Attachment A - Final GSO Settlement Agreement

STATE OF NORTH CAROLINA
COUNTY OF GUILFORD
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
Haw River Assembly,
Petitioner,

v. North Carolina Environmental Management,
Respondent,

and City of Greensboro,
Respondent-Intervenor

21 EHR 01770
STATE OF NORTH CAROLINA

COUNTY OF WAKE
IN THE OFFICE OF
ADMINISTRATIVE HEARINGS

Fayetteville Public Works Commission,
Petitioner, v.
North Carolina Environmental Management Commission,
Respondent, and
City of Greensboro,
Respondent-Intervenor

21 EHR 01771

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Settlement Agreement
Petitioners Haw River Assembly and Fayetteville Public Works Commission (“FPWC”),
Respondent North Carolina Environmental Management Commission (the “Commission”), and
Respondent-Intervenor City of Greensboro (the “City”) (collectively the “Parties”) hereby enter
into this Settlement Agreement (“Agreement”) in order to resolve a matter in controversy between
them. This matter arose out of the issuance by the Commission of a Special Order by Consent
EMC-SOC-WQ-S19-010 on March 11, 2021 (the “SOC”). The SOC had been agreed to by the
Commission and City. Haw River Assembly and FPWC each filed a Petition for Contested Case
Hearing in 21 EHR 01170 & 01771 challenging the issuance of this SOC (the “Litigation”) and
the two contested cases were consolidated.
NOW THEREFORE, for and in consideration of the mutual promises contained herein and
without the adjudication of any findings of fact or conclusions of law set forth herein, the Parties
agree to settle the controversy as follows:
1. 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.
2. In order to resolve the Litigation:
a. The Parties other than the Commission agree to the terms of the SOC attached hereto
as Attachment A (“Amended SOC”). To become effective, this Agreement must be
presented to and approved by the Commission as provided hereinafter.

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b. Immediately following execution of this Agreement by all Parties other than the
Commission, the City shall request that the Commission amend the SOC as shown in
Attachment A.
c. If the Commission approves the Amended SOC, within seven (7) days of such
approval, the City shall submit to the North Carolina Department of Environmental
Quality (“DEQ”), Division of Water Resources and the Petitioners an amended version
of the City’s Sampling/Monitoring Plan (approved by DEQ on September 28, 2021).
The current version of the City’s Sampling/Monitoring Plan is attached as Attachment
B. The amended plan shall include the following proposed revisions to the extent not
already included in the Plan:
i. The City shall sample and analyze the discharge of all 29 Significant Industrial
Users (SIUs) (32 sampling sites) for two consecutive quarters, with the first
round of sampling to be completed no later than November 15, 2021. In Years
Two and Three of the Amended SOC the City shall sample and analyze the
discharge of any of the 29 SIUs for which the Year One samples showed
detectable concentrations of 1,4-dioxane in its effluent and which has not
developed a source reduction plan. In the event an SIU exceeds 100 µg/L in
Year One, 31.5 µg/L in Year Two, or 23 µg/L in Year Three, City shall contact
the SIU and require it to respond to the Source Investigation, Evaluation and
Survey according to the procedures specified in the SOC.
ii. To the extent not already included in the Sampling/Monitoring Plan, the City
shall also revise the Plan as follows:

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1. The City shall add two additional surface water sampling sites, one at
the Pittsboro drinking water intake that will be sampled weekly and one
at the Haw River Arm of Jordan Lake that will be sampled twice per
month.
2. The City shall add one daily composite sample of T.Z. Osborne influent
for 1,4-dioxane once per week as an indicator test.
3. If the T.Z. Osborne effluent value exceeds 35 µg/L, the City shall send
the most recent daily and weekly composite samples to a DEQ-approved
laboratory for rush analysis.
4. The City shall post any revisions to the Sampling/Monitoring Plan to
the City’s Water Resources Department website within one week of
DEQ’s approval of the revised Plan.
d. The Commission agrees to review and consider the City’s request made pursuant to
paragraph 2(a). Further, if the Amended SOC is issued, the Commission agrees to take
the actions set forth in Attachment C.
3. The Parties agree that neither this Agreement nor any provision or term of this Agreement
constitutes an admission of any violation of a statute or rule, of non-compliance with any
provision or requirement of the SOC, or of the applicability of any regulation or standard
to the subject matter included in the SOC.
4. In the event a party alleges non-compliance of any provision of this Agreement by another
party, the party alleging the non-compliance shall provide the allegedly non-complying
party written notice which shall include a description of the alleged violation(s). The

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parties shall meet within a reasonable time to discuss the alleged non-compliance and to
establish a reasonable time period not to exceed fifteen (15) days to achieve compliance
(“cure period”). If the Amended SOC is approved by the Commission, nothing in this
Agreement shall be construed to limit the authority of the Commission, either directly or
by virtue of a delegation of authority to the Department, to enforce the terms and conditions
of the Amended SOC. Furthermore, if the Commission approves the Amended SOC, the
Parties expressly recognize and acknowledge that the cure period described in this
paragraph does not apply to any actions taken by the Commission or the Department to
enforce the terms and conditions of the Amended SOC.
5. The Parties agree and acknowledge that this Agreement is only intended to resolve the
Litigation and no other matter.
6. Within five (5) days after the later of (a) the issuance of Amended SOC, (b) the
Commission’s vote to initiate the actions described in Attachment C, or (c) the City’s
submission of the amended Sampling/Monitoring Plan consistent with paragraph 2(c), each
Petitioner shall file a voluntary dismissal with prejudice of its respective Petition for
Contested Case Hearing in the above captioned matters, 21 EHR 01770 & 01771.
7. The Parties agree and acknowledge that they have reviewed, negotiated and agreed to the
terms herein as a result of an arms’ length transaction entered in good faith. No inference
or presumption shall be made against the drafter of this document as to the meaning of any
term herein.
8. The Parties agree and acknowledge that the consideration for this settlement is the promises
and mutual covenants contained herein, the receipt and sufficiency of which the Parties

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hereby acknowledge. The Parties agree and acknowledge that this Agreement contains the
whole agreement between them.
9. This Agreement shall be construed and interpreted in accordance with the laws of the State
of North Carolina, without giving effect to North Carolina’s rules concerning conflicts of
laws. The exclusive venue for enforcement of this Agreement is North Carolina.
10. This Agreement shall become effective immediately following execution by all the Parties.
In the interests of time and efficiency, the signature pages may be delivered separately to
the Parties. Scanned and e-mailed execution are as valid as original execution. Thereafter,
all copies of the Agreement and executed signature pages shall constitute an original.
11. In the event the Commission votes not to approve the Amended SOC, at the election of
any party and upon notice to the other parties, this Agreement and its requirements, whether
or not already implemented, shall become void and no longer in effect.
12. No supplement, modification, waiver, or amendment of this Agreement shall be binding
unless executed in writing by all the Parties.
13. 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.
14. This Agreement is entered into knowingly, intelligently, and voluntarily.
[signatures on following page(s)]

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PETITIONER HAW RIVER ASSEMBLY
By: ____________________________ Elaine Chiosso Executive Director Haw River Assembly
PETITIONER FAYETTEVILLE PUBLIC WORKS COMMISSION By: ____________________________ Elaina Ball
Chief Executive Officer
Fayetteville Public Works Commission Date: ____________________________
RESPONDENT NORTH CAROLINA ENVIRONMENTAL MANAGEMENT
COMMISSION By: ____________________________ Robin Smith
Chair
North Carolina Environmental Management Commission Date: ____________________________
RESPONDENT-INTERVENOR CITY OF GREENSBORO
By: ____________________________
Michael Borchers
Director of Water Resources City of Greensboro Date: November 12, 2021

Attachment A

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NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF GUILFORD IN THE MATTER OF )
NORTH CAROLINA ) AMENDED SPECIAL ORDER BY
NPDES PERMIT NC0047384 ) CONSENT HELD BY ) EMC SOC WQ S19-010 CITY OF GREENSBORO ) )

Pursuant to the provisions of North Carolina General Statutes (G.S.) 143-215.2, this Amended Special Order by Consent is entered into by the City of Greensboro, hereinafter referred to as the City, and the North Carolina Environmental Management Commission, an agency of the State of
North Carolina created by G.S. 143B-282, and hereinafter referred to as the Commission.
1. The City and the Commission hereby stipulate the following: a. This Amended Special Order by Consent (Amended SOC or Amended Special Order)
addresses issues related to the discharge of elevated levels of 1,4-dioxane from the T.Z.
Osborne WWTP to South Buffalo Creek. On November 14, 2019, the North Carolina Department of Environmental Quality (the Department or DEQ) issued a Notice of Violation (NOV) to the City related to the elevated discharges of 1,4-dioxane.
b. The City holds North Carolina NPDES permit NC0047384 for operation of an existing
wastewater treatment works, and for making an outlet therefrom, for treated wastewater to South Buffalo Creek, Class WS-V, NSW waters of this State in the Cape Fear River Basin. NPDES Permit NC0047384 does not currently contain discharge limitations for 1,4-dioxane.

c. In its November 2017 Technical Fact Sheet on 1,4-dioxane, the United States Environmental Protection Agency (EPA) describes this compound as “a synthetic industrial chemical that is completely miscible in water.” Its primary historical use was as a stabilizer of chlorinated solvents. The EPA fact sheet states 1,4-dioxane is a
by-product present in many goods, including paint strippers, dyes, greases, antifreeze
and aircraft deicing fluids, and in some consumer and personal care products (deodorants, shampoos and cosmetics). EPA has classified 1,4-dioxane as a likely human carcinogen; however, to date no federal maximum contaminant level (MCL) has been established for 1,4-dioxane in drinking water.

d. The EPA Fact Sheet states “the physical and chemical properties and behavior of 1,4-dioxane create challenges for its characterization and treatment. It is highly mobile and does not readily biodegrade in the environment.” These properties, plus its widespread presence in industrial and consumer products, cause the compound to be identifiable in
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reportable concentrations in groundwater, and within surface water downstream of
industrialized and urbanized areas.
e. EPA has issued a health advisory for 1,4-dioxane recommending concentrations not exceed 35 µg/L in drinking water as protection of a 1 in 10,000 excess estimated lifetime cancer risk. EPA risk assessments indicate the drinking water concentration
representing a 1 in 1,000,000 cancer risk level for 1,4-dioxane is 0.35 µg/L.
f. 1,4-dioxane can enter a publicly owned treatment works as a constituent of industrial and domestic wastewater. Most wastewater treatment plants are not currently designed for the removal of compounds such as 1,4-dioxane; therefore, it can pass through the
treatment system and enter surface waters within the effluent discharge.
g. The EPA’s Third Unregulated Contaminant Monitoring Rule (UCMR 3) required public water supply systems throughout the United States to monitor for the presence of contaminants, including 1,4-dioxane, during the years 2013-2015.

h. Results of UCMR 3 monitoring indicated the presence of 1,4-dioxane in North Carolina was most prevalent within the Cape Fear River Basin. The North Carolina Department of Environmental Quality conducted follow up stream sampling studies to better determine the concentrations of 1,4-dioxane, and their potential sources within the
basin. Results of the DEQ studies noted above indicated detectable concentrations of
1,4-dioxane downstream of the discharge from the City of Greensboro’s T.Z. Osborne WWTP. i. Beginning in 2015, the City of Greensboro voluntarily began a 1,4-dioxane source
identification and reduction plan, which included monitoring of WWTP influent and
effluent and the City’s wastewater collection system. The City’s efforts included meetings with industrial users to ask their assistance in identifying potential sources. Information from the industrial community and collection system monitoring revealed where to focus reduction efforts. By October 2015, the City’s program had identified
one of its Significant Industrial Users (SIU) as a quantifiable source of 1,4-dioxane to
the WWTP. The SIU voluntarily agreed to conduct its own source reduction plan. Since the implementation of the plan, the discharge of 1,4-dioxane from the T.Z. Osborne wastewater treatment facility has been reduced by over 50% for the four-year period from February 2016 to the present.

j. On October 31, 2017, the Division of Water Resources (DWR), via administrative letter, required the City to begin monthly monitoring of the effluent from the T.Z. Osborne WWTP for 1,4-dioxane and to report the results of their analyses on monthly monitoring reports, beginning with the report for December 2017.

k. Results from T.Z. Osborne WWTP effluent monitoring have routinely indicated the presence of 1,4-dioxane. On August 7, 2019, an effluent concentration of 957.5 µg/L was reported. DEQ calculations predict that 1,4-dioxane concentrations of this magnitude within the T.Z. Osborne WWTP effluent discharge may cause the instream
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concentration of 1,4-dioxane to exceed the 35 µg/L EPA health advisory level at a
downstream drinking water supply raw water intake location.
l. The Department has instituted a special study of the T.Z. Osborne WWTP effluent, conducting its own monitoring of the discharge and sharing its data with the City.
m. Sampling of waters downstream of the T.Z. Osborne WWTP discharge has indicated
instances when the EPA health advisory concentration of 35 µg/L for 1,4-dioxane has been exceeded. The sampling results indicate that Greensboro’s discharge contributes to the exceedances but they do not establish that Greensboro’s discharge is the sole source of the exceedances.

n. The purpose of this Amended Special Order is to reduce the concentrations of 1,4-dioxane being discharged from the T.Z. Osborne WWTP. It is not intended to resolve, be applicable to, or encompass all other point and non-point sources that may be causing or contributing to elevated levels of 1,4-dioxane in the Cape Fear River Basin.
The initial and primary goal of this Amended Special Order is that the City’s effluent
discharge will not cause concentrations of 1,4-dioxane in downstream drinking water supplies to exceed the EPA health advisory concentration of 35 µg/L. o. The discharge of elevated levels of 1,4-dioxane causes or contributes to pollution of the
waters of this State named above, and the City is within the jurisdiction of the
Commission as set forth in G.S. Chapter 143, Article 21. p. The Commission and the City acknowledge that the activities enumerated in this Amended Special Order are designed to reduce 1,4-dioxane concentrations within the
Cape Fear River Basin, and that significant future reductions will require both
technological advances and the cooperative institutional resolve of all affected parties. Acknowledging that the physical and chemical properties of 1,4-dioxane create challenges for its treatment and/or removal from municipal wastewater, and that large scale treatment technologies for the removal of 1,4-dioxane at municipal WWTPs do
not currently exist, this Amended Special Order recognizes that source reduction will
be the primary and most effective means of reducing 1,4-dioxane concentrations in the T.Z. Osborne WWTP effluent and the Cape Fear River Basin. q. Since this Amended Special Order is by Consent, neither party will file a petition for a
contested case or for judicial review concerning its terms.
2. The City of Greensboro, desiring to significantly reduce its contributions of 1,4-dioxane to the Cape Fear River Basin, hereby agrees to undertake the following activities in accordance with the indicated time schedule:

a. Increase T.Z. Osborne’s WWTP 1,4-dioxane effluent Electronic Discharge Monitoring Report (eDMR) monitoring frequency for grab samples to weekly.
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b. The City’s SIU Wastewater Discharge Permit Application shall include 1,4-dioxane as
a site-specific Pollutant of Concern in the Priority Pollutant Checklist section requiring
applicant to certify if 1,4-dioxane is: Present at Facility, Absent at Facility, Present in Discharge, Absent in Discharge. If the applicant indicates 1,4-dioxane is present at the facility or present in its discharge, the City will require the discharger to submit a description of the amount and concentration and how the applicant plans to reduce,
eliminate, treat, or manage it, and, as appropriate, require analyses of all potential (new)
industrial flows to the collection system for the presence of 1,4-dioxane prior to the City’s approval or acceptance of the wastewater. The City may require the same or similar analyses of new commercial flows at its discretion. The City shall also obtain a description of the character of any new discharge, its estimated volume, and its location
within the collection system.
c. Special Order Year One [to be required upon the execution date of this Amended SOC and continued until April 30, 2022]:
1) Provide the Department with a copy of the City’s existing 1,4-dioxane monitoring
plan (Sampling/Monitoring Plan), and implement the following: i. Resample, analyze, and report at previously identified junction locations, including North Buffalo Transfer Pump Station (1650 miles of sewer line as of January 10, 2020).
ii. Determine trunkline and industrial contributions and investigate further as
concentrations or loadings warrant. iii. Investigate and determine background levels of 1,4-dioxane that shall include the following: 1) industrial contributions, 2) domestic contributions, 3) commercial contributions, 4) all drinking water contributions, and 5)
surface intake water contributions.
iv. Meet with the Department’s Winston-Salem Regional Office (WSRO) on a quarterly basis to present progress updates and provide a written meeting summary. v. As circumstances warrant, review and modify the 1,4-dioxane
Sampling/Monitoring Plan. Provide the Department a copy of proposed
changes prior to their implementation. vi. Post reports generated under this section (i.e., 2(c)(1)) to the City’s Water Resources Department website within one week of sending such reports to the Department.

2) Contact, interview, and survey indirect dischargers with identifiable, contributing, 1,4-dioxane concentrations of greater than 100 µg/L. 3) For any industrial user (including any SIU) with a discharge of 1-4-dioxane at
concentrations greater than 100 µg/L, the City will continue collaboration and
oversight regarding industrial dischargers of 1,4-dioxane to the WWTP. i. Identify any industrial user (including any SIU) that is an indirect source of 1,4-dioxane at concentrations greater than 100 µg/L. ii. Develop source reduction program.
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iii. Review adequacy of slug control plans and update if necessary.
iv. Increase inspection of selected SIU sources to three (3) times per year [per
2(c)(2)]. v. Submit summary of oversight activities in the Year One Report. 4) The City shall not exceed the Department’s calculated effluent Year One daily
maximum grab sample SOC compliance value of 35 µg/L (Year One SOC
Compliance Value) to protect downstream drinking water intakes. 5) Develop and implement an ongoing 1,4-dioxane public education outreach plan with applicability toward individual, commercial and industrial users of City Water
Resources Department services. Submit a summary of the plan in Year One Report
and post on the City’s Water Resources Department website. 6) Report all T.Z. Osborne WWTP effluent 1,4-dioxane sampling results monthly by email to the Department (in a format acceptable to DEQ) no later than the last
calendar day of the month following the completed reporting period and post on the
City’s Water Resources Department website. 7) Report by telephone within 24 hours to the WSRO after receiving any data (including any individual result from a grab, composite, or split sample if taken)
indicating a T.Z. Osborne WWTP effluent 1,4-dioxane concentration greater than
35 µg/L. The City will also provide email notification to downstream drinking water utilities as soon as possible after the DEQ 24-hour notification is triggered, but no more than 24 hours after Greensboro receives data showing an exceedance of 35 µg/L. The City is also required to submit a written report on any finalized data
regarding the exceedance, its cause, effects, and its duration to the WSRO within 5
business days by email of the City’s first knowledge of the exceedance. The City will post this written report on the City’s Water Resources Department website. 8) Modify SIU permits or develop other pretreatment program mechanisms as
necessary.
9) In addition to any other reporting required by the Department, no later than forty-five (45) calendar days after the end of Year One, the City shall submit to the Department a written report on the Year One activities and post on the City’s Water
Resources Department website. The report may be submitted by hard copy or
electronic means and must contain the following (at a minimum): i. Summary of the City’s investigation results [outlined in 2(c)(1)]. ii. Summary of any potential (new) industrial or commercial flows to the collection system [outlined in 2(b)].
iii. Any oversight activities [outlined in 2(c)(2), 2(c)(3) and 2(c)(8)].
iv. Public education outreach plan [outlined in 2(c)(5)]. v. A table of all monitoring results for 1,4-dioxane collected during the SOC Year One.
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vi. In the case of noncompliance with the Year One SOC Compliance Value, a
statement of the reason(s) for noncompliance, remedial action(s) taken, and
a statement on the extent to which subsequent dates or times for accomplishment of listed activities may be affected. vii. Based on Year One data and any follow-up monitoring activities, including IU inspections and oversight and City of Greensboro split sample data,
determine the following and provide a summary to the Department:
o Long-term achievable effectiveness of source reduction efforts and resulting T.Z. Osborne WWTP effluent reductions o Industrial contributions o Domestic contributions
o Commercial contributions
o Surface and drinking water contributions d. Special Order Year Two [May 1, 2022 through April 30, 2023]:
1) Continue investigating industrial sources and engage with sources not defined as
SIUs that have 1,4-dioxane concentrations above 31.5 µg/L to reduce or eliminate 1,4-dioxane discharges. 2) Meet with the Department’s WSRO on a quarterly basis to present progress updates
and provide a written meeting summary.
3) Report all T.Z. Osborne WWTP effluent 1,4-dioxane sampling results monthly by email to the Department (in a format acceptable to DEQ) no later than the last calendar day of the month following the completed reporting period and post on the
City’s Water Resources Department website.
4) For any industrial user (including any SIU) that is determined to have a detectable concentration of 1,4-dioxane in its discharge in Year One and that does not have a source reduction plan in place, the City will sample and analyze the industrial user’s
discharge and engage with the industrial user. The City will require a “Source
Investigation, Evaluation and Survey” (an example of which is attached as Exhibit 1) from those SIUs that have 1,4-dioxane concentrations above 31.5 µg/L. After receiving the results of the “Source Investigation, Evaluation and Survey,” the City will determine appropriate next steps, including a source reduction program if
appropriate, based on the investigation results and the SIU loading to the T.Z.
Osborne WWTP. 5) The City shall not exceed the Department’s calculated effluent Year Two daily maximum grab sample SOC compliance value of 31.5 µg/L (Year Two SOC
Compliance Value) to protect downstream drinking water intakes based on EPA’s
drinking water health advisory. 6) Report by telephone within 24 hours to the Department’s WSRO after receiving any data (including any individual result from a grab, composite, or split sample if
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taken) indicating a T.Z. Osborne WWTP effluent 1,4-dioxane concentration greater
than 31.5 µg/L. The City will also provide email notification to downstream
drinking water utilities as soon as possible after the DEQ 24-hour notification is triggered, but no more than 24 hours after Greensboro receives data showing an exceedance of 31.5 µg/L. The City is also required to submit a written report on any finalized data regarding the exceedance, its cause, effects, and its duration to the
WSRO within 5 business days by email of the City’s first knowledge of the
exceedance. The City will post this written report on the City’s Water Resources Department website. 7) Modify SIU permits or develop other pretreatment program mechanisms as
necessary.
8) Calculate a T.Z. Osborne WWTP effluent 1,4-dioxane mass balance using all data (industrial, domestic, commercial, drinking water, and collection system data) and submit to the Department in the Year Two Report.

9) In addition to any other reporting required by the Department, no later than forty-five (45) calendar days after the end of Year Two, the City shall submit to the Department a written report on the Year Two activities and post on the City’s Water Resources Department website. The report may be submitted by hard copy or
electronic means and must contain the following (at a minimum):
i. Summary of the City’s oversight activities [outlined in 2(d)(1), 2(d)(4) and 2(d)(7)]. ii. Public education outreach plan update [outlined in 2(c)(5)]. iii. 1,4-dioxane mass balance [outlined in 2(d)(8)].
iv. A table of all monitoring results for 1,4-dioxane collected during the SOC
Year Two. v. In the case of noncompliance with the Year Two SOC Compliance Value, a statement of the reason(s) for noncompliance, remedial action(s) taken, and a statement on the extent to which subsequent dates or times for
accomplishment of listed activities may be affected.
e. Special Order Year Three [May 1, 2023 through April 30, 2024]: 1) Continue investigating industrial sources and engage with sources not defined as
SIUs that have 1,4-dioxane concentrations above 23 µg/L to reduce or eliminate
1,4-dioxane discharges. 2) Meet with the Department’s WSRO on a quarterly basis to present progress updates and provide a written meeting summary.

3) Report all T.Z. Osborne WWTP effluent 1,4-dioxane sampling results monthly by email to the Department (in a format acceptable to DEQ) no later than the last calendar day of the month following the completed reporting period and post on the City’s Water Resources Department website.
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4) For any industrial user (including any SIU) that is determined to have a detectable
concentration of 1,4-dioxane in its discharge in Year Two and that does not have a source reduction plan in place, the City will sample and analyze the industrial user’s discharge and engage with the industrial user. The City will require a “Source Investigation, Evaluation and Survey” (an example of which is attached as Exhibit
1) from those SIUs that have 1,4-dioxane concentrations above 23 µg/L. After
receiving the results of the “Source Investigation, Evaluation and Survey,” the City will determine appropriate next steps, including a source reduction program if appropriate, based on the investigation results and the SIU loading to the T.Z. Osborne WWTP.

5) The City shall not exceed the Department’s calculated effluent Year Three daily maximum grab sample SOC compliance value of 23 µg/L (Year Three SOC Compliance Value) to protect downstream drinking water intakes based on EPA’s drinking water health advisory.

6) Report by telephone within 24 hours to the Department’s WSRO after receiving any data (including any individual result from a grab, composite, or split sample if taken) indicating a T.Z. Osborne WWTP effluent 1,4-dioxane concentration greater than 23 µg/L. The City will also provide email notification to downstream drinking
water utilities as soon as possible after the DEQ 24-hour notification is triggered,
but no more than 24 hours after Greensboro receives data showing an exceedance of 23 µg/L. The City is also required to submit a written report on any finalized data regarding the exceedance, its cause, effects, and its duration to the WSRO within 5 business days by email of the City’s first knowledge of the exceedance. The City
will post this report on the City’s Water Resources Department website.
7) Modify SIU permits or develop other pretreatment program mechanisms as necessary.
8) In addition to any other reporting required by the Department, no later than forty-
five (45) calendar days after April 30, 2024, the City shall submit to the Department a written report on the Year Three activities and post on the City’s Water Resources Department website. The report may be submitted by hard copy or electronic means and must contain the following (at a minimum):
i. Summary of the City’s oversight activities [outlined in 2(e)(1), 2(e)(4) and
2(e)(7)]. ii. A table of all monitoring results for 1,4-dioxane collected during the SOC Year Three. iii. Public education outreach plan update [outlined in 2(c)(5)].
iv. In the case of noncompliance with the Year Three SOC Compliance Value,
a statement of the reason(s) for noncompliance, remedial action(s) taken, and a statement on the extent to which subsequent dates or times for accomplishment of listed activities may be affected.
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3. In case source reduction alone does not lead to the effluent SOC Compliance Value being
achieved consistently, the following shall apply:
a. If greater than or equal to 30% of eDMR data exceed the Year One SOC Compliance Value of 35 µg/L at the end of SOC Year One, the City shall address 1,4-dioxane in the T.Z. Osborne WWTP effluent by performing the following:

1) Submit to the Division for approval within 45 calendar days of the end of SOC Year One a report that considers the items below:
− Investigation of alternate/additional treatment processes for removal of 1,4-dioxane at major industrial sources. − Investigation of the technical and economic feasibility of treatment technologies for the removal of 1,4-dioxane at wastewater treatment plants. − Investigation of the technical and economic feasibility of treatment
technologies for removal of 1,4-dioxane at drinking water treatment facilities.
2) Following the investigations in 3(a)(1), submit to the Division within 180 calendar days of the end of SOC Year One a draft Best Management Practices/1,4-dioxane Minimization Plan, which will include an implementation schedule that must be
approved by the Division before proceeding.
3) Upon Division approval of Items 1 and 2 above, post both items on the City’s Water Resources Department website.
4. The City of Greensboro, desiring to resolve the matters contributing to alleged water quality
standard violations associated with its discharge of 1,4-dioxane from the T.Z. Osborne WWTP, has paid an upfront penalty in the amount of $5,000.00 as settlement of the alleged violations noted in the November 14, 2019 NOV correspondence as well as any and all other alleged violations related to 1,4-dioxane beginning December 1, 2017 through the execution
date of the original SOC, effective May 1, 2021.
a. Stipulated Penalties. The City agrees that unless excused under Paragraph 5, the City will pay the Director of DWR, by check payable to the North Carolina Department of Environmental Quality, stipulated penalties according to the following schedule for
failure to meet the deadlines and requirements set out in Section 2.

Description Stipulated Penalty
Failure to provide 24-hour notice to WSRO of elevated discharge levels
specified in Sections 2(c)(7), 2(d)(6), and
2(e)(6) of this Amended Special Order
$1,000 per event; $100/day thereafter
Failure to submit to WSRO complete
Annual Reports in Sections 2(c)(9),
2(d)(9) and 2(e)(8) of this Amended Special Order by specified date
$1,000 per event; $100/day thereafter
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Failure to meet the grab sample effluent daily maximum SOC Compliance Value in SOC Year One, Year Two, or Year Three
Exceedance > applicable Compliance Value and ≤ 105 µg/L:
• Exceedance 1-5 per SOC year:
$1,000 per event, per SOC year
• Exceedance 6-10 per SOC year: $2,000 per event, per SOC year
• Exceedance 11 and up per SOC
year: $3,000 per event, per SOC year Exceedance > 105 µg/L:
• Exceedance 1-5 per SOC year:
$5,000 per event, per SOC year
• Exceedance 6 or more per SOC year: $10,000 per event, per SOC year
Exceedance > 500 µg/L:
• $5,000 per event in addition to any stipulated penalty listed above
Failure to achieve any other requirement of this Amended Special Order $1,000 per event

5. The City and the Commission agree that the stipulated penalties are not due if the City satisfies DWR that noncompliance was caused solely by: a. An act of God;
b. An act of war;
c. An intentional act or omission of a third party, but this defense shall not be available if the act or omission is that of an employee or agent of the defendant or if the act or omission occurs in connection with a contractual relationship with the permittee; d. An extraordinary event beyond the permittee’s control. Contractor delays or failure to
obtain funding will not be considered as events beyond the permittee’s control; or
e. Any combination of the above causes.
Failure by the City to within thirty (30) calendar days of receipt of a written demand either to pay the penalties, or challenge them by a contested case petition pursuant to G.S. 150B-23, will be grounds for a collection action, which the Attorney General is hereby authorized to
initiate. The only issue in such an action will be whether the thirty (30) calendar days has
elapsed. 6. This Amended Special Order by Consent and any terms and/or conditions contained herein, hereby supersede any and all previous Special Orders, Enforcement Compliance Schedule
Letters, terms, conditions, and limits contained therein issued in connection with NPDES
permit NC0047384. 7. Noncompliance with the terms of this Amended Special Order by Consent is subject to enforcement action in addition to the above stipulated penalties, including injunctive relief

Exhibit 1
to Amended SOC
(1,4-dioxane Source Investigation,
Evaluation, and Survey for SIUs)

Attachment B

Attachment C

Within 10 days of the adoption of any revised SOC for Greensboro by Environmental
Management Commission (Commission), the Commission shall direct the North Carolina
Department of Environmental Quality (DEQ) to refine and supplement its 2016 and 2017
studies of point source dischargers in the Cape Fear River basin (the Basin) for a period of
three years. This supplement of DEQ’s study will include semi-annual progress reports
(with a written progress report submitted at least annually) by DEQ for a period of three
years to the Commission’s Water Quality Committee describing (at a minimum):
a. Ongoing and planned surface water and discharge sampling efforts, including
the results of such sampling;
b. Identification of point sources dischargers of 1,4-dioxane in the Basin
upstream of any drinking water intake;
c. Public update on the actions DEQ is taking to reduce 1,4-dioxane
concentrations in the Basin from sources identified under paragraph (b),
including incorporation of 1,4-dioxane limits into the NPDES permits if the
agency determines that the discharger has a reasonable potential to violate
applicable water quality standards;
d. A brief explanation of DEQ’s reasoning regarding the foregoing and the
expected time for completion.
No later than three years from the date of the Commission’s adoption of the revised SOC for
Greensboro, DEQ is to issue a report to the Water Quality Committee of the Commission
that makes recommendations for additional steps to be taken by DEQ and/or the
Commission in order to achieve compliance with the water quality standard for 1,4-dioxane
if any classified surface waters within the Basin have not yet achieved compliance.