WQCS00036_NOV-2020-DV-0004 Response_20200122

P.O. BOX 429 ® KINGS MOUNTAIN, NORTH CAROLINA 28086 ® 704 734 0333
January 22, 2020
W. Corey Basinger
Water Quality Regional Operations Section
610 E. Center Avenue, Suite 301
Mooresville, North Carolina
Mr. Basinger,
Our office received Notice of Violation NOV-2020-DV-0004 on January 13, 2020.
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In response to the Notice of Violation, the cause of the SSO on December 13, 2019 was due to the
amount of rain and 1/1 issues. Currently we have an 1/1 study being done by our engineer. We have also
contracted another company to start a basin wide 1/1 study on January 22, 2020. The pump station will
be upgraded from a 1,000 GPM to a 1,400 GPM station by the end of March 2020. We are also adding a
bypass line for an additional pumping rate, along with continuing to put people out in the field during
rain events to look for possible 1/1 locations and addressing these issues as they arise. Any future
occurrence, we will have multiple pump trucks available to reduce the impact of SSO.
We would appreciate your consideration of these factors when reviewing this SSO. Should you have any
questions please let me know.
Ricky Duncan
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Water Resources Director
City of Kings Mountain
1013 N. Piedmont Avenue
Kings Mountain, N.C. 28086
The Historical City

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Ricky C Duncan
City of Kings Mountain
PO Box 429
Kings Mtn, NC 28086
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2020-DV-0004
Sanitary Sewer Overflows - December 2019
Collection System Permit No. WQCS00036
Kings Mountain Collection System
Cleveland County
Dear Mr. Duncan:
A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Report/s submitted by
City of Kings Mountain. The Division's Mooresville Regional Office concludes that the City of Kings Mountain
violated Permit Condition 1 (2) of Permit No. WQCS00036 by failing to effectively manage, maintain, and operate
their collection system so that there is no SSO (Sanitary Sewer Overflow) to the land or surface waters and the
SSO constituted making an outlet to waters of the State for purposes of G.S. 143-215,1(a)(1), for which a permit
is required by G.S. 143-215.1.
The Mooresville Regional Office is providing the City of Kings Mountain an opportunity to provide evidence and
justification as to why the City of Kings Mountain should not be assessed a civil penalty for the violation(s) that
are summarized below:
Total Vol
Total Surface
Incident Start Duration Vol Water
Number Date (Minn) Location Cause (Gals) (Gals) DWR Action
201901888 12/13/2019 693 Crocker Rd Severe Natural 9,200 9,200 Notice of Violation
Condition Intent to Enforce

This Notice of Violation / Notice of Intent to Enforce (NOV/NOI) is being issued for the noted violation. Pursuant
to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) may be assessed
against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any
permit issued pursuant to'G.S. 143-215.1.
This office requests that you respond to this Notice, in writing, within 10 business days of its
receipt. In your response, you should address the causes of non-compliance, remedial actions, and all other
actions taken to prevent the recurrence of similar situations. The response to this correspondence will be
considered in this process. Enforcement decisions will also be based on volume spilled, volume reaching surface
waters, duration and gravity, impacts to public health, fish kills or recreational area closures. Other factors
considered in determining the amount of the civil penalty are the violator's history of non-compliance, the cost of
rectifying the damage, whether the spill was intentional and whether money was saved by non-compliance.
If you have any questions, please do not hesitate to contact Michael Meilinger or me with the Water Quality Section
in the Mooresville Regional Office at 704-663-1699 or via email at michael.meilincter ncdenr.gov or
corgi basingerCancdenr.gov.
Sincerely,
DocuSigned by:
A14CC681 AF27425...
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
Cc: Mooresville Regional Office - WQS File
Central Files, Water Quality Section