NC0023884_Permit Modification_20040213

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
William G. Ross, Jr., Secretary
Alan W. Klimek, P.E., Director
February 13, 2004
Mr. John C. Vest, Utilities Director
City of Salisbury
P.O. Box 479
Salisbury, North Carolina28145
All
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
Subject: NPDES Permit Modification
Permit NCO023884
Salisbury -Rowan WWTP
Rowan County
Dear Mr. Vest:
As agreed upon in the settlement of contested case 02 EHR 1003, the Division of Water Quality is
hereby forwarding the final permit with the corrected facility name. The typographical errors regarding
the headers in Sections A. (4) and A. (5) have also been corrected. This modification does not
change any limits or monitoring frequencies.
If any parts, measurement frequencies or sampling requirements contained in this permit modification
are unacceptable to you, you have the right to an adjudicatory hearing upon written request within
thirty (30) days following receipt of this letter. This request must be a written petition conforming to
Chapter 150B of the North Carolina General Statutes, filed with the Office of Administrative Hearings
(6714 Mail Service Center, Raleigh, North Carolina 27699-6714). Unless such demand is made, this
decision shall be final and binding.
Please note that this permit is not transferable except after notice to the Division. The Division may
require modification or revocation and reissuance of the permit. This permit does not affect the legal
requirements to obtain other permits which may be required by the Division of Water Quality or
permits required by the Division of Land Resources, the Coastal Area Management Act or any other
Federal or Local governmental permit that may be required.
If you have any questions concerning this permit modification, please contact Charles Weaver at
telephone number [phone], extension 511.
Sincerely,
ffan W. Klimek, P.E.
cc: Mooresville Regional Office, Water Quality Section
NPDES Unit
Aquatic Toxicology
EPA Region IV
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer VISIT US ON THE INTERNET @ http://h2o.enr.state.nc.us/NPDES

Permit NCO023884
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
PF,RMTT
TO DISCHARGE WASTEWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations
promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water
Pollution Control Act, as amended, the
City of Salisbury
is hereby authorized to discharge wastewater from the facilities located at the
Salisbury -Rowan WWTP
1915 Grubb Ferry Road
Salisbury
Rowan County
and
850 Heiligtown Road
East Spencer
Rowan County
to receiving waters designated as the Yadkin River in the Yadkin -Pee Dee River Basin in accordance with
effluent limitations, monitoring requirements, and other conditions set forth in Parts I,11, I11, and IV
hereof.
The permit shall become effective February 13, 2004.
This permit and the authorization to discharge shall expire at midnight on July 31, 2004.
Signed this day February 13, 2004.
- W
an W. Klimek, P.E., DiVector
Division of Water Quality
By Authority of the Environmental Management Commission

Permit NCO023884 a
SUPPLEMENT TO PERMIT COVER SHEET
The City of Salisbury is hereby authorized to:
1. Continue to operate and maintain the existing 7.5 MGD Grants Creek Wastewater Treatment Train
consisting of
➢ Influent Parshall flume
➢ Four mechanical bar screens
➢ Four grit chambers
➢ Aeration basin with mechanical floating aerators and mixers
➢ Two circular clarifiers and two rectangular clarifiers
-➢ Screw pump lift station
➢ Two aerobic digesters
➢ Belt filter press
➢ Standby power generator
➢ Effluent pump station
➢ Flow measurement instrumentation
This treatment train is located on Grubb Ferry Road in Salisbury in Rowan County.
2. Continue to operate and maintain the existing 5.0 MGD Town Creek Treatment Train consisting of:
➢ Two mechanical bar screens
➢ Two grit and grease removal units
➢ Two aeration basins with fixed mechanical aerators and mixers
➢ Two secondary clarifiers
➢ Screw pump lift station
➢ Two aerobic digesters
➢ Standby power generator
➢ Flow measurement
➢ Sludge dewatering facilities
➢ Effluent pump station
This treatment train is located on Heiligtown Road near East Spencer in Rowan County.
3. Continue to operate and maintain an ultraviolet or sodium hypochlorite disinfection system, cascade
post aerator, Parshall flume, effluent sampling station and diffuser at the Yadkin River treatment train.
4. After receiving an Authorization to Construct from the Division, construct and operate a 20.0 MGD
wastewater treatment system.
5. Discharge from the Salisbury -Rowan WWTP at the location specified on the attached map via outfall
001 into the Yadkin River, currently classified WS-V waters in the Yadkin -Pee Dee River Basin.

Permit NCO023884
A. (1) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (12.5 MGD)
During the period beginning on the effective date of the permit and lasting until expansion beyond 12.5 MGD, the
Permittee is authorized to discharge from Outfall 001. Such discharges shall be limited and monitored by the
Permittee as specified below:
EFFLUENT,
EFFLUENT.LIMITATIONS
MONITORING REQUIREMENTS
Monthly
Average
Weekl y
A"' ago ,
Daily `:
Maximum,
Measyreinerit.
, Fre,: ue cy .
Sample
Type.
Sam le
Locat onl';
Flow
12.5 MGD
Continuous
Recording
Influent or
Effluent
BOD, 5 day, 20 °C
(April 1 to October 31)
15.0 mg/L
22.5 mg/L
Daily
Composite
Influent &
Effluent
BOD, 5 day, 20 'C
(November 1 to March 31)
30.0 mg/L
45.0 mg/L
Daily
Composite
Influent &
Effluent
Total Suspended Solids
30.0 mg/1-6
45.0 mg/L
Daily
Composite
Influent &
Effluent
NH3 as N
(April 1 to October 31)
6.0 mg/L
Daily
Composite
Effluent
NH3 as N
(November 1 to March 31)
12.0 mg/L
Daily
Composite
Effluent
Dissolved Oxygen
Daily
Grab
Effluent
Fecal Coliform
(geometric mean)
200/100 nil
400/100 ml
Daily
Grab
Effluent
Temperature
Daily
Grab
Effluent
H3
Daily
Grab
Effluent
Total Residual Chlorine
28 µg/L
Daily
Grab
Effluent
Total Nitrogen
(NO2 + NO3 + TKN)
Weekly
Composite
Effluent
Total Phosphorus
Weekly
Composite
Effluent
Silver
2/month
Composite
Effluent
Copper
2/month
Composite
Effluent
Cyanide
Quarterly
Grab
Effluent
Chronic Toxicity5
Quarterly
Composite
Effluent
Notes.
•
1. Combined effluent from the Grant Creek and Town Creek treatment trains, except that flow, BOD and TSS shall
be sampled separately at the Town Creek treatment train and the Grant Creek treatment train. BOD and TSS
removal efficiency shall be calculated by mathematically aggregating the values for the Grant Creek and Town
Creek treatment trains. (Refer to A. (6.).)
2. The daily average dissolved oxygen effluent concentration shall not be less than 5.0 mg/L.
3. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units.
4. Monitoring only applies if chlorine is added to the treatment system.
5. Chronic Toxicity limit (Ceriodapbnia) at 6.6 % with testing in March, June, September and December (see A. (4)).
6. The monthly average effluent BOD5 and Total Suspended Residue concentrations shall not exceed 15% of the
respective influent value (85 % removal).
7. 7.5 MGD at Grant Creek treatment train. 5.0 MGD at Town Creek treatment train.
There shall be no discharge of floating solids or visible foam in other than trace amounts.

Permit NCO023884
A. (2) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (20 MGD)
During the period beginning after expansion beyond 12.5 MGD and lasting until expiration, the Permittee is
authorized to discharge from Outfall 001. Such discharges shall be limited and monitored by the Permittee as
specified below:
EFFLUENT
CHARACTERISTICS
_ _ - - • __
EFFLUENYLIMITATIONS
MONITORINGREQUIREMENTS
Monthly
Average
Weekly
Average
Daily
Maximum
Measurement '
Frequency
Samplk
Type
Sample Location"
_
Flow
20 MGD
Continuous
Recording
Effluent
BOD, 5 day, 20 °C
(April 1 to October 31)
5.0 mg/L
7.5 mg/L
Daily
Composite
Influent and Effluent
BOD, 5 day, 20 °C
(November 1 to March 31)
10.0 mg/L
15.0 mg/L
Daily
Composite
Influent and Effluent
Total Suspended Solids
30.0 mg1L
45.0 mg/L
Daily
Composite
Influent and Effluent
NH3 as N
(April 1 to October 31)
1.0 mg/L
Daily
Composite
Effluent
NH3 as N
(November 1 to March 31)
2.0 mg/L
Daily
Composite
Effluent
Dissolved Oxygen2
Daily
Grab
Effluent
Fecal Coliform
(geometric mean)
200/100 ml
400/100 ml
Daily
Grab
Effluent
Temperature
Daily
Grab
Effluent
pH3
Daily
Grab
Effluent
Total Residual Chlorine4
28 Ng/L
Daily
Grab
Effluent
Total Nitrogen
(NO2 + NO3 + TKN)
Weekly
Composite
Effluent
Total Phosphorus
Weekly
Composite
Effluent
Silver
2/month
Composite
Effluent
Copper
2/month
Composite
Effluent
Cyanide
Quarterly
Grab
Effluent
Chronic Toxicity5
Quarterly
Composite
Effluent
Notes:
1. Sample locations: E - Combined Effluent from Grant Creek and Town Creek
2. The daily average dissolved oxygen effluent concentration shall not be less than 5.0 mg/L.
3. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units.
4. Monitoring only applies if chlorine is added to the treatment system for disinfection.
5. Chronic Toxicity limit (Ceriodaphnia) at 10.5 % with tests in March, June, September and December (see A. (5)).
There shall be no discharge of floating solids or visible foam in other than trace amounts.

Permit NCO023884
A. (3) INSTREAM MONITORING REQUIREMENTS:
EFFLUENT
CHARA , TERISTICS
MONITORING REQUIREMENTS_ .
Measurement
F,re; uency
Sam, le Ty a
$am _le_Location
Dissolved Oxygen
June -September
3/week
Grab
Upstream & Downstream
October -May
1/week
pH
June -September
3/week
Grab
Upstream & Downstream
October -May
1/week
Temperature
June -September
3/week
Grab
Upstream & Downstream
October -May
1/week
Total Phosphorus
June -September
1/month
Grab
Upstream &Downstream
NO2+NO3
June -September
1/month
Grab
Upstream & Downstream
NH3 as N
June -September
1/month
Grab
Upstream & Downstream
Total Kjeldahl Nitrogen
June -September
1/month
Grab
Upstream & Downstream
Chlorophyll -a
June -September
1/month
Grab
Downstream
Notes:
Upstream = at least 200 feet upstream of the discharge point
Downstream = 0.7 miles above Southern Railroad Bridge.
As a participant in the Yadkin Pee -Dee River Basin Association, the instream monitoring requirements as stated
above are waived. Should your membership in the agreement be terminated, you shall notify the Division
immediately and the instream monitoring requirements specified in your permit shall be reinstated.
As per 15A NCAC 2B.0505 (c) (4), stream sampling may be discontinued at such time as flow conditions in the
receiving waters or extreme weather conditions will result in a substantial risk of injury or death to persons collecting
samples. In such cases, on each day that sampling is discontinued, written justification for the discontinuance shall be
specified in the monitoring report for the month in which the event occurred. This provision shall be strictly
construed and may not be utilized to avoid the requirements of 15A NCAC 2B.0500 when performance of these
requirements is attainable. When sampling is discontinued pursuant to this provision, stream sampling shall be
resumed at the first opportunity after the risk period has ended.

Permit NCO023884
A. (4) CHRONIC TOXICITY PERMIT LIMIT (Quarterly) at 12.5 MGD
The effluent discharge shall at no time exhibit observable inhibition of reproduction or significant mortality to
Ceriodaphnia dubia at an effluent concentration of 6.6 %.
The permit holder shall perform at a minimum, quarterly monitoring using test procedures outlined in the "North
Carolina Ceriodaphnia Chronic Effluent Bioassay Procedure," Revised February 1998, or subsequent versions or
"North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised -February 1998) or subsequent
versions. The tests will be performed during the months of March, June, September, and December. Effluent
sampling for this testing shall be performed at the NPDES permitted final effluent discharge below all treatment
processes.
If the test procedure performed as the first test of any single quarter results in a failure or ChV below the permit limit,
then multiple -concentration testing shall be performed at a minimum, in each of the two following months as
described in "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised -February 1998) or
subsequent versions.
The chronic value for multiple concentration tests will be determined using the geometric mean of the highest
concentration having no detectable impairment of reproduction or survival and the lowest concentration that does
have a detectable impairment of reproduction or survival. The definition of "detectable impairment," collection
methods, exposure regimes, and further statistical methods are specified in the "North Carolina Phase II Chronic
Whole Effluent Toxicity Test Procedure" (Revised -February 1998) or subsequent versions.
All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge
Monitoring Form (MR-1) for the months in which tests were performed, using the parameter code TGP3B for the
pass/fail results and THP3B for the Chronic Value. Additionally, DWQ Form AT-3 (original) is to be sent to the
following address:
Attention: NC DENR / DWQ / Environmental Sciences Branch
1621 Mail Service Center
Raleigh, North Carolina 27699-1621
Completed Aquatic Toxicity Test Forms shall be filed with the Environmental Sciences Branch no later than 30 days
after the end of the reporting period for which the report is made.
Test data shall be complete, accurate, include all supporting chemical/physical measurements and all
concentration/response data, and be certified by laboratory supervisor and ORC.or approved designate signature.
Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for
disinfection of the waste stream.
Should there be no discharge of flow from the facility during a month in which toxicity monitoring is required, the
permittee will complete the information located at the top of the aquatic toxicity (AT) test form indicating the facility
name, permit number, pipe number, county, and the month/year of the report with the notation of "No Flow" in the
comment area of the form. The report shall be submitted to the Environmental Sciences Branch at the address cited
above.
Should the permittee fail to monitor during a month in which toxicity monitoring is required, monitoring will be
required during the following month.
Should any test data from this monitoring requirement or tests performed by the North Carolina Division of Water
Quality indicate potential impacts to the receiving stream, this permit may be re -opened and modified to include
alternate monitoring requirements or limits.
NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control organism
survival, minimum control organism reproduction, and appropriate environmental controls, shall constitute an invalid
test and will require immediate follow-up testing to be completed no later than the last day of the month following
the month of the initial monitoring.

Permit NCO023884
A. (5) CHRONIC TOXICITY PERMIT LIMIT (Quarterly) at 20 MGD
The effluent discharge shall at no time exhibit observable inhibition of reproduction or significant mortality to
Ceriodaphnia dubia at an effluent concentration of 10.5 %.
The permit holder shall perform at a minimum, quarterly monitoring using test procedures outlined in the "North
Carolina Ceriodaphnia Chronic Effluent Bioassay Procedure," Revised February 1998, or subsequent versions or
"North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised -February 1998) or subsequent
versions. The tests will be performed during the months of March, June, September, and December. Effluent
sampling for this testing shall be performed at the NPDES permitted final effluent discharge below all treatment
processes.
If the test procedure performed as the first test of any single quarter results in a failure or ChV below the permit limit,
then multiple -concentration testing shall be performed at a minimum, in each of the two following months as
described in "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised -February 1998) or
subsequent versions.
The chronic value for multiple concentration tests will be determined using the geometric mean of the highest
concentration having no detectable impairment of reproduction or survival and the lowest concentration that does
have a detectable impairment of reproduction or survival. The definition of "detectable impairment," collection
methods, exposure regimes, and further statistical methods are specified in the "North Carolina Phase II Chronic
Whole Effluent Toxicity Test Procedure" (Revised -February 1998) or subsequent versions.
All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge
Monitoring Form (MR-1) for the months in which tests were performed, using the parameter code TGP3B for the
pass/fail results and THP3B for the Chronic Value. Additionally, DWQ Form AT-3 (original) is to be sent to the
following address:
Attention: NC DENR / DWQ / Environmental Sciences Branch
1621 Mail Service Center
Raleigh, North Carolina 27699-1621
Completed Aquatic Toxicity Test Forms shall be filed with the Environmental Sciences Branch no later than 30 days
after the end of the reporting period for which the report is made.
Test data shall be complete, accurate, include all supporting chemical/physical measurements and all
concentration/response data, and be certified by laboratory supervisor and ORC or approved designate signature.
Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for
disinfection of the waste stream.
Should there be no discharge of flow from the facility during a month in which toxicity monitoring is required, the
permittee will complete the information located at the top of the aquatic toxicity (AT) test form indicating the facility
name, permit number, pipe number, county, and the month/year of the report with the notation of "No Flow' in the
comment area of the form. The report shall be submitted to the Environmental Sciences Branch at the address cited
above.
Should the permittee fail to monitor during a month in which toxicity monitoring is required, monitoring will be
required during the following month.
Should any test data from this monitoring requirement or tests performed by the North Carolina Division of Water
Quality indicate potential impacts to the receiving stream, this permit may be re -opened and modified to include
alternate monitoring requirements or limits.
NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control organism
survival, minimum control organism reproduction, and appropriate environmental controls, shall constitute an invalid
test and will require immediate follow-up testing to be completed no later than the last day of the month following
the month of the initial monitoring.

Permit NCO023884
A. (6) AGGREGATE CALCULATION OF GRANTS CREEK AND TOWN CREEK TSS AND
BOD REMOVAL EFFICIENCY
TSS %xxvTp Intl = (TSSGC I .0 X FIOWGC) + (TSSTC Infl x FIOWTC)
FIOWGC + F1owTc
TSS WWTP Eft? _ (TSSGC Eft? x FIOWGC) + (TSSTC Eftl X F10WTC)
FIOWGC + F1OWTc
TSSREMOVAL = (1 - (TSSIVWTP EfEI / TSSWWTp Infl) X 100%
Notes:
"Effl"
= Effluent
"Infl"
= Influent
"GC"
= Grants Creek Treatment Train
"TC" =
Town Creek Treatment Train
"WWTP"
= Salisbury=Rowan WWTP

ROY COOPER
ATTORNEY GENERAL
STATE 4�
State of North Carolina
Department of .Justice
P. O. Box 629
RALEIGH
27602-0629
October 20, 2003
Dave Goodrich
Division of Water Quality
MSC 1617
Raleigh NC 27699-1617
Re: City of Salisbury
02 EHR 1003
Dear Mr. Goodrich:
CA01 I'(i " -1, J,
V/
"
k�-1
Ltply to: f
Beverly N. Coats
Environmental Division
Tel: [phone]
Fax: [phone]
OCT 2 1 NO3 II
Enclosed you will find a copy of a letter along with the signed Settlement Agreement and
Withdrawal of Petition in the above reference case. Please review the letter for any other
corrections that may need to be made and return to me. If you have any questions, please give
Mary Penny Thompson a call at 919/716-6600.
Sincerely,
be�cLlf>
Beverly Oats
Assistant to Mary Penny Thompson
BNC
Enclosure
��p

BHooxs, PIERCE, MCLENDON, H-umpimEY & LEONA-nD, L.L.P.
L.P. MCLENDON. JR.
ALLISON M. GRIMM
ATTORNEYSAND L S ND GO UNSELORS AT LAW
EDGAR B. FISHER, JR.
ELIZABETH S. BREWINGTON
W. EDWIN FULLER. JR.
H. ARTHUR BOLICK 11
FOUNDED 1887
JAMES T. WILLIAMS. JR.
J. EDWIN TURLINGTON
WADE H. HARGROVE
JOHN M. CROSS. JR.
POST OFFICE BOX 26000
M. DANIEL MCGINN
JENNIFER K. VAN ZANT
MICHAEL O. MEEKER
KATHLEEN M. THORNTON
WILLIAM G. MCNAIRY
DAVID W. SAR
GREENSHORO, NORTH CAROLINA 27420
EDWARD C. WINSLOW III
BRIAN J. MCMILLAN
HOWARD L. WILLIAMS
NATALIE KAY SANDERS
TELEPHONE: [phone]
GEORGE W. HOUSE
DAVID KUSHNER
WILLIAM P.H. CARY
DEREK J. ALLEN
FACCTNa M [phone]
REID L PHILLIPS
ELIZABETH V. L4FOLLETTE
ROBERT A. SINGER
GINGER S. SHIELDS
JOHN H. SMALL
COE W. RAMSEY
WWWBROOESPIERCE.COM
RANDALL A. UNDERWOOD
ROBERT W. SAUNDERS
S. LEIGH RODENBOUGH IV
JENNIFER T. HARROD
MARK J. PRAK
CHARLES E. COBLE
JILL R. WILSON
JOHN M. DEANGELIS
MARC D. BISHOP
CLINTON R. PINYAN
JIM W. PHILLIPS. JR.
KATHRYN V. PU ROOM
MACK SPERLING
STEPHEN G. HARTZELL-JORDAN
October 3, 2003
JEFFREY E. OLEYNIK
JESSICA M. MARUES
MARK DAVIDSON
TERESA DELOATCH BRYANT
JOHN W. ORMAND III
ELIZABETH TAYLOR MEHAFFEY
ROBERT J. KING III
ANDREW J. HAILE
V. RANDALL TINSLEY
CHARLES F. MARSHALL III
S. KYLE WOOSLEY
J. BENJAMIN DAVIS
FORREST W. CAMPBELL, JR.
CAROLINE R. HEIL
MARCUS W. TRATHEN
KATHERINE A. MURPHY
JEAN C. BROOKS
SARA R. VIZITHUM
JAMES C. ADAMS II
C. SCOTT MEYERS
VIA FACSIMILE
919-716-6766
Ms. Mary Penny Thompson
Assistant Attorney General
NC DOJ, Environmental Division
Re: City of Salisbury
Dear Mary Penny:
HENRY E. FRYE
OF COUNSEL
J. LEE LLOYD
SPECIAL COUNSEL
AUBREY L. BROOKS (1872-1958)
W.H. HOLDERNESS (1904-1965)
L.P. MCLENDON (1890-1968)
KENNETH M. BRIM (1898-1974)
C.T. LEONARD, JR. (1929-1983)
CLAUDE C. PIERCE (1913-1988)
THORNTON H. BROOKS (1912-1988)
G. NEIL DANIELS (1911-1997)
HUBERT HUMPHREY (1928-2003)
OFFICE ADDRESS:
ZOOO RENAISSANCE PLAZA
230 NORTH ELM STREET
GREENSBORO, N.C. 27401
OFFICES ALSO IN
RALEIGH. NORTH CAROLINA
AND
WASHINGTON. D.C.
WRITER'S DIRECT DIAL
[phone]
rtinsley(aibrooksUierce.com
OCT - 7 2003
The City of Salisbury will not file a contested case regarding the recently published
Salisbury -Rowan WWTP NPDES permit and will dismiss the contested case regarding the former
version of the permit. The fully executed settlement agreement is enclosed. However, the City
requests that your client correct the following typographical errors in the permit:
The name of the WWTP is shown on the DWQ cover letter (dated August 15, 2003)
and on the permit's facility location map as "Yadkin River Regional WWTP." The
correct name is "Salisbury -Rowan WWTP."
2. In the middle of Section A.(4) there appears the header for Section A.(5). This
header should be deleted from this part of the permit.
In addition, the City reserves the right to have the permit amended to correct the erroneous
instream waste concentration ("IWC") apparently incorporated in Sections A.(4) and A.(5). The City
plans to seek an amendment once an environmental consultant has completed the calculation of the
7Q10 at the discharge point.
We look forward to working with you on behalf of the City of Salisbury.
374337

Ms. Mary Penny Thompson
October 3, 2003
Page 2
Sincere
VRT/amm
Enclosure
cc: Matt Bernhardt, City of Salisbury
David Goodrich, DWQ
374337

STATE OF NORTH CAROLINA IN THE OFFICE OF
ADMINISTRATIVE HEARINGS
COUNTY OF ROWAN 02 EHR 1003
City of Salisbury, )
Petitioner, )
SETTLEMENT AGREEMENT
V. ) AND WITHDRAWAL OF PETITION
}
N. C. Department of Environment and )
Natural Resources, Division of Water )
Quality, )
Respondent. )
The City of Salisbury; Petitioner, and the North Carolina Division of Water Quality
("DWQ") of the Department of Environment and Natural Resources, Respondent, hereby enter
into this Settlement Agreement ("Agreement"), pursuant to N.C. Gen. Stat. § 150B-31(b), in
order to resolve a matter in controversy between them. This matter arose out of the DWQ's
issuance of National Pollutant Discharge Elimination System ("NPDES") Permit NCO023884 to
the City of Salisbury. DWQ issued the permit on May 20, 2002 with an effective date of July 1,
2002 and an expiration date of July 31, 2004. The City of Salisbury appealed certain conditions
in the NPDES Permit issued on May 20, 2002, which is the Document Constituting Agency
Action in this contested case.
Without any hearing of fact or law in the above -styled matter, IT IS THEREFORE
AGREED BY THE PARTIES THAT:
I . In order to avoid the cost and delay of further litigation, the parties have entered
into this Agreement and have agreed that all parties have been correctly designated and that there
is no question as to misjoinder or nonjoinder.
Settlement Agreement and
Withdrawal of Petition Page 1

2. The parties agree that the Permit will be modified as indicated in Exhibit A, which
is attached hereto as Exhibit A and incorporated herein by reference, in order to clarify the permit
to reflect and facilitate the actual, rather than historical, City of Salisbury wastewater treatment
operations and to be consistent with the U.S. Environmental Protection Agency ("EPA") position
that two violations may arise from one biochemical oxygen demand (`BOD") or one total
suspended solids ("TSS") data point. The parties agree that the EPA interprets the federal
regulations as describing both a fixed effluent concentration and a variable effluent concentration
for BOD and for TSS.
3. The parties acknowledge that the Permit may be further modified at a later date to
revise the BOD and/or TSS removal requirements if the Petitioner can demonstrate that its
publicly -owned treatment works can meet the requirements of the federal regulations for such
revision.
4. The parties agree that the consideration for this settlement is the promises
contained herein and that this Agreement contains the whole agreement between them.
5. This Agreement shall be binding upon the parties, their successors and assigns,
upon execution by the undersigned, who represent and warrant that they are authorized to enter
into this agreement on behalf of the parties hereto.
WITHDRAWAL OF PETITION
6. Entry of this Agreement serves as Petitioner's Withdrawal of its Petition for
Contested Case Hearing Without Prejudice in these matters. The parties agree this matter is
concluded and that no further proceedings are needed or required to resolve the contested case.
Settlement Agreement and
Withdrawal of Petition Page 2

FOR THE DIVISION OF WATER
QUALITY
David A. Goodrich, PDES Unit
Date: $ 03
APPROVED BY:
ROY COOPER,
Attorney General
40
Mary PThomps
Assist eral
N.C. Bar No. 24567
N.C. Department of Justice
Environmental Division
P. O. Box 629
Raleigh, NC 27602-0629
[phone]
FAX: [phone]
Settlement Agreement and
Withdrawal of Petition
FOR THE TY OF SALIS
Ma ernhardt, Assistant City Manager
Date: I?IRIA 5
BROOKS, PIERCE McLENDON, HUMPHREY
& LEONARD, LLP
V. Randall Tinsley
Attorney at Law
N.C. Bar No. 14429
P.O. Box 26000
Greensboro, NC 27420
[phone]
FAX: [phone]
Page 3

Permit NC0023884
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
PERMIT
TO DISCHARGE WASTEWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
1n compliance with the provision of North Carolina General Statute 143-215-1, other lawful standards and regulations
promulgated and adopted by the North Carolina Environmental Management Commission, and the federal Water
Pollution Control Act, as amended, the
City of Salisbury
is hereby authorized to discharge wastewater from the facilities located at the
Ste•, S b� -�y-y 120.,,,-0..y. w w �T
1915 Grubb Ferry Road
&peneer Sal isbv r�
Rowan County
^� ct V% off.
T Q'CATI'Cr CC 1. 1Y
850 Heiiigtown Road
East Spencer
Rowan County
to receiving waters designated as the Yadkin River in the Yadkin -Pee Dee River Basin in accordance with
effluent limi�auons, monitoring requirements, and other conditions set forth in Parts I,11, III, and 1V
hereof.
The permir shall become effective July 1, 2002
This permit and the authorization to discharge shall expire ar midnight on July 31, 2004.
Signed this day IAIay 20, 2002.
F Gregory J. Thorpe, Acting Director
Division of Watcr Quality
By Authority of the Environmental Management Commission
EXHIBIT
a ^
s H

Pcrrnit NCO023884
SUPPLEMENT TO PERMIT COVER SHEET
The City of Salisbury is hereby authorized to:
Trot i v%
1. Continue to operate and maintain the crosung 7-5 h'IGD Grant/ Creek `W. T-Tr "wmr Treatment 1 7
consisting of
➢ Influent parshall flume
➢ Four mechanical bar screens
➢ Four grit chambers
➢ Aeration basin with mechanical floating aerators and miners
Two circular clarifiers and lino rectangular clarifiers
➢ Screw pump lift station
➢ Two aerobic digesters
➢ Belt filter press
➢ Standby power generator
➢ Effluent pump station
➢ Flow measurement instrumentation �hs'��fbvr
Thissr4leilirf is located on Grubb Ferry Road ^n Rowan County.
tr t'Y-lt _tV^eVZF
-T?— Q 1 A
2. Continue to operate and maintain the existing 5.0 MGD Town Creel: Wootevrever Treatment FiveAll
consisting of:
➢ Two mechanical bar screens
➢ Two grit and grease removal units
➢ Two aeration basins with frsed mechanical aerators and misers
i'> Two secondary clarifiers
➢ Screw pump lift station
➢ Two aerobic digesters
➢ Standby power generator
➢ Flow measurement
➢ Sludge dewarering facilities
➢ Effluent pump starion
This-&c44&�# is located on Heiligtown Road near East Spencer in Rowan County_
v►�e �}"--.f`eu� •-. `�� o r s Ch.d i V w► �• c��o c i ��
3. Continue to operate and maintain an ulrraviolet disT infection system, cascade post aerator, Parshall flume,
effluent sampb station and diffuser
Oka
4. After receiving an Authorizarion to Construct from the Division, construct and operate a 20.0 MGD
wastewater treatment system.
5. Discharge from said treatment .works at the location specified on the attached map through Ourfal] 001
into the Yadkin River which is classified as \VS-V waters in the Yadkin -Pee Dee River Basin_

! : ' �' ' �� ' V� A
� k 101
`•�Gk 1 13 IOU I — -- q3 w A V%
a X
I L'_J"llT_j\
I -
I V Ul _T77lullull- WWTP
SWIC Cridl()v3(f
El 7NW/Sali5t)ury Latitude:
35' 44'07- N
Lonziludc;
80* 26'50- w
Rrcei-;ng Stream:
Yadkin Ri,cr or2inarc Basin:
Yadkin
SITC2M CIZS5-
WS-V Sub -Basin:
03-07-04

Pcrmit NCO023884
/A-11) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (I2.5 MGD)
6.
During the period beginning on the effective date of the permit and lasting until expansion beyond 12_5 MGD, the
Pern,iuce is authorized to discharge from OUtfaU 00). Such Jtscharges shall be limited and monitored by the
Permitiec as specified below:
EFFLUENT
CHARACTERISTICS
EFFLUENT LIMITATIONS
MONITORING REQUIREMENTS
Monthly
Averse
Weekly
Averse
Daily
Maximum
Measurement
Frequency
Sample
T e
Sample
Locations
Flow
I MGD
Continuous
Recording
Effluent •
Iv. F (v a .,+
BOD, S day; 20 °C
(A riI 1 to October 31)
BOD. 5 day. 20 °C
(November I to March 31)
l5.0 mg/L
30.0 mg/L
22-5 mg(L
45.0 mg/L
Daily
Daily
Composite
Composite
Effluentit
T'^
Effluent 4
S— 'fin .
Total Suspended Solids
30.0 mg/L
45.0 mg/L
Daily
Composite
Effluent
NH3 as N
(April I to October 31)
6 0 mg/L
Daily
Composite
Effluent
NH3 as N
(November 1 to March 31)
12.0 mg/1-
Daily
Composite
Effluent
Dissolved Oxygen
Daily
Grab
Effluent
Fecal Coliform
(°eometric mean)
200/100 ml
400/100 ml
Daily
Grab
Effluent
Temperature
Daily
Grab
Effluent
pH3
Daily
Grab
Effluent
Total Residual Chlorine 428
Total Nitrogen
(NO, + NO3 + TKN)
µg/L
Daily
Weekly
Grab
Composite
Effluent
Effluent
Total Phosphorus
Weekly
Composite
Effluent
Silver
2/month
Composite
Effluent
Copper
2/month
Composite
Effluent
Cyanide
Quarterly
Grab
Effluent
Chronic Toxicity'
Quarterly
Composite
Effluent
Notes: -- — — --- - - --- - - - — - - -- — —
1. Combined Effluent from the Grant Creek and Town Creek treatment trains, except that flow, BOA, and 75S shall be sampled separately at the Town Creek
treatment train and the Grant Creek treatment train. BOD and TSS concentrations and BOD and TSS removal efficiency shall be calculated by mathematicall3
aggregating the values for the Grant Creek and Town Creek treatment trains.
2_ The daily average dissolved oxygen effluent concentration shall not be less than 5.0 mg/L.
3. The p1-1 shall not be less than 6.0 standard units nor greater than 9.0 standard units.
4- Monitoring only applies if chlorine is added to the treatment system.
S_ Chronic Toxici,_Gmit (Crriodaphnia) at 6.6 %with testing in March, unc. SeMember and December (sec A -
And must not exceed 151% of influent concentration (i.e., must achieve 85% removal).
/• �•J MGD Cr,.4,e `�' 1rmo, S.O M`� oT �Olal1'\ �/ %1VW^7
There shall be no discharge of floating solids or visible foam in other than trace amounts.

Permit NCO023884
A_ (2) EFFLUENT LIMITATIONS AND MONITORING REQUIREM ENT 5 (20 MGD)
During the period beginning after expansion beyond 12.5 MGD and lasting until expiration, the Permittee is
authorized to discharge from Otitfall 001. Such discharges shall be limited and monitored by the Permittee as
specified below:
EFFLUENT
CHARACTERISTICS
EFFLUENT LIMITATIONS
MONITORING REQUIREMENTS
Monthly
Average
Weekly
Avera a
Daily
Maximum
Measurement
FrequencyT
Sample
e
Sample Location
Flow
20 MGD
Continuous
Recording
Effluent
BOD, 5 day. 20 °C
(April 1 to October 31)
5.0 mg/L
7.5 mg/L
Daily
Composite
Influent and Effluent
BOD. 5 day, 20 °C
November 1 to March 31
10.0 mg/L
15.0 mg/L
Daily
Composite
Influent and Effluent
Total Suspended Solids
30.0 mg/L
45.0 mg&
Daily
Composite
Influent and Effluent
NH3 as N
(April t to October 31)
t_0 mg/L
Daily
Composite
Effluent
NH3 as N
(November 1 to March 3i)
2.0 mg/L
Daily
Composite
Effluent
Dissolved Oxygen2
Daily
Grab
Effluent
Fecal Colilorm
(geometric mean)
200/100 ml
4D0/100 ml
Daily
Grab
Effluent
Temperature
Daily
Grab
Effluenl
pH3
Daily
Grab
Effluent
Total Residual Chlorine'
28 pg/L
Daily
Grab
Effluent
Total Nitrogen
(NO2 + NO3 + TKN)
Weekly
Composite
Effluent
Total Phosphorus
Weekly
Composite
Effluent
Silver
2/month
Composile
Effluent
Copper
2/month
Composite
Effluent
Cyanide
Quarterly
Grab
Effluent
Chronic Toxicity5
Ouarterly
Composite
Effluent
Notes:
I. Sample locations: 1= - Combined Effluent from Grant/Creeks and Town Creck
2. The daily avcrage dissolved oxygen effluent concentration shall not be less than 5.0 mg/L_
3. The pl-I shall not be less than 6.0 standard units nor greater than 9.0 standard units_
4. Monitoring only appbes if chlorine is added to the treatment system for disinfection.
5. Chronic Toxicity limit (CrriMaphnia) ar 10.5 % with tests in Mareh,)une, September and December (see A. (7)).
There shall be no discharge of floating solids or visible foam in other than trace amounrs_

Permit NCO023884
A- (3) INSTREAM MONITORING REQUIREMENTS
EFFLUENT
CHARACTERISTICS
MONITORING REQUIREMENTS
Measurement Frequency Sample Type Sample Location
Dissolved Oxygen
June -September
October -May
3/week
1/week
Grab
Upstream & Downstream
pH
June•Seplember
October -Ma
31week
t/week
Grab
Upstream & Downstream
Temperature
June -September
October -May
31week
i/week
Grab
Upstream & Downstream -
Total Phosphorus
June -September
1/month
Grab
Upstream & Downstream
NO2 . NOs
June -September
1/month
Grab
Upstream & Downstream
NH3 as N
June -September
tlmonth
Grab
Upstream & Downstream
Total K'eldahl Nitrogen
June -September
t/month
Grab
Upstream & Downstream
Chloroph II -a
June -September
1/mon1h
Grab
Downstream
Notes:
Upstream = at least 200 feet upstream of the discharge point
Downstream = 0.7 miles above Southern Railroad Bridge -
As a participant to the Yadkin Pee -Dee River Basin Association, the instream monitoring requirements as stated above arc waived -
Should your membership in the agreement be terminated. You shall notify the Division immediately and the instream monitoring
requircments specified in your permit shall be reinstated -
As per 15A NCAC 213-OS05 (c) (4). stream sampling may be discontinued at such time as Bow conditions in the receiving waters
or extreme .weather conditions will result in a substantial risk of injury or death to persons collecting samples- In such eases, on
each day that sampling is discontinued, .written {ustificarion for the discontinuance shall be specified in the monitoring report for
the month in which the event occurred- This provision shall be stricdr construed and may not be -utilized to avoid the
requirements of 15A NCAC 213-0500 when performance of these requirements is anainablc. When sampling is discontinued
pursuant to this provision, stream sampling shall be resumed at the first opportunity, after the risk period has ended.
EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
ZISits Creek WWTP)
Beginning on the effective a of this permit and lasting until expiration, the Permi�isazed to discharge
treated wastewater from the Gra Creek WkVTP (Outfall 002) into the combined - Such discharge
shall be limited and monitored by the ittce as specified below_
EFFLUENT
EFFLUETN7 LIMITAT
MONITORING REQUIREMENTS
CHARACTERISTICS
Monthly Weekly Da'
Mebsureinenl
Sample Type
Sample Location
Average Average tmum
equcncy
Flow
7-5 MGD
Continuous
Recording
Influent or Effluent
BOD, 5-day, 200 t
Daily
Com
Influent and Eitluent
Total Suspended Soli
Daily
Composite
uent and Ellluenl
tCS.
l T ! • avers e effluent BOD5 and TSS concentrations shall not exceed I S% of the respective influent
aiue (85% remos•a1). �� ��

• Permit NCO023884
' r
A_ (5.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
(Town Creek W/WFP)
Beginning or effective date of this permit and lasting until expiration, the Permirre i uthorized to discharge
treated .wastewater the Town Creek WW7T' (Outfatl 003) into the combine charge Pipe. Such discharges
shall he hmtted and monn by the Permirree as specified bclo.v:
EFFLUENT
CI lA RA CTERISTI CS
EFFJTATIONS
-00
MONITORING REQUIREMENTS
Monthly
Average
Weeldy
Average
D
rmum
Measurement
Frequency
Sample
Type
Sample Location
Flow
5.0 MGD
Continuous
Recording
Influent or Effluent
B.OD, 5-day, 20'C t
D
Composite
Influent and Effluent
Iota! Suspended Solids?
Daily
omposile
Influent and Effluent
Notes:
I- 7- )onthly average effluent BODS and TSS concentrations shall not exceed 15% of the respec i influent
value (85% removal).
A. (6) CHRONIC TOXICITY PERMIT LIMIT (Quarterly) at 12.5 MGD
The effluent discharge shall at no time exhibit observable inhibition of reproduction or significant mortality to
Ceriodaph6a dubia at an effluent concentration of 6-6 %-
The permit holder shall perform at a minimum, quarterly monitoring using test procedures outlined in the "North
Carolina Ceriodaphn;a Chronic Effluent Bioassay Procedure," Revised February 1998, or subsequent versions or
"North Carolina Phase 11 Chronic \Vhole Effluent Toxicity Test Procedure" (Revised -February 1998) or subsequent
versions- The tests will be performed during the months of March, June, September, and December. Effluent
sampling for this resung shaU be performed at the NPDES permitted final effluent discharge below all treatment
processes -
If the test procedure performed as the first test of any single quarter results in a failure or ChV below the permit limit,
then multiple -concentration testing shall be performed at a minimum, in each of the r wo following months as ,
described in "North Carolina Phase lI Chronic Whole Effluent Toxicity Test Procedure" (Revised -February 1998) or
subsequent versions.
The chronic value for multiple concentration tests will be determined using the geometric mean of the highest
concentration having no detectable impairment of reproduction or survival and the lowest concentration that does
have a detectable impairment of reproduction or survival- The definition of "detectable impairment," collection
methods, exposure regimes, and further statistical methods are specified in the "North Carolina Chase I1 Chronic
Whole Effluent Toxicity Test Procedure" (Revised -February 1998) or subsequent versions.
AU toxicity testing results required as part of this permit condition .will be entered on the Effluent Discharge
N-loniroring Form (1\4R-1) for the months in .which tests were performed, using the parameter code TGP313 for the
pass/Fail results and THP3I3 for the Chronic Value. Additionally, D\`IQ Form AT-3 (original) is to be sent to the
following address:
Attention: NC DENR / DWQ / Environmental Sciences Branch
1621 't\1ait Service Lcnier
Raleigh, North Carolina 27699-1621
Completed Aquatic Toxicity Test Forms shall be frled .with the Environmental Sciences Branch no later ihan'30 days
after the end of the reporting period for which the report is made.
(continued on next page)