NC0020737_Inspection_20200211

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
CERTIFIED MAIL #:7016 1370 0000 2595 8259
RETURN RECEIPT REQUESTED
Rick Duncan, Water Resources Director
City of Kings Mountain
Post Office Box 429
Kings Mountain, North Carolina 28086
Dear Mr. Duncan:
NORTH CAROLINA
Environmental Quality
11 February 2020
Subject: Notice of Violation
Pretreatment Compliance Inspection
City of Kings Mountain
NPDES Permit No. NCO020737
Cleveland County
Tracking #: NOV-2020-PC-0075
Enclosed is a copy of the Pretreatment Compliance Inspection Report for the inspection of the City of Kings
Mountain's approved Industrial Pretreatment Program on January 14, 2020, by Mr. Wes Bell of this Office.
This report is being issued as a Notice of Violation 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 within thirty
(30) days as stipulated in the Division approved Enforcement Response Plan (ERP) on CVG for limit and reporting
violations and KMI for reporting violations during the second half of 2019. In addition, the City failed to adhere to
all of the IUP sampling methods during both semi-annual monitoring periods at Cormetech in 2019. 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.
It is requested that a written response be submitted to this Office by March 6, 2020, addressing the City's actions
to prevent the recurrence of these violations. The response must also include the City's actions (including copies of
the letters) to address the rescissions of multiple enforcement actions on Cormetech during the 2019 monitoring events
as discussed further in Comments and Summary Sections of the attached report. In responding, please address your
comments to Mr. Bell.
�� Office
Carolina Department of Environmental Quality I Division of Water Resources
Mooresville Regional 1 610 East Center Avenue, Suite 301 1 Mooresville, North Carolina 28115
NOR7H ORROLINA i
kmrlaam m EnNromi Wuwi` /`� 704.663.1699

Mr. Rick Duncan
Page Two
11 February 2020
The report should be self-explanatory; however, should you have any questions concerning this report, please do
not hesitate to contact Mr. Bell at [phone] or at wes.bellkncdenr.gov.
Sincerely,
DocuSigned by:
A14CC681 AF27425...
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, DEQ
Enclosure:
Inspection Report

NORTH CAROLINA DIVISION OF WATER RESOURCES
PRETREATMENT COMPLIANCE INSPECTION (PCI) REPORT
BACKGROUND INFORMATION:
1. Control Authority (POTW) Name: City of Kings Mountain
2. Control Authority Representative(s): Richelle Meek, Jason Davis
3. Title(s): WWTP Supervisor, Pretreatment Coordinator
4. Last Inspection Date: 1/16/19 Inspection Type: ® PCI ❑ Audit
5. Has Program Completed All Requirements from the Previous Inspection and Program Info Sheet(s)? ® YES ❑ NO
6. Is POTW under an Order That Includes Pretreatment Conditions? ® YES ❑ NO
Order Type, Number, Parameters: SOC WQ S16-001 Ad I; Prepare and issue modified SIU Permit by 3/31/16 (met); Quarterly
status reports by (January 1, April 1, July 1, October 1); Attain Compliance with NPDES Limit (thallium) by 8/31/2020.
Are Milestone Dates Being Met? ® YES ❑ NO ❑ NA
ICIS CODING
Main Program Permit Number MM/DD/YY
NCO020737 01/14/2020
7. Current Number Of Significant Industrial Users (SIUs)?
1 7
8. Number of SIUs With No IUP, or With an Expired IUP?
0
9. Number of SIUs Not Inspected By POTW in the Last Calendar Year?
0
10. Number of SIUs Not Sampled By POTW in the Last Calendar Year?
0
11. Number of SIUs In SNC For Limits Violations During Either of the Last 2 Semi -Annual Periods
0
12. Number of SIUs in SNC For Reporting During Either of the Last 2 Semi -Annual Periods
1
13. Number of SIUs in SNC with Pretreatment Schedule?
0
14. Number of SIUs on Schedules?
1
15. Current Number of Categorical Industrial Users (CIUs)?
7
16. Number CIUs in SNC?
1
POTW INTERVIEW
17. Since the Last PCI, has the POTW had any NPDES Limits Violations?
If Yes, What are the Parameters and How are these Problems Being Addressed?
18. Since the Last PCI, has the POTW had any Problems Related to an Industrial
Discharge (Interference, Pass -Through, Blockage, Citizens' Complaints, Increased
Sludge Production, Etc.)?
If Yes, How are these Problems Being Addressed?
19. Which Industries have been in SNC for Limits or Reporting during SNC for
either of the Last 2 Semi -Annual Periods? Not Been Published for SNC for
Public Notice?(May refer to PAR if Excessive SIUs in SNC) Not Pul
20. Which Industries are on Compliance Schedules or Orders? For all SIUs on an
Order, Has a Signed Copy of the Order been sent to the Division?
21. Are Any Permits Or Civil Penalties Currently Under Adjudication? If Yes, Which
Ones?
® YES [-]NO
See Comments
❑ YES ®NO
Limits: None
Reporting: Cormetech
)lished: N/A
Cormetech, Yes
❑ YES ®NO
LTMP/STMP FILE REVIEW:
22. Is LTMP/STMP Monitoring Being Conducted at Appropriate Locations and Frequencies? ® YES
23. Are Correct Detection Levels being used for all LTMP/STMP Monitoring? ® YES ❑ NO
24. Is LTMP/STMP Data Maintained in a Table or Equivalent? ® YES ❑ NO Is Table Adequate?
25. All LTMP/STMP effluent data reported on Discharge Monitoring Report? ® YES ❑ NO
❑ NO
26. If NO to 23 - 26, list violations:
27. Should any Pollutants of Concern be Eliminated from or Added to LTMP/STMP? ❑ YES ® NO
If yes, which ones? Eliminated: Added:
® YES ❑ NO
NC DWR Pretreatment Compliance Inspection (PCI) Form Updated 7/25/07 Page 1

28. PRETREATMENT PROGRAM ELEMENTS REVIEW:
Program Element
NCO020737
Last Submittal Received
Date In file?
Last Approval
Date In file
Date Next Due,
If Applicable
Headworks Analysis (HWA)
2/1/19
® Yes ❑ No
2/18/19
® Yes ❑ No
9/1/20
Industrial Waste Survey IWS
11/27/19
® Yes ❑ No
12/1/15
® Yes ❑ No
In Review
Sewer Use Ordinance SUO
10/4/13
® Yes ❑ No
10/10/13
® Yes ❑ No
Enforcement Response Plan (ERP)
1/10/14
® Yes ❑ No
1 3/11/14
® Yes ❑ No
Long Term Monitoring Plan (LTMP)
12/2/15
® Yes ❑ No
1 4/1/16
® Yes ❑ No
INDUSTRIAL USER PERMIT (IUP) FILE REVIEW:
29. User Name
F. CVG
2. KMI
3. Cormetech
30. IUP Number
026
031
032
31. Does File Contain Current Permit?
® Yes ❑
I ® Yes ❑
I ® Yes
❑
No
32. Permit Expiration Date
8/25/2021
6/15/2020
7/18/2021
33. Categorical Standard Applied (I.E. 40 CFR, Etc.) Or N/A
433
433
433
34. Does File Contain Permit Application Completed Within One Year Prior
® Yes ❑ No
FMTes ❑ No
® Yes ❑ No
to Permit Issue Date?
35. Does File Contain an Inspection Completed Within Last Calendar Year?
I ® Yes ❑ No
® Yes ❑ No 11
® Yes ❑
No
36. a. Does the File Contain aSlug/Spill Control Plan?
a. EYes ❑No
a. ®Yes ❑No
a. ®Yes ❑No
b. If No, is One Needed? See Inspection Form from POTW
b. ❑Yes ❑No
b. ❑Yes ❑No
b. []Yes []No
37. For 40 CFR 413 and 433 TTO Certification, Does File Contain a Toxic
®Yes❑No❑N/A
Yes❑No❑N/A
P
®Yes❑No❑N/A
Organic Management Plan (TOMP)?
38. a. Does File Contain Original Permit Review Letter from the Division?
a. EYes ❑No
a. EYes []No
a. EYes ❑No
b. All Issues Resolved?
b.❑Yes❑No®N/A
b.❑Yes❑No®N/A
b.❑Yes❑No®N/A
39. During the Most Recent Semi -Annual Period, Did the POTW Complete
® Yes ❑ No
® Yes ❑ No
ElYes ® No
its Sampling as Required b IUP, includingflow?
40. Does File Contain POTW Sampling Chain -Of -Custody Forms?
I ® Yes ❑ No
® Yes ❑ No
® Yes ❑ No
41a. During the Most Recent Semi -Annual Period, Did the SIU Complete its
®Yes❑No❑N/A
®Yes❑No❑N/A
®Yes❑No❑N/A
Sampling as Required by IUP, including flow?
41b. During the Most Recent Semi -Annual Period, Did SIU submit all reports
®Yes❑No❑N/A
®Yes❑No❑N/A
®Yes❑No❑N/A
on time?
42a. For categorical IUs with Combined Wastestream Formula (CWF), does
❑Yes❑No®N/A
❑Yes❑No®N/A
❑Yes❑NoEN/A
file includeprocess/dilution flows as Required by IUP?
42b. For categorical IUs with Production based limits, does file include
0Yes0No[9
FEVc;❑No®N/A
❑Yes❑NoEN/A
production rates and/or flows as Required by IUP?
43a. During the Most Recent Semi -Annual Period, Did the POTW Identify
EYes❑No❑NA
®Yes❑No❑N/A
®Yes❑No❑N/A
All Limits Non -Compliance from Both POTW and SIU Sampling?
43b. During the Most Recent Semi -Annual Period, Did the POTW Identify
®Yes❑No❑N/A
®Yes❑No❑N/A
®Yes❑No❑N/A
All Reporting Non -Compliance from SIU Sampling?
44. a. Was the POTW Notified by SIU (Within 24 Hours) of All Self-
a.❑Yes®No❑N/A
a.❑Yes®No❑N/A
a.❑Yes❑No®N/A
Monitoring Violations?
b. Did Industry Resample and submit results to POTW Within 30 Days?
b.❑Yes❑No®N/A
b.❑Yes❑No®N/A
b.❑Yes❑No®N/A
c. Did POTW resample within 30 days of knowledge of SIU limit
c.❑Yes❑No®N/A
c.❑Yes❑No®N/A
c.❑Yes❑No®N/A
violations from the POTW sample event?
45. During the Most Recent Semi -Annual Period, Was the SIU in SNC?
❑
Yes
®
No 11
❑
Yes
®
No 11
®
Yes
❑
No
46. During the Most Recent Semi -Annual Period, Was Enforcement Taken
❑Yes®No❑N/A
❑Yes®No❑N/A
❑Yes®No❑N/A
as Specified in the POTW's ERP (NOVs, Penalties, timing, etc.)?
47. Does the File Contain Penalty Assessment Notices?
❑Yes❑NoEN/A
❑Yes❑NoEN/A
®Yes❑No❑N/A
48. Does The File Contain Proof Of Penalty Collection?
❑Yes❑No®N/A
❑Yes❑No®N/A
❑Yes❑No®N/A
49. a. Does the File Contain Any Current Enforcement Orders?
a.❑Yes❑No®N/A
a.❑Yes❑No®N/A
a.®Yes❑No❑N/A
b. Is SIU in Compliance with Order?
b.❑Yes❑No®N/A
b.❑Yes❑No®N/A
b.®Yes❑No❑N/A
50. Did the POTW Representative Have Difficulty in Obtaining Any of This
❑ Yes ® No
❑ Yes ® No
❑ Yes ® No
Requested Information For You?
NC DWR Pretreatment Compliance Inspection (PCI) Form Updated 7/25/07 Page 2

FILE REVIEW COMMENTS:
17. NPDES Effluent Limit Violations: August 2019 - Arsenic (2-daily maximum and monthly average); October 2019 — Total
Residual Chlorine (2-daily maximum) and Ammonia (weekly average and monthly average); November 2019 — Ammonia
(monthly average).
35. The POTW performed SIU inspections on 12/10/19 (CVG), 12/9/19 (KMI) and 12/13/19 (Cormetech).
39. The POTW's on -site laboratory performs BOD, TSS, ammonia, and pH analyses. Shealy Environmental Services, Inc. has
been contracted to perform the analyses of all remaining LTMP parameters.
The POTW failed to collect composite BOD and TSS samples (as required by the IUP) during the second half of 2019
sampling event at Cormetech (only grab samples were collected). In addition, the POTW failed to collect any of the IUP-
required composite samples during the first half of 2019 at Cormetech (only grab samples were collected).
41a. The SIUs contract the following laboratories to perform analyses: PAR Laboratories (CVG); Pace Analytical Services,
Inc. (KMI); and Shealy Environmental Services (Cormetech).
43b. POTW enforcement actions:
CVG was issued a NOV on 11/7/19 for zinc limit violations in August 2019 and the failure to report the violations within
24 hours. CVG was also issued a NOV on 12/18/19 for the failure to calibrate the flow meter.
KMI was issued a NOV on 11/13/19 for nickel limit violations in September 2019 and the failure to report violations
within 24 hours. KMI was also issued a Notice of NonCompliance on 11/13/19 for the failures to properly report values
on the IDMR for August 2019, September 2019, and October 2019.
Cormetech was issued a NOV and civil penalty ($128,271.68) for reporting violations (flow data) that occurred in 2016-
2017. The POTW did not become aware of these violations until 2019. The EPA CID performed an investigation on
these reporting violations which resulted in criminal convictions of a Cormetech employee.
46. The POTW failed to initiate enforcement actions (within 30-days) according to the Division approved ERP to CVG
(August 2019 zinc violations) and KMI (failure to properly report results on August, September and October 2019
IDMRs). The NOVs and civil penalties issued to Cormetech in December 2019 for the October 2019 limit violations
(ammonia and cadmium) will have to be rescinded due to the POTW's failure to sample according to the IUP (composite
instead of grab).
SUMMARY AND COMMENTS:
The records reviewed during the inspection were organized and well maintained.
The SIU IUPs require the submittal of monitoring reports by the 20' day of the following month samples are collected. The
POTW must initiate appropriate enforcement actions within 30-days of receipt of this data as specified in the Division
approved ERP. In addition, the POTW must ensure the sampling method (grab, composite, etc.) adheres to the IUP for
compliance determinations.
The POTW should review all enforcement actions to Cormetech in 2019 and rescind all applicable enforcement actions if the
incorrect IUP sampling method was used (by POTW staff) to determine compliance. The review and rescission of these
enforcement actions must be completed and issued by February 28, 2020.
NOD: ❑ YES ® NO
NOV: EYES ❑ NO
QNCR: [—]YES ®NO
POTW Rating:
Satisfactory ❑ Marginal ❑ Unsatisfactory_ ❑
E�—"96DWCC3437
cuSigneddby:
PCI COMPLETED BY:... DATE: 21512020
Wes Bell, Environmental Specialist II
NU UWK Fretreatment Uompliance Inspection orm Updateage.3

DocuSigned by:
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PCI REVIEWED BY: a,accsa,nFz�azs... DATE: 2/11/2020
W. Corey Basinger, Regional Supervisor
NC DWR Pretreatment Compliance Inspection (PCI) Form Updated 7/25/07 Page 4