WQCS00036_Complete File - Historical_20171231

FILE,,r
. NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
October 15, 2010
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
# 7009 2250 0004 3265 7206
Mr. Dennis Wells, Water Resources Director
City of Kings Mountain
1013 N Piedmont Ave
Kings Mountain, North Carolina 28086
Subject: Notice of Violation and
Recommendation for Enforcement
Tracking No. NOV-2010-DV-0354
Collection System Permit
Number WQCS00036
City of Kings Mountain
Cleveland County
Dear Mr. Wells:
Ls
Dee Freeman
Secretary
A review has been conducted of the City of Kings Mountain's self reported Sanitary
Sewer Overflows (SSOs) 5-Day Report(s) for September 2010. This review has shown Kings
Mountain to be in violation of the requirements found in Collection System Permit WQCS00036
and/or G.S. 143-215.1(a)(1). The violations that occurred during September 2010 are
summarized in Attachment A.
Remedial and corrective actions, if not already implemented, should be taken to prevent
further SSOs. As of December 1, 2007, any reportable SSO may be issued a Notice of Violation
(NOV) and some may be assessed a civil penalty. Civil penalties will be issued for SSOs based
on volume, volume reaching surface waters, duration and gravity, impacts to public health, fish
kills, and recreational area closures. Other factors considered in determining the amount of the
civil penalty are the violator's history of spills, the cost of rectifying the damage, whether the
spill was intentional, and whether money was saved by non-compliance.
Mooresville Regional Office
Location: 610 East Center Ave.; Suite 301 Mooresville, NC 28115 One
Phone: [phone] \ Fax: [phone] \ Customer Service: 1-877-623-6748 INorthCarolina
Internet: www.ncwaterquality.org '9�'9�.�c�rN� //� ,
An Equal Opportunity 1 Affirmative Action Employer— 50%, Recycled110% Post Consumer paper � �/ l l` ll

Attachment A
City of Kings Mountain Collection System
September 2010
24 Hour
5`DayVol..
Cause: Other
Permit # Location Incident # Start Date
Gallons
Reaching Surface NOV Case
Violation Action (Please explain
Water
in Part II
WQCS00036 Second Street PS 20.1002585 09/17/10
5000
5000 NOV-2010-DV-0354
Proceed to Yes
Enforcement
7009 2250 0004 3265.7206
r,\
- -' _M
o, o
STAL SERVICE
I
y � a
First -Class Mail •,
a in 3
■
Postage & Fees Paid
USPS
D D Z C� �a a
Permit No. G-10
Cr7 y
•
o a� a• ID
Please print your name, address,
and ZIP+4 in this box •
od
,
o
e
_ nz>X�
I; - --
m
CA
rn Z z -,
SURFACE WATER PROTECTION
%
d z
0 :
■ ' 610 EAST CENTER AVE
H
o m
r
� '�'�
SUITE 301
IMOORESVILLE
� n
��
qm
mm
��
`d
NC 28115
o" 00
o0
0 �v
is��,ii�ti�,,,i�„�llflri�,,i�i:i�i�f►��li��i�i�i,�ifio„,li�i

40,
RECEIVED
DIVISION OF WATER QUALITY
THE CITY OF KINGS MOUNTAIN
O C T 2 1 2010 NORTH CAROLINA
P.O. BOX 429-KINGS MOUNTAIN, NORTH CAROLINA, 28086 —Phone [phone] - FAX [phone]
QORESVILLE REGIONAL OFFICE
DENNIS WELLS, WATER RESOURCES DIRECTOR
E-MAIL [e-mail]
October 19, 2010
Robert B. Krebs
Surface Water Protection Section Supervisor
Division of Water Quality
Mooresville Regional Office
Dear Mr. Krebs:
This letter is in response to the Notice of Violation received by the City of Kings Mountain on
October 15'h from your office. The tracking number is NOV-2010-DV-0354. I wanted to
explain in detail the events that lead to the SSO occurring at our lift station located on Second
Street. We sent two employees to this location as part of our bi-weekly lift station inspections
on Friday, September 17"', 2010. The employees noticed that the float switches in the wet
well had some debris on them and were attempting to clean them. This activated the audible
and visual "alarms.` One of .our employees thought" .he was, turning- _,the:=audible alarms% off,
When' ' .in _ reality, he turned off..the control. power. to" ,the , lift station:, ,After .cleaning- -was
completed;, neither employee, turned on the control power. Our, cellular lift station, monitor
receives power directly from the main power supply, and as such, it -did not lose: power during
this time. We have multiple alarms at this site, including high water level one, high.water level
two, lag pump on, power failure, dry well high water. All of these alarms excluding power
failure; -,Were deactivated when the control power was switched off. This is the reason we were
,not aware of any problems until we visited the site on Monday, Sept 20'', 2010. We have
determined that the two industries discharging into this station were shut down from around
lunch time on Friday until. Monday morning. This greatly reduced the SSO amount and any
damage- to the surface waters. I have been over the Collection system here in Kings
Mountain since January 8, 2001 and Ricky Duncan has been supervisor over this division
since July 2004, and this is the first instance of this happening. We have spent the last six
years trying to bring our facilities up to date and assure that our streams are protected from
such overflows. All of our lift stations have cellular monitors with at least five different alarm
points. We checK the .stations bi-weekly which is twice the required amount to ensure that
everything is working properly..All of our alarms are checked each Friday, and generators are
ran under load each Monday. We feel that due to operator error and the fact that this has not
occurred since I took this position in 2004, this SSO should not be considered, for a civil
penalty. This incident did not meet several of the factors mentioned in. your letter.as reasons
for a penalty, some of which are, the spill was not. intentional, money was not.saved.by the
City due to non-compliance, there were no. fish kills; no impact to recreational areas; and.no:
impact,to public health. ,i. askthat you consider all, of this evidence.,and Conclude, that this is.
hot.a. case for` a `civil penalty assessment if, you -require further information,, feel. free,to.contact
me. My contact information Is b"elow or, you ma, contact -
_ at ,704-477-2928 or
you can email him, at rickyd(a�cityofkm.com
The Historical City

w + Page 2 October 19, 2010
Thank you for your consideration this matter.
Sincerely,
'0.", 4)'t4
Dennis Wells
Water Resources Director
City of Kings Mountain
P.O. Box 429
Kings Mountain, NC 28086
Office Phone: [phone]
Cell Phone [phone]
Fax: [phone]
E-mail: den nisw(a)-cityofkm.com

4
A`P�®
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
February 19, 2010
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
4 7008 1140 0002 27161626
Mr. Dennis Wells, Water Resources Director
City of Kings Mountain
1013 N Piedmont Ave
Kings Mountain, North Carolina 28086
Subject: Notice of Violation and
Recommendation for Enforcement
Tracking No. NOV-2010-DV-0090
Collection System Permit
Number WQCS00036
City of Kings Mountain
Cleveland County
Dear Mr. Wells:
Dee Freeman
Secretary
A review has been conducted of the City of Kings Mountain's self reported Sanitary
Sewer Overflows (SSOs) 5-Day Report(s) for January 2010. This review has shown Kings
Mountain to be in violation of the requirements found in Collection System Permit WQCS00036
and/or G.S. 143-215.1(a)(1). The violations that occurred during January 2010 are summarized
in Attachment A.
Remedial and corrective actions, if not already implemented, should be taken to prevent
further SSOs. As of December 1, 2007, any reportable SSO may be issued a Notice of Violation
(NOV) and some may be assessed a civil penalty. Civil penalties will be issued for SSOs based
on volume, volume reaching surface waters, duration and gravity, impacts to public health, fish
kills, and recreational area closures. Other factors considered in determining the amount of the
civil penalty are the violator's history of spills, the cost of rectifying the damage, whether the
spill was intentional, and whether money was saved by non-compliance.
Mooresville Regional Office
Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115
Phone: [phone] \ Fax: [phone] \ Customer Service: 1-877-623-6748
Internet: www.nr-waterquality.org
An Equal Opportunity \ Affirmative Action Employer— 50% Recycledl10% Post Consumer paper
NorthCarolina
Naturally

Mr. Dennis Wells
NOV-2010-DV-0090
Page 2
Be advised that G.S. 143-215.6A provides for a civil penalty assessment of not more than
twenty-five thousand dollars ($25,000), or twenty-five thousand dollars ($25,000) per day when the
violation is of a continuing nature, against any person who is required but fails to apply for or to
secure a permit required by G.S. 143-215.1. Penalties may also be assessed for any damage to the
surface waters of the State that may result from the unpermitted discharge.
The SSOs noted in Attachment A under violation action as "Proceed to Enforcement" are
the overflows that the regional -office has determined, after review of the CS-SSO 5-day report,
that may result in a civil penalty. assessment. You have 15 days from receiving this Notice of
r:+• �--..� - 'ram r,:'_} Jh4--"I j-" _^� 'istification for the identified SSOs as to why
i l this letter for civil penalty assessment. If you
e do not hesitate to contact Mr. Lon Snider or
�4.
�cz o
CM Z 0 FEB 2 3 2010
U m a'€ .0
ti Ir
sincerely,
W
U
W
U)
ru
I�
�ru
cu
U
� LU
N
Hobert B. Krebs
C°
0>
surface Water Protection Section Supervisor
E
Q
w
z
)ivision of Water Quality
cc
Q z
J
_
l✓Iooresville Regional Office
A
LU F— 0-
U cn
N
w
-
_
aLL
m
w H
°C o
O0
O
cNa
vn to cn
m
Postage I $
ni Certified Fee
C3 Return Receipt Fee
O Here (Endorsement Required) P k,'
Here
Restricted Delivery Fee f
(Endorsement Required) I
� •�
r-1 Total MR DENNIS WELLS,WATER
sentT RESOURCES DIRECTOR
CITY OF KINGS MOUNTAIN
Street,
ocPoi 1013 N. PIEDMONT AVE
clfy A KINGS MOUNTAIN NC 28086
swp/]s 2/19/10 ...........
i

Attachment A
Kings Mountain Collection System
January 2010
5 Day Vol.
Cause:
Cause: Other
Hour
Permit # Location Incident # Start Date
Reaching NOV Case
Violation Action
Inflow and
(Please explain Cause: Pipe
G
Gallons
Failure (Break)
Surface Water
Infiltration
in Part II)
WQCS00036 Beason Creek PS 201000380 01/24/10 5000
5000
No Action, BPJ
Yes
No No
WQCS00036 Long Branch PS 201000430 01/29/10 7000
7000 NOV-2010-DV-0090
Proceed to
No
Yes Yes
Enforcement

THE CITY OF ]KINGS MOUNTAIN
P.O. BOX 429 o KINGS MOUNTAIN, NORTH CAROLINA 28086 • 704-734-0333
Ricky Duncan
City of Kings Mountain
1013 N. Piedmont Avenue
Kings Mountain, N.C. 28086
February 24, 2010
Robert B. Krebs
Surface Water Protection Section Supervisor
Division of Water Quality
Mooresville Regional Office
Dear Mr. Krebs:
MAR 2010
This letter is in response to the SSO that occurred on 1/29/2010 on our Long Branch pump station
force main. This force main is a 12" AC pipe that is approximately 40 years old. We have had previous
breaks on this force main and as such, we check this line twice per week as part of our routine pump
station inspection. We stock the appropriate materials to repair any breaks. From the time of notification
of this break by our pump inspector to complete repair was under four hours. This line is around two
miles in length and would cost a considerable amount of money to replace. We have and will continue
to seek grants and other sources of financing to get this line replaced. It is our number one priority to
update this force main. Until such time as financing is made available, we will continue to monitor this
line twice per week and maintain a supply of parts to repair. This .particular break was due to a repair
band failure on a previous break. When we excavated the pipe, we discovered that it was leaking from
one end of the repair band. We installed a new repair band and expect that this should solve the
problem in this section.
Sincerely,
/'�
QCC4'--��
Ricky Duncan
Collection System ORC
City of Kings Mountain
Permit # WQCS 000036
The Historical City

Am j
Q=�
I LE
NCDENR LS
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
November 21, 2011
Mr. Dennis Wells, Water Resources Director
City of Kings Mountain
1013 N Piedmont Ave
Kings Mountain, North Carolina 28086
Subject: Notice of Violation and
Recommendation for Enforcement
Tracking No. NOV-2011-DV-0280
Collection System Permit
Number WQCS00036
City of Kings Mountain
Cleveland County .
Dear Mr. Wells:
A review has been conducted of the City of Kings Mountain's self reported Sanitary
Sewer Overflows (SSOs) 5-Day Report(s) for October 2011. This review has shown Kings
Mountain to be in violation of the requirements found in Collection System Permit WQCS00036
and/or G.S. 143-215.1(a)(1). The violations that occurred during October 2011 are summarized
in Attachment A.
Remedial and corrective actions, if not already implemented, should be taken to prevent
further SSOs. As of December 1, 2007, any reportable SSO may be issued a Notice of Violation
(NOV) and some may be assessed a civil penalty. Civil penalties will be issued for SSOs based
on volume, volume reaching surface waters, duration and gravity, impacts to public health, fish
kills, and recreational area closures. Other factors considered in determining the amount of the
civil penalty are the violator's history of spills, the cost of rectifying the damage, whether the
spill was intentional, and whether money was saved by non-compliance.
Mooresville Regional Office
Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115 One
Phone: [phone] \ Fax: [phone] \ Customer Service: 1-877-623-6748 NorthCarohna
Internet: www.ncwaterquality.org '/y�'/
An Equal Opportunity \Affirmative Action Employer— 50% Recycled/10% Post Consumer paper �atut lli

Mt. Dennis Wells
NOV-2011-DV=0280
.page#2:_.;.,.
.1,
Be advised that G.S. 143-215.6A provides for a civil penalty assessment of not more than
twenty-five thousand dollars ($25,000), or twenty-five thousand dollars ($25,000) per day when the
violation is of a continuing nature, against any person who is required but fails to apply for or to
secure a permit required by G.S. 143-215.1. Penalties may also be assessed for any damage to the
surface waters of the State that may result from the unpermitted discharge.
The SSOs noted in Attachment A under violation action as "Proceed to Enforcement" are
the overflows that the regional office has determined, after review of the CS-SSO 5-day report,
that may result in a civil penalty assessment. You have 20 days from receiving this Notice of
Violation letter to provide any additional justification for the identified SSOs as to why
these spills do not meet the criteria listed in this letter for civil penalty assessment. If you
have any questions regarding this policy please do not hesitate to contact Mr. Lon Snider or
myself at 704-663-1699.
Sincerely,
Robert B. Krebs
Surface Water Protection Section Supervisor
Division of Water Quality
Mooresville Regional Office
Attachments
Cc: ORC System —Rick Duncan
PERCS Files

.0.
Permit #
WQCS00036
Location
Mainer & Brooklee
Attachment A
City of Kings Mountain Collection System
October 2011
5 Day Vol.
Incident # Start Date 24 Hour Gallons Reachina
Surface Water
201102122 10/01 /11 500 500
NOV Case Violation Action Cause:
Roots
NOV-2011-DV-0280 Proceed to NOV Yes

THE CITY OF KINGS MOUNTAIN
P.O. BOX 429 • KINGS MOUNTAIN, NORTH CAROLINA 28086 • 704-734-0333
Dennis Wells
Water Resources Director
City of Kings Mountain
P. O. Box 429
Kings Mountain, NC 28086
November 29, 2011
Robert B. Krebs
Surface Water Protection Section Supervisor
Division of Water Quality
610 East Center Avenue, Suite 301
Mooresville,.NC 28115
Dear Mr. Krebs:
RECEIVED
DIVISIC;+.a OF WATER QUALITY
DEC 1 2011
1ViOOREa; o: y.: REGIONAL OFFICE
This letter is in response to a Notice of Violation received by the City of Kings Mountain from your
office. The tracking number is NOV-2011-DV-0280. The spill referenced is one that occurred on Manor
Road and Brooklee Drive. The manhole had a root curtain that blocked the effluent piping and allowed
grease to build and obstruct the flow. We responded to a sewer odor complaint on 10/01/11 at 3:09 PM.
At 4:00 PM, two workers were on site and had the SSO under control within the hour. The total spill was
estimated to be 500 gallons, with some portion of this reaching surface water. We removed the root
curtain and flushed the area with water.
This is the first occurrence in this area of a spill caused by roots. We regularly monitor areas that have a
history of root problems with our camera and remove any known issues. This spill does not meet certain
criteria set forth in your letter such as fish kill, impacts to recreational areas, and impacts to public health,
intentional spill, and money savings due to non-compliance.
We ask that you consider the cause of the spill and the lack of any history -of roots in this section of our
system as reasons for not issuing any civil penalties in this case.
If you need further information regarding this matter, please contact me at the number listed below.
Sincerely,
" L)Z/A
Dennis Wells
Water. Resources Director.
City of Kings Mountain, NC
Cell: 704-472-1145
Email: [e-mail]
DW/vlr
The Historical City

FILE2�
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
November 23, 2010
Mr. Dennis Wells, Water Resources Director
City of Kings Mountain
1013 N Piedmont Avenue
Kings Mountain, North Carolina 28086
Subject: Enforcement Tracking No. NOV-2010-DV-0354
Collection System Permit
Number WQCS00036
City of Kings Mountain
Cleveland County
Dear Mr. Wells:
Upon review of the City of Kings Mountain's letter dated October 19, 2010, the
Mooresville Regional Office is not pursuing any enforcement actions against the City of Kings
Mountain for SSO's that occurred during the month of September, 2010.
Thank you for your response and if you have any questions regarding this letter please do
not hesitate to contact Mr. Lon Snider 704-663-1699.
Sincerely,
Robert B. Krebs
Surface Water Protection Section Supervisor
Division of Water Quality
Mooresville Regional Office
Cc: ORC System — Ricky Duncan
Mooresville Regional Office
Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115 �TthOne 1
Phone: [phone] \ Fax: [phone] \ Customer Service: 1-877-623-6748 1v o CaT011nc`l
Internet: www.ncwaterquality.org Naturally
An Equal Opportunity \Affirmative Action Employer— 50% Recycled/10% Post Consumer paper

0FvvHiFR
p . OG
tni1�1r
fay �d'y'A
Michael F. Easley, Governor
William G. Ross, Jr., Secretary
North Carolina Department of Environment and Natural Resources
24 June 2008
CERTIFIED MAIL
RETURN RECIEPT REQUESTED
7007-1490-0004-45 09-5 652
Mr. Edgar O. Murphrey, Jr., Mayor
City of Kings Mountain
101 West Gold Street
Kings Mountain, NC 28086
Subject: NOTICE OF VIOLATION/NRE
Tracking No. NOV-2008-DV-0271
Discharge Violation/Sanitary Sewer Overflow
Wastewater Collection System Permit WQCS00036
City of Kings Mountain
Cleveland County
Dear Mayor Murphrey:
Coleen H. Sullins, Director
Division of Water Quality
The Division of Water Quality (DWQ), Mooresville Regional Office (MRO) has reviewed the 5-day
report for the City of Newton's self reported Sanitary Sewer Overflow (SSO) for May 2008. This review
shows Kings Mountain to be in violation of the requirements found in Collection System Permit
WQCS00044 and/or North Carolina General Statute (NCGS) 143-215.1(a)(1). The violation is
summarized in Attachment A.
2. Remedial and corrective actions should be taken to prevent further SSOs. As of 1 December 2007 any
reportable SSO may be issued a Notice of Violation (NOV) and some may be assessed a civil penalty.
Civil penalties will be issued for SSOs based on volume, volume reaching surface waters, duration and
gravity, impacts to public health, fish kills, and recreational area closures. Other factors considered in
determining the amount of the civil penalty are the violator's history of spills, the cost of rectifying the
damage, whether the spill was intentional and whether money was saved by non-compliance.
Please be advised that NCGS 143-215.6A provides for a civil penalty assessment of not more than twenty-
five thousand dollars ($25,000), or twenty-five thousand dollars ($25,000) per day when the violation is of a
continuing nature, against any person who is required but fails to apply for or to secure a permit required by
NCGS 143-215.1. Penalties may also be assessed for any damage to the surface waters of the State resulting
from the unpermitted discharge(s). The SSOs noted in Attachment A as "Proceed to NOV" under Violation
Action are those that we have determined may result in a civil penalty assessment.
4. Please reply to this NOV within 10 days of receiving it. Your response should include any additional
information that you wish to submit for our consideration in determining whether the identified SSOs will
be assessed civil penalties.
North Carolina Division of Water Quality Mooresville Regional Office
Internet: h2o.enr.state.nc.us 610 East Center Avenue, Suite 301
Nne
orthCarolina
Naturally
Surface Water Protection Phone [phone] Customer Service
Mooresville, NC 28115 FAX [phone]
An Equal Opportunity/Affirmative Action Employer — 50% Recycledl10% Post Consumer Paper

NO" V- 8-DV-0271
VY IV
24 June 2008
5. If you have any questions regarding this policy please do not hesitate to contact Ms. Barbara Sifford or
myself at 704-663 - 1699.
V
0
cn .6 o
(n
co z
0
0 'Ca
LL
C:
OD
'�T
a+
994
CL
I ILcv
mecca
U
I
C)
A
O
w
L)
C)
0
-41—
i5ii
0
U-1
C-0
OLLI
C(
VNO
a
LLi
I-- Cr
comma
:>
LU U)
-z 0 Ly
< Cc
Lij
C:
LLI LL- LLJ 0
LD (Y-' 'D— 0
.C:
CL
C.) ::D —
--7 cl) CO
cn
co
0
a-
L:
a)
Cn
Ui
-0
C:
U)
fn
0
z
Lin.. F� ) � F�
o
C3 Return ReCOI
E:3 (Endorsement Required)
0 Restricted Delivery Fee
C3 (Endorsement Require
Er'
-r Total P MR EDGAR 0 MURPHREY JR MAYOR
ra
e 0 CITY OF KINGS MOUNTAIN
sent
T 101 W GOLD ST
C3 sf 28086
r�ef
C3 , A or 0 13( KINGS MOUNTAIN NC
r r .;tv. Sta.
r E r-3 ------- Z' Postage $ L
Ln
Certified Fee
-11-
Sincerely,
17-1
Pnb,-rf B.
Surface Water Protection Section Supervisor
;Division of Water Quality
Mooresville Regional Office

Attachment A
City of Kings Mountain, WQCS00036
May 2008
Incident
Num
Start Date
Location
Total Vol
Vol.
reached
water
Violation Action
NOV Num
200801456
2008-05-14
Beason Creek outfall
150
150
Proceed to NOV
NOV-2008-DV-0271

N �
THE CITY OF DINGS MOUNTAIN
F� ";= ;
July 3, 2008
P.O. BOX 429 • KINGS MOUNTAIN, NORTH CAROLINA 28086 • 704-734-0333
Mr. Robert B. Krebs
Surface Water Protection Section Supervisor
NC Department of Environment and Natural Resources
Mooresville Regional Office
610 East Center Avenue, Suite 301
Mooresville, NC 28115
Dear Mr. Krebs:
JUL - 7 2009
NC DENR MRO
m-Surface 1Nater
On May 14, 2008 at 1:00 pm, while performing routine Sewer cleaning, our pump
department crew discovered a broken sewer main at Beason Creek located on Phifer
Road.
We plugged the main and pumped the sewer with our Jetvac truck until the repair was
made. We had the leak stopped by 1:20 pm and the repair completed by 3:00 pm., but in
the process one hundred and fifty gallons of untreated sewer had flowed into Beason
Creek.
This particular section of sewer is cleaned every week and was cleaned last on May 6th,
2008. We repaired the beam break with a 12" wide repair band and video inspected the
rest of this section and one section before and after to look for any other problems but
found none.
Should you have any question or need further information, please let me know.
Sincerely,
Vlez�,- 6L)'.46-
Dennis Wells
Water Resource Director
Cc: Barbara Sifford
Ricky Duncan
File
The Historical City

Michael F. Easley, Governor
William G. Ross, Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
24 June 2008
CERTIFIED MAIL
RETURN RECIEPT REQUESTED
7007-1490-0004-45 09-5 652
Mr. Edgar O. Murphrey, Jr., Mayor
City of Kings Mountain
101 West Gold Street
Kings Mountain, NC 28086
Subject: NOTICE OF VIOLATION/NRE
Tracking No. NOV-2008-DV-0271
Discharge Violation/Sanitary Sewer Overflow
Wastewater Collection System Permit WQCS00036
City of Kings Mountain
Cleveland County
Dear Mayor Murphrey:
1. The Division of Water Quality (DWQ), Mooresville Regional Office (MRO) has reviewed the 5-day
report for the City of Newton's self reported Sanitary Sewer Overflow (SSO) for May 2008. This review
shows Kings Mountain to be in violation of the requirements found in Collection System Permit
WQCS00044 and/or North Carolina General Statute (NCGS) 143-215.1(a)(1). The violation is
summarized in Attachment A.
2. Remedial and corrective actions should be taken to prevent further SSOs. As of 1 December 2007 any
reportable SSO may be issued a Notice of Violation (NOV) and some may be assessed a civil penalty.
Civil penalties will be issued for SSOs based on volume, volume reaching surface waters, duration and
gravity, impacts to public health, fish kills, and recreational area closures. Other factors considered in
determining the amount of the civil penalty are the violator's history of spills, the cost of rectifying the
damage, whether the spill was intentional and whether money was saved by non-compliance.
3. Please be advised that NCGS 143-215.6A provides for a civil penalty assessment of not more than twenty-
five thousand dollars ($25,000), or twenty-five thousand dollars ($25,000) per day when the violation is of a
continuing nature, against any person who is required but fails to apply for or to secure a permit required by
NCGS 143-215.1. Penalties may also be assessed for any damage to the surface waters of the State resulting
from the unpermitted discharge(s). The SSOs noted in Attachment A as "Proceed to NOV" under Violation
Action are those that we have determined may result in a civil penalty assessment.
4. Please reply to this NOV within 10 days of receiving it. Your response should include any additional
information that you wish to submit for our consideration in determining whether the identified SSOs will
be assessed civil penalties.
North Carolina Division of Water Quality Mooresville Regional Office
Internet: h2o.enr.state.nc.us 610 East Center Avenue, Suite 301
Surface Water Protection Phone [phone]
Mooresville, NC 28115 FAX [phone]
oce NCarolina
Nahlraliff
Customer Service
1-877-623-6748
An Equal Opportunity/Affirmative Action Employer-50% Recycledf10% Post Consumer Paper

Y
City of Kings Mountain
NOV-2008-DV-0271
Wastewater Collection System Permit WQCS00036
24 June 2008
If you have any questions regarding this policy please do not hesitate to contact Ms. Barbara Sifford or
myself at 704-663-1699.
Sincerely,
I - �17-1 g l�
Robert B. Krebs
Surface Water Protection Section Supervisor
Division of Water Quality
Mooresville Regional Office
Attachments:
1. Attachment A
CC: System ORC — Ricky C. Duncan
PERCS Unit Files
MRO CS Enforcement Files

Attachment A
City of Kings Mountain, WQCS00036
May 2008
Incident
Vol.
Num
Start Date
Location
Total Vol
reached
Violation Action
NOV Num
water
200801456
2008-05-14
Beason Creek outfall
150
150
Proceed to NOV
NOV-2008-DV-0271

O�O� W A
c 7
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Mr. Dennis Wells
Public Works Director
City of Kings Mountain
P.O. Box 425
Kings Mountain, NC 28086
Dear Mr. Wells:
Coleen H. Sullins, Director
Division of Water Quality
November 9, 2007
Subject: NOTICE OF VIOLATION
Tracking ##NOV-2007-DV-0277
Collection System Permit
Number WQCS00036
City of Kings Mountain, Cleveland County
A review has been conducted of the City of Kings Mountain's self reported Sanitary Sewer
Overflows (SSOs) 5-Day Report(s). This review has shown Kings Mountain to be in violation of the
requirements found in Collection System Permit WQCS00020 and/or G.S. 143-215.1(a)(1). The violation
that occurred during October 2007 is listed in Attachment A.
Remedial and corrective actions, if not already implemented, should be taken to prevent further
SSOs. Please note that due to the continued high numbers of SSOs in North Carolina the Division of
Water Quality has implemented a new SSO enforcement policy. Beginning June 1, 2007, until December
1, 2007, any reportable SSO may be issued a Notice of Violation (NOV) and some may be assessed a civil
penalty. Beginning on December 1, 2007, civil penalties will be issued for SSOs based on volume,
volume reaching surface waters, duration and gravity, impacts to public health, fish kills, and recreational
area closures. Other factors considered in determining the amount of the civil penalty are the violator's
history of spills, the cost of rectifying the damage, whether the spill was intentional, and whether money
was saved by non-compliance.
After December 1, 2007 the SSOs highlighted in Attachment A are those that the regional office
has determined, after review of the CS-SSO 5-day report, that would have resulted in a civil penalty
assessment. You will have 10 days from receiving this letter to provide any additional justification as to
why these spills do not meet the criteria listed in this letter for civil penalty assessment beginning in
January 2008.
If you have any questions. regarding this policy please do not hesitate to contact Ms. Barbara
Sifford or myself at 704-663-1699.
Attachments
Cc: ORC System — Ricky Duncan
es I1;7'tlaraa_acnle__riile�s,
North Carolina Division of Water Quality
Internet:
Mooresville Regional Office
610 East Center Avenue, Suite 301
Mooresville NC 28115
Sincerely,
Robert B. Krebs
Surface Water Protection Section Supervisor
Division of Water Quality, Mooresville Region
Phone[phone]
Fax [phone]
No ehCarolina
Natura!!ff
Customer Service
1-877-623-6748

Attachment A
CITY OF KINGS MOUNTAIN
Incident Report Total Vol.
Num Type Permit Num Start Date location Vol reached Violation Action NOV Num Nov Sent Dt
yp water
200703069 SS0 24 WQCS00036 2007-10-17 Sims Street/Davidson Park 300 Proceed to NOV NOV-2007-DV-0277 2007-11-09
Hour
200703069 SSO 5 day WQCS00036 2007-10-17 Sims Street/Davidson Park 300 300 Proceed to NOV NOV-2007-DV-0277 2007-11-09