WQCS00036_Enforcement_20160315

PAT MCCRORY
Nv
DONALD R. VAN DER VAART
titlat t` R sour
Jane. 2, 2016
Mr. Jonathan fevlon
City of Kings s Mountain
PO fox 429
Dings Mtn, NC" 28086
SUBJECT: Payment Acknowledgment
Civil Penalty Assessment
Dings Mountain Collection System
Cleveland County
Permit No. WQCS00036
Dear Mr. Newton,
This letter is to acknowledge receipt ofcheck No. 11216 in the amount of $648.98 received from
you dated /3 1/2016, This payment satisfies in full the civil assessment levied against the
subject facility and this case has been closed. Payment of this penalty in no'vay precludes future
action by this Division for additional violations of the applicable statutes, regulations, or permits.
If you have any questions, please call Steve Lewis at 919-807-630.,
Sincerely,
S. Jay Zimmerman, P.G.
Director, Division of Water Resources
cc: Enforcement file f V-201 - P3
Corey Basinger, Mooresville Regional Office Supervisor
Central Files
State of North Carolina I Eiiviranment al Quality I Water Resources
1617 Mait Service tenter & Raleigh, North Carolina 27699-1617

PAT` 1CCRQR'
DONA D R. VAN DER " AART
Et'WRONMl=tarAe.QUALTty S. JAY ZIMMERMAN
April l 2016
Mr. Ricky Duncan, Water Resources irector
City of Kings Mountain
PO Box
Dings Mountain, NC 28086
SUBJECT: Remission Request
Civil Penalty Assessment
Dings Mountain Collection System
Cleveland, County
Permit No. WQCS00036
Dear Mr. Duncan
°fhis letter is to acknowledge receipt of your rclMlclest for remission of the civil penalty levied
against the subject facility. This request will be reviewed by the Director and you'will be
notified about the Division's decision concerning remission. If you have and. questions, please
call meat 1) 07®6308.
Sincerely;
Steve Lets
pretreatment, E'rnergency Response and
Collection Systems th-iit
cc; Enforcement File DV-201 -t11 37
Carey Basinger, er, Mooresville Regional Office Supervisor
Central Files
State rrf N0rlh CV rulina I F)Iviruaone:ltal Quality I W�jter jteSotlr c
1617 Mail Service Center I Raleigh, North Carolina 27643.1617"
_919 707 9000

INVlMONMENTAL OUALITY
Certified Mail #
&Nmimint ecl�z t rf
AT NICCRORY
rear
DON AL R. VAN DER VAART
1�r I -c"r-an
9, JAY ZIMMERMAN
Diravror
G Scott Neisler,, Mayor
City of Kings Mountain
101 W Gold St
Kings Mountain, NC 28086
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute ((]r.S.) 143-2151(a)(6)
and Collection System Permit No. WQCS00036
City of Kings Mountain
Kin gsMountain Collection System
Case No, DV-2016-0037
Cleveland County
Dear Pertnittec:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $1,898,98 ($1,750.00 civil penalty
+ $148098 enforcement costs) against City of Kings MountailL
I'his assessment, is based upon the following facts: a review has been conducted of the Sanitary Sewer Overflow (SSO)
5-Day Report submitted by City of dings'Niountain® This review has shown the subject facility to be in violation of the
requirements found in Collection System Permit No. WQCS00036 and G,S. 143-215, l(a)(1). The violation(s) that occurred
are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that City of Kings Mountain violated the terms, conditions or
requirements of Collection System Permit No, WQCS00036 and G,S. 1,43-215A(a)(1) in the manner and extent shown in
Attachment A. In accordance with the maximums established by G-S, 143-215,6A(a)(2), a civil penalty may be assessed,
against an-, per, - ins, conditions or re I.S. 143-215101)
y son who violates the to �uirements of a permit required by C
Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary
of the Department of Environmental Quality and the Director of the Division of Water Resources, 1, W, Corey Basinger,
R
egional Supervisor, Mooresville Regional , office, hereby make, the following civil penalty assessment against City of Kings
fountain:
State of North Carolina i EnvininmentAl Quality i Water Resources
610 East Center Avenue, Suite 3(u,'ANOOreSville, NC 28115
7()4-663-1699

$1,75000 For 3 of the 11 other violations of Collection System Permit No. WQCS00036.
$1,750.00 TOTAL CIVU., PENALTY
.1A8.98 Enforcement Costs
_$I 898.98 TOTAL AMOUNT DILTE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have, taken into account the Findings of Fact and
Conclusions of Law and the factors set forth at G.S. 14-313-282.1(b), which are:
(t) The degree and extent of harat to the natural resources of the State, to the public health, or to private property
resulting from the violation;
(2) The duration and gravity of the violation-,
(3) The effect on ground or surface ,vater quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by nonconipliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over which the Environmental
Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty (30) days of receipt of this notice, you must do one of the following:
(1) Submit payment of the penalty,
OR
(2) Submit a written request for remission, OR
(3) Submit a written request for an administrative hearing
Option 1: Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environmental Quality (do not include waiver
form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s).
Please submit payment to the attention of.
Steven Lewis
PERCS Unit
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

Option 2: Submit a written request for remission or mitigation including a detailed justification for such
request:
Please be aware that a request, for remission is limited to consideration Of the five factor,- listed below as they may
relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper
procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in
the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing,
such a request must be, accompanied by a waiver of your right to an administrative hearing and a stipulation and
agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that, establishes -why you
believe the civil penalty should be remitted, and submit it to the Division of Water Resources at the address listed below.
In determining whether a remission request will be approved, the following factors shall be considered:
(1) whether one or more of the civil penalty assessment factors in NCCJS 143B-282, I (b) was wrongfully
applied to the detriment of the petitioner; e violation;
(2) whether the vmiolator proptly abated continuing environmental damage resulting from th
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator had been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions.
Please note that alt evidence presented in support of your request for remission must be submitted in writing, The
Director of the Division of Water Resources will review your evidence and inform you of his, decision in the matter of
your remission request. The response will provide details regarding the case status, directions for payment, and
provision for further appeal of the penalty, to the Environmental Management Commission's Committee on, Civil Penalty
Remissions (Committee), Please be advised that. the Committee cannot consider information that was not part of the
original remission request considered by the Director. Therefore, it is very important that you prepare, a complete and
thorough statement in support of your request for remission.
issio, tad poalties
lustcw?nr Lsion
In order to rMiLest remissigii,y-cul M
�'e I 3P)-da-):-,sQf —receiM -of mis
Waiver of Right to, an ii is r alive
closed"lustifiatiorr fir
'o c
notice, The Division— Fater Res -
Rein ission Request.
Both forms sh(,)utd be submitted to the following address:
Steven Lewis
PERCS Unit
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
AND
W, Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of 'Water Resources, NCDEQ
6 10 East Center Avenue, Suite 3 01
Suite 301, Mooresville, NC 28115

Owion 3: File a netition for an administrative bearina with the Office of Administrative Hearin fi
if you wish to contest any statement in the attached, assessment document you must file a petition for an administrative
hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with
the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed
when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative
Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state
holidays. The petition may be filed by facsimile (fax) or electronic mail by an attached file (with restrictions) - provided
the signed original, one (1) copy and a filing fee (if a filing fee is required by NTCGS § 15013-23.2) is received in the
Office of Administrative Hearings within seven (7) business days following the taxedor electronic transmission. You
should contact the Office of Administrative Hearinas with all questions -�reardithe fllin�fee and/or the details of the
f'"Jill 'ao—c—cs&
The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows;
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Tel: [phone]
Fax: [phone]
One (1) copy of the petition must also be served on DE Q as follows:
Mr, Sam M. Hayes, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, North Carolina 27699-1601
Please indicate the case number (as found on page one of this letter) on the petition,
Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal
date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for
collection of the penalty through a civil action. Please be advised that additional penalties maybe assessed for violations
that occur after the review period of this assessment.
If you have any questions, please contact W. Corey Basinger with the Division of Water Resources staff of the Mooresville
Regional Office at (704) 23 5-2194 or via email at corey.basinger(,& ,ncdenr.gov.
W, Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
ATTACHMFNTS
Cc: WQS Mooresville Regional Office - Enforcement File
is PDES Compliance/Enforcement Unit - Enforcement File

111 TEMISSION .UVOTTVIST
Case Number: ber: V- f - t1 County- Cleveland
Assessed PaCity of Dings Mountain
Permit QCS000 araarat Assessed: l .
Please use this forni when requesting, remission of this civil penalty. You must also complete the "Request For Remission,
,
Waiver of Right t to cart Administrativeffearing, parr Stipulaation of `F acts" form to request remission of this civil penalty.
You should attach any documents that you believe support your request and are necessary' for the Director to consider in
evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five'
factors listed below as they may relate to the, reasonableness of the amount of the civil penalty assessed.. Requesting
remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual
statements contained in the civil penalty assessment document Pursuant to N, . . § 1 3 -2 2.1(c), remission of civil
penalt,y maybe granted only when one or more of the following five factors apply, please check each factor thaat you
believe applies to your case and provide as detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in i . , .. 1 B-2i12, IN were wrongilally applied to the
detriment of the petitioner (the assessmentfat rs are listed in the civil penalty assessment document);
(b) the violator promptly abated continuing environmental da nage resulting from the violation i.e., explain, tile
steps that you gook to correct the violation and prevent.filture occurrences);
(c) the violation was inadvertent or a result of an accident (i,e., explain wlt' the violation was unavoidable or
something.} ors could " not pre vent or prepare for)'"
(d) the violator had not been assessed civil penalties for any° previous violations
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i,e., explain
how payinento lire civil penalpenalt r will prevent ouft m pairfor^min the activities necess } to tlrieu
compliance).
EX. -PLANATION-

STATE OF NORTH CAROLINA DEPARTMEN
T OF ENVIRONMENTAL ALIT
lY
COUNTY OF CLEVELAND
IN THE MATTER OF ASSESSMENT 'A EIY OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST I" }ADMINISTRATIVE HEARING AND
} STIPULATION OF FACTS
City of Kings Mountain
Kings Mountain Collection System }
PERMIT NO. WQCS00036 CASE NO. I- 016-0037
Having been assessed civil penalties totaling $1,,898.98 for violation(s) as set forth in the assessment document of the
Division of Water Resources dated, the undersigned, desiring to seek remission of the civil penalty, does hereby waive the
right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the
assessment. document. The undersigned further understands that all evidence presented to support of remission of this civil
penalty roast be submitted to the Director of the Division of Water Resources within thirty (30) days of receipt of the notice
of assessment. No new evidence in support of a remission request will be allowed after (30) days from the receipt of the
notice of assessment.
This the day of � � .. 0
SIGNATURE
ADDRESS
TELEPHONE

dity of King$ Mourltak!
CASE NUMBM DV404640
Kings Mountain Collection System
COUNTY: Cleveland
REGION-
Mooresville
PERMIT- WOCS00036
FACILITY:
Other Violations
MONITOFJNG
VIOLATION
DATE
V`IOLATION TYPE
PENALTY REPORT
AREA
DESCRIPTION
12130115
Discharge without valid
0,00
cso/SSO(Sewer
Discharge without valid permit
permit
Overflow)
2-:5
12130115
Discharge without valid
0.00
CSOISSO(Sewer
Discharge without valid permit
permit
Overflow)
Discharge without valid permit
-
0 1 -7
12130115
Discharge without valid
permit
0,00
cSOISSO(Sewer
overflow)
C)
12130115
Discharge without valid
0,00
CSO/SSO(Sewer
Discharge without valid permit
:2,1
permit
overflow)
12130/15
Discharge without valid
0,00
cSOISSO(Sewer
Dischar ge without valid permit
permit
Overftow)
CSOISSO(Sewer
Discharge without valid permit
o ,z 13
12130/15
Discharge without valid
permit
0,00
Overflow)
12130/15
Discharge without valid
0,00
CSO/SSO(Sewer
Discharge without valid permit
5- o ,2-
permit
overflow)
Discharge without valid permit
5 -3;
12130/15
Discharge without valid
permit
OM
CSOISSO(Sawer
Overflow)
12130115
Discharge without valid
250.00
(-,SO/SSO(Sewer
Discharoe without valid permit
5 0
permit
overflow)
12130115
Discharge without valid
250M
CSOISSO(Sewer
valid permit
Discharge without0
permit
Overflow)
Discharge without valid permit
5' 0 D
12130115
Discharge without valid
permit
1,250,00
CSO/S$O(Sewer
Overflow)

NCDEQ - Division of Water Resources
Surface titer Protection Section
Sanitary r Overflow Penaltyatria
Violator: Aar:
Case # Dater ..

March 24., 2016
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
610 East Center Avenue, Suite 301
Mooresville, NC 28115
Dear Mr, Basinger,
I received the notice of Violation and Assessment of Civil Penalty from your office. After reading the
notice, l would like to submit this written request for remission or mitigation including detailed
justification for the request.
On December 30'h 2015, the City of Kings Mountain received 4,9 inches of rain in an 8 hour period with
the majority of the rain falling from 8-00 AM through 1:30 PM, This amount of rain flooded all of our
creeks and streams and waters rose to a level of four feet above ground elevation. I have included
pictures that will show just how much rain we had to deal with. in the pictures of Beason Creek lift
station, where most of the SSO occurred. You can see the entrance gate is totally submerged, I have
also included photos of Bridges Drive and Firestone lift station that will show you more areas of our City
that were completely under water.
1 have included invoices for smoke testing of all the submerged areas as well as invoices for seated
manhole covers and vent piping to install in these areas. The total cost for material is around $12,000.00
dollars. We are committed to eliminating SSO problems and are actively seeking areas that need
improvements.
-------------
We were forecast to receive 1,5 inches of rain and our usual preparation is to manually pump down the
wet wells in the affected areas prior to the rains, which we did on this day. We could not have
anticipated a rain event of this magnitude. I have lived in this area since 1989 and have never seen this
amount of water in such a small time frame,
The HistoHcal City

i hope by looking at the pictures and reviewing the invoices, you will see that we are trying to prevent
future events of this nature and that our system was completely submerged by this storm. 'Please
consider this letter and attached documentation as the City of Kings Mountain's formal request for
remittance or mitigation. 1 look forward to hearing from you.
Sincerely;
Ricky Duncan
Water resources Director
City of Kings Mountain, l
70 -477-2 2
Email: ricvd0citvofm.com
Encl.
CC.- Steven Lewis, PERCS Unit
Marilyn Sellers, City Manager

Certirted Mail #
,Return Receint Regggsteal
G Scott Neisler, , Mayor
City of Kings Mountain
101 W Gold St
Kings Mountain, NC 28086
PAT MCCRORY
6m,totor
DONALD R. VAN DER VAART
Serreian
S. JAY,ZIMMERMAN
Darictor
March 15, 2016
SUBJECT: Notice of Violation and Assessment of Civil Penalty
.for Violations of North Carolina General Statute (G.S.) 143-215, 1, (a)(6)
and Collection System permit Nct. WQCS000316
City of Kings Mountain
Kings Mountain Collection System
Case No. DV-2016-0037
Cleveland County
WRIMIMM
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $1.,898-98 ($1,7500 civil penalty,
+ $148.98 enforcement costs) against City of Kings Mountain.
This assessment is based upon, the following facts: a review has been conducted of the Sanitary Sewer Overflow (SSO)
5-Day Report submitted by City of Kings Mountain. This review has shown the subject facility to be in, violation of the
requirements found in Collection System Permit No. WQCS00036 and G.S. 143-215. 1 (a)(]), The ViOlatiOTI(S) that occurred
are summarized in Attachment A to this letter.
Based upon the above facts., I conclude as a matter of law that City of Kings Mountain violated the terms, conditions or
requirements of Collection System Permit No, WQCS00036 and G.S. 143-215. 1 (a)(11) in the tuanner and extent shown in
Attachment A, In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty, may be assessed
against any person who violates the terms, conditions or requirements of a permit required by G& 143-215, 1 (a).
Based upon the above findings of and conclusions of law, and in accordance with authority provided by the Secretary
of the Department of Environmental Qualiq, and the Director of the Division of Water Resources, 1,'W" Corey Basinger,
Regional Supervisor, Mooresville Regional Office hereby make thefollowing civil penalty assessment against City of Kings
Mountain:
State L it'Nortli Carolina I Environmental Quality Water Resources
610 East Center Avenue. Suite 301, Mooreqville, NC 28115
704-663-1699

$j,150� 00 For 3 of the I I other violations of Collection System Permit No, WQCS00036.
ji-, �O,00 TOTAL CIVIL PENALTY
j148.98 Enforcement Costs
$ 1,8W98 TOTAL AMOUNT DUE
Pursuant to G.S, 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and
Conclusions of Law and the factors set forthat G,S. 14313-282.1(b) which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property
resulting from the violation;
(2) The duration and gravity of the violation;
(3) The eflect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage,
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally-,
(7) The prior record of the violator in complying or failing to comply with programs over which the Environmental
Management Commission has regulatory authority, and
(8) The cost to the State of the enforcement procedures,
Within thirty (30) days, of receipt of this notice, you must do one of the following.-
(1) Submit payment of the penalty, OR
(2) Submit a written request for remission, OR
(3) Submit a written requestfor an administrative hearing
Option 1: Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environmental Quality (do not include waiver
fiorni). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s).
Please submit payment to the attention of;
Steven Lewis
PERCS Unit
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

Option 2: Submit a written request for remission or mitigation including a detailed justirication for such
request:
Please be aware that a request for remission is limited to consideration of the five factors listed below as they may
relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper
procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in
the civil penalty assessment document. Because a remission request forecloses the option of all administrative hearing,
such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and
agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes wily you
Relieve the civil penalty should be remitted, and submit it to the Division ofWater Resources at the address listed below.
In determining whether a remission request will be approved, the falloyin g factors shall be considered:
(1) whether one or more of the civil penalty assessment factors in NC GS 143B-282, I(b) was wrongfully
applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental damage resulting from the violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator had been assessed civil penalties for any previous violations; or
(5) NOiether payment of the civil penalty will prevent payment for the remaining necessary remedial actions.
Please note that all evidence presented in support of your request for remission must be submitted in writing. The
Director of the Division of Water Resources will review your evidence and inforn-i you of his decision in the matter of
your remission request. The response. will provide details regarding the case status, directions for Payment, and
provision for further appeal of the pcnalt�y to the Environmental Management Commission's Committee oil Civil Penally
Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the
original remission request considered by the Director. Therefore, it is very important that you prepare a complete and
thorough statement in support of your request for remission.
In order to re crest rernissigogyou n
trust corry late and submit the enclose d " for Remission riff ivil Pcnalii
Requ�­,IL
W�aiver of �Rt to an Administrative lea it of Facts" form within Chi Aay of recei t of this
p_-
notice. The Division of Water Resources also requ, to and submit the enclosed "Justification for
Remission Regue St."
Both forms should be submitted to thefiollowing address:
Steven Lewis
PERCS Unit
Division of Water Resources
1617 Mail Sere ice Center
Raleigh, North Carolina 27699-1617
AND
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
6 10 East Center Avenue, Suite 301
Suite 301, Mooresville, 2C 28115

JUSTIFICATION FOR REMISSION ION REQUEST
Case lumber: V- 016-003 County Cleveland
Assessed Party: City of Kings Mountain
Permit No.: WQCS00036 Amount Assessed: Sla98.98
Please use this form when requesting remission of this civil penalty, You must also complete the "Request 1 or, e�nission,
Waiver (af.l i ht to an Administrative Hearing, aring, and Slipulration aaf 'cac;ts' form to request remission of this civil penalty::
You should attach any documents that you believe support your request and are, necessary for the Director to consider in
evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five
factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting
remission is not the proper procedure for contesting whether the violations) occurred or the accuracy of any of the factual
statements contained in the civil penalty assessment document. Pursuant to N.C".G. S. § 14313-28 .1(c), remission of a civil
penalty may be granted only when one or more of the following five factors apply. please check each factor that you
believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to wiry the
factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N. . .S. 14313- 2.1(b) were wrongfully applied to the
detriment ofthe petitioner (the s.s(ssin tat. f ic°tors• are listed in the civil peno-14, assessinent cloc utnetat);
(b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the
steps thatyou took to correct this violation randprevent„futuroccurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain w4y the violation was unavoidable or
something, ya could not prevent carprep are fear)'
(d) the violator had not been assessed civil penalties for any previous violations
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e,, explain
hcawpayment cif the c ivilpenahry will prevent you f ont peefor~erring the activities necessary to achieve
compliance),
e).
EXPLANATION:

If Von wish to contest any statement in the attached assessment document you must file a petition for an administrative
hearing. You may° obtain the petition form from the Office of Administrative Hearings. You moist filethe petition, with
the Of of Administrative Hearings within thirty (30) days of receipt of this notice, Apet iLion isconsidered filed
when it is received in the Office of Administrative Hearings during normal office hours. The Office of Ad ministrative
Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00, p.m., except for official state
holidays. The petition may be filed by facsimile (fax) or electronic mail by an attached file (with restrictions) - provided
the signed original, one (1) copy and a filing fee (if a filing fee is required by NCGS til 5013-23.2) is received in the
Office of Administrative Hearings within seven (7) business days following the faxed or electronic transmission. You
should contact the Office of Administrative Heari s witl all a stitans reaardine the film fee and/or the details of the
fifi
UMUIQces,
The mailing address and telephone, and fax numbers for the Of of Administrative Hearings are, asfollows:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Tel: [phone]
Fax: [phone]
One 11) copy, of the petition must also be served on DEC; as follows:
Ntr, Sam, M. Hayes, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh., North Carolina 27699-1601
please indicate the case number (as found on page one of this letter) on the petition.
Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal
date/time received stamp (not, a postmark), will result in this matter being referred to the Attorney General's Office for
collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations
that occur after the review period of this assessment.
If you have any questions, please contact W. Corey Basinger with the Division of Water Resources staff of the Mooresville
Regional Office at [phone] or via email at corey.basinger' ncdetir-g-ov,
Sincerely,
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of W ater Resources, NCDEQ
M-f-ACHNIENTs
Cc: WQS Mooresville Regional Office - Enforcement File
NPDES Compliance/Enforcernent Unit - Enforcement File

STATE OF NORT14ROLI A
COUNTY OF CLEVELAND
DEPARTMENT OENVIRONMENTAL, QUALITY
IN THE MATTER OF ASSESSMENT WAIVER F RIGHT TO AN
OF CIVIL PENALTIES AGAINST ADMI[NISTRATIVE HEARING AND
STIPULATION OF FACTS
ity, of Kings Moont i )
Kings Mountain Cotl c ion S stern
PERMIT NO. WQCS00036 CASE NO. I V-2016- ii '
Having been assessed civil penalties totaling l,,Ll 8.2for violation(s) as set forth in the assessment docunient of the
Division of Water Resources dated R the undersigned, desiring to seek remission of the civil penalty, dos hereby waive the
right to an administrative hearing in the shave -stated matter and dries stipulate that the facts are as alleged in the
assessment document, The undersigned i further understands that all evidence presented in support of remission of this civil
penalty mast be submitted to the Director of the Division ofWater Resources withinthirty {d} days orreceipt of' notice
of assessment. No new evidence in support of a remission request will be allowed after 0) days from the receipt of the
notice of assessment
This the � _ day of � 20
SIGNATURE
ADDRESS

ATTACHMENT
City of Kings
in
Mountain
CASE NUMBER:
DV-2016-0037
PERMITWQCS00036
FACILITY:
Kings Mountain Colloction SystemCOUNTY:
Cleveland
REGIOW
Mooresville
sville
Other Violations
MONITORING
PENALTY DEPORT
AREA
DESCRIPTION
VIOLATION
DATE
VIOLATION TYPE
0,00
CSOISSO(Sewer
Discharge without valid permit
0 ;
12/30/15
Discharge without valid
Overflow)
� l � � �
permit
O:CICI
CSOISSO(Sewer
Discharge without valid permit
12/30115
Discharge without valid
Overflow)
permit
0,00
CSOISSO(Sewer
Discharge without valid permit
i '
12B3011
Discharge without valid
Overflow)
permit
D:[lll
CSOISSO(Sewer r
Discharge without valid permit
7 0 1
12/30115
Discharge without valid
Overflow)
permit
000
CSO/S O(Sewer
Discharge without valid permit
12/30/15
Discharge without valid
Overflow)
permit
3,00
CSOISSO(Sewer
Discharge without valid permit
3 0'
12130115
Discharge without valid
Overflow)
permit
tl.Qg'
CSOISSO(Sewer
Discharge without valid permit
�
12/30115
Discharge without valid
Overflow)
permit
0.00
CSOISSO(Sewer
Discharge without valid permit
12130115
Discharge without valid
Overflow)
permit
250.00
CSO)SSO(Sewer
Discharge without valid permit
yy
12130115
Discharge without valid
Overflow)
permit
25000
CSOtS O(Sewwer
Discharge without valid permit
f
12130/15
Discharge without valid
Overflow)
permit
1,2503 00
CSOISSO(Sewer
Discharge without valid permit
I ,` 0 2, t �z D
12130115
Discharge without valid
Overflow),
permit

r�
�r
}

5c L-,�< ft.

3/23016 Alert; Flash Flood Warning issued December 30 at 9°:4 aT expiring December 30 at 3:45PM EST by N S GreenvdIeSpartanburg SC I Weather . ,
WEATHER ALERTS
IPAWS Posted Feather Alerts
Event: Flash Flood Warning
Sender Name- NWS Greenville -Spartanburg C
Issued: 15-1 =SOTO . . - 5: 0
Expires: 05-1-30T15:45;00-0;0
v''EA'Text: Flash Flood Warning this area til :45 PM EST, Avoid fled areas, Check local media. -NWS
Description: THE NATIONAL SERVICE IN GREENVILLE-SPARTANBURG HAS ISSUED A
GASTON COUNTY IN THE PIEDMONT T OF FORTH CAROLINA..
SOUTHEASTERN CLEVELAND COUNTY IN THE PIEDMONT OF NORTH CAROLINA...
NORTHWESTERN YORK COUNTY IN UPSTATE SOUTH CAROLINA..,
NUMEROUS ROADS AND BRIDGES WILL RE THREATENED BY HEAVY RAIN
AND RAPIDLY RISING STREAMS AND CREEKS, PAY CLOSE ATTENTION
TO WATER OVER ROADWAYS._ROAD SICNAOE,..AND BARRICADES
INDICATING HIGH WATER AND FLOODING
* SOME LOCATIONS THAT r
http1tweatheralerts,alertbl` /?p= 4 113

3/232016 Alert: Flash Flood Warring issued December 30 at 942AM EST expiring December 30 at 3:45PM EST by NWS Greenvflle-Spartanburg SC I Weaher A..
ERRYVILLE.—BESSEMER CITY ... SOUTH GASTONIA...CLEVER AND BOILING
SPRINGS NC:
Instruction: PLEASE REPORT FLOOD WATER FLOWING OVER ROADS OR THREATENING
PROPERTY ..OR LANDSLIDES TO THE NATIONALWEATHER SERVICE GREENVILLE
SPARTANBURG BY CALLING TOLL FREE ... 1 ..8 .. 267 ...R 10 1—OR BY
POSTING ON OUR FACEBO K PAGE.. OR TWEET IT USING HASHTAG N S SP. YOU
MESSAGE SHOULD DESCRIBE THE EVENT AND THE SPECIFIC LOCATION WHERE IT
OCCURRED.
MOST FLOOD DEATHS OCCUR IN VEHICLES. DO NOT DRIVE INTO AREAS WHERE
WATER COVERS THE ROADWAY. ONLY A FEW INCHES OF RAPIDLY FLOWING WATER
CAN CARRY AWAY YOUR VEHICLE. TURN AROUND ... DONT DROWN,
EXCESSIVE SIVE RUNOFF FROM HEAVY " RAINFALL WILL CAUSE FLOODING F SMALL
CREEKS AND STREAMS... AND UNDERPASSES, ADDITIONALLY...
ITIONALLY...
COUNTRY ROADS AND FARMLANDS ALONG THE BANKS OF CREEKS ... STRAXIS AND
OTHER. LOW LYING AREAS ARE SUBJECT TO FLOODING.
Link to more Info. http://www.weather.gov
Urgency: Immediate
Severity: Severe
Certainty; Likely
Categories:: Met;
Message Identifier: N S- 4 0 - 4 -10 5
httw,liweatwalerts.atertbt'er,com0p=249405

INVOICE
INVOICE NUMBER. 3603170
BILL OF LADING: 039712
INVOICE DATE: 3109116
FORTUNE
DUE DATE: 4110116
W, ATERWORKS
Please Remit Payment To.*
7025 Northwinds Dr. NW
FORTILINE, INC
Concord, NC 28027
PO BOX 638388
Payment III quiries'704-788-9800
ATLANTA, GA 30363-8388
Warehouse:
FORTILINE ROCK HILL
1210 RED RIVER ROAD
SOLDTO
ROCK HILL, SC 29730
SHIP TO Tetephone: 803-986-9988
1111111111111#1 All
CITY OF KINGS MOUNTAIN
CITY OF KINGS MOUNTAIN
ATT, ACCOUNTS PAYABLE
1013 NORTH PIEDMONT AVE.
PO BOX 429
KINGS MOUNTAIN, NC 28086
KINGS MOUNTAIN, NC
28086
027 3603156 3603170 Our Truck
209085 1% 10 NET 30 DAYS
DO NNIE
-77--- 777-
JAW 4110/16 6
D dMPTION ROW
4D9 SCH40 DWV 90 HXH
09DERIE
13 13 0 3,7500
4815
BID LINE # 00050
4D4 4s'SCH40 DWV 45 HXH EA
800
15 07 3,287
4920
BID LINE # 00070
BUTYLI 1"X14'6` CONG JT SEALANT EA
8 a 0 7.5000'
60.00
BID LINE # 00100
tj
C"ec,v (—\'f\e-
-
157m9E' 51
Payment of 168.61 Due on 4/10116 If Paid By 3/20/16 You Owe 167,03
1
$066
NO RETURNS ACCEPTED WITHOUT PRIOR AUTHORIZATION, AUTHORIZED RETURNS ARE SUBJECT TO RESTOCKING FEES.
000
$000
BE FILED THE CARRIER.
SPECIAL ORDER ITEMS ARE NOT RETURNABLE, ALL CLAIMS MUST WITH
ALL SALES ARE SUBJECT TO THE TERMS AND CONDITIONS OF SALE PRINTED ON THIS PAGE AND THE BACK OF PAGE ONE,
$0,00
$468,61
Page I of I

INVOICE
INVOICE NUMBER: 3603184
ILL OF LADING: IZ3901480354629411
FORTUNE
INVOICE DATE: 3102116
DUE DATE:4109/16
WATERWORKS
Please R'omit Payment o:
7025 Northwinds p NW
FORTILINE, INC
Concord, NC 28027
PO BOX 333
PaymentInquiries -"T
AT IOTA, GA 3 3 3-83 3
rohou a:
FORTILINE ROCK HILL
1210 RED RIVER
SOLDTO
ROCK HILL, SC 29730;
SHIP TO Telephone: 83-3 318
CITY OF ICINGS MOUNTAIN
CITY OF KINGS MOUNTAIN
TT ACCOUNTS PAYABLE
1013 NORTH PIEDMONT AVE.
PO BOX 429
IN MOUNTAIN, IN, N
KINGS MOUNTAIN, FCC, 28086
2808
027 36031,156 3603184 Ditect
2090861% 1 N11 ET 30 DAYS
NIXIE
JAW 1 41091163l02Al
z
3 5 RAT GAURD EA
15 5 10 9750048,75
C/O LIFE # 00090
Gr V s I c
Payment of 52,05 Due on 4/09116 If Paid By 3l19t16 You Owe 51:
� 4 .7
NO RETURNS ACCEPTED WTH UT PRIOR AUTHORIZATION, AUTHORIZED RETURNS ARE SUBJECT TO RESTOCKING TEES, A3d3
SPECIAL ORDER ITEMS ARE NOT RETURNABLE. ALL CLAIMS CIS RE FILED TH THE CARRIER,
1.
ALL SALES ARE SUBJECT TO THE TERMS AND ONI ITtO S O SALE PRINTED ON THIS PAGE AND THE RAMC PAGE ONE. .I -:
.IT
Paqe 1 of '

INVOICE
INVOICE NUMBER. 3608506
ILL OF INN: X078W9
FORTUNE
INVOICE DATE: 3107/16
DUE HATE: 4109116
WATERWORKSPleaseemi
Payment To:
Concord, NC 28027
PIS BOX 538388
Payment Inquiries -
ATLANTA, GA 39 63 99
Ouse:We
FORTILINE ROCK HILL
1210 RED RIVERO
SOLD TO
ROCK HILL, SC 29730"
SHIP TO Telephone, 803-9,85-8888
a1 aaaf 1 1�1+l1[' 111a111 1fla11[III a 1a 1m1111111ta a a t
CITY OF DINGS MOUNTAW
CITY OF KINGS MOUNTAIN
ATT, ACCOUNTS PAYABLE
1013 NORTH PIEDMONT T AVE,
PO BOX 429KINGSKINGS MOUNTAIN, NC
MOUNTAIN, NC 28086
2808E
027 3603156360850Direct
209086 1' 10 NET 39 IAys
DONNIE
JAW 19911 /07/16
DESCRIPTION
:y
1018025 1 35 RAT QAURD EA
10 10 9 9,75M 97,50
C/O LINE # Iti 0090
rnent 104.08 Due on 10911 I1 Id 7 311911 a Owe 103.10
� 97,59
NO RETURNS ACCEPTED WITHOUT PRIOR AUTHORIZATION, AUTHORIZED ED RETURNS ARE SURJE T TO RESTOCKIN FEES .5
SPECIAL ORDER ITEM ARE NOT RETURNABLE. ALL CLAIMS MUST BE FILED U ITH THE CARRIER,
9.09
ALL SALES ARE SUBJECT TO THE TER AND CONDITIONS OF LE PRINTED ON THIS PAGE AND, THE BACK OF PAGE ONE 0.CI9 .
10 .t
Paola'~ 1 of 1

r
---------------------------------------------
INVOICE
PE Supply Utilities Maintenance L1.'11 NO.
889545
D/B/A
US E1.0E o
PCB
Pox 9004
Page I I
Gurnee
IL 600 31-9004
(800) 548 1 ;34
03/04 16
1
Bill -to: 911264
Ship -to: 5
1
p
KINGS MOUNTAIN CITY OF
KINGS MOUNTAIN CITY OF
�
PCB BOX 429
130E W GOLD ST EST
1
I
KINGS MOUNTAIN, NC 28086
KINGS MOUNTAIN NC 2505
�
US s
USA
B'
ATTU 0004 DON SPENCER
�,EF°EPENC E, # I SHI PPED I S ,LESPERSON I `I EP S
ITAX C DE 1 DOC # 1 H J F PEI S I SHIP"
VI
_n.,--___--___-®____s__n_®____-____-4___,_.-
.,C-O LI L 153I54/161www USABlueBoolVISA
-_---__ ___ _____ _ _ _
INC 13335051011PXEP ID? UPS
_
ITEM I PESCRIPI I N 1 ORGE E151 SHIPPED E 6`14C RDRDJ UMJ P°PICE I C.aM I
EXTENSIC I
35012 Carbide -Toothed Concave 1
19 01 11EAI 254.95 I E I
.001
I Saw Blade
� ** ESTIKkTED I E AMOUNT $04.50
ILE P TIME 5 WEEKS FOR ITEM 85 1
i 1 1 M I
I
11096 iLong Handle Round Point Shovel
21 21 O I E j 50. 95 I E P
101.901
1P rt rat d BladeI
I 11 a I
1
71061 1 5-Grip Handle, Drain Spade E
21 21 OCEA1 505 95 1 E 1
101.9W
jMud-Release Shovel
€ 1 I i 1 1
1
18263 1SuP ri r 2-3 1,11anute Smoke 1
41 41 51PKI 11.5.95�PK�
467.8SI
1 Candles, Double ick, Pk of 12 1
1 1 1 11 g1 y
1
I ME,RC"kiANDISE I
MISCI DISCOUNT I TAXI FREIGHT I
TOTAL DUEf
1 671,601
.001 . P 1' 51..191 86.791
999. 5S h
k
1

CERTIFIED MAIL.- 7015 0640 0002 9295 6750
RETURN RECEIPT REQUESTED
January 29, 2016
G, Scoft Noisier, Mayor
City of Kings Mountain
101 W Gold St
I it. VC 22 ol
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2016-DV-0016
Sanitary Sewer Overflows - December 2015
Collection System Permit No. WQCS00036
Kings Mountain Collection System
Cleveland County
Dear Mr. Neisler:
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 (Miris) Location Cause (Gals) (Gals) DWR Action
201502120 12/30/2015 750 Beason Creek Pump Severe Natural 250,000 250,000 Intent to Enforce
Station Condition
201502121 12/30/2015 750 Hwy 74 Pump Station Severe Natural 50,000 50,000 Intent to Enforce
Condition
201502123 12/30/2015 210 Owens Pump Stations Severe Natural 2,000 2,000 Notice of Violation
Condition
State ofNoTtb Carolina I EnvironmentalQtiality';WaterResource
s
610 East Center Avenue, Suite, 301, rolooreiville, NTC 28115
704-663-16-99

Total
S�uftm
Incident
Start
Duration
Vol
wow
Number
Date
(Mins )
Location Cause
(Gals)
—(EAW OWIt Action
201502124
12/30/2015
285
long branch pump station Severe Natural
24,000,
24,000 Intent to Enforce
Condition
201502125
12/30/2015
180
McDonalds Pump Station Severe Natural
500
500 Notice of Violation
Condition
201502127
12130/2015
180
Mauney Pump Station
Severe Natural
1,000
1,000
Notice of Violation
Condition
201502128
12/30/2015
195
city lake pump station
Severe Natural
500
500
Notice of Violation
Condition
201502129
12/30/2015
180
Wilson Street Pump
Severe Natural
5,000
5,000
Notice of Violation
Station
Condition
201502130
12/30/2015
180
Second Street Pump
Severe Natural
1,000
1,000
Notice of Violation
Station
Condition
201502131
12/30/2015
60
Bridges Street Manhole
Severe Natural
2,000
2,000
Notice of Violation
Condition
201502132
12/30/2015
180
Phoenix Street Pump
were Natural
2,000
2,000
Notice of Violation
Station
Condition
F,
NO - R111141ya-lo, *10 1 MI WE
11 W
State of North Carolina I Environmental Quality [ Water Resources
6110 Fast Center Avenue, Stjitc 301, Mooresville, NC 28115
704-663-1699

u have any questions, please do not hesitate to contact Barry Love with the Water Quality Section in the
laresville Regional Office at 704-663-1699 or via email at [e-mail].
Sincerely,
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of "water resources, N DE
c: Mooresville Regional Office - WQS File
Ricky Duncan- ORC City of Dings Mountain
Central Files, 'water Quality Section
State of Noah Carolina, I Envirournentzal QuWitv A Water Resources
610 East venter Avenue, suite 301, Mooresville, NC 28115

THE CITY OFKINGS MOUNTAIN
w
r"d1. tat,➢ti ,g <r i t wr 6 �r t s !°C" r)� HI �„�wR �'1"IN 2r ��rtrs eta
February 4, 2016
v
W. Corey Basinger, Regional SUpervisor
Water t uahty° Regional Operations Section
Division of Water Resources, l CDE
610 East Center Avenue. Mite 5 fl
Mooresville., N.C. 211
Dear Mr. lasitager,
This letter is in response to a Notice of Violation received by the City of Kings Mountain firo t
your office. The tracking number is 1" OV-201-DV-0016. The notice stated "the City of Kings
Mountain violated Pernait condition 1 (2) by failing to effectively manage, maintain, and operate
their collection system sea that there is no SSO to the lead or surface: wwaters." I wvt)uld argue that
an "act of Card" and in this instance" 4.9 inches of rain during an 8 heater period, would not
constitute as failure to effectively` manage, maintain. and operate our collection system. Flood
waters exceeded the fleeced elevations in most areas, specifically at our Beason Creek and flvvy 7
lift stations. Our Waste \V ter `freaatraaent Plant, which usually receives 1.5 rngd flow, peaked at
I Ot O read flow. Our lift stations ran continuously thrcataplacaut the day try ing to keep tap With the
excess flows and our crews were: out during the storm, monitoring the stations and surrounding
areas until flows returned to normal levels. We complied with all applicable state regulations
concerning the O's and have been in the process of'smoke testing the affected sewer naains to
determine it' any problems exist within the system,
'fie City of Kinks Mountain is committed to protecting our takes and waterways frorn SSO
events and we ask that you would consider our history of compliance with our collection system
permit as well as our most recent compliturce evaluation inspection on April 169 2015 as reasons
frar not issuing any civil penalties in this case. The inspection revealed that the City crl` Kings
Mountain's collection system is being property operated and ntaintaairied,
If you 'need further information regarding this maatter, please contact race, at the number listed
below.
incerely,
Ricky Duncan
Water Resources Director
City of Kings Mountain. NC,
Cell: 704-77-292
Email, -r rcky,d,,&cityof'kna,coraa
The Histor-ical."i �.wN.