NC0065684_Permit Modification_19920729

State of North Carolina
Department of Environment, Health and Natural Resources
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor
William W. Cobey, Jr., Secretary
July 29, 1992
Mr. Samuel H. Long, III
Long, Cloer and Elliott
Attorneys and Counselors at Law
P. O. Box 3827
Hickory, NC 28603-3827
A. Preston Howard, Jr., P.E.
Acting Director
Subject: Modifications to the NPDES Permits
NCO063789 Mecklenburg County
NCO060593 Catawba County
NCO065587 Forsyth County
NCO065773 Mecklenburg County
N00056154 Iredell County
NCO065684 Union County
Dear Mr. Long:
The Division of Environmental Management has modified the subject permits in accordance with
the agreement outlined in our letter to you dated May 28, 1992. The modification for each permit is the
deletion of the language:
"the permittee shall promptly connect to an operational publicly owned wastewater collection
system within 180 days of its availability to this site, if the facility is in non-compliance with its
effluent limitations for three consecutive months."
Subsequently, the following language was subsituted:
"in the event that the wastewater treatment facility is in substantial non-compliance for three
consecutive months with the effluent discharge conditions of this NPDES Permit, the permittee
shall, upon demand of the Division, conduct a study evaluating all available wastewater disposal
alternatives and the permittee shall, within sixty days of notification by the Division, submit a
report in such form and detail as required by the Division evaluating these alternatives with respect
to environmental soundness and cost effectiveness."
Regional Offices
Asheville Fayetteville Mooresville Raleigh Washington Wilmington Winston-Salem
704/251-6208 919/486-1541 704/663-1699 919/571-4700 919/946-6481 919/395-3900 919/896-7007
Pollution Prevention Pays
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone]
An Equal Opportunity Affirmative Action Employer

Mr. Samuel H. Long, III
July 29, 1992
Page 2
Attached please find the corrected pages for the subject NPDES permits. The original special
conditions which contained the old language should be discarded and replaced with the attached pages for
each permit. All other conditions, limits, and requirements of these NPDES permits will remain the same.
This action should resolve the contested case No. 91EHNR0174.
If you have questions regarding this correction, please contact me at [phone].
XSin,
A. Preston H14 4ar P.E.
Acting Director
cc: Mid South Water Systems, Inc.
Mooresville Regional Office
Winston-Salem Regional Office
Permits and Engineering
Cental Files

Part III
Permit No. NCO065684
D. If this facility is built in phases, plans and specifications for the next phase shall be submitted
when the flow to the existing units reaches 80% of the design capacity of the facilities on line. At
no time may the flow tributary to the facility exceed the design capacity of the existing units.
E. In the event that the wastewater treatment facility is in substantial non-compliance for three
consecutive months with the effluent discharge conditions of this NPDES Permit, the permittee
shall, upon demand of the Division, conduct a study evaluating all available wastewater disposal
alternatives and the permittee shall, within sixty days of notification by the Division, submit a
report in such form and detail as required by the Division evaluating these alternatives with respect
to environmental soundness and cost effectiveness.

rge;x SfA1('o --,
State of North Carolina
Department of Environment, Health and Natural Resources
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor
William W. Cobey, Jr., Secretary
July 28, 1992
MEMORANDUM:
TO: Don Safrit
FROM: John C. Hunte,,�`
SUBJECT: MidSouth Settlement Agreement
91 EHR 0174
NPDES # NCO065684
John C. Hunter
General Counsel
Office of General Counsel
Attached is a copy of the signed settlement agreement in the
above case. This should settle this case completely, and allow
you to send out the modification letters on the other permits.
Attachment
P.O. Box 27697, Raleigh, North Carolina 276II-7697 Telephone [phone]
An Equal Opportunity Affirmative Action Employer

STATE OF NORTH CAROLINA IN THE OFFICE OF
ADMINISTRATIVE HEARINGS
COUNTY OF UNION 91 EHR 0174
MID SOUTH WATER SYSTEMS, INC.
Petitioner
SETTLEMENT AGREEMENT
i
V '�.`�
N.C. DEPARTMENT OF ENVIRONMENT, HEALTH ) �� i;; t►
AND NATURAL RESOURCES; DIVISION OF )CD
ENVIRONMENTAL MANAGEMENT
Respondent )
The North Carolina Division of Environmental Management
Health and
(hereinafter DEM ) of the Department of
Natural Resources (hereinafter Department) and Mid South Water
Systems, Inc. (hereinafter Mid South) hereby enterinto
this
settlement agreement in order toamocably NCGS resolve
150B-31(b).
controversy between them pursuant
matter arose out of the issuance of NPDES Permit # NC0065684
This m 1991,
to Mid South on January 22, 1991, by DEM. On February 20,
Mid South timely petitioned for an administrative contested case
hearing in this matter. In their petition Mid South expressly
contested the inclusion in the above permit of the condition and
language set forth in paragraph E of part III of that permit
which reads:
"thepermittee shall promptly connect to an operational
peratio 0ldays
publicly owned wastewater collection system
within of its availability to this site, if the facility is in
non-compliance with its permit effluent limitations for
three consecutive months.
The parties now desire to settle this contested case without
further litigation, without adjudication of any the issues
presented and without admission by any of them.
Therefore, the parties, intending to be legally
bound, agree to
the terms of this settlement agreement as set
forth below:
1. The language and condition as set forth i NPDESissued onermit
# NC0065684, paragraph
hereby part III, as
January 22, 1991, Y deletedfrom that NPDES
Permit.
2. Paragraph E of part III of NPDES Permit # NCO065684
shall now read as follows:

"in the event that the wastewater
treatment facility is in substantial
non-compliance for three consecutive
months with the effluent discharge
conditions of this NPDES Permit, the
permittee shall, upon demand of the
Division, conduct a study evaluating all
available wastewater disposal
alternatives and the permittee shall,
within sixty days of notification by the
Division, submit a report in such form
and detail as required by the Division
evaluating these alternatives with
respect to environmental soundness and
cost' of fectiveness . "
3. All other conditions, limitations and provisions of
NPDES Permit # NCO065684 as issued onJanuary
22,
1991, shall remain in full force effect.
For the Division of Environmental
Management-f
1
Ll�r-e�.t-o� .4cri�G 1�it�rae
Date: 7-17 9Z
For Mid South Water
Systems, Inc.:
6s
ZOO
Mary S. Weber, (Z
vice -President
Date: ZZ

I I IF
STArf
7 s
State of North Carolina
Department of Environment, Health and Natural Resources
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin,. Governor
William W. Cobey, Jr., Secretary June 169 1992
John C. Hunter
General Counsel
Office of General Counsel
Mr. Sam Long
Long, Cloer and Elliott '
Attorneys and Counsellors at Law
1 J
P. 0. Drawer 3827 c._.
Hickory, North Carolina 28603-3827
�r
Re: Settlement Agreement in 91 ENHR 0174.
Dear Sam:
1992, concerning N
Thank you for your letter of June 1, g the water supply fees
and fines. I regret that this matter could not be resolved short of your-=
having to file Petitions For a Contested Case Hearing in these matters. I
hope, however, that these matters can be resolved short of actual litigation.
As you know, in a letter dated May 28, 1992, the Department agreed to the
modification of seven NPDES permits issued to Mid South Water h a settlementSystems.
agreement
0174 involving modifications were made to reflect ebasic e
rms of reached between us in 91 EHNR g NPDES permit # NC0065684. I
insured that the Director included language in that letter which indicated
that the language deleted by these modifications would not appear in future
Mid South Water Systems NPDES permits. Having done this, I now request that
Mid South execute the original settlement agreement reached in 91 EHNR 0174.
An original copy of that final agreement is enclosed for your signature. I
believe that this settlement agreement, coupled with the May 28, 1992, letter
from DEM should satisfy your client's concerns, and I hope we can now bring
this case and issue to a close.
If I can be of any further assistance please don't hesitate to contact me.
Sincerely,
John C. Hunter
JCH/jwt
Enclosure
cc: Don Safrit
Steve Tedder
Betsy Rouse
w
hrrl-
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Fmial Onnnminity Affirmative Action Emplover

JU'd 2, 7
June 8, 1992
Dr. George T. Everett
State of North Carolina
Department of Environment,
Health and Natural Resources
Department of Environmental Management
512 North Salisbury Street
Raleigh, North Carolina 27611
IN RE: NPDES Permit No.
NPDES Permit No.
NPDES Permit No.
NPDES Permit No.
NPDES Permit No.
NPDES Permit No.
Dear Dr. Everett:
12
JUN 15 TV �D4ANt.
DIV. or
�REG o0F c pFF GE
u
NCO060593
NCO063789
NC0065773i
NCO056154e
NC0065749:.
NCO065587
e I ...
JUN 16 19;e
`NATE,R IQUALITY
SECTION
I am in receipt of your letter of May 28, 1992 with respect to
the above -referenced matters.
I appreciate your willingness to modify the above -referenced
permits given the settlement which was reached in 91 EHNR
0174. It was not my understanding that -my client would be
required to pay any fees in order to secure the removal from
those permits of language which should not have been there in
the first place. As you have acknowledged in your letter, it
was clearly a part of the settlement agreement which we
reached in 91 EHNR 0174 that the above -referenced permits
would be modified as requested in my March 31, 1992 letter.
At no time during those settlement discussions was any mention
of any fees made either by you or Mr. Hunter. Accordingly, I
trust that your Division will proceed to modify or reissue the
above -referenced permits in accordance with our agreement and
without my client having to pay an additional $300.00 in order
to secure those modifications which expense would be on top of
the legal expenses and other charges which my client has
already had to incur in connection with this case.
With respect to the Division's policy on this matter in the
future, it was my clear understanding from the settlement
conference between you, Mr. Hunter, and myself, that the
Division had initiated or was going to initiate some rule
making procedure which would give companies such as my client
an opportunity to comment on whatever permit conditions the
Division purposes to include in new or renewed NPDES permits
O
Attorneys & Counsellors At law
Samuel H. Long,1H
Stewart L. Cloer'
` I Bryan Man
Beverly D. Teague
of Counsel
Austin M. Allmn, II
Suite 410
The Branch Banking
& Trust Plaza
34 2nd Street N.W.
Please Reply To:
Post Office Box 3827
Hickory, North Carolina
28803-3827
761ephone: [phone]
FAX: [phone]
'Also licensed in New York
LL.M in 7hrahm
Unless otherwiw agreed in writing,
the partnership reserves the right to
designate the individual to perform
the services in each instance.

Dr. George T. Everett
June 8, 1992
Page 2
in the future. Mr. Hunter has provided me with the text of
one set of proposed rule changes but the same do not appear to
deal with the issues which I raised in 91 EHNR 0174.
It was my understanding that you acknowledged during our
settlement conference that, as a practical matter, your
Division was imposing conditions on NPDES permits without
having gone through any appropriate rule making procedures
prior to the administrative imposition of these new
conditions. It was also my understanding that you acknowledged
that the Division should have undertaken a rule making
procedure prior to imposing such conditions and that such a
rule making procedure had been or would be initiated. Please
advise me as to whether such a rule making proceeding is
underway and, if so, its status within that process and how I
might make appropriate comments to the Division and to the
Environment Management Commission. In the meantime, I trust
that the Division will not again attempt to impose conditions
upon NDPES permits which are not justified by having gone
through the appropriate rule making process.
Thank you for attention to this letter. I look forward to
hearing from you.
Sincerely,
LONG, CLOER, and ELLIOTT
d--
Samuel H. Long, III
SHL/jli
cc: Mr. John C. Hunter
Mr. Steve W. Tedder
Ms. Betsy Rouse Mosley
Mr. Carroll Weber
WEIIIOTT
Attorneys & Counsellors At Law

State of North Carolina
Department of Environment, Health and Natural Resources
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor George T. Everett, Ph.D.
William W. Cobey, Jr., Secretary Director
May 28, 1992
Mr. Samuel H. Long, III
Long, Cloer and Elliott
Attorneys and Counselors at Law
Post Office Box 3827
Hickory, North Carolina 28603-3827
Dear Mr. Long:
Subject: NPDES Permit No. NCO060593
NPDES Permit No. NCO063789
NPDES Permit No. NCO065773
NPDES Permit No. NCO056154
NPDES Permit No. NCO065749
NPDES Permit No. NCO065587
The Division of Environmental Management has received and reviewed your request dated March
31, 1992, submitted on behalf of Mid South Water Systems.
In light of the settlement reached in 91 EHNR 0174 involving NPDES Permit No. NCO065684 the
Division is willing to modify the above listed NPDES permits during their current term as requested in
your March 31, 1992, request. Permit No. NCO065749 issued March 2, 1992, and petitioned on March 26,
1992 (92 EHR 0336), will be modified to incorporate the agreed upon language regarding the POTW
condition.
The Division does not intend to include in any future permits issued to Mid South Water Systems
the conditions to be deleted from the above listed permits or similar language requiring the connection to
regional collection systems. It will be the Division's policy in the future, however, to place in all NPDES
permits, whether new or renewal, a condition relating to the analysis of alternative waste treatment methods.
The specific language for that condition is still under consideration.
As explained earlier, we are willing to make the suggested changes. The minor modifications will
require individual $50.00 permit modification processing fees and we do not plan to public notice the
proposed changes and reissuance should be prompt.
If you have any questions regarding this matter, please contact Mr. John C. Hunter, General
Counsel at [phone] or Mr. Steve W. Tedder, Chief of the Water Quality Section at [phone].
cc: Mr. John C. Hunter
Mr. Steve W. Tedder
Ms. Betsy Rouse
Regional Offices
Asheville Fayetteville Mooresville Raleigh Washington Wilmington Winston-Salem
704/251-6208 919/486-1541 704/663-1699 9191733-2314 919/946-6481 919/395-3900 919/896-7007
PoUudon Prevention Pays
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone]
An Equal Opportunity Affirmative Action Employer

Fla n,
NP r~i
3w r'w L- ns.
State of North Carolina
Department of Environment, Health and Natural Resources
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin,- Governor
William W. Cobey, Jr., Secretary June 16, 1992
John C. Hunter
General Counsel
Office of General Counsel
Mr. Sam Long
Long, Cloer and Elliott
Attorneys and Counsellors at Law �a 1-1
ry
P. 0. Drawer 3827 C—
Hickory, North Carolina 28603-3827 =1
u'�r1
Re: Settlement Agreement in 91 ENHR 0174. Q' "r?P1°' ml
--
-� - m c
Dear Sam:
Thank you for your letter of June 1, 1992, concerning the water supply feesN
r�
and fines. I regret that this matter could not be resolved short of yours
having to file Petitions For a Contested Case Hearing in these matters. I
hope, however, that these matters can be resolved short of actual litigation.
As you know, in a letter dated May 28, 1992, the Department agreed to the
modification of seven NPDES permits issued to Mid South Water Systems. These
modifications were made to reflect the basic terms of the settlement agreement
reached between us in 91 EHNR 0174 involving NPDES permit # NC0065684. I
insured that the Director included language in that letter which indicated
that the language deleted by these modifications would not appear in future
Mid South Water Systems NPDES permits. Having done this, I now request that
Mid South execute the original settlement agreement reached in 91 EHNR 0174.
An original copy of that final agreement is enclosed for your signature. I
believe that this settlement agreement, coupled with the May 28, 1992, letter
from DEM should satisfy your client's concerns, and I hope we can now bring
this case and issue to a close.
If I can be of any further assistance please don't hesitate to contact me.
Sincerely,
V " "A (1'14ZAI�
John C. Hunter
JCH/jwt
Enclosure
cc: Don Safrit
Steve Tedder
Betsy Rouse
P.O. Box 27687, Raleigh, North Carolina 27611-7697 Telephone [phone]
An Enual Onnommim Affirmative Action Employer

STATE OF NORTH CAROLINA IN THE OFFICE OF
ADMINISTRATIVE HEARINGS
COUNTY OF UNION 91 EHR 0174
MID SOUTH WATER SYSTEMS, INC. )
Petitioner )
)
V. ) SETTLEMENT AGREEMENT
)
N.C. DEPARTMENT OF ENVIRONMENT, HEALTH )
AND NATURAL RESOURCES-, DIVISION OF )
ENVIRONMENTAL MANAGEMENT )
Respondent )
The North Carolina Division of Environmental Management
(hereinafter DEM) of the Department of Environment, Health and
Natural Resources (hereinafter Department) and Mid South Water
Systems, Inc. (hereinafter Mid South) hereby enter into this
settlement agreement in order to amicably resolve matters in
controversy between them pursuant to NCGS 150B-31(b).
This matter arose out of the issuance of NPDES Permit # NC0065684
to Mid South on January 22, 1991, by DEM. On February 20, 1991,
Mid South timely petitioned for an administrative contested case
hearing in this matter. In their petition Mid South expressly
contested the inclusion in the above permit of the condition and
language set forth in paragraph E of part III of that permit
which reads:
"the permittee shall promptly connect to an operational
publicly owned wastewater collection system within 180 days
of its availability to this site, if the facility is in
non-compliance with its permit effluent limitations for
three consecutive months.
The parties now desire to settle this contested case without
further litigation, without adjudication of any the issues
presented and without admission by any of them.
Therefore, the parties, intending to be legally bound, agree to
the terms of this settlement agreement as set forth below:
1. The language and condition as set forth in NPDES Permit
# NC0065684, paragraph E of part III, as issued on
January 22, 1991, is hereby deleted from that NPDES
Permit.
2. Paragraph E of part III of NPDES Permit # NC0065684
shall now read as follows:

"in the event that the wastewater
treatment facility is in substantial
non-compliance for three consecutive
months with the effluent discharge
conditions of this NPDES Permit, the
permittee shall, upon demand of the
Division, conduct a study evaluating all
available wastewater disposal
alternatives and the permittee shall,
within sixty days of notification by the
Division, submit a report in such form
and detail as required by the Division
evaluating these alternatives with
respect to environmental soundness and
cost effectiveness."
3. All other conditions, limitations and provisions of
NPDES Permit # NCO065684 as issued on January 22,
1991, shall remain in full force and effect.
For the Division of Environmental For Mid South Water
Management: Systems, Inc.:
George T. Everett,
Director
Mary S. Weber,
vice -President
Date: Date:

Proposed
The permittee shall continuously evaluate all wastewater
disposal alternatives and pursue the most environmentally
sound alternative of the reasonably cost effective alternatives.
If the facility is in substantial non-compliance with the terms
and conditions of the NPDES permit or governing rules,
regulations or laws, the permittee shall submit a report in such
form and detail as required by the Division evaluating these
alternatives and a plan of action within sixty (60) days of
notification by the Division.
I ccj� 4,;z- r

Version I
The permittee shall continuously evaluate all wastewater
disposal alternatives and pursue the most environmentally
sound alternative of the reasonably cost effective alternatives.
If the facility is in substantial non-compliance with the terms
and conditions of the NPDES permit or governing rules,
regulations or laws, the permittee shall submit a report in such
form and detail as required by the Division evaluating these
alternatives and a plan of action within sixty (60) days of
notification by the Division.
Version II
If the facility is in substantial non-compliance, as determined by
the Division, with the terms and conditions of an NPDES
permit, governing rules, regulations or laws, the permittee
shall, within sixty (60) days of notification by the Division,
submit a report and a plan of action in such form and detail as
required by the Division evaluating all wastewater disposal
alternatives.
Original Version I
If the facility is in substantial non-compliance, as determined by
the Division, with the terms and conditions of an - fie NPDES
permit -er governing rules, regulations or laws, the permittee
shall submit a report and a plan of action in such form and
detail as required by the Division evaluating all wastewater
disposal alternatives these alternaHves

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DIVISION OF ENVIRONMENTAL MANAGEMENT
July 16, 1991
MEMORANDUM
TO: Dan McLawhorn
FROM: Steve W. Tedde
SUBJECT: NPDES Permit Conditions and Contested Cases
For several years NPDES permits have been issued with conditions fomandatory connection
to POTWs if available to the proximity to the permittee`s site. The follows g are three examples
of the language incorporated into these conditions.
1 ) The permittee shall properly connect to an operational publicly owned wastewater
collection system within 180 days of its availability to the site. (This was an `early
version that has now been modified to #3 below, but is in numerous effective permits.)
2 ) The permittee shall properly connect to an operational publicly owned wastewater
collection system within 180 days of its availability to the site if the facility is in
noncompliance with its permit effluent limitations for three consecutive months. (This
also was early version that has been modified to #3 below, but is in numerous existing
permits.)
3 ) The permittee shall properly connect to an operational publicly owned wastewater
collection system within 180 days of its availability to the site if the facility is in
noncompliance with any terms and conditions of the NPDES permit or governing rules.
regulations and laws. (Current version being used.)
Over the past year we have had several adjudications of this condition. Utilities especially
have expressed concern for this condition.
This memorandum is to request an evaluation of the legality of these conditions and any
suggestions for improvement. Naturally, if legally supportable, I would like to keep such a
condition in permits or similar version, but only if your staff agrees in its legality.
Also there appears to be multiple opinions relating to contested permits. If a permittee
adjudicates or contests a permit, either discharge or non -discharge, is the entire permit stave:,
or just those specific parts or the permit addressed by the contested action?
Your evaluation and response to ooth ssues whi oe oreatr,,
zc: Georoe Eve'et:

Part III
Permit No. NC0062804
D. The Division of Environmental Management has reclassified the Northeast Cape Fear River
from Class "C-Swamp" waters to class 'B-Swamp" waters. Ammons NorthChase Corporation
shall have a standby power system.
E. If this facility is built in phases, plans and specifications for the next phase shall be submitted
when the flow to the existing units reaches 80% of the design capacity of the facilities on line. At
no time may the flow tributary to the facility exceed the design capacity of the existing units.
F. POTW Connection Condition
The permittee shall properly connect to an operational publicly owned wastewater collection
system within 180 days of its availability to the site. A
0—�Ob

F. The permittee shall properly connect to an operational publicly owned wastewater collection
✓ system within 180 days of its availability to the site, if the facility is in noncompliance with its
permit effluent limitations for three consecutive months.
G. If this facility is built in phases, plans and specifications for the next phase shall be submitted
when the flow to the existing units reaches 80% of the design capacity of the facilities on line. At
no time may the flow tributary to the facility exceed the design capacity of the existing units.

. l
Part III
D. Division Statement of Concern
Permit No. NCO062383
Advance levels of eutrophication have been observed in Lake Wylie by the states of North Carolina
and South Carolina. In recognition of this problem, the Division reserves the right to reopen this
permit to add effluent limits upon designation of Lake Wylie as Nutrient Sensitive Waters (NSW)
or if deemed appropriate by the Division (or Environmental Management Commision) based on
further water quality analysis.
E. POTW Connection Condition
The permittee shall properly connect to an operational publicly owned wastewater collection
system within 180 days of its availability to the site, if the facility is in noncompliance with any
terms and conditions of the NPDES permit or governing rules, regulations and laws.
', ``
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