NC0020737_Enforcement_20100219

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Beverly Eaves Perdue
Governor
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. SuHins
Director
FebrUary 19, 2010
CERTIFIED MAIL 7008 1,140 0002 2716 1053
RETURN RECE!�E���
its. Marilyn Sellers, City Manager
City of Kings Mountain
Post Office Box 429
Kings Mountain, North Carolina 28086
SUBJECT�, Notice of Violation and Assessment of Civil
Penalty for Violations of N.C. Generit Statute
143-215.1(a)(6) and NPDE S Pennit No. NCO020737
Pilot Creek WWTP
(--'Ieveland COUTAY
('.',ase No. LV-2010-0060
Dear Nits, Sellers:
M
his letter transmits as Notice of'Viol,ation and assessinent of civil penalty in the wnowit of
$833-71 ($750,00 civil penalty + $83.71. enforcement costs) against the City of Knigs N-Iountain.
This assessment is based talon the. following facts: A review has been con,ducted of the self -
monitoring data reported for Noveniber 2009. This review has shown the sulaject facility to be ill
violation ofthe discharge firnitations found in NNITES Pennit N(.), NC1~)020737, The'violations are
summarized in Attachment A to this letter.
Based i,,ipon the abovefiacts, I conclude as as matter of la-va, that the CitY of Kings Nlorintain
violated the terms, conditions, or Tequirements of NPDf,'IS Pennit No, NCO020737 and North Carolina
Generat Statute (G.S.) 143-215,1,(a)(6) ire the manner and extent shown in Attactunent A. A, civil
perialty may be assessed in, accordance with the niaximurns established by G,S, 143-215.6A(a)(2).
Based upon the above findings of fact and coric lusions of fa-v%,,-, and in accordance with authority
provided by the,, Secretary of the Department of Enviro'ninent and Nattiral Resources and the Director
I
of the Division ofWater Quality, 1, Robert B. K-rebs, Surface Water Protection, Regional Supervisor
for the Nlooresville Region, hereby make tlie following civil perialty assessment against the City of
Kings Mountain:
mooresvitte Regional C'Nure
Localtom 610 East Center Ave,, Suite 301 Moofesvilie, NC 28115
Phone: [phone]R,91 Fax [phone] Custoa*rSemm 1-877 6231-6748
Intemet:wwwrtmaterquaii1y Ng
An Equal Opportunity ;,Affimnw4va ktion Employer - 30% RECYCIEV00" POSI CQMUMV
One
NofthCarolina
VVIINIVIlY

250.00 For 7 of the seven (7) violation(s) of G.S, 1, 43 -215 1 (a)(6)
and NPL)ES permit No. NCO020737, by discharging waste into
the waters of the State in violation of the permit daily niaximurn
effitient limit for plT,
500,00 For _ I -.of the one (1) violation of G.S. 1433-215A(a)(6) and
NPDES Pert -nit No, NC0020737, by discharging waste into the
waters of the State in violation of the permit weekly average
effluent limit for cadmium.
75900__ TOTAL CIVIL PENALTY
83,71—__ Enforcement costs.
83171-__ TOIAL AMOUNT DIJE
Pursuant to G.S, 143-215,6A(c), in deternrinin the amount of the penalt-
9 y 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), NvInch are-
(1) The degrecand extent of harmto 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 dannage;
(5) "Ifie arnount of money saved by noncompliance;
(6) Whether the violations were committed willInIty or intentionally,
(7) 'rhe prior record of the violator in complying or failing to comply with programs over which
the Environitiental, Management Commission has regulatory authority; and
(8) 'fhe cost to the State, of the enforcement procedures,
Within thirty days of receipt of this notice, you must do one of the following;
I. Submit payment of the penalty.
payment should be made directly to the order of the Department of Environment, and Natural
Resources (do ?70t include utwiverfiorn�). 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/Enforeement Unit
Division of Water Quality
1617'mail Service Center
Raleigh, North Carolina 27699-1617
ME

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2. Submit a written request for remission including a detailed ioncar 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
ofany of the factual statements contained in. the civil penalty assessment document. Because a
remission request forecloses the option of air administrative hearing, such a request must be
accompanied by a waiver Of YOUr right to an adirainistrative hearingand a stipulation that no factual or
legal issues are in dispute. Please prepare a detailed staternent 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 do ten whether a remission request will be approved, the following factors shall, be
considered-
(1) whether one or more of the civil penalty assessi-nentfactors in.G.S. 143B-282,1(b) were
,wrongfully applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environniental damage resulting from
the violation;
(3) whether the violation was inadvertent or a result of an accident-,
(4) vvvhcther the violator had been assessed civil penalties fbranyprevious violations: or
(5) ,N-hether pwymeat of the civil penalty will prevent payment far the remaining necessary
remedial actions.
Please note that all inforrnation presented in Support of your request for remission must be
subt-nitted in writing, The Director ofthe Division of Water Qualityvvill review your evidenceand
inforru you of his decision in, the niatter of your remission request. The response will provide details
regarding case status, directions for paymerit, and provision for further appeal of the penalty to the
Environmental Managerrient ConArnksion'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 at
complete and thorough statement iii support of your request for rernission.
In order to request remission, you must complete and submit the enclosed "Waiver of Right to
an Administrative flearing and Stipulation of Facts" form within thirty (30)flays of receipt of this
notice. The Division of Water Quality also requests that you complete and submit the enclosed
"Justificationfor Remission Request." Both forms should be submitted to the following address:
Point Source Con�plitraced -'.tif(-)rcemeiit Unit
Division of Water Quality
1617 Mail Service Center
Raleig1i, North Carolina 27699-1617
OR
3. File'a petition for an administrative hearing with tire Office of Administrative Hearings:
If YOU wish to contest any statenient in the attached assessment doclarient you must lile a
petition for an administrative hearing. You may obtain the petition forma frorn the Office of

Administrative hearings. You must file the petition with the Office f Administrative Hearings
within thirty 0days ofreceipt of this notice. A petition is considered fled when it is received is
the Office of Administrative Hearings daring normal office hours. The Office of Administrative
Hearings accepts filings Monday through Friday betvveen the hours of : it a.m. and :00 p_rn.,
except for official state holidays. The petition may be filed by facsimile (fax) or electronic mail, by an
attached file (with restrictions) - provided the signed original, one 1) copy and a filing fee (ifa filing
fee is required by NCGS § l 50B - . `is received in, the Office of Administrative Hearings within
seven ( business days following the faxed or electronic transmission, You should contact the
Office of administrative Hearings with all questions regarding the filing fee and/or the details of the
filing process. _ The mailing address and telephone and fax numbers for the Office of Administrative
Hearings are as follows:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27 9-671 4
`rel: (919) 31-300 ,lax: (919) 31.- 3 l C1Ct
One (I) copy~ of the petition must also be served on DENIR as follows;
Mary Penny Thompson, General Counsel
fEll
1601 Mil et -vice Center
Raleigh, NC 99-1 01
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 ofreceipt ofthis notice, as
evidenced by at internal date/titne received stsarnp (not a postmark-,), will result in this matter being
referred to the AttorneyGeneral'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. ff=the violations are of a coinigtaitt atia e,iQ related, to qlaeranni
and/or maintenanee oli gil t�t�c�i v,°ou an iqi �t r rr�c is c nstr rani activities, theR rcati may wish
to cnsid Wjhy _g_ ill tjd r C onseagdk � v �t�rave any �e tiot�, about dais iv%1 peug1ty
assessment or apt}c.i tl t° lo;r b C ons nt p Lsg contact the; later ijality c e ona staff o the
Mooresville Re gicanal C)fltqat tt l d®- l 99.,
__f
{bate) Robert B, Krebs
Regional Supervisor
Surface Water Protection
Mooresville Regional Office
Division ofWater Quality

ATTACHMENTS
cc: Water Quality Regional Supervisor w/ attachments
Complianceffinforcement File w/ attachments
Central Files w/ attachments
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ATTACHMENT A
CASE NO. L- t - t160
utfall _
Parameter
.e o to Value
Permit Limit
061
pH
5.44 SLR*
6.0 SST Daily minimum)
001
plul
5.81 SLR
6.6 SU (Daily minimum
1
p11
5.51 SU
6.0 S (Daily minimum
001
pH
5.88 SU*
6.O S Gaily minimum)
001
p11
5.39 SU*
6,O SU (Daily minimum)
001,
pit
5.82 SU*
6.6 SLR (Daily minimum)
001
pH
5. 9 SU*
6,O SU Daily minimum
1101
Cadmium
9. li 'L*
6.1 �Lg/L Weekly average)
* D.enotes civil penalty assessment __

IFSTATE CIA NORT14 AROL.IN DEPARTMENT OF NVIRf�lv�l`�ILI�I"l
AND NATURAL RESOURCES"
COUNTY OF CLEVELAN
IN THE MATTER OF ASSESSMENT WAIVER 01, RIGHT H TO AN
OF CIVIL PEN, AGAFN.f ADMINISTRATIVE HEARING AND
CITY F KINGS O T"AIN STIPULATION OF PACTS
PERMIT NO. NCO020737
FILE NO. I,V-20l0-0 titl
Having been assessed civil penalties totaling $833.71 ror violations as set forth l the
assessment document of the Division of Water Quality dated Februan, III II the un ersigued
desiring to seek remission of the civil penalties, does hereby waivethe right to an administrative
hearing in the above -stated matter and does stipulate: that the facts are as alleged in the, assessment
docunient, T'he„undersigned further understands that all evidence presented in support ofremission of
this civil penalty must be submitted to the, Director of the Division of NVater Quality within 30 days to
receipt of the notice of assessi-rent No new evidence in support of a rennission request will be allowed
after 30 days from the receipt of the notice of assessment.
This the day of _,. 2010
BY
ADDRESS
TELEPI I+". N

JUSTIFICATION FOR REMIS29����
DWQ Case Number: LV-2010-0060
Assessed Party: City if Kings Mountain
County: Cleveland
Permit Number: NCO020737
Amount Assessed: $833.71
Please use this form when requesting remission of this civil penalty. You must also, complete the
"&quest Farr -RewL��iaLijVaiver af�i hL_o-- an Adtrzini,ytraive —o,acts
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 riot 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.63.S. § 143B-282.1(c), remission of a civil perialty may be granted only �Nlien 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),
wM (a) one or more of the civil penalty-qs-scssmq.nt factors irk N.C.G.S. 14LB 82-Fb were
applied to the detriment of tb�g . �ctjtic�)ner (the assessment fiactors are listed in the civil
penaltv assessment docunear ),-
(b) tLiqviglatgr omptly, hated continue envir timental dqi1ja e r�suL�tiqgIgn -I�L _g_ _ _ _f _rLthe
violation (i.e., explain the steps fhat,you took to correct the violation rand preventfiacre occurrences);
-- (c) the violation was_ -inadvertent or a result of art accident (i,e., explain relay the violation
was aavoicIab(e or something you could notprevent or preparejbn;);
(d) the violator had not been assessed civil _pej,1ffiqs f any -_revious violaCions;
�jqL_p
(e) jLqyinent of the civil oenaltv willi it ent for the re mini - ary remedial
�re,�,� ial i maining ng2c,.cs
actions (i. e., explain hoit, pq�vfnent of'the civil pmalty, -",ill prevent you from per the activities
necessary to achieve compliance),
EXPLANATION: (use additional pages as necessary)

ASSESSMENT FACTORS
Violator: City of King-slMountain
Facility: Pilot Creek, WNVTP
County: Cleveland
Case Number: LV-2010-0060
Permit Number: NCO020737
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;
The cadmium average concentration of 9,0 gg/L for the week ending November 28th exceeded the
permit limit of 6.1 �tg/[_, The pH concentrations of 5.44 SU, 5.81 SU, 5.51 SU, 5.88 SU, 5.39 SU, 5:82
SU, and 5.49 SU on November 2nd through 6th, I Oth, and 16th did not meet the daily minimum
permit limit of 6.0 SU
2) The duration and gravity of the violation;
The cadmium weekly average permit limit was exceeded by 47.5% for the week ending November
28th. The pH concentration is measured on an inverse logarithmic scale and unlike linear scales,
which have a constant relationship between the item being measured and the value reported, each
individual pH unit (6.1 SU) is a factor of 10 different than the next higher or lower unit, For November
2nd through 6th, I Oth, and 16th the pH concentration was 1 0-fold (5.88 SU) to 60-fold (5.39 SU)
lower than the minimum pH (6.0 SU) allowed by the permit.
3) The effect on ground or surface water quantity or quality or on air quality;
The effect on the receiving stream is unknown as in -stream monitoring of cadmium is not required by
the permit. Cadmium is a toxic substance to aquatic organisms and the water quality standard for
Class C freshwater is 2.0 ttg/L The Kings Mountain Pilot Creek WWTP discharges into Buffalo
Creek, which is classified as C waters in the Broad River basin.
4) The cost of rectifying the damage;
The cost is unknown.
5) The amount of one saved by noncompliance;
The amount of money saved by noncompliance is unknown,
6) Whether the violation was committed willfully or intentionally;
The Division of Water Quality has no evidence that the violations were committed willfully or
intentionally. The facility has added a chemical -feed system to adjust pH and is trying to address the
source of cadmium through their pre-treatment program.
7) The prior record of the violator in complying or failing to comply with programs over which the
Environmental Management Commission has regulatory authority;
and

There have been 17 other CPAs against the City of Kings Mountain for their Pilot Creep WWTP
during the life of the permit with two CPAs issued in the past twelve months as detailed below.
Case NumberDescription
LV-2010-001 2,186.71 LV for pH and cadmium, Penalty as been paid in full.
T-2009-6916 $2,064.84 toxicity violation for second Quarter of 2009. Penalty has been paid in full.
The cost to the State of the enforcementprocedures.
The cost to the Mooresville Regional Office was $83.71.
r w
Date Robert B. Krebs
Surface Water Protection
' Regional Supervisor -
Mooresville
Division of Water Quality

or-OnIOTIMIZI Vint ATInMS fnr'
ReportDatw 02108110 Page- 5 of 24
PERMITNCO071528
FACILITY.- Lake Norman Woods Homeowners Association - Lake
COUNTY: Catawba REGION: Mooresville
Norman Woods Will TP
Limit Violation
NIONJOR ING OUTFALL I
REPORT pp'l LOCATION
PARAMETER
vlCLATION,
DATE
FREQUENCY
UNIT OF
MEASURE
LIMIT
CALCULATED
VALUE VIOLATION TYPE
VIOLATION ACTION
11.2009 001
Effluent
Chlorine, Total Residual
11/03/09
2 Xweek
ug/l
28
33 Daily Maximum Exceeded
No Action, BPJ
11_2009Cal
Effluent
Chlorine, I otal Residual
11/10109
2 X we
U911
28
39 Daily Maximum Exceeded
No Action, 8PJ
112009001
Effluent
Chlonne, Total Residuat
1 V12109
2 X week
Ugli
28
29 Dad y Maximum Exceeded
No Action, BPJ
11-2009 004
Effluent
Chlorine, Total Pestdual
11119/09
2 X week
ugil
28
30 Daily Maximum Exceeded
No Action, BPJ
11 .2009 001
Effluent
Chlorine, Total Residual
11124109
2 X week
uglt
28
37 Daily Maximum Exceeded
No Action, BPJ
PERMIT: NCO020737
FACILITY: City of Kings Mountain - Pilot Creek WWTP
COUNTY: Cleveland REGION: Mooresville
Limit Violation
MONITORING OUTFALL f
REPORT PPP LOCATION
PARAMETER
VtOLATK)N
DATE
FREQUENCY
UNIT OF
MEASURE
LIMIT I
V
CALCULATED
VALUE VIOLATION TYPE
VIOLATION ACTION
11-2009 001
Effluent
Cadmium, Total (as Cd)
11/28/09
Weekly
ug/t
1
61
9`-,� Weekly Average Exceeded
None
6-1/
5,44vl� -
Daily I'Animnt u, Not Reached
None
11 -2009 001
EfflUent
PH
11/02109
5 X week
SU
6v'/
5.81 V,;t�)C D,iy Minimum Not Reached
Nore
11-2009 Cal
Effluent
pH
11103109
5 X week
su
- ;(�>,-Dady Not Reached
None
112009001
Effluent
pH
11/04109
5 X week
a u
6v/
5.51 Minimum
a
61/
& 88 t Deily Mornurn Not Reached
None
11 -2009 001
Effluent
pH
11105f09
5 X week
an
Not Reached
None
11 -2009 001
Effluent
pH
11/06/09
5 X week
su
6./
5.39 aiuy Minimum
Not Reached
None
11 -2009 001
Effluent
PH
11110/09
511 week
SU
6
5,82/54,4--� Daily fornimurn
11-2009 001
Effluent
pH
11/16109
5 X week
su
6
549 Daily Minimum Not Reached
None