NC0020737_Regional Office Historical File Pre 2018

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North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
Mr. Dennis Wells
Water Resources Director
City of Kings Mountain
Post Office Box 429
Kings Mountain, North Carolina 28086
Dear Mr. Wells:
John E. Skvarla, III
May 21, 2014
Subject: Toxicity Test Results
City of Kings Mountain/Pilot Creek W WTP
NPDES Permit No. NCO020737
Cleveland County
Enclosed is a copy of the toxicity test results relative to the samples collected at the subject facility on April
8 and 10, 2014 by Mr. Wes Bell of this Office. Whole effluent samples were collected for use in a chronic
Ceriodaphnia dubia pass/fail toxicity test. The test utilizing these samples resulted in a test failure. Effluent
samples were split with ETT Environmental, Inc. The test conducted by ETT Environmental, Inc. resulted in a
pass. Because of the conflicting results, the facility is considered compliant and a retest may be scheduled later
pending review of the test data by the Aquatic Toxicology Unit.
The report should be self-explanatory; however, should you have any questions concerning this report, please
do not hesitate to contact Ms. Carol Hollenkamp at [phone] and/or Mr. Wes Bell at [phone], or at
[e-mail] and wes:bell@a,ncdenr.gov.
Sincerely, �7
' f)
1 r� _...Michael L. Parker, Regional Supervisor
4— Water Quality Regional Operations Section
Division of Water Resources, NCDENR
Enclosure:
Toxicity Test Results
cc: MSC-1617 Central Files -Basement
Susan Meadows, Aquatic Toxicity Unit
Cleveland County Health Department
W.
Mooresville Regional Office
Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115
Phone: [phone] l Fax: [phone] Customer Service:1-877-623-6748

Mr. Dennis Wells
Page Two
May 21, 2014
Whole effluent samples were collected on April 8, 2014 and April 10, 2014 by facility staff and Wes Bell
for use in a chronic Ceriodaphnia dubia pass/fail toxicity test. City of Kings Mountain -Pilot Creek WWTP has an
effluent discharge permitted at 6.0 MGD entering Buffalo Creek (7Q10 of 19.0 CFS). The test using these samples
resulted in a Fail. Toxicity test information follows:
Test Type
Test Concentration
Test Result
Control Survival
Control Mean Reproduction
Test Treatment Survival
Treatment Mean Reproduction
First. Sample pH
First Sample Conductivity
First Sample Total Residual Chlorine
Second Sample pH
Second Sample Conductivity
Second Sample Total Residual Chlorine
3-Brood Ceriodaphnia dubia pass/fail
33% sample
Fail
100%
31.8 neonates
66.7%
17.9 neonates
7.19 SU
1907 micromhos/cm
<0.10 mg/1
7.23 SU
1832 micromhos/cm
<0.10 mg/1
Test results for the above samples indicate that the effluent would be predicted to have water quality impacts on the
receiving water. These samples were split and sent to ETT Environmental, Inc. The chronic Ceriodaphnia dubia
pass/fail toxicity test run by ETT Environmental, Inc. resulted in a Pass for both survival and reproduction. Due to
the facility's history over the past three years of periodic non-compliance and variable test results, a retest of the
facility effluent may be scheduled at a later date.

Division of Water Resources
May 9, 20:14
To: Michael. Parker
Water Quality Regional Operations, MRO
Through: Cindy A. Moore-%
Supervisor, Aquatic Toxicology Branch
From: Carol HoIlenkamp dcer, Quality Assurance'Aquatic Toxicology Branch
Subject: Whole effluent toxicity test results
King's Mountain -Pilot Creek WWTP
NPDES Permit # NCO020757/001
Cleveland County
The aquatic toxicity test using flow proportional composite samples of effluent discharged from the King's
Mountain -Pilot Creek WWTP has. been completed. King,'s .Mountain -Pilot Creek WWTP has an. effluent
discharge permitted that is 6.0 million gallons per day (MGD) entering Buffalo Creek (7Q 10 of 19.0 CFS).
Whole effluent samples were collected on April 8 and April .I O'by Wes Bell and.facility representative Kathy
Moses for use in a chronic Ceriodapinia, dubia. pass -fail toxicity test. The test resulted in a fail in terms. of
both survival and reproduction. Toxicity test information follows.
Test Type
Test Concentrations
Test )Result
Control Survival
Control Mean Reproduction
Test Treatment Survival
Treatment Mean Reproduction
First Sample pH
First Sample Conductivity
First Sample Total Residual Chlorine
Second Sample pH
Second Sample Conductivity
Second Sample Total Residual Chlorine
37Brood CeriodaBhnia dubia chronic pass fail
33%
Fail
100%
31.8 neonates
66.7%
17.9 neonates
7.19 SU
1907 microinhos/cm
<0.10 mg/L
7.23 SU
1832 micromhos/cm
<0.1:0 mg/L
Test results for the above samples indicate that the effluent would be predicted to have water quality
impacts on receiving water. These samples were split and sent to ETT Environmental, Inc. The chronic
Ceriodaphnia duvicr pass/fail toxicity test run_by_ETT Environmental,, Inc. resulted in a Pass. for both survival
and reproduction. ATB will.review the disagreeing split results. Due to the facility's'history over the,past 3
years of periodic, non-compliance and variable -test results, ATB recommends that. the MRO perform another
split test with the facility at their earliest opportunity and as staff time allows. Please contact us if you have
any questions or if.further effluent toxicity monitoring is desired. We may be reached at (9`19) 743-8401.
Basin: BRD05
cc: Central. Files
Wes Bell (MRO)
,4uatic ToxicoloV Branch JVater Sciences Sectiofz

4
Bell, Wes
From: Hollenkamp, Carol
Sent: Friday, May 09, 2014 3:54 PM
To: Parker, Michael
Cc: Bell, Wes; Ventaloro, Christopher; Moore, Cindy
Subject: Toxicity Test Reports
Attachments: Gaston ia_LongCreek_0314.pdf; King's Mountain —Pilot Creek WWTP_0414.pdf
Attached are the toxicity test reports for Gastonia Long Creek WWTP and King's Mountain Pilot Creek WWTP. If you
have any questions, please let me know.
Thanks,
Carol Hollenkamp
Aquatic Toxicology Branch/Water Sciences Section
North Carolina Division of Water Resources/DENR
1621 Mail Service Center, Raleigh, NC 27699-1621
Phone: [phone]
Fax: [phone]
Website: http://Portal.ncdenr.orp/web/wq/ess/atu
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be
disclosed to third parties.

Aja
NCDEN
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue
Charles Wakild, P. E.
Dee Freeman
Governor
Director .
Secretary
RECEIVED
DIVISION OF WATER OVALI i F'
June 29, 2012
JUL 13 2UIZ
CERTIFIED MAIL: 7007
1490 0004 5533 6332
RETURN RECEIPT REQUESTED
SWP SECTION
MOORESVILLE- ,REGIONAL OFFICE
Mr. Dennis Wells
Director
City of Kings Mountain
P.O. Box 429
Kings Mountain, NC 28086-0429
SUBJECT:
NOTICE OF VIOLATION: NOV-2012-TX-0048
Whole Effluent Toxicity (WET) Testing
NPDES'PermitNo. NCO020737
Pilot Creek WWTP
Cleveland County
Dear Mr. Wells:
This is to inform you that a review of your toxicity self -monitoring report form for the month of April 2012 indicates a violation of
the toxicity limitation specified in your NPDES Permit.
You should take whatever remedial actions are necessary to eliminate the conditions causing the effluent toxicity violation(s). Your
efforts may include conducting a Toxicity Reduction Evaluation (TRE), a site -specific study designed to identify the causative agents
of effluent toxicity, isolate the sources of toxicity, evaluate the effectiveness of toxicity control options, and confirm reductions in
effluent toxicity. Please be aware that North Carolina General Statutes provide for assessment of civil penalties for violations of
NPDES permit limitations and requirements.
The reverse side of this Notice contains important information concerning your Whole Effluent Toxicity Monitoring and Reporting
Requirements. Please note appropriate mailing addresses for submitting your Discharge Monitoring Reports (DMRs) and Aquatic
Toxicity (AT) Test Forms. We encourage you to review this information; if it would be helpful to discuss this situation or possible
solutions to resolve effluent toxicity noncompliance, please contact Mr. John Giorgino with this office at (919) 743- 8441.
S' c ,rely,
Cindy Moo e
Supervisor, Aquatic Toxicology Unit
cc: Rob Krebs- Mooresville Regional Office
John:Lesley--Mooresv41—ER, gional-Office. ,
Aquatic Toxicology Unit
Central Files
Environmental Sciences Section
1621 Mail Service Center, Raleigh, North Carolina 27699-1621
Location: 4401 Reedy Creek Road, Raleigh, North Carolina 27607
Phone: [phone] FAX: [phone] Customer Service:1-877-623-6748
Internet: http://h2o.enr.state.nc.us/esb/
Nne
orthCarolina
Natitra!!ff
An Equal Opportunity 1 Affirmative Action Employer

WHOLE EFFLUENT TOXICITY MONITORING AND REPORTING INFORMATION
➢ The following items are provided in an effort to assist you with identifying critical and sometimes overlooked toxicity testing and reporting
information. Please take time to review this information. The items below do not address or include all the toxicity testing and reporting
requirements contained in your NPDES permit. If you should have any questions about your toxicity testing requirement, please contact Mr.
John Giorgino with the Aquatic Toxicology Unit at [phone] or another Unit representative at the same number.
➢ The permittee is responsible for ensuring that toxicity testing is conducted according to the permit requirement and that toxicity report forms are
appropriately filed.
The reporting of whole effluent toxicity testing data is a dual ree uirement. All toxicity test results must be entered (with the appropriate
parameter code) on your monthly Discharge Monitoring Report which is submitted to:
North Carolina Division of Water Quality
Central Files
1617 Mail Service Center
Raleigh, NC 27699-1617
IN ADDITION
Toxicity test data (original "AT" form) must be submitted to the following address:
North Carolina Division of Water Quality
Environmental Sciences Section
1621 Mail Service Center
Raleigh, North Carolina 27699-1621
➢ Toxicity test results shall be filed with the Environmental Sciences Section no later than 30 days after the end of the reporting period
(eg, January test result is due by the end of February).
➢ Toxicity test condition language contained in your NPDES permit may require use of multiple concentration toxicity testing upon failure of any
single quarterly toxicity test. If the initial pass/fail test fails or if the chronic value is lower than the permit limit, then at least two multiple
concentration toxicity tests (one per month) will be conducted over the following two months. As many analyses as can be completed will be
accepted. If your NPDES permit does not require use of multiple concentration toxicity testing upon failure of any single quarterly test, you
may choose to conduct either single concentration toxicity testing or multiple concentration toxicity testing per the Division's WET enforcement
initiatives effective July 1, 1999. Follow-up multiple concentration toxicity testing will influence the Division's enforcement response.
➢ Toxicity testing months are specified by the NPDES Permit, except for NPDES Permits which contain episodic toxicity monitoring
requirements (eg, if the testing months specified in your NPDES permit are March, June, September, and December, then toxicity testing must
be conducted during these months).
➢ If your NPDES Permit specifies episodic monitoring and your facility does not have a discharge from January 1-June 30, then you must provide
written notification to the Environmental Sciences Section by June 30 that a discharge did not occur during the first six months of the calendar
year.
➢ If you receive notification from your contract laboratory that a test was invalidated, you should immediately notify the Environmental Sciences
Section at [phone] and provide written documentation indicating why the test was invalidated and the date when follow-up testing will
occur.
➢ If your facility is required to conduct toxicity testing during a month in which no discharge occurs, you should complete the information block
located at the top of the AT form indicating the facility name, permit number, pipe number, county and the month/year of the subject report.
You should also write "No Flow" on the AT form, sign the form and submit following normal procedures.
➢ The Aquatic Toxicity Test forms shall be signed by the facility's Operator in Responsible Charge (ORC) except for facilities which have not
received a facility classification. In these cases, a duly authorized facility representative must sign the AT form. The AT form must also be
signed by the performing lab supervisor.
➢ To determine if your AT test forms were received on time by the Division of Water Quality, you may consider submittingyourtoxicity test
results certified mail, return receipt requested to the Environmental Sciences Section.
Environmental Sciences Section
1621 Mail Service Center, Raleigh, North Carolina 27699-1621 One
Location: 4401 Reedy Creek Road, Raleigh, North Carolina 27607 NorthCarolina
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748
Internet: hftp:llh2o.enr.state.nc.us/esb/ Naturally
An Equal Opportunity 1 Affirmative Action Employer

NCDENR.
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild, P. E.
Governor Director
April 3, 2013
CERTIFIED MAIL: 7007 1.490 0004 5533 7445
RETURN RECEIPT REQUESTED
Mr. Dennis Wells
Director
City of Kings Mountain
P.O. Box 429
Kings Mountain, NC 28086-0429
SUBJECT: NOTICE OF VIOLATION: NOV-2013-TX-0022
Whole Effluent Toxicity (WET) Testing
NPDES Permit No. NCO020737
Pilot Creek WWTP
Cleveland County
Dear Mr. Wells:
John E. Skvarla III
Secretary
D1V!S.10 N 0 t L2UALIT'r
APR 0 8 2013
1A100RESVU.i_L'. OFFICE
This is to inform you that a review of your toxicity self -monitoring report form for the month of January 2013 indicates a violation of
the toxicity limitation specified in your NPDES Permit.
You should take whatever remedial actions are necessary to eliminate the conditions causing the effluent toxicity violation(s). Your
efforts may include conducting a Toxicity Reduction Evaluation (TRE), a site -specific study designed to identify the causative agents
of effluent toxicity, isolate the sources of toxicity, evaluate the effectiveness of toxicity control options, and confirm reductions in
effluent toxicity. Please be aware that North Carolina General Statutes provide for assessment of civil penalties for violations of
NPDES permit limitations and requirements.
The reverse side of this Notice contains important information concerning your Whole Effluent Toxicity Monitoring and Reporting
Requirements. Please note appropriate mailing addresses for submitting your Discharge Monitoring Reports (DMRs) and Aquatic
Toxicity (AT) Test Forms. We encourage you to review this information; if it would be helpful to discuss this situation or possible
solutions to resolve effluent toxicity noncompliance, please contact Mr. John Giorgino with this office at (919) 743- 8441. .
Nyore
Supervisor, Aquatic Toxicology Unit
cc: Mike Parker--Mooresville,Regzonal-Office-
Wes Bell- Mooresville Regional Office
Aquatic Toxicology Unit
Central Files
Environmental Sciences Section
1621 Mail Service Center, Raleigh, North Carolina 27699-1621
Location: 4401 Reedy Creek Road, Raleigh, North Carolina 27607
Phone: [phone] FAX: [phone] Customer Service:1-877-623-6748
Intemet: http://h2o.enr.state,no.uslesb/
One.
N �th.Carohna
lturall'y
An Equal Opportunity 1 Affirmative Action Employer

WHOLE EFFLUENT TOXICITY MONITORING AND REPORTING INFORMATION
The following items are provided in an effort to assist you with identifying critical and sometimes overlooked toxicity testing and reporting
information. Please take time to review this information. The items below do not address or include all the toxicity testing and reporting
requirements contained in your NPDES permit. If you should have any questions about your toxicity testing requirement, please contact Mr.
John Giorgino with the Aquatic Toxicology Unit at [phone] or another Unit representative at the same number.
➢ The permittee is responsible for ensuring that toxicity testing is conducted according to the permit requirement and that toxicity report forms are
appropriately filed.
The reporting of whole effluent toxicity testing data is a dual requirement. All toxicity test results must be entered (with the appropriate
parameter code) on your monthly Discharge Monitoring Report which is submitted to:
North Carolina Division of Water Quality
Central Files
1617 Mail Service Center
Raleigh, NC 27699-1617
IN ADDITION
Toxicity test data (original "AT" form) must be submitted to the following address:
North Carolina Division of Water Quality
Environmental Sciences Section
1621 Mail Service Center
Raleigh, North Carolina 27699-1621
➢ Toxicity test results shall be filed with the Environmental Sciences Section no later than 30 days after the end of the reporting period
(eg, January test result is due by the end of February).
➢ Toxicity test condition language contained in your NPDES permit may require use of multiple concentration toxicity testing upon failure of any
single quarterly toxicity test. If the initial pass/fail test fails or if the chronic value is lower than the permit limit, then at least two multiple
concentration toxicity tests (one per month) will be conducted over the following two months. As many analyses as can be completed will be
accepted. If your NPDES permit does not require use of multiple concentration toxicity testing upon failure of any single quarterly test, you
may choose to conduct either single concentration toxicity testing or multiple concentration toxicity testing per the Division's WET enforcement
initiatives effective July 1, 1999. Follow-up multiple concentration toxicity testing will influence the Division's enforcement response.
➢ Toxicity testing months are specified by the NPDES Permit, except for NPDES Permits which contain episodic toxicity monitoring
requirements (eg, if the testing months specified in your NPDES permit are March, June, September, and December, then toxicity testing must
be conducted during these months).
➢ If your NPDES Permit specifies episodic monitoring and your facility does not have a discharge from January 1-June 30, then you must provide
written notification to the Environmental Sciences Section by June 30 that a discharge did not occur during the first six months of the calendar
year.
➢ If you receive notification from your contract laboratory that a test was invalidated, you should immediately notify the Environmental Sciences
Section at [phone] and provide written documentation indicating why the test was invalidated and the date when follow-up testing will
occur.
➢ If your facility is required to conduct toxicity testing during a month in which no discharge occurs, you should complete the information block
located at the top of the AT form indicating the facility name, permit number, pipe number, county and the month/year of the subject report.
You should also write "No Flow" on the AT form, sign the form and submit following normal procedures.
➢ The Aquatic Toxicity Test forms shall be signed by the facility's Operator in Responsible Charge (ORC) except for facilities which have not
received a facility classification. In these cases, a duly authorized facility representative must sign the AT form. The AT form must also be
signed by the performing lab supervisor.
➢ To determine if your AT test forms were received on time by the Division of Water Quality, you may consider submitting Your toxicity test
results certified mail, return receipt requested to the Environmental Sciences Section.
Environmental Sciences Section
1621 Mail Service Center, Raleigh, North Carolina 27699-1621 One
Location: 4401 Reedy Creek Road, Raleigh, North Carolina 27607 N Naturally
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748
Internet: http://h2o.enr.state.nc.us/esb!
An Equal Opportunity 1 Affirmative Action Employer

AEBB ®®®®
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild, P. E.
Governor Director
January 7, 2013
CERTIFIED MAIL: 7007 1490 0004 5533 7216
RETURN RECEIPT REQUESTED
Mr. Dennis Wells
Director
City of Kings Mountain
P.O. Box 429
Kings Mountain, NC 28086-0429
SUBJECT: NOTICE OF VIOLATION: NOV-2013-TX-0002
Whole Effluent Toxicity (WET) Testing
NPDES Permit No. NCO020737
Pilot Creek WWTP
Cleveland County
Dear Mr. Wells:
John Skvarla
Secretary
DIVlS10,, REcED
IVER
QUALI i Y
JAIL 09 2013
iV1OORESVdLL[ ,RECtCtML 0,FICe
This is to inform you that a review of your toxicity self -monitoring report form for the month of October 2012 indicates a violation of
the toxicity limitation specified in your NPDES Permit.
You should take whatever remedial actions are necessary to eliminate the conditions causing the effluent toxicity violation(s). Your
efforts may include conducting a Toxicity Reduction Evaluation (TRE), a site -specific study designed to identify the causative agents
of effluent toxicity, isolate the sources of toxicity, evaluate the effectiveness of toxicity control options, and confirm reductions in
effluent toxicity. Please be aware that North Carolina General Statutes provide for assessment of civil penalties for violations of
NPDES permit limitations and requirements.
The reverse side of this Notice contains important information concerning your Whole Effluent Toxicity Monitoring and Reporting
Requirements. Please note appropriate mailing addresses for submitting your Discharge Monitoring Reports (DMRs) and Aquatic
Toxicity (AT) Test Forms. We encourage you to review this information; if it would be helpful to discuss this situation or possible
solutions to resolve effluent toxicity noncompliance, please contact Mr. John Giorgino with this office at (919) 743- 8441.
S' cerely,,;
Cindy Moore
Supervisor, Aquatic Toxicology Unit
cc: M7keiParker_ ores^vilIlelRrg10 alt ffrce
Wes Bell- Mooresville Regional Office
Aquatic Toxicology Unit
Central Files
Environmental Sciences Section
1621 Mail Service Center, Raleigh, North Carolina 27699-1621
Location: 4401 Reedy Creek Road, Raleigh, North Carolina 27607
Phone: [phone] FAX: [phone] t Customer Service:1-877-623-6748
Internet http://h2o.enr.state,nc.us1esb/
Oiie
NortlCarolina
An Equal Opportunity 1 Affirmative Action Employer

WHOLE EFFLUENT TOXICITY MONITORING AND REPORTING INFORMATION
➢ The following items are provided in an effort to assist you with identifying critical and sometimes overlooked toxicity testing and reporting
information. Please take time to review this information. The items below do not address or include all the toxicity testing and reporting
requirements contained in your NPDES permit. If you should have any questions about your toxicity testing requirement, please contact Mr.
John Giorgino with the Aquatic Toxicology Unit at [phone] or another Unit representative at the same number.
➢ The permittee is responsible for ensuring that toxicity testing is conducted according to the permit requirement and that toxicity report forms are
appropriately filed.
The reporting of whole effluent toxicity testing data is a dual requirement. All toxicity test results must be entered (with the appropriate
parameter code) on your monthly Discharge Monitoring Report which is submitted to:
North Carolina Division of Water Quality
Central Files
1617 Mail Service Center
Raleigh, NC 27699-1617
IN ADDITION
Toxicity test data (original "AT" form) must be submitted to the following address:
North Carolina Division of Water Quality
Environmental Sciences Section
1621 Mail Service Center
Raleigh, North Carolina 27699-1621
➢ Toxicity test results shall be filed with the Environmental Sciences Section no later than 30 days after the end of the reporting period
(eg, January test result is due by the end of February).
➢ Toxicity test condition language contained in your NPDES permit may require use of multiple concentration toxicity testing upon failure of any
single quarterly toxicity test. If the initial pass/fail test fails or if the chronic value is lower than the permit limit, then at least two multiple
concentration toxicity tests (one per month) will be conducted over the following two months. As many analyses as can be completed will be
accepted. If your NPDES permit does not require use of multiple concentration toxicity testing upon failure of any single quarterly test, you
may choose to conduct either single concentration toxicity testing or multiple concentration toxicity testing per the Division's WET enforcement
initiatives effective July 1, 1999. Follow-up multiple concentration toxicity testing will influence the Division's enforcement response.
➢ Toxicity testing months are specified by the NPDES Permit, except for NPDES Permits which contain episodic toxicity monitoring
requirements (eg, if the testing months specified in your NPDES permit are March, June, September, and December, then toxicity testing must
be conducted during these months).
➢ If your NPDES Permit specifies episodic monitoring and your facility does not have a discharge from January 1-June 30, then you must provide
written notification to the Environmental Sciences Section by June 30 that a discharge did not occur during the first six months of the calendar
year.
➢ If you receive notification from your contract laboratory that a test was invalidated, you should immediately notify the Environmental Sciences
Section at [phone] and provide written documentation indicating why the test was invalidated and the date when follow-up testing will
occur.
➢ If your facility is required to conduct toxicity testing during a month in which no discharge occurs, you should complete the information block
located at the top of the AT form indicating the facility name, permit number, pipe number, county and the month/year of the subject report.
You should also write "No Flow" on the AT form, sign the form and submit following normal procedures.
➢ The Aquatic Toxicity Test forms shall be signed by the facility's Operator in Responsible Charge (ORC) except for facilities which have not
received a facility classification. In these cases, a duly authorized facility representative must sign the AT form. The AT form must also be
signed by the performing lab supervisor.
➢ To determine if your AT test forms were received on time by the Division of Water Quality, you may consider submitting your toxicity test
results certified mail, return receipt requested to the Environmental Sciences Section.
Environmental Sciences Section
1621 Mail Service Center, Raleigh, North Carolina 27699-1621 One
Location: 4401 Reedy Creek Road, Raleigh, North Carolina 27607
Phone: [phone] FAX: [phone] Customer Service:1-877-623-6748 I�TorthCarolna
Internet: hftp:l/h2o,enr.state.nc.us/esbl N%t a`
lff
An Equal Opportunity 1 Affirmative Action Employer

NCDENR
North Carolina Department of .Environment and
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
July 23, 2009
CERTIFIED MAIL: 7007 1490 0004 5537 9933
RETURN RECEIPT REQUESTED
Mr. Dennis Wells
Director
City of Kings Mountain
P.O. Box 429
Kings Mountain, North Carolina 28086-0429
Subject: NOTICE OF VIOLATION
Effluent Toxicity Testing
NPDES Permit No. NCO020737
Kings Mtn. — Pilot Creek WWTP
Cleveland County
Dear Mr. Wells:
Natural Resources
Dee Freeman
Secretary
This is to inform you that a review of your toxicity self -monitoring report form for the month of May
2009 indicates a violation of the toxicity limitation specified in your NPDES Permit.
You should take whatever remedial actions are necessary to eliminate the conditions causing the effluent
toxicity violation(s). Your efforts may include conducting a Toxicity Reduction Evaluation (TRE), a site -
specific study designed to identify the causative agents of effluent toxicity, isolate the sources of toxicity,
evaluate the effectiveness of toxicity control options, and confirm reductions in effluent toxicity. Please be
aware that North Carolina General Statutes provide for assessment of civil penalties for violations of NPDES
permit limitations and requirements.
As stated in a previous letter, we are recommendinIz that Copper and Zinc limits be added to the
facility's permit.
The reverse side of this Notice contains important information concerning your Whole Effluent Toxicity
Monitoring and Reporting Requirements. Please note appropriate mailing addresses for submitting your
Discharge Monitoring Reports (DMRs) and Aquatic Toxicity (AT) Test Forms. We encourage you to review
Environmental Sciences Section
1621 Mail Service Center, Raleigh, North Carolina 27699-1621 orle
Location: 4401 Reedy Creek Road, Raleigh, North Carolina 27607 NorthCarol..ina
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748 t /
Internet: http://h2o.enr.state.nc.us/esb/ atitta�Cif
An Equal Opportunity, Affirmative Action Employer

A
this information; if it would be helpful to discuss this situation or possible solutions to resolve effluent toxicity
noncompliance, please contact Mr. John Giorgino with this office at [phone].
cerely,
Cindy A. Moore
Supervisor, Aquatic Toxicology Unit
cc: ] ob-Krebs%Mo`_oresaville Regional -Office--
John Lesley/ Mooresville Regional Office v
Jackie Nowell- Point Source Branch
Karen Rust- Point Source Branch
Vanessa Manuel- Point Source Branch
Marshall Hyatt- Water Management Division, USEPA Region IV
Aquatic Toxicology Unit
Central Files
Environmental Sciences Section
1621 Mail Service Center, Raleigh, North Carolina 27699-1621
Location: 4401 Reedy Creek Road, Raleigh, Noah Carolina 27607
Phone: [phone] l FAX: [phone] Customer Service: 1-877-623-6748
Internet: http://h2o.enr.state.nc.us/esb/
Onc
NorthCarohna
Naturally
An Equal Opportunity 1 Affirmative Action Employer

r
WHOLE EFFLUENT TOXICITY MONITORING AND REPORTING INFORMATION
➢ The following items are provided in an effort to assist you with identifying critical and sometimes overlooked toxicity testing and reporting
information. Please take time to review this information. The items below do not address or include all the toxicity testing and reporting
requirements contained in your NPDES permit. If you should have any questions about your toxicity testing requirement, please contact Mr.
John Giorgino with the Aquatic Toxicology Unit at [phone] or another Unit representative at the same number.
➢ The permittee is responsible for ensuring that toxicity testing is conducted according to the permit requirement and that toxicity report forms are
appropriately filed.
➢ The reporting of whole effluent toxicity testing data is a dual requirement. All toxicity test results must be entered (with the appropriate
parameter code) on your monthly Discharge Monitoring Report which is submitted to:
North Carolina Division of Water Quality
Central Files
1617 Mail Service Center
Raleigh, NC 27699-1617
IN ADDITION
Toxicity test data (original "AT" form) must be submitted to the following address:
North Carolina Division of Water Quality
Environmental Sciences Section
1621 Mail Service Center
Raleigh, North Carolina 27699-1621
➢ Toxicity test results shall be filed with the Environmental Sciences Section no later than 30 days after the end of the reporting period
(eg, January test result is due by the end of February).
➢ Toxicity test condition language contained in your NPDES permit may require use of multiple concentration toxicity testing upon failure of any
single quarterly toxicity test. If the initial pass/fail test fails or if the chronic value is lower than the permit limit, then at least two multiple
concentration toxicity tests (one per month) will be conducted over the following two months. As many analyses as can be completed will be
accepted. If your NPDES permit does not require use of multiple concentration toxicity testing upon failure of any single quarterly test, you
may choose to conduct either single concentration toxicity testing or multiple concentration toxicity testing per the Division's WET enforcement
initiatives effective July 1, 1999. Follow-up multiple concentration toxicity testing will influence the Division's enforcement response.
➢ Toxicity testing months are specified by the NPDES Permit, except for NPDES Permits which contain episodic toxicity monitoring
requirements (eg, if the testing months specified in your NPDES permit are March, June, September, and December, then toxicity testing must
be conducted during these months).
➢ If your NPDES Permit specifies episodic monitoring and your facility does not have a discharge from January I -June 30, then you must provide
written notification to the Environmental Sciences Section by June 30 that a discharge did not occur during the first six months of the calendar
year.
➢ If you receive notification from your contract laboratory that a test was invalidated, you should immediately notify the Environmental Sciences
Section at [phone] and provide written documentation indicating why the test was invalidated and the date when follow-up testing will
occur.
➢ If your facility is required to conduct toxicity testing during a month in which no discharge occurs, you should complete the information block
located at the top of the AT form indicating the facility name, permit number, pipe number, county and the month/year of the subject report.
You should also write "No Flow" on the AT form, sign the form and submit following normal procedures.
➢ The Aquatic Toxicity Test forms shall be signed by the facility's Operator in Responsible Charge (ORC) except for facilities which have not
received a facility classification. In these cases, a duly authorized facility representative must sign the AT form. The AT form must also be
signed by the performing lab supervisor.
➢ To determine if your AT test forms were received on time by the Division of Water Quality,,, you consider submitting your toxicity test
results certified mail return receipt requested to the Environmental Sciences Section.
Environmental Sciences Section
1621 Mail Service Center, Raleigh, North Carolina 27699-1621
Location: 4401 Reedy Creek Road, Raleigh, North Carolina 27607
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748
Internet: hftp://h2o.enr.state,nc.us/esb/
One
NorthCarolina
Natilrally
An Equal Opportunity 1 Affirmative Action Employer

N
Environmental Sciences Section
1621 Mail Service Center, Raleigh, North Carolina 27699-1621
Location: 4401 Reedy Creek Road, Raleigh, North Carolina 27607
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748
One
NoAhCarolina
Internet: hftp://h2D.enr.state.nc.us/esb/
An Equal Opportunity 1 Affirmative Action Employer

CDE6
North Carolina Department of Environment and Natural Resources
Division of�Water Quality -
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
CERTIFIED MAIL: 7007 1490 0004 5537 9827
RETURN RECEIPT REQUESTED
Mr. Dennis Wells
Director
City of Kings Mountain
P.O. Box 429
Kings Mountain, North Carolina 28086-0429
Subject: NOTICE OF VIOLATION
Effluent Toxicity Testing
NPDES Permit No. NCO020737
Kings Mtn. — Pilot Creel, WWTP
Cleveland County
Dear Mr. Wells:
p Y
June 16, 2009
Ll!'JUN -17 2909
This is to inform you that a review of your toxicity self -monitoring report form for the month of April
2009 indicates a violation of the toxicity limitation specified in your NPDES Permit.
You should take whatever remedial actions are necessary to eliminate the conditions causing the effluent
toxicity violation(s). Your efforts may include conducting a Toxicity Reduction Evaluation (TRE), a site -
specific study designed to identify the causative agents of effluent toxicity, isolate the sources of toxicity,
evaluate the effectiveness of toxicity control options, and confirm reductions in effluent toxicity. Please be
aware that North Carolina General Statutes provide for assessment of civil penalties for violations of NPDES
permit limitations and requirements.
On April 28, 2009 a second notice of violation letter (February non-compliance) concerning.
implementation of the Division's Copper and Zinc Action Level policy was sent to you via certified mail. It
was received by your facility on May 1, 2009. The first letter was sent March 26, 2009 (January non-
compliance).
Environmental Sciences Section
1621 Mail Service Center, Raleigh, North Carolina 27699-1621
Location: 4401 Reedy Creek Road, Raleigh, North Carolina 27607
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748
Internet: hftp:11h2o.enr.state.6c.us/esb/
Naturallif
Nne
orthCarolina
An Equal Opportunity 1 Affirmative Action Employer

"9M
The second letter contained a written notification deadline of May 28, 2009. We have not received a
response concerning what option the facility wished to pursue in regard to Copper and Zinc limitations.
As stated on page -two of the letter, failure to notify the Division automatically results in reopening the
permit. This office is now recommending that Copper and Zinc limits be added to the facility's permit.
The reverse side of this Notice contains important information concerning your Whole Effluent Toxicity
Monitoring and Reporting Requirements. Please note appropriate mailing addresses for submitting your
Discharge Monitoring Reports (DMRs) and Aquatic Toxicity (AT) Test Forms. We encourage you to review
this information; if it would' be helpful to discuss this situation or possible solutions to resolve effluent toxicity
noncompliance, please contact Mr. John Giorgino with this office at [phone].
.. .i
Sincerely,
1 ll�
Cindy A. Moore
Supervisor, Aquatic Toxicology Unit
cc: Rob Krebs/' Mo`oresville Regional Office_
John Lesley/ -Mooresville Regional Office
Jackie Nowell- point Source Branch
Karen Rust- Point Source Branch
Vanessa Manuel- Point Source Branch
Marshall Hyatt- Water Management Division, USEPA Region IV
Aquatic Toxicology Unit
Central Files
Environmental Sciences Section
1621 Mail Service Center, Raleigh, North Carolina 27699-1621
Location: 4401 Reedy Creek Road, Raleigh, North Carolina 27607
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748
Internet: http://h2o.enr.state.nc.us/esb/
Naturallif
Nne
ofthCarolina
An Equal Opportunity 1 Affirmative Action Employer

WHOLE EFFLUENT TOXICITY MONITORING AND REPORTING INFORMATION
➢ The following items are provided in an effort to assist you with identifying critical and sometimes overlooked toxicity testing and reporting
information. Please take time to review this information. The items below do not address or include all the toxicity testing and reporting
requirements contained in your NPDES permit. If you should have any questions about your toxicity testing requirement, please contact Mr.
John Giorgino with the Aquatic Toxicology Unit at [phone] or another Unit representative at the same number.
➢ The permittee is responsible for ensuring that toxicity testing is conducted according to the permit requirement and that toxicity report forms are
appropriately filed.
➢ The reporting of whole effluent toxicity testing data is a dual requirement. All toxicity test results must be entered (with the appropriate
parameter code) on your monthly Discharge Monitoring Report which is submitted to:
North Carolina Division of Water Quality
Central Files
1617 Mail Service Center
Raleigh, NC 27699-1617
IN ADDITION
Toxicity test data (original "AT" form) must be submitted to the following address:
North Carolina Division of Water Quality
Environmental Sciences Section
1621 Mail Service Center
Raleigh, North Carolina 27699-1621
➢ Toxicity test results shall be filed with the Environmental Sciences Section no later than 30 days after the end of the reporting period
(eg, January test result is due by the end of February).
➢ Toxicity test condition language contained in your NPDES permit may require use of multiple concentration toxicity testing upon failure of any
single quarterly toxicity test. If the initial pass/fail test fails or if the chronic value is lower than the permit limit, then at least two multiple
concentration toxicity tests (one per month) will be conducted over the following two months. As many analyses as can be completed will be
accepted. If your NPDES permit does not require use of multiple concentration toxicity testing upon failure of any single quarterly test, you
may choose to conduct either single concentration toxicity testing or multiple concentration toxicity testing per the Division's WET enforcement
initiatives effective July 1, 1999. Follow-up multiple concentration toxicity testing will influence the Division's enforcement response.
➢ Toxicity testing months are specified by the NPDES Permit, except for NPDES Permits which contain episodic toxicity monitoring
requirements (eg, if the testing months specified in your NPDES permit are March, June, September, and December, then toxicity testing must
be conducted during these months).
➢ If your NPDES Permit specifies episodic monitoring and your facility does not have a discharge from January 1-June 30, then you must provide
written notification to the Environmental Sciences Section by June 30 that a discharge did not occur during the first six months of the calendar
year.
➢ If you receive notification from your contract laboratory that a test was invalidated, you should immediately notify the Environmental Sciences
Section at [phone] and provide written documentation indicating why the test was invalidated and the date when follow-up testing will
occur.
➢ If your facility is required to conduct toxicity testing during a month in which no discharge occurs, you should complete the information block
located at the top of the AT form indicating the facility name, permit number, pipe number, county and the month/year of the subject report.
You should also write "No Flow" on the AT form, sign the form and submit following normal procedures.
➢ The Aquatic Toxicity Test forms shall be signed by the facility's Operator in Responsible Charge (ORC) except for facilities which have not
received a facility classification. In these cases, a duly authorized facility representative must sign the AT form. The AT form must also be
signed by the performing lab supervisor.
➢ To determine if your AT test forms were received on time by the Division of Water Quality, you consider submitting your toxicity test
results certified mail, return receipt requested to the Environmental Sciences Section.
Environmental Sciences Section
1621 Mail Service Center, Raleigh, North Carolina 27699-1621
Location: 4401 Reedy Creek Road, Raleigh, North Carolina 27607
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748
Internet: hftp://h2o.enr.state.nc.us/esb/
NorthCarohna
An Equal Opportunity 1 Affirmative Action Employer

Environmental Sciences Section
1621 Mail Service Center, Raleigh, North Carolina 27699-1621
Location: 4401 Reedy Creek Road, Raleigh, North Carolina 27607
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748
Internet: http://h2o.enr.state.nc.us/esb/
Awltrallif
rie
NorthCarohna
An Equal Opportunity', Affirmative Action Employer

Beverly Eaves Perdue
Governor
o
HCDEHR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Director
March 26, 2009
CERTIFIED MAIL: 7007 1490 0004 5537 9612
RETURN RECEIPT REQUESTED
Mr. Dennis Wells
Director
City of Kings Mountain
P.O. Box 429
Kings Mountain, North Carolina 28086-0429
SUBJECT: NOTICE OF VIOLATION
Whole Effluent Toxicity (WET) Testing
Copper and Zinc Action Level Policy
NPDES Permit No. NCO020737
Pilot Creek WWTP
Cleveland County
Dear Mr. Wells:
Dee Freeman
Secretary
MAR 2 6 2009
L;la.i�?'sue.
D�q&Surface meter Rdiactian
This is to inform you that a review of your toxicity self -monitoring report form for the month of January 2009
indicates a violation of the toxicity limitation specified in your NPDES Permit. You should undertake necessary actions to
eliminate or reduce effluent toxicity to acceptable levels.
In addition, this correspondence contains important information on the Division's Copper and Zinc Action Level
Policy which is triggered by two or more toxicity limit violations that occur during the toxicity testing calendar quarter
specified by the toxicity testing special condition of your NPDES Permit. Attachments addressing policy implementation
and a copy of the Division's Toxicity Reduction Guidance have been included with this Notice of Violation.
You should initiate follow-up toxicity testing upon a single WET test failure which occurs during the toxicity
testing calendar quarter.
Your facility is currently monitoring for copper and/or zinc and the data indicate that the levels of copper/zinc in
your effluent have the potential to cause an exceedance of the NC water quality action level for this (these) parameter(s) in
your receiving stream during low stream flow conditions. The policy states that whenever a facility experiences two or
more toxicity limit violations during a toxicity testing calendar quarter, the NPDES Permit will be modified to include
numeric limits for copper and/or zinc UNLESS the permittee provides one or more of the following:
Environmental Sciences Section
1621 Mail Service Center, Raleigh, North Carolina 27699-1621
Location: 4401 Reedy Creek Road, Raleigh, North Carolina 27607
Phone: [phone] FAX: [phone] Customer Service:1-877-623-6748
Internet: hftp://h2o.enr.state.nc.us/esb/
NortliCarolina
AmuralCff
An Equal Opportunity 1 Affirmative Action Employer

1. Instream measurements of dissolved metal during low flow conditions that demonstrate compliance with
the Action Level standard
2. A revision of the prospective permit limit using improved inputs that in concert with existing or
additional monitoring data demonstrates compliance with the Action Level standard
3. Toxicity Identification Evaluation (TIE) results that definitively rule out copper and/or zinc as causes of
effluent toxicity
4. Demonstration by an alternative method approved by the Division and EPA that copper and/or zinc is not
the cause of toxicity
The Division has evaluated your copper and/or zinc monitoring data. The Division has also developed a
prospective NPDES permit limit based on your facility's instream waste concentration, the copper and/or zinc action level
criterion and a translator procedure. Based on this data your prospective copper permit limit is 58.0 µg/L
The permittee, upon experiencing two or more toxicity limit violations during a toxicity testing calendar
quarter must either provide DWQ with:
a) Written notification indicating acceptance of the prospective copper and/or zinc permit
limit. Notification is due within 30 days after the date of the second WET Notice of
Violation.
OR
b) Written notification indicating your choice of option(s) as noted on page one of this
correspondence. Notification is due within 30 days after the date of the second WET Notice of
Violation. DWQ approval of options 1-3 (previous page) is not necessary as the Division expects
work to rule out copper and/or zinc as causative effluent toxicants to begin immediately upon the
second WET permit limit violation.
Written notification (a or b above) shall be sent to:
NC Division of Water Quality
Environmental Sciences Section
Aquatic Toxicology Unit
1621 Mail Service Center
Raleigh, NC 27699-1621
Please note that if you choose item b) above, you will be given nine months to submit documentation that
eliminates copper and/or zinc as causative effluent toxicants. Your final report should be comprehensive and include all
data used to support your conclusion(s). Should the data indicate copper and/or zinc as the source of effluent toxicity or if
Environmental Sciences Section
1621 Mail Service Center, Raleigh, North Carolina 27699-1621
Location: 4401 Reedy Creek Road, Raleigh, North Carolina 27607
Phone: [phone] FAX: [phone] Customer Service:1-877-623-6748
Internet: http://h2o.enr.state.nc.us/esb/
Nd thCarolina
, Vahlrallil
An Equal Opportunity %Affirmative Action Employer

the data are inconclusive as to copper and/or zinc's role as a toxicity source, then the NPDES Permit will be reopened and
the metal limits specified above will be applied to the permit. The report is due nine months after the date of the second
WET Notice of Violation.
Three copies of the final report shall be submitted to:
North Carolina Division of Water Quality
Environmental Sciences Section
Aquatic Toxicology Unit
1621 Mail Service Center
Raleigh, North Carolina 27699-1621
You should consider submitting the above correspondence certified mail.
Failure to notify DWQ of your acceptance of a copper and/or zinc limit, failure to notify DWQ of your option
selection or failure to make acceptable demonstration to DWQ, that copper and/or zinc are not causative effluent toxicants
within the stated time frames will result in reopening of the NPDES Permit to include copper and/or zinc numeric
limitations, as appropriate.
If the effluent is toxic, then we expect work to commence immediately with toxic effluent samples. Failure to
initiate work with toxic effluent samples during the study period is unacceptable and will be considered a failure to make
acceptable demonstration as cited above. We recommend a minimum of three separate sampling events during the nine
month period to definitively rule out copper and/or zinc as causative effluent toxicants.
Please note that your actions to notify DWQ of prospective limit acceptance or to notify DWQ of plan option(s)
and subsequent submission of a plan are contingent upon two or more toxicity NPDES permit limit violations occurring
during a toxicity testing calendar quarter.
Also note that the WET limit will remain in your NPDES permit regardless of whether metals are the source of
effluent toxicity. The data resulting from your actions to disprove copper and/or zinc as sources of effluent toxicity will
determine whether NPDES Permit limits will be assigned for these parameters. You are responsible for initiating actions
to address these issues.
You may consider entering into a Special Order by Consent (SOC) with DWQ. A SOC provides regulatory relief
for specific NPDES permit limit violations and, if signed, will contain a requirement to conduct a Toxicity Reduction
Evaluation. The SOC.will contain a compliance schedule, stipulated penalties for failing to meet milestone activity dates
and may contain upfront penalties to settle past permit limit violations.
Environmental Sciences Section
1621 Mail Service Center, Raleigh, North Carolina 27699-1621
Location:4401 Reedy Creek Road, Raleigh, North Carolina 27607
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748
Internet: http:llh2o.enr.state.nc.us/esb/
One
NoithCarolina
Natu allY
An Equal Opportunity 1 Affirmative Action Employer

'NI
Additional information regarding the Division's Copper and Zinc Action Level Policy can be found at the following web
site - http://Nvww.esb.enr.state.nc.us. Click on the "Aquatic Toxicology" Unit and go to the prompt"AT Downloadable
Files" located at the bottom of the page. This web site also contains EPA's "Toxicity Reduction Evaluation Guidance for
Municipal Wastewater Treatment Plants." Section 4 of this document contains pertinent information on Toxicity
Identification Evaluations.
If you have any questions concerning this correspondence, please contact Mr. John Giorgino at [phone].
Sincerely,
C_
i
Cindy Moore
Supervisor, Aquatic Toxicology Unit
ATTACHMENTS
cc: Roebs-Mooresville Regional Office (no attachments)
John Lesley -Mooresville Regional Office (no attachments)
Vanessa Manuel- Point Source Branch (no attachments)
Marshall Hyatt-USEPA Region IV, Atlanta Federal Center, 61 Forsyth St., SW, Atlanta, GA 30303
(no attachments)
Central Files (no attachments)
Aquatic Toxicology Unit Files (no attachments)
Environmental Sciences Section
1621 Mail Service Center, Raleigh, North Carolina 27699-1621
Location: 4401 Reedy Creek Road, Raleigh, North Carolina 27607
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748
Internet: http://h2o.enr.state.nc.us/esb/
Natundif
NorthCarolina
An Equal Opportunity %Affirmative Action Employer

October 26, 2006
CERTIFIED MAIL -,,0'6 -9r" & 7
RETURN RECEIPT REQUESTED
Mr. Dennis Wells
City of Kings Mountain -Pilot Creek
P.O. Box 429
Kings Mountain, North Carolina 28086
SUBJECT: NOTICE OF VIOLATION
Whole Effluent Toxicity (WET) Testing
NPDES Permit No. NCO020737
City of Kings Mountain - Pilot Creels WWTP
Cleveland County
Dear Mr. Wells:
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
A0 !VT? i A Est �1C1
r1OFFICE
OCT 2 7 200,
This is to inform you that a review of your toxicity self -monitoring report form for the month of August 2006
indicates a violation of the toxicity limitation specified in your NPDES Permit.
You should take whatever remedial actions are necessary to eliminate the conditions causing the effluent toxicity
violation(s). Your efforts may include conducting a Toxicity Reduction Evaluation (TRE), a site -specific study designed
to identify the causative agents of effluent toxicity, isolate the sources of toxicity, evaluate the effectiveness of toxicity
control options, and confirm reductions in effluent toxicity. Please be aware that North Carolina General Statutes provide
for assessment of civil penalties for violations of NPDES permit limitations and requirements.
The reverse side of this Notice contains important information concerning your Whole Effluent Toxicity
Monitoring and Reporting Requirements. Please note appropriate mailing addresses for submitting your Discharge
Monitoring Reports (DMRs) and Aquatic Toxicity (AT) Test Forms. We encourage you to review this information; if it
would be helpful to discuss this situation or possible solutions to resolve effluent toxicity noncompliance, please contact
Mr. John Giorgino with this office at [phone].
Sincerely,
.
Jimmie 0 erton
Chief, Environmental Sciences Section
cc: Rex Gleason -Mooresville Regional Office
John Lesley -Mooresville Regional Office
Aquatic Toxicology Unit
Central Files
Ou
NorthCarolina
Natumlly
North Carolina Division of Water Quality 1621 Mail Service Center Raleigh, NC 27699-1621 Phone [phone] Customer Service
'Internet: www.esb.enr.state.nc.us 4401 Reedy Creel: Rd. Raleigh, NC 27607 FAX [phone]
An Equal Opportunity/Affirmative Action Employer— 50% Recycled110% Post Consumer Paper

WHOLE EFFLUENT TOXICITY MONITORING AND REPORTING INFORMATION
➢ The following items are provided in an effort to assist you with identifying critical and sometimes overlooked toxicity testing and
reporting information. Please take time to review this information. The items below do not address or include all the toxicity testing
and reporting requirements contained in vour NPDES permit. If you should have any questions about your toxicity testing
requirement, please contact Mr. Kevin Bowden with the Aquatic Toxicology Unit at [phone] or another Unit representative at the
same number.
➢ The penmittee is responsible for ensuring that toxicity testing is conducted according to the permit requirement and that toxicity report
forms are appropriately filed.
➢ The reporting of whole effluent toxicity testing data is a dual requirement. All toxicity test results must be entered (with the appropriate
parameter code) on your monthly Discharge Monitoring Report which is submitted to:
North Carolina Division of Water Quality
Central Files
1617 Mail Service Centel -
Raleigh, NC 27699-1617
IN ADDITION
Toxicity test data (original "AT" form) must be submitted to the following address:
North Carolina Division of Water Quality
Environmental Sciences Section
1621 Mail Service Center
Raleigh, North Carolina 27699-1621
➢ Toxicity test results shall be tiled with the Environmental Sciences Section no later than 30 days after the end of the reporting
period (eg, January test result is due by the end of February).
➢ Toxicity test condition language contained in your NPDES permit may require use of multiple concentration toxicity testing upon failure
of any single quarterly toxicity test. If the initial pass/fail test fails or if the chronic value is lower than the permit limit, then at least two
multiple concentration toxicity tests (one per month) will be conducted over the following two months. As many analyses as can be
completed will be accepted. If your NPDES permit does not require use of multiple concentration toxicity testing upon failure of any
single quarterly test, you may choose to conduct either single concentration toxicity testing or multiple concentration toxicity testing per
the Division's WET enforcement initiatives effective July 1, 1999. Follow-up multiple concentration toxicity testing will influence the
Division's enforcement response.
➢ Toxicity testing months are specified by the NPDES Permit, except for NPDES Permits which contain episodic toxicity monitoring
requirements (eg, if the testing months specified in your NPDES permit are March, June, September, and December, then toxicity testing
must be conducted during these months).
➢ If your NPDES Permit specifies episodic monitoring and your facility does not have a discharge from January 1-June 30, then you must
provide written notification to the Environmental Sciences Section by June 30 that a discharge did not occur during the first six months
of the calendar year.
➢ If you receive notification from your contract laboratory that a test was invalidated, you should immediately notify the Environmental
Sciences Section at [phone] and provide written documentation indicating why the test was invalidated and the date when
follow-up testing will occur.
➢ If your facility is required to conduct toxicity testing during a month in which no discharge occurs, you should complete the information
block located at the top of the AT form indicating the facility name, permit number, pipe number, county and the month/year of the
subject report. You should also write "No Flow" on the AT form, sign the form and submit following normal procedures.
➢ The Aquatic'Toxicity Test forms shall be signed by the facility's Operator in Responsible Charge (ORC) except for facilitie's which have
not received a facility classification. In these cases, a duly authorized facility representative must sign the AT form. The AT form must
also be signed by the perforniing lab supervisor.
➢ To determine if your AT test forms were received on time by the Division of Water Quality, you may consider submitting your toxicity
test results certified mail, return receipt requested to the Environmental Sciences Section.

September 22, 2006
CERTIFIED MAIL 7Dp, (,;, OlDD -0a0 '3—$�`�� Z
RETURN RECEIPT REQUESTED
Mr. Dennis Wells
City of Kings Mountain -Pilot Creek
P.O. Box 429
Kings Mountain, North Carolina 28086
SUBJECT: NOTICE OF VIOLATION
Whole Effluent Toxicity (WET) Testing
NPDES Permit No. NCO020737
City of Kings Mountain — Pilot Creek WWTP
Cleveland County
Dear Mr. Wells:
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
r.-
I SEP 2 6 200'.
This is to inform you that a review of your toxicity self -monitoring report form for the month of July 2006
indicates a violation of the toxicity limitation specified in your NPDES Permit.
You should take whatever remedial actions are necessary to eliminate the conditions causing the effluent toxicity
violation(s). Your efforts may include conducting a Toxicity Reduction Evaluation (TRE), a site -specific study designed
to identify the causative agents of effluent toxicity, isolate the sources of toxicity, evaluate the effectiveness of toxicity
control options, and confirm reductions in effluent toxicity. Please be aware that North Carolina General Statutes provide
for assessment of civil penalties for violations of NPDES permit limitations and requirements.
The reverse side of this Notice contains important information concerning your Whole Effluent Toxicity
Monitoring and Reporting Requirements. Please note appropriate mailing addresses for submitting your Discharge
Monitoring Reports (DMRs) and Aquatic Toxicity (AT) Test Forms. We encourage you to review this information; if it
would be helpful to discuss this situation or possible solutions to resolve effluent toxicity noncompliance, please contact
Mr. John Giorgino with this office at [phone].
Sincerely,
Jimmie erton
Chief, Env* onmental Sciences Section
cc: Rex Gleason Igor-G&,7R e ' rra�l Off°
John Lesley -Mooresville Regional Office
Aquatic Toxicology Unit
Central Files
NoacthCarolina
atura!!;
North Carolina Division of Water Quality 1621 Mail Service Center Raleigh, NC 27699-1621 Phone [phone] Customer Service
Internet: www.esb.enr.state.nc.us 4401 Reedy Creek Rd. Raleigh, NC 27607 FAX [phone]
An Equal Opportunity/Affirmative Action Employer— 50% Recycled110% Post Consumer Paper

WHOLE EFFLUENT TOXICITY MONITORING AND REPORTING INFORMATION
➢ The following items are provided in an effort to assist you with identifying critical and sometimes overlooked toxicity testing and
reporting information. Please take time to review this information. The items below do not address or include all the toxicity testing
and reporting requirements contained in your NPDES permit. If you should have any questions about your toxicity testing
requirement, please contact Mr. Kevin Bowden with the Aquatic Toxicology Unit at [phone] or another Unit representative at the
same number.
➢ The permittee is responsible for ensuring that toxicity testing is conducted according -to the permit requirement and that toxicity report
forms are appropriately filed.
➢ The reporting of whole effluent toxicity testing data is a dual requirement. All toxicity test results must be entered (with the appropriate
parameter code) on your monthly Discharge Monitoring Report which is submitted to:
North Carolina Division of Water Quality
Central Files
1617 Mail Service Center
Raleigh, NC 27699-1617
IN ADDITION
Toxicity test data (original "AT" form) must be submitted to the following address:
North Carolina Division of Water Quality
Environmental Sciences Section
1621 Mail Service Center
Raleigh, North Carolina 27699-1621
➢ Toxicity test results shall be filed with the Environmental Sciences Section no later than 30 days after the end of the reporting
period (eg, January test result is due by the end of February).
➢ Toxicity test condition language contained in your NPDES permit may require use of multiple concentration toxicity testing upon failure
of any single quarterly toxicity test. If the initial pass/fail test fails or if the chronic value is lower than the permit limit, then at least two
multiple concentration toxicity tests (one per month) will be conducted over the following two months. As many analyses as can be
completed will be accepted. If your NPDES permit does not require use of multiple concentration toxicity testing upon failure of any
single quarterly test, you may choose to conduct either single concentration toxicity testing or multiple concentration toxicity testing per
the Division's WET enforcement initiatives effective July 1, 1999. Follow-up multiple concentration toxicity testing will influence the
Division's enforcement response.
➢ Toxicity testing months are specified by the NPDES Permit, except for NPDES Permits which contain episodic toxicity monitoring
requirements (eg, if the testing months specified in your NPDES permit are March, June, September, and December, then toxicity testing
must be conducted during these months).
➢ If your NPDES Permit specifies episodic monitoring and your facility does not have a discharge from January 1-June 30, then you must
provide written notification to the Environmental Sciences Section by June 30 that a discharge did not occur during the first six months
of the calendar year.
➢ If you receive notification from your contract laboratory that a test was invalidated, you should immediately notify the Environmental
Sciences Section at [phone] and provide written documentation indicating why the test was invalidated and the date when
follow-up testing will occur.
➢ If your facility is required to conduct toxicity testing during a month in which no discharge occurs, you should complete the information
block located at the top of the AT form indicating the facility name, permit number, pipe number, county and the month/year of the
subject report. You should also write "No Flow" on the AT fonn, sign the form and submit following normal procedures.
➢ The Aquatic Toxicity Test forms shall be signed by the facility's Operator. in Responsible Charge (ORC) except for facilitieswllich have
not received a facility classification. In these cases, a duly authorized facility representative must sign the AT form. The AT form must
also be signed by the performing lab supervisor.
➢ To determine if your AT test forms were received on time by the Division of Water Quality, you may consider submitting your toxicity
test results certified mail, return receipt requested to the Environmental Sciences Section.

June 15, 2006
CERTIFIED MAIL7005"'_,037o
RETURN RECEIPT REQUESTED
Mr. Dennis Wells
City of Kings Mountain -Pilot Creek
P.O. Box 429
Kings Mountain, North Carolina 28086
SUBJECT: NOTICE OF VIOLATION
Whole Effluent Toxicity (WET) Testing
NPDES Permit No. NCO020737
City of Kings Mountain — Pilot Creek WWTP
Cleveland County
Dear Mr. Wells:
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
;q _
F
This is to inform you that a review of your toxicity self -monitoring report form for the month of April 2006
indicates a violation of the toxicity limitation specified in your NPDES Permit.
You should take whatever remedial actions are necessary to eliminate the conditions causing the effluent toxicity
violation(s). Your efforts may include conducting a Toxicity Reduction Evaluation (TRE), a site -specific study designed
to identify the causative agents of effluent toxicity, isolate the sources of toxicity, evaluate the effectiveness of toxicity
control options, and confirm reductions in effluent toxicity. Please be aware that North Carolina General Statutes provide
for assessment of civil penalties for violations of NPDES permit limitations and requirements.
The reverse side of this Notice contains important information concerning your Whole Effluent Toxicity
Monitoring and Reporting Requirements. Please note appropriate mailing addresses for submitting your Discharge
Monitoring Reports (DMRs) and Aquatic Toxicity (AT) Test Forms. We encourage you to review this information; if it
would be helpful to discuss this situation or possible solutions to resolve effluent toxicity noncompliance, please contact
me or Mr. Kevin Bowden with this office at [phone].
Sincerely,
:ie Overton
Chief, Environmental Sciences Section
cc: Rex_GIeason-Mooresville,Regionaf Office
John Lesley -Mooresville Regional Office
Aquatic Toxicology Unit
Central Files
NorthCarolina
Natumllff
North Carolina Division of Water Quality 1621 Mail Service Center Raleigh, NC 27699-1621 Phone [phone] Customer Service
Internet: mvw.esb.enr.state.ne.us 4401 Reedy Creek Rd. Raleigh, NC 27607 FAX [phone]
An Equal Opportunity/Affirmative Action Employer— 50% Recycled110% Post Consumer Paper

WHOLE EFFLUENT TOXICITY MONITORING AND REPORTING INFORMATION
➢ The following items are provided in an effort to assist you with identifying critical and sometimes overlooked toxicity testing and
reporting information. Please take time to review this information. The items below do not address or include all the toxicity testing
and reporting requirements contained in your NPDES permit. If you should have any questions about your toxicity testing
requirement, please contact Mr. Kevin Bowden with the Aquatic Toxicology Unit at [phone] or another Unit representative at the
same number.
➢ The permittee is responsible for ensuring that toxicity testing is conducted according to the permit requirement and that toxicity report
forms are appropriately filed.
➢ The reporting of whole effluent toxicity testing data is a dual requirement. All toxicity test results must be entered (with the appropriate
parameter code) on your monthly Discharge Monitoring Report which is submitted to:
North Carolina Division of Water Quality
Central Files
1617 Mail Service Center
Raleigh, NC 27699-1617
IN ADDITION
Toxicity test data (original "AT" form) must be submitted to the following address:
North Carolina Division of Water Quality
Environmental Sciences Section
1621 Mail Service Center
Raleigh, North Carolina 27699-1621
➢ Toxicity test results shall be filed with the Environmental Sciences Section no later than 30 days after the end of the reporting
period (eg, January test result is due by the end of February).
➢ Toxicity test condition language contained in your NPDES permit may require use of multiple concentration toxicity testing upon failure
of any single quarterly toxicity test. If the initial pass/fail test fails or if the chronic value is lower than the permit limit, then at least two
multiple concentration toxicity tests (one per month) will be conducted over the following two months. As many analyses as can be
completed will be accepted. If your NPDES permit does not require use of multiple concentration toxicity testing upon failure of any
single quarterly test, you may choose to conduct either single concentration toxicity testing or multiple concentration toxicity testing per
the Division's WET enforcement initiatives effective July 1, 1999. Follow-up multiple concentration toxicity testing will influence the
Division's enforcement response.
➢ Toxicity testing months are specified by the NPDES Permit, except for NPDES Permits which contain episodic toxicity monitoring
requirements (eg, if the testing months specified in your NPDES permit are March, June, September, and December, then toxicity testing
must be conducted during these months).
➢ If your NPDES Permit specifies episodic monitoring and your facility does not have a discharge from January 1-June 30, then you must
provide written notification to the Environmental Sciences Section by June 30 that a discharge did not occur during the first six months
of the calendar year.
➢ If you receive notification from your contract laboratory that. a test was invalidated, you should immediately notify the Environmental
Sciences Section at [phone] and provide written documentation indicating why the test was invalidated and the date when
follow-up testing will occur.
➢ If your facility is required to conduct toxicity testing during a month in which no discharge occurs, you should complete the information
block located at the top of the AT form indicating the facility name, permit number, pipe number, county and the month/year of the
subject report. You should also write "No Flow" on the AT form, sign the form and submit following normal procedures.
➢ The Aquatic Toxicity Test forms shall be signed by the facility's Operator in Responsible Charge (ORC) except for facilities which have
not received a facility classification. In these cases, a duly authorized facility representative must sign the AT form. The AT form must
also be signed by the performing lab supervisor.
➢ To determine if your AT test forms were received on time by the Division of Water Quality, You may consider submitting your toxicity
test results certified mail, return receipt requested to the Environmental Sciences Section.

O�O W AT �9QG
DWQ)
r
January 13, 2006
CERTIFIED _W1O -.5-94L
RETURN RECEIPT REQUESTED
Michael F. Easley, Govemor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
JJ�
Mr. Dennis Wells
City of Kings Mountain -Pilot Creek
P.O. Box 429
Kings Mountain, North Carolina 28086
SUBJECT: NOTICE OF VIOLATION
Whole Effluent Toxicity (WET) Testing
Copper and Zinc Action Level Policy
NPDES Permit No. NCO020737
City of Kings Mountain — Pilot Creek WWTP
Cleveland County
Dear Mr. Wells:
Alan W. Klimek, P.E., Director
Division of Water Quality
,
This is to inform you that a review of your toxicity self -monitoring report form for the month of November
2005 indicates a violation of the toxicity limitation specified in your NPDES Permit. You should undertake necessary
actions to eliminate or reduce effluent toxicity to acceptable levels.
Previous correspondence was sent to you concerning implementation of the Division's Copper and Zinc
Action Level Policy. The correspondence included a prospective permit limit for copper and stated that the trigger for
implementing the policy would be two or more WET limit violations which occur during a toxicity testing calendar
quarter. Please note that the second WET limit violation has occurred and you must provide:
a) Written notification indicating acceptance of the prospective copper permit limit.
Notification is due by February 13, 2006.
OR
b) Written notification indicating your choice of option(s) 1-4 below. Notification is due by February 13,
2006. DWQ approval of options 1-3 below is not necessary as the Division expects work to rule out
copper as a causative effluent toxicant to begin immediately upon the second WET permit limit violation
that occurred during November 2005.
1. Instream measurements of dissolved metal during low flow conditions that demonstrate compliance
with the Action Level standard
2. A revision of the prospective permit limit using improved inputs that in concert with existing or
additional monitoring data demonstrates compliance with the Action Level standard
3. Toxicity Identification Evaluation (TIE) results that definitively rule out copper as a cause of effluent
toxicity
4. Demonstration by an alternative method approved by the Division and EPA that copper is not a cause
of toxicity '
North Carolina Division of Water Quality 1621 Mail Service Center Raleigh, NC 27699-1621 Phone [phone] Customer Service
Internet: www.esb.enr.state.nc.us 4401 Reedy Creek Rd. Raleigh, NC 27607 FAX [phone]
An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper

Page 2
City of King's Mountain — Pilot Creek
January 13, 2006
Written notification (a or b above) shall be sent to:
North Carolina Division of Water Quality
Environmental Sciences Section
Aquatic Toxicology Unit
1621 Mail Service Center
Raleigh, North Carolina 27699-1621
Please note that if you choose item b) above, you will be given nine months to submit documentation that
eliminates copper as a causative effluent toxicant. Your final report should be comprehensive and include all
data used to support your conclusion. The report is due by October 13, 2006.
Three copies of the final report shall be submitted to:
North Carolina Division of Water Quality
Environmental Sciences Section
Aquatic Toxicology Unit
1621 Mail Service Center
Raleigh, North Carolina 27699-1621
Failure to notify DWQ of your acceptance of a copper limit, failure to notify DWQ of your option
selection or failure to make acceptable demonstration to DWQ that copper is not a causative effluent toxicant
within the stated time frames will result in reopening of the NPDES Permit to include a numeric copper permit
limitation, as appropriate.
If the effluent is toxic, then we expect work to commence immediately with toxic effluent samples. Failure to
initiate work with toxic effluent samples during the study period is unacceptable and will be considered a failure to
make acceptable demonstration as cited above. We recommend a minimum of three separate sampling events during
the nine month period to definitively rile out copper as a causative effluent toxicant.
Additional inforniation regarding the Division's Copper and Zinc Action Level Policy can be found at the
following web site - http://www.esb.ei-i.state.nc.us/. Click on the Aquatic Toxicology Unit and go to the prompt "AT
Downloadable Files" located at the bottom of the page.
If you have any questions concerning this correspondence, please contact me or Mr. Kevin Bowden at (919)
733-2136.
Sincerely,
M aez- Oil
Matt Matthews
Aquatic Toxicology Unit Supervisor
cc: C" _ex'Gleason=Mooresville -Regional Office ?
z_
John Lesley -Mooresville Regional Office
Dawn Jeffries -Point Source Branch
Marshall Hyatt -Water Management Division, USEPA Region IV, 61 Forsyth St., SW, Atlanta, GA 30303
Central Files
Aquatic Toxicology Unit Files

Michael F. Easley, Govern r
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
March 22, 2005
Mr. Dennis Wells, WWTP Superintendent
City of Kings Mountain
Post Office Box 429
Kings Mountain, North Carolina 28086
Subject: Toxicity Test Results
Kings Mountain Pilot Creek WWTP
NPDES Permit No. NCO020737
Cleveland County, NC
Dear Mr. Wells:
Alan W. Klimek, P. E. Director
Division of Water Quality
Enclosed is a copy of the toxicity test results relative to the inspection conducted at the
subject facility on March 1, 2005 by John Lesley of this Office. Effluent Samples were collected
on March 1 and 4, 2005 by Division staff for use in a chronic Ceriodaphnia dubia pass/fail toxicity
test. The test utilizing these samples resulted in a pass.
The report should be self-explanatory; however, should you have any questions concerning
this report, please do not hesitate to contact Mr. Lesley or me at [phone].
Sincerely,
<--� 2-- ";�-
D. Rex Gleason, P.E.
Water Quality Regional Supervisor
Enclosure
cc: Central Files
Kevin Bowden, Aquatic Toxicology Unit
Cleveland County Health Department
NoonLCarolina
JVatura!!J ��,
N. C. Division of Water Quality, Mooresville Regional Office, 610 E. Center Ave. Suite 301, Mooresville NC 28115 [phone] Customer Service
1-877-623-6748

City of Kings Mountain Pilot Creek WWTP
NPDES Permit No. NCO020737
Page 2
Whole effluent samples were collected on March 1 and 4, 2005 by John Lesley for use in a
chronic Ceriodaphnia dubia pass/fail toxicity test. Kings Mountain Pilot Creek WWTP has an
effluent discharge permitted at 6.0 MGD entering Buffalo Creek (7Q10 of 19.0 CFS). The test
using these samples resulted in a pass. Toxicity test information follows:
Test Type
Test Concentration
Test Result
Control Survival
Control Mean Reproduction
Test Treatment Survival
Treatment Mean Reproduction
First Sample pH
First Sample Conductivity
First Sample Total Residual Chlorine
Second Sample pH
Second Sample Conductivity
Second Sample Total Residual Chlorine
3-Brood Ceriodaphnia dubia pass/fail
33% sample
Pass
100%
24.2 neonates
100%
26.2 neonates
6.86 SU
1330 micromhos/cm
<0.0052 mg/1
6.92 SU
1350 micromhos/cm
<0.0052 mg/l
Test results for these samples indicate that the effluent would not be predicted to have
water quality impacts on the receiving stream.

Division of Water Quality
March 11, 2005
MEMORANDUM
To: Rex Gleason
Water Quality Supervisor, MRO
Through: Matt Matthews & -"-
Supervisor, Aquatic Toxicology Unit
From: Sandy Mort 44
Quality Assurance Officer, Aquatic Toxicology Unit
Subject: Whole effluent toxicity test results
King's Mountain -Pilot Creek WWTP
NPDES Permit # NCO020737/001
Cleveland County
�a
MAR 1 5 2005
.:: 7
-� ate, ULU
�.
The aquatic toxicity test using 24-hour composite samples of effluent discharged from King's
Mountain -Pilot Creek WWTP has been completed. King's Mountain -Pilot Creek WWTP has an
effluent discharge permitted at 6.0 million gallons per day (MGD) entering Buffalo Creek (7Q10
of 19.0 CFS). Whole effluent samples were collected on March 1 and 4, 2005 by John Lesley
and facility personnel for use in a chronic Ceriodaphnia dubia pass/fail toxicity test. The test
using these samples resulted in a pass. Toxicity test information follows.
Test Type
Test Concentrations
Test Result
Control Survival
Control Mean Reproduction
Test Treatment Survival
Treatment Mean Reproduction
First Sample pH
First Sample Conductivity
First Sample Total Residual Chlorine
Second Sample pH
Second Sample Conductivity
Second Sample Total Residual Chlorine
3-Brood Ceriodaphnia dubia pass/fail
33% sample
Pass
100%
24.2 neonates
100%
26.2 neonates
6.86 SU
1330 micromhos/cm
<0.0052 mg/L
6.92 SU
1350 micromhos/cm
<0.0052 mg/L
Test results for these samples indicate that the effluent would not be predicted to have water
quality impacts on receiving water. Please contact us if further effluent toxicity monitoring is
desired. We may be reached at [phone].
Basin: BRD05
cc: Central Files
Aquatic Toxicology Unit Environmental Sciences Section

State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
919 North Main Street
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Kenneth E. Downey
City of Kings Mountain -Pilot Creek
P.O. Box 429
Kings Mountain, North Carolina 29086
Mooresville, North Carolina 28115
September 24, 2004
7003 2260 00013550 3568
SUBJECT: NOTICE OF VIOLATION
Whole Effluent Toxicity (WET) Testing
Copper and Zinc Action Level Policy
NPDES Permit No. NCO020737
City of Kings Mountain — Pilot Creek WWTP
Cleveland County ) "
Dear Mr. Downey:
This is to inform you that a review of your toxicity self -monitoring report form for the month of
July 2004 indicates a violation of the toxicity limitation specified in your NPDES Permit. You should
undertake necessary actions to eliminate or reduce effluent toxicity to acceptable levels.
In addition, this correspondence contains important information on the Division's Copper and
Zinc Action Level Policy which is triggered by two or more toxicity limit violations that occur during
the toxicity testing calendar quarter specified by the toxicity testing special condition of your NPDES
Permit. Attachments addressing policy implementation and a copy of the Division's Toxicity Reduction
Guidance have been included with this Notice of Violation.
You should initiate follow-up toxicity testing upon a single WET test failure which occurs during
the toxicity testing calendar quarter.
Your facility is 'currently monitoring for copper and/or zinc and the data indicate that the levels
of copper/zinc in your effluent have the potential to cause an exceedance of the NC water quality action
level for this (these) parameter(s) in your receiving stream during low stream flow conditions. The
policy states that whenever a facility experiences two or more toxicity limit violations during a toxicity
testing calendar quarter, the NPDES Permit will be modified to include numeric limits for copper and/or
zinc UNLESS the permittee provides one or more of the following:
1. Instream measurements of dissolved metal during low now conditions that demonstrate
compliance with the Action Level standard
2. A revision of the prospective permit limit using improved inputs that in concert with
existing or additional monitoring data demonstrates compliance with the Action Level
standard
3. Toxicity Identification Evaluation (TIE) results that definitively rule out copper and/or zinc
as causes of effluent toxicity
4. Demonstration by an alternative method approved by the Division and EPA that copper
and/or zinc is not the cause of toxicity

2
The Division has evaluated your copper and/or zinc monitoring data. The Division has also
developed a prospective NPDES permit limit based on your facility's instream waste concentration, the
copper and/or zinc action level criterion and a translator procedure. Based on this data your prospective
copper permit limit is 58 µg/L.
The permittee, upon experiencing two or more toxicity limit violations during a toxicity
testing calendar quarter must either provide DWQ with:
a) Written notification indicating acceptance of the prospective copper
and/or zinc permit limit. Notification is due within 30 days after the date of
the second WET Notice of Violation.
OR
a•
b) Written notification indicating your choice of option(s) as noted on page
one of this correspondence. Notification is due within 30 days after the date
of the second WET Notice of Violation. DWQ approval of options 1-3
(previous page) is not necessary as the Division expects work to rule out
copper and/or zinc as causative effluent toxicants to begin immediately upon
the second WET permit limit violation.
Written notification (a or b above) shall be sent to:
North Carolina Division of Water Quality
Environmental Sciences Section
Aquatic Toxicology Unit
1621 Mail Service Center
Raleigh, North Carolina 27699-1621
Please note that if you choose item b) above, you will be given nine months to submit
documentation that eliminates copper and/or zinc as causative effluent toxicants. Your final report
should be comprehensive and include all data used to support your conclusion(s). Should the data
indicate copper and/or zinc as the source of effluent toxicity or if the data are inconclusive as to copper
and/or zinc's role as a toxicity source, then the NPDES Permit will be reopened and the metal limits
specified above will be applied to the permit. The report is due nine months after the date of the second
WET Notice of Violation.
Three copies of the final report shall be submitted to:
North Carolina Division of Water Quality
Environmental Sciences Section
Aquatic Toxicology Unit
1621 Mail Service Center
Raleigh, North Carolina 27699-1621
You should consider submitting the above correspondence certified mail.
Failure to notify DWQ of your acceptance of a copper and/or zinc limit, failure to notify
DWQ of your option selection or failure to make acceptable demonstration to DWQ that copper
and/or zinc are not causative effluent toxicants within the stated time frames will result in
reopening of the NPDES Permit to include copper and/or zinc numeric limitations, as appropriate.

3
Please note that your actions to notifyDWQ of prospective limit acceptance or to notify DWQ of
plan option(s) and subsequent submission of a plan are contingent upon. two or more toxicity NPDES
permit limit violations occurring during a toxicity testing calendar quarter.
If the effluent is toxic; then we expect work to commence immediately with toxic effluent
samples. Failure to initiate work with toxic effluent samples during the study period is unacceptable and
will be considered a failure to make acceptable demonstration as cited above. We recommend a
minimum of three separate sampling events during the nine month period to definitively rule out copper
and/or zinc as causative effluent toxicants.
Also note that the WET limit will remain in your NPDES permit regardless of whether metals are
the source of effluent toxicity. The data resulting from your actions to disprove copper and/or zinc as
sources of effluent toxicity will determine whether NPDES Permit limits will be assigned for these
parameters. You are responsible for initiating actions to address these issues.
You may consider entering into a Special Order by Consent (SOC) with DWQ. A SOC provides
regulatory relief for specific NPDES permit limit violations and, if signed, will contain a requirement to
conduct a Toxicity Reduction Evaluation. The SOC will contain a compliance schedule, stipulated
penalties for failing to meet milestone activity dates and may contain upfront penalties to settle past
permit limit violations.
Additional information regarding the Division's copper and/or zinc action level policy can be
found afthe f6llowmg web sib - ht- p:/ /www.-esb.enr.state—nc.us. -"Click on-tlie "Aq—ua:tff---- -- - --"- — ---
Toxicology" Unit and go to the prompt "DOWNLOADS" located at the bottom of the page. This web
site also contains EPA's "Toxicity Reduction Evaluation Guidance for Municipal Wastewater Treatment
Plants." Section 4 of this document contains pertinent information on Toxicity Identification
Evaluations.
If you have any questions concerning this correspondence, please contact me at [phone]
or Mr. Matt Matthews, Supervisor of the Aquatic Toxicology Unit at [phone].
Sincerely,
D. Rex Gleason, P.E.
Regional Water Quality Supervisor
ATTACHMENTS
cc: Mooresville Regional Office (no attachments)
Susan Wilson-NPDES Unit (no attachments)
Pretreatment (no attachments)
Kim Pierce-USEPA Region IV, Atlanta Federal Center, 61 Forsyth St., SW, Atlanta, GA
30303 (no attachments)
Central Files (no attachments)
Aquatic Toxicology Unit Files (no attachments)