NC0020737_NOV2015LV0127_20150315

NCDE R
North Carolina Department of Environment and Natural Resources
Pat McCrory Donald van der Vaart
Governor Secretary
March 16, 2015
CERTIFIED MAIL#7011 0110 0000 9960 7815
RETURN RECEIPT REQUESTED RECEIVEDIDENWDWR
MAR % 3 2015
Mr. Dennis R. Wells
Water Resources Director Water Quality
City of Kings Mountain Permitting Sectior,
P.O. Box 429
Kings Mountain, North Carolina 28086
Subject: Notice of Violation and Notice of Recommendation for Enforcement
Tracking#: NOV-2015-LV-0127
Pilot Creek WWTP
NPDES Permit No. NCO020737
Cleveland County
Dear Mr. Wells:
A review of the December 2014 self-monitoring report for the subject facility revealed violations of the
following parameter at Outfall 001:
Date Parameter Reported Value Permit Limit
12/18/14 Total arsenic 355.0 gg/L 340.0 µg/L (Daily maximum)
12/23/14 Total arsenic 360.0 µg/L 340.0 µg/L (Daily maximum)
12/31/14 Total arsenic 250.0 µg/L 184.0 µg/L (Monthly average)
A Notice of Violation and Notice of Recommendation for Enforcement (NOV/NRE) is being issued
for the noted violations of North Carolina General Statute (G.S.) 143-215.1 and NPDES Permit No.
NC0020737. 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.
If you wish to provide additional information regarding the noted violations, request technical
assistance, or discuss overall compliance please respond in writing within 10 days of receipt of this
Notice. A review of your response will be considered along with any information provided on the
December 2014 Discharge Monitoring Report. You will then be notified of any civil penalties that
Mooresville Regional Office
Location:610 East Center Ave.,Suite 301 Mooresville,NC 28115
Phone:[phone] Fax:[phone] Customer Service:1-877-623-6748
Internet httpJ1portal.noderK&9Nmb/wq
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NOV-2015-LV-0127, Page 2
may be assessed regarding these violations. If no response is received in this Office within the
10-day period, a civil penalty assessment may be prepared.
Remedial actions, if not already implemented, should be taken to correct any problems. The Division
of Water Resources may pursue enforcement actions for this and any additional violations. If the
violations are of a continuing nature, not related to operation and/or maintenance problems, and you
anticipate remedial construction activities, then you may wish to consider applying for a Special Order
by Consent.
If you have questions concerning this matter, please do not hesitate to contact Ms. Marcia Allocco or
myself at [phone].
Sincerely,
Michael L. Parker, Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDENR
cc: Wastewater Branch
MSC 1617— Central Files Basement