NC0020737_Special Order by Consent WQ S16-001_20171116

NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF CLEVELAND
IN THE MATTER OF )
NORTH CAROLINA ) SPECIAL ORDER BY CONSENT
NPDES PERMIT NCO020737 ) EMC SOC WQ S16-001 Ad I
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. 14313-282, and hereinafter referred to as the Commission:
The City and the Commission hereby stipulate the following:
(a) The City holds North Carolina NPDES Permit NCO020737 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
NCO020737 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.
RECEIVED; NMEWWR
OCT 16 2017
Water Quality
Permitting Section

City of Kings Mountain — Pilot Creek WWTP
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(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 (Met)
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, 2020
(c) The City shall comply with all terms and conditions of NPDES Permit NCO020737 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 NCO020737 in effect.
Permit Limits Modified Limits (SOC)
Parameters Monthl}Avjz. Daily Max. Monthly Avg. Daily Max.
Thallium 1.43 µg/L 1.43 µg/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.

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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
$25,000.00
permit limits at final compliance deadline
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 /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. 15013-23, 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.
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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those contained in Attachment A of this Special Order by Consent, except as modified and
contained in paragraph 2(d) above.
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, 2020.
For the City of Kings Mountain:
Ricky C"'Duncan, Water Resources Director Date
For the North Carolina Environmental Management Commission:
S. Jay Zimmerman, P.G., Director
Division of Water Resources
Date