NC0004961_Special Order By Consent_20161110

Water Resources
ENVIRONMENTAL QUALITY
November 10, 2016
Mr. Harry K. Sideris, Senior Vice President - Environmental, Health & Safety
Duke Energy
526 South Church Street
Mail Code EC3XP
Charlotte, North Carolina 28202
Subject: SPECIAL ORDER BY CONSENT
SOC No. S16-005
Duke Energy Carolinas, LLC — Riverbend Steam Station WWTP
NPDES Permit NC0004961
Gaston County
Dear Mr. Sideris:
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Secretary
S. JAY ZIMMERMAN
Director
NOV 14 2010
CENTRAL FILLS
DWR SECTION
Attached for your records is a copy of the signed Special Order by Consent approved by the Environmental
Management Commission.
The terms and conditions of the Order are in full effect, including those requiring submittal of written notice of
compliance or non-compliance with any schedule date
Pursuant to North Carolina General Statute 143-215.3D, water quality fees have been revised to include an
annual fee for activities covered under a Special Order by Consent. Duke Energy Carolinas, LLC will be
subject to a fee of $500.00 on a yearly basis while under the Order. The initial fee payment will be invoiced at a
later date, with future fee invoicing done on an annual basis.
If you have any questions concerning this matter, please contact the Division of Water Resources' Water
Quality Regional Operations staff in the Mooresville Regional Office at [phone], or Bob Sledge at (919)
807-6398.
Sincerely,
S. ay mmerman, P.G.
Attachment
cc: Central Files
NPDES Unit — SOC File
Mooresville Regional Office — DWR/Water Quality Regional Operations
ec: Sara Janovitz — EPA Region 4
State of North Carolina I Environmental Quality I Water Resources
1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919-707-9000

NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF GASTON
IN THE MATTER OF )
NORTH CAROLINA )
NPDES PERMIT NC0004961 1
HELD BY )
DUKE ENERGY CAROLINAS, LLC )
SPECIAL ORDER BY CONSENT
EMC SOC WQ S16-005
Pursuant to provisions of North Carolina General Statute (G.S.) 143-215.2, this Special Order by
Consent is entered into by Duke Energy Carolinas, LLC, hereinafter referred to as Duke Energy
Carolinas, 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. Duke Energy Carolinas and the Commission hereby stipulate the following:
a. Duke Energy Carolinas was issued North Carolina NPDES permit NC0004961 on
February 12, 2016 (effective March 1, 2016) for operation of an existing
wastewater treatment works at Riverbend Steam Station and for discharging
treated wastewater to the Catawba River (Mountain Island Lake) and associated
tributaries and wetlands, Class WS -IV waters of this State in the Catawba River
Basin.
b Duke Energy Carolinas is responsible for unauthorized discharges of wastewater
from the area around Rrverbend Steam Station's coal ash surface impoundments,
as alleged in a Notice of Violation issued by the Department of Environmental
Quality (Department) on March 4, 2016 (subsequently modified on March 24,
2016). These unauthorized discharges are the result of Duke Energy Carolinas'
operation of unlined coal ash surface impoundments and emanate from the
unlined coal ash surface impoundments The unauthorized discharges are all of a
similar nature, composition, and character, but vary in location and volume.
Collectively, the volume of these discharges is low compared to the volume of
permitted wastewater discharges from the station. Seeps are typical in earthen
dams. Seeps can be seasonal and/or transient in nature. However, seepage can still
constitute an unauthorized discharge
C. Noncompliance with final effluent limits and unauthorized discharges constitute
causing and contributing to pollution of the waters of this State named above, and
Duke Energy Carolinas is within the jurisdiction of the Commission as set forth in
G.S Chapter 143, Article 21.

EMC SOC WQ S 16-005
Duke Energy Carolinas, LLC — Riverbend Steam Station WWTP
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d. Duke Energy Carolinas is potentially unable to comply with effluent limits for pH
and Total Hardness as established by NPDES permit NC0004961 (February 12,
2016) for Outfalls 101 —112.
e. In 2014, Duke Energy Carolinas conducted a survey of the Riverbend Steam
Station to identify potential unauthorized discharges resulting from seepage from
the coal ash surface impoundments and submitted an application to include those
discharges in an NPDES permit Beginning in 2015, Duke Energy has
implemented semi- annual surveys to identify any new discharges. Additional
areas of wetness have been observed and documented during these surveys and
reported to the Department pursuant to a Discharge Identification Plan.
f. Duke Energy has begun closing the coal ash surface impoundments at the
Riverbend Steam Station, to be completed by August 1, 2019, as required by
order of the North Carolina Superior Court, 13 -CVS -9352 (June 1, 2016,
Mecklenburg Co.) and North Carolina Session Law 2014-122, Sections 3(b) -(c).
g. Completion of the closure activities referenced in subparagraph (f) will eliminate
the seeps from the ash basms at the Riverbend Steam Station.
h. Since this Special Order is by consent, neither party shall file a petition for a
contested case or forjudicial review concerning its terms.
2. Duke Energy Carolinas, desiring to comply with the terms of the permit identified in
paragraph 1 a. and to resolve the matters of the unauthorized discharges in paragraph l .b.
above, hereby agrees to do the following:
a. Pay up -front penalties in the following amounts.
1) As settlement of all alleged violations due to unauthorized discharges via
seepage at Riverbend Steam Station prior to entering this Special Order by
Consent identified on or before December 31, 2014, Duke Energy
Carolinas agrees to an up -front penalty in the amount of $4,000 for each of
the twelve seeps identified in Condition A.(16.) of NPDES permit
NC0004961. A certified check in the amount of $48,000 must be made
payable to the Department of Environmental Quality and sent to the
Director of the Division of Water Resources (DWR) at 1617 Mail Service
Center, Raleigh, North Carolina 27699-1617 by no later than fifteen (15)
days following the date on which this Order is approved and executed by
the Commission and received by Duke Energy Carolinas. Except as
otherwise provided herein, payment of the up -front penalties does not
absolve Duke Energy Carolinas of its responsibility for the occurrence or
impacts of any unauthorized discharges in the area of the Riverbend Steam
Station that may be discovered in the future, nor does payment preclude

EMC SOC WQ S 16-005
Duke Energy Carolinas, LLC — Riverbend Steam Station WWTP
p. 3
DWR from taking enforcement action for additional violations of the
State's environmental laws.
2) As settlement of all alleged violations due to unauthorized discharges via
seepage at Riverbend Steam station prior to entering this Special Order by
Consent identified between January 1, 2015 and the date of this Special
Order by Consent, Duke Energy agrees to an up -front penalty in the
amount of $250 for each seep, the lesser penalty reflecting Duke Energy's
submission and implementation of the Plan for the Identification of New
Discharges in accordance with the North Carolina Coal Ash Management
Act. There will be no civil penalty assessed for this tune period.
b. Undertake the following activities in accordance with the indicated time schedule -
1) Within 14 days of the effective date of this Special Order, Duke Energy
Carolinas shall move to voluntarily dismiss its Petition for Contested Case
Hearing challenging NPDES permit NC0004961 (February 12, 2016).
2) Within 180 days of completion of all surface impoundment closure
activities at Riverbend, the facility shall determine if a jurisdictional seep
meets the state water quality standards established in 15A N.C.A.C. 2B
0200 and submit the results of this determination to DWR for evaluation.
Duke Energy Carolinas shall address newly identified discharges as follows.
1) The discharges shall be identified as outfalls with the next number in a
sequence following Outfall 112. They shall be subject to the same effluent
limitations and monitoring requirements for Outfalls 101-112 contained in
NPDES permit NC0004961 (February 12, 2016), except that monitoring
frequency shall not be reduced to quarterly until one year from the date of
identification. If, during the term of this Special Order, Duke Energy
Carolinas identifies seepage in a new location, Duke Energy Carolinas
shall comply with the terms of the NPDES permit issued on February 12,
2016 and this Special Order as to discharges from those areas, which shall
be considered covered by the terms of this Special Order.
2) If, during the term of this Special Order, Duke Energy Carolinas receives a
jurisdictional determination from the U.S. Army Corps of Engineers
identifying a previously uncharactenzed discharge as a jurisdictional water
of the United States, Duke Energy Carolinas will assess the jurisdictional
water for compliance with water quality standards and implement one of
the options set out in Condition A.(16.) of NPDES permit NC0004691
(February 12, 2016); however, interim standards for pH and Total
Hardness set forth below in paragraph 2 e. and Attachment A of this
Special Order by Consent shall apply rather than the pH and Hardness
limits contained in NPDES permit NC0004961 (February 12, 2016).

EMC SOC WQ S16-005
Duke Energy Carolinas, LLC — Riverbend Steam Station WWTP
p. 4
3) As long as Duke Energy Carolinas remains in compliance with the terms
of this provision, NPDES permit NC0004961 (February 12, 2016), and the
Coal Ash Management Act, DWR shall not assess civil penalties for
newly identified discharges resulting from seepage unless the newly
identified discharge is causing a violation of water quality standards in the
receiving waters
d. Duke Energy Carolinas will submit quarterly progress reports summarizing the
work and activities undertaken with respect to closure of coal ash surface
impoundments at the Riverbend Steam Station. The reports are to be submitted as
follows: one copy must be mailed to the Mooresville Regional Supervisor,
Division of Water Resources/Regional Water Quality Operations Section, 601
East Center Avenue, Suite 301, Mooresville, NC 28115, and one copy must be
mailed to the Water Quality Permitting Program, Division of Water Resources,
1617 Mail Service Center, Raleigh, NC 27699-1617. The quarterly reports are due
in each respective office no later than the last day of January, April, July, and
October for the duration of this Order
e. Duke Energy Carolinas will comply with all terms and conditions of NPDES
permit NC0004961 (February 12, 2016). permit except 1) Condition A.(16.) as it
applies to Outfall 102 and 2) effluent limitations for Total Hardness and pH as
they apply to Outfalls 101-112.
Attachment A contains all current monitoring requirements and effluent limits
associated with Outfalls 101-112 as contained in NPDES permit NC0004961
(February 12, 2016). Duke Energy Carolinas may also be required to momtor for
other parameters, as deemed necessary by the Director of DWR, in future permits
or administrative letters During the time in which this Special Order by Consent
is effective, Duke Energy Carolinas shall comply with the interni effluent limits
for Total Hardness and pH as listed in the table below.
Under this Special Order by Consent, ONLY the items listed below have been
modified from the NPDES permit NC0004961 (February 12, 2016) in effect for
Outfalls 101-112 and any subsequently added outfalls•
Parameter Permit Limit Interum Limits (SOC)
pH 6.0-9.0 standard units 4.0-9.0 standard units
Total Hardness 100.0 mg/L monthly average 200 mg/L monthly average
100.0 mg/L daily average 200 mg/L daily average
f. No later than fourteen (14) calendar days after any date identified for
accomplishment of any activity listed in paragraph 2.b. above, submit to the
Director of DWR written notice of compliance (including the date compliance
was achieved along with supporting documentation if applicable) or
noncompliance therewith. In the case of noncompliance, the notice shall include a

EMC SOC WQ S16-005
Duke Energy Carolinas, LLC — Riverbend Steam Station WWTP
p. 5
statement of the reason(s) for noncompliance, remedial action(s) taken, and a
statement identifying the extent to which subsequent dates or tunes for
accomplishment of listed activities may be affected.
g. Duke Energy Carolinas will operate its coal ash surface impoundments to
minunize any adverse impacts to the surface waters.
h. Duke Energy Carolinas shall continue to implement improvements to its
environmental management system to strengthen its compliance programs. This
improved environmental management system is based on International
Orgamzation for Standardization (ISO) 14000 standards as well as meets United
States Environmental Protection Agency recommended systems Duke Energy
Carolinas shall submit semi-annual reports due July 31st and January 31st of each
year covering the preceding first and second halves on the status of
implementation of improvements to its environmental management system.
1. Duke Energy Carolinas shall make available on its external website the NPDES
permit, this Special Order by Consent and all reports required under this Special
Order.
Within 30 days following a request by the Department, Duke Energy shall
provide all techmcal information necessary for the Department to complete a
Reasonable Potential Analysis calculation to predict the effects of the total seep
flow on the Catawba River.
Duke Energy Carolinas agrees that unless excused under paragraph 4, Duke Energy
Carolinas will pay the Department, by check payable to the North Carolina Department
of Environmental Quality, stipulated penalties according to the following schedule for
failure to perform activities described in section 2., or for failure to comply with interum
effluent limitations established in paragraph 2e.
Failure to meet a schedule date
$1,000 per day
Failure to comply with a modified effluent
$1,000 for exceeding monthly average limit;
limit
$500 for exceeding daily average limit.
Monitoring frequency violations for modified
$100 per omitted value per parameter.
parameters;
Failure to submit required reports or post
$1,000 for the first violation; penalty
required reports on website;
doubles with each subsequent assessment for
late reports.
Failure to eliminate all unauthorized
discharges associated with the Riverbend
Steam Station's coal ash surface
$50,000
impoundments or achieve consistent
compliance with final effluent limits

EMC SOC WQ S16-005
Duke Energy Carolinas, LLC — Riverbend Steam Station WWTP
P.
established by NPDES permit NC0004961 by
the expiration date of this Order.
4. Duke Energy Carolinas and the Commission agree that the stipulated penalties are not
due if Duke Energy Carolinas satisfies DWR that noncompliance was caused solely by:
a. An act of God;
b. An act of war;
6
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.
f. 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. I5013-23, 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. 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.
This Special Order by Consent and any terms 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 NC0004961. In the event of an NPDES permit modification or renewal, any
effluent linut or monitoring requirements contained therein shall supersede those
contained in Attachment A of this Special Order by Consent, except as modified and
contained in paragraph 2 e above.
7 This Special Order by Consent may be amended provided the Department is satisfied that
Duke Energy Carolinas has made good faith efforts to secure funding, complete all
construction, and achieve compliance within the dates specified.
8. Failure to meet the scheduled date identified in paragraph 2.a. will terminate this Special
Order by Consent and require Duke Energy Carolinas to comply with the terms and
conditions contained in the permit identified in paragraph La.

EMC SOC WQ S16-005
Duke Energy Carolinas, LLC — Riverbend Steam Station WWTP
p. 7
9. In addition to any other applicable requirement, each report required to be submitted by
Duke Energy under this Special Order by Consent shall be signed by a plant manager or a
corporate official responsible for environmental management and compliance, and shall
include the following certification:
I certify under penalty of law that this document and all
attachments were prepared under my direction or supervision in
accordance with a system designed to assure that qualified
personnel properly gather and evaluate the information submitted.
Based on my inquiry of the person or persons who manage the
system, or those persons directly responsible for gathering the
information, the information submitted is, to the best of my
knowledge and belief, true, accurate, and complete. I am aware
that there are significant penalties for submitting false information,
including the possibility of fine and imprisonment for knowing
violations.
10. This Special Order by Consent shall become effective in accordance with state law, and
once effective, Duke Energy Carolinas shall comply with all schedule dates, terms, and
conditions herein.
This Special Order by Consent shall expire on September 1, 2020.
For Duke Energy Carolinas, LLC:
Harry Sideris
Senior Vice President, Environmental, Health & Safety
9/9/2016
Date
For the North Carolina Environmental Management Commission:
GA) // //y %/�o
/jam Chai f Vtoininission Date

ATTACHMENT A
EMC SOC WQ S16-005
Duke Energy Carolinas, LLC — Riverbend Steam Station
EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS — INTERIM
During the period beginning on the effective date of this Special Order by Consent and lasting until
expiration, the Permittee is authorized to discharge from outfalls 101 — 112 (Seep Discharges). Such
discharges shall be limited and monitored' by the Permittee as specified below. Note that conditions
for only those parameters indicated in Bold have been modified from the terms of NPDES permit
NC0004961.
EFFLUENT
CHARACTERISTICS
LIMITS
Monthly Daily,
Average Maximum
MONITORING REQUIREMENTS
Measurement
Frequency2 Sample Type Sample Location
Flow, MGD
Monthly/ uarterl
Estimate
Effluent
pH3
Month ly/Quarterly
Grab
Effluent
Fluoride
1.8 m /L
18 m /L
Month ly/Quarterly
Grab
Effluent
Total Mercu 4, n /L
Monthly/Quarterly
Grab
Effluent
Total Barium
10 m /L
1.0 m /L
Month' /Qu arterly
Grab
Effluent
Total Iron, m /L
Monthl Quarterly
Grab
Effluent
Total Manganese, /L
Monthl Quarterly
Grab
Effluent
Total Zinc, /L
Monthl lQuarterly
Grab
Effluent
Total Arsenic
10 0 /L
50.0 /L
Month ly/Quarterly
Grab
Effluent
Total Cadmium
2 0 /L
15.0 /L
Month ly/Quarterly
Grab
Effluent
Total Chromium
50.0 /L
1,022 0 /L
Month' /Qu arterly
Grab
Effluent
Total Copper, /L
Monthly/ uarterl
Grab
Effluent
Total Lead, /L
25 0 /L
33 8 /L
Month ly/Quarterly
Grab
Effluent
Total Nickel
25.0 /L
25.0 N /L
Month' /Qu arterly
Grab
Effluent
Total Selenium
5.0 /L
56 0 /L
Monthly/Quarterly
Grab
Effluent
Nitrate as N
10 0 m /L
10.0 m /L
Monthl/Quarterly
Grab
Effluent
Sulfates
250.0 m /L
250 0 m /L
Month' /Qu arterly
Grab
Effluent
Chlorides
250.0 m /L
250.0 m /L
Month' /Qu arterly
Grab
Effluent
TDS
500.0 m /L
500.0 m /L
Month ly/Quarterly
Grab
Effluent
Total Hardness, mg/L
200.0 mg/L
200.0 mg/L
Monthl lQuarterly
Grab
Effluent
TSS
30 0 m /L
100 0 m /L
Monthly/Quarterly
Grab
Effluent
Oil and Grease
15.0 m /L
20.0 m /L
Month' /Qu arterly
Grab
Effluent
Temperature, OC
Month ly/Quarterly
Grab
Effluent
Specific Conductance, mho/cm
Monthl/Quarterly
Grab
Effluent
Notes:
1. No later than 270 days from the effective date of this permit, begin submittmg discharge monitoring reports
electronically using NC D"'s eDMR application system See NPDES permit NC0004961 Condition A.
(18.).
2. The facility shall conduct monthly sampling from the effective date of NPDES permit NC0004961. After
one year from the effective date of the NPDES permit the monitoring will be reduced to quarterly
3. The pH shall not be less than 4.0 standard units nor greater than 9.0 standard units.
4. The facility shall use EPA method 1631 E.
If the facility is unable to obtain a seep sample due to the dry or low flow conditions preventing the facility from
obtaining a representative sample, the "no flow" should be reported on the DMR. This requirement is
established in the Section D of the Standard Conditions of NPDES permit NC0004961 and 40 CFR 122.41
There shall be no discharge of floating solids or visible foam in other than trace amounts.

incer y,
S. Jay Zimmerman, Director
Division of Water Resources
cc:W mington Office Supervisor
entral Files
NPDES file