Service Center Raleigh,
NC 27699-1617. The quarterly reports are due in each respective office no later than
the fifteenth (15th) day of January, April, July, and October for the duration of this
Order.
c. 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 mg/L 1.8 mg/L 24 mg/L 3.0 mg/L 24 mg/L
Total Cyanide µg/L 5.0 µg/L 46.6 µg/L 4 5.6 µg/L 46.6 µg/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.
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e. Badin Park will continue to operate the facility as best as possible to
prevent/minimize any adverse impacts to the surface waters.
3. Badin Park, desiring to comply with the Permit identified in paragraph l(a) above, hereby
agrees to the following settlement of outstanding civil penalties, an upfront penalty, and
stipulated penalties:
a. Badin Park has outstanding civil penalty assessments that total $2,328.80. As
settlement of all alleged violations of NPDES permit number NC0004308 prior to
entering into this Special Order by Consent, Badin Park agrees to pay an upfront
penalty amount of $578.80, with the remaining amount of $1,750.00 to be held in
abeyance until the successful completion of this SOC. A certified check in the amount
of $578.80 must be made payable to the North Carolina Department of
Environmental Quality and forwarded to the Director of DWR by no later than fifteen
(15) days following the date on which this Order is approved and executed by the
Commission and received by the County.
b. At the successful conclusion of this Special Order by Consent, the penalty amount
held in abeyance ($1,750.00) will be remitted. Should the Special Order by Consent
not reach a successful conclusion, the full remaining penalty amount of $1,750.00
will be due immediately by check payable to the North Carolina Department of
Environmental Quality and forwarded to the Director.
c. Badin Park agrees that unless excused under paragraph four (4), the County 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 dead lines set out in paragraphs 2(a), 2(b), and 2(d); and interim
effluent limits and monitoring requirements set out in paragraph 2(c):
Violation Description Stipulated Penalty
Failure to meet a scheduled date $2,000 per day
Failure to comply with a modified effluent
limit
$2,000 for exceeding monthly average
limit; $1,000 for exceeding daily maximum
limits
Monitoring frequency violations for
modified parameters $200 per omitted value per parameter
Failure to Submit Status Reports
$2,000 for the first violation; penalty
doubles with each subsequent assessment
for late reports
Failure to achieve compliance with final
effluent limits $100,000 (single penalty)
d. Certified checks are to be made payable to the North Carolina Department of
Environmental Quality and forwarded to Director of DWR at 1617 Mail Service
Center, Raleigh, North Carolina 27699-1617.
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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 init iate. 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.
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 t he 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.
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This Special Order by Consent shall expire January 31, 2023.

For Badin Business Park LLC:

_____________________________________________ ________________________
Robyn L. Gross, Director Date
Asset Management Americas

For the North Carolina Environmental Management Commission:

_____________________________________________ ________________________
S. Daniel Smith, Director Date
Division of Water Resources

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11/9/2020
Permit NC0004308
Attachment A
EMC SOC WQ S 19-009

Page 1 of 1

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.(1.) 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 monitoring1 requirements:
EFFLUENT LIMITATIONS MONITORING REQUIREMENTS
PARAMETER Monthly
Average
Weekly
Average
Daily
Maximum
Measurement
Frequency
Sample
Type
Sample
Location 2
Flow Monthly Instantaneous E
Total Suspended Solids Quarterly Composite 3 E
pH Shall remain within the range of 6.0 to
9.0 standard units at all times Monthly Grab E
Total Aluminum Qua rterly Composite 3 E
Total Fluoride 4 3 .0 mg/l * 24 mg/l Monthly Composite 3 E
Total Cyanide 4 45.6 µg/l * 46.6 µg/l Monthly Grab E
Total Residual Chlorine 4 17 µg/l Monthly Grab E
Acute Toxicity 5 Quarterly Composite 3 E
* SOC Limits are effective beginning on the effective date of the SOC and lasting until the SOC compliance date
October 31, 2022. The current permit limits shall become effective November 1, 2022. The SOC shall expire
on January 31, 2023.
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 sensitiv e 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 pollutan t 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.
5. Acute Toxic ity P/F Quarterly; see Special Condition C. (1 ).
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