NC0020737_Enforcement_20171017

NC.
WaterResowces
Ricky C* Duncan.
City of; ins Mountain
PO Box 42
Kings Mtn, NCB 28086
Subject: Payment Acknowledgement
Civil Penalty Assessment
Pilot Creek WWTP
County Cleveland
Permit NCO020737
Case No. L V-201'7- 302
November 30, 2017
Dear Ricky C Duncan:
This letter is to acknowledge receipt of No. 15646 in the amount of $2,105,22 received from you dated.
11/01/201 . This payment satisfies in full the civil assessment levied against the subject facility and this case has
been closed. Payment t 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 Wren 3 he foTd at 91 - 1"7-639 .
Sincerely,
ely,
Wren ' hedford
Administrative Assistant
Water Quality Permitting Section
cc. Enforcement Pale # L V-2d1'7- 3f12
Mooresville resville e ional Office Supervisor
Central Piles
State orNoralt Carolina 1 Environmental Quality f WaterResources
610 EastCenter Avenue, Sluite 301, Mooresville, N(' 2911
7AA -AA II-T f,00

RkLurn&Eeip Reguested A _—
October 17 2017
Ricky C Duncan
City of Kings Mountain
PO Box 429
Kings Mtn, NC 28086
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6)
and NPIE S WW Permit No. NCO020737
City of Kings Mountain
Pilot Creek WWTP
Case No. LV-2017-0302
Cleveland County
Dear Mr. Duncan:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $2,105,22 ($2,000.00 civil penalty
+ S 105 , 22 enforcement costs) against City. of Kings Mountain.
MUM
Mburnain:
State of North Carolina I Environmental Quality I Water Resources
610 East Center Avenue, Suite 301, Mooresville, NC 28115
7044i63 -1699

Vj00 0 of the I violation of 143-215t1(a)() and Permit No.NC0020737,by discharging waste, water into
the waters of the State in violation of the Permit Daily Maximum for As-TOTA,
jj,KQQ I of the I violation of 143 -215 . I (a)(6) and Permit No,NCO02073 7, by discharging waste water into
the waters of the State in violation of the Permit Monthly Average for As -TOTAL.
JL00.00 I of the I violation of 143-215. l(a)(6) and Permit No.NCO020737, by discharging waste water into
the waters of the State, in violation of the Permit Weekly Average for TSS - Cone.
$�_-,)000.00 TOTAL CPAL PENALTY
$IQ5,22 Enforcement Costs
$I105.22 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 am:
(1) The degree and extent of hann 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) 'llie 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 Enviromnental
Management Commission has regulatory authority; and
(8) The cost to the State, of the enforcement procedures.
Within thirty (30) days of receipt of this notice, you roust do one of the, following:
(1) Submit payment of the penalty, OR
(2) Submit a written request for remission, OR
(3) Submit a written request for an administrative hearing
Option 1: Submit payment of the penalty:
Payment should be made directly to the order of the Departm ent of Environmental Quality (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:
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-161.7

Oubtte "quest for remission or mitigation including a detailed justi&a&n fbr suelt
Optin 2. Smit a wri n
request
Aete and sub itthe enclosed -"Justificatio
notice. —The Division of Water Resources also r -q— that YOU 990111191��tM
Remission RqqKgf
Both forms should be submitted to the following address:
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

Qofion3: File a petition for an adminis tra lve heariftwith ,the -Office of,AdmLnigrafive RearmW:
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 forrn from the Office of Administrative Hearings. You must file the petition with
the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed
when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative
Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state
holidays, The petition may be filed by facsimile (fax) or electronic mail by an attached file (with restrictions) - provided
the signed original, one (1) copy and a filing fee (if a filing fee is required by NC GS § 1 50B-23.2) is received in the
Office of Administrative Hearings within seven (7) business days following the flaxed or electronic transmission. You
should contact the Office of Administrative Hearin s with all c uestions re ardi Y the fili , fee and/or the details of the
film g-praces s.
The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows:
6714 Mail Service Center
Raleigh, NC 27699 6714
Tel., [phone]
Fax: [phone]
One (1) copy of the petition must also be served on DE Q as follows:
Mr. William F, Lane, General Counsel
Department of Environmental Quality
1,601 it Service Center
Raleigh, North Carolina 27699-1601
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 Generals 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, please contact OriTuvia with the Division of Water Resources staff of the Mooresville Regional
Office at [phone] or via email at ori.trrviaCdncdenr.gov.
Sincerely,
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
NTTAC14MENTS
Cc: WQS Mooresville Regional Office - Enforcement File
NPDES Compliance/Enforcenient Unit - Enforcement File

JUSTIFICATION FOR REMISSIONffQUEST
Case Number: LTV- 2017-0302 County: Cleveland
Assessed Party: City of Kings Mountain
Permit No.: NCO020737 Amount Assessed: IL111-5-22
(b) the violator promptly abated continuing environmental damage resulting from the violation (Le., explain the
steps that you took to correct the violation and preventfioure 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 lore parefor);
(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 dw civil penal will prevent youftont performing the activities necessaiy to achieve
compliance).
EXPLANATION:

STATE OF NORTH A.ROLIN DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF CLEVELAND
IN THE MATTER F ASSESSMENT WAIVER, ; OF RIGHT TO AN
E CIVIL PENALTIES AGAINST S' T G AND
} TI "MATI N OF FACTS
City of Kings Mountain
Pilot Creek WWTP
PERMIT NO. N d 207 7 CASE NO. LV-2017-0302
Having been assessed civil penalties totaling 2, 2 .2? for violation(s) as set forth in the assessment document of the
Division of Water Resources dated October I7 2 17, the undersigned, desiring to seek remission of the civil penalty, does
hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are a
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 Resources within thirty 2) 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 , 20
SIGNATURE �
ADDRESS
TELEPHONE

ATTAC!lMgNT,A
City of a
dA��E NUMBER: i
PERMIT:
NC 02073
REGION:
Mooresville
FACILITY:
Pilot Creek WWTP
COUNTY:
Cleveland
LIMIT VIOLATION(S)
SAMPLELOCATION:
gujfaIl02j--,_Effluent
Violation
Repot
Unit of
Limit
Calculated % over
Violation
Penalty
Date
Monthl'Yr
Parameter
Frequency
easure
value
Value Limit
Type
Amount
511512017
5-2 17
Arsenic. ictal (a As)
monthly
a ll
184.2.E
202 93
Daily
$0. 00
Maximum
imum
Exceeded
613012017
5-2017
Arsenic,, Total (as As)
Monthly
ugA
152,20
202 82,7
Monthly
$1'500,00
Average
Exceeded
6/2 12017
6-2 17
Solids, Total
5 X week
mgA
46
71,9 59.8
Weekly
$5 (100
Suspended-
Average
Concentration
Exceeded

w
Certified Mail # 7016 1370 1
September 29, 2017
Ricky C Duncan
City of Kings Mountain
PO Box 429
Kings Mtn, NC 28086
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
'racking NumberNOV-2017-LV-0652
Permit No. NCO020737
Pilot Creek WWTP
Cleveland County
Dear Mr. Duncan:
review of the June 2017 Discharge Monitoring Report Pa for the subject facility revealed the viol tion s
indicatedbelow:
Ulnil x
Sample Limit Reported
Location Parameter DateValue Value Type of Violation
001 Effluent nic, Total (as As) (01002) 6/15/2017 184.2Daily Maximum Exceeded
1 Effluent Solids, Total Suspended 6/24/2017 45 71.9 Weekly Average Exceeded
Concentration
1 Effluent Arsenic, Total as As 01 E/30/ 017 152.2 0Monthly Average Exceeded
Notice of Violation/intent to Issue Civil Penalty is being issued for the noted violation of North Carolina General
Statute . . 1 3-715.1 and the facility's NPDES WW Permit. Pursuant to G.S. 1 3- 15 A, a civil penalty of
not more than twenty-five thousand dollars ,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 C.S.
13-1.1.
State of North Carolina i Environmental Quality I Water Resources
610 East Center Avenue, Suite. 301, Mooresville, NC 2811.5
704-663-1699

Remedial actions should have already been taken to correct this problem and prevent further occurrences in the
future. The Division of Water Resources may pursue enforcement action for this and any additional violations of
State law, 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.
Reminder: Pursuant to; Permit Condition 6 in Section F the Permittee is required to verbally notify the Regional
Office as soon as possible, not to exceed 24 hours, from first knowledge of any non-compliance at
the facility including limit violations, bypasses of, or failure of a treatment unit. A written report may
be required within S days if directed by Division staff, Prior notice should be given for anticipated or
potential problems due to planned maintenance activities, taking units off-line, etc.
If you have any questions concerning this matter or to apply for an SOC, please contact Ori Tuvia of the
Mooresville Regional Office at -66 -16gg.
Sincerely,
W. Corey Basinger, Regional Supervisor
Water Quality Regional operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
Cc Mooresville Regional Office - Enforcement file
NPDES Compliance/Enforcement unit - Enforcement File
State of North Carolina I Env tonnrerital Qulity I water Rci puree
10 Feat Center Avenue, Suite 301, Mooresville, NC 28l 1

DMR REVIEW Cis
Mooresville Regional Office
Facility, Name: Pleat Creek WWTP Permit Number: NC0020737
Report Period: June 2017 PriorAssessments- -t EnforcementFactor- 1 O-0
WWaterodyr
Outfall Outfall Description Waterbody Name- Classification
001 Effluent to Buffalo Creek Buffalo Creek C
Monthly Average Limit Violations
Sample Location: Outfall 001 - Effluent
Violation Unit of Limit Calculated % Over
Date Parameter,,,, Frequency Measure Value Value Limit Action
r"30/2017 µArsenic, Total (as As) Monthly ugh 152L20 202 02.7
Weekly Average Limit Violations
Sample Location: Outfall 001 m Effluent
Violation Unit of Limit Calculated % Over
Date Parameter Frequency Measure Value Value Limit Action
/2412017 Solids, TotM Suspended - 5 X week mgIt 45 71.90 50.8
Concentration
40*C-41—
Daily Limit Violations
Sample Location: Outfall 001 - Effluent
Violation
Unit of
Limit
Calculated
% Over
Date
Parameter
Frequency Measure
Value
Value
Limit
Action
6/1512017
Arsenic, Total (as As)
Monthly ugtl
18420
202
0.7
6J2112017
Chlorine, Total des;Wu al
5 X week ug/I
26
36,50
30:
No Action, BpJ
Mer ViolarioxsStaffa
Page t of

Supervisor Remarks:
- 6
Completed by. � d Date: �
Assistant Regional
Supervisor Sign -off: Mate:
Regional Supervisor �
Sign -tiff: late:
Page 2 of

Prior 12-Month Enforcement Histor
Permit Number: NCO020737
Report Perio& June 2017
Limit Violation
Sample Location:
Violation Report
Violation
Date Period
Parameter
Type
NOD NOV
CPA
8/31M16 B-2016
Thalfium, Total (As TI)
Monthiy Average
NOV-2017-LV-0319
SP-2017-0003
Exceeded
Sample Location:
Ouffall 001 - Effluent
Violation Report
Violation
Date Period
Parameter
Type
NOD NOV
CPA
10/3112016 10-2016
Wrogen, Ammonia Total (as
Monthly Average
NOV-2017-1-V-01 38
N) - Concentration
Exceeded
Other Violation
Sample Locatiow
Violation Report
Violation
Date Period
Parameter
Type
NOD NOV
CPA
4/6/2017
Violation detected
NOV-2017-PC-0250
HOMBEHEM

THE CITY OF ]KINGS MOUNTAIN
P.O, BOX KINGS MOUNTAIN, NORTH CAROLINA 28086 704-734-tit33
October 6, 2017
W. Corey Basinger r .E
DWR, NCDE ,
610 East Center Ave., Suite 301
Mooresville, '*IC 28115
S 4 ect; Notice of ViolationResponse
Tracking dumber: NOV-2017-LV-0652
Dear Mr. Basinger,
Pilot Creek WyVTP received NOV-2017-LV-0652 on October 6, 2017. The City of Kings Mountain would like to
provide additional information regarding the noted violations:
• 6/1/2017: Buckeye Fire Equipment was found in violation for exceeding permitted limit on arsenic. An
NOVwas issued by the City of Kings Mountain for this violation.
s Steag SCR -Tech discharged higher than normal results for arsenic on 6/7/17 (1, 2lbs/day) ,and 6/14/17
(1.24lbs/days). Although Steag did not exceed their limit for arsenic, the higher than normal discharge
combined with Buckeye's NOV to cause the WWTP to exceed our allowance for arsenic.
a 6/21/2017: An operator error led to an overload in the POTW's 93 system. Operators were asked to begin
drawing down system #f4 for cleaning. luring this time, the operator failed to properly seal the basin
effluent. This allowed flow to continue into the clarifier from which we were pumping which resulted in
solids washing out of the final clarifier into the chlorine contact chamber. We reviewed the standard
operating procedure with the employee's and disciplined accordingly.
This incident was reported to NC DEaattention Ori Tuvi , on 6/21/2017 at 2:05 p.m,,
Remedial actions were taken as soon as the POTW became aware of each incident. For this reason, we request
that you consider waiving any civil penalty for these violations:
Sincerely,
Ricky Duncan
City of Dings Mountain
Water Resource Director
The HiStorical City

Violator: Citv of Kin s fountain
Facility dame: Pilot Creek WWTP
Permit Number: NCO020737
County: Cleveland
Case Number: L - 1 -030
ASSESSMENT FACTORS
l 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 duration and gravity of the violation;
r
p
The effect on ground or surface eater quantity or quality or ou air quality
n
The cost of rectifying the damage
The amount of moneysaved by noncompliance:
t
h Whether the violation was committed willfully or intentionally
The prior record of the violator in complying or failing to comply with programs over which the
Environmental Management Commission has regulatory authority; and
t1 1 • gust 2017)
# sbo
The cost to the Mate of the enforcement procedures:
$105.22
7
Date W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ