NC0075205_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, NC0063355,
NC0074772, NC0075205k& 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.
No�`
�hCarolina
tura/!y
North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone [phone] Customer Service
Internet: www.ncwatcmualitv.or¢ Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax [phone]
An Equal Opportunity/Affirmative Action Employer -50%Recyded/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 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.
It is expected that the issuance of these permits 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,
tin- Alan W. Klimek, P.E.
cc: Central Files
MRO - Surface Water Protection Section
NPDES Unit `i
Attorney General's Office - Anita LeVeaux

Permit NCO075205
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, Inc.
is hereby authorized to discharge wastewater from a facility located at the
Alexander Island WWTP
NCSR 1102
Lake Norman
Iredell County
to receiving waters designated as Lake Norman (Catawba River) 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.
00-- Alan W. Klimek, P.E., Director
Division of Water Quality
By Authority of the Environmental Management Commission

Permit NCO075205
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, Inc., is hereby authorized to:
1. Continue to operate an existing 0.015 MGD wastewater treatment system that
includes the following components:
➢ Equalization tank
➢ Flow splitter box
➢ Parallel extended aeration package plants, each with aeration and clarification
➢ Dual tertiary sand filters
➢ Aerated sludge holding tank
➢ Chlorine contact chamber with tablet disinfection
➢ Dechlorination facilities
➢ Post -aeration
This wastewater treatment system is located at the Alexander Island WWTP on
NCSR 1102 near Lake Norman in Iredell County.
2. Discharge at the location specified on the attached map into Lake Norman
(Catawba River), classified WS-IV & B CA waters in the Catawba River Basin.

n-V
0

Permit NCO075205
A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS — FINAL
During the period beginning on the effective date of the permit 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
LIMITS
MONITORING REQUIREMENTS_
Monthly
Average
Daily
Maximum
Measurement
Frequency
Sample Type
Sample Location
Flow
0.015 MGD
Weekly
Instantaneous
Influent or Effluent
BOD, 5 day (202C)
30.0 mg/L
45.0 mg/L
Weekly
Grab
Effluent
Total Suspended Residue
30.0 mg/L
45.0 mg/L
Weekly
Grab
Effluent
NHs as N
Weekly
Grab
Effluent
Dissolved Oxygenl
Weekly
Grab
Effluent
Fecal Coliform (geometric mean)
ril 1- October 31
200 / 100 mi
400 / 100 ml
3NVeek
Grab
Effluent
Fecal Coliform (geometric mean)
November 1- March 31
200 / 100 ml
400 / 100 ml
Weekly
Grab
Effluent
Total Residual Chlorine
28 µg/L
2/Week
Grab
Effluent
Temperature
Daily
Grab
Effluent
pH2
Weekly
Grab
Effluent
Footnotes:
1. The daily average dissolved oxygen effluent concentration shall not be less than 5.0 mg/L.
2. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units.
There shall be no discharge of floating solids or visible foam in other than trace amounts.

Permit NC0075205
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 - Spill Notification
(a) Contacting Public Health Directors
The facility must notify the Iredell, Lincoln 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:
Iredell County Health Director
318 Turnersburg Highway
Statesville, NC 28625
704-878-5302
Lincoln County Health Director
151 Sigmon Road
Lincolnton, NC 28092-8643
704-736-8634
(b) Public Notification
Mecklenburg County Health Director
249 Billingsley Road
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).

Permit NC0075205
A. (4.) SPECIAL CONDITION - Spill Notification, continued
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 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.

STATE OF
p" NORTH CAROtlNA ', �.
�.775-/
NORTH CAROLINA
IREDELL COUNTY
AFFIDAVIT OF PUBLICATION
Before the undersigned, a Notary Public of Catawba County,
North Carolina, duly commissioned, qualified, and authorized
by law, to administer oaths, in said County and State; that hat
she is authorized to make this affidavit and sworn statement;
that the notice or other legal advertisement, a true copy of
which is attached hereto, was published in the
Statesville Record and Landmark
on a following dates:
�
I IF V %a--V h)
J
and that the said newspaper in which such notice,
or legal advertisement was published, was a newspaper
meeting all of the requirements and qualifications of Section
1-597 of the General Statutes of North Carolina.
4Ass'stant Bookkeeper
MCk H Sworn to and subscribed before me, this
OQr. ••ee•e••e•e •�/�
e.• •. �_ day of , 2006
s
NOT .
AUBLV0 o Public
e e.
• �%•••.•e,eje.••� a My Commission Expires 024 / a
%_- A
ERMONIr WAL
. irtAttAGQdENT . r:
COigliti MN / s
NPOES UNIT
EERYILE[OKCE:
KOTIRCA N NtN W
TO'. :'ISSUE 'A NPOM
'" , "- WASTHWATEEj PERt[1T - >:.
On*the `txtsls of thorough staff
review and appiicaft of, NC
?,Genera! Ste 6 1421,-Pu*
law` 92-600 • end other tawhd
' Nor d Carm �E�pro•
'f ppo�g�o�s(ssue a Foh
kt�trt• Disdtarge ' Ektireft
System9e(NPDt� - wastewater.
pemt -to the. per-.
sm(s) tisted below eRective:
� P deb
Written ' oor • rega�9.
Ithe proposed permi" : w6 be
! axepted ' Urd 40 ,days after
:the pubbh dale d •fh3 soft
AA comments �.
tftM date are In'the,
radar d the NC . Division d
hoadra .m��gM
proposedmtt sf died to
the Di-
VWM reoelve .. a sl ticant .
degree of PW* Interest.
,.Copies,d the draft and
oam�.
on e. uedwfo detartrdne Coll.
,dams preserd .- In - the drag.
pemdt are avadabte Upon re- .
quest and payment d the
costs d reprpduclin •l4W
oormods *andWa' for'-
kftmdm to:the—Wilsioo
.:d`water .at the above;;
ft.�._ Pohd
Soww Srandh'et (919) 7*
.5083,' extsrwon 363 or 35a.-
Piease %koe' 'the NPDES ,
pera t . mxnbar (atfedv4'' in
fttnteM
valet d'Watet Qdtty at 512 ,
N. - SeRsbury ' street, ' Rst %A
NC 27W1148 baixW. UN
horrra of 8:00 a.m. and 5A0
an. to review intomratton of
Heater, ,!hies, Inc. .(P.O.
Drawer- 4889, Cary, NC
27619) has ap0ed for mrrerral
ofNPDEs1kId d ift ThisNCOQVYI"P br
I) in
for the: rt W
Iredell County. pemritted
fal" des l;1:hi . 0.08 trot
ad wastowater • to Catawba
River In the Catawba River Ba-
sle. Curre* BOD; =wrila
rft
and • total reddest
dr-.are- water quafdy
limited. M may
aft burr allocatlorn to this
Poft e Catawba • (Truer
i.. of thThe temrs of this permit
have been modelled hom those-
oontat M in ttre one placed at.
...{.a,...,.it - in Mvu

Orawer 4889: Cary NC 0519)
j to soled for ran ma of
NPDES pane N00062481 for
IMe Mallard Heed CondomW-
,am WWTP In mWell County.
IThis permitted 'facility aa-
dwgw treated wastewater to
- to
Heedeunnamed
Creek In thetributary
River Basin, CurterNv BOD,
ammonle naoge- andd toll re-
qualM ryciledchlorine This dwater
ga
;may. affect tenure allocations in
j this potion d the Catawba
River Basin. The terms of the
mit he" been modified
i.-fee contained In the
erne placed at public notice In
2W5.
Heater U61aes Inc_ (P.O.
Drawer 4889, Cary, NO
27519) has applied for renew-
al of NPDES permit
NCO074772 for the Diamond
Head WWTP In Iredel Canty.
dis-
Thdw" 0.1 MGD fleeted
wasewater to lake Norman
(Reeds Creek. Mn) in me
Catawba .Rico. Bean. Cur-
rently SOD, ammonia moo-
yen; and tole) residual c lo-
nne are water quaety ended.
This discharge may affect ter
are eltocetlons in the
potion of free Catawba River
Sash. Thee arm of this
perch have been moc-ao
Nqn dean contained in the
one placed at public notice in
2W5.
Healer Wide% Inc. (P.O.
Drawer 4889, Cary, NO
27519) has applied for renew
,ad vresmeater to Catawba
River (lake Nmman) In ffa
Catawba River Bash; Gunent-
if, BOD anti toll residual dlo-
! Me ere water qualify lmile0.
This disdarge MY effect N-
are allocefiaa m INS portion
d 9a Catawba River Benin.
. The lama of his permit have
been modified Ian tiwse con -
tamed In the one paced at
;. pudic notice In2005.. .
Heater UaTNes Inc. (P.O.
Drawer - 4869, Cary, NO
.27519) has epplad for minim -
at of NV ES permit
be River in the Catawba River
Begin. Currently 'BOD, ammo-
ria n8 W and totalresidual
chlorine are water' qual
limited. This dada..- may a"
ad acre allocation- In tide
patiop d hiCaawba'River
Basin. The terra of Bus Pemul
n,re been modified from
those,
contained In theone placed a1
public notice In 2005. -
publish SeotendoW 12, 2W6.

Michael F. Easley, Governor
I William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
i
� Ian W. Klimck, P.E. Director
Mooror.:9- Division of Water Quality
August 30, 2006
AVG 3
1"51Z[17t AN11liL/I
To: Britt Setzer
NC DENR / DEH / Regional Engineer
Mooresville Regional Office
From: Bob Sledge 14
NPDES Western Unit
Subject: Review of Draft NPDES Permit NCO075205
Heater Utilities, Inc. — Alexander Island W WTP
Iredell County
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.
nConcurs with issuance of the above permit, provided the following conditions are met:
Opposes the issuance of the above permit, based on reasons stated below, or attached:
Signed Date: / C/
attachment
cc: NPDES Permit File
tCarolina
ura!!y
North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone [phone]
Internet: www.ncwatacivality.org Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax [phone]
An Equal Opportunity/Affirmative Action Employer —50% Recycled/109/6 Post Consumer Paper
Customer Service
1-877-623-6748

STATE OF NORTH CAROLINA
COUNTY OF IREDELL
COUNTY OF CATAWBA
HEATER UTILITIES, INC. )
NPDES NC0060593, NC0056154, )
NC 0062481, NC006335, NC0074772, )
NCO075205 and NC0080691, }
Petitioner, )
V. )
NORTH CAROLINA DEPARTMENT OF }
ENVIRONMENT and NATURAL }
RESOURCES, DIVISION OF WATER }
QUALITY, )
Respondent. )
IN THE OFFICE OF
ADMINISTRATIVE HEARINGS
Nos. 05 EHR 1172, 05 EHR 0944,
05 EHR 945, 05 EHR 0946,05 EHR 09472
05 EHR 0943 and 05 EHR 1173
SETTLEMENT AGREEMENT
The North Carolina Division of Water Quality ("DWT) 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 09452 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,
NC0062481, NCO060593, and NC0080691) respectively.

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.

e
a i
1
Entered into and effective this the �,1411day of 2006.
HE)
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
By:
dw�� 16�"-
Alan Klimek, Director