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NC0020737_Regional Office Historical File Pre 2018 (6)
I mg ROUX COOPED, MIC AEL S_ R..ECr'1N S. DANIEL SMITH NORTHCAROUNA tnVfronmenzal Quality CERTIFIED MAIL # 7018 0360 0002 2099 1550 RETURN RECEIPT REQUESTED February 12, 2020 Mr. Ricky Duncan, Water Resources Director City of Kings. Mountain P.O. Box 429 Kings Mountain, NC28086 Subject: Notice of Violation Compliance Evaluation Inspection `NOV-2020-PC-0087 City of Kings Mountain NPDES Permit No. NC0020737 Cleveland County Dear Mr. Duncan: Enclosed is a copy of the Compliance Evaluation Inspection report for the inspection conducted at the subject facility on January 28, 2020 by Ori Tuvia. The cooperation of Richelle Meek and Kathy Moses during the site visit was much appreciated. Please advise the staff involved with this NPDES Permit by forwarding a copy of the enclosed report. Overall, the site is much improved. Previously noted lab issues had been addressed as well as the short-circuiting observed in clarifier #4 due to an uneven weir. The purchase of new SCADA system is also a welcomed forward step. The following areas of concern noted in prior inspection reports require your attention: 1. The weir in clarifier #3 showed signs of rusting. The ORC did indicate that the coming year's budget will include resources to repair the clarifier. 2. Dead spots were observed in all three (3) aeration basins, especially in aeration basin #1. Mixers, in addition to the existing diffusers, would potentially eliminate the observed dead spots. A plan to improve aeration and eliminate the dead spots is needed. Rom. .ai'n.. : •i..1�i::e ?i sir, ,.::�.;��ti ' A2:1 i "59: EJY':i i!1i? ...1f:. ... t K;i: :�u:Ja..a i ::v:i':n ... ....,a Y'�..'a! �4 y�.. °Ji ( 5'viil r Reoicr J`s",�;-- � ._C _8si...@ RHr'=.., `ti .._. .:_ An additional concern observed during the inspection was that grit was observed in downstream treatment units including the chlorine contact chamber. A grit removal system would greatly improve treatment efficiency and significantly reduce the accumulation of grit in other treatment units. . The report should be self-explanatory; however, should you have any questions concerning this report, please do not hesitate to contact Ori Tuvia at (704) 235-2190, or at ori.tuvia- nedenr. og_v. Sincerely, DocuSiign�edd by: A14CC681 AF27425... W. Corey Basinger Regional Supervisor Mooresville Regional Office Division of Water Resources cc: NPDES, MRO files (Laserfiche) United States Environmental Protection Agency Form Approved. EPA _ Washington, D.C. 20460 1 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 .IN 1 2 15 I 3 I NCO020737 I11 12 20/01/28 17 181,.1 191 S I 201 I 211=11111 1111111111111111111111111111IIIIllII r6 I Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 QA Reserved 6711.0 70I, I 71 I„ I 72 I �, 1 73I I 174 751 I I I I I I I80 LJ LJ 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) 09:55AM 20l01/28 15/06/01 W Pilot Creek WTP Exit Time/Date Permit Expiration Date 200 Potts Creek Rd Kings Mountain NC 28086 11:40AM 20/01/28 18/08/31 Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Kendrene Richelle Meek/ORC/704-739-7131/ Name, Address of Responsible OfficiaMfle/Phone and Fax Number Contacted Kim Teresa Moss,PO Box 429 Kings Mountain NC No 280860429/1704-739-7131/7047344528 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 Docusigned by: Ori A Tuvia l(— DWRIMRO WQ/704-663-1699/ 2/12/2020 ERRn57AqnFn174gA Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date W. Corey Basinger DWR/Division of Water Quality/704-235-2194/ EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. EDocusigned by: ��y��,� 2/12/2020 At4CC681AF27425... / r Page# NPDES yr/mo/day Inspection Type 1 31 NCO020737 I1 12 20/01/28 17 18 I �J Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) Page# Permit: NCO020737 Owner- Facility: Pilot Creek VWVTP Inspection Date: 01/28/2020 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 ❑ ❑ M ❑ 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? ® ❑ ❑ ❑ Is the inspector granted access to all areas for inspection? ® ❑ ❑ ❑ Comment: New tiered permit was issued and became effective on 2/1/2020. The new_permit has removed the Arsenic limit for the tiers under 6 MGD. The CitV implements an approved Industrial Pretreatment Program.The Division received a SOC application from the City on 12/29/15 due to the WWTP's inability to comply with the effluent thallium limits placed in the current permit (effective 6/1115). SOC became effective July 18 2016, removing the daily maximum limit for Thallium sampling and increasing the monthly average to 60.1 ug/L. Record Keeping Yes No NA NE 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? M ❑ ❑ ❑ Is the chain -of -custody complete? M ❑ ❑ ❑ 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? M ❑ ❑ ❑ (If the facility is = or > 5 MGD permitted flow) Do they operate 24/7 with a certified operator ❑ ❑ M ❑ on each shift? Is the.ORC visitation log available and current? i ❑ ❑. ❑ Is the ORC certified at grade equal to or higher than the facility classification? M ❑ ❑ ❑ 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? 0 ❑ ❑ ❑ Facility has copy of previous year's Annual Report on file for review? ❑ ❑ ❑ ■ Page# 3 Permit: NCO020737 Inspection Date: 01/28/2020 Record Keeping Owner -Facility: Pilot Creek WVVrP Inspection Type: compliance Evaluation Yes No PIA PIE Comment: The records reviewed during the inspection were organized and well maintained. DMRs, COCs ORC visitation log Bench sheets and calibration lops were reviewed for the period October 2019 through December 2019. Laboratory Yes No NA NE Are field parameters performed by certified personnel or laboratory? M ❑ ❑ ❑ Are all other parameters(excluding feld parameters) performed by a certified lab? 0 ❑ ❑ ❑ # Is the facility using a contract lab? M ❑ ❑ ❑ # 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: Influent and effluent analyses are performed under the City's certified laboratory #222. Shealy Labs (metals priority pollutants total phosphorus, total nitrogen, oil & grease, Thallium) and ETT IncAoxicity) have also been contracted to provide analytical support. Influent Sampling Yes No NA NE # Is composite sampling flow proportional? ® ❑ ❑ ❑ Is sample collected above side streams? ® ❑ ❑ ❑ 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 sampling performed according to the permit? ❑ ❑ ❑ Comment: The subject permit requires influent composite BOD and TSS samples. The facility staff perform and document monthly aliquot verifications. Influent pH levels are continuously monitored by an in -line monitoring system. Effluent Sampling Yes No NA NE Is composite sampling flow proportional? ® ❑ ❑ Is sample collected below all treatment units? ® ❑ ❑ ❑ Is proper volume collected? ® ❑ ❑ ❑ Is the tubing clean? i ❑ ❑ ❑ # Is proper temperature set for sample storage (kept at less than or equal to 6.0 degrees 0 ❑ ❑ ❑ Celsius)? Is the facility sampling performed as required by the permit (frequency, sampling type M ❑ ❑ ❑ representative)? Page# 4 Permit: NCO020737 Inspection Date: 01/2812020 Effluent Sampling Owner -Facility: Pilot Creek WWTP Inspection Type: Compliance Evaluation Yes No NA NE Comment: The subject permit requires_ composite and grab effluent samples. The facility staff perform and document monthly aliquot verifications Upstream / Downstream Sampling Yes No NA NE Is the facility sampling performed as required by the permit (frequency, sampling type, and ® ❑ ❑ ❑ sampling location)? Comment: Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ❑ ❑ ❑ 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 staff incorporate a comprehensive process control program with all measurements being properly documented and maintained on -site. Overall the waste treatment unit is continually improving. The facilty has purchased a SCADA system and corrected the uneven weirs in clarifier #4. The following items still need to be addressed: 1.The weir in clarifier #3 showed advanced signs of rusting: 2 Dead spots were observed in all three (3) aeration basins. Mixers, in addition to the existing diffusers, would potentially eliminate the observed dead spots. 3.Grit was observed in downstream treatment units including the chlorine contact chamber. A grit removal system would greatly improve treatment and efficency significantly reduce the accumulation of grit in other treatment units. Pump Station - Influent Yes No NA NE Is the pump wet well free of bypass lines or structures? 0 ❑ " ❑ ❑ Is the wet well free of excessive grease? M ❑ ❑ ❑ Are all pumps present? ❑ ❑ ❑ Are all pumps operable? M ❑ ❑ ❑ Are Float controls operable? 0 ❑ ❑ ❑ Is SCADA telemetry available and operational? 0 ❑ ❑ ❑ Is audible and visual alarm available and operational? ❑ ❑0 ❑ Comment: Both screw pumps were operational and Inserylce. Bar Screens Type of bar screen a.Manual b.Mechanical Yes No NA NE El Page# 5 ,74 Permit: N00020737 Owner - Facility: Pilot Creek VNNTP Inspection Date: 01/28/2020 Inspection Type: Compliance Evaluation Bar Screens Yes No NA NE Are the bars adequately screening debris? N ❑ ❑ ❑ Is the screen free of excessive debris? 0 ❑ ❑ ❑ Is disposal of screening in compliance? ■ ❑ ❑ ❑ Is the -unit in good condition? ® ❑ ❑ ❑ Comment: Screenings are disposed at the Cleveland County Landfill.Grit was observed in downstream treatment units including the chlorine contact chamber. A grit removal system would greatly improve treatment of iicency and significantly reduce the accumulation of grit in other treatment units Flow Measurement - Influent Yes No NA NE # 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: The influent flow meter is calibrated annually. Aeration Basins Yes No NA NE Mode of operation Ext. Air Type of aeration system Diffused Is the basin free of dead spots? ❑ ® ❑ ❑ Are surface aerators and mixers operational? ❑ ❑ ❑ Are the diffusers operational? ® ❑ ❑ ❑ Is the foam the proper color for the treatment process? ® ❑ ❑ ❑ Does the foam cover less than 25% of the basin's surface? ® ❑ ❑ ❑ Is the DO level acceptable? S ❑ ❑ ❑ Is the DO level acceptable?(1.0 to 3.0 mg/1) ❑ ❑ ❑ Comment: Dead spots were evident in all 3 aeration basins. Mixers, in addition to the existing diffusers, would potentially eliminate the observed dead spots. All three aeration basins were operational and inservice. Sodium hydroxide is added to the aeration basin influent to maintain appropriate alkalinity/pH levels. Chemical Feed Is containment adequate? Is storage adequate? Are backup pumps available? Is the site free of excessive leaking? Yes No NA NE ®❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ Page# 6 Permit: NCO020737 Owner - Facility: Pilot Creek VWVrP Inspection Date: 01/28/2020 Inspection Type: Compliance Evaluation Chemical Feed Yes No NA NE Comment: Secondary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? 0 ❑ ❑ ❑ Is the site free of excessive buildup of solids in center well of circular clarifier? 0 ❑ ❑ ❑ Are weirs level? 0 ❑ ❑ ❑ Is the site free of weir blockage? ❑ ❑ ❑ Is the site free of evidence of short-circuiting? M. ❑ ❑ ❑ Is scum removal adequate? ! ❑ ❑ ❑ Is the site free of excessive floating sludge? M ❑ ❑ ❑ Is the drive unit operational? ❑ ❑ ❑ Is the return rate acceptable (low turbulence)? ❑ ❑ ❑ Is the overflow clear of excessive solids/pin floc? M ❑ ❑ ❑ Is.the sludge blanket level acceptable? (Approximately'Y4 of the sidewall depth) M ❑ ❑ ❑ Comment: 3 (1,3A clarifiers were in service. The weir at the 3rd clarifier showed advanced signs of rusting. Pumps-RAS-WAS Yes No NA NE Are pumps in place? ■ ❑ ❑ ❑ Are pumps operational? M. ❑ ❑ ❑ Are there adequate spare parts and supplies on site? ❑ ❑ 0 ❑ Comment: Disinfection -Gas Are cylinders secured adequately? Are cylinders protected from direct sunlight? Is there adequate reserve supply of disinfectant? Is the level of chlorine residual acceptable? Is the contact chamber free of growth, or sludge buildup? Is there chlorine residual prior to de -chlorination? Does the Stationary Source have more than 2500 Ibs of Chlorine (CAS' No. 7782-50-5)? If yes, then is there a Risk Management Plan on site? If yes, then what is the EPA twelve digit ID Number? Yes No NA NE • ❑ ❑ ❑ • ❑ .❑ ❑ ■ ❑ ❑ ❑ ■ ❑ ❑ ❑ ■ ❑ ❑ ❑ ■ ❑ ❑ ❑ ■ ❑ ❑ ❑ .0 ❑ ❑ ❑ Page# 7 ' Permit: NC0020737 Owner - Facility: Pilot Creek WWTP Inspection Date: 01/28/2020 Inspection Type: Compliance Evaluation Disinfection -Gas Yes No NA NE If yes, then when was the RMP last updated? 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? Comment: Are the tablets the proper size and type? Are tablet de -chlorinators operational? Number of tubes in use? 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: The flow meters (end of each chlorine contact chamber) are calibrated annually l 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: Did not examine the outfall Aerobic Digester Is the capacity adequate? Is the mixing adequate? Is the site free of excessive foaming in the tank? # Is the odor acceptable? # Is tankage available for properly waste sludge? Yes No NA NE Gas • ❑ '❑ ❑ • ❑ ❑ ❑ ❑ ❑ ■ ❑ ❑ ❑ M ❑ ❑ ❑ ■ ❑ Yes No NA NE M ❑ ❑ ❑ ®❑ ❑ ❑ ■ ❑ ❑ ❑, ❑ ❑ ❑ M Yes No NA NE ❑ ❑ ❑ ■ ❑ ❑ ❑ ■ ❑ ❑ ❑ Yes No NA NE M ❑ ❑ ❑ ■ ❑ ❑ ❑ ■ ❑ ❑ ❑ M ❑ ❑ ❑ ❑ ❑ ❑ Page# 8 Permit: NC0020737 Owner - Facility: Pilot Creek VVWTP Inspection Date: 01/28/2020 Inspection Type: Compliance Evaluation Aerobic Digester Yes No NA NE Comment: Both aerobic digesters were operational and in-service. Solids Handling Equipment Yes No NA NE Is the equipment operational? 0 ❑ ❑ ❑ Is the chemical feed equipment operational? ® ❑ ❑ ❑ Is storage adequate? ❑ ❑ 0 ❑ Is the site free of high level of solids in filtrate from filter presses or vacuum filters? ❑ ❑ ❑ i 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 belt press was not running at time of the inspection. Standby Power Yes No NA NE' Is automatically activated standby power available? ® ❑ ❑ ❑ Is the generator tested by interrupting primary power source? ■ ❑ ❑ ❑ Is the generator tested under load? ® ❑ ❑ ❑ Was generator tested & operational during the inspection? ❑ ❑ ❑ N Do the generator(s) have adequate capacity to operate the entire wastewater site? ® ❑ ❑ ❑ Is there an emergency agreement with a fuel vendor for extended run on back-up power? M 1:11 ❑ ❑ Is the generator fuel level monitored? M ❑ ❑ ❑ Comment: The facility is equipped with two backup generators. The smaller generator powers the blowers for aeration basin #3 and the larger generator powers the rest of the plant. Page# 9 ROY COOPER Governor MICHAEL S. REGAN .Secretory S. DANIEL SMITH Director CERTIFIED MAIL #:70161370 0000 2595 8259 RETURN RECEIPT REQUESTED . - Rick Duncan, Water Resources Director City of Kings Mountain Post Office Box 429 Kings Mountain, North Carolina 28086 Dear Mr. Duncan: NORTH CAROUNA Environmental Quality 11 February 2020 Subject: Notice of Violation Pretreatment Compliance Inspection City of Kings Mountain NPDES Permit No. NCO020737 Cleveland County Tracking #: NOV-2020-PC-0075 Enclosed is a copy of the Pretreatment Compliance Inspection Report for the inspection of the City of Kings Mountain's approved Industrial Pretreatment Program on January 14, 2020, by Mr. Wes Bell of this Office. This report is being issued as a Notice of Violation due to the City's failures to properly implement the Pretreatment Program, violations of North Carolina General Statute (G.S.) 143-215.1, 15A North Carolina Administrative Code (NCAC) 2H .0905, and the subject NPDES Permit. Specifically, the City failed to initiate enforcement within thirty (30) days as stipulated in the Division approved Enforcement Response Plan (ERP) on CVG for limit and reporting violations and KMI for reporting violations during the second half of 2019. In addition, the City failed to adhere to all of the IUP sampling methods during both semi-annual monitoring periods at Cormetech in 2019. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. It is requested that a written response be submitted to this Office by March 6, 2020, addressing the City's actions to prevent the recurrence of these violations. The response must also include the City's actions (including copies of the letters) to address the rescissions of multiple enforcement actions on Cormetech during the 2019 monitoring events as discussed further in Comments and Summary Sections of the attached report. In responding, please address your comments to Mr. Bell. D-E pep mnemt of Emdamm�nW mmA� . North Carolina Department of Environmental Quality i Division of Water Resources Mooresville Regional Office' 610 East Center Avenue, Suite 301 Mooresville. North Carolina 28115 704,b63.1699 'Mr. Rick Duncan Page Two 11 February 2020 The report should be self-explanatory; however, should you have any questions concerning this report, please do not hesitate to contact Mr. Bell at (704) 235-2192 or at wes.bell(ancdenngov. Sincerely, DocuSigned by: A14CC681AF27425... W. Corey Basinger, Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, DEQ Enclosure: Inspection Report NORTH CAROLINA DIVISION. OF WATER RESOURCES PRETREATMENT COMPLIANCE INSPECTION (PCI) REPORT BACKGROUND INFORMATION: 1. Control Authority (POTW) Name: City of Kings Mountain 2. Control Authority Representative(s): Richelle Meek, Jason Davis 3. Title(s): WWTP Supervisor, Pretreatment Coordinator 4. Last Inspection Date: 1/16/19 Inspection Type: ® PCI ❑ Audit 5. Has Program Completed All Requirements from the Previous Inspection and Program Info Sheet(s)? ®'YES ❑ NO 6. Is POTW under an Order That Includes Pretreatment Conditions? Z YES ❑ NO Order Type, Number, Parameters: SOC WQ S16-001 Ad I; Prepare and issue modified SIU Permit by 3/31/16 (met); Quarterly status reports by (January 1, April 1, July 1, October 1); Attain Compliance with NPDES Limit (thallium) by 8/31/2020. Are Milestone Dates Being Met? ® YES ❑ NO ❑ NA ICIS CODING Main Program Permit Number MM/DD/YY N1d-nn1n7t7 tl1 /14/7,07n 7. Current Number Of Significant Industrial Users (SNs)? 7 S. Number of SNs With No IUP, or With an Expired IUP? 0 9. Number of SNs Not Inspected By POTW in the Last Calendar Year? 0 10. Number of SNs Not Sampled By POTW in the Last Calendar Year? 0 11. Number of.SIUs In SNC For Limits Violations During Either of the Last 2 Semi -Annual Periods 0 12. Number of SNs in SNC For Reporting During Either of the Last 2 Semi -Annual Periods 1 0. Number. of SNs in, SNC with Pretreatment Schedule? 0 14. Number of SNs on Schedules? 1 15. Current Number of Categorical Industrial Users (CIUs)? 7 16. Number CIUs in SNC? 1 POTW INTERVIEW 17. Since the Last PCI, has the POTW had any NPDES Limits Violations? If Yes, What are the Parameters and How are these Problems Being Addressed? 18. Since the Last PCI, has the POTW had any Problems Related to an Industrial Discharge (Interference, Pass -Through, Blockage, Citizens' Complaints, Increased Sludge Production, Etc.)? If Yes, How are these Problems Being Addressed? 19. Which Industries. have been in SNC for Limits or Reporting during SNC foi either of the Last 2 Semi -Annual Periods? Not Been Published for SNC fo. Public Notice?(May refer to PAR if Excessive SNs in SNC) Not Pu 20. Which Industries are on Compliance Schedules or Orders? For all SIUs on an Order, Has a Signed Copy of the Order been sent to the Division? 21. Are Any Permits Or Civil Penalties Currently Under Adjudication? If Yes, Which Ones? ® YES [:]NO See Comments ❑ YES ® NO Limits: None Reporting: Cormetech dished: N/A . Cormetech, Yes []YES ® NO LTMP/STMP FILE REVIEW: 22. Is LTMP/STMP Monitoring Being Conducted at Appropriate Locations and Frequencies? ® YES ❑ NO 23. Are Correct Detection Levels being used for all LTMP/STMP Monitoring? ® YES ❑ NO 24. Is LTMP/STMP Data Maintained in a Table or Equivalent? ® YES ❑ NO Is Table Adequate? ® YES ❑ NO 25. All LTMP/STMP effluent data reported on Discharge Monitoring Report? ® YES ❑ NO 26. If NO to 23 - 26, list violations: 27. Should any Pollutants of Concern be Eliminated from or Added to LTMP/STMP? ❑ YES ® NO If yes, which ones? Eliminated: Added: NC DWR Pretreatment Compliance Inspection (PCI) Form (.:!rila?eii 712i.:O7 Paget 29_ PRETREATMENT PROGRAM ELEMENTS REVIEW: Program Element NCO020737 Last Submittal Received Date In file? Last Approval Date In file Date Next Due, If Applicable Headworks Analysis (HWA) 2/1/19 ® Yes ❑ No 2/18/19 ® Yes ❑ No 9/1/20 Industrial Waste Survey IWS 11/27/19 ® Yes ❑ No 12/1/15 ® Yes ❑ No In Review Sewer Use Ordinance SUO 10/4/13 ® Yes ❑ No 10/10/13 ® Yes ❑ No Enforcement Response Plan (ERP) 1/10/14 ® Yes ❑ No 3/11/14 ® Yes ❑ No Long Term Monitoring Plan (LTMP) 12/2/15 ® Yes ❑ No 4/1/16 ® Yes ❑ No INDUSTRIAL USER PERMIT (IUP) FILE REVIEW: 29. User Name 11 1. CVG 2. KMI 3. Cormetech 30. IUP Number 026 031 032 31. Does File Contain Current Permit? ® Yes ❑ No ® Yes ❑,No ® Yes ❑ No 32... Permit Expiration Date 8/25/2021 6/15/2020 J1 . 7/18/2621 33. Categorical Standard Applied (I.E. 40 CFR, Etc.) Or N/A -433 433 433 34. Does File Contain Permit Application Completed Within One Year Prior ® Yes ❑ No ®Yes ❑ No ® Yes ❑ No • 1 to Permit Issue Date? 35. Does File Contain an Inspection Completed Within Last Calendar Year? ® Yes ❑ No 11 ® Yes _❑ No I ® Yes ❑ No �6. a. Does the File Contain aSlug/Spill Control Plan? a. ®Yes ❑No a. ®Yes ❑No a. ®Yes DIN b: If No, is One Needed? (See Inspection Form from POTW) b. []Yes ❑No b. ❑Yes ❑No 11 b. ,❑Yes ❑No 37. For 40 CFR 413 and 433 TTO Certification, Does File Contain a Toxic ®Yes❑No❑N/A ®Yes❑No❑N/A ®Yes❑No❑N/A Organic Management Plan (TOMP)? 38. a. Does File Contain Original Permit Review Letter from the Division? ®Yes ❑No RoYesoKog]N/A a. ®Yes ❑No IF a. ®Yes ❑No b. All Issues Resolved? b.❑Yes❑No®N/A 11 b.❑Yes❑No®N/A 39. During the Most Recent Semi -Annual Period, Did the POTW Complete ® Yes ❑ No ® Yes El No ❑ Yes ® No its Sampling as Required b IUP, including flow? 40. Does File Contain POTW Sam lin Chain -Of -Custody Forms? I ® Yes ❑ No 11 ® Yes ❑ K7ol ® Yes ❑ No 41a. During the Most Recent Semi -Annual Period, Did the SIU Complete its ®Yes❑No❑N/A ®Yes❑No❑N/A ®Yes❑No❑N/A Sampling as Required by.lUP, including flow? 41b. During the Most Recent Semi -Annual Period, Did SIU submit all reports ®Yes❑No❑N/A ®Yes❑No❑N/A ®Yes❑No❑N/A on time? 42a. For categorical [Us with Combined Wastestream Formula (CWF), does ❑Yes❑No®N/A ❑Yes❑No®N/A_]j ❑Yes❑No®N/A file includeprocess/dilution flows as Required by IUP? 42b. For categorical IUs with Production based limits, does file include ❑Yes❑NoON/A ❑Yes❑No®N/A17CINoON/A production rates and/or flows as Required b IUP? 43a. During the Most -Recent Semi -Annual Period, Did the POTW Identify ®Yes❑No❑NA ®Yes❑No❑N/A ®Yes❑No❑N/A All Limits Non -Compliance from Both POTW and SFU Sampling? 43b. During the Most Recent Semi -Annual Period, Did the POTW Identify ®Yes❑No❑N/A ®Yes❑No❑N/A ®Yes❑No❑N/A All Reporting Non -Compliance from SIU Sampling? 44. a. Was the POTW Notified by SIU (Within 24 Hours) of All Self- a.❑Yes®No❑N/A a.❑Yes®No❑N/A a.❑Yes❑No®N/A Monitoring Violations? b. Did Industry Resample and submit results to POTW Within 30 Days? b.❑Yes❑No®N/A b.❑Yes❑No®N/A b.❑Yes❑No®N/A c. Did POTW resample within 30 days of knowledge of SIU limit c.❑Yes❑No®N/A c.❑Yes❑No®N/A c.❑Yes❑No®N/A violations from the POTW sample event? 45. During. the Most Recent Semi -Annual Period, Was the SIU in SNC? ❑ Yes ® No 11 ❑ Yes ® No ® Yes ❑ No 46. During the Most Recent Semi -Annual Period, Was Enforcement Taken ❑Yes®No❑N/A ❑Yes®No❑N/A ❑Yes®No❑N/A as Specified in the POTW's ERP OVs, Penalties, timin , etc.)? 47. Does the File Contain Penalty Assessment Notices? '❑Yes❑No®N/A ❑Yes❑No®N/A ®Yes❑No❑N/A 48. Does The File Contain Proof Of Penalty Collection? ❑Yes❑No®N/A ❑Yes❑No®N/A 11 ❑Yes❑NoON/A 49. a. Does the File Contain Any Current Enforcement Orders? a.❑Yes❑No®N/A a.❑Yes❑No®N/A a.®Yes❑No❑N/A b. Is SIU in Compliance with Order? b.❑Yes❑No®N/A b.❑Yes❑No®N/A b.®Yes❑No❑N/A 50. Did the POTW Representative Have Difficulty in Obtaining Any of This ❑ Yes ® No ❑ Yes ® No []Yes ® No Requested Information For You? NC DWR Pretreatment Compliance Inspection (PCI) Form Undated 7i25107 Page FILE REVIEW COMMENTS: 17. NPDES Effluent Limit Violations: August 2019 - Arsenic (2-daily maximum and monthly average); October 2019 — Total Residual Chlorine (2-daily maximum) and Ammonia (weekly average and monthly average); November 2019 — Ammonia (monthly average). 35. The POTW performed SIU inspections on 12/10/19 (CVG), 12/9/19 (KMI) and 12/13/19 (Cormetech). 39. The POTW's on -site laboratory performs BOD, TSS, ammonia, and pH analyses. Shealy Environmental Services, Inc. has been contracted to perform the analyses of all remaining LTMP parameters. The POTW failed to collect composite BOD and TSS samples (as required by the IUP) during the second half of 2019 sampling event at Cormetech (only grab samples were collected). In addition, the POTW failed to collect any of the IUP- required composite samples during the first half of 2019 at Cormetech (only grab samples were collected). 41a. The SIUs contract the following laboratories to perform analyses: PAR Laboratories (CVG); Pace Analytical Services, Inc. (KMI); and Shealy Environmental Services (Cormetech). 43b. POTW enforcement actions: CVG was issued a NOV on 1.1/7/ 19 for zinc limit violations in August 2019 and the failure to report the violations within 24 hours.- CVG was also issued a NOV on 12/18/19 for the failure to calibrate the flow meter. KMI was issued a NOV on 11/13/19 for nickel limit violations in September 2019 and the failure to report violations within 24 hours. KMI was also issued a Notice of NonCompliance on 11/13/19 for the failures to properly report values on the IDMR for August 201 % September 2019, and October 2019. Cormetech was issued a NOV and civil penalty ($128,271.68) for reporting violations (flow data) that occurred in 2016- 2017. The POTW did not become aware of these violations until 2019. The EPA CID performed an investigation on these reporting violations which resulted in criminal convictions of a Cormetech employee. 46. The POTW failed to initiate enforcement actions (within 30-days) according to the Division approved ERP to CVG (August 2019 zinc violations) and KMI (failure to properly report results on August, September and October 2019 IDMRs). The NOVs and civil penalties issued to Cormetech in December 2019 for the October 2019 limit violations (ammonia and cadmium) will have to be rescinded due to the POTW's failure to sample according to the IUP (composite instead of grab). SUMMARY AND COMMENTS: The records reviewed during the inspection were organized and well maintained. The SIU IUPs require the submittal of monitoring reports by the 20'h day of the following month samples are collected. The POTW must initiate appropriate enforcement actions within 30-days of receipt of this data as specified in the Division approved ERP. In addition, the POTW must ensure the sampling method (grab, composite, etc.) adheres to the IUP for compliance determinations. The POTW should review all enforcement actions to Cormetech in 2019 and rescind all applicable enforcement actions if the incorrect IUP sampling method was used (by POTW staff) to determine compliance. The review and rescission'of these enforcement actions must be completed and issued by February 28, 2020. NOD: ❑ YES ®NO NOV: EYES ❑ NO QNCR: ❑ YES ®NO POTW Rating: Satisfactory ❑ Marginal ® Unsatisfactory_ ❑ ["m596090=437... ��D//ocuDATE: Signedby: W- �a6o' PCI COMPLETED BY: . _ 2/ 5/ 2 020 Wes Bell, Environmental Specialist II NU 11wK Fre7reaffn—ent Compliance Inspection orm 71MIFI 777.17 age f DocuSigned by: , PCi REVIEWED BY: A14CC681AF27425... DATE: 2/11/2020 W. Corey Basinger, Regional Supervisor NC DWR Pretreatment Compliance Inspection (PCI) Form l.:pdatci ;;'j,'O? Page 4 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources December,19, 2006 222 Ms. Brenda Kay Barker City of Kings Mountain Pilot Creek Lab Route 6 200 Potts Creek Road Kings Mountain, NC 28086 Alan W. Klimek, P.E. Director Division of Water Quality `�a' Cv Sir J �i�o��ilb.l iiV 'S rt1 DEC 2 1 207t SUBJECT: Wastewater/Groundwater Laboratory Certification Renewal Dear Ms. Barker: The Department of Environment and Natural Resources, in accordance with the provisions of NC GS 143-215-.3 (a) (10), 15 NCAC 2H .0800, is pleased to renew certification for your laboratory to perform specified environmental analyses required by EMC monitoring and reporting regulations 15 NCAC 2B .0500, 2H .0900 and 2L .0100, .0200, .0300, and 2N .0100 through .0800. Enclosed for your use is a certificate describing the requirements and limits of your certification. Please review this certificate to insure that your laboratory is certified for all parameters required to properly meet your certification needs. Please contact your assigned inspector Chet Whiting at (704) 235-2201, if you have questions or need additional information. Sincerely, Pat Donnelly Branch Manager Enclosure cc: Chet Whiting Mooresville Regional Office Nose hCarolina Natima!!y Laboratory Section 1623 Mail Service Center Raleigh, NC 27699-1623 Phone (919) 733-3908 Customer Service Internet: www.d%vdlab.ora Location: 4405 Reedy Creek Rd. Raleigh, NC 27607 Fax (919) 733-6241 I-877-623-6748 An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper Attachment North Carolina Wastewater/Groundwater Laboratory Certification Certified Parameters Listing _ab Name: City of Kings Mountain Pilot Creek Lab Certificate Number: 222 address: Route 6 Effective Date: 01/01/2007 200 Potts Creek Road Expiration Date: 12/31/2007 Kings Mountain, NC 28086 Date of Last Amendment: the above named laboratory, having duly met the requirements of 15A NCAC 21-1.0800, is hereby certified for the measurement of the parameters listed below. CERTIFIED PARAMETERS NORGANICS 30D Std Method 5210B RESIDUAL CHLORINE Std Method 4500 Cl G COLIFORM FECAL Std Method 9222D (MF) CONDUCTIVITY Std Method 2510B DISSOLVED OXYGEN Std Method 4500 0 G . AMMONIA NITROGEN Std Method 4500 NH3 B pH Std Method 4500 H B RESIDUE SETTLEABLE Std Method 2540F RESIDUE DISSOLVED 180 C Std Method 2540C RESIDUE SUSPENDED Std Method 2540D TEMPERATURE Std Method 2550E This certification requires maintance of an acceptable quality assurance program, use of approved methodology, and satisfactory performance on evaluation samp�bE,, Laaboictories are subject to civil penalties and/or decertification for infractions as set forth in 15A NCAC 2H.0807. �oFwArFRP f�.jU— (3ovemor `Q G William G. Ross Jr., Secretary C? r North Carolina Department of Environment and Natural Resources 0 Alan W. Klimek, P.E. Director Division of Water Quality - December 14,.2006 Mr. Brian Ramsey City of Kings Mountain Post Office 429 Kings Mountain, North Carolina 28086 Subject: Pretreatment Audit Report City of Kings Mountain NPDES Permit No. NC0020737 Cleveland County, NC Dear Mr. Ramsey: Enclosed is.a copy of the Pretreatment Compliance Inspection Reportfor the inspection of the City of Kings Mountain's approved Industrial Pretreatment Program on December 12, 2006 by John Lesley of this Office. The City's Industrial Pretreatment Program is well organized and managed. It. is requested that a written response be submitted to this Office by no later than January 15, 2007 that details the results of the Toxicity Identification Evaluation conducted by Environmental Testing, Inc. Please address your response to my attention. The report should be self-explanatory; however, should you have any questions concerning this report, please do not hesitate to contact me at (704) 663-1699. Sincerely, ohn Lesley Acting Regional Supervisor Surface Water Protection Enclosure cc: Central Files Daryl Merritt, PERCS Unit Cleveland County Health. Department ©F�r'►� Nose Carolina itura!!y. NC ENR Mooresville Regional Office Division of Water Quality Phone 704-663-1699 Customer Service Internet: w%N w.ncwalerquali(V.or610 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 OF vv+,t9 � p Q NORTH CAROLINA DIVISION OF WATER QUALITY NCDENR PRETREATMENT AUDIT REPORT o Background Information (Complete prior to audit; review Program Info Database Sheet(s)] 1. Control Authority (POTW) Name: City of Kings Mountain 2. Control Authority Representative(s): Brian Ramsey 3. Title(s): Pretreatment Program Coordinator 4. Address of POTW: Mailing 1013 North Piedmont Avenue City Kings Mountain, NC Zip Code 28086 Phone Number 704-734-4524 Fax Number 704-730-2152 E-Mail brianr(&citvofkm.com 5. Audit Date 12/12/2006 6. Last Inspection Date:11/9/2005 Inspection Type: ® PCI ❑ Audit 7. Has Program Completed All Requirements from the Previous Inspection or Program Info Sheet(s) ? ® Yes ❑ No If No, Explain. 8. In the last year has the POTW experienced any NPDES or Sludge Permit compliance problems? ® Yes ❑ No If Yes, Explain. Toxicity test failures were reported in April, June and August 2006 (8/2006 test result ChV 23% - see Audit Comments Section. 9. Is POTW under an Order That Includes Pretreatment Conditions? ❑ Yes ® No Order Type and Number: Are Milestone Dates Being Met? ❑ Yes ❑ No ® NA Achieve Compliance Date: SOC expiration date: Parameters Covered Under Order PCS (WENDB)Coding Trans -Code Main Program Permit Number MM/DD/YY Inspec.Type Inspector Fac. Type INIC10 IO 12 IO 17 13 I7 I I12I12I06I Lfli LSLJ I I I (DTIA) (TYPI) (INSP) (FACC) 10. Current Number of Significant Industrial Users SIUS)? _ _ _ _ _ _ _ 7 SIUS 11. Current Number of qatSg2ric2.t Industrial Users (CIUS)?� _ _ 4 CIUS 12. Number of SIUs Not Inspected byPOTW in the Last Calendar Year? _ _ _ 0 13. Number of SIUs Not Sampled by POTW in the Last Calendar Year? 0 14. Enter the Homer Number of 12 or 13 _ _ 0 NOIN 15. Number of SIUs in SNC for Either Reporting or Limits Violations During Either of the Last 2 0 PSNC Semi -Annual Periods (Total Number of SIUs in SNC) 16. Number of SILTS with No ]UP, or with an Expired IUP 0 _............_....._..._._............_...__._.._..__...........__.._...._.........._....._...... .. _......._.._....._._...._._......._......_._._._.................._....._................__._...._. _ ..._._._.........., _ __ ......_..__ ...._......__.. _ __ _ __.__....._...__..___.._................-.. __ ...__..._. ..._........_............._._ ._.... _..._............... 17. Number of SIUs m SNC for ReportingDurm Either of the Last 2Semi-Annual Periods 0 MSNC 18. Number of SIUs in SNC for Limits Violations During Either of the Last 2 Semi -Annual Periods 0 19. Number of SIUs in SNC for Both Reporting and Limits Violations During Either of the Last 2 0 Semi -Annual Periods 20. Number of SIUs in SNC for Self -Monitoring Requirements that were Not Inspected or Sampled 0 SNIN North Carolina Pretreatment Audit Form Page 1 PRETREATMENT PROGRAM ELEMENTS REVIEW 'Please review POTW files, verify POTW has submitted Program ..r'., ;ti. o ..nrtinn �nn„mnnrc n"A ARR('C ATT1YAVnt T Pttt-r and Antt-s art- rnnsictent with Prnomm infn- Program Element Last Submittal Date In file? Last Approval Date In rile Date Next Due, If Applicable Headworks Analysis (HWA) 916/05 ® Yes ❑ No 9/20/05 ® Yes ❑ No 9/1/10 Industrial Waste Survey (IWS) 12/13/04 Yes ❑ No 12/30/04 ® Yes ❑ No 12/1/09 Sewer Use Ordinance (SUO) 4/13/01 ® Yes ❑ No 9/217/01 ® Yes ❑ No 6/1/07 Enforcement Response Plan (ERP) 8/24/94 ®Yes ❑ No 8/25/94 ® Yes ❑ No Long Term Monitoring Plan (LTMP) 9/6/05 ® Yes ❑ No 9/20/05 ® Yes ❑ No Legal Authority (Sewer Use Ordinance-SUO) 22. Do you have any towns and/or areas from which you receive wastewater which are not in your annexed jurisdiction? ❑ Yes ® No If yes, Please list these towns and/or areas. 23. If yes to #22, Do you have current lnterjurisdictional Agreements (IJAs) or other Contracts? ❑ Yes ❑ No ® NA A copy, if not already submitted, should be sent to Division. 24. If yes to #22, Have you had any trouble working with these towns or districts? ❑ Yes ❑ No ® NA If yes, Explain. 25. Date of Last SUO Adoption by Local Council 3/27/01 26. Have you had any problems interpreting or enforcing any part of the SUO? ❑ Yes 0 No If yes, Explain. Enforcement (Enforcement Response Plan-ERP) 27. Did you send a copy of the ERP to -your industries? ® Yes ❑ No If no, POTW must send copy within 30 days. 28. Have you had any problems interpreting or enforcing any part of the ERP (i.e. any adjudication, improper enforcement, etc? ❑ Yes ® No If yes, Explain. 29. List Industries under a Schedule or Order and Type of Schedule or Order None Resources 30 Please Rate the Following: S=Satisfacto M=Mar i al U=Unsatisfactory Rating Explanation, if Unsatisfactory Personnel Available for Maintaining POTW's Pretreatment Program ®S ❑M ❑U Access to POTW Vehicles for Sampling, Inspections, and ®S ❑M ❑U Emergencies Access to Operable Sampling Equipment ®S ❑M ❑U Availability of Funds if Needed for Additional Sampling and/or Analysis ®S ❑M ❑U Reference Materials ®S ❑m ❑U Staff Training (i.e. Annual and Regional Workshops, Etc.) ®S ❑M nu. Computer Equipment (Hardware and Software) ®S ❑M ❑U North Carolina Pretreatment Audit Form Page 2 3 L' Does the POTW have an adequate data management system to run the pretreatment program? ® Yes ElNo Explain Yes or No. Computer spreadsheets, internet access, email 32. How does the POTW recover the cost of the Pretreatment Program from their industries? Explain. Pretreatment fees are collected monthly. Public Perception/ Participation 33. Are there any local issues affecting the pretreatment program (e.g.. odor, plant closing, new or proposed plants)? ❑ Yes 2 No If yes, Explain. 34. Has any one from the public ever requested to review pretreatment program files? ❑ Yes ® No If yes, Explain procedure. If no, How would the request be addressed? Reviewer could set up a time to review the files, files cannot leave premises, copier is provided. 35. Has any industry ever requested that certain information remain confidential from the public? ❑ Yes ® No If yes, Explain procedure for determining whether information qualified for confidential status, as well as procedure for keeping files confidential from public. If no, how would the request be addressed?. If the material was a trade secret (formulas or equipment with a patent pending etc.) the file would be placed in a locked cabinet, clearly stamped confidential, and sealed. 36. In addition to annual inspection, does the POTW periodically meet with industries to discuss pretreatment? ® Yes ❑ No 37. Is the public notified about changes in the SUO or Local Limits? ® Yes ❑ No 38. Were all industries in SNC published in the last notice? ® Yes No Permitting (Industrial Waste Survey-IWS) 39a... How does the POTW become aware of new or changed Users? The long Survey Form is given to new useres when . the billing accounts are set up. 39b. Once the POTW becomes aware of new or changed Users, how does the POTW determine which industries have the reasonable potential to adversely impact the WWTP and therefore require a new permit or a permit revision? (Who is an SIU?) From information on the application (see above), regulatory requirements defining an SIU etc. 40. Does the POTW receive waste from any groundwater remediation projects (petroleum, CERCLA) or landfill leachate? nYes ®No If Yes, How many are there? Please list each site and how it is permitted, if applicable. 41. Does the POTW accept waste by (mark if applicable) ❑ Truck ODedicated Pipe ® NA 42. If the POTW accepts trucked waste, what controls are placed on this waste? (example. designated point, samples drawn, manifests required) NA 43. How does the POTW allocate its loading to industries? Mark all that apply ❑ Uniform Limits ® Historical Industry Need ❑ By Surcharge ® Categorical Limits ❑ Other Explain Other: 44. Review copies of current allocation tables for each WWTP. Are there any over allocations? ❑ Yes ® No If yes, What parameters are over allocated? 45. If yes to #44, What is being done to address the over allocations? (short-term IUPs, HWA to be revised, pollutant study, etc.) NA 46. Does the POTW keep pollutant loading in reserve for future growth / safety? ® Yes ❑ No If yes, what percentage of each parameter 20% 47. Has the POTW experienced any difficulty in allocation? (for example: adjudication by an industry) ❑ Yes ® No If yes, Explain. 48. How does the POTW decide on which pollutants to limit in the permits? Monitor for? (for example: were only those pollutants listed on the application limited; categorical parameters; NPDES Pollutants of Concern) Categorical parameters, NPDES Pollutants of concern, potential to impact WWTP. North Carolina Pretreatment Audit Form Page 3 How does the POTW decide what the monitoring frequency should be for the various' pollutants in industry permits ?, Explain Quarterly sampling on all NPDES pollutants of concern and other pollutants to determine potential to' impact. Permit Compliance 50. Does the POTW currently have or during the past year had any permits under adjudication? ❑ Yes ® No If yes, which industries? . What was (will be) the outcome of the adjudication? 51. Demonstrate how the POTW judges compliance. This should include compliance judgment on all violations of limits, reporting requirements, and permit conditions, as well as. for SNC. SNC is determined by CJP calculation in Comp Guide, reporting is due on the 2e day of the next month, if 33% of the reports are not -received by then the SW is in SNC. 52. Does the POTW use the Division's model inspection form or equivalent? ® Yes ❑ No If no, does the POTW form include all DWQ data? ❑ Yes ❑ No 53. Were all SIUs evaluated for the need of a slug and spill control plan during their. most recent inspections? ® Yes ❑ No If no, Explain. 54. What criteria are used to determine if a slug control plan is -needed? All users must have a slug control plan. 55. What criteria does the POTW use to review a submitted slug control plan? Current contact information, schematic of facility indicating storage areas, containment areas , and floor drains. 56. How does the POTW decide where the sample point for an SIU should be located? Isolates the process flow from the other discharges. 57. Has the POTW established a procedure to ensure that representative samples will be taken by the POTW or SIU each time? (example: correct location; proper programming of sampler, clean equipment; swirling the sample bucket uniformly) POTW: ® Yes ❑ No SIU: ® Yes ❑ No If yes, explain. POTW demonstrates sampling procedures for SIU. POTW staff has an SOP for sampling. 58. Who performs sample analysis for the POTW for the following parameters: Metals PAR Labs Conventional Parameters PAR Labs Organics PAR Labs 59. Explain the Chain of Custody Procedure used for both in house and commercial lab samples. The PAR Lab commercial lab chain of custody forms are used for all samples. No pertreatment samples are conducted in house. LTMP samples must meet chain of custody procedures required by NPDES Permit and Laboratory Certification Section. Long Term Monitoring Plan (LTMP) and Headworks Analysis (HWA) 60. Is LTMP maintained in a table? ® Yes ❑ No Review Data and Explain. Data is maintained electronically and is complete and up to date. Verified that LTMP effluent data is reported on the Discharge Monitoring Report? ® Yes ❑ No 61. Do you complete your own headworks analysis (HWA) ? ® Yes ❑ No If no, Who completes your HWA? Phone 62. Do you have plans to revise your HWA in the near future? ❑ Yes ® No If yes, What is the reason for the revision? (mark all that apply) ❑Increased average flow ❑NPDES limits change ❑More LTMP data available Explain. ❑Resolve over allocation 63. In general, what is the most limiting criteria of your HWA? ®Inhibition . ❑ Pass Through ❑Other ❑5 year expiration ❑Sludge Quality 64. Do you see any way to increase your loading in the future (Example: obtaining more land for sludge disposal)? ❑ Yes ❑ No Explain. Not necessary, reserve capacity is available - North Carolina Pretreatment Audit Form Page 4 Summary 65. Do you plan any significant changes to the pretreatment program or changes to the WWTP that may affect pretreatment? No INDUSTRIAL USER PERMIT QUP) FILE REVIEW (3 IUP FILE REVIEWS) 66. User Name l . Spectrum 2. Buckeye 3. Eaton 67. IUP Number 001 015 008 68. Does File Contain Current Permit? ® Yes El No 11 0 Yes ❑ No ®Yes ❑ No 69. Permit Expiration Date 11/17/11 11/17/11 11/17/11 70. Categorical Standard Applied .E. 40 CFR, Etc. Or N/A 410 433 433 71. Does File Contain Permit Application Completed Within One Year Prior to Permit Issue Date? Yes ❑ No 0 Yes ❑ No ® Yes ❑ No 72. Does File Contain an Inspection Completed Within Last Calendar Year? ®Yesri No 11 ® Yes ❑ No ®yes ❑ No 73. a. Does the File Contain a Slug Control Plan? b. If No, is One Needed? See Inspection Form from POT a. ®Yes ❑No a. ®Yes ❑No b. ❑Yes ❑No b. ❑Yes []No a. ®Yes []No b. ❑Yes ❑No 74. For 40 CFR 413 and 433 TTO Certification, Does File Contain a Toxic Organic Mana ement Plan TOMP ? ❑Yes❑No®N/A ®Yes❑No❑N/A ®Yes❑No❑N/A 75. a. Does File Contain Original Permit Review Letter from the Division? b. All Issues Resolved? a. ®Yes ❑No a. '®Yes ❑No [b.coyesmom/A b.®Yes❑No❑N/A a. ®Yes ❑No b.®Yes❑No❑N/A 76. During the Most Recent Semi -Annual Period, Did the POTW Complete its Sam lin as Required b IUP? ® Yes ❑ nYes ❑ No ® Yes [INo 77. Does File Contain POTW Sampling Chain-Of-CustodyForms? ® Yes ❑ No O Yes ❑ No ®Yes ❑ No 78. During the Most Recent Semi -Annual Period, Did the SILT Complete its Sampling as Required by IUP? ®Yes❑No❑N/A ®Yes❑No❑N/A ®Yes❑No❑N/A 70. Does SamplingSopling Indicate Flow or Production? ®Yes❑No❑N/A ®Yes❑No❑N/A ®Yes❑No❑N/A 80. During the Most Recent Semi -Annual Period, Did the POTW Identify All Non -Compliance from Both POTW and SIU Sampling? ®Yes No ®Yes ❑ No ® Yes ❑ No 81. a. Was the POTW Notified by SIU (Within 24 Hours) of All'Self- Monitoring Violations? b. Did Industry Resam le Within 30 Pays? aaYes❑No❑N/A b. ®Yes ❑No aaYes❑No❑N/A . b. ®Yes []No a.®Yes❑No❑N/A b. ®Yes ❑No 82. Was the SIU Promptly Notified of Any Violations (Per ERP)? ®Yes❑No❑N/A [Eyes ❑No❑N/A ®Yes❑No❑N/A 83. _ Duringthe Most Recent Semi -Annual Period, Was the SILT in SNC? ❑ Yes ® No ElYes ® No 11 ❑ Yes ® No 84. During the Most Recent Semi -Annual Period, Was Enforcement Taken as Specified in the POTW s ERP? ❑Yes❑No®N/A pYes❑No®N/A ❑Yes❑NoON/A 85. Does the File Contain Penalty Assessment Notices? ❑Yes❑NoON/A ❑Yes❑No®N/A ❑Yes❑NOON/A 86. )Does The File Contain Proof Of Penalty Collection? ❑Yes❑NoON/A ❑Yes❑No®N/A ❑Yes❑No®N/A 87. a. Does the File Contain Any Current Enforcement Orders? b. Is SIU in Compliance with Order? axms❑No®N/A bxwes❑No®N/A amYesmo®N/A bbyes❑No®N/A a.❑Yes❑NooN/A b:❑Yes❑No®N/A 88. Did the POTW Representative Have Difficulty in Obtaining Any of This Requested Information For You? ❑ Yes ® No ❑ Yes ® No El Yes ® No INDUSTRY INSPECTION PCS CODING: Trans.Code Main Program Permit Number LNJ INIC10 10 12 In 17 13 17 1 1. Industry Inspected: Buckeye Anodizing and Stamping 2. Industry Address: 110 Kings Road, Kings Mountain, NC 28086 3. Type of Industry/Product: Metal Finisher/Fire Extinguishers 4. Industry Contact: Barbara McDonald Title: EHS Manager MMMD/YY Inspec.Type Inspector 1121121061 111 (DTIA) (TYPO (INSP) Phone: 704-739-7415 Fax: 704-739-7418 5. Does the POTW Use the Division Model Inspection Form or Equivalent? ® Yes ❑ No 6. Did the POTW Contact Conduct the Following Parts of the Industrial Inspection Thoroughly? Fac. Type L2J (FACC) North Carolina Pretreatment Audit Form Page 5 The batch -treatment pretreatment system consists of pH adjustment, ilocclulation, settling, and plate press dewatering. The facility is adding a third holding tank to the treatment system. The SW records were complete and up to date. Waste sludge is packaged in carboys lined with plastic. The carboys are stored on the lot behind the manufacturing plant. FILE REVIEW COMMENTS: Inspections were completed at the SIUs as follows: Spectrum,11/18/06; Buckeye,11/16/06; and Eaton, 12/1/06 All SIUs must have a slug control plan. TOMPs are available for the 40 CFR 433 industrial users. Audit SUMMARY AND COMMENTS: Audit Comments: 1. The City of Kings Mountain Pretreatment Program appeared to be well organized and managed 2. The facility has had toxicity failures in 2005 and 2006 (see attached spreadsheet) Correspondence dated March 3 2006 indicates that the POTW had contracted with Environmental Testing Inc to conduct a Toxicity Identification Evaluation (TIE). Requirements: 1. See the Program Elements Review Section of this report. 2. Please submit a response to this Office by no later than January 15 2007 detailing results of the TIE conducted by Environmental Testing, Inc. Recommendations: Continue the TIE process to discover toxic constituents in the wastewater and conduct trunk line monitoring to isolate any discharges that may contribute to toxicity issues. NOD: ❑ Yes ® No NOV: ❑ Yes ® No QNCR: ❑ Yes ® No POTW Rating: Satisfactory ® Marginal ❑ Unsatisfactory ❑ Audit COMPLETED BY._DATE: December 13.2006 JohdlxJey, Mooresville Rejo al Office North Carolina Pretreatment Audit Form Pace 6 �••••..�•• r--....y 1o0s411V awls-nuvttttvrtng aummary FACILITY November 14, 2008 REQUIREMENT YEAR JA_N FEB MAR APR MAY JUN ju-L AUG §EP OC_T_ N4Y DEC Hickory -Henry Fork W WTP chr lim: 34% C4ri7dPF V 2002 — Pass — — pass NCO040797/ool Begin:3/l/2006 Frequency:Q Feb May Aug Nov + NonComp:Single 2003 — Pala — .- Phan — — Pace Paso ^ Calmly: Catawba Region: MRO Subbasin: CTB35 2004 — Pass — .- Pua>f 00(p) >700(P) — Paulo) Paulo) — — Leto Pees PF: 9.0 Special 2005 — Pass Pass (D) — >60(P) Pass — 7Q10: 27 IWC(%) 34 Order. 2006 — pass — � - Pass — pass -. - - — Peas — Pass — - Hickory-N.E.WWTP chr lim:13% Ceri7dPF 4t 2002 Pass _ — Pesa -- ^ Peaa - - -- NC0020401/001 Begin:6/l/2006 Frequency:Q Jan Apr Jul Oct + NonComp:Single 2003 Paso — — Pus — Pass — County; Catawba Region, MRO Subbasia: CTB32 2004 Pass >52(P) — Pase,>50(i) — — Pasa Pase ^ ^ PF: 6.0 special 2005 Pace — Paes,>52(P) — >SO(P) Pus — — 7Q10; 60.0 IWC(`/) 13 Order 2006 Paso PBep Paae — — Pus .�- ^ — - pass — — Pus - Hoechst Cohmese Corp-Dreyfas chr lim: 4.9% Ceri7dPF 2002 — H — _ H ' NCODS4301/001 Begin:8/1/2005 Frequency: Q Feb May Aug Nov + NonComp:Single 2003 — H — — H - — County: Mecklenburg Region: MRO Subbasin: CTB34 2004 — H — — H — = H -H — PF: 0.1152 Special 2005 — _ _ H — H — H — 7Q10: 3.5 IWC(%) 4.9 Order. 2008 -- H _ _ _ H H — INVISTAS.a.r,l.-Salisbury chrlim:34% Ceri7dPF 2002 ^ Pass — -- Pass - -- NC0004944/001 Begin:2/1/2006 Frequency; Q Feb May Aug Nov + NonComp:Single 2003 — Pus - - Fall Late Fag $83 58.3 Paan County: Rowan Region: MRO Subbasin: YAD06 2004 — Pau — — Pus 52,>80 Pass Pass PF: 2,305 1 special . . 2005 —eas Pass — Paw Pus 7Q10: 6.9 IWC(%9) 34.08 Order: 2006 — Pass — Paae _ — PusPas -. — Pass — Jefferson SmurfrtCorp. chrlim:11% Ceri7dPF 2002 Pass - — Pus — --- ` Peee --- --- - NC0005061/001 Begin:8/1/2004 Prequenq:Q Jan Apr Jul Oct + NonComp:Single 2003 Pus — pesa Fell 3L1 >44 County: Cleveland Region: MRO Subbasin: BRD04 2004 Paso ... — Pau >44 >!4 pus — PF: 0.010 special 2005 Paso —. — Pass - Pus — — 7Q10: 0.12 IWC(°/9) I1.0 Order: 2008 Pass — peas _— - Fag>u '>� ` Peas — Fag -44 Kinder Morgan - Charlotte Terminal N1 Ac P/F Lim: 90% Fthd Fthd24PF 2002 85.7 — _ NC0032891/002 Begin:2/1/2006 Frequency: Q Jan Apr Jul Oct NonComp: 2003 -. >100 _ _ County: Mecklenburg Region: MRO Subbasin: CTH34 2004 — 2004 ' PF: VAR special — >100 — 63 7QI0: 0.0 Aw %) 100 order. 2008 >100 — — Pico Peae Kinder Morgan - Charlotte Terminal 01 24hr LC50 co monit epis fthd Fthd24Ac 2002 >100 NCO032991/001 Begiu:2/l/2006 Frequency: A NonComp; 2003 — Pico ... — — _ County: Mecklenburg Region: MRO Subbasin: CTB34 2004 — PF: VAR - special 2005 s100 >100 ' 7Q10: 0.0 IWC(°/9)100 Order: 2006 >100 Kinder Morgan- Charlotte Terminal N3 24hr LC50 ac monit epic fthd Fthd24Ac .2002 >100- NC0004723/001 Begin:12/1/2005 Frequency: A NonComp: 2003 — >100 County: Mecklenburg Region: MRO Subbasin: CTB34 2004 >100 — PF: NA special 2005 — >100 7Q10: 0.0 IWC(%) 100 Order: 2006 -100 Kinder Morgan Southeast Terminals LLC 24hr LC50 ac monit epis fthd F1hd24Ac 2002 — — W-100 —- NC0004839/001 Begin:12/l/2005 Frequency:A -NonComp; 2003 .- >f00 County: Mecklenburg Region: MRO Subbasin: CTB34 2004 — PF: NA Special - 2005 ^ >700 >too 7QI0: 0,0 1WC(%) NA order. 2006 -100 — — — — — — — - Mugs Mtn. -Pilot Cr. W WTP chr lim: 33 % Ceri7dPF 2002 Pesa — — Pass - NC0020737/001 Begin:5/1/2004 Frequency; Q .. Jan Apr Sul Oct + NonComp:Single 2003 Paes >100(p) .-. Pass — >100(p) — — Pase pass Pus County: Cleveland Region: MRO Subbasin: BRD05 2004 Pus - — — Pus pesa — _ PF: 6.0 spe9 a1 2005 Pus — ImeOd,FNI Lek Irnesd,812 Pass,81Z 7Q10: 19.0 IWC(%) 33 Order: 2008, pass — — Pue Fail . Invalid 46.67,48.87 Pass Fag 23:33 46.67 Fall 11.49 46.67 = j,- LinuintenWWTP chr tiro: ll% Ceri7dPF 11102 -- -- 29.7 --- -- - >33 - - NC00254961001 Begin:12/1/2005 Frequancy:Q Mar Jun Sep Dec + NonComp:Single 2003 — — - Pau — — pass Pesa - ,. Pus County: Lincoln Region: MRO Subbasin: CTB35 2004 — — Paee>40(p) >40(p) >40(P) Paas,>40(P) — -- — peas �'- Pus ` PF: 6.0 special 2005ass .- Fag -40 >40 Pass 7Q10:,77.0 IWC(%) 11.0 Order: 2006 — — Pasa — — Peas Paae — -' Pass Pus p Pro 2002 Data Available LEGEND- PERM = Permit Requirement LET = Administrative Letter -Target Frequency = Monitoring frequency: Q. Quarterly; M- Monthly; BM- Bimonthly; SA- Semiannually; A- Annually; OWD- Only when discharging; D- Discontinued monitoring requirement Begin = First month required 7Q10 = Receiving stream low flow criterion (efs) += quarterly monitoring increases to monthly upon failure or NR Months that testing must occur - ex Jan, Apr, Jul, Oct NonComp = Current Compliance Requirement PF = Permitted flow (MGD) IWC%= lastream waste concentration P/F - Pass/Fail test AC = Acute CHR - Chronic Data Notation: f - Fathead Minnow, ' - Ceriodaphnia sp.; my - Mysid shrimp; ChV - Chronic value; P - Mortality of staled percentage at highest concentration; at - Performed by DWQ Aquatic Tox Unit; bt - Bad test Reporting Notation -- = Data not required; NR- Not reported Facility Activity Status: I - Inactive, N - Newly Issued(To construct); H -Active but not discharging; t-More data available for month in question; = ORC signature needed - 7 �0� W A TF9Q 0 G 4 'C August 21, 2006 Mr. Dennis Wells, Water Resources Director City of Kings Mountain Post Office Box 429 Kings Mountain, North Carolina 28086 Dear Mr. Wells: Michael F. Easley, Governo bd__ William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality Subject: Compliance Evaluation Inspection Kings Mountain Pilot Creek WWTP NPDES Permit No. NC0O20737 Cleveland County, NC Enclosed is a copy of the Compliance Evaluation'Inspection Report for the inspection conducted at the, subject facility on August 16, 2OO6by 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, D. Rex Gleason, P.E. Surface Water Protection Regional Supervisor Enclosure cc: Cleveland County Health Department up AFA 4CDENR Mooresville Regional Office Division of Water Quality Phone 704-663-1699 Internet: www.ncwaterqualitv.org 610 East Center Ave, Suite 301 Mooresville, NC 28115 Fax 704-663-6040 No o hCarolina Aaw,711y Customer Service 1-877-623-6748 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 Repo . 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 I j 2 I ,I 31 N00020737 111 121 06/08/16 117 18I CI 19I g' 20U 1- L! U Remarks 21111111111111111111111111111111111111111,111,1116 Inspection Work Days Facility Self -Monitoring Evaluation Rating 131 CIA --------------------------- Reserved ---------------------- 671 1.5 169 701 aJ 711 N 73LtyI I 74 751 I I I I I 80 Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include POTW name and NPDES permit Number) Entry Time/Date Permit Effective Date Pilot Creek WWTP , 10:10 AM 06/08/16 04/05/01 Exit Time/Date Permit Expiration Date 200 Potts Creek Rd Kings Mountain NC 28086 02.00 PM 06/08/16 08/08/31 Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Kim Teresa Moss/ORC/704-739-7131/ Name, Address of Responsible Official/Title/Phone and Fax Number Dennis Wells,P0 Box 429 Kings Mountain NC 28086//704-734-4525/ Contacted No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit ■ Flow Measurement Operations & Maintenance Records/Reports Self -Monitoring Program 0 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 Cildi J�j, MRO WQ//704-663-1699 Ext.231/ Signature of Management Q A Reviewer— Agency/Office/Phone and Fax Numbers Date -� ,,�� Ci Marcia Allocco MRO WQ//704-235-2204/ EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page # 1 NPDES yr/mo/day Inspection Type (cont.) 1 3I NCO020737 I11 12I 06/08/16 117 18I _' Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) RECORD KEEPING SECTION cont'd: DMRs were reviewed for the period June 05 through May 06. Chronic Toxicity failures were reported in October 05, November 05, and April 06. The Division has separately addressed these violations by issuances of either an NOV or NOV/civil penalty assessment. The 10-day interval between the collection of the twice per month samples (metals) was not adhered to in five of the twelve months reviewed. In addition, the facility staff must ensure the following is incorporated on future DMRs: - - all "<" values are appropriately calculated to determine the monthly average values - the facility's removal efficiencies (BOD and TSS) The composite sampling start dates were not properly transcribed on the chain of custody forms for the first day of the week. In addition, the facility staff need to separately document the laboratory receipt times for the influent and effluent samples. Overall, the facility staff incorporate a commendable record keeping system. Page # 2 Permit: NCO020737 Owner - Facility: Pilot Creek WWTP 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? ■ ❑ ❑ ❑ Is the inspector granted access to -all areas for inspection? ■ ❑ ❑ ❑ Comment: Record Keeping Yes . No NA NE 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? ❑ ❑- ❑ ■ Comment: The Division issued a conditional exemption to the 24-hour staffing requirement on 6/29/04. See "Summary" Section for additional comments. Labs Yes No NA NE Are field parameters performed by certified personnel or laboratory? ■ ❑ ❑ ❑ Page # 3 Permit: NC00207 it Owner - Facility: Pilot Creek WWTP Inspection Date: 08/16/2006 Inspection Type: Compliance Evaluation Laboratory Yes No NA NE 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 1.0 to 4.4 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: Influent and effluent analyses are performed by the Kings Mountain Pilot Creek WWTP certified laboratory (#222). Please refer to Mr. Chet Whiting's (Division's Laboratory Certification Unit) inspection report regarding the facility's onsite laboratory practices. Influent Sampling Yes No NA NE # Is composite sampling flow proportional? ■ ❑ ❑ ❑ Is sample collected above side streams? ■ ❑ ❑ ❑ Is proper volume collected? ■ ❑ ❑ ❑ Is the tubing. clean? ■ ❑ Cl ❑ Is proper temperature set for sample storage (kept at 1.0 to 4.4 degrees Celsius)? ■ ❑ ❑ ❑ Is sampling performed according to the permit? ■ ❑ ❑ ❑ Comment: Effluent Sampling Yes No NA NE Is composite sampling flow proportional? 01100 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)? ■ ❑ 0 ❑ Is the facility sampling performed as required by the permit (frequency, sampling type representative)? ■ ❑ ❑ ❑ Comment: Upstream / Downstream Sampling Yes No NA NE Is the facility sampling performed as required by the permit (frequency, sampling type, and sampling location)? ■ ❑ ❑ ❑ Comment: Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ ❑ ❑ ❑ Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ■ ❑ ❑. ❑ Judge, and other that are applicable? Page # 4 Permit: NCO020737 Inspection Date: 08/16/2006 Owner - Facility: Pilot Creek WWTP Inspection Type: Compliance Evaluation Operations & Maintenance Yes No NA NE Comment: The facility appeared to be properly operated and well maintained at the time of the inspection. The facility staff incorporate a comprehensive process control program. Pump Station - Influent Yes No NA NE Is the pump wet well free of bypass lines or structures? ■ ❑ ❑ ❑ Is the. wet well free of excessive grease? ■ ❑ Q ❑ Are all pumps present? ■ ❑ ❑ ❑ Are all pumps operable? . ■ ❑ ❑ ❑ Are float controls operable? ❑ ❑ ■ ❑ Is SCADA telemetry available and operational? ■ ❑ ❑ ❑ Is audible and visual alarm available and operational? ■ ❑ ❑ ❑ Comment: The facility utilizes two screw pumps rated at 7.5 MGD and 8.0 MGD. Bar Screens Yes No NA NE Type of bar screen a.Manual ■ b. Mechan ical ❑ Are the bars adequately screening debris? ■ ❑ ❑ ❑ Is the screen free of excessive debris? ■ ❑ ❑ ❑ Is disposal of screening in compliance? ■ ❑ ❑ ❑ Is the unit in good condition? ■ 1 ❑ Q Comment: Flow Measurement - Influent Yes No NA NE # 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: The flow meter is calibrated on an annual basis. The flow meter was last calibrated by Laboratory Instrumentation Service on 4120/06. Aeration Basins Yes No NA NE Mode of operation Ext. Air Type of aeration system Surface Page # 5 Permit: NCO020737 Owner - Facility: Pilot Creek WWTP Inspection Date: 08/16/2006 Inspection Type: Compliance Evaluation Aeration Basins Yes No NA NE Is the basin free of dead spots? Are surface aerators, and mixers operational? Are the diffusers operational? Is the foam.the proper color for the treatment process? Does the foam cover less than 25% of the basin's surface? Is the DO level acceptable? Is the DO level acceptable?(1.0 to 3.0 mg/1) Comment: The facility utilizes three aeration basins. Secondary Clarifier Is the clarifier free of black and odorous wastewater? Is the site free of excessive buildup of solids in center well of circular clarifier? Are weirs level? Is the site free of weir blockage? Is the site free of evidence of short-circuiting? Is scum removal adequate? 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? Is the sludge blanket level acceptable? (Approximately %< of the sidewall depth) Comment: The facility utilizes three secondary clarifiers. The weirs on clarifiers #1 and #3 were severely deteriorated with several leakages at the seals between the weir plate and concrete structure. These leakages did not appear to be causing any short- circuiting of the clarifier.(#1 and #3) blankets. These leakages should be repaired within the near future. Disinfection -Gas Are cylinders secured adequately? Are cylinders protected from direct sunlight? Is there adequate reserve supply of disinfectant? Is the level of chlorine residual acceptable? Is the contact chamber free of growth, or sludge buildup? ■ ❑ ❑ ❑ ■ ❑ ❑ ❑ Page # 6 Permit: NCO020737 Inspection Date: 08/16/2006 Owner - Facility: Pilot Creek WWTP Inspection Type: Compliance Evaluation Disinfection -Gas Yes No NA NE Is there chlorine residual prior to de -chlorination? ■ ❑ ❑ ❑ Does the Stationary Source have more than 2500 Ibs of Chlorine (CAS No. 7782-50-5)? ■ ❑ ❑ ❑ If yes, then is there a Risk Management Plan on site? ❑ ®❑ ❑ If yes, then what is the EPA twelve digit ID Number? (1000- - ) 1000-0005-8965 If yes, then when was the RMP last updated? 06/18/2004 Comment: The facility utilizes three chlorine contact chambers. A copy of the Risk Management Plan should be kept at the treatment plant site. De -chlorination Yes No NA NE Type of system ? Gas 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? ■ ❑ ❑ ❑ Comment: Are the tablets the proper size and type? ❑ ❑ ❑ ❑ Are tablet de -chlorinators operational? ❑ ❑ ❑ ❑ Number of tubes in use? Comment: Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? ❑ ❑ ❑ ■ Are the receiving water free of foam other than trace amounts and other debris? n ❑ Q ■ If effluent (diffuser pipes are required) are they operating properly? ❑ ❑ ■ 01 Comment: The effluent appeared a brownish red (tea) color with no floatable solids or foam. The receiving stream was not evaluated; however, the facility staff must ensure the outfall location is accessible to allow inspections of the receiving stream. Aerobic Digester Yes No NA NE Is the capacity adequate? ■ ❑ ❑ ❑ Is the mixing adequate? ■ ❑ ❑ ❑ Is the site free of excessive foaming in the tank? ■ ❑ ❑ ❑ # Is the odor acceptable? ■ ❑ ❑ ❑ # Is tankage available for properly waste sludge? ■ ❑ ❑ ❑ Comment: The facility utilizes two aerobic digesters Page # .7 Permit: NC0020737 Owner - Facility: Pilot Creek WWTP Inspection Date: 08/16/2006 Inspection Type: Compliance Evaluation Solids Handling Equipment Yes No NA NE 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 belt press was operational; however, the dewatering unit was not being utilized at the time of the inspection. Standby Power Is automatically activated standby power available? Is the generator tested by interrupting primary power source? Is the generator tested under load? Was generator tested & operational during the inspection? Do the generator(s) have adequate capacity to operate the entire wastewater site? Is there an emergency agreement with a fuel vendor for extended run on back-up power? Is the generator fuel level monitored? Comment: The backup generator is exercized once a week and'put under load once a month. The generator does not power the aerators and mixers. Yes No NA NE ■ ❑ ❑ ❑ ■ ❑ ❑ ❑ ■ ❑ ❑ ❑ ❑ ❑ ❑ ■ ❑ ■ ❑ ❑ ■ ❑ ❑ ❑ ■ ❑ ❑ ❑ Page # 8 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources June 6, 2006 Edgar O. Murphrey, Jr. City of Kings Mountain 101 W. Gold St. Kings Mountain, NC 28086 SUBJECT: Payment Acknowledgment Civil Penalty Assessment Pilot Creek WWTP Permit Number: NCO020737 Case Number. TX-2006-0003 Cleveland County Dear Mr. Murphrey: Alan W. Klimek, P.E. Director Division of Water Quality W"., ®tB' 1. i)� ENVIROJ' 1' Q, r MOORESViLLE FIECIONAL OFFICE JUN 0 7 2006, WATER S CT This letter is to acknowledge receipt of check number 53262 in the amount of $2,053.42 received from you dated June 1, 2006. 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 at 919-733-5083 Ext.547. Sincerely, C& f� Robert L. Sled cc: DWQ Mooresv_ill_e IW76nal_Offic_e Supervisor Central Files ro 1 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 733-7015 Customer Service 1 800 623-7748 I�orthCarolina Naturally pp-1i-�7 �OF W A TF9 > r May 8, 2006 CERTIFIED MAIL, yp03- /010-.MWA-/3W--1a RETURN RECEIPT REQUESTED Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Mr. Dennis Wells City of Kings Mountain P.O. Box 429 _ Kings Mountain, North Carolina 28086 Subject: , Remission Request of Civil Penalty Assessment NPDES Permit Number NCO020737 The City of Kings Mountain -Pilot Creek WWTP Cleveland County Case Number: TX-2006-0003 Dear Mr. Wells: ' - Alan KI melt IE Director - t b lx .., t,G'4o Dw�sionof Water Quad q''� � PJ OFFICE MAY .0 9 200�' I have considered the information submitted in support of your request for remission in accordance with North Carolina General Statute (N.C.G.S.) §.143 215.6A(f) and have found no grounds to modify the civil penalty, assessment in the amount of $2053:42. If you choose to pay the penalty, send payment to me at the letterhead address within thirty (30) days of receipt of this letter. Please make your check payable to the Department of Environment and Natural Resources (DENR). If payment is not received within thirty (30) days of receipt of this letter, in accordance with N.C.G.S. § 143- 215.6A(f), your request for remission of the civil penalty (with supporting documents) and my recommendation to deny the request (with supporting documentation) will be delivered to the North Carolina Environmental Management Commission's (EMC) Committee On Civil Penalty Remissions (Committee) for final agency decision. If you desire to make an oral presentation to the Committee on why your request for remission meets one or more of the five statutory factors you were asked to address, you must complete and return the attached form within thirty (30) days of receipt of this letter. Please mail the completed form to the attention of Mr. Kevin Bowden at the following address: Environmental Sciences Section Division of Water Quality 1621 Mail Service Center Raleigh, NC 27699-1621 Noe Carolina AtlfCl AY North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-7015 Customer Service Internet: h2o.enr.state.nc.us 512 N. Salisbury St. Raleigh, NC 27604 FAX (919) 733-2496 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer- 50% Recycled110% Post Consumer Paper Page 2 The City of Kings Mountain -Pilot Creek WWTP May 8, 2006 Your request for an oral presentation and the documents in this matter will be reviewed by the EMC Chairman and, if it is determined that there is a compelling reason to require an oral presentation from you, you will be notified by certified mail. of the date, time, and place that your oral presentation can be made. Otherwise, the final decision on your request for remission will be made by -the Committee based on the written record. Thank. you for your cooperation in this matter. If you have any questions about this letter, please contact me or Mr. Kevin Bowden at (919) 733-2136. Sincerely, Alan W. Klimek, P.E. attachment cc: dMoo er sville-Regional _O_ffice Point Source Branch Enforcement File ATU Enforcement file Central Files . oFwarF� rn I v / 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 Wa e Quality AND 1MTUF-P _ F-t-LC 1RDfi February 14, 2006 CERTIFIED MAIL7v0Z—�►`�/O—OcaG -70109— 6-1 2-3 RETURN RECEIPT REQUESTED Mr. Dennis Wells FEE 17 06, City of Kings Mountain P.O. Box 429 Kings Mountain, North Carolina 28086 SUBJECT: Assessment of Civil Penalty for Violations of NC General S"Ztute 143 215 1('a)(6�rand3 �. NPDES Permit No. NCO020737 The City of Kings Mountain -Pilot Creek WWTP Cleveland County TX 2006-0003 Dear Mr. Wells: This letter transmits a Civil Penalty Assessment against The City of Kings Mountain in the amount of $ i-1 2 ($ civil penalty + $ , �/ -2 enforcement costs). This assessment is based upon the following facts: A review of the facility's toxicity self -monitoring data for October through December 2005 has been conducted. The review has shown The City of Kings Mountain to be in violation of the 33% chronic toxicity effluent discharge limitation found in NPDES Permit No. NC0020737. The City's toxicity self -monitoring reports for October through December 2005 revealed the following effluent toxicity permit limit violations. October 2005 Fail November 2005 11.49% (chronic value) Based upon the above fact(s), I conclude as a matter of law that The City of Kings Mountain violated the terms, conditions or requirements of NPDES Permit No. NCO020737 and N.C.G.S 143-215.1(a)(6) in the manner and extent shown above. A civil penalty in accordance with the maximum established by N.C.G.S. 143-215.6A(a)(2), may be assessed against a person who violates the terms, conditions or requirements of a permit required by N.C.G.S. 143-215.1(a). 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, Matt Matthews, Aquatic Toxicology Unit Supervisor hereby make the following civil penalty assessment against The City of Kings Mountain. One NorthCarolina North Carolina Division of Water Quality 1621 Mail Service Center Raleigh, NC 27699-1621 Phone (919) 733-2136 Customer Service Internet: www.esb.enr.state.nc.us 4401 Reedy Creek Rd. Raleigh, NC 27607 FAX (919) 733-9959 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer —50% Recycled/10% Post Consumer Paper For _� of _ Z violation( NPDES Permit No. NC002073 7. waters of the'State in violation o chronic toxicity for October 200 ,f G.S. 143-215.1(a)(6) and discharging waste into the e City's permit effluent limit for For . / of i violation(s , f G.S: 143-215.1(a)(6) and NPDES Permit No. N00020737, discharging waste into the waters of the State in violation of i, < City's permit effluent limit for chronic ,toxicity for November 20f 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 of Fact and Conclusions of Law and the factors set forth at G.S. 143B-282. 1 (b), which are: of (1) The degree and. extent of harm to the natural resources of the State, to the public health Property. resulting from the violation; or.to private (2) The duration and gravity of the violation; (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 violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which Th Environmental Management Commission has regulatory authority; and e (8) The cost to the State of the enforcement procedures. Within thirty days receipt of this notice, you must do one of the following: Submit payment of the penalty: Payment should be made directly to the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose enforcement action for any continuing or new violation(s). Please submit payment to the attention of: g Point Source Branch Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 OR 2. Submit a written request for remission.or mitigation 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 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. 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 and agreement 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) one or more of the civil penalty assessment factors in G.S. 14311-282.l(b) were wrongfully applied to. the detriment of the petitioner, (2) the violator promptly abated continuing environmental damage resulting from the violation; (3) the violation was inadvertent or a result of an accident; (4) the violator had been assessed civil penalties for any previous violations; (5) payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division 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 the 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 supportof your request for remission. In order to request remission, you must, complete and submit the enclosed "Request for Remission of Civil Penalties 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: Environmental Sciences Section c/o Matt Matthews Division of Water Quality 1621 Mail Service Center Raleigh, NC 27699-1621 OR 3• File a petition for an administrative hearing with the Office 'idminist rative Hearings: If you wish to contest any statement in the attached asse<sment documer Al mus administrative hearing. You may obtain the petition forr n from the Offic ! t file a petition for an file the petition with the Office of Administrative Heart :, petition is considered filed when it is received in the Of'.;:e wl hintAdmi Administrative Hearin s. s within thirty g You must hours. The Office of Administrative Hearings accepts ; ngs Mond y days of receipt of this notice. A mstl,, Hearings during normal office a.m. and 5:00 p.m-, except for official state holidays. j- and on(thj-!I Friday between the hours of 8:00 with the Office of Administrative Hearings. The petit' original and on( 7 the document is received in the Office of Admini strati,, may be faxed - T COPY of the petition must p filed faxed transmission. The mailing address for the Office ded the original and one copy of may within � >) business days following the Administrative ngs is: Office of Administra; Hearings 6714 Mail Service (7t '', Raleigh, NC 27699-= l Telephone (919) 73,; 'g Facsimile: (9] 33-3478 A copy of the petition must also be served on DENR )flows: Mr- Dan Oakley, Gei:, :,1 Counsel Department of Env"-( ,vent and Natural Res irces 1601 Mail Service Cc, -,ter Raleigh, NC 27699-1 !)> Please indicate the case number (as found on page on: of Failure to exercise one of the options above within tll:; ly this letter) on the petit �on. internal date/time received stamp�Y (30) days of receipt of this letter, as evidenced by an General's Office for collection of the penalty througl`; ;, ces It ino ismatter bein{� may be assessed for violations that occur after the rev;e - ised referred a to the Attorney Please be advised that additional penalties • w period of this assessment. Please be advised that any continuing violation(s) may be the subject of a new additional penalty. If you have any questions about tl 2136. ,s civil penalty assessment, leas enforcement action, including an please contact me at 919-733- - 21%s l^i Date ATTACHMENTS cc onaI Supervisor w/attachments--� Point Source Branch File w/attachments Aquatic Toxicology Unit File w/attachments Central Files w/attachments Matt Matthews Aquatic Toxicology Unit Supervisor Environmental Sciences Section VSTATEOFNORTH.CAROLINA COUNTY OF CLEVELAND IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST THE CITY OF KINGS MOUNTAIN WWTP NPDES PERMIT NO. NCO020737 DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS FILE NO. TX-2006-0003 Having been assessed civil penalties totaling for violation(s) as set forth in the assessment document of the Director of the Division of Water Quality dated 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 , 2006. ADDRESS TELEPHONE `JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: TX-2006-0003 County: Cleveland Assessed Party: The City of Kings Mountain WWTP-Pilot Creek Permit No. (if applicable): NC0020737 Amount Assessed: $ Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission Waiver of Rikht 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. § 143B7282.1(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: CIVIL PENALTY ASSESSMENT ADDENDUM The Division of Water Quality (DWQ) issues/reissues NPDES permits with whole effluent toxicity (WET) limits. The current chronic toxicity test condition language requires permittees to conduct multiple concentration testing upon a single quarterly failure to meet the chronic toxicity permit limit. Permittees with NPDES permits which contain "old" chronic toxicity pass/fail testing language will have the OPTION to respond to any single quarterly toxicity test failure with follow-up multiple concentration toxicity testing (as contained in the current language) or single concentration toxicity testing, thereby influencing the level of DWQ's enforcement response. NOTE: Choosing to respond to a chronic toxicity "fail" result with a pass/fail test instead of conducting multiple concentration toxicity testing during the second and third months of the monitoring quarter (monitoring quarter defined by your permit) will result in enforcement for single concentration test results that do not meet chronic toxicity permit limitations. Important WET Enforcement Policy items are: I. II. CHRONTC TOXICITY TESTING • The first test of the quarter can be conducted as either a pass/fail test or a chronic value (ChV) test. • If the pass/fail test fails or if the ChV is lower than the limit, then a Notice of Violation (NOV) is issued and at least two ChV tests (one per month) will be conducted over the following two months. As many analyses as can be completed will be accepted. • A NOV will be issued for ANY test result failing to meet the permit limit. • Any civil penalties assessed will be based on performance over a quarter. Facilities may be assessed civil penalties for any month in which compliance with the WET limit is not achieved. DWQ's enforcement response can be influenced by conducting multiple concentration testing for the second and third months of the monitoring quarter. Chronic values for all follow-up tests will be averaged arithmetically. If the average is >_ the chronic permit limit, then civil penalties will not be assessed for monthly violations occurring during the quarter. If the average chronic value is < the permit limit, the facility will be assessed civil penalties for each month during the quarter in which compliance with WET was not achieved. • NPDES Permits containing chronic toxicity pass/fail testing will be modified upon permit renewal to include the new permit language. ACTTTF. TOXTCTTY TESTING • A NOV will be issued for each acute limit violation. • A civil penalty will be assessed for any two consecutive acute limit violations. If you are unable to consistently comply with your toxicity permit limitation, you may notify your respective Regional Office to discuss the possibility of entering into a Special Order by Consent (SOC). The SOC provides conditional compliance for permit parameters with which the facility can not consistently comply and may be issued in situations where facility operation and maintenance are riot in question. If a SOC is signed by the permittee/DWQ and contains toxicity as a noncompliant parameter, you will be required to: conduct a Toxicity Reduction Evaluation (TRE), submit quarterly THE progress reports and eliminate/reduce effluent toxicants so that compliance with the whole effluent toxicity limit can be demonstrated. IV ;Whian4 Tnvirzifii RPnnrt Fnrm - Chronic Pass/Fail and Acute LC50 Date 04-Nov-05 MAIL ORIGINAL TO Environmental Sciences Branch ., IIVL•1 10111 JGI VIVG VCIIIGI - - - I\�IGII>I111 VILII VOI�IIIIIa LI VJJ-IVLI North Carolina Ceriodaphnia Chronic Pass/Fail Reproduction Toxicity Test Chronic Test Results CONTROL ORGANISMS Rank sum= 84 Critical Value= 109 1 2 3 4 5 6 7 8 9 16 11 12 % Reduction= 100% # Young Produced Adult (L)ive (D)ead % Mortality Avg. Reprod. 8% 24.5 Control Control Effluent % 33.0% 100% 0.0 Treatment 2 Treatment 2 TREATMENT 2 ORGANISMS # Young Produced Adult (L)ive (D)ead 0 32 30 1 18 30 1 25 1 31 27 26 24 . 28 23 D L L L L L L L L L L. L 7 7 e S a 7 R 9 10 11 12 eeeeeeeeeeea pH 1st sample 1st sample 2nd sample Control 7.7 8.0 7.9 7.8 7.4 8.2 Treatment 2 7.5 7.5 7.5 7.7 start end start end start end D.O. 1st sample 1st sample 2nd sample Control Treatment 2 LC50/Acute Toxicity Test (Mortality expressed'as %, combining replicates) Mortalit, LC50 = Method of Determination 95% Confidence Limits Moving Average Probit % Spearman Kerber Other Organism Tested Cerioda hnia-&bia.-._ DEM Form AT-1 /�` �" "� ley t` lq) t� This for Either Test 1 10-12-05 Sample 1 I X 124hrs. Sample 2 1 X 4hrs. Hardness (mg/L) Spec. Cond. (pmhos) Chlorine (mg/L) ample Temp. at receipt (°C) Control CV 35.3% % 3rd Brood PASS FAIL 92% X Test Start Date 13-Oct-05 - Sample 2 10-17-05 start/end start/end Control High Conc. pH D.O. pH 1st sample 1st sample 2nd sample Control 7.7 8.0 7.9 7.8 7.4 8.2 Treatment 2 7.5 7.5 7.5 7.7 start end start end start end D.O. 1st sample 1st sample 2nd sample Control Treatment 2 LC50/Acute Toxicity Test (Mortality expressed'as %, combining replicates) Mortalit, LC50 = Method of Determination 95% Confidence Limits Moving Average Probit % Spearman Kerber Other Organism Tested Cerioda hnia-&bia.-._ DEM Form AT-1 /�` �" "� ley t` lq) t� This for Either Test 1 10-12-05 Sample 1 I X 124hrs. Sample 2 1 X 4hrs. Hardness (mg/L) Spec. Cond. (pmhos) Chlorine (mg/L) ample Temp. at receipt (°C) Control CV 35.3% % 3rd Brood PASS FAIL 92% X Test Start Date 13-Oct-05 - Sample 2 10-17-05 start/end start/end Control High Conc. pH D.O. - Effluent Aquatic Toxicity Report Form/Phase II Chronic Ceriodaphnia Facility: King's Mountain - Pilot Creek NPDES # NCO020737 Pipe# County: Cleveland Labor t Perfor ing Test'ETT Environmental Comments: t-1 atz1J CO�y> rota Copy G�✓�/ -FbIIaW - lc �o� bC CD�EY_IS -FRiL Signatu f Signature of Test Start Date Time End Date Time, I Info Treatment pH Init. pH Final D.O.Init D.O. Final Temp Init Temp Final 11-18-05 1430 11-25-05 0944 Start Day2 Days Start Day2, Days 33% 33% 33% 1Control Control Control 8.17 8.42 7.81 8.40 7.73 7.79 8.47 8.12 8.14 7.6b 7.99 8.01, 8.6 8.0 8.7 9.0 8.5 8.6 8.4 8.5 8.7 8.6 8.5 8.6 24.5 25.0 25.5 1 24.3 25.0 25.5 25.1 25.0 25.6 25.1 25.0 25.6 Chronic Test Resu is Final Cont Mort. % 0% �Organlsm # % Cont 3rd Brood 100% 1 2 3 .4 5 6 7 8 9 10 11 12 Mean Control Repro CV 9% Control # Younq 241 261 251 231 261 251 291 261 231 211 none none 24.8 48.Hour Mortality Adult L I L I L IL I L L L L L L none none Contml IwC 0of10 Oof10 1 2 3 4 5 6 7 8 9 10 11 12 Mean Significant? No Effluent % #. Young 1 241, 241 231 14 16 24 21 23 18 19 none none 20.6 Final Mortality Sign. @ Red 8% Adult. IL �L' IL L L L L L L L none none 17% no COnC. or Reproduction Analyses 1 2 3 4 5 6 7 8 9 10 Mean Repro LOEC= 16.50% NOEL= Effluent % # Young 1 0 1 231 21 1 111 151 19 161 261 161 19 16.8 Method: Wilcoxon Test Normal Dist? yes Method Kolmogorov Statistic _0.902 Critical 1.035' Equal Var? . no Method eartletrs 1 2 3 4 5 6 7 8 9AMeStatistic 18.33 Critical 15.10 Effluent % # Youn 15 16 19 15 4 21 . 13 23 21 Wilcoxon Test Method:Effuent % Rank Sum Critical8.00% 70.00 76.00 2 3 4 5 6 7 8 9 10 Mean 16.50%- 65.00 76.00 Effluent % #Youn 11 5 8 14 .1' 14 6 5 9 13 8.6 33.00% 58.00 76:00 Red 66.00% 55.00 76.00 Adult L L L L L L L L L L 65% 100.00% 55.00, 76.00Overall Analysis IC25= 12.47% 1 2 3 4 5 6. 7 8 9 10 Mean Result = PASS/FAIL.or Effluent %# Yours 8 3 3 5 3 5 3 8 8 4 5.0 Test LOEC16.50% NOEC= 8.00% Red100°/ Adult L L L L L L L L L L80% Chronicvalue=11.49% RedLLLLLLLL32% 33%AdultLLLLL yn(JfMAILEnvironmental Sciences Branch TO: Division of Water Quality N.C. DENR 1l\ ; ! 006 1621 Mail Service Cent��!i�--- Raleigh, NC 27699-1t✓CS 2 A`DEM Form AT-3 Rev. 11/95 A man 8� Or ie' BO OR o�0 buaY�q wr ��9Q Mr. Brian Ramsey Industrial Pretreatment Program Coordinator City of Kings Mountain 1013 N. Piedmont Avenue Kings -Mountain,- North--Carolina-28086. _ Dear Mr. Ramsey: Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources April 18, 2006 Subject: PAR Review City of Kings Mountain NPDES Permit No. NCO020737 Cleveland County, NC Alan W. Klimek, P.E. Director Division of Water Quality Mooresville Regional Office staff has reviewed your Pretreatment Annual Report (PAR) for the reporting period of January through December 2005. Based on the review, it appears that . the POTW-completed the PAR in accordance with guidelines set forth in Chapter 9 of the Comprehensive Guidance for North Carolina Pretreatment Prop -rams. If you have any questions concerning your PAR, please do not hesitate to contact John Lesley of this Office at (704) 663-1699. Sincerely, (�? L e� c - �r . 7 D. Rex Gleason, P.E. (y Surface Water Protection. Regional Supervisor Cc: PERCS Unit- Jon Risgaard Central Files JL . *' . NPorthCarolina NCDENR Aatura!!y Mooresville Regional Office Division of Water Quality Phone 704-663-1699 Customer Service Internet: www.ncwaterqualitv.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% Recycled110% Post Consumer Paper 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 March 13, 2006� 10E Mr. Dennis Wells City of Kings Mountain PO Box 429 Kings Mountain, North Carolina 28086 Subject: Remission Request of Civil Penalty Assessment City of Kings Mountain - Pilot Creek WWTP NPDES Permit NCO020737 Case Number TX-2006-0003 Cleveland County Dear Mr. Wells: NAR 1 4 2000 t' ? This letter is to acknowledge your request for remission of the civil penalties levied against the subject entity. Your request will be placed on the agenda of the Director's next scheduled enforcement conference and you will be notified of the result. If you have any questions about this matter, please contact me at (919) 733-2136, extension 253. Sincerely, 4e":, )�� L� Kevin Bowden Aquatic Toxicology Unit ATTACHMENTS cc: d�olTn0Ve-Sl 11Iao e _V t CIRe i �''�@f xl'eelwlattachrrients Bob Sledge -Point Source Branch w/attachments Kim Moss, City of Kings Mountain, RT 6, 200 Potts Creek Rd, Kings Mountain, NC 28086 ATU Enforcement. File w/•attachments Central Files w/attachments NNo ehCarolina aturally North Carolina Division of Water Quality 1621 Mail Service Center Raleigh, NC 27699-1621 Phone (919) 733-2136 Customer Service Internet: wwwAsLenr.state.ne.us 4401 Reedy Creek Rd. Raleigh, NC 27607 FAX (919.) 733-9959 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper City of Kings Mountain Pilot Creek WPCF RT, 6 200 Potts Creek Road Kings Mountain, North Carolina 28086 March 3, 2006 ATTN: Mr. Matt Matthews Environmental Sciences Section Division of Water Quality 1621 Mail Service Center Raleigh, North Carolina 27609-1621 M. rye Ficfr� Subject: Request Remission for case number TX 2006-0003 NcooaO7 37 — P14 ° r cQ-e� Dear Mr. Matthews: RECE VED MAR — 8eCO3, I would like to Request Remission for the Civil Penalty of $2053.42 against the City of Kings Mountain. Based on the October and November toxicity results; the Pilot Creek WPCF exceeded the limitation requirements set forth in permit number NC0020737. On December 15th and December 20th, 2005 we collected a follow-up sample for toxicity along with a Pollutant Scan on our Effluent Discharge. On December 27th we received a certified letter from your office dated December 215t -2005, which requested us to take actions in correcting our toxicity problem. After discussing the options that you gave us with Mr. Bob Kelly of Environmental Testing, Inc., I decided to have him to perform the Toxicity Identification Evaluation (TIE) on our effluent. A reply discussing this option was submitted to your office dated January 18, 2006. The decision to analyze for the Toxicity Identification Evaluation (TIE) was not to rule out Copper, but to find out what was actually causing the problem. I would just like to comment that in my 20+ years working at this facility, I do not recall toxicity ever being a problem. Therefore, with'the cost involved in performing the necessary analysis to achieve compliance with toxicity, I am requesting Remission for $2000.00. Below is a brief summary of the analysis and cost.. I hope that by absorbing this fee, we can continue all activities necessary to achieve compliance. Pollutant Scan (PPS) Cost: $ 1,450.00 Toxicity Identification Evaluation (TIE) Cost: $ 8,400.00 (Chronic TIE Phase 1 Tier I) Additional -Sampling for Influent (2 Manholes) Cost: $ 575.00 Additional Sampling for Effluent (1 Manhole) Cost: $ 350.00 + $10,775.00 As you may see, we are trying very hard to determine the cause of the toxicity problem and by spending the money on penalties is not helping us to find out what and where the problem is. I have completed the enclosed forms labeled; Justification For Remission Request and Waiver Of Right To An Administrative Hearing And Stipulation Of Facts. If you should need further information, please do not hesitate to contact me at 704-739-7131 (Office), 704-734-4528 (Fax), 704-477-7472 (Cell), kimtmoss@mjsaol.com (E-Mail Address). Respectfully Submitted, 0 Moss cc: attachments o 03 s L &-v ew- - fb iN r A< oc,yet� �Q�ed�i- w j f�-777�efx-n►�v�FS C. )=-I G w5 wr A-r1 0'e-*/n MAR - 9 2006 1ft119 g JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: TX-2006-0003 County: Cleveland Assessed Party: The City of Dings Mountain WWTP-Pilot Creek Permit No. (if applicable): NC0020737 Amount Assessed: $ a Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission Waiver of 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) theviolator 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: STATE OF NORTH CAROLINA COUNTY OF CLEVELAND IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST THE CITY OF KINGS MOUNTAIN WWTP NPDES PERMIT NO. NCO020737 FILE NO DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS << TX-2006-0003 - Having been assessed civil penalties totaling a S 3 , 4-� for violation(s) as set forth in the assessment document of the Director of the Division of Water Quality dated 'FEP_R.LkA2xt 14 92 o bb to , 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 3 �D day of (y ARO-�A BY ADDRESS 2006. Rr(o adU ?o IT'S 0 2Gej,/ ROAD )Grue'6 rnou�1PzQ k(� �86K TELEPHONE , ib4 -?39 --713 rcriof Kings Mountain Pilot Creek WPCF RT 6, 200 Potts Creek Road .Kings Mountain, NC 28086 JANUARY 18, 2006 NC DENR Division of Water Quality Environmental Sciences Branch 1621 Mail Service Center Raleigh, NC 27699-1621 ATTN: Matt Matthews; Aquatic Toxicology Unit Supervisor SUBJECT: NPDES # NCO020737 Notice of Violation Whole Effluent Toxicity (WET) Testing Dear Mr. Matthews: 007. AIN 0NPT! ^ r JAN 2 3 2006 A I E R 01 ° ALJTV 8 E.0 N In reference to the Notice of Violation letter dated, December 21, 2005 for Toxicity, I would like to inform you of the option we have decided to initiate to correct/find the problem. The laboratory that performs our -quarterly Chronic Toxicity will be performing a Toxicity Identification Evaluation (TIE) on our plant's Effluent Discharge. This laboratory Environmental, Inc. (ETT) has been very helpful by reviewing our monitoring data, previous/present Toxicity data, visiting the plant site and making recommendation to determine the Toxicity problem. Mr. Bob Kelly; Aquatic Toxicologist for ETT, Inc. has faxed me some information to submit along with this reply. If you should need further information, please feel free to contact me at the Pilot Creek WPCF, 704-739-7131 from 0730 —1600 Monday — Friday or my cell phone 704-477-7472 at any time. ---r -- - --- - - -- cc: Dennis Wells, City of Kings Mtn. Water Dept. Director Rex Gleason, Mooresville Regional Office John Lesley, Mooresville Regional Office Dawn Jeffries, Point Source Branch Marshall Hyatt, USEPA Region IV, Atlanta Federal Center, 61 Forsyth St., Atlanta, Ga. Central Files !2006 14:52 864B776938 Ell tNV1KUNMtNIHL ET,,,v,,n,.T.., . P.O. Box 18414, Greenville, SC 29606 6 January 2006 Kim Moss City of Kings Mountain. WWTP Kings Mountain, NC Scope of Work .for Toxicity Identification r-"Ur- u/ (864) 877-6942 . FAX (864) 877-6938 Craftsman Court Greer, SC 29650 Chronic toxicity tests of effluent in October and November 2005 indicated the presence of toxicity. The October test was a routine pass/fail test at 33% test concentration. The .November test was a chronic serial dilution (mul.ti-concentration) test. A follow up serial dilution test in December 2005 indicated that no chronic toxicity was present. Task (..Review of Monitoring .Data A review of chemical monitoring data from the Pilot Creek Plant was conducted by ETT Environmental. Inc. on December 7, 2005. The findings of the review were that there was no correlation between copper or chloride concentrations and toxicity. However, zinc levels were found to have spiked in October and November in conjunction with toxicity test failures. In fact, higher zinc levels in October were correlated with acute toxicity and slightly reduced levels in November with a. suppression in reproduction of test organisms but no mortality. In both months, zinc levels were sufficiently elevated to expect toxicity, even. at a 33% dilution. Two other metals, nickel and aluminum, were measured at concentrations which made them potential toxicants. Task 2. TIE Treatments to Investigate Zinc Toxicity EPA Phase I toxicity identification evaluation (TiE) treatments include procedures which are useful for pinpointing zinc as a toxicant. CDTA chelation treatment is effective at removing toxicity due to several cationic metals, including copper, zinc, nickel., cadmium, and lead. EDTA chelation is not effective for removing other types of toxicants, such as organics, salts, and ammonia. A second treatment, sodium thiosulfate addition, is effective at removing toxicity due to copper, cadmium, and zinc, but is ineffective PPPP'7' 2006 14: 52 8648776938 L11 LNVI KLNMLN I AL raAut rJ3 for removal of toxicity from n..ickel. and zinc. Finally, in the graduated p.H test it: is noteworthy that copper and lead are more toxic at a lower pH (--,6.5); zinc, nickel, and cadmium are more toxic at a higher pI4 (8.5), and aluminum is more toxic at either a high pH or a low pH as compared to a neutral p.H. Use of the treatments of EDTA chelation, sodium thiosulfate addition, and graduated pH together can provide strong evidence of metal toxicity and narrow down the individual metal which is responsible for toxicity. If zinc is the cause of toxicity, as is suspected from the review of monitoring data, it should be expected that TIE treatments should yield the following; 1) persistent toxicity in the untreated sample, 2) removal of toxicity using EDTA, 3) no removal of toxicity by sodium thiosu.l.fate addition, and 4) greater toxicity at p.H 8.5 than at pH 6.5. Such a pattern would el.i.minate copper and other metals (except nickel) as causative factors in toxicity. Therefore, under Task 2, the original sample retained from the toxic October test will be subjected. to EDTA, sodium thiosulfate, and graduated p.H treatments to determine if zinc is the cause of toxicity (and verify that copper is not the cause of toxicity). Schedule for Task 2. Complete by.] /31 /06 Task 3. Full TIE Procedures If Task 2 fails to yield results indicating that zinc is the cause of toxicity, a full Phase I TIE will be conducted to determine what type of toxicity is causing effluent toxicity in the effluent. This would involve the treatments cited above, as well as pH adjustment (3&10), aeration, filtration, and G18 SPE, treatments and tests. It should be noted that Task 2 will exhaust the supply of retained sample from. 10/05 and that a full TiE procedure cannot be conducted until and unless another toxic effluent can be obtained. Schedule .for Task 3. Complete by 6/30/05 ...... Task 4. Confirmation of Zinc Toxicity Task 2 cannot distinguish between zinc and nickel toxicity. Although monitoring data indicate that zinc levels in October were sufficiently elevated that effluent toxicity should be expected, whereas nickel levels were only marginally elevated and were probably not high enough to account for toxicity, a distinction still needs to be made. This will be addressed by obtaining effluent samples which arc not toxic, measuring the zinc concentration, and spiking zinc into the effluent to raise the zinc concentration to the level measured in October. If zinc was the cause of toxicity, then raising the zinc concentration, to the October level should result in the same degree of toxicity as observed in October. This will confirm that it is zinc and not nickel which is causing the problem. If spiking of zinc does not confirm the hypothesis that zinc is the problem, the same procedure can be used for nickel. Schedule for Task 4: Complete by 3/31/06. Finally it should be noted that NC DWQ guidelines call for TIE procedure to be done three times during the nine month observation period. This will not be possible if no additional toxic samples can be obtained. It .is proposed that if no additional toxic samples can be obtained, that Task 4 be .repeated instead. The tasks discussed above should provide definitive evidence as to whether zinc is the cause of the toxicity incidents in October and November 2005, and whether copper was a factor. Submitted by �Wt Robert W. Kelley, AD ETT Environmental, Inc. 3 7AA Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources December 21, 2005 CERTIFIED MAIL 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 Copper and Zinc Action Level Policy NPDES Permit No. NCO020737 City of Kings Mountain — Pilot Creek W WTP Cleveland County Dear Mr. Wells: Alan W. Klimek, P.E., Director .Division of Water Quality t)FPT. OF ENNIRON M W� AM F1,1\TL1: 1 RESOURCES ih9OORES°J 7 7Ci0VAL OFFICE DEC 2 7 200' 00 This is to inform you that a review of your toxicity self -monitoring report form for the month of October 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. 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 the data indicate that the level of copper in your effluent has the potential to cause an exceedance of the NC water quality action level for this parameter 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 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 rules out copper as the cause of effluent toxicity 4. Demonstration by an alternative method approved by the Division and EPA that copper is not the cause of effluent toxicity North Carolina Division of Water Quality 1621 Mail Service Center Raleigh, NC 27699-1621 Phone (919) 733-2136 Internet: www.esb.enr.state.nc.us 4401 Reedy Creek Rd. Raleigh, NC 27607 FAX (919) 733-9959 An Equal Opportunity/Affirmative Action Employer — 50% Recycled110% Post Consumer Paper No ehCarolina ,atmally Customer Service 1-877-623-6748 KI / Page 2 City of Kings Mountain WWTP December 21, 2005 The Division has evaluated your copper monitoring data. The Division has also developed a prospective NPDES permit limit based on your facility's instream waste concentration, the copper 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 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 as a causative effluent toxicant 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 as a causative effluent toxicant. Your final report should be comprehensive and include all data used to support your conclusion(s). Should the data indicate copper as the source of effluent toxicity or if the data are inconclusive as to copper's role as a toxicity source, then the NPDES Permit will be reopened and the metal limit 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 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 copper numeric limitation, as appropriate. Page 3 City of Kings Mountain WWTP December 21, 2005 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 as a causative effluent toxicant. 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 as a source of effluent toxicity will determine whether an NPDES Permit limit will be assigned.for this parameter. 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 Zinc Action Level Policy can be found at the following web site - http://www.esb.enr.state.ne.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. 2136. If you have any questions concerning this correspondence, please contact me or Mr. Kevin Bowden at (919) 733- Sincerely, L4 Matt Matthews Aquatic Toxicology Unit Supervisor ATTACHMENTS (07 ex ` ea�ooresville Regional Office (no attachments) John Lesley -Mooresville Regional Office (no attachments) Dawn Jeffries- 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) November 10, 2005 Mr. Dennis Wells City of Kings Mountain Post Office 429 Kings Mountain, North Carolina 28086 Subject: Dear Mr. Wells: LLB Michael F. Easley, Govem William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P. E. Director Division of Water Quality Pretreatment Compliance Inspection City of Kings Mountain. NPDES Permit No. NCO020737 Cleveland County, NC Enclosed is a copy of the Pretreatment Compliance Inspection Report for the inspection of the City of Kings Mountain's approved Industrial Pretreatment Program on November 9, 2005 by John Lesley of this Office. The City's Industrial Pretreatment Program is well organized and managed. 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 (704) 663-1699. Sincerely, D. Rex Gleason, P.E. Surface Water Protection Regional Supervisor Enclosure cc: Central Files Jon Risgaard, Pretreatment Unit Cleveland County Health Department JL Noce hCarolina Naturally N. C. Division of Water Quality, Mooresville Regional Office, 610 E. Center Ave. Suite 301, Mooresville NC 28115 (704) 663-1699 Customer Service 1-877-623-6748 \o�0 W ArF NCDENR N-- CsnouRn Derut—T o✓ E_R.... .wo Na .... R—R— NORTH CAROLINA DIVISION OF WATER QUALITY PRETREATMENT COMPLIANCE INSPECTION (PCI) REPORT BACKGROUND INFORMATION [Complete Prior To PCI; Review Program Info Database Sheet(s 1. Control Authority (POTW) Name: City of Kings Mountain 2. Control Authority Representative(s): Brian Ramsey Telephone: 704-734-4524 Fax: 704-730-2152 3. Title(s): Pretreatment Program Coordinator E-mail: brainr@cityofkm.com 4. Last Inspection Date: 3 A /2005 Inspection Type: ® PCI ❑ Audit 5. Has Program Completed All Requirements from the Previous Inspection or Program Info Sheet(s)? ® Yes ❑ No 6. Is POTW under an Order That Includes Pretreatment Conditions? ❑ Yes ® No Order Type and Number: Are Milestone Dates Being Met? ❑ Yes ❑ No ® NA PCS CODING Trans.Code Main Program Permit Number MM/DD/YY Inspec.Type Inspector LN LNIC10 In I2 10 17 I3 17 1 .111 In91os1 I I LSJ (DTIA) (TYPT) (TNSP) Fac. Type L LI (FACC) 7. Current Number Of Significant Industrial Users (SIUs)? 6 SIUS 8. Current Number Of Categorical Industrial Users (CIUs)? 4 CIUS 9. Number of SIUs Not Inspected By POTW in the Last Calendar Year? 0 10. Number of SIUs Not Sampled By POTW in the Last Calendar Year? 0 11. Enter the Higher Number of 9 or 10 0 NOIN 12. Number of SIUs With No IUP, or With an Expired IUP 0 NOCM 13. Number of SIUs in SNC for Either Reporting or Limits Violations During Either of the Last 2 Semi -Annual Periods (Total Number of SIUs in SNC) 1 PSNC 14. Number of SIUs in SNC For Reporting During Either of the Last 2 Semi -Annual Periods 0 MSNC 15. Number of SIUs In SNC For Limits Violations During Either of the Last 2 Semi -Annual Periods 1 SNPS 16. Number of SIUs In SNC For Both Reporting and Limits Violations During Either of the Last 2 Semi-annual Periods 0 POTW INTERVIEW 17. Since the Last PCI, has the POTW had any POTW Permit Limits Violations? ® Yes ❑ No If Yes, What are the Parameters and How are these Problems Being Addressed? 3/05 Cadmium (See Comments Section) 18. Since the Last PCI, has the POTW had any Problems Related to an Industrial ® Yes ❑ No Discharge (Interference, Pass -Through, Blockage, Citizens' Complaints, Increased Pass -through cadmium_ Sludge Production, Etc.)? If Yes, How are these Problems Being Addressed? 19. Which Industries have been in SNC during either of the Last 2 Semi- SNC for Limits: Tag -It Talon Pacific Annual Periods? Have any Industries in SNC (During Either of the Last SNC for Reporting: None 2 Semi -Annual Periods) Not Been Published for Public Notice? Not Published: None (May refer to PAR if Excessive SIUs in SNC) 20. Which Industries are on Compliance Schedules or Orders? For all SIUs on an Order, Has a Signed Copy of the Order been sent to the Division? FNone 7 21. Are Any Permits Or Civil Penalties Currently Under Adjudication? If Yes, Which ❑ Yes ® No Ones? Filename: Kings Mtn pci 0506 Page 1 Revised: 6/30/99 F ETREATMENT PROGRAM ELEMENTS REVIEW- Please review POTW files and complete the following: Program Element Date of Last Approval Date Next Due, If Applicable Headworks Analysis (HWA) 9/20/05 9/11/10 Industrial Waste Survey (IWS) 12/30/04 Sewer Use Ordinance (SUO) 9/27/01 12/1/06 Enforcement Response Plan (ERP) 8/25/94 Long Term Monitoring Plan (LTMP) 9/20/05 LTMP FILE REVIEW: 22. Is the LTMP Monitoring Being Conducted at Appropriate Locations and Frequencies? ® Yes ❑ No 23. Should any Pollutants of Concern be Eliminated from or Added to the LTMP? ❑ Yes ® No If yes, which ones? Eliminated: Added: 24. Are Correct Detection Levels being used for all LTMP Monitoring? ® Yes ❑ No 25. Is the LTMP Data Maintained in a Table or Equivalent? ® Yes ❑ No Is the Table Adequate? ® Yes ❑ No INDUSTRIAL USER PERMIT (IUP) FILE REVIEWO IUP FILE REVIEWS OR 1 FILE REVIEW AND 1 IU INSPECTION) 26. User Name 1. Entertain Dist. Corp. 2. Mayflower Vehicle Sys. 3. KMI 27. IUP Number 007 026 031 28. Does File Contain Current Permit? ® Yes ❑ No ® Yes ❑ No ® Yes ❑ No 29. Permit Expiration Date 11/17/06 11/17/06 7/1/10 30. Categorical Standard Applied (I.E. 40 CFR, Etc.) Or N/A 433 433 433 31. Does File Contain Permit Application Completed Within One Year Prior to Permit Issue Date? ® Yes ❑ No ® Yes ❑ No ® Yes ❑' No 22. Does File Contain an Inspection Completed Within Last Calendar Year? I ® Yes ❑ N=ol ® Yes ❑ No ® Yes ❑ No 33. a. Does the File Contain a Slug Control Plan? b. If No, is One Needed? See Inspection Form from POTW) a. ®Yes ❑No b. ❑Yes ❑No a. ®Yes ❑No b. []Yes ❑No a. ®Yes []No b. ❑Yes El 34. For 46 CFR 413 and 433 TTO Certifiers, Does File Contain a Toxic Organic Management Plan (TOMP)? ®Yes❑No❑N/A ®Yes❑No❑N/A -No ❑Yes®No❑N/A 35. a. Does File Contain Original Permit Review Letter from the Division? b. All Issues Resolved? a. ®Yes ❑No b.®Yes❑No❑N/A a. ®Yes ❑No b.®Yes❑No❑N/A a. ®Yes ❑No b.®Yes❑No❑N/A 36. During the Most Recent Semi -Annual Period, Did the POTW Complete its Sampling as Required b IUP? ® Yes ❑ No 77�No ® Yes ❑ No 37. Does File Contain POTW Sampling Chain -Of -Custody Forms? ® Yes ❑ No I ®Yes ❑ No ® Yes ❑ No 38. During the Most Recent Semi -Annual Period, Did the SIU Complete its Sampling as Required by IUP? ®Yes❑No❑N/A ®Yes❑No❑N/A ®Yes❑No❑N/A 39. Does Sampling Indicate Flow or Production? ®Yes❑No❑N/A ®Yes❑No❑N/A ®Yes❑No❑N/A 40. During the Most Recent Semi -Annual Period, Did the POTW Identify All Non -Compliance from Both POTW and SIU Sampling? ® Yes ❑ No ❑ NA ® Yes [INo ❑ NA ® Yes El No ❑ NA 41. a. Was the POTW Notified by SIU (Within 24 Hours) of All Self- Monitoring Violations? b. Did Industry Resam le Within 30 Days? a.❑Yes❑No®N/A b. ❑Yes ❑No a.❑Yes❑No®N/A b. ❑Yes ❑No a.❑Yes❑No®N/A b. ❑Yes ❑No 42. Was the SIU Promptly Notified of Any Violations (Per ERP)? ❑Yes❑No®N/A ❑Yes❑No®N/A ❑Yes❑No®N/A 43. During the Most Recent Semi -Annual Period, Was the SIU in SNC? ❑ Yes ® No ❑ Yes ® No 11 ❑ Yes ® No 44. During the Most Recent Semi -Annual Period, Was Enforcement Taken as Specified in the POTWs ERP? ❑Yes❑No®N/A ❑Yes❑No®N/A ❑Yes❑No®N/A 45. Does the File Contain Penalty Assessment Notices? ❑Yes❑No®N/A ❑Yes❑No®N/A ❑Yes❑No®N/A 46. Does The File Contain Proof Of Penalty Collection? ❑Yes❑No®N/A ❑Yes❑No®N/A ❑Yes❑No®N/A 47. a. Does the File Contain Any Current Enforcement Orders? b. Is SIU in Compliance with Order? a.❑Yes❑No®N/A b.❑Yes❑No®N/A a.❑Yes❑No®N/A b.❑Yes❑No®N/A a.❑Yes❑No21N/A b.❑Yes❑No❑N/A 48. Did the POTW Representative Have Difficulty in Obtaining Any of This Requested Information For You? ❑ Yes ®No ❑ Yes ®No ❑ Yes ® No Filename: Kings Mtn pci 0506 Page 2 Revised: 6/30198 FILE REVIEW COMMENTS: Question 33: The slug and spill control plans and the TOMPs for Entertainment Distribution and Mayflower are over 5 years old. Updated plans should be requested. Question 34: KMI performed the TTO analyses in 2005. Should the SIU wish to certify that no TTO has been discharged, a Toxic Organics Management Plan (TOMP) must be submitted to the POTW. PCI SUMMARY AND COMMENTS: PCI Comments: 1. Ta2-It Talon Pacific was in SNC for violations of copper and zinc limits in the IUP. The SIU has indicated that it will cease operation in 2005. 2 Spectrum was identified as the source of the cadmium for the pass -through event in 3/05. A Notice of Violation was sent to the SIU for the IUP limit violation. The SIU has corrected the problem which caused the noncompliance and the City is still considering a civil penalty against the SIU. Requirements: See the Program Elements Review Section of this report. See Questions 33 and 34 above. Recommendations: The City's Industrial Pretreatment Program is commendable. Keep up the good work. NOD: ❑ Yes ® No NOV:' ❑ Yes ® No QNCR: ❑ Yes ® No POTW Rating: Satisfactory ® Marginal ❑ Unsatisfactory ❑ PCI COMPLETED BY: �1a DATE: November 10, 2005 J'oh esley, Mooresville Reg'ibnal Office Filename: Kings Mtn pci 0506 Page 3 Revised: 6/30/98 OF �NATFR r� P . Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Edgar O Murphrey, Jr City of Kings Mountain 101 W Gold St Kings Mountain, NC 28086 July 21, 2005 SUBJECT: Payment Acknowledgment Civil Penalty Assessment Pilot Creek WWTP Permit Number: NCO020737 Case Number: LV-2005-0217 Cleveland County Dear Mr. Murphrey: Alan W. Klimek, P.E. Director Division of Water Quality This letter is to acknowledge receipt of check number 47158 in the amount of $585.04 received from you dated July 14, 2005. 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 919-733-5083 Ext.547. Sincerely, Frances Candelaria cc: Enforcement File # LV 2005 0217 5WQ=M6oresville Regional Office=S_ ervfsor Central Files Nu ADEPT. OF GMlIaONM AND-NA7tl^^'.nWsOURCEg ". t; All A; JUL 2 2 2M i pq�� �j g`'^�� r �g b sue U � N CDO NoLCarofina Naturally 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 733-7015 Customer Service 1 800 623-7748 V1 . .. ..... . . ......... lvp 66-112 THE CITY OF KINGS MOUNTAIN 531 Branch Banking and Trust Company 47158. GENERAL FUND / UTILITIES P.O. BOX 429 e KINGS MOUNTAIN, NC 28086 7/14/2005 . DATE PAY EXACTLY $585-;i' DOLLARS AND F (30(D5'0 NCDENR TO THE ORDER DIVII'-SIA.T�l OF MA -TER G.4-ALITY' p OF 16 17 VI A I L F314--' RV I ME C ENTF�l , RALEIGH 1',.4C 27459q-1617- 41.7 156 No. AMOUNT *04tENTS ()4* 0 THIS DISBURSEMENT HAS BEEN APPROVED AS REQUIRED BY THE LOCAL GOVERNMENT BUDGET AND FISCAL CONTROL ACT. IIm047j5811v i:053101121I:5lL4057330II' r�s NCDENR :North Carolina Department of Environment and Natural .Resources Division of Water Quality Michael F. Easley, Governor June 28, 2005 CERTIFIED MAIL '7003 - 0 0 565� a4'7`I RETURN RECEIPT REQUESTED Mr. Dennis Wells,'Collection and Distribution;Systern Director -City :of Kings Mountain P.O. Box 429 Kings Mountain, NC 28086 Dear Mr. Wells: William G. Ross, Jr., Secretary Alan W: Klimek, .P.E., Director 'SUBJECT: Notice ,of Violation -and Assessment.of Civil Penalty for Violations of NC. `-General Statute 143-215.1(a)(6) and NPDES Permit No. NCO020737 Pilot `Creek TW WTP Case No. LV-2005-0217 <Cleveland,County . This letter transmits:a.Notice.of Violation and assessment.of oivil penalty in -the amount of $585.04 -($500 00-divd penalty + $85 b4 :enforcement, costs):against the City of Kings Mountain. This assessment is based upon the following facts:.A review.has been conducted of the -discharge monitoring report (DMR) submitted .by the City ofKings Mountain for :the month of March 2005. This reviewIm shown the -subject facility:to be in violation of the .discharge .limitations found-inNPDES Permit'No. NC0020737 The violations are summarized in Attachment Ato this letter. Based .upon the above facts, I conclude as a matter of law that the ,City of Kings Mountain -violated ;the terms,;conditions;orrequirements ofNPDES PermitNo.NCO020737 and North Carolina-General:Statute:(G.S.) 143215.1(a)(6) in the manner -and -extent showninAttachment A. A %civil penalty maybe assessed in accordance with the maximums .established by G:S.143- 215.6A(a)(2). Based upon the above findings of fact and -conclusions oflaw, -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, D. Rex Gleason, 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 AT One�7,d��,M�_w�, 610 East Center Avenue, Suite 301, Mooresville, North Carolina 28115 1r011 ffiCu t Vhum Phone: 704-663-16991 Fax: 704-663-6040.1 Internet: h2o.enr.state.nc.us An Equal Opportunity/Affirmative Action Employer— 50% Recycledl10% Post Consumer Paper KL Ki $ 500.00 For 1 of the one (1) violation of G.S. 143- 215. 1 (a)(6) and NPDES Permit No. NC0020737, by discharging waste into the waters of the State in violation of the permit weekly average effluent limit for Total Cadmium. $ 500.00 $ 85.04 $ 585:04 TOTAL CPAL 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 the Findings ofFact amdConclusions-ofLaw and the factors set fords 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) Theamount of money saved .by noncompliance; (6) "Whether .the -violations were -committed willfiilly or intentionally; (7) The prior record.ofthe 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.dxys°ofreceipt of -this motice, you must do one of the following: 1. , 'Submit payment of the penalty: Payment should :be made directly .to the order of Department of Environment and Natural,Resources'(do norinch de .waiver farm). -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 Branch Division of water Quality 1617 Mail Service Center Raleigh, North Carolina. 27699-1617 OR 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 inthe 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 whyyou=believe the. oivilpenalty;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 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 environmentat 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) whetherpayment 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 reviewyour:evidence iand informyou of his decision in the matter.ofyour remission request. The response vvill.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 ofthe-original remission request considered by the -Director. Therefore, it is very important that you prepare a complete and thorough.statement in support ofyour 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 (3 0) 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 Branch Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 ^a.a..e�:rn sG�Y,.'^:.u.. i`1,.�.Ei`..,«:.:..✓+�t...�e.�..':.u.'h...�...r�'rr�l.ir iS.t.s_s..e n1:::�1^.-.:[l,ll::: �5..�«�..�.:.�W�x.����:�K''�i'_-.fw.�.«j"..i-T ^L.^S'i�. OR 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 original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed —.provided the original and one copy .of the document is received in the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings -6714 Mail Service Center Raleigh, North�Carolina 27699-6714 Telephone: (919) 733-2698 Facsimile: (919) 733-3478 A copyof the.petition must also :be served -on DENR as follows: Mr. Dan Oakley, General• Counsel Department of Environment and Natural Resources 1601 'Mail Service Center Raleigh, North Carolina 27699-1601 .Please indicate the case number -(as found on page one ofthis letter) on the :petition. Failure to exercise one ofthe options above within thirty (30) days of receipt of this letter, 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 oueration 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 Surface Water Protection Section staff ofthe Mooresville Regional Office at 704/663-1699. v ssrl�.�.+..�.v..�:...���1� � -5::=..a..:�:.w.:....,e�........e.�.,*: ��.�..e.:,.::; ,...._a.. � �•.�i.::.:��n'L:._-+-.1- -s-v'...:e..a.V��.:.r...s..:�,..:.:..5.ar.......�«...w.vre.�, aw+.. e..,.er.�n.c.•.mw.�rt.�rr..�...!».�.....r.�.�n� .y_ _ ._y,.� ..-..ta� 4-t- Z.? -2 oos' (Date) ATTACHMENTS D. Rex Meason, P.E. Surface Water Protection Regional Supervisor Mooresville Regional Office Division of Water Quality cc: Surface Water Protection Regional Supervisor w/ attachments Compliance/Enforcement File w/ attachments Central Files w/ attachments Limit Violations, March 2005 Attachment A City of Kings Mountain Pilot Creek WWTP NPDES Permit No. NCO020737 Case Number LV-2005-0217 Weekly Average Limit Violations Parameter Reported Value Limit Units Total Cadmium 13.5 * 6.1 µg/L * denotes assessment -of-civil penalty. s,.,.".,...,c. �+ _ -�, a• _ ': �S:„..^r:.r���g� �'- �s�w,F'. `'` •++.;•,..!rr_+.. �' ^;u._,;,ez..w_y= !-„,.m,,,,_,.`.a:.>'.srt,.,'.r."�v..+...,.: L.ii.��..:•:.�+.:, i..+.v.•-_. rx_.._,._.._,si:%:'.�" STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF Cleveland IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN CIVIL PENALTIES AGAINST ) ADMIlVISTRATIVE HEARING .AND STIPULATION OF FACTS City of Kings Mountain ) PERMIT NO. NCO020737 ) FILE NO LV-2005-0217 Having been assessed civil penalties totaling $585.04 -for violation(s) as set forth in the assessment document-ofthe Division -of Water Quality dated -June 28, 2005, 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 ADDRESS TELEPHONE Im 2005 1: ,•,� �, .. rri ,., _, i . �, r 2 -..nk �, _. ,�,,..:� ax � .+ .:- -- < y � ,� i .i t "� . .., 4 . N:..o- Y Y r+w.S•�._-rt� ^a.,.n.�• ...ea. rr_t.,xit4`a� 61... .H � "'�, a •"" ti i.,c �� JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LV-2005-0217 Assessed Party: City of Kings Mountain Permit No. (if applicable): NC0020737 County: Cleveland Amount Assessed: $585.04 Please -use this form when requesting remission of this civil .penalty. You must .also complete the "Waiver ofR&ht to an Administrative Hearing and Stimulation o Facts" form.to request remission-ofthis 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 civil penalty may 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 .ciO penalty assessment factors in N C G S 143B-282.1(,b) were wrongkUy 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 dan=e resulting from the violation # 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 somethingyou could .notprevent:orprepare for); (d) the violator had not been assessed civil penalties for anti previous violations- (e) payment of the civil penalty will prevent payment for the ppMWpWg necessary remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: EFFLIUEN �` � ®� MAY NPDES PERMIT NO. C 6D;(D73 -7 DISCHARGE NO. MONTH Sii q�LCi-� �-EAR� FACILITY NAME 1MO7 CZEEK w1p CLASS ML COUNTY_ OPERATOR IN:RESPO VS�SIBLE CHARD 'T. GRADEM PHONE _-7p4-?39 --t' CERTIFIED LABORS RIES _(' ` `' L (?)_ 4!AQ LABS `w CRD :cllEcx Bo7: YF oRc S CFIANGED ',_:.�� a ORWON(S) COLLECTING SAMPLES Oj itA'(pYS Mail ORIGINAL -and ONE C6PY to: ATTN: CENTRAL FILES a� DIVISION OF WATER QUALITY f �. �Q; ATURE OF O A P NSIBLE CHARGE) DA'1 1617 MAIL SERVICE CENTER BY MUS SIGNA 1 ' RTIF1' THAT TIIIS REPORT 1S RALEIGH, NC 27699-1617 ACCMUTE A Olt ETE TO TIIE BEST OF MY iiNOWLEI)GE v DWQ Form MR-1 (01/00) ✓I �? = r� Facility Status: (Please check one of the following) All monitoringdata and sampling frequencies meet permit requirements Compliant All monitoring data and sampling .frequencies do NOT meet permit requirements Noncompliant 'If the facility.is:noncompliant,.please comment on corrective actions being taken in respectto equipment, operation. maintenance, etc - and a -time -table -for improvementsto'bemade. 'I.certify mnderpenaltyof`law,:thatthis document-and.all:attachmentswereprepared-undermy direction or:supervisionin.accordancc -with a system designedto assure that qualified personnel;properly gather -and evaluate the information submitted. Based on my inquu- ,of theperson or persons who manage -the system, or -those persons directly responsible for gathering the information, -the information submitted is, to the best of my knowledge and belief, true, .accurate, and complete. I am aware that there -are significant penalties for submitting false information, including the possibility of:fmm and imprisonment for knowing violations.- 'DE1.(:Qn::5 WELLS Permittee °(Pl�eas�ep/rriint or.type) Piictre 'll � Y-2f-20aS -Signature. ofPermittee" Date -(Required) _ tteeAddress pabx ag - _._. ThoneNuniber Permit Date a ag - - —PA AMETEWCODES -00010 Temperature 400556 -Oil.&'Grease 00951 TotalMuadde 01067 -Nickel .50060 Total 00076 Turbidity 00600 Total Nitrogen 01002 Total Arsenic -01077 Silver 'Residual 00080 °Color (Pt -:Co) -00610 Ammonia Nitrogen 01092 .Zinc -Chlorine 00082 Color (ADMI) 00625 Total Kjeldhal 01027 Cadmium 01105 Aluminum .Nitrogen 00095 Conductivity 00630 Nitrates/Nitrites <01032 Mexavalent Chromium ;01147 Total•Selenium 71880 .Foffialdehy :00300 Dissolved Oxygen - - ._ �01.034 .Chromium 31616 'Fecal,Colifaan - 71900 Mercury. 00310 .BOD5 - _ -00665 Total Phosphorous - 32730 Total Phenolics '81551 Xylene 00340 COD 00720 Cyanide » 01037 Total Cobalt 34235 Benzene 00400 pH 00745 Total:Sulfide 01042 Copper 34481 Toluene 00530 TotalSuspended00927 Total Magnesium 01045 Iron 38260 :MBAS Residue 00929 Total Sodium 01051 Lead .39516 PCBs 00545 Settleable Matter 00940 Total Chloride 01062 Molybdenum 50050 .Flow Parameter Code -assistance may obtained by.calling.the Point Source Compliance/Enforcement Unit at (919) 733-5083 or byvisiting the WaterQualitySection's web site at h2o.enr.state.nc.us/was and linking to the Unit's in pages. Use only units designated in the reporting facility's -permit for reporting data. = * ORC must visit facility and document visitation of facility as required per 15A NCA,C 89_O2W.i _ ** If signed by other than the permittee, delegation of signatory authority must be on file with the state_ per 15A NCAC 2B .0506 (b) (2) (D)•"1 -- Permit NCc ' A. R.) EFFLUENT LDHTATIONS AND MONITORING REgUIEEMENTS During the period lbeginning on the effective date of this permit and .lasting until et-piration, the Pc -authorized to discharge :from outfall 001. Such discharges -shall be limited and monitored by the Pe s ecified'belcm: ~L��1-r1'lY, ou w. itiw.i� e��• •"'� Y [7yurSr■j$njj$nnn 5 li, tJY�"S ..t • nyy � . KW �µ A a.:.I''Aw,.'.. I.N,t l,y."• y®® } a� Kti T CG"� . �G�AMS LL . Flow 6.0 MGD Daily Instantaneous Influent o BODs, 20°C(April 1-October 31 2 28.0 m 42.0 m /L Dail Composite Effluent, BODs,202C_(Novemberl-March 30.0mgk -45.0 mg/L -Daily Composite Effluent, 31)2 Total -Suspended Solids3 30.0m L -45.0 m :Daily Composite Effluent, NH3 asN rill—'October.31 ;2.6m L 7:8m Daily Composite Efflu NH3 as N November 1--March 31 -8.9 m91 :26.7 m Daily Composite Efflu Dissolved.0 en4 'DailyGrab Efflu -Fecal Colform 200 /100 ml 400 /100°ml. Daily Grab Efflu eometric mean Total Residual Chlorine 28 µg/L Daily Grab Effiu H Between 6:0 — 9.0 Standard Units 'DailyGrab Efflu Temperature °C Daily Grab EffluTotal Nitrogen NOz+ NO3+TKN Quarterly Composite Efflu Total Phos horus Quarterly Composite Efflu Chronic Toxic' Quarterly Composite Efflu Total Cadmium 6.1 µg/L 15 µg/L -Weekly Composite Efflu Chloride 2/Month Composite Effiu Total Copper 2/Month Composite Efflu Total Zinc .2/Month Composite Effiu Total Chromium '2/Month Composite Efflu i Total.Cyanide 2/Month 'Grab Efflu Total Nickel I.2/Month -Composite Efflu Dissolved Oxygens s Grab Upstrt Downs Temperature (.C)s B Grab Upstr( - Downs Prio ' Pollutant,Scan See condition A. 3 ofthis permit ConductivV 6 Grab Upstre Downsi Notes: —Cup— 10—bons. -upstream —_,upstream 100 yarns .above outfall; Downstream — Downstream 1103. 2. 'The monthly average effluent BODE concentration :shall not :exceed 15% of the respective value (85% removal). '3. The monthly average effluent 'Total -Suspended Solids concentration shall not exceed 30� respective influent value (70% .removal). This waiver from the 85% removal requirement apr- for the term of the permit -Continuation of this waiver must be requested upon renewal. 4. The daily average dissolved oxygen concentration shall not be less than 5. 0 mg/L. 5. Whole Effluent Toxicity -shall'be measured by the Chronic Toxicity (P/F) test using Ceriodaphu at 33%_ Testing -shall 'be conducted in January, April, July and October (see Part A (2.)). sampling shall coincide with toxicity testing. 6. Instream samples .shall :be collected three times per week during the months of June-Septen once per week during the remaining months of the year_ There shall be no discharge of floating solids or visible foam in other than trace amounts. Michael F. Easley, Gov yior William G. Ross Jr., Secr thry North Carolina Department of Environment and Natural Resources April 7, 2005 Mr. Brian Ramsey Industrial Pretreatment Program Coordinator City of Kings Mountain 1013 N. Piedmont Avenue Kings Mountain, North Carolina 28086 Subject: PAR Review City of Kings Mountain NPDES Permit No. NCO020737 Cleveland County, NC Dear Mr. Ramsey: Alan W. Klimek, P. E. Director Division of Water Quality Mooresville Regional Office staff has reviewed your Pretreatment Annual Report (PAR) for the reporting period of January through December 2004. Based on the review, it appears that the POTW completed the PAR in accordance with guidelines set forth in Chapter 9 of the Comprehensive Guidance for North Carolina Pretreatment Programs. If you have any questions concerning your PAR, please do not hesitate to contact John Lesley of this Office at (704) 663-1699. Sincerely, D. Rex Gleason, P.E.- Water Quality Regional Supervisor Cc: PERCS Unit — Jon Risgaard Central Files JL NorthCarolina N. C. Division of Water Quality, Mooresville Regional Office, 610 E. Center Ave. Suite 301, Mooresville NC 28115 (704) 663-1699 Customer Service 1-877-623-6748 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources January 6, 2005 Edgar O. Murphrey, Jr. City of Kings Mountain 101 W.Gold St. Kings Mountain, NC 28086 SUBJECT: Payment Acknowledgment Civil Penalty Assessment Pilot Creek WWTP Permit Number: NCO020737 Case Number: LV-2004-0546 Cleveland County Dear Mr. Murphrey Alan W. Klimek, P.E. Director Division of Water Quality This letter is to acknowledge receipt of check number 44713 in the amount of $585.04 received from you dated November 24, 2004. 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 919-733-5083 Ext.547. Sincerely, Coleen Sullins cc: Enforcement File #: LV-2004-0546 ,— 0 Moares lle R onal office Supe s Central Files One NorthCarolina 66-112 THE CITY OF KINGS MOUNTAIN 531 BBU 44 713 GENERAL FUND / UTILITIES Branch Banking and Trust Company P.O. BOX 429 • KINGS MOUNTAIN, NC-28086 DATE I. i %�`c00= '}'}l13No. PAY EXACTLY 585DOLLARS AND 914-50 lit: i4r, TO THE PUBLIC WATER SUPPLY SECTION ORDER r• s t tp ,.ti�x AMOUNT CENTS �s�-9_ ii a Y mU GC O THIS DISBURSEMENT HAS BEEN APPROVED AS REQUIRED BY THE LOCAL GOVERNMENT BUDGET AND FISCAL CONTROL ACT. aaS OF .I. AL C3�ii J I i', r LE GH NC 276--J9--1634 II10447 LPI I:053 LO L L 2 LI:S L L40573301r 10 �'1P I NCDE14R North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor October 28, 2004 William G. Ross, Jr., Secretary Alan W. Klimek, P.E., Director CERTIFIED MAIL RETURN RECEIPT REQUESTED 7003 2260 00013550 3261 Mr. Dennis Wells, Collection and Distribution System Director City of Kings Mountain P.O. Box 429 Kings Mountain, NC 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. NCO020737 Pilot Creek WWTP Case No. LV-2004-0546 Cleveland County Dear Mr. Wells: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $585.04 ($500.00 civil penalty + $85.04 enforcement costs) against the City of Kings Mountain. This assessment is based upon the following facts: A review has been conducted of the discharge monitoring report (DMR) submitted by the City of Kings Mountain for the month of August 2004. This review has shown the subject facility to be in violation of the discharge limitations found in NPDES Permit No. NC0020737. 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. NCO020737 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, D. Rex Gleason, 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 11����One 610 East Center Avenue, Suite 301, Mooresville, North Carolina 28115 1�ofthCarohna, Phone: 704-663-1699 / Fax: 704-663-6040 / Internet: h2o.enr.state.nc.us Naturally An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10°/a Post Consumer Paper $ 500.00 For 1 of the one (1) violation of G.S. 143- 215.1(a)(6) and NPDES Permit No. NC0020737, by discharging waste into the waters of the State in violation of the permit weekly average effluent limit for Total Cadmium. $ 500.00 $ 85.04 $ 585.04 TOTAL CWIL 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 Branch Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 OR 2. Submit a written request for remission including a detailed justification for such request: Please be aware that a request for remissionis 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. 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 Branch Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 OR 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 original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed — provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5) business days following the, faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-6714 Telephone: (919) 733-2698 Facsimile: (919) 733-3478 A copy of the. petition must also be served on DENR as follows: Mr. Dan Oakley, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, North Carolina 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 letter, 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 penal assessment or a Special Order by Consent, please contact the Surface Water Protection Section staff of the Mooresville Regional Office at 704/663-1699. r (Date) ` D. Rex Ofeason, P.E. Surface Water Protection Regional Supervisor Mooresville Regional Office Division of Water Quality ATTACHMENTS cc: Surface Water Protection Regional Supervisor w/ attachments Compliance/Enforcement File w/ attachments Central Files w/ attachments Limit Violations, August 2004 Parameter Total Cadmium Attachment A City of Dings Mountain Pilot Creek WWTP NPDES Permit No. NCO020737 Case Number LV-2004-0546 VVeekly Average Limit Violations Reported Value .Limit 10.0 * 6.1 * denotes assessment of civil penalty. Units µg/L STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF Cleveland IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND STIPULATION OF FACTS City of Kings Mountain ) PERMIT NO. NCO020737 ) FILE NO. LV-2004-0546 Having been assessed civil penalties totaling 1585.04 for violation(s) as set forth in the assessment document of the Division of Water Quality dated October 28, 2004, 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 ADDRESS TELEPHONE FM JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: Assessed Party: Permit No. (if applicable): County: Amount Assessed: LY-2004-0546 City of Kings Mountain NC0020737 Cleveland $585.04 Please use this form when requesting remission of this civil penalty. You must also complete the "Waiver ofRight to an Administrative Hearing and Stipulation ofFacts" 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.IN 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 = previous violations; (e) payment of the civil penalty will prevent 1ayment 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: EFFLUENT DISCHARGE NO. O'D/I IA r) N TI NVIDES P LPM I TN') K Q a 0 7L C"'-)' INTY FACILITY NAME C L AS, .1� OPHRAPOR IN REESPONSIBLE CHAPOYE", (UPC')` -�7' V -7' ZI CER. TIFIED, CIIANGEID SAIVIPI-L-S— C)R1,,'--iINALand ONE COPYW: A 0— ATTN: CENURAI, Jq1,rS 41�-MATILIREOF URATOUN Q'kl.,ILT,IT)' KESPONS11 I'LE, C1 IARUF, ..•�:i:I�:- :�iL':;��I'i 'i1��CI<�kGGILI1C�Ijt l'-VTl1lSS1(;NAT Zl-:� CERTIFY Ill 1AT'rills RE1,01-1, Ill' IIi NIUE- SWEVICE CENT"T I TIHAWS"I'(FNI) KNONV-f1-'!)(;F. RA1,YI(IR, INK" :!761)()-1617 N11) CONIPLETETO 50060 0031 G 1 006)(1 00;301 31610 00300 00600, 00665 50(?.�(,), (wom mwoc ; -- FLow ENTEX PARAMETER CODEABOVE N,-',Nl!: AND UNITS 1;1",I.()W < INF �fz < Z. IN I N-lCD OC i ITNITS I:C;/,- Nl(;fl, NIC-11, NICIL 1WWW"ll, MG/I. IL z I-Ve al-0 S 4 J ly a, 7� K D .7Z) lull; 1 4 71. j :L ZL 03D ii sin-gc�.,d4.- C) �z .5 ag 5 2 .0 e-L io�- 2.2 I isl 2-0 n3� 4: vi 1<r, :7 t II KO'S AVERAGE C.,.:t 71 o S V., PIIITO�,�N mc/1, I wivulmi, A MINIMUM "D 4: ..... ..... i Nlonthiy Limh .16 D cr, DWO Form, MR-1 (0 1 /00 Facility Status: (Please check one of the following) All monitoring data and sampling frequencies meet permit requirements All monitoring data and sampling frequencies do NOT meet permit requirement., Compliant Noncompliutt If the facility is noncompliant, please comment on corrective actions being taken in respect to equipment. operation. maintenance, etc., and a time -table for improvements to be made. SEca P 0 1_�_ox1cl � "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supenision in accordance with a system designed to assure that qualified personnel pioperly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible forgathering the -information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." _bE!-MtS WELLS Permittee (Please print or type) Signature of Permittee" Date _ (Required) Permittee Address �Phone Number Permit Exp. Date po:'13o)C 4Z/9 I+ "Qs TWI—W. h� Z20$(P 75>4-13A- 452S' 3)Zoo? PARAMETER CODES 00010 Temperature 00076 Turbidity 00080 Color (Pt -Co) 00082 Color (ADMI) 00095 Conductivity 00300 Dissolved Oxygen 00310 B OD5 00340 COD 00400 pH 00530 Total Suspended Residue 00545 Settleable Matter 00556 Oil & Grease 00951 Total Fluoride 01067 Nickel 50060 Total 00600 Total Nitrogen - 01002 Total Arsenic 01077 Silver .: Residual 00610 Ammonia Nitrogen 01092 Zinc Chlorine 00625 Total Kjeldhal 01027 Cadmium 01105 Aluminum Nitrogen 00630 Nitrates/Nitrites 01032 Hexavalent Chromium 01147 Total Selenium 71880 Formaldehyde 01034 Chromium 31616 Fecal Coliform 71900 Mercury 00665 Total Phosphorous 32730 Total Phenolics 81551, kylene ' 00720 Cyanide 01037 Total Cobalt 34235 Benzene," 00745 Total Sulfide 01042 Copper 34481 Toluene 00927 Total Magnesium 01045 Iron 38260 MBAS 00929 Total Sodium 01051 Lead 39516 PCBs . 00940 Total Chloride . 01062 Ivlolvbdenum 50050 Flow Parameter Code assistance may obtained by calling the Point Source Compiiance/1—Enforcement Unit at (919) 733-508 3 or by visiting the Water Quality Section's web site at h2o.enr.state.nc.us/wqs and linking to the Unit's information pages. Use only units designated in the reporting facility's permit for reporting data. * ORC must visit facility and document visitation of facility as required per 15A NCAC '8G .620,f. J * If signed by other than the permittee, delegation of signatory authority must be. on file with the state per 15A NCAC 2B .0506 (b) (2) (D). Permit NCOc, A. ( 1.) EFFLUENT LI MI irsl IC) S AND 1tlYONiTC)RING REQUIREMENTS During the period beginning on the effective date of ti"lis permit and lasting until expiration. the Permittee authorized to discharge from outfall 001. Such discharges shall be limited and monitored by the Permittee a5 specified below: EFFLUENT CHARACTERISTICS - LIMITS MONITORING REQUIREMENTS Morith.ly Average Weekly Average Daily ' Maximum 'Measurement - Frequency. Sample Type Sample Location' Flow 6.0 MGD Daily Instantaneous Influent or Effluent BODs, 202C (April 1- October 31 2 28.0 m /L 42.0 mg/L Daily Composite Effluent, Influent BODs, 202C (November 1-March 31)2 30.0 mg/L 45.0 mg/L Daily Composite Effluent, Influent Total Suspended Solids3 30.0 m /L 45.0 mg/L Daily Composite Effluent, Influent NH3as N April 1 — October 31 2.6 m /L 7.8 m /L Daily Composite Effluent NH3 as N (November 1—March 31) 8.9 m /L 26.7 m /L Daily Composite Effluent Dissolved Oxygen4 Daily Grab Effluent Fecal Coliform eometric mean 200 / 100 ml 400 / 100 ml Daily Grab Effluent Total Residual Chlorine 28 µg/L, Daily Grab Effluent PH Between 6.0 — 9.0 Standard Units Daily Grab Effluent Temperature °C Daily Grab Effluent Total Nitrogen (NO2 + NO3 + TKN) Quarterly Composite Effluent Total Phosphorus Quarterly Com osite Effluent Chronic Toxicity5 Quarterly Composite Effluent Total Cadmium 6.1 µg/L 15 µg/L Weekly Composite Effluent Chloride 2/Month Composite Effluent Total Copper 2/Month Composite Effluent Total Zinc 2/Month Com osite Effluent Total Chromium 2/Month Composite Effluent Total Cyanide 2/Month Grab Effluent Total Nickel 2/Month Composite Effluent Dissolved Oxygen6 6 Grab Upstream, Downstream Temperature (oC)6 6 Grab Upstream, Downstream Prioritv Pollutant Scan See condition A.(3) of this permit Conducti4ity6 6 Grab Upstream, Downstream Notes: 1. Sample locations: Upstream — Upstream 100 yards above outfall; Downstream — Downstream at NCSR 1103. .2. The monthly average effluent BODs concentration shall not exceed 15% of the respective influent value (S5% removal). 3. The monthly average effluent Total Suspended Solids concentration shall not exceed 30% of the respective influent value (70% removal). This waiver from. the 85% removal requirement applies only for the term of the permit. Continuation of this waiver must be requested upon renewal. 4. The daily average dissolved oxygen concentration shall not be less than 5. 0 mg/L. 5. Whole Effluent Toxicity shall be measured by the Chronic Toxicity (P/F) test using Ceriodaphnia dubia at 33%. Testing shall be conducted in January, April, July and October (see Part A. (2.)). Toxicant sampling shall coincide with toxicity testing. 6. Instream samples shall be. collected three times per week during the months of June -September and once per week during the remaining months of the year. There shall be no discharge of floating solids or visible foam in other than trace amounts. �- WAT FRQG Michael F. Easley, Governor William G. Ross a Jr., Secretary North Carolina Department of Environment and Natural Resources r Alan W. Klimek, P.E. Director >_ Division of Water Quality January 6, 2005 Edgar d. Murphrey, Jr City of Kings Mountain��C 101 W Gold St. Kings Mountain, NC 28086 SUBJECT: Payment Acknowledgment Civil Penalty Assessment J A N i 12005 Pilot Creek WWTP Permit Number: NCO020737 Case Number: LV 2004-0588 Cleveland County 11 fs Dear Mr. Murphrey: This letter is to acknowledge receipt of check number 45002 in the amount of $585.04 received from you dated December 22, 2004. 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 fixture 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 919-733-5083 Ext.547. Sincerely, , '/ t / f'llsc, Coleen Sullins cc: Enforcement bile #: LV 2004-0588 D, moor egEval ceitper Central -Files Wo'AbCarolina 66-112 THE CITY OF KINGS MOUNTAIN 531 B U 45002' GENERAL FUND / UTILITIES Branch Banking and Trust Company P.O. BOX429 • KINGS MOUNTAIN, NC 28086 12 /22/2004 45002 DATE NO. s585* *04* AMOUNT PAY EXACTLY DOLLARS AND CENTS $565. 04* a o THIS DISBURSEMENT HAS BEEN APPROVED AS REQUIRED BY THE LOCAL GOVERNMENT BUDGET AND FISCAL CONTROL ACT. 00'JbrJ � POINT POINT SOURCE BRANCH THE DIVISION OF WATER DUALITY DER OF1617 MAIL SERVICE CENTER RAL.EIGH NC 27699-1617 11201,S0020 i:O 5 3 LOLL 2 LI: 5 L L 40 5 7 3 3011' RETUI Mr_:Dei q, NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality dain 'NC 28086`;_ j SUBJECT December 3; 2004 Pilot Creek WV* TP Case No. LV-2004-0588 Cleveland County. . . William G. Ross, Jr., Secretary -Alan W. Klimek, P.E., Director Dear Mr. Wells: This letter transmits a Notice --of Violation and assessment of civil penalty in the amount of $585 04:($500.00 civil penalty + $85.04 enforcement costs) against the City of Kings Mountain. Tins assessment is_based upon the following facts: A review has been conducted of the y discharge monitoring report (DMR) subinitted.by the City of Kings Mountain for the_month of September. 2004 This review has own the subject facility to be m violation of the discharge liinrtattons found m NPDES Permit No NC0020737. ;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 viniated the terms. conditions or rernurements of NPDES Permit No. NCO020737 and North . _ A. A civil penalty maybe assessed m accordance with the maxim ms e 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, D. Rex Gleason, Surface Water Protection Regional Supervisor for the Mooresville Region, hereby make the following civil penalty assessment against the City of Kings Mountain s RegionalOne 'Office EOffice N®rthCarolina 610 East Center Avenue, Suite 301, Mooresvlle, North Carolina 28115 Phone: 704-663-16991 Fax 704-663-6040 / Internet: h2o.enr.state.nc.us Nahmalltff An Equal Opportunity/Affirmative Action Employer— 50% Recycledl100/6 Post Consumer Paper 500.00 For I of the one (1) violation of G.S. 143- 215. 1 (a)(6) and NPDES Permit No. NC0020737, by -discharging waste. into the waters of the State in violation of the permit weekly average effluent limit for Total C $ -0 For 0 of the one (1) violation of G.S. 143 215. 1 (a)(6). and NPDES Permit No. NC0020737, by dischargmg waste into the waters of the State m ' violation of the permit.weekly average effluent limit for Total Suspended Solids-, 'Ov the 6n6(1) violation�6 0:_.�� off a. .143 21,(4)(6). and , NPDES Permit No. NC0020737, by 15ch11' disEtigmgwaste into e waters of thee State in . violation of the permit monthly average effluent Emit for Total Sumended Solids. 500.00 TOTAL CP,7]L PENALTY 85.04 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. 14313- 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;, cost of rectifying �the damage, .... (6) Whether the violations! 7 , were co . 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 re2ulatory 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 Branch r Division of Water Quality 4 t 1617 Mad Sernce Center; :-- - -- eigh, Nort27699 h Carolina -1617 Rail OR 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 per procedure for contesting. whether the'violation(s) occurred or the accuracy of any of the factual statements contained inthe civil penalty assessment document ; Because a remission request w. forecloses the option of an adminiistrative hearing, such a request must be I by a waiver of your right Wan' admmistrahye .hearing and a stipulation tliat no factual or legal issues are in dispute Please prepare a detailed A;i`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 aiemission request wi7l.be approved; the following factors shall lie considered: (1) whether one or more of the civil penalty assessment factors in G.S. 143B- 2821(b) were wrongfully=a��lied.to .the detriment :of the -petitioner resalting from the violation, (3) whether the 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 Branch Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 DI 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 Adminisstrative Hearings accepts filings Monday through Friday between .the hours of 8:00 a.m. the petition must be` filed wWthe Office of Administrative. Hearings. Tlie petrhon may be fixed - provided the original and one copy of the document is received in the Ohice of ve nearmgs wiulm nve lJ) DusineSS uayb wuvwulg Luc faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina. 27699-6714 Telephone: (919) 733-2698 Facsimile: (919) 733-3478 A copy of the petition must also be served on DENR as follows: Mr. Dan Oakley; General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, North Carolina. 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 letter, 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 qpplyin fg; or a Special Order by Consent. If you have any questions about this civilpenahy assessment or a Special Order by Consent please contact the Surface Water Protection Section staff of the Mooresville Regional Office at 704/663-1699. z2z, 6> C-, ,-A- Y,� (Date) D. Rex GleasP.E. :.. Surface .Water: Protection. Regional Supervisor. Mooresville Regional Office Division of Water Quality ATTACHMENTS cc: Surface Water Protection Regional Supervisor w/ attachments Compliance/Enforcement File w/ attachments Central Files w/ attachments ' I: Attachment A City of Kings Mountain Pilot Creek WWTP NPDES Permit No. NCO020737 Case Number LV-2004-0588 Limit Violations, September 2004 Parameter Total Cadmium Total Suspended Solids Parameter Total Suspended Solids Weekly Average Limit Violations Reported Value Limit 8.0 * 6.1 64.75 45.0 Monthly Average Limit Violations Reported Value Limit 35.05 30.0 * denotes assessment of civil penalty. Units µg/L mg/L Units mg/L STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF Cleveland IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND STIPULATION OF FACTS City of Kings Mountain ) PERMIT NO. NC0020737 ) FILE NO. LV-2004-0588 Having been assessed civil penalties totaling $585.04 for violation(s) as set forth in the assessment document of the Division of Water Quality dated December 3, 2004, 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 ADDRESS 4 TELEPHONE 200 JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: Assessed Party: Permit No. (if applicable); County: Amount Assessed: - LV-2004-0588 City of Kings Mountain NC0020737 Cleveland $585.04 ,. Please use this form when requesting remission of this civil penalty:: You must also complete the "WaiverRight to an Administrative Hearing'and Stipulation of Facts" form -of 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 inN.C.G.5: 143B-282.1fb1 were wronfulpplied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violatorpropiptly 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 (L e., explain why the violation was unavoidable or something you could not prevent or prepare for); _ a ' (d) the violator had not been assessed cniil'penalties forpany 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: a EFFLUENT NPDES PERMIT NO. U C 00 a.a_731 �,-.=-DISCHARGE NO. 00 1 NIONTI-1SEP1Ean3t7 YEAR Z o a FACILITY NATVIE PIO CREEK W PCF CLASS ja COUNTY CLEvELR► Z) OPERATOR IN RESPONSIBLE CHARGE (ORC) KIM i • MOSS GRADEZL PHONE -104 - 739 ] 131 CERTIFIED LABORATORIES (1) IDILai CREEK LAB t 22-L (2) 14ZLA3 %t a0 ', 1M lA3# 022 CHECK BOX IF ORC HAS CHANGED ® PERSON(S) COLLECTING SAMPLESSE7_P,- bR S Mail ORIGINAL and ONE COPY to: pp�� ATTN: CENTRAL FILES DIVISION OF WATER QUALITY (SIGNATIyiz -RATOR IN RESPONSIBLE CFIARGE) D.-YTE 1617 NIAIL SERVICE CENTER BY THING ATURE, I CERTIFY THAT THIS REPORT IS RALEIGH• NC 27699-1617 ACCURATE AND COMPLETE TO THE BEST OF MY KNOWLEDGE. 50050 00010 00400 50060 00310 00610 00530 1 31616 00300 00600 00665 pl 2"1 101us4 OIOgZ�b►o b FLOW W A .. c A ENTER PARAMETER CODE ABOVE c F• + 'v: 2 EFF j� Q Z W W v K; W z Lz1 p NA\IE AND UNITS BELOW in INF ❑ F O .. a C n U A0 z .a A A z A .a 0= W .a FO0 j 5 ¢ O CoN�p OW c �O Oo� az oa�cv�aE Q o O> v XO �" F- z p L- j 6 L J ? J H p a� cn U" A a tC) vl°� oMcn HRS HRS YB/N MGD ° C UNITS ITG/L MG/L MG/L MG/L 4/100ML MG/L MG/L MG/L Uaj L LkqjL L LkL i :`La Ar ..::2s 2TM i.o `; 21(e-7 �S. ► �-1eb Lao N 0.91 ........:::::::: 60130 %.-1 1•2,"td Poo p 7::;{:: . .. . . 6.D` 42u s a a i 5.a4� 13• (Q �� �1 4.4 0 40.5 1151,.t- l Iv 100-ap $•a Y `oZ.1t5 23 <2o a.l�a <o.s i 31.E -1 IO•e a•o aSo 30.a 2 ogav 4 • ° ly 1.21�3 b a. a < 14 Mu S-0 a .9 PL9 2a•4 (0.17 as a.55 <0.s as,° 41. -1 3 1607Ib 9.D u 3.13D 23--7 �•(�Z <ao �.�t2 <° ] a9•o l� -1.1 t g•a 17 05L.' ::::: t::::.:: � ::2 Y `1' :::. :. 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Z....�...: ;I�Iv.D:.::.. r ::.::::::::::::::.::::::: ,tom.:: ao.: :::::::�::::::::.'� ::::::.:::::::::::::::: :::::::::: ..... ........:. � .... .... :::::i �'� ..... ... ; ; �:.......: MINIMUM 0710 13• �.vd cao a•°a <u.s a1.0 1 6 <a•o 14•o S9•D AD•t> Gomp.(C)tGrab(G? :: ::::::::r(:::::: ::::::. . �".-::::C:::::..C. :::::::::::........:.. Monthly Limit (q.D (,/ Ox a•4, 30.D aDD 75-0 DWQ Form MR-1 (01/00) O� Facility Status: (Please check one of the following) �F All monitoring data and sampling frequencies meet permit requirements F-1 Compliant All monitoring data and sampling frequencies do NOT meet permit requirements \ /� Noncompliant If the facility is noncompliant, please comment on corrective actions being taken in respect to equipment, operation, maintenance, etc., and a time -table for improvements to be made. }�pl..l COM'p�lAu l 1,�11 1 0 lt�l- �� �,�E. SoLi�S l NC•Ay�i �Q��.t1=Al,S_ �Z�rv� 1 WD o� J �12a >t�AL S T0zM5 �%. Pa .50 W-k WlczirkN� CAAM%U%,, t,c, �IEAsC SEA EUC1o5E-o 2E5uLis PMT) E-IT C X oxicrN IEASG SEE oi2i `1 b lNok_14izT Scpu 2Esul75 Tzzm TuswvsL aR oZ Z gls0 z, 'Ib IQOMP-41TE 'P iD2M fb1 ►\m=_Se _Tbk_cv,d 0" 44\lez,, C ZPG dui T'aD— FaTL SURE 1'� -VANus t 5 -N E C DTLREeT Fo O Z E\1EI--1 Z��P S JDp U)MICiE2S CO ZAE(FTL "I certify, under penalty of law, that this document"and all attachments were prepared under my direction or supervision in accor nce with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." 1);_:1 r >li ►s W E U Permittee (Please print or type) Signature of Permittee** Date (Required) Permittee Address Phone Number Permit Exp. Date Rollox 42-9 iCitt(�is Phu. NC 2 0V,-7a4--734- 4Szs (Auc 31 2aa� PARAMETER CODES' 00010 Temperature 00556 Oil & Grease 00951 Total Fluoride 00076 Turbidity 00600 Total Nitrogen 01002 Total Arsenic 00080 Color (Pt -Co) 00610 Ammonia Nitrogen 00082 Color (ADMI) 00625 Total Kjeldhal 01027 Cadmium Nitrogen 00095 Conductivity 00630 Nitrates/Nitrites 01032 Hexavalent Chromium 00300 Dissolved Oxygen 00310 BOD5 - 00665 Total Phosphorous 00340 COD 00720 Cyanide 00400 pH 00745 Total Sulfide 00530 Total Suspended 00927 Total Magnesium Residue 00929 Total Sodium 00545 Settleable Matter 00940 Total Chloride 01034 Chromium 01037 Total Cobalt 01042 Copper 01045 Iron 01051 Lead 01062 Molybdenum 01067 Nickel 01077 Silver 01092 Zinc 01105 Aluminum 50060 Total Residual Chlorine 01147 Total Selenium 71880 Formaldehyde 31616 Fecal Coliform 71900 Mercury 32730 Total Phenolics 81551 Xylene 34235 Benzene 34481 Toluene 38260 MBAS 39516 PCBs 50050 Flow Parameter Code assistance may obtained by calling the Point Source Compliance/Enforcement Unit at (919) 733-5083 or by visiting the Water Quality Section's web site at h2o.enr.state.nc.us/was and linking to the Unit's information pages. Use only units designated in the reporting facility's permit for reporting data. * ORC must visit facility and document visitation of facility as required per 15A NCAC 8G .0204. ** If signed by other than the permittee, delegation of signatory authority must be on file with the state per 15A NCAC 2B .0506, (b) (2) (D)• Permit NCOG, A. (I.) EFFLUENT %IMITATIONS AND MONITORING REgUIREMENTS During the period beginning on the effective date of this permit and lasting until expiration, the Permittee authorized to discharge from outfall 001. Such discharges shall be limited and monitored by the Permittee as sped died below: EFFLUENT CHARACTERISTICS LIMITS " ;: MONITORING. REQUIREMENTS Monthly; . Qveia e ' Weekly Average , Dady `Maximum Measurement Frequency Sample Type `Sample LocatloM . Flow 6.0 MGD Daily Instantaneous Influent or Effluent BODs, 202C (April 1- October 31)2 28.0 m /L 42.0 m /L Daily Composite Effluent, Influent BODs, 202C (November 1-March 31)2 30.0 mg/L 45.0 mg/L Daily Composite Effluent, Influent Total Suspended Solids3 30.0 m /L 45.0 m /L Daily Composite Effluent, Influent NH3 as N (April 1- October 31 2.6 m /L 7.8 m /L I Daily Composite Effluent NH3 as N November 1-March 31 8.9 m /L 26.7 mq/L Daily Composite Effluent Dissolved Oxygen' Daily Grab Effluent Fecal Coliform geometric mean 200 / 100 ml 400 / 100 ml Daily Grab Effluent Total Residual Chlorine 1 28 µg/L Daily Grab Effluent pH Between 6.0 - 9.0 Standard Units Daily Grab Effluent Temperature 2C) Daily Grab Effluent Total Nitrogen NO2 + NO3 + TKN Quarterly Composite Effluent Total Phosphorus Quarterly Composite Effluent Chronic Toxicity5 Quarterly Composite Effluent Total Cadmium 6.1 µg/L 15 µg/L Weekly Composite Effluent Chloride 2/Month Composite Effluent Total Copper 2/Month Composite Effluent Total Zinc 2/Month Composite Effluent Total Chromium 2/Month Composite Effluent Total Cyanide 2/Month Grab Effluent Total Nickel 2/Month Composite Effluent Dissolved Oxygen6 6 Grab Upstream, Downstream Temperature (OC)6 6 Grab Upstream, Downstream Priority Pollutant Scan See condition A.(3) of this permit Conductivity6 6 Grab Upstream, Downstream Notes: 1. Sample locations: Upstream - Upstream 100 yards above outfall; Downstream - Downstream at NCSR 1103. 2. The monthly average effluent BOD5 concentration shall not exceed 15% of the respective influent value (85% removal). 3_ The monthly average effluent Total Suspended Solids concentration shall not exceed 30% of the respective influent value (70% removal). This waiver from the 85% removal requirement applies only for the term of the permit. Continuation of this waiver must be requested upon renewal. q-. The daily average dissolved oxygen concentration shall not be less than 5. 0 mg/L. 5. Whole Effluent Toxicity shall be measured by the Chronic Toxicity (P/F) test using Ceriodaphnia dubia at 33%. Testing shall be conducted in January, April, July and October (see Part A. (2.)). Toxicant sampling shall coincide with toxicity testing. 6. Instream samples shall be collected three times per week during the months of June -September and once per week during the remaining months of the year. These shall be no discharge of floating solids or visible foam in other than trace amounts. WA7p �O 7 � r 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 December 1, 2004 222 Ms. Brenda Kay Barker City of Kings Mountain Pilot Creek Lab Route 6 200 Potts Creek Road Kings Mountain, NC 28086 SUBJECT: Wastewater/Groundwater Laboratory Certification Renewal Dear Ms. Barker: The Department of Environment and Natural Resources, in accordance with the provisions of NC GS 143-215- .3 (a) (10), 15 NCAC 2H .0800, is pleased to renew certification for your laboratory to perform specified environmental analyses required by EMC monitoring and reporting regulations 15 NCAC 2B .0500, 2H .0900 and 2L .0100, .0200, .0300, and 2N .0100 through .0800. Enclosed for your use is a certificate describing the requirements and limits of your certification. Please review this certificate to insure that your laboratory is certified for all parameters required to properly meet your certification needs. Please contact us at 919-733-3908 if you have questions or need additional information. Sincerely, ZA46?e James W. Meyer Laboratory Section Enclosure cc: Chet Whiting Mooresville Regional Office AI Laboratory Section 1623 Mail Service Center; Raleigh, NC 27699-1623 4405 Reedy Creek Road; Raleigh, NC 27607 Phone (919) 733-3908 / FAX (919) 733-2496 / Internet: www.dwglab.org MW Den Qm OFFICE DEC 0 6 2004 e NCarolina oNaturally An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper "A_ 3 1 Certificate No. 222 STATE OF NORTH CAROLINA DEPARTMENT OF THE ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY LABORATORY CERTIFICATION PROGRAM In accordance with the provisions of N.C.G.S. 143-215.3 (p) (1), 143-215.3 (a)(10) and NCAC 2H.0800: "PAIL 12.17711 F Se QLIAM' 1J �4. S CITY OF KINGS MOUNTAIN PILOT CREEK LAB Is hereby certified to perform environmental analysis as listed on ,attachment I and report monitoring data to DWQ for compliance with NPDES effluent, surface water, grou dwater, and pretreatment regulations. By reference 15A NCAC 2H .0800 is made a part of this certificate. This certificate does not guarantee validity of data generated, but indicatis the methodology, equipment, quality control procedures, records, and proficiency of the laboratory have been examined and found to be acceptable. This certificate shall be valid until December 31, 2005 W. Meyer Attachment North Carolina Wastewater/Groundwater Laboratory Certification Certified Parameters Listing _ab Name: City of Kings Mountain Pilot Creek Lab Certificate Number: 222 address: Route 6 Effective Date: 01/01/2005 200 Potts Creek Road Expiration Date: 12/31/2005 Kings Mountain, NC 28086 Date of Last Amendment: Fhe above named laboratory, having duly met the requirements of 15A NCAC 21-1.0800, is hereby certified for the measurement of the parameters listed below. CERTIFIED PARAMETERS NORGANICS 30D Std Method 5210B RESIDUAL CHLORINE Std Method 4500 Cl G DOLIFORM FECAL Sid Method 9222D (MF) CONDUCTIVITY Std Method 2510B DISSOLVED OXYGEN Sid Method 4500 O G AMMONIA NITROGEN Std Method 4500 NH3 B pH Std Method 4500 H B RESIDUE SETTLEABLE Std Method 2540F RESIDUE DISSOLVED 180 C RESIDUE SUSPENDED Std Method 2540D TEMPERATURE Std Method 2550B This certification requires maintance of an acceptable quality assurance program, use of approved methodology, and satisfactory performance on evaluation samples. Laboratories are subject to civil penalties and/or decertification for infractions as set forth in 15A NCAC 21-1.0807. 04 10:02a KENNETH DOWNEY 704-734-4528 p.1 THE CITY OF KINGS MOUNTAIN PILOT CREEK WPCF Wf 6,200 POTTS CREEK ROAD KINGS MOUNTAIN, NC 28086 OFFICE PRONE NUMBER: 704-739-7131, FAX NUMBER: 704-734-4528 FAX COVER SHEET ATTENTION COMPANY:rj7�v�11�,�,tit��.►!�1 9 OF PAGES INCLUDING COVER SHEET: . COMMENTS-. 14-ym�t,��_i (X0 Q-1-) FROM: PILOT CRFF.K WPCF R f 6,200 POTTS CREEK ROAD KINGS MOUNTAIN, NC 28086 SENDER .- �4.1-fA 1 . M S` DATE., TIME : ...... D A �i 5 JP04 10:02a KENNETH DOWNEY July 14, 2004 Kim T. Moss Pilot Creek WWTP Supervisor\ORC City of Kings Mountain RT 6, 200 Potts Creek Road Kinks Mountain, NC 28086 (i,IV "O, M Co . Rex Gleason Mooresville Regional Witter Quality Supervisor 919 North Main Street Mooresville, NC 2811.5 Dear Mr. Gleason: 704-734-4528 On behalf of the City of Kings Mountain, I would like to thank the Water Quality Sections Operations Branch Staff for the 24 hour staffing variance. - In response to item #6, (notification procedure and, notification schedule of how contacts will be made when problems are reported), before exiting the laboratory / office building, the telemetry monitoring system is activated. At this point, the system begins monitoring each station. If and when a problem occurs the monitoring system is armed and, begins to call (using it's personal phone line) the programmed personnel as listed below. The contacts are: On Call. Personnel Pager, Supervisor Pager, and each Operators home or personal cell phone. If at any time the monitoring system is triggered, the personnel will caul the system's phone number and receive information about the status of the plant. If for some reason the status indicates a chlorine or sulfur dioxide leak, then the personnel shrill contact the Fire Npartment, before entering the plant site. If you should need any further information, please feel free to contact meat the Pilot Creek WWTP ( 704-739-7131) p.2 �1UAT � r June 29, 2004 Walter C. 011is Water Resource Director City of Kings Mountain P.O. Box 429 Kings Mountain, NC 28086 Michael F. Easley, Governor State of North Carolina William G. Ross, Jr., Secretary Department of Environment and Natural Resources Alan W. Klimek, P.E., Director Division of Water Quality RE(,-'; � V &I En j D JUL 'C' 2 2004 Subject: Exemption Request: 24 Hour Staffing City of Kings Mountain NPDES NCO020737 Cleveland County Dear Mr. 011is: This letter is in response to your letter of April 8, 2004, concerning your request for a' variance of the 15A NCAC 2H .0124 (Reliability) that requires 24 hour staffing at your WWTP by certified operators. Your request for a variance of the regulation has been reviewed by the staff of the Water Quality Section's Operations Branch and granted with the following conditions: 1. The facility shall operate and maintain the telemetry monitoring system, consisting of monitoring for: total power failure, high level alarm at the influent pump station, operational status of three (3) aerators, operational status of secondary clarifier drive units, low flow alarm on RAS line, operational status of chlorine and dechlorination pumps. 2. The facility shall perform regular maintenance on the disinfection system components and have documentation of all preventative and corrective maintenance events. 3. The facility shall maintain all current systems and operating strategies as outlined in your letter of December 28, 1993. 4. In case of power failure or an alarm situation, an appropriate certified operator must be dispatched immediately to the treatment plant. 5. Failure of the monitoring system to detect a malfunction, the failure of the monitoring system in reporting a malfunction, or the failure of an appropriate certified operator in responding to a problem must be documented and reported to the Mooresville Regional Office by phone within 24 hours and in writing within five (5) working days. Failure of a monitoring device or failure to respond to a problem will not be a mitigating factor in any enforcement action. 1617 MAIL SERVICE CENTER, RALEIGH, NORTH CAROLINA 27699-1617 - TELEPHONE 919-733-5083/FAX 919-733-0719 VISIT us ON THE WEB AT http://h2o.enr.state.nc.us/NPDES Mr. 011is City of Kings Mountain NC0020737 June 29, 2004 Page 2 6. The City shall provide in writing to the Mooresville Regional Office, within ten (10) working days of receipt of this variance, the notification procedure and notification schedule of how contacts will be made when problems are reported and shall notify the Mooresville Regional Office of any changes in this schedule. 7. This variance shall be in effect until August 31, 2008 and will be reviewed with the renewal of the NPDES permit for this facility. A request for renewal of this variance should be submitted with the permit renewal request and shall include the operational history of the system, the frequency of malfunctions along with any actions taken to resolve any such malfunctions. 8. The variance may be rescinded at the discretion of the Director in the event that the compliance status or the conditions at the facility change or that the system in place does not prove to provide adequate reliability or adequate notification. The Division appreciates the efforts that the City of Kings Mountain has made to provide reliable and efficient wastewater treatment and we -look forward to your continued. cooperation.:: If you have .any questions or need any further assistance in this matter, please contact Rex Gleason, Regional .Water Quality Supervisor. of the Mooresville Regional Office at (704) 663- 1699. Sincerel , Alan W. Klimek, P.E. Director, Division of Water Quality cc: Mooresville Region'aLOff ce_ Technical Assistance & Certification Central Files NPDES Unit File r �l Michael F. Eastr�GA=vemor wA r�9Qt: 0 1*4111:::� 1 CERTIFIED MAIL Mr. DennisVells, Colk City of Kings Mountain P.O. Box 429 Kings Mountain, NC 28 Dear Mr. Wells: William G. Ross Jr.. Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P. E. Director Division of W ater Quality Coleco H. Sullins, Deputy Director Divisim of Water Quality July 26, 2004 7003 2260 0001 3550 2271 and Distribution System Director Subject: Notice of Vioiation - Effluent Limitations Tracking #: NOV-2004-LV-0339 City of Kings Mountain WWTP NPDES Permit No. NCO020737 Cleveland County A review of the March 2004 self -monitoring report for the subject facility revealed violations of the following parameter Pie Parameter Reported Value Limit 001 'pH 5.95 S.U. >_6.0 - <9.0 s.u. FIN Remedial actio , if not already implemented, should be taken to correct any problems. The Division of Water Qual ty may pursue enforcement actions for this and any additional violations. If the violations are of a Conti uing nature, not related to operation and/or maintenance problems, and you anticipate remedial con truction activities, then you may wish to consider applying for a Special Order by Consent. You may con act Richard Bridgeman of this Office for additional information. If you have ( me at 704/663-1699. cc: Point Source concerning this matter, please do not hesitate to contact Mr. Bridgeman or Sincerely, D. Rex Gleason, P.E. Water Quality Regional Supervisor Unit Division of Water Quality, Mooresville Regional office, 919 North Main Street, Mooresville NC 28115 (704) 663-1699 Customer Service I 1-877-623-6748 ��F W gTE9 Micha 1 F. l aslcy, Govcnior Q QG William G. Rtv� Jt., Secrotary North Cnmlinu Dcpanmcnl oflinm vim cnt and Natural Rcsourccs co > Ahm W. Klimek. 1'. E. Dncclor Divimon W'Watcr Qualily Coloon ht. Sullies` Dcputy Dircuor Divivcxm ol'Watcr Quuhty July 7, 2004 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7003 2260 00013550 3674 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 Traclang #: NOV-2004-LV-0320 City of Kings Mountain WWTP NPDES Permit No. NCO020737 Cleveland County Dear Mr. Wells: A review of the March 2004 self -monitoring report for the subject facility revealed violations of the following parameter: Pipe Parameter Reported Value Limit 001 pH 4.4 and 5.9 s.u. ?6.0 -:D.0 s.u. 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. Water Quality Regional Supervisor cc: Point Source Compliance/Enforcement Unit NorthCarolina `'� �DE«R �QtlllQ`�J Division of Water Quality, Mooresville Regional O1�ce, 919 North Main Stn Mooresville NC 28115 (704) 663-1699 Gttsrnmer Service 14 i �-623-6748 Michael F. �1,,Govcrnor William G. Ross Jr.. Sceretary North Carolina Department of Environment and Natural Resources Alan W. Klimek. P. E. Director Division of Water Quality Coleen H. Sullins. Deputy Director Division of Water Quality Apri121, 2004 Mr. Dennis Weldon Director of Water Distribution and Collection Systems City of Kings Mountain Post Office Box 429 Kings Mountain, North Carolina 28086 Subject: Results from Effluent Sampling Analyses City of Kings Mountain WWTP NPDES Permit No. NCO020737 Cleveland County, N.C. Dear Mr. Weldon: Enclosed please find the results from the laboratory analyses performed on the effluent samples from the City of Kings Mountain wastewater treatment plant (WWTP). The samples analyzed were grab and composite samples collected during the Compliance Sampling Inspection performed by Mr. Wes Bell on March 9, 2004. The results of the sampling analyses show compliance with all permit effluent limits. Please attach this letter to the inspection report dated March 17, 2004 to complete your records on the inspection. If you have any further questions regarding this matter, please do not hesitate to contact Mr. Bell or me at (704) 663-1699. Sincerely, D. Rex Gleason, P.E. Water Quality Regional Supervisor �aor NorthCarolina'� NArturaffy I NGDENR N. C. Division of Water Quality, Mooresville Regional Office, 919 North Main Street, Mooresville NC 28115 (704) 663-1699 , Customer Service 1-877-623-6748 ANALYTICAL RESULTS SHEET NAME OF FACILITY: Kings Mountain WWTP Grab: X Composite: X Sample Date(s): 3/09/04 NPDES Permit No. NCO020737 Sample Location: Effluent County: Cleveland BOD5, mg/l 6.6 Phenols, ug/l COD: High, mg/l Sulfate, mg/l COD: Low, mg/l Sulfide, mg/1 Coliform: Fecal, 9/100 ml 1 Biomass: Dry Weight Coliform: Total, #/100 ml Biomass: Peri Ash Free Coliform: Tube Fecal, MPN NH,-N, mg/1 0.36 Coliform: Tube Total, MPN TKN, mg/l 7.4 Residue: Total, mg/1 NO, +NO„ mg/l 15 Volatile, mg/1 PO„ mg/l Fixed, mg/1 P: Total, mg/l 3.7 Residue: Suspended, mg/l 14 P: Dissolved, mg/l Volatile, mg/l Ni-Nickel, ug/l 19 Fixed, mg/1 Al -Aluminum, ug/1 270 Settleable Solids, ml/1 Be -Beryllium, ug/l pH, s.u. 6.58 Ca -Calcium, ug/l TOC, mg/1 Cd-Cadmium, ug/1 <2.0 Turbidity, NTU Co -Cobalt, ug/l Chloride, mg/1 580 Cr-Chromium: Total, ug/1 <25 Oil and Grease, mg/l Cu-Copper, ug/l 34 Cyanide, mg/l <0.02 Fe -Iron, ug/1 320 Fluoride, mg/1 1.0 Pb-Lead, ug/l <10 Hardness: Total, mg/1 Hg-Mercury, ug/l <0.2 MBAS, ug/1 Zn-Zinc, ug/1 140 Conductivity, umhos/cm2 2300 Semivolatiles Total Residual Chlorine, ug/l 20 VOC Temperature, °C 15.2 4A P% VV)ti vac �. THE CITY OF DING jV' P.O. BOX 429 . KINGS April 8, 2004 N.C. Department of Environment and Natural Resources D' • 'on of Water Quality717 Mail Service Center — �,� YA-QR • h N C 27699-1617 re'l . 704-734-0333 DIV. OF WATER QUALITY DIRECTOR'S OFFICE IT TeO, ,AZctLt1n1`Mr Alan W. Klimek, P.E/ Director .0XPe+'W VV/'7 s � �o-?`� As instructed by Mooresville Regional Office, this letter is directed to your attention. The Pilot Creek WWT facility of the City of Kings Mountain, NPDES Permit No. NC0020737, asked for, and was granted a waiver from the requirement for 24/7 staffing requirement by letter dated March 14, 1994. (Copy enclosed.) Due primarily to changes in personnel at the facility over the years, the requirement for renewal of this waiver was forgotten. I know that this is the responsibility of the City, not DWQ. However, we now find ourselves in the position of begging renewal of that which should have been renewed in 1998/99 and again in 2003/04. Other than failure to renew, changes in personnel, and reduction in flow due to recent cuts by our textile clients and thus our income, all the other factors which led to our requesting and being granted this waiver have remained the same. The phone dialer still calls the people if there is a need, and continues to call others if they forget to turn it off when they arrive. I have included an up -dated list of personnel who are on the call out list, but other things remain the same. Please forgive our failure to renew this waiver-. Rather, consider the fact that we have had no problems resulting from not having personnel on hand 24/7, and also be aware that in preparation of next years budget I have been asked to cut at least one existing position at this facility. (They were not referring to the open ORC position.) If we htf&T or, Ei�1tvRu;� WEi JT meet the 24/7 staffing requirement, this would double our personnel costs, funds RAND NATURAL RESOD ICES which would be better spent elsewhere. NOORESVJLI..7 7�_7i'S4'-!011 OFFIC I'. MAY 0 5 2004 The Historical City ATE �1Jv � ys'ECTO I have enclosed several -items referring to this situation, which have been written from the City to DWQ or from DWQ to the City in the past, for your information. Some of these may contain references to matters other than the one at hand, and some may not be the full communication but only pertinent portions. Thank you for your patience and assistance in this matter. If you need additional information or have further questions, please let us know. Feel free to call the plant directly at 704-739-7131, or call me at 704-734-4531. I can generally be reached more quickly by cell phone at 704-473-0047. Sincerely: C'-. lj—le�v Walter C. 011is Water Resource Director City of Kings Mountain ;k. put my hands on a copy of the letter I wrote requesting the waiver, dated 28, 1993. This does not really surprise me, since every time I really get le with a computer, they tell me it is outdated or over -full, and replace it. looking. In the letter dated March 25, 1994, only the last two names on the list are still unchanged, and due to Mr. VanDyke's age we do not call him until a person sees the need for his expertise. . The present listing would be: ORC Donnie Spencer — Maint. Op. Lee Bailey - Chief Operator Kay Barker — Operator Pump Maint. Stand-by Person Walt 011is — Water Res. Dir. Police Dept. The ORC position will be filled soon, we hope. Thank you again_ Walt 011is April 24, 1995 Training and Certification Unit Attn. Dwight Lancaster P.O. Box 29535 Raleigh, NC 27626-0535 Re: Certified Operator requirement: Dear Mr. Lancaster: Received your request for input concerning the requirement for Certified Operators at Wastewater Treatment Plants today. There are two Regulations which this could possibly concern, and as I am not certain from the letter which you intend to address, I will comment on both. (These may be two parts of the same Regulation.) First, as to the requirement for an Operator with the same Grade of Certification as the Plant, I have no problem with this and do not believe it is creating, or about to create a problem of legitimate concern. Second, and more complicated, the requirement for a Certified operator on site 24-hours per day. The DEM held a Public Hearing on this in late 1993, at which there was only one person who desired to speak against. I was the one. Several representatives of environmental groups spoke. My concerns are still the same that they were then. We have been granted a variance from this requirement due to the amount of monitoring equipment we have installed, however I object to the re -opening of this matter in any form due to the fact that any change which occurs seems to cost me money or paperwork. I do not find a problem hiring certified operators except occasionally with proper grade. Our objection was, and is, with having to keep an operator on site who would only amount to a glorified watchman, due to several factors. 41. This would require us to hire several additional people to cover the additional hours. We would start out with one person on second shift and one on third. Then there is the matter of weekends, and holidays, and vacations, and sick and --------- Then DEM or OSHA would require that we have more than one person on duty due to safety. Soon, our off -hours payroll would exceed that for our working people. #2-But bearing on the last part of the above, these operators are, in effect, non -working people. Only the Chief Operator or someone under her direct orders, is allowed to make changes which will affect operations. Also, we do not want people operating mechanical equipment, working with chemicals, or much of the other work at the plant, at night when the chances for an accident or miss -adjustment are multiplied. The only thing this leaves is lab work or guard duty. We do the first during the day, under supervision, and accomplish the later more efficiently with electronics. 43. The only plants I can easily understand having a need for operators on duty 24-hours - 7 days are those where solids handling, operation complexity, or sheer size demand it. This should be decided on a case -by -case basis and not by an arbitrary, shot -gun type regulation. Both DEM and the owners of any WWTP know when they have reached that point. To base this on an arbitrary size number, alone, could very well create an artificial shortage of Certified Operators in some areas. I will close before I get wound -up since the is cutting very close to one of my pet peeves. If I may be of assistance, or if you have any questions I may be able to help with, please feel free to write or call. Sincerely; Walt 011is Water Resource Dir. City of Kings Mountain esville Regional ..,, JEHNR DEM Attn. Mr. Rex Gleason Dear Mr. Gleason: March 25, 1994 Of f ice Subject: Notification Procedure Telemetry Monitoring System As required by condition #6 of the March 14 letter from the Raleigh office granting the City of Kings Mountain's request for variance from the 24 hour staffing requirement, following is the schedule and methodology used for after-hours calls. The alarm system is activated 24 hours per day on weekends and holidays, even though personnel are present. Monday -- Friday the system is activated 4:00pm until 7:30am. When an alarm is triggered, the Dial -a -log telephone dialer calls the plant normal line first to achieve faster response in the event personnel are still present. If no answer on site, the sequence is as follows: — Ir , t- l 0 E /L 2 C- / Kim Moss ORC �t--139 �o tc'+Z`��• /LtC'tl Kenny Downey Op Lewis Messick Op 2U, L� Tracy Meade Op Jim VanDyke Chief Mechanic Walt 011is Water/wastewater Dir. The person receiving the call indicates response by dialing 8 on their telephone, which allows approx. 15 min. to reach the plant and disarm the system. If this is not done, the system begins at the top of the list again until someone has corrected the problem and reset the alarm system. We will notify your office of changes in procedure or personnel, as required. If you need additional information, please call. Sincerely; Walt 011is Water/wastewater Dir. City of Kings Mountain ,forth Carolina Went of Environment, and Natural Resources ,n of Environmental Management nes B. Hunt, Jr:; Governor ; Jnathan B. Howes, Secretary A, Preston Howard, Jr., P.E., Director March 14, 1994 lie* 0 EDEHNR Walt 011is, Water/Wastewater Director City of Kings Mountain P.O. Box 429 Kings Mountain, NC 28086 Subject: Exemption. Request = 24 Hour Staffing Qk. off .nas. Mountain NPDES NCO020737 Cleveland County Dear Mr. 011is: This letter is in response to your letter of December 28, 1993, concerning your request for a variance of the new regulation -that requires 24 hour staffing coverage at,your WWTP by certified operators. Your request has been reviewed by the staff of the Water Quality - Section's Operations Branch. Your request for a variance of the regulation is hereby granted with theffollowing conditions: 1. The facility shall operate and maintain the telemetry monitoring system, consisting of monitoring for. total power.failure, high level alarm at the influent pump station, operational -status of three (3) aerators, operational status of secondary clarifier drive units, low flow alarm on RAS line, operational status of chlorine and dechlorination 2. The facility shall perform regular nmaintenance on the disinfection system components and have documentation of all preventative and corrective maintenance events. 3. The facility shall maintain all current systems and operating strategies as' -outlined in your.. _ letter of December 28, 1993. 4.In case of apower failure or an alarm situation, an appropriate certified operator must be dispatched immediately to, the treatment plant. 5. Failure of the monitoring system to detect a malfunction, the failure of the monitoring system in reporting a malfunction, or the failure of an appropriate certified operator in responding to a problem must be documented and reported to the Mooresville Regional Office by phone within 24 hours and in writing within five (5) working days: Failure of a monitoring device or failure to respond to a problem will not be a mitigating factor in any enforcement action. 6. The City shall provide in writing to the Mooresville Regional Office, within ten (10) working days of receipt of this variance, the notification procedure and notification schedule of how contacts will be made when problems are reported and shall notify the Mooresville Regional Office of any changes in this schedule. P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496 An Equal Opportunity Affirmative Action Employer 60% recycled/ 10% post -consumer paper ,is variance shall be in effect until December 31, 1998 and will be reviewed with the cnewal of the NPDES permit for this facility. A request for renewal of this variance hould be submitted with the permit renewal request. This request should include the perational history of the system, frequency of malfunctions and actions taken to resolve ny such malfunctions. he variance may be rescinded at the discretion of the Director in the event that the compliance status or the conditions at the facility change or that the system in place does not prove to provide adequate reliability or adequate notification. The Division appreciates the efforts that'the City of Kings Mountain has made. to provide reliable and efficient wastewater treatment and we look forward to your continued cooperation. If you have any questions or need any, further assistance in this matter, please contact Rex Gleason, Regional Water Quality Supervisor, of the Mooresville Regional Office at (704) 663-1699 or Dwight Lancaster, Wastewater Plant Consultant, at (919) 733 0026. -- -- Sincerely, ......... . . 41- .- A. Preston Howard, Jr., P.E...' 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 Coleen H. Sullins, Deputy Director Division of Water Quality 222 Ms. Brenda Kay Barker City of Kings Mountain Route 6 April 2, 2004 Pilot Creek Lab 200 Potts Creek Road Kings Mountain, NC 28086 SUBJECT: Laboratory Certification Maintenance Inspection Dear Ms. Barker: Enclosed is a report for the inspection performed on March 9, 2004 by Mr. Chet Whiting. Where deficiencies are cited in this report, a response is required as well as for all lettered comments and/or recommendations. Within thirty days of receipt, please supply this office with a written item for item description of how these deficiencies, comments and/or recommendations were corrected. If the deficiencies cited in the enclosed report are not corrected, enforcement actions will be recommended. For certification maintenance, your laboratory must continue to carry out the requirements set forth in 15A NCAC 2H .0800. Copies of the checklists completed during the inspection may be requested from this office. Thank you for your cooperation during the inspection. If you wish to obtain an electronic copy of this report by email, or if you have questions or need additional information please contact us at 919-733-3908. Sincerely, APt 1&441 Vmes W. Meyer Laboratory Section Enclosure cc: Chet Whiting Mooresville Regional Office A r NCDENR N. C. Division of Water Quality Laboratory Section 1623 Mail Service Center Raleigh, North Carolina 27699-1623 (919) 733-7015 FAX: (919) 733-6241 On -Site Inspection Report LABORATORY NAME: ADDRESS: CERTIFICATE NO: DATE OF INSPECTION: TYPE OF INSPECTION: EVALUATOR: LOCAL PERSON (S) CONTACTED: INTRODUCTION: City of Kings Mt. WWTP Laboratory Route 6, 200 Potts Creek Road Kings Mountain, NC 28026 222 March 9, 2004 Maintenance Chet Whiting Ms. Kay Barker This laboratory was inspected to verify its compliance with the requirements of 15A NCAC 2H .0800 for the analysis of environmental samples. II. GENERAL COMMENTS: The laboratory does a good job overall, however some improvements in documentation are needed. In some cases the documentation needs to be updated, in other cases it is a matter of clarification or filling out current documents completely and consistently. We understand that there is a certain amount of disarray due to the sudden passing of Mr. Downey. Please feel free to contact this office for assistance. The inspection was conducted in conjunction with a plant inspection performed by Mr. Wes Bell of the Division of Water Quality. Ms. Barker was ill and not on -site. A follow up visit will be scheduled to answer any questions Ms. Barker may have. III. DEFICIENCIES, REQUIREMENTS, COMMENTS AND RECOMMENDATIONS: GENERAL LABORATORY: A. COMMENT: The analytical balance was not level at the time of the inspection. Please make sure that the balance is level prior to use. REQUIREMENT: The bubble gauge on the analytical balance must be within limits to show that the balance is level before beginning each mass measurement. TOTAL SUSPENDED SOLIDS: B. COMMENT: We are advising the laboratory to revise the TSS bench sheet to include a column that shows the gram difference between the initial and final weighing prior to any calculations. This will make it easier to make sure at least one mg of difference was obtained at a glance. REQUIREMENT: All laboratories must use printed laboratory bench worksheets. These documents must include a space to enter the signature or initials of the analyst, date of analysis, sample identification, volume of sample analyzed, value from the measurement system, factor and final value to be reported and each item must be recorded each time samples are analyzed. The fecal sample must meet the 6-hour holding time. This must be documented. Ref: 15A NCAC 2H .0800 - section .0805 7 H. AMMONIA NITROGEN: RECOMMENDATION: We are recommending that the ammonia nitrogen bench sheet be modified to show the mis of titrant after blank subtraction. REQUIREMENT: All laboratories must use printed laboratory bench worksheets. These documents must include a space to enter the signature or initials of the analyst, date of analysis, sample identification, volume of sample analyzed, value from the measurement system, factor and final value to be reported and each item must be recorded each time samples are analyzed. The fecal sample must meet the 6-hour holding time. This must be documented. Ref: 15A NCAC 2H .0800 - section .0805 7 H. TEMPERATURE: C. COMMENT: The temperature is collected at the Water Plant and Transported to the WWTP Lab for analysis. The average time is about 10 minutes. There is no holding time for temperature it must be analyzed insitu or immediately upon collection. If this is a compliance monitoring parameter personnel from, or responsible to the WWTP will need to perform this analysis on -site. REQUIREMENT: Per 40 CFR 136, Preservation Table, the hold time is "analyze", not analyze immediately. Analyze immediately is given up to 15 minutes. The temperature of a sample will tend to the ambient temperature; thus any difference between sample and ambient will increase or decrease sample temperature. Temperature is to be a field analysis, in situ. BIOCHEMICAL OXYGEN DEMAND: D. COMMENT: The result from the dilution closest to 50% depletion is used to calculate the seed correction. REQUIREMENT: The seed correction follows the same criteria as samples all values that use at least 2gm/L and leave at least 1 mg/L dissolved oxygen are used. The average value is used to calculate the seed correction. E. COMMENT: The way drift checks were calculated was inconsistent. Personnel were recording the values for subtraction side by side, one under the other, or diagonally. This is to say the least confusing. Please use one system. REQUIREMENT: Designate a box or location on the bench sheet for the final day one and day five check reading. Have all personnel record the values in this location. With the current system, without assistance, it appears that on some occasions drift checks were not performed. F. COMMENT: With the exception of a small beaker, the laboratory was out of pH 10 buffer. Please assure that there is an adequate supply of buffer since a small amount of fresh buffer should be used each day. FECAL COLIFORM (MF): G. COMMENT: Some plate counts were very high (usually associated with rain events). In one instance a count of over 400 CFUs was used to calculate a result. While reporting TNTC on DMRs is no longer accepted counts this high are of limited accuracy for the amount of effort required to count them. In such cases it would be better to indicate TNTC on the bench sheet then calculate using the smallest sample amount and report a greater than estimated value. Example: 1 ml sample TNTC colonies: >60 colonies/1 ml sample X 100mis = >6000 CFU estimated. FV REQUIREMENT: Compute the density from the sample quantities that produced MF counts within the desired range of 20 to 60 fecal coliform colonies. Ref. Standard Methods, 18th Edition 9222D. (3) p. 9-61. COMMENT: Ideally the above situation is resolved by making additional dilutions. During rain events it should be routine to set up a 0.1 ml dilution using a dilution bottle. We are asking the laboratory to set an additional dilution or change the range of current dilutions during rain events. While this does not guarantee a countable plate within the 20 — 60 colony range it greatly increases the chances of getting a useable number. TOTAL RESIDUAL CHLORINE: H. COMMENT: The chlorine curve is checked each day with a 1 mg/L standard. Since the curve range is from 20 to 5000 pg/L this standard is not in the mid -range. The mid range is around 2500 pg/L (2.5 mg/L) We are also concerned that the range is too great in most cases these instruments do not function well over 2 mg/L. since the laboratory's limit is in the pg range are asking that the five point not exceed 2.0 mg/L (2000 Ng). The mid -range check would then be around 1 mg/L (1000 pg/L) REQUIREMENT: For colorimetric analyses, a series of five standards for a curve prepared annually or three standards for curves established each day or standards as set forth in the analytical procedure must be analyzed to establish a standard curve. The curve must be updated as set forth in the standard procedures, each time a new stock standard is prepared or at least every twelve months. Each analyst performing the analytical procedure must produce a standard curve. Ref 15A NCAC 2H .0805 (a) (7) (1). REQUIREMENT: Our regulation requires that a standard curve consisting of a blank and five standards must be analyzed. For colorimetric analyses this curve must be checked each time samples are analyzed with a blank and a medium level standard. In lieu of a standard curve, a three point (low, medium and high standard) may be analyzed with each group of samples. The standards for the standard curve should bracket the range of samples being analyzed, i.e. if you choose to have a lower detection or reporting limit of 20 ug/I for a particular metal parameter , you must analyze a 5 ug/I standard for that metal parameter and report lower samples as <20 ug/I. If you choose 1000 ug/I for the top of your standard curve, you must analyze a 1000 ug/I standard and all samples above this limit must be diluted and reanalyzed to fall within the curve. The following parameters do not meet this requirement: IV. PAPER TRAIL INVESTIGATION: Data and DMRs were reviewed from July August and September of 2003 as well as current lab data and supporting documentation. No items other than those specified in the above report were observed. V. CONCLUSIONS: Correcting the above cited deficiencies and comments and implementing the recommendations will help this lab to produce quality data and meet certification requirements. Please respond to all numbered deficiencies and lettered comments. Report prepared by: Chet Whiting Date: March 24, 2004 Michael F. Easley, Goe-1 William G. Ross Jr_, Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek-, P. E. Director Division of Water Quality Coleen H. Sullins. Deputy Director Division of Water Quality April 6, 2004 Mr. Walter C. 011is, Water Resource Director City of Kings Mountain P.O. Box 429 Kings Mountain, NC 28086 Subject: Response to Compliance Sampling Inspection Report Kings Mountain Pilot Creek WWTP NPDES Permit No. NCO020737 Cleveland County, NC Dear Mr. 011is: This is in response to your letter dated March 30, 2004, which was submitted in response to a Compliance Sampling Inspection Report dated March 17, 2004. The writer does not understand your response concerning influent/effluent monitoring. The subject permit requires the collection of flow -proportional composite samples. Currently, samples are collected using a constant time/constant volume method. Should the.City wish to continue use of this method, certain conditions have to exist to allow approval to be granted by this Office. The process toward approval is discussed in the cover letter to the inspection report. 15A NCAC 2H .0124(4) requires mechanical facilities of greater than 5.0 MGD to have continuous operation 24-hours per day, 7-days per week, with each shift staffed by at least one certified wastewater operator. The regulation provides for a waiver if the applicant can demonstrate to the satisfaction of the Director that this requirement is unwarranted. No record can be located which verifies that the City has been granted a waiver. It is, therefore, necessary for the City to make a request to the Director of the Division of Water Quality in the manner discussed in the cover letter to the inspection report. Should you have questions, please do not hesitate to contact Richard Bridgeman or me at 704/663-16-99. - Sincerely, D. Rex Gleason, P.E. Water Quality Regional Supervisor Division of Water Quality, Mooresville Regional Office, 919 North Main street, Mooresville NC 28115 (704) 663-1699 Customer Service 1-877-623-6748 N.C. Department of Environment and Natural Resources Division of Water Quality 919 North Main Street Mooresville N. C. 28115 Ann. Mr. Richard Bridgeman P.O. BOX 429 • KINGS MOUNTAIN, NORTH CAROLINA 28086 . 704-734-0333 -DEBT. OF EWMONt 604 AKD NhTUP,�L RESOURCES MODRESVILLF -.:Z-%>CWN AL OFFICE March, 30, 04 MAR 3 1 2004 VIA'h�P`ry ,l.'jU�. •tyLf?�'y.7 ,i;a .� 9 6�`�t) In reply to your letter of March 3rd, and the inspection report concerning our WWTP ( NPDES Permit No. NCO020737), I will cover the items in the order they occur on the inspection report, then refer back to the cover letter. First, let me comment that this inspection could not have come at a worse time for us. We are short-handed and have been awaiting the results of the exam taken by Lee Baily on March 11. Since he did not pass the exam, we will take the steps necessary to fill this position from outside our present staff. Once we have the qualified ORC on board, our ability to get up to speed on some of the other items should improve. Second, I have come to doubt that anyone had any real understanding of Mr. Downey's condition, but he must have been hurting much more than we were aware, since we have been finding many things which had been simply `let -go'. This was not the way Kenny operated. We are working hard to remedy these conditions as we find them. Now to the report. On page one, I see no need for comment. Page two, Aeration Basins. Due to low flows, (Most of our textile users are gone.) cold weather, and an effort to cut power costs, several mixers and aerators are turned off on a rotating basis. If we find one of either which is actually not workable, we repair it at once, and will be even more careful to check them out now. The amount of foam on the basins is the result of need to waste, which I will address in response to Solids Handling on Page five. The Historical City Page three, Standby Power. There is a misconception here on the part of the operators and thus Mr. Bell. While the generator will not operate every thing on site, it is sized to handle approx. 50% of the aerators/mixers in each basin. Duke Power has been very efficient in restoring power any time we have gone down, thus we have never had a problem with low DO. Flow Measurement -Influent. The meter to remedy this condition has been ordered, and Mr. Ken Nash has been contracted to install same. 24/7 operation. Will address last. Influent and Effluent Sampling. I was not aware, and I know I should have been, that we were in this condition concerning sampling/samplers. I have been informed that the problem is with the refrigeration units as opposed to the samplers themselves. We will order replacement units at once. Please note Mr. Bell's comment concerning DMR's. Page five, Aerobic Digester. I agree that this foam is due to the high concentration of solids in the WAS and proper wasting & processing should eliminate this problem, if it is really a problem. Solids Handling Equipment. Both sludge pumps have been rebuilt and re -installed. They are operating well. The belt press has been operated for about four days and we have removed some thirty tons of 15% to 18% solids to the landfill. We want to get #4 clarifier up and running this week, and the belt press will continue to be operated on a regular basis until our solids inventory is where it should be. Effluent Pipe. This has been a problem for a good while, and will likely remain so for some time. The property owner had the timber cut in the bottom land, with the resulting `war -zone' effect. Next, NC DOT is ready to receive bids for the US 74 Shelby Bypass, which will begin to the east of the stream and include a new bridge across Buffalo Creek between the present bridge and our out -fall point. This may ease access, or make it impossible of access. We are hoping to be able to correct the problems here in conjunction with the highway work, since there is a good chance the out -fall will be visible from the new bridge. Now to the matter of 24/7. I had hoped this matter had been laid to rest years ago, at least until after I retire. But I should have known better. I am enclosing a copy of a letter I wrote concerning this same subject in 1995. As stated at that time, we had asked for, and received, a variance from this rule in a letter from NC DENR dated March 14, 1994. I cannot put my hands on that at the moment due to the situation at the plant, but factors which led to it are still pertinent, as are my reasons for objecting. We have a system which calls several numbers if there is a problem during non -manned hours. Among other call -in problems are power out -generator on, chlorine leak, unauthorized entry, high water at plant influent and possibly others which I do not recall at the moment. Considering all the other non -operable conditions we have found lately, I cannot guarantee that this system is working properly, but I will check and if it is not, it will be. Thank you for your patience and assistance in these and other matters. If you need additional information or have further questions, please let us know. Feel free to call the plant directly at 704-739-7131, or call me at 704-734-4531. I can generally be reached more quickly by cell phone at 704-473-0047. Sincerely: Walter Walter C. 011is Water Resource Director City of Kings Mountain April 24, 1995 Training and Certification Unit Attn. Dwight Lancaster P.O. Box 29535 Raleigh, NC 27626-0535 Re: Certified Operator requirement: Dear Mr. Lancaster: Received your request for input concerning the requirement for Certified Operators at Wastewater Treatment Plants today. There are two Regulations which this could possibly concern, and as I am not certain from the letter which you intend to address, I will comment on both. (These may be two parts of the same Regulation.) First, as to the requirement for an Operator with the same Grade of Certification as the Plant, I have no problem with this and do not believe it is creating, or about to create a problem of legitimate concern. Second, and more complicated, the requirement for a Certified operator on site 24-hours per day. The DEM held a Public Hearing on this in late 1993, at which there was only one person who desired to speak against. I was the one. Several representatives of environmental groups spoke. My concerns are still the same that they were then. We have been granted a variance from this requirement due to the amount of monitoring equipment we have installed, however I object to the re -opening of this matter in any form due to the fact that any change which occurs seems to cost me money or paperwork. I do not find a problem hiring certified operators except occasionally with proper grade. Our objection was, and is, with having to keep an operator on site who would only amount to a glorified watchman, due to several factors. #1. This would require us to hire several additional people to cover the additional hours. We would start out with one person on second shift and one on third. Then there is the matter of weekends, and holidays, and vacations, and sick and --------- Then DEM or OSHA would require that we have more than one person on duty due to safety. Soon, our off -hours payroll would exceed that for our working people. #2-But bearing on the last part of the above, these operators are, in effect, non -working people. Only the Chief Operator or someone under her direct orders, is allowed to make changes which will affect operations. Also, we do not want people operating mechanical equipment, working with chemicals, or much of the other work at the plant, at night when the chances for an accident or miss -adjustment are multiplied. The only thing this leaves is lab work or guard duty. We do the first during the day, under supervision, and accomplish the later more efficiently with electronics. 43. The only plants I can easily understand having a need for operators on duty 24-hours - 7 days are those where solids handling, operation complexity, or sheer size demand it. This should be decided on a case -by -case basis and not by an arbitrary, shot -gun type regulation. Both DEM and the owners of any WWTP know when they have reached that point. To base this on an arbitrary size number, alone, could very well create an artificial shortage of Certified Operators in some areas. I will close before I get wound -up since the is cutting very close to one of my pet peeves. If I may be of assistance, or if you have any questions I may be able to help with, please feel free to write or call. Sincerely; Walt 011is Water Resource Dir. City of Kings Mountain Michael . 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 Coleen H. Sullins, Deputy Director Division of Water Quality March 17, 2004 Mr. Walter 011is, Water Resources Director City of Kings Mountain Post Office Box 429 Kings Mountain, North Carolina 28086 Subject: Notice of Deficiency Compliance Sampling Inspection Kings Mountain Pilot Creek WWTP NPDES Permit No. NCO020737 Cleveland County, NC Dear Mr. 011is: Enclosed is a copy of the Compliance Sampling Inspection Report for the inspection conducted at the subject facility on March 9, 2004 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 to him. The results of the effluent sampling will be forwarded to you under separate letter. The facility was collecting influent and effluent composite samples based on the constant time/constant volume method. Pursuant to NPDES permit requirements, Part H, Section A.8, composite samples must be collected proportional to flow. However, if the flow varies by no more the 15%, samples may be collected by constant flow/constant time method, upon approval by DWQ. Samples would have to be collected at time intervals of not greater that 20 minutes and quantities not less than 100 milliliters. Requests for approval should be sent to Rex Gleason, Water Quality Regional Supervisor, Mooresville Regional Office. Information which should be included in the request is as follows: 1) a description of the flow measurement device used at the facility. 2) A representative sample of one week's flow data, including copies of supporting chart recordings. 3) A description of the sampling method proposed for use at the facility (i.e., constant time/constant volume). 4) A description of any flow equalization used at the treatment facility. ftamrallr,� NCDENR N. C. Division of Water Quality, Mooresville Regional Office, 919 North Main Street, Mooresville NC 28115 (704) 663-1699 Customer Service 1-877-623-6748 Mr. Walter 011is Page Two March 17, 2004 The 6.0 MGD treatment facility is currently being staffed eight hours per day, seven days per week�at least four hours/day during weekends). Pursuant to 15A NCAC 2H .0124 (4), mechanical facilities greater than 5.0 MGD must have continuous operation 24 hours per day, 7 days per week, with each shift staffed by at least one certified wastewater operator unless. the applicant can demonstrate to the satisfaction of the Director that this requirement is unwarranted for a particular case. This Office requests that the above -noted justification be submitted by the City to the attention of Mr. Alan W. Klimek, P.E, Director of Division of Water Quality, 1617 Mail Service Center, Raleigh, N.C. 27699-1617. It is requested that a written response be submitted to this Office by Apri17.2004, addressing the deficiencies noted in Aeration Basin, Solids Handling Equipment, Influent Sampling, and Effluent Sampling Sections of the report. The response shall include the City/facility's corrective actions regarding the numerous maintenance problems (pumps, aerators, etc.) observed during this inspection. In responding, please address your comments to the attention of Mr. Richard Bridgeman. 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, D. Rex Gleason, P.E. Water Quality Regional Supervisor Enclosure cc: Cleveland County Health Department WB United States Environmental Protection Agency Form Approved. EPA Washington; D.C. 20460 OMB No. 2040-0057 Water Compflance Inspecton 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 INI 2 W , 31 NCO020737 111 121 04/03/09 1 17 18 U 19 Ls j 20I r_r u uu Remarks 21111111111111111111111111111111111111111111111116-6 Inspection Work Days Facility Self -Monitoring Evaluation Rating 131 QA --- Reserved-------- 671 i_ 5 1 69 70 U 71 `_I 72 L_.I 73 W 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) 09:38 AM 04/03/09 99/03/01 Pilot Creek WWTP Exit Time/Date Permit Expiration Date 200 Potts Creek Road Kings Mountain NC 28086 01:25 PM 04/03/09 03/08/31 Name(s) of Onsite Representative(s)Mtles(s)/Phone and Fax Numbers) Other Facility Data R. Lee 3ailey/ORC/704-739-7131/ Name, Address of Responsible Official/Title/Phone and Fax Number Walter C O1lis,PO Box 429 Kings Mountain NC 28086//704-734-0333/ Contacted 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 N Facility Site Review EftiuentfReceiving Waters Laboratory Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s) and Signaturee(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date Wesley N Bell ', / /!� ,, t/ y MRO WQ//704-663-1699/704-663-6040 r Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Permit: NCO020737 Owner - Facility: City of Kings Mountain - Pilot Creek WWTP Inspection Date: 03/09/04 Inspection Type: Compliance Sampling yes No NA NE Permit (if the present permit expires in 6 months or less). Has the pennittee 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? ❑ ❑ ❑ Is the inspector granted access to all areas for inspection? 0 ❑ ❑ ❑ Comment:No special conditions; however, the facility is required to collect and analyze effluent mercury according to EPA Method 1631. Operations & Maintenance Does the plant have general safety structures in place such as rails around or covers over tanks, pits, or wells? Is the plant generally clean with acceptable housekeeping? Comment:The facility appeared to be adequately treating the wastewater at the time of the inspection. Bar Screens Type of bar screen a.Manual b.Mechanical Are the bars adequately screening debris? Is the screen free of excessive debris? Is disposal of screening in compliance? Is the unit in good condition? Comment: Ser�dary Clarifier. Is the clarifier free of black and odorous wastewater? Is the site free of excessive buildup of solids in center well of circular clarifier? Are weirs level? Is the site free of weir blockage? Is the site free of evidence of short-circuiting? Is scum removal adequate? Is the site free of excessive floating sludge? Is the drive unit operational? Is the sludge blanket level acceptable? .Is the return rate acceptable (low turbulence)? Is the overflow dear of excessive solids/pin floc? Is the surface free of bulking ? Comment:Two of four clarifiers (42 and #4) were not in-service. Clarifier #2 has been taken out of the treatment process and clarifier #4 is currently being repaired. Weir leakages were observed in clarifier #1; however, no short-circuiting was occunng. Are pumps in place? Are pumps operational? Are there adequate spare parts and supplies on site? Comment:Sludge was observed leaking from one of the RAS pumps for clarifier #3. All sludge was contained inside of the building and returned (via drain system) to the treatment process. Aeration Basins Yes No NA NE ❑ ❑ ❑ ❑ ❑ ❑ ■❑❑❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ■ ❑ ❑ ❑ ❑ ❑ ❑ ■ ❑ ❑ ❑ 0000 ❑ ❑ ❑ 0000 Yes No NA NE 0000 ■ ❑ ❑ ❑ ❑ ❑ ❑ Page# 1 Permit: NCO020737 Owner - Facility: City of Kings Mountain - Pilot Creek WWfP Inspection Date: 03/09/04 Inspection Type: Compliance Sampling Aeration Basins Yes No NA NE Mode of operation E7x+. T nA. r Type of aeration system S at r" Q c e- Is the basin free of dead spots? 001111 Are surface aerators and mixers operational? ❑ ■ ❑ ❑ Are the diffusers operational? ❑ ❑ ■ ❑ Is the foam the proper color for the treatment process? ❑ ❑ ■ ❑ Does the foam cover less than 25% of the basin's surface? ❑ ■ ❑ ❑ Is the DO level acceptable? ■ ❑ ❑ ❑ Are settleometer results acceptable? ❑ ❑ ❑ ■ Comment:Three of the four aeration basins (#1, #3, and #4) were operational; however, no solids have been removed from aeration basin #4 due to clarifier #4 being temporarily out of service. Aeration basin #2 has been taken out of the treatment process. Dead spots were observed in all basins due to inoperable aerators; however, the facility is able to maintain adequate DO levels.. lfection Yes No Type of system ? g4.S Are cylinders secured adequately? ■ ❑ ❑ ❑ Are cylinders protected from direct sunlight? ■ ❑ ❑ ❑ Is there adequate reserve supply of disinfectant? ■ ❑ ❑ ❑ Is ventilation equipment operational? ■ ❑ ❑ ❑ Is ventilation equipment properly located? ■ ❑ ❑ ❑ Is SCBA equipment available on site? ■ ❑ ❑ ❑ Is SCBA equipment operational? ❑ ❑ ❑ ■ Is staff trained is operating SC8A equipment? ❑ ❑ ❑ ■ Is staff trained in emergency procedures? ❑ ❑ ❑ ■ Is an evacuation plan in place? ■ ❑ ❑ ❑ Are tablet chlorinators operational? ❑ ❑ ■ ❑ Are the tablets the proper size and type? ❑ ❑ ■ ❑ Number of tubes in use? (Sodium Hypochlorite) Is pump feed system operational? ❑ ❑ ■ ❑ Is bulk storage tank containment area adequate? (free of leaks/open drains) ❑ ❑ ■ ❑ Is the level of chlorine residual acceptable? ■ ❑ ❑ ❑ Is there adequate detention time ■ ❑ ❑ ❑ Is the contact chamber free of growth, or sludge buildup? ■ ❑ ❑ ❑ Comment:Only 1/2 foot of solids was measured in one of the chlorine contact chamber trains. The facility has three chlorine contact chamber trains; however, only two were being utilized at the time of the inspection. Yes. No NA NE 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? ■ ❑ ❑ ❑ Is ventilation operational? ■ ❑ ❑ ❑ Comment: Are the tablets the proper size and type? ❑ ❑ ■ ❑ Page# 2 Permit: NCO020737 Owner - Facility: City of I(ings Mountain - Pilot Creek WWTP Inspection Date: 03/09/04 Inspection Type: Compliance Sampling De -chlorination Yes No NA NE Are tablet de -chlorinators operational? ❑ ❑ 0 ❑ Number of tubes in use? Comment: Standby Power Yes Is automatically activated standby power available? No 0 ❑ NA NE ❑ ❑ Is generator tested weekly by interrupting primary power source? 0❑ ❑ ❑ Is generator tested under load at least quarterly? 0 ❑ ❑ ❑ Was generator tested & operational during the inspection? ❑ ❑ ❑ E Do the generator(s) have adequate capacity to operate the entire wastewater site? ❑ 0 ❑ ❑ Does generator have adequate fuel? 0 ❑ ❑ ❑ Is there an emergency agreement with a fuel vendor for extended run on back-up power? ❑ ❑ ❑ Comment:The standby generator can only power the screw pumps, laboratory, chlorination, and dechlorination facilities. Yes No NA NE Laboratory Are field parameters performed by certified personnel or laboratory? 0 ❑ ❑ ❑ Are all other parameters(excluding field parameters) performed by a certified lab? 0 ❑ ❑ ❑ Is the facility using a contract lab? 0 ❑ ❑ ❑ Are analytical results consistent with data reported on DMRs? 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? ❑ ❑ ❑ Incubator (BOD) set to 20.0 degrees Celsius +/-1.0 degrees? ❑ ❑ ❑ Comment: Flow Measurement - Influent Is flow meter used for reporting? Yes No NA NE ❑ 0 ❑ ❑ Is flaw meter calibrated annually? 0 ❑ ❑ ❑ Is flow meter operating properly? 13000 (If units are separated) Does the chart recorder match the flow meter? ❑ ❑ ❑ Comment:The facility has contacted the contracted company utilized to calibrate the facility's flow meters regarding repairs/replacement. Yes No NA NE Flow Measurement - Effluent Is flow meter used for reporting? 0 ❑ ❑ ❑ Is flow meter calibrated annually? N ❑ ❑ ❑ Is flow meter operating properly? 00 ❑ ❑ (If units are separated) Does the chart recorder match the flow meter? ❑ ❑ ❑ N Comment: z Yes No NA NE Record KePoina Are records kept and maintained as required by the permit? 0 ❑ ❑ ❑ Is all required information readily available, complete and current? 0 ❑ ❑ ❑ Are all records maintained for 3 years (lab. reg. required 5 years)? 0 ❑ ❑ ❑ Are analytical results consistent with data reported on.DMRs? 0 ❑ ❑ ❑ Are sampling and analysis data adequate and include: ❑ ❑ ❑ Dates, times and location of sampling Page# 3 Pennit: NCO020737 Owner - Facility: City of Kings Mountain - Pilot Creek WWTP Inspection Date: 03/09/04 Inspection,Type: Compliance Sampling Record Keeping Name of individual performing the sampling Yes No NA NE Results of analysis and calibration Dates of analysis Name of person performing analyses Transportdd COCs Plant records are adequate, available and include E ❑ ❑ ❑ O&M Manual As built Engineering drawings Schedules and dates of equipment maintenance and repairs Are DMRs complete: do they include all permit parameters? ❑ ❑ ❑ Has the facility submitted its annual compliance report to users? ❑ ❑ ❑ (If the facility is = or > 5 MGD permitted flow) Do they operate 24/7 with a certified operator on each shift?. ❑ E Cl ❑ Is the ORC visitation log available and current? E ❑ ❑ ❑ Is the ORC certified at grade equal to or higher than the facility classification? ❑ 0 ❑ ❑ Is the backup operator certified at one grade less or greater than the facility classification? 0 ❑ ❑ ❑ Is a copy of the current NPDES permit available on site? N ❑ ❑ ❑ Is the facility description verified as contained in the NPDES permit? E ❑ ❑ ❑ Does the facility analyze process control parameters, for example: MLSS, MCRT, Settleable Solids, DO, Sludge ❑ ❑ ❑ Judge, pH, and others that are applicable? Facility has copy of previous year's Annual Report on file for review? ❑ ❑ ❑ Comment:The back-up ORC (Grade III) is currently serving as the surrogate•ORC and is preparing to take the Grade IV exam on 3/11104. The facility staff includes an additional Grade III operator who will serve as the back-up ORC pending examination outcome. The facility is only staffed during eight hours per day, seven days per week (at least four hours during weekends). Influent Sam In ino, Yes No NA NE Is composite sampling flow proportional? ❑ N ❑ ❑ Is sample collected above side streams? 0 ❑ ❑ ❑ Is proper volume collected? 0 ❑ ❑ ❑ Is the tubing clean? 00 ❑ ❑ Is proper temperature set for sample storage (kept at 1.0 to 4.4 degrees Celsius)? ❑ ❑ ❑ Is sampling performed according to the permit? Ell ❑ ❑ Comment:The facility is currently collecting one 500 mi. influent sample per hour. No variance request has been submitted to this Office regarding the collection of composite samples based on the constant time/constant volume method. Fffl iei enSampling Yes No NA NE Is composite sampling flow proportional? 130 ❑ ❑ Is sample collected below -all treatment units? E ❑ ❑ ❑ Is proper volume collected? 0 ❑ ❑ ❑ Is the tubing clean? E ❑ ❑ ❑ 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)? 0 ❑ ❑ ❑ Comment:DMRs from January 2003 through December 2003 were reviewed. No limit violations were reported. The facility collects one 750 mi. effluent sample per hour. The facility has not requested a variance to this Office regarding the collection of composite samples based on the constant time/constant volume method. Upstream / Downstream Sam In ino Yes No NA NE Page# 4 Permit: NCO020737 Owner - Facility: City of Kings Mountain - Pilot Creek WWTP Inspection Date: 03/09/04 Inspection Type: Compliance Sampling Upstream / Downstream Sam In ino Yes No NA NE Is the facility sampling performed as required by the permit (frequency, sampling type, and sampling location)? MO ❑ ❑ Comment: Aerobic Diaester Yes No NA NE Is the capacity adequate? ❑ ❑ ❑ Is the mixing -adequate? 0 ❑ ❑ ❑ Is the site free of excessive foaming in the tank? ❑ 0 ❑ ❑ Is the odor acceptable? 0 ❑ ❑ ❑ Comment:An abundant amount of foam was observed in both digesters due to a high concentration of solids (See Solids Handling Eq. Section) and alleged cleaning compounds utilized by a local textile industry. 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? Yes No NA NE ❑ ■ ❑ ❑ ❑❑❑■ ■ ❑ ❑ O ❑ ❑ ❑ ■ ❑ ❑ ❑ ■ Is the site free of excessive moisture in belt filter press sludge cake? ❑ ❑ ❑ Comment:The belt press was operational; however, both sludge pumps were not. The surrogate ORC indicated that one of the pumps will be repaired and placed back into service within the next few days. The second pump will be repaired within the near future. The facility has not treated and removed sludge since June 2003. Effluent Pine Is right of way to the outfall properly maintained? Are receiving water free of solids and floatable wastewater materials? Are the receiving waters free of solids / debris? Are the receiving waters free of foam other than a trace? Are the receiving waters free of sludge worms? If effluent (diffuser pipes are required) are they operating properly? Comment:The effluent appeared slightly turbid with no floatable solids or foam. The facility staff must insure that the discharge outfall is properly maintained and accessible for visual inspections of the receiving stream. Yes No NA NE ❑ ❑ ❑ 00.0m. ❑❑■❑ Page# 5 Michael F. sle�, Governor '/ William G. Ross Jr., Secretary North Carolina Department of. Environment and Natural Resources Alan W. Klimek. P. E. Director Division of Water Quality Coleen H. Sullins, Deputy Director Division of Water Quality• January 7, 2004 Mr. Walt 011is, Water Resources Director City of Kings Mountain Post Office Box 429 Kings Mountain, North Carolina 28086 Subject: Compliance Biomonitoring Inspection Kings Mountain Pilot Creek WWTP NPDES Permit No. NCO020737 ClevelandCounty, NC Dear Mr. 011is: Whole effluent toxicity samples were collected on December 9 and 12, 2003 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; however, due to the test's failure to meet reproduction quality control criteria, this test was invalidated and could not be used for compliance judgement. 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 1V orth Carolina ,Xatur,7ffy N. C. Division of Water Quality, 3-Brood Ceriodaphnia dubia pass/fail 33 % PASS (invalid) 91.7 % 22.7 neonates 100 % 27.2 neonates 6.77 SU 2110 micromhos/cm <0.0052 mg/l 6.66 SU 2140 micromhos/cm <0.0052 mg/l A*"A NCDEN Mooresville Regional Offit~, 919 North Main Strom Mooresville NC 28115 (704) 663-1699 Customer Service 1-877-623-6748 Test results for the above samples indicate that the effluent would not be predicted to have water quality impacts on the receiving stream. Should you have any questions regarding the test please contact Mr. Lesley of this Office. Sincerely D. Rex Gleason, P.E. Water Quality Regional Supervisor cc: Aquatic Toxicology Unit Central Files JL 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 INI 2 31 NCO020737 111 121 03/12/12 I 17 18 I7 I 19I g I 20 Lj u �=—' u u u Remarks 2111111111Jill 1111Jill 11111111111111111111111111116 Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 QA -- Reserved 671 2.0 169 70 I21 71 U 72 L'J 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) 10:00 AM 03/12/12 99/03/01 Pilot Creek WWTP Exit Time/Date Permit Expiration Date 200 Potts creek Road Kings Mountain NC 28086 11:50 AM 03/12/12 03/08/31 Name(s) of Onsite Representative(s)(fitles(s)/Phone and Fax Number(s) Other Facility Data Kenneth Eugene Downey/ORC/704-739-7131/ Name, Address of Responsible Official/Title/Phone and Fax Number Walter C 011is,20 Box 429 Kings Mountain NC 28086//704-734-0333/ Contacted No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Other Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) Sample data was determined to be invalid due to the test's failure to meet reproduction quality control criteria. Name(s) and Signature(s) of Inspectoon(((ss/�j Agency/Office/Phone and Fax Numbers Date John E Lesley MRO W4//704-663-1699/704-663-6040 Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Division of Water Quality - Aquatic Toxicology Unit December 23, 2003 J41V 0 2 2004 MEMORANDUM To: Rex Gleason Water Quality Supervisor, MRO Through: Matt Matthews iTJI"I- Supervisor, Aquatic Toxicology Unit From: Sandy Mort WA Quality Assurance Officer, Aquatic Toxicology Unit Subject: Whole effluent toxicity test results King's Mountain -Pilot Creek WWTP NPDES Permit # NCO020737/001 Cleveland County GEC DEFT (s'� �L7 3Ey� 9�IPC�9T AND �IA7UI�t i ESOURCES I' 00RESVILLE REGIONAL o[FFIcE 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 December 9 and 12, 2003 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, but these results should not be used for compliance monitoring purposes. Control organisms did not meet reproduction quality control criteria. Toxicity test information follows. Test Type 3-Brood Ceriodaphnia dubia pass/fail Test Concentrations 33% sample Test Result Pass (Invalid) Control Survival 91.7% Control Mean Reproduction 22.7 neonates Test Treatment Survival 100% Treatment Mean Reproduction 27.2 neonates First Sample pH 6.77 SU First Sample Conductivity 2110 micromhos/cm First Sample Total Residual Chlorine <0.0052 mg/L Second Sample pH 6.66 SU Second Sample Conductivity 2140 micromhos/cm Second Sample Total Residual Chlorine <0.0052 mg/L Environmental Sciences Branch Water Quality Section Test results for the above 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 (919) 733-2136. Basin: BRD05 cc: Central Files Environmental Sciences Branch Water Quality Section Division of Water Quality - Aquatic Toxicology Unit December 23, 2003 MEMORANDUM To: Rex Gleason Water Quality Supervisor, MRO Through: Matt Matthews /vIrx Supervisor, Aquatic Toxicology Unit From: Sandy Mort G ✓ Quality Assurance Officer, Aquatic Toxicology Unit Subject: Ambient toxicity test results Crowder's Creek at Canterbury Road Gaston County d i _ JAN 0 2 2004 The aquatic toxicity test using grab samples of ambient waters collected from Crowder's Creek at Canterbury Road has been completed. Ambient samples were collected on December 9 and 12, 2003 by John Lesley for use in a chronic Ceriodaphnia dubia pass/fail toxicity test. The test using these samples resulted in a pass, but should not be used for compliance monitoring. Control organism reproduction did not meet quality control criteria. Toxicity test information follows. Test Type 3-Brood Ceriodaphnia dubia pass/fail Test Concentrations 100% sample Test Result Pass Control Survival 100% Control Mean Reproduction 23.5 neonates Test Treatment Survival 100% Treatment Mean Reproduction 32.4 neonates First Sample pH 6.58 SU First Sample Conductivity 90.4 micromhos/cm First Sample Total Residual Chlorine <0.0052 mg/L Second Sample pH 6.72 SU Second Sample Conductivity 90.7 micromhos/cm Second Sample Total Residual Chlorine <0.0052 mg/L Test results for these samples indicate that the water quality of these ambient waters has not been impacted. Please contact us if further effluent toxicity monitoring is desired. We may be reached at (919) 733-2136. Basin: CTB37 Environmental Sciences Branch Water Quality Section oF_ W AT \off PG r Michael F. Easley, Gove o �r William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources October 1, 2003 Mr. Walt 011is, Water Resources Director City of Kings Mountain Post Office 429 Kings Mountain, North Carolina 28086 Dear Mr. 011is: Alan W. Klimek, P. E., Director Division of Water Quality Coleen H. Sullins, Deputy Director Division of Water Quality Subject: Pretreatment Compliance Inspection City of Kings Mountain NPDES Permit No. NCO020737 Cleveland County, NC Enclosed is a copy of the Pretreatment Compliance Inspection Report for the inspection of the City of Kings Mountain's approved Industrial Pretreatment Program on September 30, 2003 by John Lesley of this Office. The City's Industrial Pretreatment Program is commendable. 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 (704) 663-1699. Sincerely, �?�Q, 0-,, C�5- ) D. Rex Gleason, P.E. ��Water Quality Regional Supervisor Enclosure cc: Central Files Jon Risgaard, Pretreatment Group Cleveland County Health Department JL Mooresville Regional Office, 919 North Main Street, Mooresville. North Carolina 28115 Phone 704-663-1699 Fax 704-663-6040 A NCDENR Customer Service 1-877-623-6748 NORTH CAROLINA DIVISION OF WATER QUALITY NCDENR PRETREATMENT COMPLIANCE INSPECTION (PCI) REPORT BACKGROUND INFORMATION [Complete Prior To PCI; Review Program Info Database Sheet(s)I 1. Control Authority (POTW) Name: City of Kings Mountain 2. Control Authority Representative(s): Brian Ramsey Telephone: 704-734-4524 Fax: 704-730-2152 3. Title(s): Pretreatment Program Coordinator E-mail: brianr@cityofkincsm.com 4. Last Inspection Date: 10 /25 /02 Inspection Type: ® PCI ❑ Audit 5. Has Program Completed All Requirements from the Previous Inspection or Program Info Sheet(s)? ® Yes ❑ No 6. Is POTW under an Order That Includes Pretreatment Conditions? ❑ Yes ® No Order Type and Number: Are Milestone Dates Being Met? ❑ Yes ❑ No ® NA PCS CODING Trans.Code Main Program Permit Number MM/DD/YY Inspec.Type Inspector LZIJ INIC10 In 12 10 17 13 17I I09130103l 1P LSJ (DTIA) (TYPI) (INRP) Fac. Type LiJ (FACC) 7. Current Number Of Significant Industrial Users (SIUs)? 5 SIUS S. Current Number Of Categorical Industrial Users (CIUs)? 4 CIUS 9. Number of SIUs Not Inspected By POTW in the Last Calendar Year? 0 10. Number of SIUs Not Sampled By POTW in the Last Calendar Year? 0 11. Enter the Higher Number of 9 or 10 0 NOIN 12. Number of SIUS With No IUP, or With an Expired IUP 0 NOCM 13. Number of SIUs in SNC for Either Reporting or Limits Violations During Either of the Last 2 Semi -Annual Periods (Total Number of SIUs in SNC) 1 PSNC 14. Number of SIUs in SNC For Reporting During Either of the Last 2 Semi -Annual Periods 1 MSNC 15. Number of SIUs In SNC For Limits Violations During Either of the Last 2 Semi -Annual Periods 0 f SNPS 16. Number of SIUs In SNC For Both Reporting and Limits Violations During Either of the Last 2 Semi-annual Periods 0 POTW INTERVIEW 17 is. m Since the Last PCI, has the POTW had any POTW Permit Limits Violations? If Yes, What are the Parameters and How are these Problems Being Addressed? (See Comments Section) Since the Last PCI, has the POTW had any Problems Related to an Industrial Discharge (Interference, Pass -Through, Blockage, Citizens' Complaints, Increased Sludge Production, Etc.)? If Yes, How are these Problems Being Addressed? 12�1 Yes U No See comments I� Yes U No Cyanide, Zn Which Industries have been in SNC during either of the Last 2 Semi- SNC for Limits: Annual Periods? Have any Industries in SNC (During Either of the Last SNC for Reporting: 2 Semi -Annual Periods) Not Been Published for Public Notice? Not Published: (May refer to PAR if Excessive SIUs in SNC) 20. Which Industries are on Compliance Schedules or Orders? For all SIUs on an Order, Has a Signed Copy of the Order been sent to the Division? FNA 21. Are Any Permits Or Civil Penalties Currently Under Adjudication? If Yes, Which Ones? Filename: Kings Mtn 0304 pci Revised: 6/30i93 none Dye Masters, Inc. None ❑ Yes ® No Page t PRETREATMENT PROGRAM ELEMENTS REVIEW- Please review POTW files and complete the following: Program Element Date of Last Approval Date Next Due, If Applicable Headw orkss Analysis (HWA) 11/14/01 8/14/06 Industrial Waste Survey (IWS) 9/7/01 12/10/04 Sewer Use Ordinance (SUO) 9/27/01 8/25/94 Enforcement Response Plan (ERP) 8/25/94 Long Term Monitoring Plan (LTMP) 9/14/01 LTMP FILE REVIEW: 22. Is the LTMP Monitoring Being Conducted at Appropriate Locations and Frequencies? ® Yes ❑ No 23. Should any Pollutants of Concern be Eliminated from or Added to the LTMP? ❑ Yes ® No If yes, which ones? Eliminated: Added: 24. Are Correct Detection Levels being used for all LTMP Monitoring? ® Yes ❑ No See Comments Section: 25. Is the LTMP Data Maintained in a Table or Equivalent? ® Yes ❑ No Is the Table Adequate? ® Yes ❑ No INDUSTRIAL, USER PERMIT (IUP) FILE REVIEWO IUP FILE REVIEWS OR 1 FILE REVIEW AND 1 TTT TNSPECTIONI 26. User Name 1. STI-Kings Plush 2. UMG 3. Mayflower 27. IUP Number 004 007 026 28. Does File Contain Current Permit? ® Yes ❑ I ® Yes ❑ N7oj ® Yes ❑ No 29. Permit Expiration Date 11/17/06 11/17/06 jF 11/17/06 30. Categorical Standard Applied (I.E. 40 CFR. Etc.) Or N/A 410 433 433 31. Does File Contain Permit Application Completed Within One Year Prior to Permit Issue Date? ® Yes ❑ No ® Yes ❑ No ® Yes ❑ No 22. Does File Contain an Inspection Completed Within Last Calendar Year? I ® Yes ❑ No 11 ® Yes ❑ Nol ® Yes ❑ No 33. a. Does the File Contain a Slug Control Plan? b. If No, is One Needed? (See Inspection Form from POTW) a. NYes ❑No b. ❑Yes ❑No 11 a. ®Yes ❑No b. ❑Yes ❑No a. NYes ❑No b. ❑Yes ❑No 34. For 40 CFR 413 and 433 TTO Certifiers, Does File Contain a Toxic Organic Management Plan (TOMP)'? ❑Yes❑NoEN/A ®Yes❑No❑N/A EYcs❑No❑N/A 35. a. Does File Contain Original Permit Review Letter from the Division'? b. All Issues Resolved? a. NYes ❑No b.®Yes❑No❑N/A a. NYes ❑No b.®Yes❑No❑N/A a. NYes ❑No b.®Yes❑No❑N/A 36. During the Most Recent Semi -Annual Period, Did the POTW Complete its Sampling as Required by IUP? ® Yes ❑ f ® Yes ElNo ® Yes ElNo 37. Does File Contain POTW Sampling Chain-Of-CustodyForms? ® Yes ❑ No ®Yes ❑ No ®Yes El No 38. During the Most Recent Semi -Annual Period, Did the SIU Complete its Sampling as Required by IUP? ®Yes❑No❑N/A ®Yes❑No❑N/A ®Yes❑No❑N/A 39. Does Sampling Indicate Flow or Production? ®Yes❑No❑N/A 11 ZYes0No0N/A7j ®Yes❑No❑N/A 40. During the Most Recent Semi -Annual Period, Did the POTW Identify All Non -Compliance from Both POTW and SIU` Sampling? ❑ Yes ❑ ® NA F ❑ Ycs ❑ No Z NA ❑ Yes ❑ No ® NA 41. a. Was the POTW Notified by SIU (Within 24 Hours) of All Self- Monitoring Violations? b. Did Industry Resam le Within 30 Days? a.❑Yes❑No®N/A b. ❑Yes ❑No a.❑Yes❑No®N/A b. ❑Yes ❑No a.❑Yes❑No®N/A b. []Yes ❑No 42. Was the SIU Promptly Notified of Any Violations (Per ERP)? ❑Yes❑NoEN/A ❑Yes❑No®N/A ❑Yes❑NoEN/A 43. During the Most Recent Semi -Annual Period, Was the SIU in SNC? ❑ Yes ® No ❑ Yes ® No 11 ❑ Yes ® No 44. During the Most Recent Semi -Annual Period, Was Enforcement Taken as Specified in the POTWs ERP? ❑Yes❑NoEN/A ❑Yes❑N00 ❑Yes❑NoEN/A 45. Does the File Contain Penalty Assessment Notices? ❑Yes❑NoEN/A ❑Yes❑No®N/A ❑Yes❑NoEN/A 46. Does The File Contain Proof Of Penalty Collection? ❑Yes❑NoEN/A ❑Yes❑NoEN/A ❑Yes❑NoE] N/A 47. a. Does the File Contain Any Current Enforcement Orders? b. Is SILT in Compliance with Order'? a.❑Yes❑NoEN/A b.❑Yes❑No®N/A a.❑Yes❑No®N/A b.❑Yes❑No®N/A --- a.❑Yes❑No®N/A b.❑Yes❑No®N/A 48. Did the POTW Representative Have Difficulty in Obtaining Any of This Requested Information For You? ❑ Yes ®No ❑Yes ®No ❑Yes ®No Filename: KingsMtn 0304 pci Paee 2 Revised: 6/30/98 FILE REVIEW COMMENTS: The City's Industrial Pretreatment Program appeared to be well managed and maintained. PCI SUMMARY AND COMMENTS: PCI Comments: 1. NPDES Permit Violations: Cvanide 11/02, 12/02 Ammonia as N 10/02 Zn 2/03. 3/03. 9/03 TSS 9/03 TP 4/03 2. LTMP does not list the MDL consistent with mercury method 1631. 3._Dye Masters, Anvil Knitwear, and STI Kings Plush have been dropped from the program. Approval letter dated 9/23/03. Requirements: Update the LTMP to incorporate the mercury method 1631 MDL and to remove the SIUs that have been dropped from the program. Recommendations: The Enforcement Response Plan (ERP) was last approved on 8/25/94. It is recommended that the ERP be reviewed to ensure that it is consistent with current regulations. Any upgrades to the ERP must be submitted to the Division's Central Office for approval. NOD: ❑ Yes ® No NOV: ❑ Yes ® No QNCR: ❑ Yes ® No POTW Rating: Satisfactory ® Marginal ❑ Unsatisfactory ❑ PCI COMPLETED BY: o--- DATE: October 1, 2003 Jol esley, Mooresville Reg 1 Office Filename: Kings Mtn 0304 pci Pate 3 Revised: 6/30/98 y 1itG't3_ F Eby, Gavemor WN.n G� Rays, Jr .Seaeba p � �'� of Ernrr� and 4kura1 Resources _ Abn W !Tome t, PE. Director Dersmn of Vbter Quafty F April 11, 2003 Mr. Brian Ramsey Industrial Pretreatment Program Coordinator City of Kings Mountain 1013 N. Piedmont Avenue Kings Mountain, North Carolina 28086 Subject: P-AR Review Citv of King '-,%Iotnta - N IDES Permit No_ NUCC0737 Cleveland County, NC Dear Mr. Ramsey: Mooresville Regional Office staff has re'Vzewed your Pre-LrL--tm--nt A=t nl Report (PAR) for the reporting period of January through Decembc-r 200?. Based on the retiie-w, it appears that the POTW completed the PAR in accordance ,%ith guidelines se`r forth in Chapter 9 of the Comprehensive Guidance for North Carolina Pretreatment Pro¢ -anus_ If you have any questions concerning your PAF, please do not hesitate to contact John Lesley of this Office at (704) 663-1699. Sincerely, �.1 L�� W1'4-D_ Rex Gleasson- P F- ater Quality Region? Super`-L-Wr Cc: Deborah Gore, Pretreatment Unit - Central Ofre Central Files JL i =Mwile Fe errs n9 N=ft Ltan SZeeL u0meseik.— 1, C M1 Tz- Custz mer Sere ne Frtr _-_ —, •_ 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 March 19, 2003 Mr. Kenneth Downey City of Kings Mountain PO Box 429 Kings Mountain, North Carolina 28086 Subject: NPDES Permit renewal application Permit NCO020737 Pilot Creek WWTP Cleveland County Dear Mr. Downey: NPDES Unit personnel received your permit renewal application on March 4, 2003. Thank you for submitting this package. We need some additional items in order to process your permit renewal: 2 Copies of your application The permit renewal for this facility will be assigned to a staff member. This staff member will contact you if further information is needed to complete the permit renewal. Please note that the NPDES Unit has several vacant positions. This staff shortage has lasted for over 4 years and is delaying all permit renewals. Our remaining permit writers are currently reviewing Authorizations to Construct, speculative limit requests, major permit modifications and 201 plan updates ahead of permit renewals. If this staff shortage delays reissuance of your permit, the existing requirements will remain in effect until the permit is renewed (or the Division takes other action). We appreciate your patience and understanding while we operate with a depleted staff. If you have any additional questions concerning renewal of the subject permit, please contact Charles Weaver at (919) 733-5083, extension 511. cc: Mooresville -Regional Office/Water Quality Section NPDES Unit Central Files N. C. Division of Water Quality / NPDES Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 Internet: h2o.enr.state.nc.us Sincerely, Valery Stephens Point Source Branc tiCFf'r �1,4>..l,n r Phone: (919) 733 5083, extensiorn�520y uT (9�1�9)�733 0719. ,., DENR Customer Service Center: 1 800 623-7748 e-mail: valery stephens@ncmail.net WA7-' Michael F. Easley, Governor \O�0 94G William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources C r Alan W. Klimek, P.E. Director > Division of Water Quality o -c January 13, 2003 222 Mr. Kenneth E. Downey City of Kings Mountain Pilot Creek Lab Route 6 200 Potts Creek Road Kings Mountain, NC 28086 SUBJECT: Laboratory Certification Maintenance Inspection Dear Mr. Downey: ��L1�:¢":. (?1- S'�`S'ifi6.��C, 'fir-;•, � ,r�Fm:,�T � ra,• Enclosed is a report for the inspection performed on November 22, 2002 by Mr. Chester E. Whiting. Where deficiencies are cited in this report, a response is required as well as for all lettered comments and/or recommendations. Within thirty days of receipt, please supply this office with a written item for item description of how these deficiencies, comments and/or recommendations were corrected. If the deficiencies cited in the enclosed report are not corrected, enforcement actions will be recommended. For certification maintenance, your laboratory must continue to carry out the requirements set forth in 15A NCAC for 2H .0800. Copies of the checklists completed during the inspection may be requested from this office. Thank you for your cooperation during the inspection. Please contact us at 919-733-3908, if you have questions or need additional information. Sincerely, Gary 4 k141 James W. Meyer Laboratory Section Enclosure cc: Chester E. Whiting Mooresville Regional Office Laboratory Section N. C. Division of Water Quality 1623 Mail Service Center Raleigh, NC 27699-1623 (919) 733-3908 Fax: (919) 733-6241 Internet: dwqlab.org Customer Service 1-800-623-7748 ON -SITE INSPECTION REPORT Laboratory Name: Laboratory Address: Laboratory Cert. Number Inspection Type: Inspection Date: Inspector(s): Local Contact Person(s): I. INTRODUCTION: Kings Mountain Pilot Creek WWTP Laboratory Route 6, 200 Potts Creek Rd. Kings Mountain , NC 28026 222 Maintenance November 22, 2002 Chet Whiting Mr. Ken. Downey The above named laboratory was inspected to verify compliance with 15A NCAC 2H .0800 for the analysis of environmental samples. II. OVERVIEW: The laboratory was neat and well organized. Laboratory personnel provided the inspector(s) with all materials, and information requested for examination. III. DEFICIENCIES, REQUIREMENTS, COMMENTS, AND RECOMMENDATIONS: GENERAL LABORATORY: A. COMMENT: Laboratory SOP updates are in progress at this time. It was agreed that updated SOPs would be submitted by the end of January 2003. TOTAL RESIDUAL CHLORINE: B. COMMENT: At this time the laboratory is alternating standard sources to check meter calibration. This does not satisfy the second source requirement. REQUIREMENT: Analyze one known standard in addition to calibration standards each day samples are analyzed to document accuracy. This laboratory control standard must be fro second source. For held curves for colorimetric methods, it must be analyzed after the calibra verification standard is analyzed. It is recommended that this laboratory control standard, like calibration verification standard, have a mid -range concentration and not vary by more than t 10 it does the analysis is out of control. The analysis must be terminated and the problem correc Ref: 15A NCAC 2H .0805 (a) (7) (B), (F), and Standard Methods, 18th Edition - Method 1020 B.3. COMMENT: The laboratory has three sources on hand. The sequence in checking calibration and analyzing the LCS is as follows: Kings Mountain Pilot Creek WWTP Laboratory Page 2 1) After setting up the instrument according to manufacturers directions analyze a mid -range check standard. This standard should be the same material used to create the curve; or verify the internal curve. The mid -range check must be within f 10% of the true values of the standard. 2) Immediately following the mid -range and prior to sample analysis analyze the Laboratory Control Sample (LCS). This is a standard from a second source. If you use a purchased standard from a vendor you may use acceptance criteria stated by the vendor. If the standard is prepared in the laboratory you may calculate acceptance criteria based on statistical evaluations, or use t 10% of the true value. C. COMMENT: The internal curve of the DR 4000 is verified from 15 to 2000ug. The laboratory indicated that the 2000ug standard was diluted due to fact the instrument flashes over range above 1800ug. REQUIREMENT: While you can and on occasions may have to dilute samples so that they are within the linear response of an instrument, you may not do this with standards. The verification has adequate range so that this standard may be dropped. The verification is acceptable from 15 to 1500ug. COMMENT: The laboratory may switch methods to an automatic titration procedure. Please be reminded that any 'changes in reference for analytical methods requires submission of a Certification Application Amendment, and may require the analysis of a performance evaluation sample as well. BIOCHEMICAL OXYGEN DEMAND: 1. DEFICIENCY: A meter drift check is performed on day 1 of the test using a blank, however a drift check is not performed and documented when sample final D.O. uptakes are analyzed on day 5 of the test. REQUIREMENT: The D.O. meter must be checked at the end of the series for drift. The meter must be checked frequently ( at least every ten samples) for. large analytical series. ref: STANDARD METHODS 5210 B (4) (g) , STANDARD METHODS 4500-0 G (1) (a) and 15A NCAC 2H .0805 (a) M & (7) (a). COMMENT: Meter checks may be accomplished as follows: Day 1: Fill a bottle with laboratory water being careful not to entrain air. Read and record the D.O., carefully recap the bottle. Re -check the DO to determine drift. Repeat re -checks as necessary ( determine by the size of the analytical series). It is best to allow the bottle to come to room temperature, or prepare ahead of time and allow to stabilize in the incubator. Day 5: Read the D.O. of the dilution water blank and record._ Carefully recap and repeat the procedure as necessary. Kings Mountain Pilot Creek WWTP Laboratory Page 3 FECAL COLIFROM MEMBRANE FILTER: D. COMMENT: Consumable � testing was performed this year. However the testing was conducted on effluent samples. Most of these samples have low, or no colony growth. REQUIREMENT: For consumable testing to achieve it's purpose the testing must be conducted on samples that produce at least some growth. This testing needs to be conducted on samples that provide some consistency in colony growth. RECOMMENDATION: The use of a culture positive is highly recommended. This may be made by diluting the plants influent to produce plates within a countable range. The analysis of a culture positive is highly recommended as a quality control procedure. DATA REVIEW: COMMENT: Fecal Coliform (MF), one instance was observed where a colony count outside the 20 - 60 range was averaged with counts that were within range. (8/8/02) This appears to be an isolated instance and the laboratory was directed to review the counting procedure. There was little effect on the final value. No other deficiencies were observed. IV. CONCLUSION: The laboratory does a good job overall. Generally deficiencies observed were minor and infrequent. A few systematic errors were observed. Most of the deficiencies can be corrected by fine tuning laboratory documentation. All deficiencies from the previous audit were corrected. Laboratory personnel were professional and courteous throughout the audit process. Many improvements in documentation were observed. Correcting the above cited deficiencies and comments and implementing the recommendations will help this lab to produce quality data and meet certification requirements. Please respond to all numbered deficiencies and lettered comments. Report prepared by Chet Whiting Date: December 18, 2002 rvucncnCi F. Zamcy, %.Duv=nioI William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources November 1, 2002 Mr. Walt 011is, Water Resources Director 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. 011is: Alan W. Klimek, P.E., Director Division of Water Quality . it Enclosed is a copy of the toxicity test results relative to the inspection conducted at the subject facility on October 22, 2002 by John Lesley of this Office. Effluent Samples were collected on October 22 and 26, 2002 by Division staff for use in a chronic 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 (704) 663-1699. - -- Sincerely, .F 07 D. Rex Gleason, P.E. Water. Quality Regional Supervisor Enclosure cc: Central Files Kevin Bowden, Aquatic Toxicology Unit Cleveland County Health Department =M MCDEW N. C. Division of Water Quality 919 North Main Street, Mooresvilie NC 26115 Phone (704) 663-1699 FAX (704) 663-6D40 / I Kings Mountain Pilot Creek WWTP NPDES Permit No. NC0020737 Page 2 Whole effluent samples were collected on October 22 and 26, 2002 by Division staff 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% 27.0 neonates 100% 29.7 neonates 7.37 SU 2780 micromhos/cm <0.030 mg/1 7.41 SU 3020 micromhos/cm <0.030 mg/l Test results for these samples indicate that the effluent would not be predicted to have water quality impacts on the receiving stream. j� MEMORANDUM Division of Water Quality - Aquatic Toxicology Unit October 30, 2002 To: Rex Gleason Water Quality Supervisor, MRO Through: Matt Matthews ("" Supervisor, Aquatic Toxicology Unit From: Sandy Mort Quality Assurance Officer, Aquatic Toxicology Unit Subject: Whole effluent toxicity test results King's Mountain -Pilot Creek WWTP NPDES Permit # NCO020737/001 Cleveland County NC DEPT. ry�s� by HAT, `r•.�- � C as NOV a 1 2002 ra,1 � `� j �y'2 'ter aasC j 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 October 22 and 25 by John Lesley 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 3-Brood Ceriodaphnia dubia pass/fail Test Concentrations 33% sample Test Result Pass Control Survival 100% 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 27.0 neonates 100% 29.7 neonates 7.37 SU 2780 micromhos/cm <0.0300 mg/L 7.41 SU 3020 micromhos/cm <0.0300 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 (919) 733-2136. Basin: BRD05 cc: Central Files Environmental Sciences Branch Water Quality Section 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 Qualitv October 28, 2002 Mr. Walt-011is, Water Resources Director City of Kings Mountain Post Office 429 Kings Mountain, North Carolina 28086 Subj ect: Pretreatment Compliance Inspection City of Kings Mountain NPDES Permit No. NCO020737 Cleveland County, NC Dear Mr. 011is: Enclosed is a copy of the Pretreatment Compliance Inspection Report for the inspection of the City of Kings Mountain's approved Industrial Pretreatment Program on October 25, 2002 by Mr. John Lesley of this Office. The City's Industrial Pretreatment Program is commendable. 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 (704) 663-1699. Sincerely, ,�A�WRex Gleason, P.E. ater Quality Regional Supervisor Enclosure cc: Central Files Dana Folley / Deborah Gore, Pretreatment Group Cleveland County Health Department JL V N. C. Division of Water Quality 919 North Main Street, Mooresville NC 28115 Phone (704) 663-1699 FAX (704) 663-6040 -AM MA � NORTH CAROLINA DIVISION OF WATER 1QUALITY NCDENR PRETREATMENT COMPLIANCE INSPECTION (PCI) REPORT Ew.+11CwMEwr up NRUMt iiOOJI¢CS BACKGROUND INFORMATION [Complete Prior To PCI; Review Program Info Database-Sheet(s)l 1. Control Authority (POTW) Name: City of Kings Mountain 2. Control Authority Representative(s): Brian Ramsey Telephone: 704-734-4524 Fax: 704-730-2152 3. Title(s): Pretreatment Program Coordinator E-mail: NA 4. Last Inspection Date: 10 /26 /2001 Inspection Type: ® PCI ❑ Audit 5. Has Program Completed All Requirements from the Previous Inspection or Program Info Sheet(s)? ® Yes ❑ No 6. Is POTW under an Order That Includes Pretreatment Conditions? ❑ Yes' ® No Order Type and Number: Are Milestone Dates Being Met? ❑ Yes ❑ No ® NA PCS CODING Trans.Code Main Program Permit Number MM/DD/YY Inspec.Type Inspector I N I INICI0 In 121017I3 I7I f1o12s1o21 Lp I I Q, J Fac. Type L�J (FACC) (L) HA) ("1'YYi) (IN 1 7. Current Number Of Significant Industrial Users (SIUs)? 8 SNS 8. Current Number Of Categorical Industrial Users (CIUs)? -4 CIUS 9. Number of SIUs Not Inspected B POTW in the Last Calendar Year? 0 10. Number of SIUs Not Sampled B POTW in the Last Calendar Year? ❑ 0 11. Enter the Higher Number of 9 or 10 0 NOIN 12. Number of SIUs With No IUP, or With an Expired IUP 0 NOCM .13. Number of SIUs in SNC for Either Reporting or Limits Violations During Either of the Last 2 Semi -Annual Periods (Total Number of SIUs in SNC) 1 PSNC 14. Number of SIUs in SNC For Reporting DuringEither of the Last 2 Semi -Annual Periods 1 MSNC 15. Number of SIUs In SNC For Limits Violations DuringEither of the Last 2 Semi -Annual Periods 0 -- SNPS 16. Number of SIUs In SNC For Both Reporting and Limits Violations During Either of the Last 2 Semi-annual Periods 0 POTW INTERVIEW 17. -:Since the.Last.PCI, has the POTW had any POTW Permit Limits Violations? If Yes, What are the Parameters and How are these Problems Being Addressed? (See Comments Section) 18. Since the Last PCI, has the POTW had any Problems Related to an Industrial Discharge (Interference, Pass -Through, Blockage; Citizens' Complaints, Increased Sludge Production, Etc.)? If Yes, How are these Problems Being Addressed? BSI Yes U No Toxicity Failures 10/02 and 11/02 Cadmium daily max 2/7/02 . ® Yes - El No pass through —Cadmium 19. Which Industries have been in SNC during either of the Last 2 Semi- SNC for Limits: Annual Periods? Have any Industries in SNC (During Either of the Last SNC for Reporting: 2 Semi -Annual Periods) Not Been Published for Public Notice? Not Published: (May refer to PAR if Excessive SIUs in SNC) 20. Which Industries are on Compliance Schedules or Orders? For all SIUs on an Order, Has a Signed Copy of the Order been sent to the Division? NA 21. Are Any Permits Or Civil Penalties Currently Under Adjudication? If Yes, Which Ones? Filename: Kings Mtn pci 02-03 Revised: 6/30/98 NA Dye Masters, Inc. None Yes N No Page 1 Eppp" F TREATMENT PROGRAM ELEMENTS REVIEW — Please review POTW files and complete the following: Program Element Date of Last Approval Date Next Due, If Applicable Headworks Analysis (HWA) 11/14/01 8/14/06 Industrial Waste Survey (IWS) 9/7/01 12/10/04 Sewer Use Ordinance (SUO) 9/27/01 Enforcement Response Plan (ERP) 8/25/94 Long Term Monitoring Plan (LTMP) 9/14/01 LTMP FILE REVIEW: 22. Is the LTMP Monitoring Being Conducted at Appropriate Locations and Frequencies? ® Yes ❑ No 23. Should any Pollutants of Concern be Eliminated from or Added to the LTMP? ❑ Yes ® No If yes, which ones? Eliminated: Added: 24. Are Correct Detection Levels being used for all LTMP Monitoring? ® Yes ❑ No 25. Is the LTMP Data Maintained in a Table or Equivalent? ® Yes ❑ No Is the Table Adequate? ® Yes ❑ No TTVTITTQTRTAT. TT.QF.R PT.RMTT MTP) FTT.F. RF.VTF.W(3 ITTP FILE REVIEWS OR 1 FILE REVIEW AND 1 IU INSPECTION) 26. User Name 1. Dye Masters, Inc. 2. Eaton Corporation IF 3. Buckeye Anodizing 27. IUP Number 030 008 015 28. Does File Contain Current Permit? ® Yes El No ®Yes El No ®Yes [:1 No 29. Permit Expiration Date 11/17/06 11/17/06 11/17/06 30. Categorical Standard Applied (I.E. 40 CFR, Etc.) Or N/A 410 433 433 31. Does File Contain Permit Application Completed Within One Year Prior to Permit Issue Date? ® Yes ElNo ®Yes El No ®Yes [I No 22. Does File Contain an Inspection Completed Within Last Calendar Year? ® Yes ❑ No ® Yes ❑ No 11 ® Yes ❑ No 33. a. Does the File Contain a Slug Control Plan? b. If No, is One Needed? (See Inspection Form from POTW) . ®Yes ❑No Fb.❑Yes ❑No a. ®Yes ❑No b. []Yes ❑No a. ®Yes ❑No b. ❑Yes ❑No 34. For 40 CFR 413 and 433 TTO Certifiers, Does File Contain a Toxic Organic Management Plan (TOMP)? ❑Yes❑No®N/A ®Yes❑No❑N/A ®Yes❑No❑N/A 35. a. Does File Contain Original Permit Review Letter from the Division? b. All Issues Resolved? a. ®Yes ❑No I b.®Yes❑No❑N/A a. ®Yes ]No b.®Yes❑NopN/A a. ®Yes ❑No b.®YespNo❑N/A 36. During the Most Recent Semi -Annual Period, Did the POTW Complete its Sampling as Required b IUP? ® Yes ❑ No ® Yes ❑ No 11-2 Yes ❑ No 37. Does File Contain POTW Sampling Chain -Of -Custody Forms? ® Yes ❑ No ® Yes ❑ No 11 ® Yes ❑ No 38. During the Most Recent Semi -Annual Period, Did the SIU Complete its Sampling as Required b IUP? ®Yes❑No❑N/A IF"!ON/Ao ®Yes❑No❑N/A 39. Does Sampling Indicate Flow or Production? ®Yes❑No❑N/A ®YespNo❑N/A11 ®Yes❑No❑N/A 40. During the Most Recent Semi -Annual Period, Did the POTW Identify All Non -Compliance from Both POTW and SIU Sampling? ® Yes ❑ No El ® Yes ❑ No ❑ NA ® Yes ❑ No ❑ NA 41. a. Was the POTW Notified by SILT (Within 24 Hours) of All Self- Monitoring Violations? b. Did Industry Resam le Within 30 Days? es®NoON/A EbYes❑No a.®Yes❑No❑N/A b. ®Yes ❑No aaYes❑No❑N/A b. ®Yes ❑No Was the SIU Promptly Notified of Any Violations (Per ERP)? ®Yes❑No❑N/A ®Yes❑No❑N/A ®Yes❑No❑N/A _42. 43. During the Most Recent Semi -Annual Period, Was the SIU in SNC? ® Yes ❑ No ❑ Yes ® No ❑ Yes ® No 44. During the Most Recent Semi -Annual Period, Was Enforcement Taken as Specified in the POTWs ERP? ®Yes❑No❑N/A ®Yes❑No❑N/A ®Yes❑No❑N/A 45. Does the File Contain Penalty Assessment Notices? ®Yes❑No❑N/A ❑Yes0No®N/A ❑YespNo®N/A 46. Does The File Contain Proof Of Penalty Collection? ®YespNo❑N/A ❑YesElNo®N/A ❑Yes0No®N/A 47. a. Does the File Contain Any Current Enforcement Orders? b. Is SILT in Compliance with Order? a.❑YespNo®N/A b.❑YespNopN/A Fa.❑YespNo®N/A b.❑Yes❑No❑N/A a.❑Yes❑No®N/A b.❑Yes❑NopN/A 48. Did the POTW Representative Have Difficulty in Obtaining Any of This m Requested Inforation For You? ❑ Yes ® No ❑ Yes ®No ❑ Yes ® No Filename: Kings Mtn pci 02-03 Page 2 Revised: 6/30/98 FILE REVIEW COMMENTS: 1. Masters, Inc. was placed in SNC for the periods 7/1/01 through 12/31/01 and 1/1/2002 through 6/30/2002 for failure to submi IDMRs by the due date stipulated in the IUP. A penalty of $250 was issued against Dye Masters, Inc. for the 7/01-12/01 reporting violations and $1000 for the 1/02-6/02 reporting violations. 2. A -high cyanide value (550 ug/1) was found during.a sampling event:for the LTMP. Staff is conducting a trunkline monitoring investigation in an attempt to'locate the source of the cyanide discharge. PCI SUMMARY AND COMMENTS: PCI Comments: 1. A HWA modification is in progress. A request for the design criteria removal rate for TSS has been requested by the Division's Central Office. 2. Toxicity test failures and the cadmium violation did not recur. A source of the problems was not found although an investigation was conducted. Requirements: See the Pretreatment Program Elements Review Section of this report. Recommendations: NOD: ❑ Yes ® No NOV: ❑ Yes _® No QNCR: 0-Yes ® No POTW Rating: Satisfactory ® Marginal ❑ Unsatisfactory ❑ PCI COMPLETED BY: DATE: October 28, 2002 Jo esley, Mooresville 4nal Office Filename: Kings Mtn pci 02-03 Page 3 Revised: 6/30/98 PPP ot6� W AT �RQG c > a�-I October 23, 2002 Mr. Walt 011is, Water Resources Director City of Kings Mountain Post Office Box 429 Kings Mountain, North Carolina 28086 1-1 Dear Mr. 011is: Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P Director Division of Water Qu/ality �1 Subject: Compliance Biomonitoring Inspection Kings Mountain Pilot Creek WWTP NPDES Permit No. NCO020737 Cleveland County, NC Enclosed is a copy of the Compliance Biomonitoring Inspection Report f6r the inspection conducted at the subject facility on October 22, 2002 by John Lesley of this Office. Operation and maintenance of the facility are commendable. Please inform the facility's Operator -in - Responsible Charge of our findings by forwarding a copy of the enclosed report. . Effluent samples were collected for use in a chronic Ceriodaphnia dubia pass/fail toxicity test. Toxicity test results will be forwarded under separate cover when available. 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 (704) 663-1699. Sincerely, D. Rex Gleason, P.E. Water Quality Regional Supervisor Enclosure cc: Cleveland County Health Department Central Files JL NlCDE R N. C. Division of Water Quality 919 North Main Street, Mooresville NC 28115 Phone (704) 663-1699 FAX (704) 663-6D40 United States Environmental Protection Agency, Washington , DC 20460 Ass NPDES Compliance Inspection Report ®,' North Carolina Department of Environment and Natural Resources �< Division of Water Quality, Mooresville Regional Office NC®ELNR Form Approved OMB No. 2040-0003 Approval Expires 7/31 /85 Section ,A:. National Data S stem Coding Transaction Code NPDES Permit No. YR/MO/DAY Inspection Type Inspector Facility Type N 5 NCO020737 02/10/22 B S 1 Inspection Work Days Facility Self -Monitoring Evaluation Rating BI QA ...........Reserved............ 2 3 N N Section.:B: Facility Data Entry Time: Permit Effective Date: Name and Location of Facility Inspected: 10:30 March 9, 1999 Kings Mountain Pilot Creek WWTP Exit Time: 200 Potts Creek Road, off Highway 74 west of Kings Mountain 1:00 Permit Expiration Date: Cleveland County, North Carolina Date: August 31, 2003 02/ 10/22 Name(s) of On -Site Representatives ---Title(s)----Phone No(s): Kenneth Downey / ORC / 704-739-7131 Name and Address of Responsible Official: Title: Mr. Walt 011is Water Resources Director City of Kings Mountain Phone No. Contacted? Post Office Box 429 Kings Mountain, North Carolina 28086 704-734-4525 No Section C: Areas.Evaluated During Inspection Permit ® Flow Measurement ® Operations & Maintenance ❑ Sewer Overflow ® Records/Reports ® Self -Monitoring Program ® Sludge Handling/Disposal ❑ Pollution Prevention ® Facility Site Review ❑ Compliance Schedules ❑ Pretreatment Program ❑ Multimedia ® Effluent/Receiving Waters ® Laboratory ❑ Stormwater ❑ Other: Section D: Summary of�Findings/Comments See Attached Sheet(s) for Summary Chronic toxicity test results will be forwarded under separate cover when available. Signature(s) of Inspector(s): Agency/Office/Telephone: Date: John Lesley =4'DENR-DWQ/MRO/(704) 663-1699 .FAX: (704) 663-6040 October 23, 2002 Signature of Reviewer: Agency/Office Date: Regulatory Office Use Only Action Taken Date: Noncompliance Compliance ZrA rorm JDOU-j (Keviseci j-ZSJ) previous Editions are Ubsolete Kings Mountain Pilot Creels WWTP NPDES Permit No. NCO020737 Page 2 John Lesley of this Office last inspected the subject facility on October 22, 2002. Permit: The permitted facility is a 6.0 MGD wastewater treatment plant consisting of dual screw lift pumps, manual bar screen, parshall flume with instrumented flow measurement, flow diversion, four aeration basins with mechanical aeration, four clarifiers, chlorine contact basins, dechlorination, dual aerobic digesters with mechanical aeration, and belt press dewatering facilities. Facility Site Review/Operation and Maintenance: The facility is staffed by a Grade IV ORC. A designated properly certified back up ORC is available in the absence of the ORC. Operation and maintenance of the facility are commendable. The process control program consists of dissolved oxygen, settleable solids, pH, temperature, and sludge blanket depth measurements. MLSS and MLVSS testing is conducted and used in calculating the MCRT, F:M ratio, and SVI. The aeration basins contents appeared to be well mixed and of good quality. No denitrification was observed in the clarifiers or chlorine contact basins. The #3 clarifier has been renovated and was placed in service in August 2002. The facility utilizes ton cylinders of chlorine gas for disinfection and SOZ gas for dechlorination. An Emergency Response Plan has been implemented for the facility. Laboratory: The on -site laboratory (Certificate # 222) conducts BOD, ammonia as nitrogen, fecal coliform, total residual chlorine, total suspended residue, and pH. PAR Laboratories performs chlorides, cyanide, fluoride, and metals analyses. ETT Environmental conducts chronic toxicity testing. All quality control documentation appeared to be complete and up-to-date. Records/Reports: Records consist of monthly monitoring reports, chain of custody forms, flow charts, instrument calibration logs, sludge disposal records, ORC log, operation and maintenance reports, laboratory analysis reports, and process control records. All records are maintained in accordance with NPDES Permit requirements. Self -Monitoring Program: Monthly monitoring reports were reviewed for the period August 2001 through July 2002. Chronic toxicity test failures were reported in October and November 2001. A Notice of Violation was sent for the toxicity limit violations. The facility also reported a daily maximum limit violation for cadmium on February 7, 2002. A Notice of Violation and Assessment of Civil Penalty was issued on August 14, 2002 for the violation (Case No. LV 02-312). The civil penalty totaling $335.45 was paid on August 22, 2002 and the case is closed. No other violations were reported during the period. Samples are collected proportional to flow and are maintained at <4°C during collection and storage. Kings Mountain Pilot Creek WWTP NPDES Permit No. NCO020737 Page 3 Flow Measurement: Flow is measured by means of an ultrasonic flow meter with a totalizer and chart recorder. The flow meter is calibrated annually or as needed by Ken Nash Instrument Service. The flow meter was last calibrated on May 2, 2002. Sludge Disposal: Sludge is taken to the Cleveland County Landfill for disposal. Effluent/Receiving Waters: The facility discharges to Buffalo Creek, which is a Class C water in the Broad River basin: The discharge was tinted red with no visible solids or foam. The receiving stream did not appear to be negatively impacted by the discharge. Color was visible downstream of the discharge. Facility staff collected 24-hour composite samples for use in a chronic Ceriodaphnia dubia pass/fail toxicity test. Toxicity test results will be forwarded under separate cover when available. State of North_Carolina I_! ' '__ - Department of Environment r<. and Natural Resources 1 Division of Water Quality SEP 1 22002 Michael F. Easley, Governor Willam G. Ross Jr., SecretaryNCDENR - Alan Klimek, .E., Director y"y c ''''''" NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES August 28, 2002 R. WALTER C. OLLIS PO BOX 429 KINGS MOUNTAIN, NC 28086 SUBJECT: PAYMENT ACKNOWLEDGEMENT CIVIL PENALTY ASSESSMENT PILOT CREEK WWTP CLEVELAND COUNTY PERMIT NO: NCO020737 LV 02-312 Dear Mr. 011is : This letter is to acknowledge receipt of check No. 34943 in the amount of $335.45 received from you dated August 22, 2002. This payment satisfies in full the 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 Bob Sledge at (919) 733-5083. Sincerely, ��/Coleen Sullins, Chief Water Quality Section Cc: Enforcement File #: LV 02-312 MRO Reg final'`' ffici �Sup-e. r Central Files 1617 Mail Service Center, Raleigh, NC 27699-1617 Telephone 919-733-5083 Fax 919-733-9612 An Equal Opportunity Affirmative Action Employer 50 % recycled/10 % post -consumer paper Waliam G. +�ias-I-, Se7Eary htcai Carotin z Lw..araneni of =n mers' and rM=,Ml R=S=Ur=MS Alan VV. Kirmel;_ --D Dwe=mr Division 07 V:ate' Quality, 4 Q I (L e August 14, 2002 CERTIYIED MAIL "1 CO I —')Ib! 0 bbc)S WP- to (�6.: RETURN RECEIPT REQUESTED Mr. Walter C. 011is, Water Resources Director City of Kings Mountain P.O. Box 429 Kings Mountain, NC 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. NCO020737 Pilot Creek WWTP Case No. LV 02-312 Cleveland County Dear Mr. 011is: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $335.45 ($250.00 civil penalty + $85.45 enforcement costs) against the City of Kings Mountain. This assessment is based upon the following facts: A review has been conducted of the discharge monitoring report (DMR) submitted by the City of Kings Mountain for the month of February 2002. This review has shown the subject facility to be in violation of the discharge limitations found in NPDES Permit No. NC0020737. 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. NCO020737 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, D. Rex Gleason, Water Quality Regional Supervisor for the Mooresville Region, hereby make the following civil penalty assessment against the City of Kings Mountain: A. Z. Division ff IN.--7- Q: afty 919 Nosh ih:aln Saes; Maorees ilie NC 28115 Pnnne (/D4) nS_� tc99 =AX (7D4) SE:rSSMD c� L' p LL J $ 85.45 For of the one (1) violation of G.S. 143- 215.1(a)(6) and NPDES Permit No. NC0020737, by discharging waste into the waters of the State in violation of the permit daily maximum effluent limit for Cadmium. 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- 2 82. 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 violation; (2) The duration and gravity of the violation; (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 violation was 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 2. Submit a written request for remission or mitigation including a detailed justification for such request: r A request for remission or mitigation is limited to consideration of the reasonableness of the amount of the penalty and is not the proper procedure for contesting the accuracy of any of the statements contained in the assessment letter. 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 there are no factual or legal issues in dispute. You must execute and return to this office the attached waiver and stipulation form and a detailed statement which you believe establishes whether: (a) 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; (b) the violator promptly abated continuing environmental damage resulting from the violations; (c) the violations were inadvertent or a result of an accident; (d) the violator had been assessed civil penalties for any previous violation; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please submit this information to the attention of: Ms. Coleen Sullins Water Quality Section Chief Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Please note that all information presented in support of a request for remission must be submitted in writing. The Director of the Division of Water Quality will review the information during a bimonthly enforcement conference and inform you of his decision in the matter of the remission request. His 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. Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director and therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. KO 3. Submit a written request for an administrative hearing: If you wish to contest any statement in this assessment letter, you must request an administrative hearing. This request must be in the form of a written petition to the Office of Administrative Hearings and must conform to Chapter 150B of the North Carolina General Statutes. You must: a File your original petition with the Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-1601 and Mail or hand -deliver a copy of the petition to Mr. Dan Oakley, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, North Carolina 27699-1601 Failure to exercise one of the options above within thirty days, as evidenced by a date stamp (not a postmark) indicating when we received your response, will result in this matter being referred to the Attorney General's Office with a request to initiate a civil action to collect the penalty. Please be advised that any continuing violation(s) may be the subject of a new enforcement action, including an additional penalty. If you have any questions about this civil penalty assessment, please contact the Water Quality Section staff of the Mooresville Regional Office at 704/663-1699. (Date) ATTACHMENTS D. Rex Gerson, P.E. Water Quality Regional Supervisor Mooresville Regional Office Division of Water Quality cc: Water Quality Regional Supervisor w/ attachments Compliance/Enforcement File w/ attachments Central Files w/ attachments Attachment A City of Kings Mountain Pilot Creek WWTP NPDES Permit No. NC0020737 Case Number LV 02-312 Limit Violations, February 2002 Daily Maximum Limit Violations Parameter Reported Value Limit Units Cadmium 13.00 * 6.10 /-cg/L * denotes assessment of civil penalty. STATE OF NORTH CAROLINA COUNTY OF Cleveland IN THE MATTER OF ASSESSMENT ) CIVIL PENALTIES AGAINST ) City of Kings Mountain ) PERMIT NO. NCO020737 ) DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES WAIVER OF RIGHT TO AN OF ADMINISTRATIVE HEARING AND STIPULATION OF FACTS FILE NO. LV 02-312 Having been assessed civil penalties totaling for violation(s) as set forth in the assessment document of the Division of Water Quality dated , 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 , 2002 ADDRESS NPDES PERVJT -N0: NCOOH73 i DISCHARGE -NO: 001 MONTE 02 YRAE av 02 FrILITY NAME: �ILQT..CREEk-�iPCF COUNTY: CLEVELAND OPERATOR I:T _ ^"NiIBLB CR$�$_{GRC1: l0 LDOWN Y -GRAM-. -IV MNF,: 744-7B-7131 CERTIFIED#In-. t. .g it c�txTaF us #" =Ix- ORT ? ,-CBAKED --PSRSUE (S) CGLAC Mrraz_-. GPE11 R0 Mai! GRIUIINAI}--and-ONE aY tc-: � ATTH: CENTRAU FILES i -Dill. O &iiV�r"ONt§ENgAL T. h ��riY!/F l % .ate rri f DEHNR r r"IGNnUBE .UF DOE:INiRBS�A#"��RT } P.G. BCo 205 BY ::T"T" "^nT:. �:SHRTI F ==S- mm �a li uH, TC �7-a2o=0�:; j P.I:C = fiD �ONPLETE�O THE'T CF NT�AOA'LBDuE PARAMET27CODE ( Mtt, 00080.I TGP3B 1 WK 01051 01067 M27 I -01-M P2ittAKTBR-.4M_LCHLOr,ID1L -C-D iOic I'ZQ ICIT7 TjrvuZ:, " _ LEAL NICr CAD I1fi .. iINC i-CE-TOT 10 IC__ - n,; h REi= 111- =7 CLr RE Dr'U.'T. _ii N�".tLI UH TL 11 PASS M ; L- f TLr_, _ UG�L.:. u. _ .. L . i i .2 k 4 t k 120:.Q j .i3.8. r. ! r ' I 12 IL ) �•7Q.L 1.1fc 10.Gj`c 1G G 2.4 Q.08: 1° - 20 C 21 LG 23 : L 2"_ ! L ! 26 27 28 E��:� f 1.1�< 2Q:G1 1G: -G.0 29 AVERAGI` j. t�i .ry2� ( t,21 112..5 t(����(j t.�p�5 �L pi ME, iKir: I nE a ' � ���1 41 l LVL•.Ll. 1i. H MR _. MR Cam C � 7 2o7.Q� IUMONhLa-LIMLr- 0 Facility Status: (Please check one of the followint•) All monitoring data and sampling frequencies meet permit requirements Compliant All monitoring data and sampling frequencies do NOT meet permit requirements Noncompliant if the facility is noncompliant, please comment on corrective actions being taken in respect to equipment, operation, maintenance. etc., and a time-tahle for irmprovements to be. made. O!✓ �; .� LXr*�P G / L �/lr l�� rJ�� l Yle t'�G �'� L9 t /1t�' r' ���' or Ga�.'G So�r�r�� ��Jr.,l 1 Iri arvL �` A! Oa; I071r, 2 / i�Al '- . e rs� �,Ur' r-r,�,l; A! a / �< % 1/� 1-fJGLti�+i7� T✓"�''iGA/ *11 certif}', under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry o` the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is. to the best of my knowledge and belief. true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." t Permittee (Please print or type) Signature of Permittee r r Date (Required) Permittee Address ) _ P. it Ex r� Phone Number PermDate J✓ (7r �� /� �Q� b/INI�L�A� Aj 7�6D'G PARAMETER CODES 00010 Temperature (076 Turbidity 00080 Color (Pt -Co) 00082 Color (ADMI) W095 Conductivity tK0300 Dissolved Oxygen 00310 BOD5 (!0340 COD (xu00 pH (x!530 Total Suspended Residue tY"i545 Settleable Matter 00556 Oil & Grease 00951 Total Fluoride 00600 Total Nitrogen 01002 Total Arsenic 00610 Ammonia Nitrogen 00625 Total Kjeldhal 01027 Cadmium Nitrogen 00630 Nitrates/Nitrites 01032 Hexavalent Chromium 01034 Chromiurn 00665 Total Phosphorous 00720 Cyanide 01037 Total Cobalt 00745 Total Sulfide 01042 'Copper 00927 Total Magnesium 01045 Iron 00929 Total Sodium 01051 Lead 00940 Total Chloride 01062 Molybdenum 01067 Nickel 01077 Silver 01092 Zinc 01105 Aluminum 01147 Total Selenium 31616 Fecal Coliform 32730 Total Phenolics 34235 Benzene 3 481 Toluene 38260 MBAS 39516 PCBs 50050 Flow 50060 Total Residual Chlorine 71880 Formaldehyde 71900 Mercury 81551 Xylene 1'�,zameter Code assistance may obtained by calling the Point Source Compliance/ —Enforcement Unit at (919) 733-5083 or by visiting Water Quality S6ction's web site at h2o.enr.state.nc.us/1xas and linkini to the Unit's information pages. si,only units designated in the reporting facility's permit for reporting data. ORC must visit facility and document visitation of facility as required per 15A NCAC SG .02(g. 1f signed by other than the permiucc. delegation of signatory authority must he on fiic v:tdt the state per 15A NCAC 2B .0506 (h) (D). A.(1). CFFLULN7• LIMITA•rIONS AND MONITORING REQUIREMENTS - FI14AL Permit No, NC0020737 During the period beginning on the effeclive dale of the permit and lasling unlit expiralion, the Permillee Is authorized to discharge front oulfall serial riumber 001, Such discharges shall be limited and monllored by the Permillee as specified below; 'r .i•f''4Y 1r 1 S(; , j..l`il7 �„.�.�,, t.',,r.�Y �e ;,irS=' .i,/l�,',.:.. ;'•1 �a� 1111�'l- �. t�3('I>a1:r .. �: ;i` .�;;?:�r v ll .F i,•t •`{ti .l' •:l�� :'f id Miy d,, CNr '!1 ii��s` r; q1 , .,.i: "•:i•����tr; , n '....; 7O r' i:��tY1V11ll llyt.1 �.i. .c,�. "11YY©I ��,:.. �k,r,, Ir Y.,, 'r r.�,iAverago�,;.i '.Avv t �a •.. :i. — -13a11 ^1Vfax r Burn! Y. i . �', .a, .::�f. r..'r}:, IIOR �;t; ••ensure v ••1 �I rn n : , x,:�+.p <�Ir�CIVICtY y•.!'(i'y r I tt , �e;f . t'rt.r y 1�7' •';%"' ' r 1; ample rr �. _ } a tiv ., n` rvgtivncy;i'1,r1wlTyper�:lfr ;`;Y�Yi:ocatlon� 1 Flow l3 MG[3 6ailxi ns an aneous t •or SOD, 5-day, 20 c (April 1 - October 31) z �1LI ng/ �� rn L Daily' I —Composite :. , BOD, 5-day, 201C (November 1 - March 31) 2 �I1 l mg [— �[I myll— —Daily . -Zompos le , Total Suspends Res due s T1R3- prl[�=i3cio er —30 —Daily omposite , TIR3-N-(Flovem er T - arc i � mg7— Daily iT3aily composite omposr e Dissolved Oxy enDail-- -F - rai�- eca[�oli[orm geoine[nc mean To[all�esiduaf�filoFine -2MM-JiTrnl- UU7- il>-fl- - Daily Grab —Grab 1 emperalure, °C - �fl-jiylL Daily —Daily �ra6 p 1 otalTlitrogen r,1G�FICY21 i• TRR Daily oar er y Graa- om os e olaf i'f ios liorus ronic ToxTcity� — —uarte"r1 —Guar eriy —Do►n osite _Ch Gacdmiurn —tit Compos le Lea - IJyJI— --76,0:rjyll- ee c y ornpos to — O:ii� Weekly �omo pos t Mercury monIFJI a -U yiae hyll_ — �ornposl[e -lironIMFI -- 27M5nlil �rafi-- - — Uornposile E _�- _ 2JMonili— —Dom osite —Compoo_s_i[e 4llcfc-el 11C-2JMonl�- zlMonla Zlfiloi@e -loin Fiuoilde _ 27M6511i osl[e —Composite i�opper, - MUFF— —7JMonlli —Composite— I3issotveiR3xygen - - —� r i emperalure, °C---Graff- 31vve-(� Grab i seal Coll ornt gnome r c meai��-31VVeek Cor�lci uctivity 3NVeeR-- �ra6 1—Snntplc Lacalions: L - [ frluenl, 1 - hrflucui; U — Upslieuin IN yards ubuvc the uutnill, U — Downslremu ul NCSII 1 103 Upslrenm and dowostremn sainrles shall be grab sumples. Strcmff smuples skull be Luken three litres per week during life months of June, July, August, and Seplernbcr find once per week during file reuutioing fuorrths of the year. 2 The monthly average effluent BOD5 couceulralimr Shull Hot exceed 15°16 of the respective influent value (855'a removal). The n►onflrly average effluenl'Filtal Suspended Residde concentrafiotl shall nut exceed 30%orlhe respective influent value (10%removal). 4 'fhc tinily average dissolved oxygen eflhlerlt conccutralion shall out be less Ilum 5.0 mg/L. s 'fife ill I shall flat be less thin 6.0 slnudard units nor greater lhfin 1.0slaudaid units. e Chronic Toxicity (Ccria all it,lfl) l'/I' al 33.070; Military, tlprll, lulyi fluff October; See Special Condilion A.(2), 7 The delecliun limit (•or mercury is 0.2 ltll/l. If the measured levels urmercury fire below the delecliun firm!, (lien the nleamlerllenl is considered to be zero for purposes of cuntpl Should be repotted oil life t)MK as < 0.2 Ifg/I. u 7'here shall be no discharge of floating solids or visible foam in other than It ace amounls. Fast Track Worksheet Case Number LV 02 312 Facility Name IPilot Creek WWTP Permit Number INCO020737 Previous Case Statutory Maximun $10,000 in the Last INo per violation .two years Number of Assessments for previous 6 DMRs Total Assessment Factor = 10 1 0 20 O 30 0 05 6 1.00 1.00 Exit Total Number Number Penalty/ Assessment Violations Assessed Parameter Violation Violation Factor Total Penalty Percent of the Maximum Penalty Authorized by G.S. 143-215.6A. 2.50 Comments month = February 2002 repared by Richard Bridgeman State of North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross, Jr., Secretary Alan W. Klimek, P.E., Director Walter C. 011is City of Kings Mountain P.O. Box 429 Kings Mountain, North Carolina 28086 Dear Permittee: RECEIVED JUL 1 12002 NC DEPT. of ENVIRONMENT AND NATURAL RESOURCE$ MOORESVILLE REGIONAL OFFICE July 2, 2002 VWA NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Subject: Notice of Expanded Renewal Requirements NPDES Permit NCO020737 Pilot Creek WWTP Cleveland County The subject permit expires on August 31, 2003. This advance notice is being sent to explain the new requirements for your permit renewal application. 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. To satisfy this requirement, your renewal package should be sent to the Division postmarked no later than March 4, 2003. Failure to respond to this notice by March 4, 2003 may result in a civil penalty assessment or initiation of Denial proceedings for this permit. 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 violates North Carolina General Statute 143-215.1 and could result in assessment of civil penalties of up to $25,000 per day. a The U.S. EPA changed the application requirements (at 40 CFR 122) for municipal permits, effective August 1, 2001. EPA forms 1 and 2A are attached to this Notice, and must be used for your permit renewal application. To accommodate the limited time between implementation of the new requirements and your permit renewal deadline, the effluent testing requirements have been amended as follows: 1. Conduct two Priority Pollutant Analyses (PPAs) and submit results with your renewal application. Collect samples for the PPAs in conjunction with sampling for your current quarterly toxicity test. The new PPA requirements differ from previous versions. Each PPA must include: ➢ Analyses for all total recoverable metals listed in Part D of form 2A. This includes metals that are not normally monitored through your NPDES permit. ➢ Analyses for total phenolic compounds and hardness. ➢ Analyses for all of the volatile organic compounds listed in Part D. ➢ Analyses for all of the acid -extractable compounds listed in Part D. ➢ Analyses for all base -neutral compounds listed in Part D. 2. Conduct three toxicity tests for an organism other than Ceriodaphnia and submit results with your renewal application. The tests should be conducted quarterly, with samples collected on the same day as your current toxicity test. Call the Aquatic Toxicology Unit at (919) 733-2136 for guidance in conducting the additional tests. These additional analyses must accompany your permit renewal application, or any request for a major permit modification. The Division cannot draft your permit without the additional data. Any data submitted cannot be over 41/2 years old. 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 919 733-5083, extension 511 (fax) 919 733-0719 Visa us ON THE INTERNEr @ hftp://h2o.enr.state.nc.us/NPDES Chades.Weaver@ncmail.net Permit NCO020737 Pilot Creek WWTP 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 any questions, please contact me. My telephone number, fax number and e-mail address are listed at the bottom of the previous page. Sincerely, Charles H. Weaver, Jr. NPDES Unit cc: Central Files (1, xesville�Regioiaa4 .ffice, ater • ua'ty 4'eR - n NPDES File 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 the Authorized Representative (see Part II.B.1 Lb 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. PLEASE NOTE: Due to a change in fees effective July 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 F WATF O '4 Michael F. Easley �O� pG Governor c William G. Ross, Jr., Secretary ] Department of Environment and Natural Resources O 'C Gregory J. Thorpe, Ph.D., Acting Director Division of Water Quality April 9, 2002 Mr. Brian -Ramsey Industrial Pretreatment Program Coordinator City of Kings Mountain 1013 N. Piedmont Avenue Kings Mountain, North Carolina 28086 Subject: PAR Review City of Kings Mountain NPDES Permit No. NCO020737 Cleveland County, NC Dear Mr. Ramsey: Mooresville Regional Office staff has reviewed your Pretreatment Annual Report (PAR) for the reporting period of January through December 2001. Based on the review, it appears that the POTW completed the PAR in accordance with guidelines set forth in Chapter 9 of the Comprehensive Guidance for North Carolina Pretreatment Programs. If you have any questions concerning your PAR, please do not hesitate to contact John Lesley of this Office at (704) 663-1699. Sincerely, t D. Rex Gleason, P.E. Water Quality Regional Supervisor Cc: Deborah Gore, Pretreatment Unit - Central Office Central Files U NZ DE R Customer Service 1 800 623-7748 Division of Water Quality 919 North Main Street Mooresville, NC 28115 Phone (704) 663-1699 Fax (704)663-6040 State of North Carolina Department of Environment and Natural Resources Division of Water Quality 919 North Main Street Mooresville, North Carolina 28115 March 11, 2002 7 Oc)l *>510 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Walter C. 011is City of Kings Mountain PO 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. NC0020737 City of Kings Mountain - Pilot Creek WWTP Cleveland County Dear Mr. 011is: This is to inform you that a review of your toxicity self -monitoring report form for the month of November 2001 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 prospective permit limits for copper and/or zinc 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 and/or zinc permit limit. Notification is due by April 11, 2002. N. b) Written notification indicating your choice of option(s) 1-4 below. Notification is due by April 11, 2002. DWQ approval of options 1-3 below 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 that occurred during October 2001. 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 2 Written notification (a or b above) shall be sent to: North Carolina Division of Water Quality Environmental Sciences Branch 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. The report is due by December 11, 2002. Three copies of the final report shall be submitted to: North Carolina Division of Water Quality Environmental Sciences Branch Aquatic Toxicology Unit 1621 Mail Service Center Raleigh, North Carolina 27699-1621 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. Additional information regarding the Division's copper and/or zinc action level policy can be found at the following web site - http://wi,,,w.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. If you have any questions concerning this correspondence, please contact me at (704) 663-1699 or Mr. Matt Matthews, Supervisor of the Aquatic Toxicology Unit at (919) 733-2136. Sincerely, Rex Gleason Water Quality Regional Supervisor cc: Mooresville Regional Office Susan Wilson-NPDES Unit Tom Poe -Pretreatment Lydia Mayo-USEPA Region IV, Atlanta Federal Center, 61 Forsyth St., SW, Atlanta, GA 30303 Aquatic Toxicology Unit Files State of No rt FODepartment and Natural Division of Wa Michael F. Ea William G. Ro Gregory J. Th Walter C. 011is City of Kings PO Box 429 Kings Mountain Dear Mr. 011is: h Carolina of Environment Resources • ter Quality sley, Governor ss, Jr., Secretary NCDE,N, k4V1r;C3NNJI,""�T °:.,. orpe, Ph.D., Acting Director _ NORTH CAROLINA DEPARTMENT. OF ENVIRONMENT AND NATURAL RESOURCES December 14, 2001 JAN 1 4 2002 l . Water Resources Director Mountain NC 28086 Subject: Application No. WQCS00036 Additional Information Request Wastewater Collection System Cleveland County Additional information is still necessary regarding the Wastewater Collection System permit for the City of Kings Mountain. A letter was sent on October 9, 2001 requesting this information. In a letter faxed on October 24, 2001, you indicated that a response would be forthcoming by November 15, 2001. To date, I have not received this response. I am attaching another copy of the October 9, 2001 letter, please respond to the items listed in that letter by January 15, 2002. Please be aware that you are responsible for meeting all requirements set forth in North Carolina rules and regulations. Any oversights that occurred in the review of the subject application package are still the responsibility of the applicant. In addition, any omissions made in responding to the above items may result in future requests for additional information. Please reference the subject application number when providing any additional information. Two copies of all revised and/or additional documentation should submitted to my attention at the address below. Please note that failure to provide this additional information on or before the above requested date may result in your application being returned as incomplete. If you have any questions regarding this request, please do not hesitate to contact me at (919) 733-5083, extension 502. Thank you for your cooperation. Sincerely, ^_ Sue Homewood Non -Discharge Permitting Unit Cc: �D-on1?rice; MordS-V ll RegionalmOff ce,_Water-Quality Sect o-n Permit Application File WQCS00036 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083 FAX 919-715-6048 n Equal OpportunityAfnrmative Action Employer o recycle o post -consumer paper FState of North Carolina Department of Environment and Natural Resources • Division of Water Quality Michael F. Easley, Governor William G. Ross, Jr., Secretary NCDENR Gregory J. Thorpe, Ph.D., Acting Director NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES October 9.2001 Walter C. 011is, Water Resources Director City of'Kings Mountain PO Box 429 Kings Mountain, NC 28086 Dear Mr. 011is: Subject: Application No. WQCS00036 Additional Information Request Wastewater Collection System Cleveland County I have recently reviewed the information you submitted on July 16, 2001 in response to my letter dated May 18, 2001. Thank you for such a complete and timely response. I have drafted a collection system permit for the City of Kings Mountain. I have enclosed a draft of the permit. Please take the time to review this draft carefully. Please respond to me in writing by fax, mail or email, whether you have any concerns or questions with the draft permit by October 31, 2001. There are a few items for which I still need additional information: Please respond to the items below by November 15, 2001. Thank you for your time and effort throughout this new permitting process. You noted that your Capital Improvement Plan is in process of development, and that relevant portions could be provided to me «-hen complete. If available, please submit those portions with any comments on the draft permit by November 15, 2001. If the Capital Improvement Plan is not available by that time, please provide me with a date that it will be available. With this date I NNU be able to issue the collection system permit to the City but clarify the requirement for a Capital Improvement Plan so that you «rill not be in violation of the permit -,A-hile that plan is still under development. The Division recognizes that this document will be a plan only and that funding of the items is dependent on approval. 2. 1 5A NCAC 2H .0206(b) requires an authorized individual to sign the permit application form. In the case of a municipal, state or other public entity, a signature is required by either a principal executive officer, ranking elected official, or other duly authorized employee. Duly authorized employees must provide proof from the principal executive officer or ranking elected official that they have been authorized to sign the application. Please clarify whether the position of Water Resources Director is an elected official, or provide a letter from an elected official that authorizes you to sign wastewater permit applications, or you may submit a new signature page with an elected official signature. 3. In our May 11, 2001 meeting we discussed the possibility that there is a section of the collection system that may have an overflow pipe that you have not been able to locate yet. In my letter dated May 18, 20011 requested that you clarify the situation in writing so that we may acknowledge it in the permit. 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083 FAX 919-715-6048 n Equal Opportunity Affirmative Employer o recycle o post -consumer paper You responded to this item that you did not wish to document a possible situation in writing. I just wanted,to clarify the Division's intention in this instance. The collection system permit will require that there are NO bypass or overflow pipes anywhere in the system. By documenting that there may possibly be one that you are unable to locate at this time, I would be able to draft the permit to acknowledge the situation so that at time of discovery you will have adequate time to correct the situation. Should you wish to not establish that information in the permit, at the time of discovery of such a bypass or overflow pipe you will be immediately in violation of the collection system permit and subject to enforcement actions by the Division or EPA. Our intention in this instance was to assist the City, however it is not a requirement. If you choose to submit more information for possible drafting of a permit condition, please feel free to do so in response to this letter. 4. You recently responded that the City does not have a written SSO Response Action Plan in place. The Collection System permit will require a written SSO Response Action Plan at the time of issuance. If you feel you need additional time to develop this plan you may propose a completion date to me in response to this letter. The Division will consider a short time frame to allow you to develop this Plan if needed. 5. I've enclosed an outline of all inspections, logs and record keeping that will be required in the permit. We discussed record keeping during our meeting. Currently the City has records of work orders and has begun pump station inspection records. There will be record -keeping that will have to be added to the existing program and some existing logs and/or inspections may need to be modified to include all items to be inspected/tested as required by the permit. I apologize if this outline was omitted from my previous letter. _ Please be aware that you are responsible for meeting all requirements set forth in North Carolina rules and regulations. Any oversights that occurred in the review of the subject application package are still the responsibility of the applicant. In addition, any omissions made in responding to the above items may result in future requests for additional information. Please reference the subject application number when providing any additional information. Two copies of all revised and/or additional documentation should submitted to my attention at the address above. Please note that failure to provide this additional information on or before the above requested date may result in your application being returned as incomplete. If you have any questions regarding this request, please do not hesitate to contact me at (919) 733-5083, extension 502. Thank you for your cooperation. Si cerely, e Homewood Non -Discharge Permitting Unit Cc: Don Price, Morrisville Regional Office, Water Quality Section Permit Application File WQCS00036 FFV TNI. C.TTv nr KTATr,C MnlrTWTairm DENR/DWQ/Water Quality Section Non -Discharge Permitting Unit 1617 Mail Service Center Raleigh, N.C. 27699-1617 Attn. Sue Homewood Dear GIs=j Homewood: P.O. BOX 429 . KINGS MOUNTAIN, NORTH CAROLINA 28086 • 704-734-0333 RECEIVED vATFR AI IAuTY SECTION 01-07-02 NoI}Brscharge Permitting Re: Application No. WQCS00036 Request for additional Information In reply to the latest request for additional information, I must offer my apologies concerning both the signature page and the capital improvement plan. It was my understanding from city hall that the signature need had been taken care of, and I thought I had sent a copy of the CIP. . Both are enclosed, although the CIP will likely not be up to your expectations. This is the plan we have been working on for several years. We are presently working on a new plan for the next fifteen years. It is being put together at present by Moretz Engineering and myself, after which it will be presented to our city council at budget work sessions, probably in February. There will most likely be some minor changes as a result of these meetings. The entire proposed budget for the city will then be gathered into their chosen format, and presented for adoption in May or June. Once the new budget, with the capital improvement plan included, is adopted you will be sent a copy of the relevant portions. Thank you again for your patience and assistance in this matter. If you need further information, please contact me at 704-734-4531. Sincerely, 1 �< Walter C 011is Water Resource Director City of Kings Mountain The Historical City Applicant's Certification: Note. ISA NCAC 2H .0206(b) requires an authorized individual to sign this application form. In the case of corporations, signature is tequfred by a prfttCfpa[ executive officer oJat least the !level of vice president, or hls duly autho Wd representative. In the c I of a municipal, state, or other public entity, p sfgrtarure fs required by either a prirlcipat esecutfve oeer, ranking elected offtctal or other duly authorized entplayee. I�htl�authorized onanl�w�e�s nrrrxl nrevide proof from the DrinciDal executive officer or ron�f�ing emoted of1'ica[ that they have been I, Edgar O. Murphrey, Jr., Mayor, attest that this application for a Collection System Permit has been reviewed by me 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 and attachments are not included, this application package will be returned to me as incomplete. Note: In accordance with N.C. General Statutes 143-215.6A and 143-215.6B, any person who knowingly makes any false statement, representation, .or certification in any application shall be guilty of a Class 2 misdemeanor which may include a fine not to exceed $10,000 as well as civil penalties up to $25,000 per violation. Date. t A) 11 3 o I RECEIVED MTER OUAUTYs =CnoN ON10'�. Non•D18ftrge Permitting PROJECT DESCRIPTION AND COST ESTIMATES Seventeen projects listed in Table 5 are the anticipated capital needs for the planning period. The projects are listed in a ranking, descending in order of priority. The priority was developed at this stage based on the need for the particular project and the most benefit received through implementation. The organization of this listing can change at any time, which is anticipated as the needs of the City changes. It may be considered favorable that a number of these projects be grouped together and budgeted for design and construction into larger aggregates thus potentially reducing these costs based on economies of scale. The assembly of the projects in this manner allows the reorganization to be easily implemented so long as projects requiring the completion of another project is completed in proper order. This sequencing is typically identified in the project description. TABLE 5 PROJECT SUMMARY PROJECT PROJECT NAME PRIORITY 1 Beason Creek Pump Station 2 Pilot Creek WWTP Lining Basins 2 &Q &*f 3 Pilot Creek WWTP Mech. Bar Screen & Grit Collector 4 Floyd Street Interceptor- Crowders Creek Basin 5 Sadie Loop Interceptor-Crowders Creek Basin 6 Groves Street Interceptor 7 Boyce Street Interceptor 8 Benfield Street Interceptor 9 North N C 161 Industrial Park 10 Chesterfield Interceptor 11 Pilot Creek WWTP Expansion 12 Potts Creek Relief Sewer 13 Crowders Creek Trunk Line to NC 161 14 Patterson Road Trunk Line -Potts Creek Basin 15 Beason Creek Trunk Line 16 Abernathy Creek -Trunk Line 16A Abernathy Creek Trunk Line (Alternate Line A-1) 17 Abernathy Creek Trunk Line A-2 PROJECT COST $196,000 $952,000 $276,000 AFM 5c-1 K $360,000 $151,000 $121,000 $113,000 Coq P $125,000 $429,000 ePAf $157,000 AM P $5,315,000 COMP $1,232,000 $637,000 4A. P• $903,000 RECEIVED $1,995,000 WATFPajALITYSECT1% $679,000r�',i $1,433,000 365 000 NMDiwJarp pemittlng TOTAL 20 YEAR CAPITAL COST $14,006,000 TOTAL 20 YEAR CAPITAL COST WITH ALTYROJECT 16A $14,760,000 N, IG, /GR)17 -#aF -4// �Q/TtidAlt�s ��,'� � wok/d 3FAVF 74f -v*,at t�cc,cpoSF A.d PROJECT DESCRIPTION AND COST ESTIMATES PROJECT SUMMARY PROJECT PROJECT NAME PROJECT COST PRIORITY 5 YEAR PROGRAM I Beason Creek Pump Station $ 265,000.00 2 Clarifier 93 - Pilot Creek $ 475,000.00 3 UV (Eliminate Chlorine) $ 420,000.00 4 Cansler to Cresent Hill $ 80,000.00 5 Basin #2 $ 350,000.00 6a Spectrum Rebuilt ($400,000.00) 6b Spectrum New Line ($900,000.00) $ 900,000.00 -6 1 Gravity)($ 8 25,000. 00) AIW. main) ($400,000.00) A%A• TOTAL 5 YEAR CAPITOL COST $ 2,490,000.00 10 YEAR PROGRAM 7a Floyd Street Interceptor- Crowders Creek Basin $ 390,000.00 (Remove 2 Stations) 7b Sadie Loop Interceptor- Crowders Creek Basin $ 165,000.00 (Remove I Station) 8 Benfield Street Interceptor $ 150,000.00 TOTAL 10 YEAR CAPITOL COST $ 705,000.00 20 YEAR PROGRAM 9a Pilot Creek WWTP Expansion (By Demand) $ 6,110,000.00 9b Potts Creek Relief Sewer (By Demand) $ 1,500,000.00 10 Patterson Road Trunk Line -Potts Creek Basin $ 1,100,000.00 ( Not Needed if 613 Installed) I 1 a Abernathy Creek Trunk Line $ 815,000.00 1 lb Abernathy Creek Trunk Line (Alternate Line A-1) (1 la Req.) $ 1,650,000.00 12 Abernathy Creek Trunk Line A-2 $ • 450,000.00 TOTAL 20 YEAR CAPITAL COST $ 9,975,000.00 .TOTAL 20 YEAR CAPITAL COST WITH ALT PROJECT 1 lb $ 11,625,000.00 RECEIVED VaTFR a wiTY SECTION JXI 1 J Non -Discharge Petrnit6ng e of North Carolina artment of Environment Natural Resources ion of Water Quality Michael F. Easley, Governor William G. Ross, Jr., Secretary Kerr T. Stevens, Director EDGAR O. MURPHREY, JR., MAYOR CITY OF KINGS MOUNTAIN 101 W. GOLD STREET KINGS MOUNTAIN, NC 28036 Dear Mr. Murphrey: T4 V NCDENR i jtl� ENVIRONMENT AN D riNRTFU'] 3ES03R�G6 Ie�I iSP`17i.,_E T c_GI(),I.A 01F40E March 27, 2001 n? r t.'' MAR 25 2001 i4 Subject: Permit No. WQ00 A.0 City of Kings Mountain z "' Crocker Ridge Phase #3 Wastewater Collection System Extension `Cleuel_andµCounty In accordance with your application received January 22, 2001, and additional information received February 21, 2001, we are forwarding herewith Permit No. WQ0019600, dated March 27, 2001, to the City of Kings Mountain for the construction and operation of the subject wastewater collection system extension. This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein. This cover letter shall be considered a part of this permit and is therefore incorporated therein by reference. Please pay particular attention to Permit Condition 3 which requires that the wastewater collection facilities be properly operated and maintained in accordance with 15A NCAC 2H .0227 or any individual system -wide collection system permit issued to the Permtttee. Permitting of this project does not constitute an acceptance of any. part of the project that does not meet 15A NCAC 2H .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; and the Division's Minimum Design Criteria for the Fast -Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable, unless specifically mentioned herein. Division approval is based on acceptance of the certification provided by a North Carolina -licensed Professional Engineer in the application. It shall be the Permittee's responsibility to ensure that the as - constructed project meets the appropriate design criteria and rules. Failure to comply may result in penalties in accordance with North Carolina General Statute § 143-215.6A through § 143-215.6C, construction of additional or replacement wastewater collection facilities, and/or referral of the North Carolina -licensed Professional Engineer to the licensing board. In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations, permission is hereby granted to City of Kings Mountain for the construction and operation of approximately 4,428 linear feet of 8-inch gravity sewer, 414 linear feet of 12-inch gravity sewer, and 572 linear feet of 15-inch gravity sewer to serve 106 three -bedroom residential lots as part of the Crocker Ridge Phase #3 project, and the discharge of 38,160 gallons per day of collected domestic wastewater into the City of Kings. Mountain's existing sewerage system, pursuant to the. application received January 22, 2001, and in conformity with 15A NCAC 2H .0200; the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast -Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone (919) 733-5083 FAX (919) 715-6048 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper other supporting data subsequently filed and approved by the Department of Environment and Natural Re and considered a part of this permit. The sewage and wastewater collected by this system shall be treated in the City of Kings M Wastewater Treatment Facility (NPDES Permit No. NC0020737) prior to being discharged into the receiving stream. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within 30 days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of North Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699- 6714. Unless such demands are made, this permit shall be final and binding. If you need additional information concerning this matter, please contact Kristin E. Miguez at (919) 733-5083 extension 524. Sincerely, Kerr T. Stevens cc: Cleveland County Health Department Mooresville Regional Office, Water Quality Section (WWTF Permit No. NC0020737) Wright & Associates NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES RALEIGH WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT This permit shall be effective from the date of issuance until rescinded and shall be subject to the following specified conditions and limitations: This permit shall become voidable unless the wastewater collection facilities are constructed in accordance with the conditions of this permit; 15A NCAC 211.0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast -Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials unless specifically mentioned herein. 2. This permit shall be effective only with respect to the nature and volume of wastes described in the application and other supporting data. 3. The wastewater collection facilities shall be properly maintained and operated at all times. The Permittee shall maintain compliance with an individual system -wide collection system permit for the operation and maintenance of these facilities as required by 15A NCAC 2H .0227. If an individual permit is not required, the following performance criteria shall be met as provided in 15A NCAC 2H .0227: a. The sewer system shall be effectively maintained and operated at all times to prevent discharge to land or surface waters, and any contravention of the groundwater standards in 15A NCAC 2L .0200 or the surface water standards in 15A NCAC 2B .0200. b. A map of the sewer system shall be developed prior to January 1, 2004 and shall be actively maintained. C. An operation and maintenance plan shall be developed and implemented. d. Pump stations that are not connected to a telemetry system shall be inspected at least three times per week until July 1, 2000; thereafter, pump stations shall be inspected at least daily, as defined in 15A NCAC 2B .0503(5), until July 1, 2001; and thereafter, pump stations shall be inspected every day. Pump stations that are connected to a telemetry system shall be inspected at least once per week. . e. High -priority sewer lines shall be inspected at least once per every six-month period of time. f. A general observation of the entire sewer system shall be conducted at least once per year. g. Inspection and maintenance records shall be maintained for a period of at least three years. h. Overflows and bypasses shall be reported to the appropriate Division regional office in accordance with 15A NCAC 2B .0506(a), and public notice shall be provided as required by North Carolina General Statute §143-215.1C. Q This permit shall not be transferable. In the event there is a desire for the wastewater collection 1 to change ownership, or there is a name change of the Permittee, a formal permit request shall be st to the Division accompanied by documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request shall be considered on its merits and may or may not be approved. Construction of the gravity sewers shall be scheduled so as not to interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater to the surface waters of the State. Upon completion of construction and prior to operation of these permitted facilities, a certification, a copy of the construction record drawings, as well as supporting design calculations for any pump stations permitted as part of this project shall be received from a North Carolina -licensed Professional Engineer certifying that the facilities have been installed in accordance with this permit; 15A NCAC 2H .0200; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast -Track Permitting of Pump Station and Force Main adopted June 1, 2000 as applicable; and other supporting materials. If this project is to be completed in phases and partially certified, you shall retain the responsibility to track further construction approved under the same permit, and shall provide a final certificate of completion once the entire project has been completed. A copy of the construction record drawings, indicating the facilities constructed in the phase being certified, shall be submitted with each partial certification. Mail the Engineer's Certification, one copy of the "Construction Record Drawings", and one copy of the supporting design calculations to the Non -Discharge Permitting Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617. 7. A copy of the construction record drawings shall be maintained on file by the Permittee for the life of the wastewater collection facilities. 8. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2H .0200; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast -Track Permitting of Pump Station and Force Mains adopted June 1, 2000 as applicable; and other supporting materials may subject the Permittee to an enforcement action by the Division, in accordance with North Carolina General Statutes § 143-215.6A through § 143-215.6C. 9. In the event that the wastewater collection facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement facilities. 10. The issuance of this permit shall not exempt the Permittee from complying with any and all statutes, rules, regulations, or ordinances that may be imposed by other government agencies (local, state and federal) which have jurisdiction, including but not limited to applicable river buffer rules in 15A NCAC 2B .0200, erosion and sedimentation control requirements in 15A NCAC Ch. 4 and under the Division's General Permit NCGO100000, and any requirements pertaining to wetlands under 15A NCAC 2B .0200 and 15A NCAC 2H .0500. 11. Noncompliance Notification: The Permittee shall report by telephone to the Mooresville Regional Office, telephone number (704) 663- 1699, as soon as possible, but in no case more than 24 hours or on the next working day, following the occurrence or first knowledge of the occurrence of either of the following: a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable of adequate wastewater transport, such as mechanical or electrical failures of pumps, line blockage or breakage, etc.; or b. Any failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. 2 'ersons reporting such occurrences by telephone shall also file a written report in letter form within five ays following first knowledge of the occurrence. This report must outline the actions taken or proposed to ue taken to ensure that the problem does not recur. Permit issued this the twenty-seventh day of March, 2001 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION Kerr T. Stevens, Direc r Division of Water Quality By Authority of the Environmental Management Commission Permit Number WQ0019600 3 Permit No. WQ0019600 March 27, 2001 ENGINEER'S CERTIFICATION Partial Final I, , as a duly registered Professional Engineer in the State of North Carolina having been authorized to observe (periodically, weekly, full. time) the construction of the project, for the Project Name Location and County Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance of this permit; 15A NCAC 2H .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast -Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials. North Carolina Professional Engineer's seal, signature, and date: The above Engineer's Certification shall be completed and submitted to the address below with one copy of the "_Construction Record Drawings" of the wastewater collection system extension as well as supporting design calculations for any pump stations permitted as part of this project. This project shall not be considered complete nor allowed to operate until this Engineer's Certification and all required supporting documentation have been received by the Division. Any wastewater flow made tributary to the wastewater collection system extension prior to completion of this Engineer's Certification shall be considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions. NORTH CAROLINA DIVISION OF WATER QUALITY WATER QUALITY SECTION NON -DISCHARGE PERMITTING UNIT 1617 MAIL SERVICE CENTER RALEIGH, NORTH CAROLINA 27699-1617 El Ppr State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director RICK MURPHREY, MAYOR CITY OF KINGS MOUNTAIN POST OFFICE BOX 429 KINGS MOUNTAIN, NC 28086 Dear Mayor Murphrey: 1 • • NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES December 18, 2000 qut�,, gfvlslo:r or Subject: Permit No. WQO©1�9 9 City of Kings Mountairi9-k���1�]:4��� Indian Creek Subdivision Wastewater Collection System Extension Cleveland County In accordance with your application received October 25, 2000, we are forwarding herewith Permit No. WQ0019239, dated December 18, 2000, to the City of Kings Mountain for the construction and operation of the subject wastewater collection system extension. This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein. This cover letter shall be considered a part of this permit and is therefore incorporated therein by reference. Please pay particular attention to Permit Condition 3 which requires that the wastewater collection facilities be properly operated and maintained in accordance with 15A NCAC 2H .0227 or any individual system -wide collection system permit issued to the Permittee. Permitting of this project does not constitute an acceptance of any part of the project that does not meet 15A NCAC 2H .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; and the Division's Minimum Design Criteria for the Fast -Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable, unless specifically mentioned herein. Division approval is based on acceptance of the certification provided by a North Carolina -licensed Professional Engineer in the application. It shall be the Permittee's responsibility to ensure that the as - constructed project meets the appropriate design criteria and rules. Failure to comply may result in penalties in accordance with North Carolina General Statute § 143-215.6A through § 143-215.6C, construction of additional or replacement wastewater collection facilities, and/or referral of the North Carolina -licensed Professional Engineer to the licensing board. In accordance with the provisions of Article 21.of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations, permission is hereby granted to City of Kings Mountain for the construction and operation of approximately 454 linear feet of 8-inch gravity sewer to serve 25 three -bedroom lots as part of the Indian Creek Subdivision project, and the discharge of 9,000 gallons per day of collected domestic wastewater into the City of Kings Mountain's existing sewerage system, pursuant to the application received October 25, 2000, and in conformity with 15A NCAC 211 .0200; the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast -Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting data subsequently filed and approved by the Department of Environment and Natural Resources and considered a part of this permit. 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone (919) 733-5083 FAX (919) 715-6048 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper '44Nq The sewage and wastewater collected by this system shall be treated in the City of Kings Mountain Wastewater Treatment Facility (NPDES Permit No. NC0020737) prior to being discharged into the receiving stream. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within 30 days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of North Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699- 6714. Unless such demands are made, this permit shall be final and binding. If you need additional information concerning this matter, please contact Kristin E. Miguez at (919) 733-5083 extension 524. Sincerely, �err T. Stevens cc: Cleveland County Health Department M©oresvi�l�le RegionaIjOffce Water-Quality-Section�k WWTF Permit No. NC0020737) Odom & Associates Engineering, Inc. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES RALEIGH WASTEWATER. COLLECTION SYSTEM EXTENSION PERMIT This permit shall be effective from the date of issuance until rescinded and shall be subject to the following specified conditions and limitations: 1. This permit shall become voidable unless the wastewater collection facilities are constructed in accordance with the conditions of this permit; 15A NCAC 2H .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast -Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials unless specifically mentioned herein. 2. This permit shall be effective only with respect to the nature and. volume of wastes described in the application and other supporting data. 3. The wastewater collection facilities shall be properly maintained and operated at all times. The Permittee shall maintain compliance with an individual system -wide collection system permit for the operation and maintenance of these facilities as required by 15A NCAC 2H .0227. If an individual permit is not required, the following performancecriteria shall be met as provided in 15A NCAC 2H .0227: a. The sewer system shall be effectively maintained and operated at all times to prevent discharge to land or surface waters, and any contravention of the groundwater standards in 15A NCAC 21, .0200 or the surface water standards in 15A NCAC 2B .0200. b. A map of the sewer system shall be developed prior to January 1, 2004 and shall be actively maintained. C. An operation and maintenance plan shall be developed and implemented. d. Pump stations that are not connected to a telemetry system shall be inspected at least three times per week until July 1, 2000; thereafter, pump stations shall be inspected at least daily, as defined in 15A NCAC 2B .0503(5), until July 1, 2001; and thereafter, pump stations shall be inspected every day. Pump stations that are connected to a telemetry system shall be inspected at least once per week. e. High -priority sewer lines shall be inspected at least once per every six-month period of time. f. A general observation of the entire sewer system shall be conducted at least once per year. g. Inspection and maintenance records shall be maintained for a period of at least three years. h. Overflows and bypasses shall be reported to the appropriate Division regional office in accordance with 15A NCAC 2B .0506(a), and public notice shall be provided as required by North Carolina General Statute § 143-215.1 C. 1 4. This permit shall not be transferable. In the event there is a desire for the wastewater collection facilities to change ownership, or there is a name change of the Permittee, a formal permit request shall be submitted to the Division accompanied by documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request shall be considered on its merits and may or may not be approved. Construction of the gravity sewers shall be scheduled so as not to interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater to the surface waters of the State. 6. Upon completion of construction and prior to operation of these permitted facilities, a certification, a copy of the construction record drawings,- as well as supporting design calculations for any pump stations permitted as part of this project shall be received from a North Carolina -licensed Professional Engineer certifying that the facilities have been installed in accordance with this permit; 15A NCAC 2H .0200; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast -Track Permitting of Pump Station and Force Main adopted June 1, 2000 as applicable; and other supporting materials. If this project is to be completed in phases and partially certified, you shall retain the responsibility to track further construction approved under the same permit, and shall provide a final certificate of completion once the entire project has been completed. A copy of the construction record drawings, indicating the facilities constructed in the phase being certified, shall be submitted with each partial certification. Mail the Engineer's Certification, one copy of the "Construction Record Drawings", and one copy of the supporting design calculations to the Non -Discharge Permitting Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617. 7. A copy of the construction record drawings shall be maintained on file by the Permittee for the life of the wastewater collection facilities. 8. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2H .0200; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast -Track Permitting of Pump Station and Force Mains adopted June 1, 2000 as applicable; and other supporting materials may subject the Permittee to an enforcement action by the Division, in accordance with North Carolina General Statutes § 143-215.6A through § 143-215.6C. In the event that the wastewater collection facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement facilities. 10. The issuance of this permit shall not exempt the Permittee from complying with any and all statutes, rules, regulations, or ordinances that may be imposed by other government agencies (local, state and federal) which have jurisdiction, including but not limited to applicable river buffer rules in 15A NCAC 2B .0200, erosion and sedimentation control requirements in 15A NCAC Ch. 4 and under the Division's General Permit NCGO100000, and any requirements pertaining to wetlands under 15A NCAC 2B .0200 and 15A NCAC 2H .0500. 11. Noncompliance Notification: The Permittee shall report by telephone to the Mooresville Regional Office, telephone number (704) 663- 1699, as soon as possible, but in no case more than 24 hours or on the next working day, following the occurrence or first knowledge of the occurrence of either of the following: a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable of adequate wastewater transport, such as mechanical or electrical failures of pumps, line blockage or breakage, etc.; or b. Any failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. 2 Persons reporting such occurrences by telephone shall also file a written report in letter form within five days following first knowledge of the occurrence: This report must outline the actions taken or proposed to be taken to ensure that the problem does not recur. Permit issued this the eighteenth day of December, 2000 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION toerr T. Stevens, Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number WQ0019239 3 Permit No. WQ0019239 December 18, 2000 ENGINEER'S CERTIFICATION Partial Final as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project, for the Project Name Location and County Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance of this permit; 15A NCAC 2H .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast -Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials. North Carolina Professional Engineer's seal, signature, and date: The above Engineer's Certification shall be completed and submitted to the address below with one copy of the Construction Record Drawings of the wastewater collection system extension as well as supporting design calculations for any pump stations permitted as part of this project. This project shall not be considered complete nor allowed to operate until this Engineer's Certification and all required supporting documentation have been received by the Division. Any wastewater flow made tributary to the wastewater collection system extension prior to completion of this Engineer's Certification shall be considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions. NORTH CAROLINA DIVISION OF WATER QUALITY WATER QUALITY SECTION NON -DISCHARGE PERMITTING UNIT 1617 MAIL SERVICE CENTER RALEIGH, NORTH CAROLINA 27699-1617 0 PState of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director December 18, 2000 EDGAR O. MURPHREY, JR., MAYOR CITY OF KINGS MOUNTAIN POST OFFICE BOX 429 KINGS MOUNTAIN, NC 28086 1 � • NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES r,"J'u, JuIL" -A'. Up L> kYA`7"tlURAL RESOURCES AN 5 poof Qvww� of �,)19awmukk =ADOE T Subject: Permit No. WQ0019213 City of Kings Mountain Ironwood Place Wastewater Collection System Eziension Cleveland County Dear Mayor Murphrey: In accordance with your application received October 23, 2000, we are forwarding herewith Permit No. WQ0019213, dated December 18, 2000, to the City of Kings Mountain for the construction and operation of the subject wastewater collection system extension. This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein. This cover letter shall be considered a part of this permit and is therefore incorporated therein by reference. Please pay particular attention to Permit Condition 3 which requires that the wastewater collection facilities be properly operated and maintained in accordance with 15A NCAC 2H .0227 or any individual system -wide collection system permit issued to the Permittee. Permitting of this project does not constitute an acceptance of any part of the project that does not meet 15A NCAC 2H .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; and the Division's Minimum Design Criteria for the Fast -Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable, unless specifically mentioned herein. Division approval is "based on acceptance of the certification provided by a North Carolina -licensed Professional Engineer in the application. It shall be the Permittee's responsibility to ensure that the as - constructed project meets the appropriate design criteria and rules. Failure to comply may result in penalties in accordance with North Carolina General Statute § 143-215.6A through § 143-215.6C, construction of additional or replacement wastewater collection facilities, and/or referral of the North Carolina -licensed Professional Engineer to the licensing board. In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations, permission is hereby granted to City of Kings Mountain for the construction and operation of approximately 740 linear feet of 8-inch gravity to serve eight three -bedroom dwellings as part of the Ironwood Place project, and the discharge of 2,880 gallons per day of collected domestic wastewater into the City of Kings Mountain's existing sewerage system, pursuant to the application received October 23, 2000, and in conformity with 15A NCAC 2H .0200; the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast -Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting data subsequently filed and approved by the Department of Environment and Natural Resources and considered a part of this permit. 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone (919) 733-5083 FAX (919) 715-6048 . An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper The sewage and wastewater collected by this system shall be treated in the City of Kings Mountain Wastewater Treatment Facility (NPDES Permit No. NC0020737) prior to being discharged into the receiving stream. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within 30 days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of North Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699- 6714. Unless such demands are made, this permit shall be -final and binding. If you need additional information concerning this matter, please contact Kristin E. Miguez at (919) 733-5083 extension 524. Sincerely, �rKerr T. Stevens cc: Cleveland County Health Department . oiile"il gic�nal Ofi`Wa.r+ trlyrt" y:ectlon-(WWTF Permit No. NC0020737) Moretz Engineering NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES RALEIGH WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT This permit shall be effective from the date of issuance until rescinded and shall be subject to the following specified conditions and limitations: This permit shall become voidable unless the wastewater collection facilities are constructed in accordance with the conditions of this permit; 15A NCAC 2H .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast -Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials unless specifically mentioned herein. 2. This permit shall be effective only with respect to the nature and volume of wastes described in the application and other supporting data. 3. The wastewater collection facilities shall be properly maintained and operated at all times. The Permittee shall maintain compliance with an individual system -wide collection system permit for the operation and maintenance of these facilities as required by 15A NCAC 2H .0227. If an individual permit is not required, the following performance criteria shall be met as provided in 15A NCAC 2H .0227: a. The sewer system shall be effectively maintained and operated at all times to prevent discharge to land or surface waters, and any contravention of the groundwater standards in 15A NCAC 2L .0200 or the surface water standards in 15A NCAC 2B .0200. b. A map of the sewer system shall be developed prior to January 1, 2004 and shall be actively maintained. C. An operation and maintenance plan shall be developed and implemented. d. Pump stations that are not connected to a telemetry system shall be inspected at least three times per week until July 1, 2000; thereafter, pump stations shall be inspected at least daily, as defined in 15A NCAC 2B .0503(5), until July 1; 2001; and thereafter, pump stations shall be inspected every day. Pump stations that are connected to a telemetry system shall be inspected at least once per week. C. High -priority sewer lines shall be inspected at least once per every six-month period of time. f. A general observation of the entire sewer system shall be conducted at least once per year. g. Inspection and maintenance records shall be maintained for a period of at least three years. h. Overflows and bypasses shall be reported to the appropriate Division regional office in accordance with 15A NCAC 2B .0506(a), and public notice shall be provided as required by North Carolina General Statute §143-215.1C. 1 4. This permit shall not be transferable. In the event there is a desire for the wastewater collection facilities to change ownership, or there is a name change of the Permittee, a formal permit request shall be submitted to the Division accompanied by documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this iequest shall be considered on its merits and may or may not be approved. 5. Construction of the gravity sewers shall be scheduled so as not to interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater to the surface waters of the State. - - 6. Upon completion of construction and prior to operation of these permitted facilities, a certification, a copy of the construction record drawings, as well as supporting design calculations for any pump stations permitted as part of this project shall be received from a North Carolina -licensed Professional Engineer certifying that the facilities have been installed in accordance with this permit; 15A NCAC 2H .0200; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast -Track Permitting of Pump Station and Force Main adopted June 1, 2000 as applicable; and other supporting materials. If this project is to be completed in phases and partially certified, you shall retain the responsibility to track further construction approved under the same permit, and shall provide a final certificate of completion once the entire project has been completed. A copy of the construction record drawings, indicating the facilities constructed in the phase being certified, shall be submitted with each partial certification. Mail the Engineer's Certification, one copy of the "Construction Record Drawings", and one copy of the supporting design calculations to the Non -Discharge Permitting Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617. 7. A copy of the construction record drawings shall be maintained on file by the Permittee for the life of the Wastewater collection facilities. 8. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2H .0200; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast -Track Permitting of Pump Station and Force Mains adopted June 1, 2000 as applicable; and other supporting materials may subject the Permittee to an enforcement action by the Division, in accordance with North Carolina General Statutes § 143-215.6A through § 143-215.6C. 9. In the event that the wastewater collection facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement facilities. 10. The issuance of this permit shall not exempt the Permittee from complying with any and all statutes, rules, regulations, or ordinances that may be imposed by other government agencies (local, state and federal) which have jurisdiction, including but not limited to applicable river buffer rules in 15A NCAC 2B .0200, erosion and sedimentation control requirements in 15A NCAC Ch. 4 and under the Division's General Permit NCGO100000, and any requirements pertaining to wetlands under 15A NCAC 2B .0200 and 15A NCAC 2H .0500. 11. Noncompliance Notification: The Permittee shall report by telephone to the Mooresville Regional Office, telephone number (704) 663- 1699, as soon as possible, but in no case more than 24 hours or on the next working day, following the occurrence or first knowledge of the occurrence of either of the following: a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable of adequate wastewater transport, such as mechanical or electrical failures of pumps, line blockage or breakage, etc.; or b. Any failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. 2 Persons reporting such occurrences by telephone shall also file a written report in letter form within five days following first knowledge of the occurrence. This report must outline the actions taken or proposed to be taken to ensure that the problem does not recur. Permit issued this the eighteenth day of December, 2000 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION rO p Ierr T. Stevens, Director' Division of Water Quality By Authority of the Environmental Management Commission Permit Number WQ0019213 3 Permit No. WQ0019213 December 18, 2000 ENGINEER'S CERTIFICATION Partial Final as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project, for the Project Name Location and County Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance of this permit; 15A NCAC 2H .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast -Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials. North Carolina Professional Engineer's seal, signature, and date: The above Engineer's Certification shall be completed and submitted to the address below with one copy of the Construction Record Drawings of the wastewater collection system extension as well as supporting design calculations for any pump stations permitted as part of this project. This project shall not be considered complete nor allowed to operate until this Engineer's Certification and all required supporting documentation have been received by the Division. Any wastewater flow made tributary to the wastewater collection system extension prior to completion of this Engineer's Certification shall be considered a violation of the permit and shall subject_ the Permittee to appropriate enforcement actions. NORTH CAROLINA DIVISION OF WATER QUALITY WATER QUALITY SECTION NON -DISCHARGE PERMITTING UNIT 1617 MAIL SERVICE CENTER RALEIGH, NORTH CAROLINA 27699-1617 0 PP State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary Kerr T. Stevens, Director Mr. Andy Shah JRA II Enterprises Post Office Box 996 Kings Mountain, North Carolina 28086 Dear Mr. Shah: April 12, 1999 11� TWA / • a 12i NCDENR 0— NORTH CAROLINA DEPARTMENT OF ENVIRONMIBN_.T-sA' wf'4�bVURAL RESOURCES APR 14 1999 �U'�•4��-i:i {�tTtitiSt � rr� �' Subject: Application No. WQ0016363 Additional Information Request Holiday Inn Express of Kings Mountain Sewer -Private Cleveland County The Non -Discharge Permitting Unit has completed a preliminary engineering review of the subject application. Additional information is required before we can continue our review. Please address the following items no later than May 12, 1999: General: 1) Please submit an additional copy of the fully -revised project specifications. Note that two copies of all plans, specifications, calculations packets, and other supporting documentation must be submitted to make a sewer application complete. Failure to submit the proper number of required items in future application packages will result in the package being returned to you. 2) The calculations packet submitted with this application package was not signed/sealed by a North Carolina -licensed professional engineer, as required by the instructions on the application form (see Item c. on Page 6 of 8). 3) Since JRA II Enterprises is not a public utility as designated by the North Carolina Utilities Commission, the applicant must enter into an operational agreement with the Division of Water Quality (hereinafter Division). Therefore, as required by Regulation 15A NCAC 2H .0221, please submit two properly -executed copies of the enclosed operational agreement form. P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-0719 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper Pr Wastewater Flows: 1) The permit number for the sewers immediately downstream of the proposed project, as listed in Item IV. c. (Page 2 of 8) of the submitted application form, is NC0020737. Note that this is the NPDES Permit Number for the City of Kings Mountain's Pilot Creek Wastewater Treatment Plant. Please verify this information, and provide an updated Page 2 of 8 of the application form with the correct permit number. 2) Because of the confusion described above, please confirm the name, owner, and permit number for the treatment facility that is to receive the wastewater to be generated by this proposed project. 3) Please provide information detailing the agreement between the City of Kings Mountain and the City of Gastonia. Specifically, the Division is interested in with which wastewater treatment facility this agreement is, how much wastewater flow the City of Gastonia has agreed to take from the City of Kings Mountain, and how much of this allocation has the City of Kings Mountain guaranteed to other users. 4) Item V. 13. of the submitted application form indicates that there are planned and/or existing pumping stations downstream of the proposed project. Note the application form requests that the engineer provide an evaluation of the ability of the affected pumping station to handle the additional wastewater flows to be generated by the proposed project. This evaluation was not provided in the submitted application package. Pumping Station Design: 1) It is the Division's understanding that relief is being requested with respect to the pumping station power reliability requirements, as allowed for by Regulation 15A NCAC 2H .0219 (h) (3) (D). Please provide a letter from the power supplier verifying that the "cemetary breaker" is the feeder circuit from which the proposed facility will receive its electrical service. In addition, confirm that each one of the power outages recorded for this breaker during the past three years was, in fact, less than one minute. Finally, in light of the recent enforcement guidelines affecting collection system and sanitary sewer overflows, please revisit the design approach to this issue. 2) Per Regulation 15A NCAC 2H .0219 (h) (5), visual and audible alarms are required for all pumping station installations. A visual alarm is specified in Section 11.04 (Page 11-6) of the project specifications; however, no reference to an audible alarm could be found in the submitted material. Please submit revised specifications accordingly. 3) The Division suggests placing the high water alarm float at or below the lag pump on float elevation in the pumping station wet well. This setting will indicate a failure of the lead pump while the lag pump is still available. Please consider - amending the proposed pumping station design to provide this additional guarantee against failure. PV Pumping Station Design (continued): 4) Regulation 15A NCAC 2H .0219 (h) (2) states that pump on/off elevations are to be set such that between two and eight pumping cycles occur per hour. The Division's calculations determined that only one cycle per hour is expected with the current float level settings. Please adjust these elevations to comply with this regulation, and revise Sheet C-8 of the drawings accordingly. 5) From the details provided on Sheet C-8, it was difficult to determine what diameter wet well is proposed for the pumping station. Please clarify the size of this item, and amend the drawings accordingly. 6) Note that Section 11.02 (Page 11-1) of the specifications indicates that non -clog pumps are required for the proposed pumping station. It was the Division's understanding that this installation was to have grinder pumps. Please review the proposed design, and adjust the design documents accordingly. 7) Please submit the following items: ♦ Dimensions for the selected pump, including manufacturer's recommended minimum wet well size, minimum "pump off' level setting, and minimum access hatch size. ♦ Flotation calculations for the proposed pumping station. 4) No detail regarding the wet well and valve vault access hatches is given Section 11.03 (Page 11-3) of the specifications. Please clarify whether or not these will be lockable, and confirm that the specified size is sufficient to accommodate removal of both the grinder pumps and the trash basket. 5) The proposed pumping station design details on Sheet C-8 of the drawings do not show check valves in addition to gate valves on the discharge side of the grinder pumps. Note that proper engineering design requires the installation of these in the valve vault to protect against backsiphonage. Please adjust the design drawings accordingly. 6) Please explain the purpose of the two-inch diameter polyvinyl chloride (PVC) pipe with capped ends shown passing through the wall of the proposed pumping station valve vault on Sheet C-8 of the drawings. 7) The Division is confused as to why a floor drain allowing water to exit the valve vault into the soil is required, when a piped drain is shown connected to the wet well. Please revise Sheet C-8 of the drawings accordingly. 8) Detail #2 on Sheet C-8 of the drawings indicates that the proposed pumping station control panel is to be stainless steel. The corresponding specifications provided in Section 11.03 (Pagel 1-5) state that the control panel is to be NEMA 3R. Please correct this apparent discrepancy, and revise the design documents accordingly. PV Pumping Station Design (continued): 9) Regulation 15A NCAC 2H .0219 (h) (6) requires that pumping stations shall be flood protected. Please provide the 100-year flood elevation for the project area, so that compliance with this regulation may be confirmed. If the entire project area is outside the 100-year flood zone, a letter signed and sealed by a North Carolina - licensed professional engineer or surveyor stating thus would be acceptable. Force Main Design: 1) The drawings submitted for the Division's review are not complete. For example, neither profile of the sewer, nor the entire plan of the sewer was included in the submitted drawings. Note that general notes such as "CONTINUE 2" FORCE MAIN ALONG R.O.W. TO EX. MANHOLE" are not considered to be acceptable by the Division. Please refer .to the requirements detailed in Regulation 15A NCAC 2H .0205 (d) for additional guidelines as to how to revise. the drawings for resubmittal. Please reference the subject permit application number when providing the requested information. All information, including revised drawings and pages of the specifications, should be signed, sealed, and submitted in duplicate to my attention at the address above. Please note that failure to provide this additional information on or before the above requested date can result in your application being returned as incomplete. If you have any questions regarding this request, please call me at (919) 733-5083, extension 353. Thank you in advance for your cooperation and timely response. Sincerely, IYU4 Shannon Mohr Thornburg Environmental Engineer Non -Discharge Permitting Unit cc: Mooresville Regional Office, Water_Quality Section,? Permit File WQ0016363 Isom Associates, P.A. VF NORTH CAROLINA COUNTY OF Permit No. This AGREEMENT made pursuant to G.S. 143-215.1 (dl) and entered into this day of , 19 by and between the North Carolina Environmental Management Commission, an agency of the State of North Carolina, hereinafter known as the COMMISSION; and a corporation/general partnership registered/licensed to do business in the State of North Carolina, hereinafter known as the DEVELOPER WITNESSETH: 1. The DEVELOPER is the owner of the certain lands lying in County, upon which it is erecting and will erect dwelling units and other improvements, said development to be known as (hereinafter the Development). 2. The DEVELOPER desires, to construct a wastewater collection system with pumps, wastewater treatment works and/or disposal facilities (hereinafter Disposal System) to provide sanitary sewage disposal to serve the Development on said lands. 3. The DEVELOPER has applied to the COMMISSION for the issuance of a permit pursuant to G.S. 143- 215.1 to construct, maintain, and operate the Disposal System. 4. The DEVELOPER has created or shall create unit ownership in said dwellings units, other improvements and lands through filing of a Declaration of Unit Ownership (hereinafter Declaration), pursuant to Chapter 47C of the North Carolina General Statutes. 5. The DEVELOPER has caused to be formed or will cause to be formed at the time of filing of the Declaration, the (Unit 0,wnerc As,,ociation) , (hereinafter Association) a non-profit corporation organized and existing under and by the virtue of the laws of the State of North Carolina, for the purpose, among others, of handling the property, affairs and business of the Development; of operating, maintaining, re -constructing and repairing the common elements of the lands and improvements subject to unit ownership, including the Disposal System; and of collecting dues and' assessments to provide funds for such operation, maintenance, re -construction and repair. 6. The COMMSSION desires to assure that the Disposal System of the Development is properly constructed, maintained and operated in accordance with law and permit provisions in order to protect the quality of the waters of the State and the public interest therein. NOW, THEREFORE, in consideration of the promises and the benefits to be derived by each of the parties hereto, the COMMISSION and DEVELOPER do hereby mutually agree as follows: L The DEVELOPER shall construct the Disposal System in accordance with the permit and plans and specifications hereafter issued and approved by the COMMISSION; and shall thereafter properly operate_ and maintain such systems and facilities in accordance with applicable permit provisions and law. 2. The DEVELOPER shall not transfer ownership and/or control of the Disposal System to the Association until construction has been completed in accordance with the permit and approved plans, and the staff of the Division of Environmental Management has inspected and approved of the facilities. In order to change the name of the permit holder, the DEVELOPER must request that the permit be reissued to the Association. The request must include a copy of the Association Bylaws and Declaration. 3. The DEVELOPER shall not transfer, convey, assign or otherwise relinquish or release its responsibility for the operation and maintenance of its Disposal System until a permit has been reissued to the DEVELOPER's successor. 4. The DEVELOPER shall provide in the Declaration and Association Bylaws that the Disposal system appurtenances thereto are part of the common elements and shall thereafter be properly maintau�4d and operated in conformity vv�th law and the provisions of the permit for construction, operation, repair, and mamtenana of the system and facilities. The Declaration and Bylaws shall identify the entire wastewater . • treatment, collection and disposal system as a common element which will receive the highest priority for expenditures by the Association except for Federal, State and local taxes, and insurance. 5. The DEVELOPER shall provide in the Declaration and Association Bylaws that the Disposal System will be maintained out of the common expenses. In order to assure that there shall be funds readily available to repair, maintain or construct the Disposal System, beyond the routine operation and maintenance expenses, the Declaration and Association Bylaws shall provide that a fund be created out of the common expenses. Such fund shall be separate from the routine maintenance allocated for the facility and shall be part of the yearly budget 6. In the event the common expense allocation and separate fund are mot adequate for the construction, repair, and maintenance of the Disposal System, the Declaration and Association Bylaws shall provide for special assessments to cover such necessary costs. There shall be no limit on the amount of such assessments, and the Declaration and Bylaws shall provide that such special assessments can be made as necessary at any time. 7. If a wastewater collection system and wastewater treatment and/or disposal facility provided by any city, toAm, village, county, water and sewer authorities, or other unit of government shall hereinafter become available to serve the Development, the DEVELOPER shall take such action as is necessary to cause the existing and future wastewater of the Development to be accepted -and discharged into said governmental system; and shall convey or transfer as much of the Disposal System, and such necessary easements as the governmental unit may require as condition of accepting the Development's wastewater. 8. Recognizing that it would be contrary to the public interest and to the public health, safety and welfare for the Association to enter into voluntary dissolution without having made adequate provision for the continued proper maintenance, repair and operation of its Disposal System, the DEVELOPER shall provide in the .Association Bylaws that the Association shall not enter into voluntary dissolution without first having transferred its said system and facilities to some person, corporation or other entity acceptable to and approved by the COMMIISSION by the issuance of a permit 9. The agreements set forth in numbered paragraphs 1, 2, 3, 4, 5, 6, 7, and 8 above shall be conditions of any permit issued by the COMIWI SSION to the DEVELOPER for the construction, maintenance, repair and operation of the Disposal System. 10. A copy of this agreement shall. filed at the Register of Deeds in the County(ies)'where the Declaration is filed and in the offices of the Secretary of State of North Carolina with the Articles of Incorporation of the Association. IN N-,vUN'ESS WHEREOF, this agreement was executed in duplicate originals by the duly authorized representative of the parties hereto on the day and year written as indicated by each of the parties named below: FOR THE EINWMONMENTAL Mjkl AGEMEN-r COMMISSION A. Preston Howard, Jr., P.E., Director Division of Environmental Management (Date) Name*of Developer/Company By: Signature Print Name and Title (Date)