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HomeMy WebLinkAboutNC0079740_Regional Office Historical File Pre 2018Water Resources ENVIRONMENTAL QUALITY June 24, 2016 Edgar Murphrey City of Kings Mountain 101 W Gold St Kings Mountain, NC 28086 Subject: NPDES Electronic Reporting Requirements Ellison WTP NPDES Permit Number: NCO079740 Dear NPDES Permittee: PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary- S. JAY ZIMMERMAN Director RECEIVEMCDENRIDWIR JUN 30 2016 Vt QPOS MOOIREBVII-LE REGIONAL OFFICE The U.S. Environmental Protection Agency (EPA) recently published the National Pollutant Discharge Elimination System (NPDES) Electronic Reporting Rule. The rule requires NPDES regulated facilities to report information electronically, instead of filing written paper reports. The rule does not change what information is required from facilities. It only changes the method by which information is provided (i.e., electronic rather than paper -based). EPA is phasing in the requirements of the rule over a 5-year period. The two phases of the rule, and their key milestones, are: • Phase 1—Starting on December 21, 2016, regulated, entities that are required.to submit Discharge Monitoring Reports (DMRs) will begin submitting these reports electronically. If you are currently reporting your DMR data electronically using eDMR, then you simply need to continue reporting in the same way as you are now. The key change is that, starting on December 21, 2016, electronic reporting of DMRs will be required, instead of voluntary. • Phase 2—Starting on December 21, 2020, regulated entities that are required to submit certain other NPDES reports will begin submitting these reports electronically. Reports covered in the second phase include Notices of Intent to discharge in compliance with an NPDES general permit, Sewer Overflow/Bypass Event Reports, and a number of other NPDES program reports. Incorporating Electronic Reporting Requirements into NPDES Permits The NPDES Electronic Reporting Rule requires authorized NPDES programs to incorporate electronic reporting requirements into NPDES permits beginning December 21, 2015. Under the new rule, the electronic reporting process supersedes the paper reporting process. According to our files, your NPDES permit became effective after November 2013, and should contain the requirement to electronically report your Discharge Monitoring Reports using NC DWR's eDMR system. In addition to requiring permittees to report information electronically, the rule also requires permittees to identify the initial recipient for the'NPDES electronic reporting data [see 40 CFR 122.41(I)(9)]. Initial State of North Carolina I Environmental Quality I Water Resources 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 919 807 6300 recipient of electronic NPDES information from NPDES-regulated facilities (initial recipient) means the entity (EPA or the state authorized by EPA to implement the NPDES program) that is the designated entity for receiving electronic NPDES Data [see 40 CFR 127.2(b)]. Permittees are required to electronically submit the required NPDES information to the appropriate initial recipient, as determined by EPA. By July 18, 2016, EPA must identify and publish on its web site and in the Federal Register a listing of initial recipients by state and by NPDES data group. Once available, you can use EPA's web site to find out or determine the initial recipient of your electronic submission. NC DWR has submitted a request to EPA to be the initial recipient for the following NPDES data groups: 1. Discharge Monitoring Reports; 2. General Permit Reports [Notices of Intent to discharge (NOls); Notices of Termination (NOTs)]; 3. Pretreatment Program Reports; and 4. Sewer Overflow/Bypass Event Reports EPA's web site will also link to the appropriate electronic reporting tool for each type of electronic submission for each state. Instructions on how to access and use the appropriate electronic reporting tool will be available as well. For more information on EPA's NPDES Electronic Reporting Rule, visit http://www2.epa.gov/compliance/final-national-pollutant-discharge-elimination-system-npdes- electronic-reporting-rule. For more information on electronic reporting to NC DWR, visit http://deg.nc.gov/about/divisions/water-resources/edmr/npdes-electronic-reporting or contact Vanessa Manuel at 919-807-6392 or via email at Vanessa.Manuel@ncdenr.gov. Sincerely, Jeffre,y O. PawpcL f- for S. Jay Zimmerman, P.G. Cc: NPDES File Central Files Moor8v'ille Reg na dffice J,�OVater F uallty, iProg f.. .Y 1� q June 2, 2016 Wastewater Branch Water Quality Permitting Section Division of Water Resources 1617 Mail Service Center Raleigh, NC 27699-1617 P.O. BOX 429 ® KINGS MOUNTAIN, NORTH CAROLINA 28086 o 704-734-0333 Subject: Delegation of Signature Authority T. J. Ellison Water Treatment Plant NPDES Number NCO079740 To Whom It May Concern: RECEIVED/NCDENR/DWR JUN 8 eu16 WQROS MOORESVILLE REGIONAL OFFICE By notice of this letter, I hereby delegate signatory authority to each of the following individuals for all permit applications, discharge monitory reports, and other information relating to the operations at T. J. Ellison Water Treatment Plant as required by all applicable federal, state, and local environmental agencies specifically with the requirements for signatory authority as specified in 15A NCAC 213.0506. Ricky C. Duncan Water Resources Director If you have any questions regarding this letter, please feel free to contact me at 704-734-0333. Sincerely, G. Scott Neisler Mayor, City of Kings Mountain ✓Cc: NCDWR Mooresville Regional Office, Water Quality Permitting Section The Historical City rr, AFCEIVEDINCDENP.IDWR 0'. A74 JUN �a WQ-Ros NCDENR MO Eci II E RE ;IONb L OFFICE ��rt faro inaepartment of Environment and Natural Resources Division of Water Resources Pat McCrory Donald R. van der Vaart Governor WATER QUALITY PERMITTING SECTION Secretary I. I" PERMIT NAME/OWNERSHIP CHANGE REQUEST This form is for ownership changes or name changes of NPDES wastewater permits. ® "Permittee" references the existing permit holder • "Applicant" references the entity applying for the ownership/name change. NPDES Permit No. (for which the change is requested): N C 0 0 q �� or Certificate of Coverage #: N C G S Existing Permittee Information: a. Permit issued to (company name): b. Person legally responsible for permit: c. Facility name: d. Facility's physical address: e. Facility contact person: III. Applicant Information: a. Request for change is a result of: If other please explain: b. Permit issued to (company name): c. Person legally responsible for permit: w e,& MI Last jFirst IN �Pt" 1�e40lc1'C�s 1) i 1'�L' I �bI n Title nliQ ermit bolder Mail' Address City State Zip Phone J. )eVi _< w lr ke t^77r_-�ahmen," Fax raei 44 lS�3a 0a4qroY& emd y Address �/1 02 �,�/ r t City State Zip 1V P 41eNto �� (70�p 41,?2- 7/_& First / MI / Last Phone ❑ Change in ownership of the facility ❑ -Name change of the fac�ity or owner Firs MI Last Title Pe it HolderWM11m*g Address Q %a/ , Ci State Zip Phone E-mail Addr ss ' Page 1 of 2 Revised 710112014 VF' IV d. Facility name: ; Sor�i � Pam( P/if �J%P� 6al e. Facility's physical address: /* .3.9, 60,4, 64y-'o r Addresses / O k City 0 State Zip f Facility contact person: Az/.(l� / 4�w,3 First MI Last Title Phone E-mail Address / Will Pe permitted facility continue to conduct the same commercial/industrial activities conducted prior to this wnership or name change? BY Yes ❑ No (please explain) If applicable, the applicant shall submit a major permit modification request to DWR. A major modification shall be defined as one that increases the volume, increases the pollutant load, results in a significant relocation of the discharge point, or results in a change in the characteristics of the waste generated. V. Required Items: THIS APPLICATION WILL BE RETURNED UNPROCESSED IF ITEMS ARE INCOMPLETE OR MISSING: 1. This completed application is required for both name change and/or ownership change requests. 2. Legal documentation of the transfer of ownership (such as relevant pages of a contract deed, or a bill of sale) is required for an ownership change request. Articles of incorporation are not sufficient for an ownership change. Applicable regulations: 40 CFR 122.41, 40 CFR 122.61 and 15A NCAC 02H .0114 ..................................................................................................................... The certifications below must be completed and signed by both the permit holder prior to the change (Permittee), and the new applicant in the case of an ownership change request. For a name change request, the signed Applicant's Certification is sufficient. PERMITTEE CERTIFICATION (Permit holder prior to ownership change): I, , attest that this application for a name/ownership change has been reviewed and is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed and that if all required supporting information is not included, this application package will be returned as incomplete. Signature Date APPLICA\NT -CERTIFICATION . I, attest that thfis application for a name/ownership change has been reviewed and is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed and that if all required supporting information is not included, this application package will be returned as incomplete. a.2,�V/6 Signature Date PLEASE SEND THE COMPLETE APPLICATION PACKAGE TO: Division of Water Resources Water Quality Permitting Section 1617 Mail Service Center Raleigh, North Carolina 27699-1617 NPDES PERMIT NAME/OWNERSHIP CHANGE REQUEST Page 2 of 2 Revised 710112014 Pat McCrory Governor I. H. A74(111�1 al NC®ENR North Carolina Department of Environment and Natural Division of Water Resources WATER QUALITY PERMITTING SECTION Resources Donald R. van der Vaart Secretary PERMIT NAME/OWNERSHIP' CHANGE REQUEST This form is for ownership changes or name changes of NPDES wastewater permits. © "Permittee" references the existing permit holder ® "Applicant" references the entity applying for the ownership/name change. NPDES Permit No. (for which the change is requested): N C O O a,013 `1 or Certificate of Coverage #: NC G 5 Existing Permittee Information: a. Permit issued to (company name): b. Person legally responsible for permit: c. Facility name: d. Facility's physical address: e. Facility contact person: III. Applicant Information: a. Request for change is a result of: If other please explain: b. Permit issued to (company name . c. Person legally responsible for permit: a,.)U d A/ �eAJ ors oe 1�/e_,14 First MI Last Title ermit older Mailing Address — /A a). A 09M Ci State Zip v2l�a- one Fax D� i Address ca State Zip (701 First / MI / Last Phone ❑ Change in ownership of the facility ❑ Name change of the facility or owner �� +-/L% v. u v 11,� First MI \\ Last Title Permit Holder Mailing Address i� l 6, —)8686 CiV State Zip r(o_ d&0, o kX Col Phone E-mail Add ess Page 1 of 2 Revised 710112014 d. Facility name: e. Facility's physical address: 7Q,�`eef�� Address a/ A[C, C9-In J Z& State f. Facilitycontact person: First MI Last �ii'✓Iso r /0 kc, —�t Title (?rod 7�9 'i/3/ tGiens>< i 1o� (2Xp_V , Phone E-mail Address IV. Will the permitted facility continue to conduct the same commercial/industrial activities conducted prior to this ownership or name change? ❑ Yes ❑ No (please explain) If applicable, the applicant shall submit a major permit modification request to DWR. A major modification shall be defined as one that increases the volume, increases the pollutant load, results in a significant relocation of the discharge point, or results in a change in the characteristics of the waste generated. V. Required Items: THIS APPLICATION WILL BE RETURNED UNPROCESSED IF ITEMS ARE INCOMPLETE OR MISSING: 1. This completed application is required for both name change and/or ownership change requests. 2. Legal documentation of the transfer of ownership (such as relevant pages of a contract deed, or a bill of sale) is required for an ownership change request. Articles of incorporation are not sufficient for an ownership change. Applicable regulations: 40 CFR 122.41, 40 CFR 122.61 and 15A NCAC 02H .0114 ..................................................................................................................... The certifications below must be completed and signed by both the permit holder prior to the change (Pennittee), and the new applicant in the case of an ownership change request. For a name change request, the signed Applicant's Certification is sufficient. PERMITTEE CERTIFICATION (Permit holder prior to ownership change): I, , attest that this application for a name/ownership change has been reviewed and is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed and that if all required supporting information is not included, this application package will be returned as incomplete. Signature Date APPLICAN�CATION I, attest that this application for aname/ownership change has been reviewed and is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed and that if all required supporting informatio is not included, this application package will be returned as incomplete. Signature Date PLEASE SEND THE COMPLETE APPLICATION PACKAGE TO: Division of Water Resources Water Quality Permitting Section 1617 Mail Service Center Raleigh, North Carolina 27699-1617 NPDES PERMIT NAME/OWNERSHIP CHANGE REQUEST Page 2.of 2 Revised 710112014 Pr The City of Kings Mountain Pilot Creek WWTP 200 Potts Creek Road Kings Mountain, NC 28086 March 23, 2015 Michael L. Parker Regional Supervisor Division of Water Resources, NCDENR 610 East Central Ave. Suite 301 Mooresville, NC 28115 Re: Notice of Violation and Notice of Recommendation for Enforcement Dear Mr. Parker: RECEIVED/NCDENR/DWR MAR 2 7 2015 WOROS MOORESVILLE REGIONAL OFFICE Thank you for the opportunity to respond on behalf of the City of Kings Mountain's NOV/NRE dated March 16, 2015 for the parameter Total Arsenic, on the December 2014 Discharge Monitoring Report (DMR). After reviewing the data for possible typo errors, it was found that these values reported, were correct according to our contracted laboratory's report. After reviewing historical data on this parameter, it appears that the normal range was <100 ug/I opposed to the levels in December 2014. In order to calculate our plant removal rates and update our Long Term Monitoring Plan (LTMP) as needed, we collect Influent samples on Tuesday and Effluent samples on Thursday (normally) to get our plants removal rates. As indicated on this report, it appears that there were also higher levels of Total Arsenic found in out Influent samples for this month. With this being said, we plan to continue monitoring our Influent and Effluent as mentioned above, and begin sampling possible source(s), from our Industrial User(s) more frequently. PV If you should have any questions concerning this matter, please feel free to contact me at 704- 739-7131. Sincerely, WWTP Superintendent/Pretreatment Coordinator cc: Ms. Marcia Allocco ,&4 NC®ENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor March 9, 2015 CERTIFIED MATL7013 2630 0001 8998 4766 RETURN RECEIPT REQUESTED Mr. Dennis R. Wells, Water Resources Director City of Kings Mountain 101 W Gold St Kings Mountain, NC 28086 Donald R. van der Vaart Secretary RECEIVED/NCDENR/DWR APR - 2 2015 WORDS MOORESVILLE REGIONAL OFFICE Subject: Notice of Deficiency Failure to Submit Electronic Discharge Monitoring Reports (eDMRs) Ellison WTP NPDES Permit NCO079740 Cleveland County Dear Mr. Wells: Per the terms of your NPDES permit, you were required to register for and begin using the Division of Water Resources' electronic Discharge Monitoring Report (eDMR) system by October 29, 2014. Our records indicate that as of the date of this letter, the subject facility has registered to use eDMR, but has not submitted data electronically. Failure to register and begin submitting reports electronically is a violation of the terms of your permit, subjecting you to a possible Notice of Violation and/or the assessment of civil penalties. In order to reduce the risk of receiving additional enforcement action, you must complete your registration within 3 0 days of receipt of this notice. The Division has prepared a website devoted to all aspects of eDMR, including registration for its use, obtaining an eDMR user account, and answers to frequently asked questions. You are encouraged to visit the website at: http://portal.nedenr.org/web/wq/admin/bog/ipu/edinr. Should you have further questions regarding eDMR after reviewing the website's content, or have need of fu tther assistance, you should contact the appropriate Division staff member as listed under the "Contact Us" section of the website. Thank you for your cooperation in this matter Sincer Z)v a�. S. Jay Zimmerman, Director� Division of Water Resources cc: NPDES File Central Files dw1' syrl% ± to a1[ggie wd-gi +p�Ildhs-0 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Phone: 919-807-6300 \Internet: wvvw.ncwaterquality.org An Equal Opportunity 1 Affirmative Action Employer— Made in part by recycled paper AC - �® I iRECEIVEDJNCDENI-40V > NC®ENR MAR 19 2015 North Carolina Department of Environment and Natural Resources Pat McCrory Governor March 9, 2015 CERTIFIED MA1L7013 2630 0001 8998 4766 RETURN RECEIPT REQUESTED Mr. Dennis R. Wells, Water Resources Director City of Kings Mountain 101 W Gold St Kings Mountain, NC 28086 wQaos MpgWRI,4ffa fflnWFFICE Secretary Subject: Notice of Deficiency Failure to Submit Electronic Discharge Monitoring Reports (eDMRs) Ellison WTP NPDES Permit NCO079740 Cleveland County Dear Mr. Wells: Per the terms of your NPDES permit, you were required to register for and begin using the Division of Water Resources' electronic Discharge Monitoring Report (eDMR) system by October 29, 2014. Our records indicate that as of the date of this letter, the subject facility has registered to use eDMR, but has not submitted data electronically. Failure to register and begin submitting reports electronically is a violation of the terms of your permit, subjecting you to a possible Notice of Violation and/or the assessment of civil penalties. In order to reduce the risk of receiving additional enforcement action, you must complete your registration within 3 0 days of receipt of this notice. The Division has prepared a website devoted to all aspects of eDMR, including registration for its use, obtaining an eDMR user account, and answers to frequently asked questions. You are encouraged to visit the website at: littp:Hportal.nedenr.org/web/wq/admin/boglipu/edmr. Should you have further questions regarding eDMR after reviewing the website's content, or have need of further assistance, you should contact the appropriate Division staff member as listed under the "Contact Us" section of the website. Thank you for your cooperation in this matter nicer. , c S. Jay Zimmerman, irecto Division of Water Resources cc: NPDES File Central Files ooresvilIe_Regzonal_�J1fice WQ Regro`n_al=0peitiorr 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Phone: 919-807-6300 Vnternet: www.ncwaterqual4.org An Equal Opportunity 1 Affirmative Action Employer— Made in part by recycled paper NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor February 6, 2013 City of Kings Mountain T.J. Ellison Water Treatment Plant P.O. Box 429 Kings Mountain NC, 280086 Subject: Receipt of permit renewal application NPDES Permit NCO079740 Cleveland County Dear Mr. Dennis Wells, John E. Skvarla, III Secretary RECEIVED DIVISION OF WATER QUALITY FEB 14 2013 MOORESVILLE REGIONAL OFFICE The NPDES Unit received your permit renewal application on February 6, 2013. This permit renewal has been assigned Charles Weaver (919-807-6391) who will contact you if any additional information is required to complete your permit renewal. Due to current backlog, you should continue to operate under terms of your current permit, until a new permit is issued. If you have any questions, please contact the assigned permit writer. Sincerely, "I'&, i�(� AL Jeff Poupart Point Source Branch Cc: Central Files Morrisville Regional Office NPDES Unit 1601 Mail Service Center, Raleigh, North Carolina 27699-1601 One Phone: 919-707-86001 Internet: vwww,ncdenr.gov NOl'thCaytrofina An Equal Opportunity1 Affirmative Action Employer- 50% Recycled 110% Post Consumer Paper Na l all y NPDES PERMIT APPLICATION - SHORT FORM C - WTP'�` For discharges associated with water treatment plants 0 Mail the complete application to: k N. C. Department of Environment and Natural Resources Division of Water ll,> . Quality / NPDES Unit +� 1617 Mail Service Center, Raleigh, NC 27699-1617 NPDES Permit Number INCOO '7 q *7 4o If you are completing this form in computer use the TAB key or the up - down arrows to move from one field to the next. To check the boxes, click your mouse on top of the box- Otherwise, please print or type. 1. Contact Information: Owner Name C :k d KinpS MOLA .' n Facility Name 1',J Ell.son WcJer-f'realmenk '91an+ Mailing Address Q (7 (3ox �Fa9 City State / Zip Code N C aSDB� Telephone Number ( *7o f } r?34- 4505 Fax Number (�o� } '13o - of l5a e-mail Address denn'sU)(AirCl-kofkma rom - 2. Location of facility producing discharge: Check here if same as above ❑ Street Address or State Road 11143a Oak Grooe m Roa City K�naS Mounypin State / Zip Code A C a 8og(19 County Clevela„d 3. -Operator Information: - Name of the firm, consultant or other entity that operates the facility. (Note that this is not referring to the Operator in Responsible Charge or ORC) Name C;4: 0T Kings MQ%An4Gi Mailing Address Po do)c 4a,q City Ki o o c MounAag o State / Zip Code N C. a 2 b3(o Telephone Number (70q } 73 4- q S z r Fax Number (7 01 } 7 3 0. 2.I 5 Z 4. Ownership Status: Federal ❑ State ❑ Private ❑ Public 2/ Pagel of3 Version5/2012 NPDES PERMIT APPLICATION - SHORT FORM C - WTP For discharges associated with water treatment plants of treatment plant: U Conventional (Includes coagulation, flocculation, and sedimentation, usually followed by filtration and disinfection) .❑ Ion Exchange (Sodium Cycle Cationic ion exchange) ❑ - Green Sand Filter (No sodium recharge) ❑ Membrane Technology (RO, nanofiltration) Check here if the treatment process also uses a water softener ❑' 6. Description of source *ater(s) (Le. groundwater, surface water) SL44ace WeAer - John 11 Moss 1-a14e- 7. . Describe the treatment process(es) for the raw water: Co4,StAl4ion - Atum, P06ssium permanF3ctr>a,Ae, Cct"kIr ptAC, �'o��01weca Y�� �'�Decc,la�l/oyn S echm-ei1�}iDn - Pre QIA-er c,hlonnc ion r �jtkratiOn — P%S cHlorinw6ior� � POs� c�t;,,-'lu-ride, S. Describe the wastewater and the treatment process(es) for wastewater generated by the facility: ]�e�lo(rf n1� FioYl "�110� �me1r 10,dcie-4 poor ko f1sWci, ,- �\A.,-kener �A-jk . AoUi l-.Diw l dechlorin0.��or• t9t �i6liV►Gr�G k.(orh 'S-a.�k Can IOe- porLe i � fleeoQect, wk W,P� We��„ Alwm sltdge s dew��e�►J�o< �;k4. betk dress, sol;oi '- �u�►�1�'���eoQ, 9. Number of separate discharge points: 1 Outfall Identification numbers) 001 10. - Frequency of discharge: Continuous ❑ Intermittent 01 If intermittent: Days per week discharge occurs: `7 Duration: 6 - i o tkrs 11. Plant design potable flowrate 2. o MGD Backwash or reject flow D , o (60 MGD 12. Name of receiving stream(s) (Provide a map showing the exact location of each outfall, including latitude and longitude): QAk' c.10Cree(C 13. Please list all water treatment additives, including cleaning chemicals or disinfection treatments, that have the potential to be discharged. Alum / aluminum sulfate -Ye No Page 2 of 3 Version 5/2012 NPDES PERMIT APPLICATION - SHORT FORM C - WTP For discharges associated with water treatment plants dfate / ferrous sulfate le Ye No Yes Ammonia nitrogen / Chloramines Yes N& Zinc -orthophosphate or sweetwater CP1236 YesU List any other additives below: Caustic Pbin&cfum Pe-rrr�anaanm4, r PAC, 14. Is this facility located on Indian country? (check one) Yes ❑ No 1 15. Additional Information: ➢ Provide a schematic of flow through the facility, include flow volumes at all points in the water treatment process., The plan should show the point[s] of addition for chemicals and all discharges routed to an outfall [including stormwater]. ➢ Solids Handling Plan - be e't s ot; cls ar r- -�wke^ �o qe,,6 ,a[ Cou.,� l ,a ,d V; L 1, 16. NEW Applicants Information needed in addition to items 1-15: ➢ New applicants must contact a permit coordinator with the NCDENR Customer Service Center. Was the Customer Service Center contacted? ❑ Yes ❑ No ➢ Analyses of source water collected ➢ Engineering Alternative Analysis ➢ Discharges from Ion Exchange and Reverse Osmosis plants shall be evaluated using a water quality model. 17. Applicant Certification I certify that I am familiar with the information contained in the application and that to the best of my knowledge and belief such information is true, complete, and accurate. De fR L ki s W�'�"'RcSources Dsr"dyr Printed name of Person Signing Title Signature of Applicant Date North Carolina General Statute 143-215.6 (b)(2) provides that Any person who knowingly makes any false statement representation, or certification in any application, record, report, plan, or other document files or required to be maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, or who falsifies, tampers with, or knowingly renders inaccurate any recording or monitoring device or method required to be operated or maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, shall be guilty of a misdemeanor.punishable by a fine not to exceed $25,000, or by imprisonment not to exceed six months, or by both. (16 U.S.C. Section 1001 provides a punishment by a fine of not more than $25,000 or imprisonment not more than 5 years, or both, for a similar offense.) 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''� / � � } .�"�`-� f , ♦, II ;I(l _ Cif f,c ♦yam t !r fa r/_-`"� `e �3 F'; %�<♦ �x�Si N' gPj...; S� \I Ir%0M66'' _ t �f � �\:` - r/ ...-1 - � 1 �� r^-�i'`♦�_�'..�. i`�� \ \`��� i `♦ -T tf \ � { � Sri _ � `�� \ r _ >> tl O / � ( r -- L nu: > _,!. uY�:t_i a�,b� ,`\1'1St s -4. ID V xo Q 4 ut�! k rw � r 1 Beverly Eaves Perdue Governor North Carolina Department of Environment and Natura Division of Water Quality Coleen H. Sullins Director August 22, 2011 Mr. Dennis Wells, Water Resources Director City of Kings Mountain P. O. Box 429 Kings Mountain, North Carolina 28086 Dear Mr. Wells: ,FILE/ Resources XM Subject: Rescission of Notice of Violation Tracking #: NOV-2011-MV-0132 TJ Ellison WTP NPDES Permit No. NCO079740 Cleveland County Dee Freeman Secretary On August 4, 2011, this Office received an amended Discharging Monitoring Report (DMR) for March 2011, in response to the above referenced Notice of Violation (NOV). The NOV was issued for failure to monitor flow at Outfall 001 for the week ending April 2, 2011. The cover letter to the amended DMR noted that the flow value for March 31, 2011, was inadvertently left off the originally submitted DMR. Based on the amended DMR this Office is rescinding the above referenced Notice of Violation. If you have any further questions concerning this matter; please do not hesitate to contact Marcia Allocco at (704) 663-1699. Sincerely, �� Robert B. Krebs Surface Water Protection Regional Supervisor cc: Point Source Branch Mooresville Regional Office Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone: (704) 663-16991 Fax: (704) 663.60401 Customer Service: 1-877-623-6748 Internet: hftp://partal,ncdenr.org/web(wq Ar, Equal Qpportunih, . Affrn,ative chor Employ - 30R,. 1Zeovded'10°11 °os`: Consumer pane: One N6 thCarolina ,A1 7,d °wally Beverly Eaves Perdue Governor cc: MA il-�7 I-A 71*VA, NC®ENR North Carolina Department of Environment and Natural Resources Division of Water Quality Coleen H. Sullins Director July 14, 2011 Mr. Dennis Wells, Water Resources Director City of Kings Mountain P. O. Box 429 Kings Mountain, North Carolina 28086 Subject: Notice of Violation — Monitoring Violation Tracking #: NOV-2011-MV-0132 TJ Ellison WTP NPDES Permit No. NCO079740 Cleveland County Dear Mr. Wells: Dee Freeman Secretary A review of the March and April 2011 self -monitoring reports for the subject facility revealed a monitoring violation of the following parameter at Outfal1001: Date Parameter Reported Value Monitoring Requirement Week ending 4/2/11 Flow None Weekly Remedial actions, if not already implemented, should be taken to correct any problems. The Division of Water Quality may pursue enforcement actions for this and any additional violations. If the violations are due to a transcription error (data left off the DMR) please submit an amended DMR (two copies) to this Office along with a cover letter asking for rescission of the Notice of Violation. Please address your correspondence to Ms. Marcia Allocco at the letterhead address. If you have questions concerning this matter, please do not hesitate to contact Ms. Allocco or me at 704/663- 1699. Point Source Branch Sincerely, Robert B. Krebs Surface Water Protection Regional Supervisor Mooresville Regional Office Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone: (704) 663-16991 Fax: (704) 663-60401 Customer Service: 1-877-623-6748 Internet: hUp:Hportal.ncdenr.org/web/wq NorthCarolina An Equal Opportunity 1 Affirmative Action Employer— 30% Recycled/10% Post Consumer paper � 0Ar LEE" NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory John E. Skvarla, III Governor Secretary April 17, 2014 r + C c"% Vie, ,,,jr �. Water Resources Director City of Kings Mountain Post Office Box 429 Kings Mountain, North Carolina 28086 Subject: Compliance Evaluation Inspection T.J. Ellison WTP NPDES Permit No. NCO079740 Cleveland County Dear Mr. Wells: Enclosed is a copy of the Compliance Evaluation Inspection Report for the inspection conducted at the subject facility on April 10, 2014 by Mr. Wes Bell of this Office. Please inform the facility's Operator -in - Responsible (ORC) of our findings by forwarding a copy of the enclosed report. The report should be self-explanatory; however, should you have any questions concerning this report, please do not hesitate to contact Mr. Bell at (704) 235-2192 or at wes.bell @ncdenr.gov. Sincerely, Michael L. Parker, Regional Supervisor Mooresville Regional Office Water Quality Regional Operations Section Division of Water Resources, NCDENR Enclosure: Inspection Report cc ON Cleveland County Health Department '�. Mooresville Regional Office Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone: (704) 663-16991 Fax: (704) 663-60401 Customer Service:1-877-623-6748 Internet: www.ncwaterquality.org An Equal Opportunity 1 Affirmative Action Employer — 30% Recycled/10% Post Consumer paper United States Environmental Protection Agency Form Approved. EPA Washington, D.C. 20460 OMB No. 2040-0057 WafPr— Approval expires 8-31-98 Section A: National Data System Coding (i.e., PCS) Transaction Code NPDES ydmo/day Inspection Type Inspector Fac Type 1 INI 2 15 I 3 I NCO079740 111 121 14/04/1, 117 181 C I 19I S I 20I Remarks Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 CIA -- ---- --------Reserved------ 67 I 1.5 169 70141 711 N I 721 N I 73 LU 74 751 1. I I I I Li Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 10:40 AM 14/04/11 14/02/01 Ellison WTP Exit Time/Date Permit Expiration Date 1432 Oak Grove Rd Kings Mountain NC 28086 11:30 AM 14/04/11 18/08/31 Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Newt E. Henson/ORC/704-482-7131/ Name, Address of Responsible Official/Title/Phone and Fax Number Contacted Dennis Wells,PO Box 429 Kings Mountain NC 280860429/Water Resources Directod704-734-4525/ No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit Flow Measurement Operations & Maintenance Records/Reports Self -Monitoring Program Sludge Handling Disposal Facility Site Review Effluent/Receiving Waters Laboratory Section D: Summary of Finding/Comments Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s) and_Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date Wes Bell G'� % � MRO WQH704-663-1699 Ext.2192/ / / 7 A 'gnature of Management Q A R iew Agency/Office/Phone and Fax Numbers te Ext.2204/ Marcia'Allocco MRO WQ//704-663-1699 EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page # 1 NPDES yr/mo/day Inspection Type 3I N60079740 111 12, 14/04/11 117 18ICI Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) Page # 2 Permit: NCO079740 Owner - Facility: Ellison WTP Inspection Date: 04/1112014 Inspection Type: Compliance Evaluation Permit Yes No NA NE (if the present permit expires in 6 months or less). Has the permittee submitted a new application? ❑ Cl ■ n Is the facility as described in the permit? ■ n n n -- #-Are-there-any-special-conditions-for-the-permit? - ----- __..... ___ __ ._ ___. _ ._. _ __ _._._ _ . ----n --- n--m Is access to the plant site restricted to the general public? Is the inspector granted access to all areas for inspection? Comment: The subject permit expires on 8/31/2018. The last compliance evaluation inspection was performed on 1/20/2011. Record Keeping . Are records kept and maintained as required by the permit? Is all required information readily available, complete and current? Are all records maintained for 3 years (lab. reg. required 5 years)? Are analytical results consistent with data reported on DMRs? Is the chain -of -custody complete? Dates, times and location of sampling Name of individual performing the sampling Results of analysis and calibration Dates of analysis . Name of person performing analyses Transported COCs Are DMRs complete: do they include all permit parameters? Has the facility submitted its annual compliance report to users and DWQ? (If the facility is = or > 5 MGD permitted flow) Do they operate 24/7 with a certified operator on each shift? Is the ORC visitation log available and current? Is the ORC certified at grade equal to or higher than the facility classification? Is the backup operator certified at one grade less or greater than the facility classification? Is a copy of the current NPDES permit available on site? Facility has copy of previous year's Annual Report on file for review? ■nnn ■nnn Yes No NA NE ■ n n n ■nnn n.nn■ ■nnn ■nnn ■ ■ ■ ■ ■ ■ n n n nn■n nn■n ■nnn ■nnn ■ n n n ■nnn nn■n Page # 3 Permit:. NCO079740 - Owner - Facility: Ellison WTP Inspection Date: 04/11/2014 Inspection Type: Compliance Evaluation Record Keeping Yes No NA NE Comment: The records reviewed during the inspection were organized and well maintained. Discharge Monitoring Reports (DMRs) were reviewed for the period February 2013 through January 2014. No effluent limit violations were reported and all monitoring frequencies were correct. Laboratory Yes No NA NE Are field parameters performed by certified personnel or laboratory? ■ n n n Are all other parameters(excluding field parameters) performed by a certified lab? ■ ❑ n n # Is the facility using a contract lab? ■ n n n # Is proper temperature set for sample storage (kept at less than or equal to 6.0 degrees Celsius)? ■ Cl n n Incubator (Fecal Coliform) set to 44.5 degrees Celsius+/- 0.2 degrees? n n ■ Incubator (BOD) set to 20.0 degrees Celsius +/- 1.0 degrees? n n ■ Comment: Field analyses (pH and total residual chlorine) are performed under the on -site laboratory certification #5597. Water Tech Labs (total suspended solids, total nitrogen, total phosphorus) and R&A Laboratories, Inc. (metals, toxicity) have also been contracted to provide analytical support. The laboratory instrumentation used for field analyses appeared to be properly calibrated/verified and documented. Effluent Sampling Yes No NA NE Is composite sampling flow proportional? ❑ ❑ ■ ❑ Is sample collected below all treatment units? ■ n n Is proper volume collected? ■ 111 n n Is the tubing clean? n n ■ n # Is proper temperature set for sample storage (kept at less than or equal to 6.0 degrees Celsius)? ■ n n n Is the facility sampling performed as required by the permit (frequency, sampling type representative)? ■ n n n Comment: The subject permit requires effluent grab sampling. Upstream / Downstream Sampling Yes No NA NE Is the facility sampling performed as required by the permit (frequency, sampling type, and sampling location)? ■ n n n Comment: - -- Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ n n n Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge n n ■ Cl Judge, and other that are applicable? Page # 4 Permit: NCO079740 --Inspection Date: 04/1112014 Owner - Facility: Ellison WTP Inspection Type: Compliance Evaluation Operations & Maintenance Yes No NA NE Comment: The NPDES treatment system includes a dechlorination unit, primary settling tank, overflow tank, and sludge dewatering system. A polymer is added to the influent of the settling tank to enhance settling. The NPDES facilities appeared to be pr-o -�-dy-operated-and_w-ell-maintained........_.--------------------------_=-------.__-..__--_--------------------__--------- _. De -chlorination Type of system ? Is the feed ratio proportional to chlorine amount (1 to 1)? Is storage appropriate for cylinders? # Is de -chlorination substance stored away from chlorine containers? Are the tablets the proper size and type? Comment: Liquid sodium thiosulfate is added (via dosage pump) for dechlorination prior to the settling tank. The dechlorination pump system is only activated during discharge events. Are tablet de -chlorinators operational? Number of tubes in use? Liquid nn■n nn■n Comment: Flow Measurement - Effluent Yes No NA NE # Is flow meter used for reporting? ❑ n ■ n Is flow meter calibrated annually? ❑ n ■ n Is the flow meter operational? ❑ ❑ ■ n. (If units are separated) Does the chart recorder match the flow meter? ❑ n ■ 01 Comment: Instantaneous effluent flows are based on the backwash flow measurement system. Since effluent flows are manually activated and stopped, facility staff should consider using volume calculations of the actual amount discharged from the tank for future reportable flow measurements. Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? ■ n Are the receiving water free of foam other than trace amounts and other debris? ❑ ❑ n ■ If effluent (diffuser pipes are required) are they operating properly? n ❑ ■ Cl Comment: The discharge appeared clear with no floatable solids or foam. Solids Handling Equipment Yes No NA NE Is the equipment operational? ■ n n n Page # 5 Permit: NCO079740 Inspection Date: 04/11/2014 Owner - Facility: Ellison WTP Inspection Type: Compliance Evaluation Solids Handling Equipment Yes No NA NE Is the chemical feed equipment operational? ■ n n n Is storage adequate? ■ n ❑ ❑ --- Is the site free ofhl�h�le�el of-solids�in filfrate from filter presses or vacuum filfers? ----------- ---- --------n-n—n-'■- ---- - - - Is the site free of sludge buildup on belts and/or rollers of filter press? Is the site free of excessive moisture in belt filter press sludge cake? The facility has an approved sludge management plan? Comment: A new belt filter press was installed in September 2012. No sludge dewatering was occurring at the time of the inspection. Dewatered alum sludge is transported (by facility staff) to the County Landfill for final disposal. . The facility staff must ensure appropriate housekeeping measures are maintained around the dewatered sludge storage area to prevent any potential runoff during rainfall events. n n n ■ ■ n n n ■000 Page # 6 NCDENR North Carolina- Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director April 7, 2011 DENNIS WELLS CITY OF KINGS MOUNTAIN PO BOX 429 KINGS MOUNTAIN NC 280860429 SUBJECT: Payment Acknowledgment Civil Penalty Assessment Ellison WTP Permit Number: NCO079740 Case Number: LV-2011-0071 Cleveland County Dear Mr. Wells: Dee Freeman Secretary This letter is to acknowledge receipt of check number 71464 in the amount of $785.06 received from you dated March 31, 2011. This payment satisfies in full the above civil assessment levied against the subject facility, and this case has been closed. Payment of this penalty in no way precludes_ future action by this Division for additional violations of the applicable Statutes, Regulations, or Permits. If you have any questions, please call Robert L Sledge at 919-807-6398. cc: Central Files DUU""Q1Vlooresville Regional -Office Supervisor 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 One Phone: 919-807-6300 \ FAX: 91M07-6492 \ Customer Service:1-877-623-6748 NorthCarolina Internet: www.ncwaterquality.org �l�tl�l"�`� An Equal Opportunity \ Affirmative Action Employer d� F, Beverly raves Perdue Governor l-_ :. WDENR 1 North Carolina Department of Environment and Natural Resources Division of Water Quality Coleen H. Sullins Director March 18, 2011 CERTIFIED MAIL 7009 2250 0004 3266 2286 RETURN RECEIPT REQUESTED Mr. Dennis Wells, Water Resource Director City of Kings Mountain P.O. Box 429 Kings Mountain, North Carolina 28086 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of N.C. General Statute 143-215.1(a)(6) and NPDES Permit No. NCO079740 Ellison. WTP Cleveland County Case No. LV-2011-0071 Dear Mr. Wells: Dee Freeman Secretary This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $785.06 ($700.00 civil penalty + $85.06 enforcement costs) against the City of Kings Mountain. This assessment is based upon the following facts: A review has been conducted of the self - monitoring data reported for December 2010. This review has shown the subject facility to be in violation of the discharge limitations found in NPDES Permit No. NC0079740. The violations are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that the City of Kings Mountain violated the terms, conditions, or requirements of NPDES Permit No. NCO079740 and North Carolina General Statute (G.S.) 143-215.1(a)(6) in the manner and extent shown in Attachment A. A civil penalty may be assessed in accordance with the maximums established by G.S. 143-215.6A(a)(2). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, Robert B. Krebs, Surface Water Protection Regional Supervisor for the Mooresville Region, hereby make the following civil penalty assessment against the City of Kings Mountain: Mooresville Regional Office Location: 610 East Center Ave.: Suite 301 Mooresville. NC 28115 One Phone: (704) 663-16991 Fax: (704) 663-60401 Customer Service: 1-877-623-6748 o1�thCc`1Tolin;� Internet: http://portal,ncdenr.org/web/wq $ 100.00 For 1 of the one (1) violation of G.S. 143-215.1(a)(6) and NPDES Permit No. NC0079740, by discharging waste into the waters of the State in violation of the permit daily maximum effluent limit for total suspended solids (TSS). $ 100.00 For 1 of the one (1) violation of G.S. 143-215.1(a)(6) and NPDES Permit No. NC0079740, by discharging waste into the waters of the State in violation of the permit daily maximum effluent limit for total residual chlorine (TRC). $ 500.00 For 1 of the one (1) violation of G.S. 143-215.1(a)(6) and NPDES Permit No. NC0079740, by discharging waste into the waters of the State in violation of the permit monthly average effluent limit for TSS. $ 700.00 $ 85.06 $ 785.06 TOTAL CIVIL PENALTY Enforcement costs. 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 forth at G.S. 143B.-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'violations; (2) The duration and gravity of the violations; (3) The effect 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 violations were 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 days of receipt of this notice, you must do one of the following: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (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: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 O: 2. Submit a written request for remission including a detailed justification 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 reasona'.leness of the amount of the 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 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 Quality 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 G.S.- 143B-282.1(b) were 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) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all information presented in support of your request for remission must be submitted in writing. The Director of the Division of Water Quality will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding 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. In order to request remission, you must complete and submit the enclosed "Waiver of Right to an Administrative Hearing and Stipulation of Facts" form within thirty (30) days of receipt of this notice. The Division of Water Quality also requests that you complete and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the following address: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 3. File a petition for an administrative hearing with the Office of Administrative Hearings: 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 tiled 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 NCGS § 150B-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 Hearings with all questions regarding the filing fee and/or the details of the filing process. 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: (919) 431-3000, Fax: (919) 431-3100 One (1) copy of the petition must also be served on DENR as follows: Mary Penny Thompson, General Counsel DENR 1601 Mail Service Center Raleigh, NC 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 notice, 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 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 any questions about this civil penalty assessment or a Special Order by Consent please contact the Water Quality Section staff of the Mooresville Regional Office at (704) 663-1699. (Date) Robert B. Krebs Regional Supervisor Surface Water Protection Mooresville Regional Office Division of Water Quality ATTACHMENTS cc: Mooresville Regional Office Compliance File w/ attachments Raleigh Compliance/Enforcement File w/ attachments Central Files w/ attachments rk/ma ATTACHMENT A CASE NO. LV-2011-0071 Outfall Date Parameter Reported Value Permit Limit 001 12/10/10 TSS 144 mg/L 45.0 mg/ (Daily maximum) 001 12/10/10 TRC 245 µg,/L 28 µg/L (Daily maximum) 001 12/31/10 TSS 76.5 mg/L 30.0 mg/L (Monthly average) STATE OF NORTH CAROLINA COUNTY OF CLEVELAND N THE MATTER OF ASSESSMENT OF CIVIL PENALTY AGAINST CITY OF KINGS MOUNTAIN PERMIT NO. NCO079740 DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES WAIVER OF RIGHT TO AN AD-NIIN ISTRATIVE HEARING AND STIPULATION OF FACTS FILE N0. LV-2011-0071 Having been assessed civil penalties totaling $785.06 for violation(s) as set forth in the assessment document of the Division of Water Quality dated March 18, 2011, the undersigned, desiring to seek remission of the civil penalties, 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 in support of remission of this civil penalty must be submitted to the Director of the Division of Water Quality within 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 , 2011 BY ADDRESS TELEPHONE Li JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LV-2011-0071 Assessed Party: City of Kings Mountain County: Cleveland Permit Number: NC0079740 Amount Assessed: $785.06 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission Waiver of Right to an Administrative Hearing and Stipulation of Facts" 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.C.G.S. § 143B-282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors applies. Please check each factor that you believe applies to your case and provide a 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 N.C.G.S. 143B-282.1(b) were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i. e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or something you could not prevent 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 payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: (use additional pages as necessary) NORTH CAROLINA DIVISION OF WATER QUALITY ASSESSMENT FACTORS Violator: Citv of Kings Mountain Facility: Ellison WTP County: Cleveland Case Number: LV-2011-0071 Permit Number: NC0079740 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; No harm has been established. 2) The duration and gravity of the violation; The TSS concentration of 144.0 mg/L on December 10, 2010, exceeded the daily maximum permit limit by 220%. This daily maximum exceeded caused the monthly average concentration (76.5 mg/L) to exceed the permit limit of 30.0 Mg/L by 155%. The TRC concentration of 245 µg/L on December 10, 2010, exceeded the daily maximum permit limit of 28 µg/L by 775%. 3) ! The effect on ground or surface water quantity or quality or on air quality; The effect on the receiving stream is unknown. Increased suspended solids increase the water temperature, thus reducing the amount of oxygen in water harming aquatic life. They also reduce the amount of natural sunlight that penetrates through the water, further decreasing oxygen production and photosynthesis. In addition, high levels of solids can kill fish by clogging their gills, lowering their resistance to disease, and smothering their eggs along with other benthic organisms. Residual chlorine reacts with organic matter in water and creates disinfection by-products (trihalomethanes,. haloacetic acids, etc.), which are toxic to both humans and aquatic organisms. 4) � The cost of rectifying the damage; No damage has been documented. 5) The amount of money saved by noncompliance; The amount of money saved by noncompliance is unknown. 6) Whether the violation was committed willfully or intentionally; The Division of Water Quality has no evidence that the violations were committed willfully or intentionally. The permittee notes on the DMR that the TRC exceedance was due to high manganese in the influent to the WTP and an error by the lab not to correct for this interference. 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 There have been five previous CPAs for the Ellison WTP during the life of the permit with one CPA issued in the past twelve months. Case Number Description MV-2010-0032 $635.06 for monitoring violations of aluminum, iron, flow, TRC, and settleable solids. Penalty was paid in full. 8) The cost to the State of the enforcement procedures. The cost to the Division of Water Quality is $85.06. 3eiXII Date Robert B. Krebs Surface Water Protection Regional Supervisor Division of Water Quality MONITORING REPORT(MR) VIOLATIONS for: Report Date: 02/28/11 Page: 2 of 8 PERMIT: NCO066397 FACILITY: Cleveland County Schools - Casar Elementary School COUNTY: Cleveland REGION: Mooresville WWTP Lim Violation ONITORING O TFALL / VIOLATION UNIT OF CA LATED REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE % OVER LIMIT VIOLATION/Exceede LATION AC ON 12 -2010 0 1 Effluent BOD, 5-Day ( Deg. C) - 1 09/10 2 X month mg/I 1 15.4 2.67 Daily MaximuNone Concentratio12-2010 001 Effluent Nitrogen Ammonia Total (as 12/09 0 Monthly mg/I 20 21.1 5.5 Da' MaximuNone N) C centration12-2010 001 Effluent ogen, Ammonia Total (as 1 _ ('.nnranfrafinn 12/31/10 hl mg/I 4 13.83 245.83 Monthly None PERMIT: NCO079740 FACILITY: City of Kings Mountain - Ellison WTP COUNTY: Cleveland REGION: Mooresville Limit Violation MONITORING OUTFALL/ VIOLATION UNIT OF CALCULATED REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE VALUE %OVER LIMIT 12 -2010 001 Effluent Chlorine, Total Residual 12/10/10 2 X month ug/I 28 " 245 a/// 775 / 12 -2010 001 Effluent Solids, Total Suspended - P 12/10l10 2 X month mg/I %� 45' 144 "r 220 Concentration 12 -2010 001 Effluent Solids, Total Suspended - 12/31/10 2 X month mg/I 301,/ 76.5 f 155 Concentration (,,,,.. "- "" r+ �... �,.L:"+'.� {F�"°...L... �., (�I dl..�iL •-'' p p 4t`1..L�--` k�.� t..'S.,\.:Si �� �- 'IN VIOLATION TYPE VIOLATION ACTION Daily Maximum Exceeded None( Daily Maximum Exceeded None Monthly Average Exceeded Nonea-� PERMIT: NC0004812 FACILITY: Pharr Yarns Inc - Pharr Yarns Industrial WWTP COUNTY: Gaston REGION: Mooresville 'LimitKiolation M N'TOR'NG OUT LL / VIO TION UNIT OF CALCULA D REPORT P LOCATION PAR�ToE DAq FREQUENCY MEASURE LIMIT VALUE '. OVER LIMIT VIOLATION TYP VIOLATION ACTIO 12 -2010 001 Effluent ChItal Residual 12/01/10 Weekly /1 28 100 57.14 Daily Maxi m Exceeded None ` DENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director cc: MA February 14, 2011 Mr. Dennis Wells, Water Resource Director City of Kings Mountain P. O. Box 429 Kings Mountain, North Carolina 28086 Subject: Notice of Violation — Effluent Limitations Tracking 4: NOV-2011-LV-0057 T. J. Ellison WTP NPDES Permit No.. NCO079740 Cleveland County Dear Mr. Wells: Dee Freeman Secretary A review of the November 2010 self -monitoring report for the subject facility revealed a violation of the following parameter at Outfall 001: Date Parameter Reported Value Permit Limit 11/24/10 pH 9.48 SU 9.0 SU (Daily maximum) Remedial actions, if not already implemented, should be taken to correct any problems. The Division of Water Quality 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. You may contact Ms. Marcia Allocco of this Office for additional information. If you have questions concerning this matter, please do not hesitate to contact Ms. Allocco or me at (704) 663-1699. Point Source Branch Sincerely, Robert B. Krebs Surface Water Protection Regional Supervisor Mooresville Regional Office Location: 610 East Center Ave.; Suite 301 Mooresville, NC 28115 Phone: (704) 663-16991 Fax: (704) 663-60401 Customer Service: 1-877-623-6748 Internet: http://portal.ncdenr,org/web/wq One Noi-t%Carollna An Eeual C000nunity 1 Affirmative Action Emolover— 30% Recvcled/10% Post Ccnsumer paper �``''� FiLE NCDENR ; I North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary February 2, 2011 Mr. Dennis Wells, Water Resource Director City of Kings Mountain Post Office Box 429 Kings Mountain, North Carolina 28086 Subject: Compliance Evaluation Inspection TJ Ellison WTP NPDES Permit No. NCO079740 Cleveland County, N.C. Dear Mr. Wells: Enclosed is a copy of the Compliance Evaluation Inspection Report for the inspection conducted at the subject facility on January 20, 2011 by Mr. Wes Bell of this Office. Please advise the facility's Operator -in -Responsible Charge of our findings by forwarding a copy of the enclosed report. The report should be self-explanatory; however, should you have any questions concerning this report, please do not hesitate to contact Mr. Bell at (704) 663-1699. Sincerely, -c�Robert B. Krebs Surface Water Protection Regional Supervisor Enclosure: Inspection Report cc: Cleveland County Health Department Moor Regional Office Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone: (704) 663-16991 Fax: (704) 663 60401 Customer Service:1-877-623-6748 Internet: http://portal.ncdenr.org/%veblwq NorthCarolina An Equal Opportunity , Affirmative Action Employer— 50% Recycled/10% Post Consumer paper United States Environmental Protection Agency Form Approved. EPA Washington, D.C. 20460 OMB No. 2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding (i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 I NI 2 151 31 N00079740 111 121 11/01/20 117 181-I 191SI 201 1 Remarks 21IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII6 Inspection Work Days Facility Self -Monitoring Evaluation Rating 131 QA --------------Reserved------- 67 I 1.5 169 70141 711 NJ 72I N I 73 I I 174 751 I I I I I I 180 I —I —I Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 09:50 AM 11/01/20 10/10/01 Ellison WTP Exit Time/Date Permit Expiration Date 1432 oak Grove Rd Kings Mountain NC 28086 11:15 AM 11/01/20 13/08/31 Name(s) of Onsite Representative (s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Larry Edward Deal//704-482-7131 / Newt E. Henson/ORC/704-482-7131/ Name, Address of Responsible Official/Title/Phone and Fax Number Dennis Wells,PO Box 429 Kings Mountain NC 280860429/Director Contacted /704-734-4525/ No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit Flow Measurement Operations & Maintenance Records/Reports Self -Monitoring Program Sludge Handling Disposal Facility Site Review Effluent/Receiving Waters Laboratory Section D: Summary of Finding/Comments Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date Wesley N Bell MRO WQ//704-663-1699 Ext.2192/�,��� �i ' Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date�� , Marcia Allocco �� -"�0 WQ//704-663-1699 Ext.2204/ EPA Form 3560-3 (Rev 9-94) Previous editions are( obsolete. Page # 1 Li NPDES yr/mo/day Inspection Type 1 3I NCO079740 I11 12I 11/01/20 1 17 18ICI Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) RECORD KEEPING SECTION cont'd: The permittee and ORC must ensure of the following: all "<" values are property calculated to determine the monthly average values, the front of the DMRs are signed by the ORC, the correct compliance status is checked on the back of the DMR (September 2010 DMR), and all monitoring frequencies and analytical data are verified to be accurate and complete prior to submittal. Page # 2 Permit: NCO079740 Owner - Facility: Ellison WTP Inspection Date: 01/20/2011 Inspection Type: Compliance Evaluation Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? n n ■ n Is the facility as described in the permit? ®n n n # Are there any special conditions for the permit? ■ n n n Is access to the plant site restricted to the general public? ■ n n n Is the inspector granted access to all areas for inspection? ■ n n n Comment: The subject permit expires on 8/31/2013. Record Keeping Yes No NA NE Are records kept and maintained as required by the permit? ■ n n n Is all required information readily available, complete and current? ■ n n n Are all records maintained for 3 years (lab. reg. required 5 years)? n n n ■ Are analytical results consistent with data reported on DMRs? ■ n n n Is the chain -of -custody complete? ■ ❑ n ❑ Dates, times and location of sampling ■ Name of individual performing the sampling ■ Results of analysis and calibration ■ Dates of analysis ■ Name of person performing analyses ■ Transported COCs ■ Are DMRs complete: do they include all permit parameters? ■ n n n Has the facility submitted its annual compliance report to users and DWQ? n n ■ n (If the facility is = or > 5 MGD permitted flow) Do they operate 24/7 with a certified operator on each shift? n n ■ Is the ORC visitation log available and current? ■ n ❑ ❑ Is the ORC certified at grade equal to or higher than the facility classification? ■ n ❑ Is the backup operator certified at one grade less or greater than the facility classification? ■ n n n Is a copy of the current NPDES permit available on site? ■ n n n Facility has copy of previous year's Annual Report on file for review? n n ■ n Page # 3 Permit: NCO079740 Inspection Date: 01/20/2011 Record Keeping Owner -Facility: Ellison WTP Inspection Type: Compliance Evaluation Comment: The records reviewed during the inspection were organized and well maintained. Discharge Monitoring Reports (DMRs) were reviewed for the period October 2009 through September 2010. No effluent limit violations were reported. No effluent total residual chlorine (TRC), settleable solids, aluminum, iron, and upstream and downstream turbidity were reported for the weeks of 9/5/2010 and 9/19/2010. The Division has separately addressed these monitoring violations by the issuance of an NOV/civil penalty assessment. See "Summary" Section for additional comments. Laboratory Are field parameters performed by certified personnel or laboratory? Are all other parameters(excluding field parameters) performed by a certified lab? # Is the facility using a contract lab? # Is proper temperature set for sample storage (kept at less than or equal to 6.0 degrees Celsius)? Incubator (Fecal Coliform) set to 44.5 degrees Celsius+/- 0.2 degrees? Incubator (BOD) set to 20.0 degrees Celsius +/- 1.0 degrees? " Comment: Effluent pH, TRC, settleable solids, and total suspended solids are performed under the City of Kings Mountain Pilot Creek WWTP Laboratory (Certification #222). Par Laboratories, Inc. (Certification #20) has also been contracted to provide analytical support (turbidity and metals). Effluent Sampling Is composite sampling flow proportional? Is sample collected below all treatment units? Is proper volume collected? Is the tubing clean? # Is proper temperature set for sample storage (kept at less than or equal to 6.0 degrees Celsius)? Is the facility sampling performed as required by the permit (frequency, sampling type representative)? Comment: On several occasions, effluent samples were not collected during a representative discharge event. Please be advised that any future effluent sampling events must be performed during a representative effluent discharge as required by the permit. Please be advised that any additional monitoring of the effluent (including parameters not required by the permit) must be performed by a certified laboratory and included in the calculations and reporting on the appropriate DMR. V.. Nn NA NF Yes No NA NE ■nnn ■nnn ■nnn ■nnn n n ■ n nn®n Yes No NA NE nn■n ■nnn ■nnn nn■n ■nnn ■nnn Upstream / Downstream Sampling Yes No NA NE Is the facility sampling performed as required by the permit (frequency, sampling type, and sampling location)? ■ n n n C •�H Operations $ Maintenance 1r- �.= q /AW.Id Page # 4 Permit: NCO079740 Inspection Date: 01/20/2011 Owner -Facility: Ellison wTP Inspection Type: Compliance Evaluation Operations $ Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ n n n Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge n n IN n Judge, and other that are applicable? Comment: The facility appeared to be properly operated and well maintained at the time of the inspection. Secondary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? ■ n n n Is the site free of excessive buildup of solids in center well of circular clarifier? n n ■ n Are weirs level? ❑ ❑ ■ ❑ Is the site free of weir blockage? n n ■ n Is the site free of evidence of short-circuiting? ■ n ❑ ❑ Is scum removal adequate? n n ■ n Is the site free of excessive floating sludge? n n ❑ Is the drive unit operational? ■ n n n Is the return rate acceptable (low turbulence)? ❑ n ■ ❑ Is the overflow clear of excessive solids/pin floc? n n n ■ Is the sludge blanket level acceptable? (Approximately '/4 of the sidewall depth) ■ n n n Comment: The facility is equipped with a settling tank and sludge collection system. A polymer is added into the influent (prior to the tank) to enhance settling. The settling tank was not discharging at the time of the inspection. r._ Yes No NA NE Type of system ? Liquid Is the feed ratio proportional to chlorine amount (1 to 1)? ■ n n n Is storage appropriate for cylinders? n n ■ n # Is de -chlorination substance stored away from chlorine containers? ■ n n n Are the tablets the proper size and type? ❑ ❑ ■ ❑ Comment: The effluent is manually dechlorinated by a spigot on a drum. The ORC indicated that the dechlorination process would be relocated back to the orginal location (prior to the settling tank) where a dosage/pump system could be used. This pump system should be used to enable the staff to better control dosage rates and perform process control testing inside the settling tank (prior to a discharge event). Are tablet de -chlorinators operational? ❑ n ■ ❑ Number of tubes in use? Page # 5 Permit: NCO079740 Inspection Date: 01/20/2011 De -chlorination Comment: Flow Measurement - Effluent # Is flow meter used for reporting? Is flow meter calibrated annually? Owner -Facility: Ellison wTP Inspection Type: Compliance Evaluation Is the flow meter operational? (If units are separated) Does the chart recorder match the flow meter? Comment: The flows are based on calculated flow volumes. Effluent Pipe Is right of way to the outfall properly maintained? Are the receiving water free of foam other than trace amounts and other debris? If effluent (diffuser pipes are required) are they operating properly? Comment: The facility was not discharging at the time of the inspection. The receiving stream did not appear to be negatively impacted. Solids Handling Equipment Is the equipment operational? Is the chemical feed equipment operational? Is storage adequate? Is the site free of high level of solids in filtrate from filter presses or vacuum filters? Is the site free of sludge buildup on belts and/or rollers of filter press? Is the site free of excessive moisture in belt filter press sludge cake? The facility has an approved sludge management plan? Comment: The facility uses vacuum type drying beds. Dewatered sludge is transported (via City staff) to the Cleveland County Landfill for final disposal. This Office recommends the installation of curbing around the asphalt entrance area (to the drying beds) to ensure all sludge is contained and properly disposed during rainfall events. Yes No NA NE ■nnn ■ n n n Yes No NA NE ■nnn ■nnn ■nnn nn■n F1 F1 F1 n ■ n ■nnn Page # 6 Li MCDENR North Carolina Department of Environ Tlent and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director January 25, 2011 DENNIS WELLS CITY OF KINGS MOUNTAIN PO BOX 429 KINGS MOUNTAIN NC 280860429 SUBJECT: Payment Acknowledgment Civil Penalty Assessment Ellison WTP Permit Number: NCO079740 Case Number: MW-2010-0032 Cleveland County Dear Mr. Wells: Dee Freeman Secretary RECEIVED DIVISION OF W a ER QUALITY JAN 2 8 2�,1 MOORESVILLELREOIOI;IAL OFFICE This letter is to acknowledge receipt of check number 70934 in the amount of $635.06 received from you dated January 20, 2011. This payment satisfies in full the above civil assessment levied against the subject facility, and this case has been closed.- Payment of this penalty in no way precludes future action by this Division for additional violations of the applicable Statutes, Regulations, or Permits. If you have any questions, please call Robert L Sledge at 919-807-6398. cc: Central Files DW oo er sv lle Reg onal Office�Supery 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 One Phone: 919-807-6300 \ FAX: 919-807-6492 \ Customer Service: 1-877-623-6748 North Carolina Internet: wvvw.ncwaterquality.org An Equal Opportunity \ Affirmative Action Employer ,y�6� p-KIT, "Il L E, ,. NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary December 21, 2010 CERTIFIED MAIL 7009 2250 0004 3266 1555 RETURN RECEIPT REQUESTED Mr. Dennis R. Wells Water Resource Director City of Kings Mountain P. O. Box 429 Kings Mountain, North Carolina 28086 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of N.C. General Statute 143-215.1(a)(6) and NPDES Permit No. NCO079740 T. J. Ellison WTP Cleveland County Case No. MV-2010-0032 Dear Mr. Wells: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $635.06 ($550.00 civil penalty + $85.06 enforcement costs) against the City of Kings Mountain. This assessment is based upon the following facts: A review has been conducted of the self - monitoring data reported for September 2010. This review has shown the subject facility to be in violation of the monitoring requirements found in NPDES Permit No. NC0079740. The violations that occurred are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that the City of Kings Mountain violated the terms, conditions, or requirements of NPDES Permit No. NCO079740 and North Carolina General Statute (G.S.) 143-215.1(a)(6) in the manner and extent shown in Attachment A. A civil penalty may be assessed in accordance with the maximums established by G.S. 143-215.6A(a)(2). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, Robert B. Krebs, Surface Water Protection Regional Supervisor for the Mooresville Region, hereby make the following civil penalty assessment against the City of Kings Mountain: Mooresville Regional Office Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone: (704) 663-16991 Fax: (704) 663-60401 Customer Service:1-877-623-6748 Internet: http://portal.ncdenr.org/web/wq One NorthCarolina mmally An Equal Opportunity l Affirmative Action Employer— 30% Recycled/10% Post Consumer paper $ 100.00 For 4 of the four (4) failures to monitor for aluminum weekly in violation of the terms of NPDES Permit No. NC79740. $ 100.00 For 2 of the two (2) failures to monitor for total residual chlorine (TRC) weekly in violation of the terms of NPDES Permit No. NC79740. $ 50.00 $ 100.00 $ 200.00 $ 550.00 $ 85.06 $ 635.06 For 2 of the two (2) failures to monitor for flow weekly in violation of the terms of NPDES Permit No. NC79740. For 4 of the four (4) failures to monitor for iron weekly in violation of the terms of NPDES Permit No. NC79740. For 4 of the four (4) failures to monitor for settleable solids weekly in violation of the terms of NPDES Permit No. NC79740. TOTAL CIVIL PENALTY Enforcement costs. 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 forth at G.S. 143B-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 violations; (2) The duration and gravity of the violations; (3) The effect 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 violations were 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 days of receipt of this notice, you must do one of the following: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (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: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 E6� 7 2. Submit a written request for remission including a detailed justification 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 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 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 Quality 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 G.S. 143B-282. I (b) were 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) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all information presented in support of your request for remission must be submitted in writing. The Director of the Division of Water Quality will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding 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. In order to request remission, you must complete and submit the enclosed "Waiver of Right to an Administrative Hearing and Stipulation of Facts" form within thirty (30) days of receipt of this notice. The Division of Water Quality also requests that you complete and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the following address: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 m. 3. File a petition for an administrative hearing with the Office of Administrative Hearings: 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 NCGS § 150B-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 Hearings with all questions regarding the filing fee and/or the details of the filing process. 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: (919) 431-3000 Fax: (919) 431-3100 One (1) copy of the petition must also be served on DENR as follows: Mary Penny Thompson, General Counsel DENR 1601 Mail Service Center Raleigh, NC 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 notice, 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 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 any questions about this civil penalty assessment or a Special Order by Consent please contact the Water Quality Section staff of the Mooresville Regional Office at (704) 663-1699. (Date) Robert B. Krebs Regional Supervisor Surface Water Protection Mooresville Regional Office Division of Water Quality cc: Mooresville Regional Office Compliance File w/ attachments Raleigh Compliance/Enforcement File w/ attachments Central Files w/ attachments rk/ma Outfall 001 001 001 001 001 001 001 001 001 001 001 001 001 001 001 001 Date Week ending 9/4/10 Week ending 9/11/10 Week ending 9/18/10 Week ending 9/25/10 Week ending 9/11/10 Week ending 9/25/10 Week ending 9/11/10 Week ending 9/25/10 Week ending 9/4/10 Week ending 9/11/10 Week ending 9/18/10 Week ending 9/25/10 Week ending 9/4/10 Week ending 9/11/10 Week ending 9/18/10 Week ending 9/25/10 * Denotes civil penalty assessment ATTACHMENT A CASE NO. MV-2010-0032 Parameter Aluminum Aluminum Aluminum Aluminum TRC TRC Flow Flow Iron Iron Iron Iron Settleable solids Settleable solids Settleable solids Settleable solids Reported Value None None None None None None None None None None None None None None None None Monitor Ix/week Monitor Ix/week Monitor Ix/week Monitor Ix/week Monitor lx/week Monitor Ix/week Monitor Ix/Week Monitor 1 x/week Monitor Ix/week Monitor 1 x/week Monitor Ix/week Monitor lx/week Monitor Ix/week Monitor Ix/week Monitor Ix/week Monitor Ix/week STATE OF NORTH CAROLINA COUNTY OF CLEVELAND IN THE MATTER OF ASSESSMENT OF CIVIL PENALTY AGANST CITY OF KINGS MOUNTAIN PERMIT NO. NCO079740 DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS FILE NO. MV-2010-0032 Having been assessed civil penalties totaling $635.06 for violation(s) as set forth in the assessment document of the Division of Water Quality dated December 21, 2010, the undersigned, desiring to seek remission of the civil penalties, 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 in support of remission of this civil penalty must be submitted to the Director of the Division of Water Quality within 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 32010 BY ADDRESS TELEPHONE JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: MV-2010-0032 Assessed Party: City of Kings Mountain County: Cleveland Permit Number: NCO079740 Amount Assessed: $635.06 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission Waiver of Right to an Administrative Hearing and Stipulation of Facts " 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.C.G.S. § 143B-282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors applies. Please check each factor that you believe applies to your case and provide a 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 N.C.G.S. 143B-282.1(b) were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; (e) payment of the civil penalty ill prevent payment for the remaining necessary remedial actions (i. e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: (use additional pages as necessary) NORTH CAROLINA DIVISION OF WATER QUALITY ASSESSMENT FACTORS Violator: City of Kings Mountain Facility: T. J. Ellison WTP County: Cleveland Case Number: MV-2010-0032 Permit Number: NCO079740 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; No harm has been documented. 2) The duration and gravity of the violation; The permittee failed to monitor multiple parameters weekly during September including aluminum (4 times), TRC (2 times), flow (2 times), iron (4 times), and settleable solids (4 times). 3) The effect on ground or surface water quantity or quality or on air quality; The effect on the receiving stream of the permittee is unknown since monitoring was not completed. 4) The cost of rectifying the damage; No damage has been documented. 5) The amount of money saved by noncompliance; The amount of money saved by noncompliance is equivalent to that needed to complete to missing analyses on the WTP effluent. 6) Whether the violation was committed willfully or intentionally; The Division of Water Quality has no evidence that the violations were 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 There have been four previous CPAs for the Ellison WTP during the life of the permit with no CPAs issued in the past twelve months. 8) The cost to the State of the enforcement procedures. The cost to the Mooresville Regional Office was $85.06. Date Robert B. Krebs, Regional Supervisor Surface Water Protection Division of Water Quality MONITORING OUTFALL/ VIOLATION UNIT OF CALCULATED REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE % OVER LIMIT VIOLATION TYPE VIOLATION ACTION 09 -2010 001 Effluent Aluminum, Total (as AI) 09/04110 Weekly'"' mgll Frequency Violation None1-.;i(;. , 09 -2010 001 Effluent Aluminum, Total (as Al) 09/11/10 f Weekly ',' mg/I Frequency Violation None C'i •:`i `- 09 -2010 001 Effluent Aluminum, Total (as Al) 09/18/10 Weekly'4,? mg/I Frequency Violation None 09 -2010 001 Effluent Aluminum, Total (as AI) 09/25/10 Weekly,, mg/I Frequency Violation None 09 -2010 001 Effluent Chlorine, Total Residual 09/11/10 Weekly " ug/I Frequency Violation None 09_2010-- - —001 - Effluent - Chlorine Total Residual_- 09/11/10 Weekl " Y -'°' u /I- _ ..__._ ... _.__ _ _.-.. _ . _ . _..:__ 9 - Fie uenc -Violation ._ q Y None , 09.-20.10.-- --001 EM deriF Chlonne,_Tofal Residual 09125/10 Weekly ug/l - - - - Frequency Violation.,._ . None 09 -2010 001 Effluent Chlorine, Total Re; idual 09/25110 Weekly � ." ugll Frequency Violation None lil 09 -2010 001 Effluent Flow, in conduit or ,hru 09/11/10 Weekly,/ mgd Frequency Violation None treatment plant 09 -2010 001 Effluent Flow, in conduit or thru 09/25110 Weekly °," mgd Frequency Violation None l= ` treatment plant 09 -2010 001 Effluent Iron, Total (as Fe) 09/04/10 Weekly v` mg/I Frequency Violation None 09 -2010 001 Effluent Iron, Total (as Fe) 09/11/10 Weekly ,/ mg/I Frequency Violation None 09 -2010 001 Effluent Iron, Total (as Fe) 09/18/10 Weekly,/ mg/1 Frequency Violation None ttt 09 -2010 001 Effluent Iron, Total (as Fe) 09/25/10 Weekly" f mg/I Frequency Violation None:, 09 -2010 001 Effluent Solids, Settleable 09/04/10 Weekly '' ml/I Frequency Violation None 09 -2010 001 Effluent Solids, Settleable 09/11/10 Weekly., ml/1 Frequency Violation None 09 -2010 001 Effluent Solids, Settleable 09/18/10 Weekly,,' mill Frequency Violation None Beverly Eaves Perdue Governor cc MA +1` L NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Mr. Dennis R. Wells Water Resource Director City of Kings Mountain P.O. Box 429 Kings Mountain, North Carolina 28086 Subject: Dear Mr. Wells: Coleen H. Sullins Director January 14, 2011 Notice of Violation — Monitoring Violations Tracking #: NOV-2011-NW-0010 T.J. Ellison WTP NPDES Permit No. NCO079740 Cleveland County Dee Freeman Secretary A review of the October 2010 self -monitoring report for the subject facility revealed monitoring violations of the following parameter at Outfall 001: Parameter Date Reported Value Monitoring Requirement Flow Week ending 10/9/10 None Monitor weekly Flow Week ending 10/30/10 None Monitor weekly Remedial actions, if not already implemented, should be taken to correct any problems. The Division of Water Quality 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. You may contact Ms. Marcia Allocco of this Office for additional information. If you have questions concerning this matter, please do not hesitate to contact Ms. Allocco or ire at 704/663-1699. Point Source Branch Sincerely, Robert B. Krebs Surface Water Protection Regional Supervisor (Mooresville Regional Office Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone: (704) 663-16991 Fax: (704) 663-60401 Customer Service: 1-877-623-6748 Internet: htlpJ/portal.ncdenr.org/web/wq One NofthCarolina An Equal Opportunity 1 Affirmative Action Employer — 30% Recycledf10% Post Consumer paper NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor November 21, 2007 Edgar O. Murphrey, Jr. City of Kings Mountain 101 W Gold St Kings Mountain, NC 28086 William G. Ross, Jr., Secretary Coleen H. Sullins, Director Subject: Renewal Notice NPDES Permit NC0079740 Ellison WTP Cleveland County Dear Permittee: Your NPDES permit expires on August 31, 2008. Federal (40 CFR 122.41) and North Carolina (15A NCAC 2H.0105(e)) regulations require that permit renewal applications must be filed at least 180 days prior to expiration of the current permit. If you have already mailed your renewal application, you may disregard this notice. To satisfy this requirement, your renewal package must be sent to the Division postmarked no later than March 4, 2008. Failure to request renewal by this date may result in a civil assessment of at least $500.00. Larger penalties may be assessed depending upon the delinquency of the request. If any wastewater discharge will occur after August,31, 2008, the current permit must be renewed. Discharge of wastewater without a valid permit would violate North Carolina General Statute 143-215.1; unpermitted discharges of wastewater may be assessed civil penalties of up to $25,000 per day. If all wastewater discharge has ceased at your facility and you wish to rescind this permit, contact me at the telephone number or address listed below. - Use the enclosed checklist to complete your renewal package. The checklist identifies the items you must submit with the permit renewal application. ,If you have any questions, please contact me at the telephone number or e-mail address listed below. Sincerely, Charles H. Weaver, Jr. NPDES Unit cc: Central Files .VPDES File 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 One 512 North Salisbury Street, Raleigh, North Carolina 27604 . NOfthCarohna Phone: 919 733-5083, extension 511 / FAX 919 733-0719 / charles.weaver@ ncmail.net Naturally An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper NPDES PERMIT NCO079740 ELLISON WTP CLEVELAND COUNT' The following items are REQUIRED for all renewal packages: 0 A cover letter requesting renewal of the permit and documenting any changes at the facility since issuance of the last permit. Submit one signed original and two copies. O The completed application form (copy attached), signed by the permittee or an Authorized Representative. Submit one signed original and two copies. 0 If an Authorized Representative (such as a consulting engineer or environmental consultant) prepares the renewal package, written documentation must be provided showing the authority delegated to any such Authorized Representative (see Part II.B.1 Lb of the existing NPDES permit). 0 A narrative description of the sludge management plan for the facility. Describe how sludge (or other solids) generated during wastewater treatment are handled and disposed. If your facility has no such plan (or the permitted facility does not generate any solids), explain this in writing. Submit one signed original and two copies. The following items must be submitted by any Municipal or Industrial facilities discharging process wastewater: Industrial facilities classified as Primary Industries (see Appendices A-D to Title 40 of the Code of Federal Regulations, Part 122) and ALL Municipal facilities with a permitted flow >_ 1.0 MGD must submit a Priority Pollutant Analysis (PPA) in accordance with 40 CFR Part 122.21. The above requirement does IVOT apply to privately owned facilities treating 100% domestic wastewater, or facilities which discharge non process wastewater (cooling water, filter backwash, etc.) PLEASE NOTE: Due to a change in fees effective January 1, 1999, there is no renewal fee required with your application package. Send the completed renewal package to: Mrs. Dina Sprinkle NC DENR / DWQ / Point Source Branch 1617 Mail Service Center Raleigh, NC 27699-1617 o�0F W A TF9QG Michael F. Easley, Governor 't William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Mr. Dennis Wells Director of Public Utilities Kings Mountain P.O. Box 429 Lincolnton, NC 28086 Dear Mr. Wells: Alan W. Klimek, P. E., Director Division of Water Quality February 15, 2008 Subject: Compliance Evaluation Inspection Kings Mountain WTP NPDES Permit No. NCO079740 Cleveland County, North Carolina Enclosed please find a copy of the Compliance Evaluation Inspection Report for the inspection conducted at the subject facility on February 14, 2008 by Ms. Donna Hood of this Office. Please inform the facility's Operator -in -Responsible Charge of our findings by forwarding a copy of the enclosed report. The report should be self-explanatory; however, should you have any questions concerning this report, please do not hesitate to contact Ms. Hood or me at (704) 663-1699. Sincerely, —71 Robert B. Krebs Surface Water Protection Regional Supervisor Enclosure cc: Cleveland County Health Department DH N. C. Division of Water Quality, Mooresville Regional Office, 610 East Center Avenue, Suite 301, Mooresville NC 28115 (704) 663-1699 Customer Service 1-877-623-6748 11 United States Environmental Protection Agency EPA Washington, D.C. 20460 Form Approved. OMB No. 2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding (i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 2 3 11 12 17 NI 15I I NC0079740 I I 08/02/14 I 18 19 20 I CI I SI 11 Remarks 21IIIIIIIIIIIIIIIIIIIIIIIIIIIIII111111111111111116 Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 QA --------------------------- Reserved ---------------------- 67I 1. 5 169 70I 5 I 71 I I 72I N I 73 L u 74 75I I I I I I I 180 Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 10:15 AM 08/02/14 05/05/01 Ellison WTP Exit Time/Date Permit Expiration Date 1432 oak Grove Rd Kings Mountain NC 28086 11:11 AM 08/02/14 08/08/31 Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Larry Deal//704-482-7131 / Larry Edward Deal/ORC/704-482-7131/ Name, Address of Responsible Official/Title/Phone and Fax Number Dennis Wells,PO Box 429 Kings Mountain NC 280860429/Director Contacted /704-734-4525/ No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit ■ Flow Measurement ■ Operations & Maintenance ■ Records/Reports Self -Monitoring Program ■ Sludge Handling Disposal ■ Facility Site Review ■ Effluent/Receiving Waters Laboratory Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date Donna Ho`"«d 1 MRO WQ/// Sign ture of Management Q A Reu'Lewer ency/Office/Phone and Fax Numbers Date = �� rt �C, f Mardia' Al occo RO WQ//709-235-2209/ t EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page # 1 pr Permit: NCO079740 Inspection Date: 02/14/2008 Owner - Facility: Ellison WTP Inspection Type: Compliance Evaluation Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? n ❑ ❑ ■ Is the facility as described in the permit? n ■ ❑ n # Are there any special conditions for the permit? ❑ ■ n n Is access to the plant site restricted to the general public? ■ n El n Is the inspector granted access to all areas for inspection? ■ ❑ ❑ n Comment: Please be aware that permit renewal package must be submitted 180 days prior to expiration. This permit expires on 8/31/2008, thus the renewal package must be submitted very soon. Please update the facility description to include all applicable treatment units. The current permit description is not up to date. Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ ❑ f_1 Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ❑ ❑ ■ ❑ Judge, and other that are applicable? Comment: The facility appeared to.be well maintained and operated at the time of the inspection. Record Keeping Yes No NA NE Are records kept and maintained as required by the permit? ■ 1100 Is all required information readily available, complete and current? ■ n. ❑ n Are all records maintained for 3 years (lab. reg. required 5 years)? ■ n n n Are analytical results consistent with data reported on DMRs? ■ n n n Is the chain -of -custody complete? n n n ■ Dates, times and location of sampling 171 Name of individual performing the sampling Q Results of analysis and calibration 171 Dates of analysis n Name of person performing analyses n Transported COCs Are DMRs complete: do they include all permit parameters? ■ n n n Has the facility submitted its annual compliance report to users and DWQ? n n ■ n (If the facility is = or > 5 MGD permitted flow) Do they operate 24/7 with a certified operator on each shift? n ❑ ■ ❑ Is the ORC visitation log available and current? ■ n n n Is the ORC certified at grade equal to or higher than the facility classification? ■ n n n Page # 3 Permit: NCO079740 Inspection Date: 02/14/2008 Owner - Facility: Ellison wTP Inspection Type: Compliance Evaluation Record Keeping Yes No NA NE Is the backup operator certified at one grade less or greater than the facility classification? ■ n n ❑ Is a copy of the current NPDES permit available on site? ■ n n n Facility has copy of previous year's Annual Report on file for review? n n ■ n Comment: DMRs for march 2007-December 2007 were reviewed for the inspection. No violations were reported for the review period. Laboratory Yes No NA NE Are field parameters performed by certified personnel or laboratory? ■ n n n Are all other parameters(excluding field parameters) performed by a certified lab? ■ n n n # Is the facility using a contract lab? n n ■ Is proper temperature set for sample storage (kept at 1.0 to 4.4 degrees Celsius)? ■ n n n Incubator (Fecal Coliform) set to 44.5 degrees Celsius+/- 0.2 degrees? ❑ n ■ n Incubator (BOD) set to 20.0 degrees Celsius +/- 1.0 degrees? n n ■ n Comment: Laboratory analyses are performed by Kings Mountain Pilot Creek VWVfP (#222). Par Labs (#20) also performs analyses. Secondary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? n n ■ n Is the site free of excessive buildup of solids in center well of circular clarifier? ■ ❑ n El Are weirs level? ■ n n n Is the site free of weir blockage? ■ n n n Is the site free of evidence of short-circuiting? ■ ❑ ❑ Is scum removal adequate? ❑ ❑ ■ Is the site free of excessive floating sludge? ■ 0 ❑ n Is the drive unit operational? ❑ ❑ ■ ❑ Is the return rate acceptable (low turbulence)? n n ■ n Is the overflow clear of excessive solids/pin floc? n n ■ n Is the sludge blanket level acceptable? (Approximately '/d of the sidewall depth) n n n ■ Comment: The clarifier, used as a settling tank, appeared well maintained and operated at the time of the inspection. De -chlorination Yes No NA NE Type of system ? Liquid Is the feed ratio proportional to chlorine amount (1 to 1)? n n ■ n Page # 4 Permit: NC0079740 Inspection Date: 02/14/2008 De -chlorination Owner -Facility: Ellison WTP Inspection Type: Compliance Evaluation Is storage appropriate for cylinders? # Is de -chlorination substance stored away from chlorine containers? Comment: Are the tablets the proper size and type? Are tablet de -chlorinators operational? Number of tubes in use? Comment: Sodium thiosulfate is used for dechlorination. Drying Beds Is there adequate drying bed space? Is the sludge distribution on drying beds appropriate? Are the drying beds free of vegetation? # Is the site free of dry sludge remaining in beds? Is the site free of stockpiled sludge? Is the filtrate from sludge drying beds returned to the front of the plant? # Is the sludge disposed of through county landfill? # Is the sludge land applied? (Vacuum filters) Is polymer mixing adequate? Comment: Flow Measurement- Effluent # Is flow meter used for reporting? Is flow meter calibrated annually? Is the flow meter operational? (If units are separated) Does the chart recorder match the flow meter? Comment: Effluent flow is measured by backwash cycles. Effluent Pipe Is right of way to the outfall properly maintained? Are the receiving water free of foam other than trace amounts and other debris? If effluent (diffuser pipes are required) are they operating properly? Comment: Effluent Sampling Yes No NA NE nn■n ■nnn nn■n nn■n ■ n n n ■ n n n ■ n n O ■nnn ■nnn ■nnn ■nnn nnn■ ■nnn Page # 5 Permit: NC0079740 Inspection Date: 02/14/2008 Effluent Sampli Is composite sampling flow proportional? Is sample collectedbelow all treatment units? Is proper volume collected? Is the tubing clean? Owner -Facility: Ellison WTP Inspection Type: Compliance Evaluation Is proper temperature set for sample storage (kept at 1.0 to 4.4 degrees Celsius)? Is the facility sampling performed as required by the permit (frequency, sampling type representative)? Comment: Upstream / Downstream Sampling Yes No NA NE Yes No NA NE Is the facility sampling performed as required by the permit (frequency, sampling type, and sampling location)? ■ n ❑ n Comment: Page # 6 PV 01 IN Dear Ms. Allocco; 9/19/06 Enclosed is the information for the dechlorination system as requested. The system -consists of a PULSATRON Electronic Metering Pump with a capacity of 24 gallons per day max. output. We pump from the 55 gal. Sodium Thiosulfate barrel to a manhole in front of the water plant. We are currently using 30% Sodium Thiosulfate. If you have any more questions, please let me know. You can reach me at 704-482-7131 by phone or 704-482-1157 by fax. Sincerely; Newt Henson,Jr ORC T.J Ellison Water Treatment Plant City of Kings Mountain NPDES Permit No. NCO079740 _ N" ^; W�D k!ATORV";t. REESOURCES OFFICE. SEP 2 1 200(, khk6, vuat5!kS paa-A wr)i os OKOFW� AM1T�pG Michael F. Easley, Goverr ' '4 ` T William G. Ross Jr., Secretary U14 North Carolina Department of Environment and Natural Resources May 18, 2007 Mr. Dennis Wells, Water Resources Director City of Kings Mountain Post Office Box -129 Kings Mountain, North Carolina 28086 Dear Mr. Wells: Alan W. Klimek, P.E. Director Division of Water Quality Subject: Compliance Evaluation Inspection Kings Mountain/T.J. Ellison WTP NPDES Permit No. NC0079740 Cleveland County, N.C. Enclosed is a copy of the Co>npli.an.ce Evaluation Inspection Report for the )impection conducted at the subject facility on May 15, 2007 by Mr. Wes Bell of this Office. Please advise the facility's Operator -in -Responsible Charge of our findings by forwarding a copy of the enclosed report. The report should be self-explanatory; however, should you have any questions concerning this report, please do not hesitate to contact Mr. Bell or me at (704) 663-1699. Sincerely, I Robert B. Krebs Surface Water Protection Regional Supervisor Enclosure cc: Cleveland County Health Department one NorthCarolina Naturally Mooresville Regional Office Division of Water Quality Phone 704-663-1699 Customer Service Internet: www.ncwaterquality.org 610 East Center Ave, Suite 301 Mooresville, NC 28115 Fax 704-663-6040 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper 71 United States Environmental Protection Agency Form Approved. E P " Washington, D.C. 20460 OMB No. 2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding (i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 I NI 2 15131 N00079740 Ill 121 07/05/15 117 18I CI 19I SI 20I II Remarks I II ff II I LJ..._LjI j_j6 �211 Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 CA --------------------------- Reserved ---------------------- 67I 1.5 169 7014 I 71 I N I 72I N I 73Ilj '' 74 751 ! 11 I I I IIO � f _t Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include Entry Time/Dale Permit Effective Date POTW name and NPDES permit Number) Ellison WTP 01:12 PM 07/05/15 05/05/01 Exit Time/Date Permit Expiration Date [ 1432 oak Grove Rd Kings Mountain NC 28086 02:00 PM 07/05/15 08/08/31 Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Larry Edward Deal//704-482-7131 / Name, Address of Responsible Official/Title/Phone and Fax Number Dennis We11s,P0 Box 929 Kings Mountain NC 28086/Director Contacted /704-734-4525/ No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) VIA Permit Flow Measurement Operations & Maintenance �`" Records/Reports v Self -Monitoring Program f.; Sludge Handling Disposal Facility Site Review EffluenUReceiving Waters t Laboratory Section D: Summar roof Findin�/Comments (Attach additional sheets of narrative and checklists as necessa `See attachment summary) Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date Wesley N Bell MRO WQ//704-663-1699 Ext_231/ I Signature of Management 0 A Re ew r Agency/Office/Phone and Fax Numbers ate Marcia locco MRO WQ//704-235-2204/ ` EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page # 1 Permit: NCO079740 Inspection Date: 05/15/2007 Owner- Facility: Ellison WTP Inspection Type: Compliance Evaluation Pernllt Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? D !-1 rn 0 Is the facility as described in the permit? ra 0 0 0 # Are there any special conditions for the permit? (o n Lq, n Is access to the plant site restricted to the general public? M rl 0 0 Is the inspector granted access to all areas for inspection? Ib n Cl 0 Comment: Record Keeping in Yes No PEA NE Are records kept and maintained as required by the permit? MI 171 n f-1 Is all required information readily available, complete and current? ma iD rl 0 Are all records maintained for 3 years (lab. reg. required 5 years)? n (n1 F 1 I'D Are analytical results consistent with data reported on DMRs? n n fYl Is the chain -of -custody complete? fl f! !1 Dates, times and location of sampling RE, Name of individual performing the sampling Results of analysis and calibration E_ Dates of analysis Name of person performing analyses HIT Transported COCs Are DMRs complete: do they include all permit parameters? i1 0 €0 Has the facility submitted its annual compliance report to users and DWQ? (If the facility is = or > 5 MGD permitted flow) Do they operate 24/7 with a certified operator on each shift? Is the ORC visitation log available and current? L 00 Is the ORC certified at grade equal to or higher than the facility classification? I n n In Is the backup operator certified at one grade less or greater than the facility classification?"' 0 �I n Is a copy of the current NPDES permit available on site? Facility has copy of previous year's Annual Report on file for review? fl f0l u, 0 Comment: Dig Rs were reviewed for the period dune 06 through February 07. No limit violations were reported and all monitoring frequencies were correct. Laborz.YEQry Yes No NA WE Are field parameters performed by certified personnel or laboratory? KI [_I n 1-1 Page # 3 Permit: NC0079740 Owner - Facility: Ellison WiP Inspection Date: 05/15/2007 Inspection Type: Compliance Evaluation Laboratory Yes No NA HE Are all other parameters(excluding field parameters) performed by a certified lab? p" n L # Is the facility using a contract lab? 10 0 I ll 0 Is proper temperature set for sample storage (kept at 1.0 to 4.4 degrees Celsius)? m n n n Incubator (Fecal Coliforrn) set to 44.5 degrees Celsius+/- 0.2 degrees? 171 i'l Egg E.1 Incubator (BOD) set to 20.0 degrees Celsius +/- 1.0 degrees? El U o i1 Comment: Effluent analyses are performed by the City of Kings Mountain Pilot Creek WW1-P certified laboratory (#222). Par Labs (certification #20) has also been contracted to provide analytical support. The Pilot Creek 1M/VTP laboratory staff must ensure the end times for the settleable solids analyses are documented. Effluent Sampling Yes No NA NE Is composite sampling flow proportional? i1 0 m 0 Is sample collected below all treatment units? V�' Is proper volume collected? I Is the tubing clean? 0 m D Is proper temperature set for sarnple storage (kept at 1.0 to 4.4. degrees Celsius)? € Is the facility sampling performed as required by the permit (frequency, sampling type representative)? %o 0 D D Comment: Upstream / Downstream Sampli Yes No NA NE Is the facility sampling performed as required by the permit (frequency, sampling type, and sampling location)? HE i � D 0 Comment: Operations & Maintenance Yes No 14A NE Is the plant generally clean with acceptable housekeeping? H, 0 n 0 Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge 0 0 0 0 Judge, and other that are applicable? Comment: The facility appeared to be properly operated and well maintained. Polymer is added upstream of the settling tank to enhance the removal of suspended solids. `low Measurement - influent Yes do NA CIE +f Is flow meter used for reporting? n ( _1 a L-11 Is flow meter calibrated annually? %l n me 1 Is the flow meter operational? 0 0 L� 1 (Y1 (if units are separated) Does the chart recorder match the flow meter? F1 [I lg-� 0 Page # 4 11 Permit: NC0079740 Inspection ©ate: 05/15/2007 Ovrner - Facility: Ellison WTP Inspection Type: Compliance Evaluation Flow Measurement - Influent Yes No NA NE Comment: The influent flows are based_ on the number of filter backwash cycles. De -chlorination Yes No NA NC Type of system ? Liquid Is the feed ratio proportional to chlorine amount (1 to 1)? 0 0 m 0 is storage appropriate for cylinders? n 11 ElA O Is de -chlorination substance stored away from chlorine containers? m r1 I3 13 Comment: Are the tablets the proper size and type? fl n gn I[I Are tablet de -chlorinators operational? 0 r? M rl !dumber of tubes in use? Comment: Sodium thiosulfate is added prior to the settling tank to dechlorinate the wastewater. ryinc,, beds Yes No NA NE Is there adequate drying bed space? 0 0 0 Is the sludge distribution on drying beds appropriate?; n f l 0 Are the drying beds free of vegetation? 1-1 n r1 # Is the site free of dry sludge remaining in beds? f1 lu n f 1 Is t1 ie site free of stockpiled sludge? hl f 1 n Is the filtrate from sludge drying beds returned to the front of the plant? t f YI 0 0 !f Is the sludge disposed of through county landfill? f=1 fnl fi # Is the sludge land applied? I_l n P Ol (Vacuum filters) Is polymer miring adequate? f-I i1 €g Comment: The facility utilizes vacuum type drying beds. Dewatered sludge was observed on the filter beds. The dewatered sludge is taken to the Gaston County Landfill. Effll-cent Pipe Yes No NA NE Is right of way to the outfall properly maintained? mi 0 E-1 0 Are the receiving water free of foam other than trace amounts and other debris? m Q El n If effluent (diffuser pipes are required) are they operating properly? fl ❑ n Corriment: The facility was not discharging at the time of the inspection. The receiving stream did not appear to be negatively impacted. Page ## 5 -u��414 Michael F. Easley, Go or William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P. E., Director Division of Water Quality September 6, 2006 Mr. Dennis Wells Director of Public Utilities Kings Mountain P.O. Box 429 Lincolnton, NC 28086 Subject: Compliance Evaluation Inspection Kings Mountain WTP NPDES Permit No. NCO079740 Cleveland County, North Carolina Dear Mr. Wells: Enclosed please find a copy of the Compliance Evaluation Inspection Report for the inspection conducted at the subject facility on August 16, 2006 by Ms. Donna Hood of this Office. Please inform the facility's Operator -in -Responsible Charge of our findings by forwarding a copy of the enclosed report. It is requested that a written response be submitted to the Office by October 6, 2006, addressing the commemts noted in the Permit Section of the report. In responding, please address your comments to the attention of Ms. Marcia Allocco. The report should be self-explanatory; however, should you have any questions concerning this report, please do not hesitate to contact Ms. Hood or me at (704) 663-1699. Sincerely, D. Rex Gleason, P.E. Surface Water Protection Regional Supervisor Enclosure cc: Cleveland County Health Department DH N. C. Division of Water Quality, Mooresville Regional Office, 610 East Center Avenue, Suite 301, Mooresville NC 28115 (704) 663-1699 Customer Service 1-877-623-6748 United States Environmental Protection Agency EPA Washington, D.C. 20460 Water compliance Inspection Report Section A: National Data System Coding (i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type 1 IJ 2 I5� 31 NCO079740 I11 121 06/08/16 117 181CJ „ , , , . . . _ Remarks IJ Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 QA 67 1.0 69 70 4 I 71 UI 72I N I J Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include POTW name and NPDES permit Number) Ellison WTP 1432 Oak Grove Rd Kings Mountain NC 28086 Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Newt E. Henson/ORC/704-482-7131/ Name, Address of Responsible Official/Title/Phone and Fax Number Dennis Wells,PO Box 429 Kings Mountain NC 28086/Director Contacted /704-734-4525/ No Form Approved. OMB No. 2040-0057 Approval expires 8-31-98 Inspector Fac Type 19LI 20U --------------------------- Reserved --------- -- 73I I I74 751 1 1 1 I I I 180 Entry Time/Date 02:10 PM 06/08/16 Permit Effective Date 05/05/01 Exit Time/Date Permit Expiration Date 03:00 PM 06/08/161 08/08/31 Other Facility Data Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit Flow Measurement Operations &Maintenance. Records/Reports Self -Monitoring Program N Sludge Handling Disposal 0 Facility Site Review Effluent/Receiving Waters Laboratory of (See attachment summary) Name(s) and Signature(s) of Inspector(s) Donn ood S' not re of Management Q A Re fewer Marcia A locco EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. rrative Agency/Office/Phone and Fax Numbers Date MRO WQ/// Agency/Office/Phone and Fax Numbers Date MRO WQ//704-235-2204/ Page # 1 Permit: NCO079740 Owner - Facility: Ellison WTP Inspection Date: 08/16/2006 Inspection Type: Compliance Evaluation Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? ❑ ❑ ■ ❑ Is the facility as described in the permit? ■ ❑ ❑ ❑ # Are there any special conditions for the permit? ❑ ■ ❑ ❑ Is access to the plant site restricted to the general public? ■ ❑ ❑ p Is the inspector granted access to all areas for inspection? ■ ❑ ❑ I] Comment: Kings Mountain WTP permit is effective from 11/1/2003-8/31/2008. A total residual chlorine limit (TRC) became effective 05/01/2005. The facility did not receive an Authorization to Construct (AtoC) for the addition of dechlorination to the treatment process. Please submit as -built drawings for this change in the treatment process. Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? 01300 Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ■ ❑ ❑ ❑ Judge, and other that are applicable? Comment: Record Keeping Yes No NA NE Are records kept and maintained as required by the permit? ■ ❑ ❑ Ej Is ail required information readily available, complete and current? ■ ❑ fl ❑ Are all records maintained for 3 years (lab. reg. required 5 years)? ■ ❑ ❑ 0 Are analytical results consistent with data reported on DMRs? ■ ❑ ❑ p Is the chain -of -custody complete? ■ ❑ ❑ ❑ Dates, times and location of sampling ■ Name of individual performing the sampling ■ Results of analysis and calibration ■ Dates of analysis ■ Name of person performing analyses ■ Transported COCs ■ Are DMRs complete: do they include all permit parameters? ■ ❑ 0 ❑ Has the facility submitted its annual compliance report to users and DWQ? ❑ ❑ 0 0 (If the facility is = or > 5 MGD permitted flow) Do they operate 24/7 with a certified operator on each shift? ❑ 000 Is the ORC visitation log available and current? ■ 0 ❑ ❑ Is the ORC certified at grade equal to or higher than the facility classification? ■ ❑ ❑ ❑ Page # 3 Permit: NCO079740 Owner - Facility: Ellison WTP Inspection Date• 08/16/2006 Inspection Type: Compliance Evaluation Record Keeping Yes No NA NE Is the backup operator certified at one grade less or greater than the facility classification? ■ ❑ ❑ ❑ Is a copy of the current NPDES permit available on site? ■ Q ❑ ❑ Facility has copy of previous year's Annual Report on file for review? 0 [I D ■ Comment: DMRs for June 2005- May 2006 were reviewed for the inspection period. Three TRC violations were documented during the review period. All three were handled previously by issuance of NOVs. Labs Yes No NA NE Are field parameters performed by certified personnel or laboratory? ■ Q Q ❑ Are all other parameters(excluding field parameters) performed by a certified lab? ■ ❑ ❑ ❑ # Is the facility using a contract lab? ■ Q ❑ ❑ Is proper temperature set for sample storage (kept at 1.0 to 4.4 degrees Celsius)? Q Q Q ■ Incubator (Fecal Coliform) set to 44.5 degrees Celsius+/- 0.2 degrees? Q ❑ ■ ❑ Incubator (BOD) set to 20.0 degrees Celsius +/- 1.0 degrees? Q ❑ ■ ❑ Comment: Kings Mountain WWTP (#222) and Par Labs (#20) perform all necessary analyses. Secondary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? ■ ❑ Q ❑ Is the site free of excessive buildup of solids in center well of circular clarifier? ■ ❑ ❑ ❑ Are weirs level? ■❑Q❑ Is the site free of weir blockage? ■ Q ❑ ❑ Is the site free of evidence of short-circuiting? ■ n Q ❑ Is scum removal adequate? ■ 00 ❑ Is the site free of excessive floating sludge? ■ ❑ ❑ ❑ Is the drive unit operational? ■ ❑ ❑ ❑ Is the return rate acceptable (low turbulence)? ■ ❑ ❑ ❑ Is the overflow clear of excessive solids/pin floc? ■ Q ❑ ❑ Is the sludge blanket level acceptable? (Approximately''/< of the sidewall depth) ❑ ❑ ❑ ■ Comment: Solids are disposed of at the county landfill. Drying Beds Yes No NA NE Is there adequate drying bed space? ■ Q Q ❑ Is the sludge distribution on drying beds appropriate? ■ Q Q Q Page # 4 Permit: NCO079740 Owner - Facility: Ellison WTP Inspection Date: 08/16/2006 Inspection Type: Compliance Evaluation Drying Beds Yes No NA NE Are the drying beds free of vegetation? ■ ❑ ❑ ❑ # Is the site free of dry sludge remaining in beds? ■ ❑ ❑ ❑ Is the site free of stockpiled sludge? ■ ❑ ❑ ❑ Is the filtrate from sludge drying beds returned to the front of the plant? ■ ❑ ❑ ❑ # Is the sludge disposed of through county landfill? ■ ❑ ❑ ❑ # Is the sludge land applied? ❑ ❑ ■ ❑ (Vacuum filters) Is polymer mixing adequate? ■ 0 Cl ❑ Comment: Drying beds were well maintained at the time of the inspection. Flow Measurement - Effluent Yes No NA NF # Is flow meter used for reporting? Is flow meter calibrated annually? Is the flow meter operational? (If units are separated) Does the chart recorder match the flow meter? Comment: Flow is measured by filter backwash cycles. Effluent Sampling Is composite sampling flow proportional? Is sample collected below all treatment units? Is proper volume collected? Is the tubing clean? Is proper temperature set for sample storage (kept at 1.0 to 4.4 degrees 'Celsius)? Is the facility sampling performed as required by the permit (frequency, sampling type representative)? Comment: De -chlorination Type of system ? Is the feed ratio proportional to chlorine amount (1 to 1)? Is storage appropriate for cylinders?, # Is de -chlorination substance stored away from chlorine containers? Are the tablets the proper size and type? Comment: Sodium thiosulfate is used for dechlorination. Are tablet de -chlorinators operational? Liquid ❑ ❑ ■ ❑ Page # 5 Permit: NC0079740 Owner - Facility: Ellison WTP Inspection Date: 08/16/2006 Inspection Type: Compliance Evaluation De -chlorination Yes No NA NE Number of tubes in use? Comment: An Authorization to Construct was not submitted for addition of dechlorination facilities. Please submit as -built specifications as soon as possible. Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? ■ rl Q Are the receiving water free of foam other than trace amounts and other debris? ■ ❑ ❑ ❑ If effluent (diffuser pipes are required) are they operating properly? ❑ 0 ■ Comment: Page # 6 W A T �9pG CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Dennis Wells City of Kings Mountain Post Office Box 429 Kings Mountain, North Carolina 28086 Subj ect: Dear Mr. Wells: ULCrl✓ Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P. E., Director Division of Water Quality February 3, 2006 7003 2260 00013492 8065 Notice of Violation - Effluent Limitations Tracking #: NOV-2006-LV-0056 Kings Mountain Ellison WWTP NPDES Permit No. NCO079740 Cleveland County A review of the November 2005 self -monitoring report for the subject facility revealed a violation of the following parameter: Pipe Parameter Reported Value Permit Limit (daily maximum) 001 Total Residual Chlorine 46 ug/l . 28 ug/1 Remedial actions, if not already implemented, should be taken to correct any problems. The Division of Water Quality 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. You may contact Mr. John Lesley of this Office for additional information. If you have questions concerning this matter, please do not hesitate to contact Mr. Lesley or me at 704/663-1699. Sincerely, D, Rex Gleason, P.E. Surface Water Protection Regional Supervisor cc: Point Source Branch Cleveland County Health Dept. JL No` Caroina u'-27 N. C. Division of Water Quality, Mooresville Regional Office, 610 East Center Avenue, Suite 301, Mooresville NC 28115 (704) 663-1699 Customer Service 1-877-623-6748 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross, Jr., Secretary Alan W. Klimek, P.E., Director November 14, 2005 CERTIFIED MAIL CM # 7003 2260 00013492 8256 RETURN RECEIPT REQUESTED Mr. Dennis Wells, Collection and. Distribution System Director City of Kings Mountain P.O. Box 429 Kings Mountain, NC 28086 Subject: Notice of Violation - Effluent Limitations Tracking #: NOV-2005-LV-0527 City of Kings Mountain — T. J. Ellison WTP NPDES Permit No. NCO079740 Cleveland County Dear Mr. Wells: A review of the July 2005 self -monitoring report for the subject facility revealed violations of the following parameter: Pipe Parameter Reported Value Limit 001 Total Residual Chlorine 33 µg/L 28 µg/L FIN Remedial actions, if not already implemented, should be taken to correct any problems. The Division of Water Quality 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. You may contact Richard Bridgeman of this Office for additional information. If you have questions concerning this matter, please do not hesitate to contact Mr. Bridgeman or me at 704/663-1699. Sincerely, D. Rex Gleason, P.E. Surface Water Protection Regional Supervisor cc: Point Source Branch RM Mooresville Regional Office 610 East Center Avenue, Suite 301, Mooresville, North Carolina 28115 One Phone: 704-663-1699 / Fax: 704-663-6040 / Internet: h2o.enr.state.nc.us NorthCarollina An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper Naturallb, North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross, Jr., Secretary Alan W. Klimek, P.E., Director September 13, 2005 CERTIFIEID MAIL RETURN RECEIPT RE(�UESTEID 7003 2260 00013492 6795 Mr. Dennis Wells, Collection and Distribution System Director City of Kings Mountain P.O. Box 429 Kings Mountain, NC 28086 Subject: Notice of Violation - Effluent Limitations Tracking #: NOV-2005-LV-0439 City of Kings Mountain — T. J. ElIison WTP NPDES Permit No. NCO079740 Cleveland County Dear Mr. Wells: A review of the May 2005 self -monitoring report for the subject facility revealed violations of the following parameter: Pipe Parameter Reported Value Limit 001 Total Residual Chlorine 90 µg/L 28 g.g/L FIN Remedial actions, if not already implemented, should be taken to correct any problems. The Division of Water Quality 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. You may contact Richard Bridgeman of this Office for additional information. If you have questions concerning this matter, please do not hesitate to contact Mr. Bridgeman or me at 704/663-1699. Sincerely, D. Rex Gleason, P.E. Surface Water -Protection Regional Supervisor cc: Point Source Branch RMB Mooresville Regional Office 610 East Center Avenue, Suite 301, Mooresville, North Carolina 28115 iy �e��'OIl2�� Phone: 704-663-16991 Fax: 704-663-60401 Internet: h2o.enr.state.nc.us lti 1 I l II An Equal Opportunity/Affirmative Action Employer- 50% Recycledl10% Post Consumer Paper Natmrally T. J. Ellison Water Treatment Plant Subject: T. J. Ellison Water Treatment Plant From: "Dennis Wells" <dennisw@cityofkm.com> Date: Tue, 7 Jun 2005 11:33:21 -0400 To: <barry.love@ncmail.net> Dear Mr. Love: I have recieved the inspection report for our facility. I wanted to let you know that the sweep arm on the gavity thicker tank has been repair. Sincerely, Dennis Wells, Director, Collections and Distribution Systems 1 of 1 6/8/2005 9:22 AM f Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources / Alan W. Klimek, P. E. Director �! Division of Water Quality June 3, 2005 Mr. Dennis Wells, Director of Water Distribution and Collection Systems City of Kings Mountain P.O. Box 429 Kings Mountain, North Carolina 28086 Subject: Compliance Evaluation Inspection T.J. Ellison WTP NPDES Permit No. NCO079740 Cleveland County, NC Dear Mr. Wells: Enclosed is a copy of the Compliance Evaluation Inspection Report for the inspection conducted at the subject facility on May 26, 2005 by Mr. Barry Love of this Office. Please inform the facility's Operator -in -Responsible Charge of our findings by forwarding a copy of the enclosed report to him. Please take special note of the comments under the Summary of Findings and Laboratory headings. The report should be self-explanatory; however, should you have any questions concerning this report, please do not hesitate to contact Mr. Love or me at (704) 663-1699. Sincerely, 21 t +` n D. Rex Gleason, P.E. Surface Water Protection Regional Supervisor Enclosure cc: Cleveland County Health Department o ehCarolina NNaturally N. C.1 of Water Quality, Mooresville Regional Office, 610 East Center Avenue, Suite 301, Mooresville NC 28115 (704) 663-1699 Customer Service 1-877-623-6748 United States Environmental Protection Agency Form Approved. EP /� Washington, D.C. 20460 /'"'i OMB No. 2040-0057 Water Compliance Inspection rt Approval expires 8-31-98 Section A: National Data System Coding (i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 U 2 u 31 NCO079740 1 11 121 05/05/26 1 17 18 U 19 U 20 U u Remarks 211111Jill 11111111111111111111111111111111111111J66 Inspection Work Days Facility Self -Monitoring Evaluation Rating 81 QA ---- —----- -----------Reserved---------- 67I 3.0 1 69 70 U 71 U 72 U 73 W 74 751 I I I I I I 180 Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) Ellison WTP . 09:55 AM 05/05/26 03/11/01 Exit Time/Date Permit Expiration Date 1432 oak Grove Rd Kings Mountain NC 28086 11:00 AM 05/05/26 08/08/31 Name(s) of Onsite Representative(s)ffitles(s)/Phone and Fax Number(s) Other Facility Data Newt E. Henson/ORC/704-482-7131/ Name, Address of Responsible Official/Title/Phone and Fax Number Dennis Wells, Director, PO Box 429 Kings Mountain NC 28086/DirectoContacted r /704-734-4525/ No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit Flow Measurement Operations & Maintenance Records/Reports Self -Monitoring Program ® Sludge Handling Disposal Facility Site Review Effluent/Receiving Waters Laboratory Section D: Summary of Finding/Comments Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date Barry`r Love MRO WQ//704-663-1699 Ext.263/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date Richard M Bridgeman 704-663-1699 Ext.264/ EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. NN NPDES yr/mo/day Inspection Type NC0079740 I11 121 05/05/26 117 18m Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) The wastewater system consists of a sludge settling basin and two sludge drying beds. An additional basin is utilized as an overflow basin. The sweeper in the sludge settling basin was broke. The ORC stated that they planned to fix it promptly. The sludge level was not visible in the settling basin. Please note that the permit requires that the facility be properly operated and maintained at all times. Permit (If the present permit expires in 6 months or less). Has the permittee submitted a new application? Yes No NA NE ❑ ❑ 0 ❑ Is the facility as described in the permit? ■ ❑ ❑ ❑ Are there any special conditions for the permit? ❑ 0 ❑ ❑ Is access to the plant site restricted to the general public? 0 ❑ ❑ ❑ Is the inspector granted access to all areas for inspection? 0 ❑ ❑ ❑ Comment: Operations & Maintenanre Yes No NA Is the plant generally clean with acceptable housekeeping? ❑ ❑ NF ❑ Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge Judge, ❑ ❑ 0 ❑ and other that are applicable? Comment: Laboratory Are field parameters performed by certified personnel or laboratory? Yes No ❑ NA ❑ NE ❑ Are all other parameters(excluding field parameters) performed by a certified lab? 0 ❑ ❑ ❑ Is the facility using a contract lab? 0 ❑ ❑ ❑ Is proper temperature set for sample storage (kept at 1.0 to 4.4 degrees Celsius)? ❑ ❑ ❑ Incubator (Fecal Coliform) set to 44.5 degrees Celsius+/- 0.2 degrees? ❑ ❑ 0 ❑ Incubator (BOD) set to 20.0 degrees Celsius +/- 1.0 degrees? ❑ ❑ E ❑ Comment: The City of Kings Mountain Pilot Creek WWTP Laboratory (Certification #222) and the contracted services of PAR Laboratories, Inc. (Certification #20) provide analytical support. During the inspection it was discovered that the thermometer used for effluent temperature readings was not NIST certified or checked against a NIST certified thermometer. Please note that the permit requires proper operation and maintenance of the facility which includes adequate laboratory controls and appropriate quality assurance procedures. Flow M as ur - Effluent Yes No NA N .m .nt Is flow meter used for reporting? ❑ 0 ❑ ❑ Is flow meter calibrated annually? ❑ ❑ N ❑ Is the flow meter operational? ❑ ❑ 0 ❑ (if units are separated) Does the chart recorder match the flow meter? ❑ ❑ ❑ Comment: The flow is measured by multiplying the pump hours by the pump rate from a single non -variable rate pump located at the backwash filter. Record Keeping Yes Are records kept and maintained as required by the permit? No E ❑ NA ❑ N ❑ Is all required information readily available, complete and current? E ❑ ❑ ❑ Are all records maintained for 3 years (lab. reg. required 5 years)? E ❑ ❑ ❑ Are analytical results consistent with data reported on DMRs? 0 ❑ ❑ ❑ Is the chain -of -custody complete? 0 ❑ ❑ ❑ O&M Manual ❑ As built Engineering drawings ❑ Schedules and dates of equipment maintenance and repairs Dates, times and location of sampling Name of individual performing the sampling 0 Results of analysis and calibration Dates of analysis ■ Name of person performing analyses 0 Transported COCs Are DMRs complete: do they include all permit parameters? Cl ❑ ❑ Has the facility submitted its annual compliance report to users and DWQ? 0 0 0 E (If the facility is = or > 5 MGD permitted flow) Do they operate 24/7 with a certified operator on each shift? ❑ ❑ 0 ❑ Is the ORC visitation log available and current? E ❑ ❑ ❑ Is the ORC certified at grade equal to or higher than the facility classification? E ❑ ❑ ❑ Is the backup operator certified at one grade less or greater than the facility classification? N ❑ ❑ ❑ Is a copy of the current NPDES permit available on site? E ❑ ❑ ❑ Facility has copy of previous year's Annual Report on file for review? ❑ ❑ ❑ Comment: DMR's were reviewed for the period of March 2004 through February 2005. No monitoring or limit violations were reported for the period. Effluent Sam lino Is composite sampling flow proportional? Yes No ❑ ❑ NA N E ❑ Is sample collected below all treatment units? 0❑ ❑ ❑ Is proper volume collected? ❑ ❑ ❑ Is the tubing clean? ❑ ❑ ■ ❑ Is proper temperature set for sample storage (kept at 1.0 to 4.4 degrees Celsius)? ❑ ❑ i ❑ Is the facility sampling performed as required by the permit (frequency, sampling type representative)? E ❑ ❑ ❑ Comment: D[ying BQdd Is there adequate drying bed space? Yes No ❑ NA N ❑ ❑ Is the sludge distribution on drying beds appropriate? 0❑ ❑ ❑ Are the drying beds free of vegetation? ® ❑ ❑ ❑ Is the site free of dry sludge remaining in beds? ❑ E ❑ ❑ Is the site free of stockpiled sludge? ❑ ❑ ❑ Is the filtrate from sludge drying beds returned to the front of the plant? ■ ❑ ❑ ❑ Is the sludge disposed of through county landfill? E❑ ❑ ❑ Is the sludge land applied? ❑- ❑ ❑ (Vacuum filters) Is polymer mixing adequate? ■ ❑ ❑ ❑ Comment: Sludge is disposed at the Gaston County landfill. EffIL�t .nt_PIDQ Is right of way to the outfall properly maintained? Yes No NA N so ❑ ❑ Are the receiving water free of foam other than trace amounts and other debris? ❑ ❑ ❑ If effluent (diffuser pipes are required) are they operating properly? ❑ ❑ ❑ Comment: The facility was not discharging at the time of the inspection. Michael F. Easley OF W ATF9 Governor 4� �►*A yNCDENR William.G,.,Ross,,Jr.,, Secretary r North Carolina Department of Environment and Natural EiesourcesJU Klimek P,:E 7 Qir"Ekat -rFICE Division gf*atef Quality i January 3, 2003 �11 222005 � Walter C. 011is City of Kings Mountain P.O. Box 429 Kings Mountain, NC 28086 Subject: Renewal Notice NPDES Permit NCO079740 Ellison WTP Cleveland County Dear Permittee: The subject permit expires on August 31, 2003. North Carolina Administrative Code (15A NCAC 2H.0105(e)) requires that an application for permit renewal be filed at least 180 days prior to expiration of the current permit. If you have already mailed your renewal application, you may disregard this notice. To satisfy this requirement, your renewal package must be sent to the Division postmarked no later than March 4, 2003. Failure to request renewal of the permit by this date may result in a civil assessment of at least $500.00. Larger penalties may be assessed depending upon the delinquency of the request. If any wastewater discharge will occur after August 31, 2003 (or if continuation of the permit is desired), the current permit must be renewed. Discharge of wastewater without a valid permit would violate North Carolina General Statute 143-215.1 and could result in assessment of civil penalties of up to $25,000 per day. If all wastewater discharge has ceased at your facility and you wish to rescind this permit, contact Bob Sledge of the Division's Compliance Enforcement Unit at (919) 733-5083, extension 547. You may also contact the Mooresville Regional Office at (704) 663-1699 to begin the rescission process. Use the enclosed checklist to complete your renewal package. The checklist identifies the items you must submit with the permit renewal application. If you have and, questions, please contact Valery Stephens at (919) 733-5083, extension 520. Sincerely, Charles H. Weaver, Jr. NPDES Unit cc: Central Files Mo ro esville Regional Office, Water. Quality Section NPDES File - - 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 919 733-5083, extension 520 (fax) 919 733-0719 VISIT us ON THE INTERNET @ http://h2o.enr.state.nc.us/NPDES e-mail: valery.stephens@ncmail.net NPDES Permit NCO079740 Ellison WTP Cleveland County The following items are REQUIRED for all renewal packages: ❑ A cover letter requesting renewal of the permit and documenting any changes at the facility since issuance of the last permit. Submit one signed original and two copies. ❑ The completed application form (copy attached), signed by the permittee or an Authorized Representative. Submit one signed original and two copies. ❑ If an Authorized Representative (such as a consulting engineer or environmental consultant) prepares the renewal package, written documentation must be provided showing the authority delegated to any such Authorized Representative (see Part II.B.111 of the existing NPDES permit). ❑ A narrative description of the sludge management plan for the facility. Describe how sludge (or other solids) generated during wastewater treatment are handled and disposed. If your facility has no such plan (or the permitted facility does not generate any solids), explain this in writing. Submit one signed original and two copies. The following items must be submitted by any Municipal or Industrial facilities discharging process wastewater: Industrial facilities classified as Primary Industries (see Appendices A-D to Title 40 of the Code of Federal Regulations, Part 122) and ALL Municipal facilities with a permitted flow >_ 1.0 MGD must submit a Priority Pollutant Analysis (PPA) in accordance with 40 CFR Part 122.21. The above requirement does NOT apply to privately owned facilities treating 100% domestic wastewater, or facilities which discharge non process wastewater (cooling water, filter backwash, etc.) PLEASE NOTE: Due to a change in fees effective January 1, 1999, there is no renewal fee required with your application package. Send the completed renewal package to: Mrs. Valery Stephens NC DENR / Water Quality / Point Source Branch 1617 Mail Service Center Raleigh, NC 27699-1617