NC0020737_Annual Report_20230505

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
CERTIFIED MAIL#: 7020 3160 0000 3283 0113
RETURN RECEIPT REQUESTED
Rick Duncan, Water Resources Director
City of Kings Mountain
Post Office Box 429
Kings Mountain, NC 28086
Dear Mr. Duncan:
NORTH CAROLINA
Environmental Quality
May 5, 2023
SUBJECT: Notice of Violation
PAR Review
City of Kings Mountain
NPDES Permit No. NCO020737
Cleveland County
Tracking No. NOV-2023 -PC-0 187
Mooresville Regional Office staff has reviewed your Pretreatment Annual Report (PAR) for the reporting period of
January through December 2022. Based on the review, this letter is being issued as a Notice of Violation (NOV) due to
the City's failures to properly implement the Pretreatment Program, violations of North Carolina General Statute (G.S.)
143-215.1, 15A North Carolina Administrative Code (NCAC) 2H .0905, and the subject NPDES Permit. Specifically,
the City failed to initiate enforcement according to the Division approved Enforcement Response Plan (ERP) on Carolina
Finishing & Coating (IUP #033) and Kings Mountain International (IUP #031) for thallium monitoring violations during
the first half of 2022. In addition, the City failed to collect all IUP required parameters for Buckeye (zinc), Carolina
Finishing & Coating (mercury and zinc), CP Partners (chloroform and zinc), Fab-Tec (BOD, TSS and zinc), Kings
Mountain International (chlorides), Utz Quality Foods (copper, TSS and zinc) during one of the semi-annual periods of
2022. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) per
violation per day, 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
The City has submitted corrected copies of the PAR for review by this Office prior to completing the evaluation.
After a review of the updated PAR, the City has completed the PAR in accordance with 15A NCAC 2H .0908(b)
requirements and guidelines set forth in the Comprehensive Guidance for North Carolina Pretreatment Programs. The
next PAR will be due March 1, 2024.
North Carolina Department of Environmental Quality I Division of Water Resources
Mooresville Regional Office 1 610 East Center Avenue, Suite 301 1 Mooresville, North Carolina 28115
704.663.1699

In order to come back into compliance with the requirements of the Pretreatment Program, the City must initiate
enforcement actions on the monitoring violations by May 19, 2023. It is requested that a written response be submitted
to this Office by May 26, 2023, addressing the City's actions to prevent the recurrence of these violations. The response
must also include a copy of the enforcements actions issued to the SIUs for the monitoring violations.
If there are any questions concerning this letter or the PAR, please do not hesitate to contact Mr. Wes Bell at (704)
235-2192 and/or Mr. Keyes McGee at [phone], or via email at wes.bellkncdenr.gov and
[e-mail].
Cc: NPDES Program Files - Laserfiche
Sincerely,
DocuSigned by:
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Andrew H. Pitner, P.G.
Assistant Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
North Carolina Department of Environmental Quality [ Division of Water Resources
Mooresville Regional Office 1 610 East Center Avenue, Suite 301 1 Mooresville. North Carolina 28115
704.663.1699