NC0063355_Permit modification_20061102

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
November 2, 2006
Mr. Michael J. Myers
Heater Utilities, Inc.
202 MacKenan Ct.
Cary, NC 27511
Alan W. Klimek, P.E. Director
Division of Water Quality
Subject: Adjudicatory Settlement / Final Permits
NPDES Permits NC0056154, NC0060593, NC0062481,ds1C0063355,'
NC0074772, NCO075205 & NCO080691
Bridgeport, Spinnaker Bay, Mallard Head, Killian's Crossroads,
Diamond Head, Alexander Island & Windemere WWTPs
Catawba, Lincoln & Iredell Counties
Dear Mr. Myers:
Subsequent to Heater Utilities, Inc.'s adjudication of the subject NPDES permits originally released in
2005, and in accordance with the terms of the Settlement Agreement established between Heater
Utilities, Inc. and the Division of Water Quality to resolve matters in dispute within the terms of the
2005 permits, we are forwarding the attached NPDES discharge permits. These permits are issued
pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of
Agreement between North Carolina and the U.S. Environmental Protection Agency dated May 9, 1994
(or as subsequently amended).
These final permits include no changes from the draft permits sent to you on August 30, 2006.
Please be advised of the following conditions within these permits that are significantly different from
those found in the currently active permits:
• Where the existing permits had monthly average limits for ammonia nitrogen, daily maximum limits
for ammonia nitrogen have been added to those permits. These limits become applicable on the
effective date of the permits.
• For each of the permits, the fecal coliform monitoring frequency during the summer months has
been set at 3 days per week..
• For each of the permits, a new section titled "Operations" has been added. Within the section are
terms calling for 1.) the installation of turbidimeters to measure effluent turbidity, with the ability to
automatically communicate to the plant operator if a reading of 10 nephelometric units or higher is
detected; 2.) installation of SCADA systems, and 3.) daily inspection of the plants' disinfection
systems and documentation of those inspections.
NorthCarolina
,%IVNIarali(J
North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone [phone] Customer Service
Internet: www.ncwatemualitv.ore Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax [phone]
An Equal Opportunity/Affirmative Action Employer-500h Recycled/10% Post Consumer Paper

Mr. Michael J. Myers
Heater Lake Norman Permit Renewals
p. 2
• A condition has been added describing forms of public notification that must be made in the event of
a discharge of untreated or undertreated wastewater from the permitted facilities.
If any parts, measurement frequencies or sampling requirements contained in this permit 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 in the form of a written petition,
conforming to Chapter 150B of the North Carolina General Statutes, and 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 pen -nits 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.
It is expected that the issuance of these pemuts resolves all matters associated with the adjudication of
the 2005 permits and thereby, all pending action within the jurisdiction of the Office of Administrative
Hearings may be withdrawn.
If you have any questions concerning these permits, please contact Bob Sledge at telephone number
[phone], extension 547.
Sincerely,
QL
ti Al' an W. Klimek, P.E.
F
cc: Central Files '
MRO — Surface Water Protection Section
NPDES Unit
Attorney General's Office — Anita LeVeaux

Permit Number: NCO063355
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
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,
Heater Utilities
is hereby authorized to discharge wastewater from a facility located at
Killian Crossroads WWTP
NCSR 1849
West of Terrell
Catawba County
to receiving waters designated as Lake Norman (Reed Creek) in the Catawba River Basin in
accordance with effluent limitations, monitoring requirements, and other conditions set forth in
Parts I, II, III and IV hereof.
This permit shall become effective December 1, 2006.
This permit and authorization to discharge shall expire at midnight on March 31, 2010:-
Signed this day November 2, 2006.
�d-Alan W. Klimek, P.E., Director
Division of Water Quality
By Authority of the Environmental Management Commission

Permit Number: NCO063355
SUPPLEMENT TO PERMIT COVER SHEET
All previous NPDES Permits issued to this facility, whether for operation or discharge are
hereby revoked. As of this permit issuance, any previously issued permit bearing this number is
no longer effective. Therefore, the exclusive authority to operate and discharge from this facility
arises under the permit conditions, requirements, terms, and provisions included herein.
Heater Utilities is hereby authorized to:
1. Continue operation of a 0.05 MGD wastewater treatment plant consisting of the
following treatment units:
• Influent surge tank w/ flow splitter box
• Bar screen
• Dual aeration basins with diffused air
• Dual secondary clarifiers
• Dual tertiary filters
• Diffused post aeration
• Tablet chlorination with contact chamber
• Tablet dechlorination
• Cascade post aeration
• Aerated sludge holding tank
Stand-by power generator
The facility is located at the Killian Crossroads WWTP, off of NCSR 1849, Catawba
County, and;
2. After receiving an Authorization to Construct, from the Division of Water Quality,
construct additional treatment facilities to handle a maximum of 0.075 MGD of
wastewater, (See Special Condition A. (1)), and;
3. Discharge treated wastewater from said treatment works at the location specified on the
attached map through outfall 001 into Lake Norman (Reed Creek), which is classified
WS-IV & B, CA waters, in the Catawba River Basin.

Latitude: 35°34'35"
NC0063 3 5 5
Facility
Y
.: £ )(,' �;%�•�`;
g
Longitude: 81001'55"
Location\iJ7
='' '
Receiving Stream: Lake Norman
Stream Class: WS-IV&B, CA
Heater Utilities
Subbasin: 30832
Killian Crossroads
NorthJI
SCALE 1:24000

Permit Number: NCO063355
A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
During the period beginning on the effective date of the permit and lasting until expiration or
expansion greater than 0.05 MGD, the Permittee is authorized to discharge treated wastewater
from outfall(s) 001. Such discharges shall be limited and monitored by the Permittee as
specified below:
Effluent'Monitoring
Characteristics;—,
Requirements
Monthly=:
Average
Daily.-
Maximum
Measurement
Frequency:
Sample....
Type
Sample
Locationl
Flow
0.05 MGD
Continuous
Recording
I or E
BOD, 5-day, 200 C
15.0 m /L
22.5 m L
Composite
E
Total Suspended Residue
30.0 m /L
45.0 m IL
_Weekly
Weekly
Composite
E
NHA
4.0 m /L
20.0 m /L
Weekly
Composite
E
Fecal Coliform (summer)2
(geometric mean
200/ 100ml
400/ 100ml
3/week
Grab
E
Fecal Coliform (winter)2
eometric mean
200/ 100ml
400/ 100ml
Weekly
Grab
E
Dissolved 0 en3
WeeklyGrab
E
H4
WeeklyGrab
E
Tem erature
Dail
Grab
E
Total Residual Chlorine
28 L
2/Week
Grab
E
Oil and Grease
30.0 m /L
60.0 m L
2/Month
Grab
E
Monthly
Composite
E
Total Nitrogen
NO2 + NO3 + TKN
Quarterly
Composite
E
IMBAS
Total Phosphorus
Quaderly
Composite
E
Dissolved Oxygen
Wee ki
Grab
U, D
Temperature
Weekly
Grab
U, D
Footnotes:
1. Sample Location: I- Influent, E —Effluent; U —Upstream at least 100 feet upstream of the
outfall; D - Downstream at the location designated on the attached map.
2. Summer is defined as April 1— October 31. Winter is defined as November I — March 31.
3. The daily average dissolved oxygen effluent concentration shall not be less than 6.0 mg/L.
4. The pH of the effluent shall not be less than 6.0 nor greater than 9.0 (on the standard units
scale).
There shall be no discharge of floating solids or visible foam in other than trace amounts.

Permit Number: NCO063355
A. (2.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
During the period beginning upon expansion greater than 0.05 MGD and lasting until expiration,
the Pennittee is authorized to discharge treated wastewater from outfall(s) 001. Such
discharges shall be limited and monitored by the Pennittee as specified below:
Effluent
Characteristics
Monitoring Requirements
Monthly
Average
9Type
Daily
Maximum
Measurement
Frequency..
Sample
T e
Sample
Location 1
Flow
0.075 MGD
Continuous
Recording
I or E
BOD, 5-day, 200C
15.0 m L
22.5 m /L
Weekly
Composite
E
Total Suspended Residue
30.0 m /L
45.0 m /L
Weekly
Composite
E
NHA
4.0 rn /L
20.0 m L
Weekly
Composite
E
Fecal Coliform (summer)2
(geometric mean
200/ 100ml
400/ 100ml
3/week
Grab
E
Fecal Coliform (winter)2
eometric mean
200/ 100ml
400/ 100ml
Weekly
Grab
E
Dissolved Oxygen3
Weekly
Grab
E
H4
Weekly
Grab
E
Temperature
Daily
Grab
E
Total Residual Chlorine
28 /L
2/Week
Grab
E
Oil and Grease
30.0 m /L
60.0 mg /L
2/Month
Grab
E
MBAS
Monthly
Composite
E
Total Nitrogen
NO2 + NO3 + TKN
Quarterly
Composite
E
Total Phosphorus
Quarterly
Composite
E
Oxygen
Weekly
Grab
U, D
[Dissolved
Tem erature
WeeklyGrab
U, D
Footnotes:
1. Sample Location: I- Influent, E —Effluent, U —Upstream at least 100 feet upstream of the
outfall; D- Downstream at the location designated on the attached map.
2. Summer is defined as April 1— October 31. Winter is defined as November 1— March 31.
3. The daily average dissolved oxygen effluent concentration shall not be less than 6.0 mg/L.
4. The pH of the effluent shall not be less than 6.0 nor greater than 9.0 (on the standard units
scale).
There shall be no discharge of floating solids or visible foam in other than trace amounts.

Permit Number: NCO063355
A. (3.) SPECIAL CONDITION — Operations
Pursuant to the terms of the Settlement Agreement established between Heater Utilities, Inc. and the
Division of Water Quality, signed on June 26, 2006, Heater Utilities, Inc. shall:
(a) Install a turbidimeter at the plant to measure turbidity in the plant effluent, and set the turbidimeter
to notify the plant operator automatically in the event that the turbidimeter records a reading of 10
nephelometric turbidity units or greater;
(b) Inspect the performance of the plant's disinfection system every weekday and maintain a log of
such inspections; and
(c) Install a Supervisory Control and Data Acquisition (SCADA) system at the plant
A. (4.) SPECIAL CONDITION — Flow Expansion Request
Concurrent with any application for an Authorization to Construct that results in an expansion of flow, the
facility shall submit an updated flow justification and permit compliance review.
a) The flow justification shall include at least the following:
I. Provide Basic Identification of the Project
N Facility name
■ County
■ Facility address
■ Facility telephone number
■ Preparer's name
■ Preparer's mailing address and telephone number
2. Provide a detailed description of the project requiring an expansion of wastewater disposal. The
wastewater flows should be calculated according to I5A NCAC 2H .0219. Demonstrate and
justify the need for flow volumes, to include any flow reductions realized through flow -
restricting devices. The use of flow -restricting or low -flow devices should be investigated.
Report findings should include flow reduction projections. Updated plat maps, a time schedule
for connection, and documentation of commitments shall be required.
3. If existing facilities will be used as part of an expansion, discuss those existing units including
present and past performance, unit capacities, and inadequacies of each. Include a schematic
with component sizes.
4. Indicate if the project will be constructed in phases. Provide the estimated wasteflow per phase.
Indicate current phase status for existing facilities and provide a schedule for constructing each
additional phase.
b) The compliance review report shall summarize the performance of the treatment works or collection
system and state the extent to which any terms of its permit, federal laws, or any State laws,
regulations or rules related to the protection of water quality have been violated.

Permit Number: NCO063355
A. (5.) SPECIAL CONDITION — Spill Notification
(a) Contacting_ Public Health Directors
The facility must notify the Iredell, Lincoln, Catawba, and Mecklenburg County Public Health Directors
within 12 hours of first knowledge by the owner/operator of any discharge of untreated wastewater to
waters of the State or a discharge from the wastewater treatment plant that has not received adequate
disinfection due to a malfunctioning treatment unit.
The County Public Health Directors can be contacted using the following information:
Catawba County Health Director
3070 1 10'Ave. Dr. S.E.
Hickory, NC 28602
828-695-5800
Lincoln County Health Director
151 Sigmon Rd.
Lincolnton, NC 28092-8643
704-736-8634
(b) Public Notification
Iredell County Health Director
318 Turnersburg Highway
Statesville, NC 28625
704-878-5302
Mecklenburg County Health Director
249 Billingsley Rd.
Charlotte, NC 28211
704-336-4700
The facility must notify the public of untreated wastewater spills. Wastewater facility owners or
operators must issue a press release after a discharge to surface waters of 1,000 gallons within 48 hours of
first knowledge of the spill by the owner/operator. The press release must be issued to "all electronic and
print news media outlets that provide general coverage in the county where the discharge occurred." A
copy of the press release must be maintained for one year by the owner/operator. This press release is
required in addition to the permit requirement of contacting the North Carolina Division of Water Quality
(DWQ).
If a discharge of 15,000 gallons or more reaches surface water, a public notice is required in addition to
the press release. The public notice must be placed in a newspaper having general circulation in the
County in which the discharge occurred and the county immediately downstream. At a minimum the
notice should be published in a newspaper of general circulation in Iredell, Lincoln, Catawba, and
Mecklenburg Counties. If a discharge of 1,000,000 gallons of wastewater or more reaches surface waters,
the DWQ regional office must be contacted to determine in what additional counties, if any, a public
notice must be published. A copy of these public notices and proof of publication must be sent to the
DWQ within 30 days of publication. The copy should be sent to the following address:
PERCS Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, NC 27699
The minimum content of the notice is the location of the discharge, estimated volume, water body
affected and steps taken to prevent future discharges.

PUBLIC NOTICE
STATE OF
NORTH CAROLINA
ENVIRONMENTAL
MANAGEMENT
COMMISSIOWNPDES UNIT
1617 MAIL SERVICE
CENTER
RALEIGH, NC 27699.1617
NOTIFICATION OF INTENT
TO ISSUE A NPDES
WASTEWATER PERMIT
On the basis of thorough staff
review and appl!cation of NC
General Statute 143.21, Pub.
lic law 92-SM and other law-
ful standards and regulations,
the North Carolina Environ-
mental Management Commis-
sion proposes to issue a Na-
tional Pollutant Dischatge
Elimination System (NPDES)
wastewater discharge permit
to IN person(s) listed below
effective 45 days from the
publish date of this notice.
Written comments regarding
the proposed permit will be
accepted until 30 days after
the publish date of this notice.
All comments received prior
to that date are considered in
the final determinations re-
ga
Thrding the proposed permit.
e Director for the NC Divi-
slon of Water Quality may de-
cide to hold a public meeting
for the proposed permit
should the Division receive a
significant degree of public in-
terest.
Copies of the draft permit and
other supporting Information
on Rio used to determine con-
ditions present in the draft
permit are available upon re-
quest and payment of the
costs of reproduction. Mail
comments and/or requests
for information to the NC D1vI-
sion of Water Quality at the
above address or call the
Pant Source Branch at (919)
733-6083, extension 363 or
350. Please Include the
NPDES permit number (attar-
hed) in any communication.
Interested persons may also
visit the Division of Water
Quality at 512 N. Salisburyry
Street, Raleigh, NC 27604-
1148 between the hours of
8:00a.m. and 5:00p.m. to re.
view Information on file.
NPDES permit NC0060593,
Heater Ut€ hies, Inc., (Spinma.
ker Bay Condominiums) PO
I Drawer 4889, Cary, NC
27519 has applied for renew-
al for a facility located in Cat.
awba County. This permitted
facility discharges treated
wastewater to Lake Norman
Mountain Creek Arm) in the
Catawba River Basin. Cur -
Willy CSOO and ammonia oi-
troaen are water quality
limited. This discharge may
affect future allocations In this
portion of the watershed. The
terms of this permit have
been modified from those
contained in he one placed at
`. public notice In 2005.
Heater Utilities, Inc. (PO
Drawer 4889, Cary NC
27519 has applied for renew.
al of PDES permit NC
0063365 for the IGlten Cross.
roads WWTP in Catawba
County . This permitted facility
discharges treated wastewa.
! ter to Lake Norman (Reed
Creek) in may affect future al.
Iocatlon in this portion of the
Catawba River Basin. The
terms of the permit has been
modified from those contained
In the one placed at public no.
tice in 2005.
PUBLISH: September 12,
2006
24339
NORTH CAROLINA
CATAWBA COUNTY
Q1id�Ile (mFfe
being first duly sworn, says: That he or
she is . .. , 1�T i .................... �'�of the
Hickory Daily Record, a newspaper pub-
lished at Hickory, North Carolina; that in
the issues of the said newspaper for the
following days, to wit:
there appeared ...... & / ............... spaced
lines of advertising as per attached named
advertiser:
The Hickory Daily Record is a qualified news-
paper within the meaning of section 1-597 of the
'ene 1 Statutes of N. C.
Affiant
O�t,S1A MCx/ ' AOS_Worn to and subscribed before me,
T' ; thit . •� kO Ag s day of
y� � w
MO
a
. ,.
Notary HC
My Commission Expires
9'"A. _ ....
......... , 20.1.0.

Y
r_
—i
MEMORANDUM
To: Britt Setzer
Michael F. Easley, Govemor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
August 30, 2006
NC DENR / DEH / Regional Engineer
Mooresville Regional Office
From: Bob Sledge u314
NPDES Western Unit
Subject: Review of Draft NPDES Permit NCO063355
Heater Utilities, Inc. — Killian Crossroads W WTP
Catawba County
Alan W. Klimek, P.E. Director
Division of Water Quality
Pubho watee rruF,Vry
Please indicate below your agency's position or viewpoint on the draft permit and return this form by
October 2, 2006. If you have any questions about the draft permit, please contact me at (919) 733-
5083, extension 547, or via e-mail at [e-mail].
RESPONSE: (Check one)
Concur with the issuance of this permit provided the facility is operated and maintained properly,
the stated effluent limits are met prior to discharge, and the discharge does not contravene the
designated water quality standards.
❑ Concurs with issuance of the above permit, provided the following conditions are met:
1-1 Opposes the issuance of the above permit, based on reasons stated below, or attached:
attachment
cc: NPDES Permit File
tCarolina
VAtriallb,
North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone [phone]
Internet: www.ncwaterqualitv.ors Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax [phone]
An Equal Opportunity/Affirmative Action Employer —50% Recycledfl0% Post Consumer Paper
Customer Service
1-877-623-6748

STATE OF NORTH CAROLINA
COUNTY OF IREDELL
COUNTY OF CATAWBA
IN THE OFFICE OF
ADMINISTRATIVE HEARINGS
Nos. 05 EHR 1172, 05 EHR 0944,
05 EHR 9452 05 EHR 0946,05 EHR 0947,
05 EHR 0943 and 05 EHR 1173
HEATER UTILITIES, INC. )
NPDES NC0060593, NC0056154, )
NC 0062481, NC006335, NC0074772, )
NCO075205 and NC0080691, )
Petitioner, )
V. )
-
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT and NATURAL ) fl j Ojr WATER
RESOURCES, DIVISION OF WATERS 94ALI
QUALITY, )�
Respondent. )
SETTLEMENT AGREEMENT
The North Carolina Division of Water Quality ("DWQ") of the Department of
Environment and Natural Resources, under authority delegated by the North Carolina
Environmental Commission ("EMC"), and Heater Utilities, Inc. ("Heater"), hereby enter into this
Settlement Agreement ("Agreement") in order to amicably resolve the matters in controversy
between them regarding the above -captioned contested cases.
PROCEDURAL BACKGROUND
1. On June 14, 2005, Heater filed five petitions, 05 EHR 0943, 05 EHR 0944,
05 EHR 09451, 05 EHR 0946 and 05 EHR 0947, for contested case hearing in the Office of
Administrative Hearings ("OAH") to appeal certain terms, conditions, and limitations contained

in NPDES permits issued by DWQ to Heater for five wastewater treatment facilities in Catawba
and Iredell counties.
2. On July 18, 2005, the Court granted the Heater's consent motion to consolidate
the five petitions for contested case hearing.
3. On July 25, 2005, Heater filed two additional petitions for contested case hearing
to appeal certain terms, conditions, and limitations contained in additional NPDES permits
issued by DWQ to Heater for two wastewater treatment facilities in Catawba and Iredell. counties
by DENR.
4. On August 3, 2005, the Court issued an order consolidating case numbers 05 EHR
1172 and 05 EHR 1173.
5. On August 26, 2005, Heater filed a motion to consolidate cases 05 EHR 1172 and
05 EHR 1173 with the five previously consolidated cases so that all of the seven cases could be
considered together.
6. On September 12, 2005, the Court granted the parties Consent Motion to Stay
Proceedings to allow the parties to pursue settlement negotiations.
7. As stated in N.C. Gen. Stat. § 150B-22, it is the public policy of the State of North
Carolina to resolve administrative disputes informally whenever possible.
AGREEMENT
8. DWQ will withdraw the most recently issued versions of the NPDES permits
("the Contested Permits") for Heater's Alexander Island, Bridgeport, Diamond Head, Killian
Crossroads, Mallard Head, Spinnaker Bay and Windemere wastewater treatment plants ("the
Lake Norman Plants") (Permit Numbers NC0075205, NC0056154, NC0074772, NC0063355,
NCO06248 I, NC0060593, and NC0080691) respectively.

I
� A '
9. Heater shall be authorized to continue operating the Lake Norman Plants pursuant to
the terms of the permits in effect for the Lake Norman Plants immediately prior to the issuance of
the Contested Permits, until final new permits for the Lake Norman Plants are issued by DWQ.
DWQ shall prepare a new draft NPDES permit for each of the Lake Norman Plants that contains
the following conditions:
(a) a requirement that Heater (i) install a turbidimeter at the plant to measure
turbidity in the plant effluent, and (ii) set the turbidimeter to notify the plant operator
automatically in the event that the turbidimeter records a reading of 10 nephelometric . turbidity
units or greater;
(b) a requirement that Heater inspect the performance of the plant's disinfection
system every weekday and maintain a log of such inspections;
(c) a requirement that Heater sample and analyze plant effluent for fecal coliform
three times per week;
(d) for the Bridgeport, Diamond Head, Mallard Head, and Spinnaker Bay plants,
a requirement that Heater install Supervisory Control and Data Acquisition ("SCADA") systems
on or before May 26, 2006; and
(e) for the Windemere, Killian Crossroads and Alexander Island plants, a
requirement that Heater install SCADA systems on or before July 3, 2006.
10. The new draft NPDES permits for the Lake Norman Plants shall not contain a
requirement that Heater perform fecal coliform sampling and analysis more than three day week.
Except as provided herein, and with the exception of any necessary clerical corrections, the new
draft NPDES permits for the Lake Norman Plants shall be identical to the Contested Permits.

11. DWQ shall provide the public with notice of, and an opportunity to comment on,
the new draft NPDES permits for the Lake Norman Plants in accordance with standard DWQ
procedures.
12. Within 10 days following receipt of notice from DWQ of the issuance of the new
draft NPDES permits for the Lake Norman Plants, Heater will withdraw its petitions for contested
case hearing in all matters covered by this Agreement.
13. Heater and DWQ expressly stipulate and acknowledge that by entering into this
Agreement, Heater neither admits nor denies any allegations which were involved in these
contested cases.
14. This Agreement is entered into knowingly, intelligently, and voluntarily and shall
be binding upon the parties and their successors, assigns, parents, affiliates and subsidiaries upon
execution by the undersigned, who represent and warrant that they are authorized to enter into
this Agreement on behalf of the parties hereto.
15. The parties agree that the consideration for this settlement is the promises
contained herein and this Agreement contains the whole agreement between them as to the
matters addressed herein.

Entered into and effective this the -/, day of ,� �.� , 2006.
HE)
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF 'WATER QUALITY
By: dw�� P". -
Alan Klimek, Director