NC0020737_Enforcement_20150924

:. Pig` CY
ciovowo
DONALDR, VAN DER VAART
October 28, 201
s
Mr. Dicky C. Duncan
City of Kings Mountain
FCC Box 429
Kings Mountain, NC" 28086
Subject: Payment Acknowledgement
Piet Creek WWTP
Permit Number. NC ,002 737
Case Number: r: L -201 -023
Cleveland County
Dear P itt
This letter is to acknowledge receipt of payment in the' t of 1 � 7 received from you on
10/2 /2016- This payment satisfies in full the above civil assessment (,$) levied against the
subject facility, and this ease has been closed. Payment ofthis penalty in no way precludes
future action by this Division for additional violations of the applicable Statues, Regulations, lations, r
Pe its,
If you have y questions, please contact Wren Thedfn d at 1 - C17- 3 7:
Sincerely,
Wren `fhedfdrd
Wastewater eater ranch
ee Central Files
PE
Mooresville ille Regional Office
State of Nortls Carultaa ? F."virOhmental Quality I Water Resource
1617 Mail se .•ice Center j Raleigh, NOW, arolum 2769-ifai7"
1F19 Ali?-6:�Cti

Water Resources
ENWRONMENTAL OUAUTV
October 4, 2016
LER,TIFIED MAIL 7013 30 0001 8998 4322,
RETURN RECEIPT REQILESTED
Mr. Ricky C, Durican, Water Resources Director
City of Kings Mountain
P.O. Box 429
Kings mountain, N 28086
Subject: Concerning Your Request to it Civil Penalties
Pilot Creek WWTP
NPI)ESPertnit NCO020737
Case Number LV-2015-0235
Cleveland County
Dear Mr. Duncan:
In accordance with North Carolina General Statute 143-215.6A(f), the Director of the North
Carolina Division of Water Resources (the Director) has reviewed your infort-nation submitted in
support of youT request to remit civil penalties in the subject case ($1,750,00 + $14&97
investigative costs) totaling $1,896,97.
The Director has granted full rerun sign in this case, g&sM for invest�igative costs (see attached
decision forrn). Therefore, your outstanding balance totals $146.97, Two options are available to
you at this stage of the remission process:
Two options are available to you at this stage of the remission process:
1) You may pay, this balance.
If you decide to pay the penalty, please make your check payable to the Department of
Environmental Quality (DEQ). Send the payment, within thirty (30) calendar days of receiving
this letter, to the attention of
Ms. Wren Thedford
NCDEQ/DWR/WQ Pennitting Section
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
State of North Carolina � Environmcntal Quality I Water Resources
1617 Mail Service Center 1 Raleigh, North Carolina 27699-1617
1111, I'll --

Mr. Duncan
Welohii 4
IA"
Now I I - 0-1- UVENMRWI
x
civill F*nalty Rkinistions (the "wntitteO to make a final decision on your remission
request considering your additional oral input,, as warranted.
from your receipt of this letter, or if you iniss an
interim payment in violation of the schedule, your current request for remission with supporting
documents and the Director's attached reconuriendation will be delivered to the Committee on
Civil Penalty Remissions for final agency decision.
If you or your representative would like to speak before the Committee, you must complete and
return the attached Requestfbr Oral Presentation Form within thirty (30) calendar days of receipt
of this letter (see, attached case -specific Requests). Send the completed forrn to:
Ms. Wren Thedford
NCDEQ/DWR/WQ Permitting Section
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
If you make such request(s), the EMC Chairman will review the supporting documents and your
request for an oral presentation. If in his/her judgment the Chairman determines that there is
compelling reason to require a presentation, you will be notified as to when and where you should
appear. If a presentation is not required, the final decision will be based upon the written record.
Please be advised that the ENIC's Committee on Civil Penalty Remissions will make its remission
decision based on the original assessment amount. Therefore, the ENIC may choose to uphold the
original penalty amount and offer no remissions, they may agree with the DWR Director's
remission recommendation detailed above, or the penalty arnourit may be further remitted.
Thank you for your cooperation in this matter. If you have any questions, please contact Derek
Lenard at derek.denardGa)ncdem-.gov or call 919-807-6307,
Sincerely,
S. Jay Zimmerman, P.G., Director
Division of Water Resources, NC DEQ
Enforcement File
DWR Central Files

DWR — CIVIL PENALTY REMISSION FACTORS
Case Number: LV-2015-0235 Region: Mooresville County: —, Cleveland.,—.--
Assessetity m City t Iountain-Pilot Creek "TP Permit No.: NCO020737
Assessment Factors
EJ (a) Whether one or more of the civil penalty assessment factors were, wrongly applied to the
detriment of the petitioner:
NOT ASSERTED.
El (b) Whether the violator promptly abated continuing environmental damage resulting from the
violation:
NOT ASSERTED.
El (c) Whether the violation was inadvertent or a result of an accident:
NOT ASSERTED,
0 (d) Whether the -violator had been assessed civil penalties for any previous violations:
NOT ASSERTED.
[] (e) Whether payment of the civit penalty will prevent payment for the remaining necesssry remedial
actions:
NOT ASSERTED.
DWR Notes: The Ci, (#'KinA!,y Alountain did not assertion atty, o , f the assessinentfizetors.for the remission
requestreceivedon October 7,2015, 77tepenalties u4jerejor violation of.Thallium daay and month4, limit of
1, 43 uglL in June 2 015� In the request the 04, indicated they are working is 9ith the local industry, -uhich is as
sigraficant industrial user (SIbg that has 1wen identyiedas discharging Thalliurn. TheChi( yneeds iiineto ther
dena, se-upprotocol ga
fior retnova�, and anpletnent the prot,edures necesvaqfor removaL The 04, is in discussion
with the regional 9f ice and the pretreatment section ./br assistan ce and may need to reveve the City's LTAM, and
HWA to calculated removal rates and set 'lead hams limasjbr the.51U Since the remissions request was receivea,
the City, requested as Special Oder ky Con.wntlEMC.50C IVQS16-001, onDecember29, 2015. The .request
indicated that a SOCitill provide, a better timq#amefijr the City, and the SIU to address rernoval of Thellium,
--- DECISION (Check One)
Request Denied
Full Remission A Retain Enforcement Cost? YesX No
Partial Remission (Enter Amount)
'0 ,,ref ft�upart �Date

CAROLINA
ENVIRONMENTAL MANAGEMENT
COMMISSION
OF'CLEVELAND
INTHE" MATTER OFASSESSMEN F
OF CIVIL PENALTIES AGAINST:
CITY OF KINGS MOUNTAIN
PILOTCREEK WWTP
DWR Case Number LV-2015-0235
REQUEST FOR ORAL PRESENTATION
I hereby request to make an oral presentation before the Environmental Management C0111111jSSiOWS Committee Oil Civil penalty
Remissions in the matter of the case noted above. In making this request., I assert that I understand all of tile followingstaternents.,
This request will be reviewed by the Chairman ofthe Environmental Managertlem Commission and may be either granted or
denied,
Making a presentation wi I I require tire presence of my' elfand.ior iny representati ve dur ing a Cornin ittee meeti rig lie [din Ralei &,b,
North Carolina,
• N,1Ly,.,.pr-esentation will be limited to discussion of isst 15'and infiornialion submitted i ni, 11-1-IL-91J.6 rgal i��q n �qu,
i4e _ Liissio rer Mest, and because
no factual issues are in dispute, nry presentation will be limited to five (5) minutes in length.
The North Carolina State Bar's Authorized Practice of Law Conlnottee has ruled that the appearance in a representative capacity at
quasi-judicial Etc aria gscar proceedings is limited to y
la, , ers who are ace mai
m of the bar, Proccedinpvs before the Committee on
-- --
Remissions are quasi- udiciaal, You should consider how you intend to present your- case to the Committee in fight of the State Bar"s
opinion and whether anyone will be speaking in a representative capacity for you or to business or governmental entity, Ifyou or your
representative would like to speak before the Committee, you must complete, an(] return this forrn within thirty, (30) days oireceim of
this letter,
Depending on your status as art individual, corporation, partnership or rnurncipaljtv, the State Bar's Opinion affects how you rnay,
proceed with your oral presentation, See `WkVWAcbKc�-,-)1m and 2007 Formal
Ethics Opinion 3, Authorized practice Advisory Opinion 2006-I
If you are an individual or business ow net and are granted an opportul'uty to make an oral presentation before the Committee,
then you do not need legal representation before tire Committee; however, if you intend on having another individual speak
on your behalf regarding the factual situations, such as an expert, engineer or consultant, their you must also be present at the
ineeting in order to avoid violating the State Bar's Opinion on the unauthorized practice of law,
If you are or sr tg ty -a n and are -anted an opportunity to make an oral presentation before the
gi
Committee, then your representative must consider tire recent State liar's Opinion and could be considered practicing law
without a license, if lie or she is not a licensed attorney, Presentation of facts by nou-Jawyers is perrnissible.
If you choose to request an oral presentation, please make sure that signatures on the previously submitted Remission Request form
and this Oral Presentation Request form are- 1) for individuals and business owners, your own signature and 2) fior corporations,
partnerships and municipalities, signed by individuals who would not violate the State Bar's Opinion on the unauthorized practiceof
hov,
Also, be advised that the Committee on Civil PenaftyRecrussions may choose not to proceed with hearing your case if The Committee
is informed that a potential violation of the statute concernim;� the authorizLd practice of law has occurred.
This the day 20_
SIGNATURE
TITLE (President., Owner, etc,)
TFLEPI-K)NE

City of Kings Mountain
Dennis Wells,
Water Resources Director
P,, 0. Box 429
Kings Mountain, NC 28086
October 5, 2015
Wastewater Branch
S. Jay Zimmerman
Director, Division of Water Resources
1617 Mail Service Center
Raleigh, NC 27699-1617
Dear Mr. Zimmerman:
RECEIVED/DENRIDAIR
7
Water Quality
Perrypdtlinq Sectint
In reference to the NOV and Assessment of Civil Penalty dated September 24, 2015 for the Pilot Creek
WWTP, June 2015 self -monitoring report, The City of Kings Mountain hereby requests remission of the
civil penalty in the amount of $1896,97,
As noted in our request submitted during the draft permit, we requested that the limit be removed and
replaced with monitoring of this parameter. After no response, we received our final permit effective
June 01, 2015. The Thallium limit remained the same, 11.43 ug/l daily maximum and 1.43 ugli monthly
average).
We have been tracking Thallium throughout the collection system. Once we had become aware of this
parameter, we began to collect samples from our eight (8) permitted SIU's, Local Permit holders,
wastewater treatment plant's influent, Aeration Basin, and Effluent discharge. According to these
results, there is only one (1) SIU found to have Thallium in its discharge. The Thallium valves discharged
from this SIU ranged from 240-1,240 ug/l.
We are working with the local industry that is discharging ThaHium, They have hired a chemical engineer
whose sole responsibility is to find a solution to this issue.
We need time to gather the data, set-up the protocol for removal, and implement the procedures
necessary for removal of Thallium.

isc scion with the regional office in Mooresville as well as the Pretreatment Section for
assistance in this matter. We will need to revise the city's LTMP and HWA so that removal rates can b
calculated and Thallium limits can be set:
Sincerely,
'Del
Dennis Wells
Director, Water Resources

STATE OF NORTH "ARIL NA DEPART MENTOF ENVIRONMENTAL
QUALITY
COUNTY OF CLEVELAND
IN THE MATTER OF ASSESSMENT WAIVER OF RIGHT TO AN
OF CIVIL PENALTY AGAINST ADMINISTRATIVE HEARING AND
CITY OF KrNGS MOUNTAIN STIPULATION OF FACTS
PERMIT NUMBER NCO020737
FILE NO. LV-2015-0235
Having been assessed civil penalties totaling $1896.97 for violation(s) as set forth in the
assessment document of the Division of Water Resources dated Sentember 24., 2015, 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 inthe assessment
document. The undersigned ftirther understands that all evidence presented in support of remission of
this civil penalty must be submitted to the Director of the Division of Water Resources 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.
11_� 0
This the day of 2015
BY
TELEPHONE
7AY-7.3-1- Y5,X

JUSTIFICATION FOR REMISSION REQUEST
DWR Case Number: LV-2015-0235
Assessed Part-
y: City of Kings Mountain
County: Cleveland
Permit Number.- NCO020737
Amount Assessed: $1896,97
Please use this form when requesting remission of this, civil penalty, You must also complete the
dintrustrative jLeahn& and Sri ulation o 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 to 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 ) occurred or
the accuracy of any of the factual statements contained in the civil penalty assessment document.
Pursuant to N.C.G.S. § 14313-282-1(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
(the assessment fiictors are listed
in the civil penalty assessment document);
(b) the
violation (I.e., explain the steps that you took to correct the violation an prevent
,fature occurrences),
(c) the violation was inadvertent or a result of an accident (i.e., explain why the violation
was unavoidable or somethingyou could not prevent orpreparejbr),-
(d) the violator had not been assessed civil penalties for anLDrevious violations;
(e) r the rernaiiijq&nqgesar reran dia
actions (i.e., explain how pqrment of the civil penalty will prevent youftom performing
the activities necessaty to achieve conipliance).
EXPLANATION: use additional pages as necesstr y)

ratMcCrorY
Governor
dt WL `t
North Carolina Environmental t I
Donald van der Vaart
secretary
September 24, 201
Mr. Dennis R. Wells, Water Resources Director
City r, f Kings Mountain
P.O. Box 429
Kings Mountain, NC 2 086
SUBJECT: Notice of Violation and Assessment of Civil
penalty for Violations of l .C, general Statute
1 -21 .1 ( d NPDES Permit No. NC O0207 7
Pilot Creek WTP
Cleveland County
ty{
Case No. LV-2015-0235
Dear Mr. Fells
This letter transmits a Notice of Violation and assessment of civil penalty in the amount Of
1 ,97 17 C1 civil penalty, -� 1 6. 7 enforcement costs) against the City of Kings MountaiM
This assessment is based upon the following facts: A review has been conducted of the self
monitoring data reported for June 2015. This review has shown the subject, facility to be in violation
of"the discharge limitations found in NPDES Pem, it No. NCO020737. The violations are summarized
in Attachment A to this letter.
Based upon the above facts l conclude as a matter of lave that the City of Kings Mountain
violated the terms, conditions, or requirements of NPESPermit it No. NCO020737 and North Carolina
General Statute G. ) 1 4-21 .1(a)(6j in the manner and, extent shown in Attachment X A civil
penalty may he assessed in accordance with the maximums established by G-S, 1 -2f . a (2).
Based upon the above findings of fact and conclusions of lave, and in accordance with authority
provided by the Secretary of the Department of Environmental Quality and the Director of the
Division of "water Resources,1, Michael L Parker, Regional l Supervisor for the Mooresville legion,
hereby make the following civil penalty assessment against the City of Dings fountain:
610 EastCenter Avenue, Suite S i, mooresville, North carotin a Sk
15
Phone: 74- 63-1';Internet: WWW,n0d6nL90V
AnF cNPae" �? s rt

1
250.00 For I of the one (1) violation of G. S, 143-215 , I (a)(6) and the , I
NpDES Permit No. NCO020737, by discharging wthe waste into
waters of the State in violation of the permit daily maximum
effluent limit for Thallium,
1500.00 For I of the one (1) violation of G.S. 143-215, 1 (a)(6) and
NPDES Permit No. NCO020737, by discharging waste into the
waters of the State in violation of the permit monthly average
effluent limit far Thallium.
$— 1750.00
146.97
TOTAL CIVIL PENALTY
Enforcement costs
TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6,k(e), in determining the arnaunt 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;
(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 Environmental, Quality (do
not include waiverfiorM). Payment of the penalty will not foreclose further enforcement action for any
continuing or new violation(s).
Please submit payment to the attention of-,
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
MM
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
x 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 violations,) 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 heaning, 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 Resources at the address listed
below. In determining whether aremission request will be approved, the following factors shall be
considered:
�1) whether one or more of the civil penafty assessment factors in G.S. 143B-282. I (b) were
wrongfully applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental damage resulting from
the violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator had been assessed civil enaltiesfor any previous violations; or
p 1
(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 Resources 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 (Cormnittee).
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 Resources also requests that you complete and submit the enclosed
"Justification for Remission Request." Both forms should be submitted to the following address:
Wastewater Branch
Division of Water Resources
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 forin from the Office of
Administrative Hearings, You must file the petition with the Office ofdmimstrative Hearings
within thirty, (30) days of receipt of this notice. A petition is considered filed when it is received in
the Office of Administrative Hearings during normal office hours. The Office of Administrative

Hearings accepts filings Monday through Friday between the hours of 8:00, a.m. and 5:00 p.m.,
except for official state holidays, The petition may be filed by facsimile (fax) or electronic mail by an
attached file (with restrictions) - provided the signed original, one (1) copy and a filing fee (if a filing
fee is required by NCGS § 15013-23.2) is received in the Office of Administrative Hearings within
seven (7) business days following the taxed or electronic transmission. You should contact the
Of of Administrative Hearings with all questions regarding the filing fee and/or the details of the
filing process. The mailing address and telephone and fax numbers for the Office of Administrative
Hearings are as follows -
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC, 27699-6714
Tel: [phone]
Fas.: [phone]
One (1) copy of the petition must also be served on DEQ as follows:
Nit, Sam M. Hayes, General Counsel
DEQ
1601 Mail Service Center
Raleigh, NC 27699-1601
Please indicate the case number (as found on page, one of this letter) on the petition.
Failure to exercise one of the options above within thirty (30) days of receipt of this notice, as
evidenced by an internal date/time received, stamp (not a postmark), will result in this matter being
referred to the Attorney General's Office for collection of the penalty through a civil action.
Please be advised that, additional penalties may be assessed for violations that occur after the
review period of this assessment. If you have any questions about this civil penalty assessment please
contact staff in the Mooresville Regional Office at [phone].
(D-ate) Ce_1z_Michael -L. Parker,, Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ
ATTACHMENTS
cc: Mooresville Regional Office Compliance Filewr/ attachments
Raleigh Compliance/Enforeemem File w/ attachments
Central Files w/ attachments

FF
ATTACRMENT A
CASE NO. NIW Q -C} 3
Par t° t ort .d ' llu Per tt -Limit
Thallium33.9 gl1* 1,43 gll (Daily M ¢ )
fit 1 't33,9 l 1. 3 g/l (Monthly average)
Denotes ivil penalty assessment 1
Cite in M responset t - 1 - -d Septemberreceived n ,
20 was reviewed by DWR staff Mitigating factors were not found to result in a reduced civil
penalty amuunt

STATE OF NORTH C R LIN
COUNTY OF CLEVELAND
IN THE MATTER OF ASSESSMENT
E CIVIL PENALTYAGAINST
IT'S` OF KINGS I MOUNTAIN
PERMIT NUMBER M ER O020 i3
DEPARTMENT OF ENVIRONMENTAL
QUALITY
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
FILE O. L - tll -0 3
Having been assessed civil penalties totaling $1896.97 for violation(s) as set forth in the
assessment document of the Division of Water Resources dated 11 , 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 it the assessment
document; The undersigned farther understands that all evidence presented in support of remission of
this civil penalty must be subfitted to the Director cat"the Division of Water Resources within 30 days
of receipt of the notice of assessment. No new evidence in support of a rentission request will be
allowed after 30 days from the receipt of the notice of assessment.
This the ,dad,. of 201.5
BY
ADDRESS

DWR Case Number: LV-2015-0235
Assessed Party: City of Kings Mountain
County,: Cleveland
Permit Number: NCO020737
Amount Assessed: $1896.97
Please use this form when requesting remission of this civil penalty. You must also complete the
"Reauest For Remission, ff"aiver of Rieht to an Administrative Hearing atal' ,j5't 'I',
4i �ulat�iono '�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 die following five factors applies, Please check each factor that you believe applies to your
case and provide a detailed explanation, including copies of supporting doe um tints, 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. 14313-22 �lb were
on ll a lied to the detriment o the etitione(the assessment factors are listed
in the civil, enaal , assessment document);
(b) the violator promptly abated cloIntinuing. envirgmpental dgnLage resulting from the
violation (�.e, explain the steps that you took to correct the violation and prevent
fititure occurrences);
(c) the violation was inadvertent or a result of an accident (i.e, explain wity the violation
was unavoidable or something you could not, revent or prepare for);
(d) the violator had not been assessed civil nenalties for —1 - evious violations;
(e) payment of. the civil penalty will prevent payrnent for the remaining necessgK.Le-medial
actions (i.e., explain how payrnentqf the civil penalty will prevent youftomperfiormin�_,
the activities necessaiyy to achieve compliance).
EXPLANATION: (use additional pages as necessary)

Violator:it of l; inourrtain
Facility: Pilot Creek WWTP
County: Cleveland
Case Number: LV-2015-0235
Permit Number: NCO020737
1) The degree and extent of harm to the natural resources of the State, to the public health, or to
private property resulting from the violation; No harm has been documented;
2) The duration and gravity of the violation; The Thalliurn daily maximum effluent limit violation had
exceeded the permit limit by 2370.6%. The Thalliurn monthly average effluent limit violation had
exceeded the permit limit by 2370.6% during the month of June 2015,
3) The effect on ground or surface water quantity or quality or on air quality- The effect on the
receiving stream is unknown.
4) The cost of rectifying the damage; The cost is unknown.
5) The amount of money saved by noncompliance; The amount of money saved by noncompliance is
unknown.
6) Whether the violation was committed willfully or intentionally; The Division of Water Resources
has no evidence that the violations were committed willfully or intentionally.
7) The prior record of the violator in complying or failing to comply with programs over which the
Environmental Management Commission has regulatory authority;
There have been 20 previous CPAs for the Pilot Creek WWT P with the last CPA being issued on
September 11, 20.15 for an arsenic violation that occurred in December 2014.
8) The cost to the State of the enforcement procedures.
The cost to the Division of Water Resources is $146.97,
�'-Z'tl . I '-
Date
Michael L. Parker, Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEO