NC0020737_Special Order By Consent_20160317

PAT MCCRORY
t_•
DONALD R. VAN DER VAART
Water Resources
ENVIRONMENTAL QUALITY S. JAY ZIMMERMAN
Pnrrn,r
March 17, 2016
Mr. Dennis Wells, Water Resource Director
City of Kings Mountain
PO Box 429
Kings Mountain,NC 28086
Subject: SPECIAL ORDER BY CONSENT(SOC)
EMC SOC WQ S16-001
City of Kings Mountain-Pilot Creek WWTP
NPDES No. NC0020737
Cleveland County
Dear Mr. Wells:
The Division of Water Resources(DWR)hereby transmits for your review and signature two(2)copies
of the Special Order by Consent(SOC or the Order).
Please sign and return two(2)copies to:
Attention: Derek Denard
NCDEQ/DWR/WQ Permitting Section
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
Once the SOC has been signed,the Division will solicit public comment on this SOC by publishing a notice
in newspapers having circulation in the general Cleveland County area, as required by the NPDES Program.
Following the mandatory 30-day public comment period,the Division will review all pertinent comments on
the SOC, and take appropriate action prior to issuing the SOC.
If you have questions, please contact the operations staff at DWR's Mooresville Regional Office at(704)
663-1699, or contact me in the central office, Derek Denard [[e-mail]] at(919) 807-6307.
Sincerely,
Derek C.Denard,Environmental Specialist
Division of Water Resources,NCDEQ
hc: Mooresville Regional Office w/attachments
SOC Files w/attachments
Central Files w/attachments
ec: Dennis Wells,City of Kings Mountain,Water Resource Director[dennisw a cityotkm.com]
Kim Moss,City of Kings Mountain,ORC/Pretreatment Coordinator[[e-mail]]
State of North Carolina I Environmental Quality I Water Resources
1617 Mail service Center I Raleigh,North Carolina 27699-1617
919 807 6300

NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF CLEVELAND
IN THE MATTER OF )
NORTH CAROLINA ) SPECIAL ORDER BY CONSENT
NPDES PERMIT NC0020737 ) EMC SOC WQ S16-001
HELD BY THE CITY OF KINGS MOUNTAIN )
Pursuant to provisions of North Carolina General Statute (G.S.) 143-215.2 and G.S. 143-215.67,this
Special Order by Consent is entered into by the City of Kings Mountain, 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) The City holds North Carolina NPDES Permit NC0020737 for operation of an existing
wastewater treatment works and for making an outlet therefrom for treated wastewater to
Buffalo Creek, Class C waters of this State in the Broad River Basin, but is unable to
consistently comply with effluent thallium limitations as set forth in NPDES Permit
NC0020737 due to the indirect discharge of thallium by a permitted significant industrial
user. Compliance will require the City to provide appropriate oversight of its permitted
industrial pretreatment program to ensure the significant industrial user implements the
necessary corrective actions to comply with the industrial user's permitted thallium limits.
(b) Noncompliance with final effluent limitations constitutes causing and contributing 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.
(c) Implementation of the City's industrial pretreatment program is authorized under the
NPDES Permit NC0020737, including the authority to approve construction/repairs and/or
improvements to the industrial user's wastewater treatment system, which, once
implemented, will be sufficient to adequately treat wastewater presently being discharged to
the City's collection system to the extent the City will be able to comply with final effluent
permit limitations in NPDES Permit NC0020737.
(d) Since this 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, desiring to comply with the Permit identified in paragraph 1(a) above, hereby agrees
to do the following:
(a) Provide the Mooresville Regional Office of the North Carolina Division of Water
Resources (DWR), located at 610 East Center Ave, Suite 301, Mooresville, NC 28115,
with a list of all additions of flow (see paragraph 5) under the City's Special Order by
Consent, and update this list each time flow is added to the collection system.

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City of Kings Mountain—Pilot Creek WWTP
EMC SOC WQ S16-001
p.2
(b) Undertake the following activities in accordance with the indicated time schedule:
Scheduled Activity Due Date
Prepare and issue modified SIU Permit March 31, 2016
Quarterly reports to be submitted by January 1,
Submit Construction Status Reports April 1, July 1, and October 1, during each
year the SOC is in effect, beginning July 1,
2016.
Attain Compliance with NPDES permit limits May 31, 2018
(c) The City shall comply with all terms and conditions of NPDES Permit NC0020737 except
those effluent limitations identified in paragraph 2(d) below. See Attachment A for all
monitoring requirements and effluent limitations. The Permittee may also be required to
monitor for other parameters as deemed necessary by the Director in future permits or
administrative letters.
(d) During the time in which this Special Order by Consent(SOC) is effective,the City shall
comply with the interim effluent limitations contained in Attachment A unless modified
below:
Under this SOC, only the parameters listed below have been modified from the most
current NPDES Permit NC0020737 in effect.
Permit Limits Modified Limits (SOC)
Parameters Monthly Avg. Daily Max. Monthly Avg. Daily Max.
Thallium 1.43 ttg/L 1.43 .tg/L 60.1 µg/L No Limit
(e) No later than thirty(30) calendar days after any date identified for accomplishment of any
activity listed in 2(b) above, the City shall submit to the Water Quality Regional Operations
Section Regional Supervisor for the Division of Water Resources' (DWR) Mooresville
Regional Office written notice of compliance or noncompliance therewith. In the case of
noncompliance, the notice shall include a statement of the reason(s) for noncompliance,
remedial action(s)taken,and a statement identifying the extent to which subsequent dates or
times for accomplishment of listed activities may be affected.
3. The City agrees that unless excused under paragraph four(4),the City will pay the Director of
DWR, by check payable to the North Carolina Department of Environmental Quality,
according to the following schedule for failure to meet the deadlines set out in paragraphs 2(b)
and 2(e), or failure to attain compliance with the effluent limitations/monitoring requirements
contained in paragraph 2(d) and Attachment A.

City of Kings Mountain—Pilot Creek WWTP •
EMC SOC WQ S16-001
P.3
Violation Description Stipulated Penalty
Failure to meet a scheduled date $100/day for first seven days; $500/day
thereafter
Failure to achieve compliance with NPDES
permit limits at final compliance deadline $25,000.00
Failure to Submit Status Reports $50/day for first seven days; $100/day
thereafter
Failure to meet Thallium monthly average $1,500/month
limit of 60.1 tg/L
4. The City and the Commission agree stipulated penalties are not due if the City satisfies to the
Division of Water Resources 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 within thirty (30) days of receipt of written demand 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) days has elapsed.
5. In accordance with the provisions of G.S. 143-215.67(b) the Commission allows the City to
accept 2.0 MGD of additional wastewater to its waste treatment system during the term of the
SOC:
The nature of the additional flows is such that the waste characteristics do not exceed those
generally associated with domestic waste or are pretreated to domestic strengths. Waste of
greater than normal domestic strength may be accepted if the parameter(s) that exceed normal
domestic strength wastewater are not those for which interim limitations have been developed
and it can be demonstrated to the satisfaction of the Director the additional waste will not
adversely affect the treatment efficiency of the treatment system for any modified parameter or
result in the violation of any other permit limitation. All new and proposed industrial waste
tributary to the system must be controlled using all needed mechanisms including but not
limited to adoption and implementation of industrial waste control and pretreatment
ordinances. No wastewater can be accepted which will add toxic pollutants in quantities not
generally associated with domestic wastewater characteristics, unless the acceptance of the
additional wastewater can be supported through appropriate analyses acceptable to the Director.
6. This Special Order by Consent and any terms, conditions, and interim effluent limitations
contained herein, hereby supersede any and all previous Special Orders, Enforcement
Compliance Schedule Letters,terms, conditions, and limitations contained therein issued in
connection with NPDES Permit NC0020737. In the event of an NPDES Permit modification or
renewal, any effluent limitations or monitoring requirements contained therein shall supersede

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City of Kings Mountain—Pilot Creek WWTP
EMC SOC WQ S16-001
p.4
those contained in Attachment A of this Special Order by Consent, except as modified and
contained in paragraph 2(d) above.
7. Any violation of the terms of this Special Order by Consent, including paragraphs 2(b), 2(c) and
2(d) above and Attachment A may, upon the discretion of the Director, terminate paragraph
five (5) of this Order.
8. Noncompliance with the terms of this Special Order by Consent is subject to enforcement action
in addition to the above stipulations, including injunctive relief pursuant to G.S. 143-215.6(C).
9. The Permittee, upon signature of this Special Order by Consent, will be expected to comply
with all schedule dates,terms, and conditions of this document.
10. This Special Order by Consent shall expire August 31, 2018.
For the City of Kings Mountain:
Marilyn H. Sellers, City Manager Date
For the North Carolina Environmental Management Commission:
S. Jay Zimmerman, P.G., Director Date
Division of Water Resources

Attachment A
WQ SOC S16-001
A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS-INTERIM
During the period beginning on the effective date of the Special Order and lasting until May 31,
2018, the Permittee is authorized to discharge from outfall serial number 001. Such discharges
shall be limited and monitored by the Permittee as specified below:
EFFLUENT EFFLUENT MONITORING REQUIREMENTS
CHARACTERISTICS LIMITS
Monthly Weekly Daily Measureme
Average Average Maximum nt Sample Type Sample Locationl
Frequency
Flow 6.0 MGD Continuous Recording Influent or Effluent
BOD,5 day,20°C(April 1 to
October 31)2 28.0 mg/L 42.0 mg/L Daily Composite Influent&Effluent
BOD,5 day,20°C(November 1
to March 31)2 30.0 mg/L 45.0 mg/L Daily Composite Influent&Effluent
Total Suspended Solids2 30.0 mg/L 45.0 mg/L Daily Composite Influent&Effluent
NH3 as N(April 1-October 31) 2.6 mg/L 7.8 mg/L Daily Composite Effluent
NH3 as N(November 1-March 31) 8.9 mg/L 26.7 mg/L Daily Composite Effluent
Dissolved Oxygen3 Daily Grab . Effluent
Fecal Coliform(geometric mean) 200/100 mL 400/100 mL Daily Grab Effluent
Total Residual Chlorine4 28 pg/L Daily Grab Effluent
pH Between 6.0-9.0 Standard Units Daily Grab Effluent
Temperature(°C) Daily Grab Effluent
Total Nitrogen(NO2+NO3+
TKN) Quarterly Composite Effluent
Total Phosphorus Quarterly Composite Effluent
Chronic Toxicity5 Quarterly Composite Effluent
Total Arsenic 152.2 pg/L 184.2 pg/L Monthly Composite Effluent
Total Cyanide 15 pg/L _ 59.1 pg/L Monthly Grab Effluent
Chlorides Quarterly Composite Effluent
Total Copper 19.6 pg/L 19.6 pg/L Monthly Composite Effluent
Total Zinc 152.2 pg/L 152.2 pg/L Monthly Composite Effluent _
Total Thallium 60.1 pg/L Monthly Composite Effluent
Total Mercury8 36.5 ng/L(Annual Average) Quarterly Grab Effluent
Priority Pollutant Scan See condition A.(3)of this permit _
Dissolved Oxygen See Note 6 Grab Upstream,
Downstream
Temperature(°C) See Note 6 Grab Upstream,
Downstream
Conductivity See Note 6 Grab Downtream,
streamFootnotes and conditions are found on the next page.

Attachment A (page 2)
WQ SOC S16-001
Footnotes:
1. Sample Locations: U-Upstream 100 yards above the outfall;D-Downstream at NCSR
1103.
2. The monthly average effluent BOD and TSS concentration shall not exceed 15% of
the respective influent value (85% removal).
3. The daily average dissolved oxygen effluent concentration shall not be less than 5.0
mg/l.
4. The Division shall consider all effluent total residual chlorine values reported below
50 µg/L to be in compliance with the permit. However, the Permittee shall continue to
record and submit all values reported by a North Carolina certified laboratory
(including field certified), even if these values fall below 50 µg/L.
5. Whole Effluent Toxicity shall be measured by the Chronic Toxicity(P/F)test using
Ceriodaphnia dubia at 33%. Testing shall be conducted in January, April, July and
October(see Part A. (2.)). Toxicant sampling shall coincide with toxicity sampling.
6. Instream samples shall be collected three times per week during the months of June—
September and once per week during the remaining months of the year.
7. No later than 270 days from the effective date of this permit, begin submitting
discharge monitoring reports electronically using NC DWR's eDMR application
system. See Special Condition A. (5).
8. The annual average limit becomes effective January 1, 2019. The facility shall use
method 1631E.
Conditions:
• There shall be no discharge of floating solids or visible foam in other than trace
amounts.