NC0020737_Enforcement_20180205

COOPER
NlICHAEL S. REGAN
WaterResources LRNDA CULPEPPER
VM909MEWAL OVAOTY
February 23, 2018
Ricky C Duncan_
City of Kings Mountain
PO Box 429
KingsMtn, NC 28086
Subject: Payment Acknowledgement
Civil penalty Assessment
Pilot Creek
County Cleveland
Permit N
Gass No,LV-2018-0022
Dear Mr Dun
°h1S letter to to acknowledge receipt of Check No. 16 in the amount of $2,105.22 received t your dated
2/51201& This payment satisfies in full the civil assessment leviedagarmit the subject facility and this case has been
closed. Pa nut rut of this penalty In no way -precludes future attract by this Division for additional violations of the
applicable statutes, regulations, or permits,
f your have any questions, please ll Wren "l h d drd at 1 - a 1
Sincerely,
Jcot�4�4
Wren Thedford
Administrative Assistant
Water Quality Permitting Section
Enforcement brie LV-2018-0022
Mooresville Regional Office Supervisor
Central Files
State of NoftCarolwa 1 Fimiurumutal Quality [ Water Resources
610 EastCenter Avenue, Sutte 30t, Moomvills, NC 28115
704-663-1699

ROY COOPER
Gavvrwr
,j\,,jjCHAEL S. REGAN
ecrel ..
VV0 ter Resources
s"viqc,Nf40tTAL QUAUTY
Certified Mail # 70161 70 0000 2595 7467
turn eeei 1e ueted
February , 05, 201
Ricky, C Duncan
City of Kings Mountain
PO Box 42
Kings Mtn, NC 2 086
SUBJECT: Notice of Violation and Assessment of Civil penalty
for Violations of North Carolina General Statute (G. )143- 1 .I(a)( )
and NPDES 4ry W Permit No, NCO020737
City of Kings Mountain
Pilot Clreek f
Case No. 1,V-2018-0022
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,(lflt ,00 civil, penalty
+ $105.22 enforcement costs) against City of Dings Mountain.
This assessment is fused upon the following facets: a review has been conducted of the Discharge Monitoring Report
(t MR) submitted by City of Dings Mountain for the trtonth of September 2017. This review has shown the subject facility
to be in violation of the discharge limitations and/or monitoring requirements found in NPDES WW Permit No- fit 002t173T
_I.he, violations, which occurred in September'20t 7, are summarized in Attachment A to this letter.
Based upon the above: facts, I conclude as a matter of law that City of Kings Mountain violated the terms, conditions or
requirements, of NPDES WW Permit No, 'vlt2077 and Ct.. 13-21 5. t . l a in the manner and extent shown in
Attachment A. In accordance with the maximums established by G.S. 1 Jm215,nAtat(2), a civil penalty may be assessed
against any person who violates the terms, conditions or requirements ofa permit required by G.S. 1 _21 5. I(a).
Rased upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary,
of the Department of Environmental Quality and the Director of the Division of Water Resources, I, W. Corey Basinger,
Regional Supervisor, Mooresville Regional Office hereby male the following civil penalty assessment against City of Icings
Mountain:
State, of North Carolina ( �jir(nrnegataj Quajl t), ,'s later Resources
10 E&q Center Avenue, suite 30 t, Mooresville, NC 28114
704_ 3-1699

IJKQQ 1 of the I violations of 143-215. 1 (a)(6) and Pen -nit NoCO020737, by discharging wastewater into
the waters of the State in violation of the Permit Monthly Average for N113-N - Cone. 19
J50Q00 I of the 2 violations of 143-215 . I (a)(6) and Permit No,NC0021073 7, by discharging waste water into
the vvaters of the State in violation of the Permit Weekly Average for N-n3-N - Cone,
L2 00.0.00 TOTAL CIVIL PENALTY
$j0LZ?, Enforcement Costs
$2 1 TOTAL AMOUNT DUE
Pursuant to GS. 143-215 .6A(c), in determining the aniount 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. I (b), which are:
(1) '['be 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 (30) days of receipt of this notice, you rimst do one orthe following;
(1) Submit payment of the Penalty, OR
(2) Submit a written request for remission, OR
(3) Submit a written reqoest for an administrative hearing
Option 1: Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environmental Quality (clo not include waiver
,form). Payment, of the penalty will not foreclose further enforcement action for arty continuing or new violation( ).
Please submit payment to the attention of-.
Wastewater Branch
Division of Water Resources
1617 Mail Service ("enter
Raleigh, North Carolina 27699-1617

V
Option 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 penalt,,,, C�
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 arequest 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 stateluent 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 a remission request will be approved, the following factors shall be considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 143 B-282.1(b) was 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 evidence 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 infer 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 riot 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 rernnis ion,y ou roust Bonn late and submit . the en�tqsL ed �Req est for Remission of Qy—flPonati�e-s , _ _ _ -_u—
Waiye,L--,)f Right to an dministrktivg Hearin �and �Aiubition of J= acts"_Lorrn within thirty�3QJAa s of
Remission Re oast.''
Both fornis should be submitted to the following address -
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

Option 3: File a petition for an administrative
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 tile 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.rn. and 5:00 p.m., except for official state
holidays. The petition maybe 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 byNCGS § 1 50B-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 Office of Administrative and/or the details of the
filjqrows.
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 DEQ as follows-,
Mr. William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, North Carolina 2 7 699 -16 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 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 you have any questions, please contact Ori Tuvia with the Division of Water Resources staff of the Mooresville Regional
Office at [phone] or via email at ori.tuviaCapicdenr.gov,
Sincerely,
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDFQ
AT'l-ACHMENTS
Cc: WQS Mooresville Regional Of - Enforcement File
NPDES Compliance/Enforcement Unit- Enforcement File

rJUSTIFICATION FOR REMISSION RFOUESI
Case Number: LNI-2018-0022 County. Cleveland
Assessed Party. City of Kings Mountain
Permit No.: NCO020737 Amount Assessed: $2 J0512
Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission,
Waiver of Right to anAdininistrative Hearing, and Sh.?ulation 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 cis it 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. I(c), remission of a civil
penalty, may be granted only when one or more of the following five factors apply. 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. 143 B-282, l(b) were Wrongfully applied to the
detriment of the petitioner (the assessmentfactors are listed in the civilpena/q, assessment docuinen),
(b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the
stel.)s thatyou took to correct the violation and preventfuture occurrences,)'-
(c) the violation was inadvertent or a result of an accident (Le., explain w4y the violation was unizvoidable or
something you could not prevent or pre pcare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment t*or the remaining necessary remedial actions (i.e., explain
hear payinent of the civil, enaltr, will prevent'youftom perlbrining the activities necessary to achieve
coftij)lianee�),
EXPL. NATION:

I
STATE OF NORTH CAROLINA DEPAATM ENT OF ENVIRONMENTAL QUALIFY
COUNTY OF CLEVELAND
IN THE MATTER OF ASSESSMENT WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ADMINISTRATIVE HEARING A."
STIPULATION OF FACTS
Cit-
y of Kings Mountain
Pilot Creek WWTP
PERMIT NO. 1' CO020737 CASE NO. LN"-2018-0022
Having been assessed civil penalties totaling _J2,105,Z Z for violation(s) as set forth in the assessment document of the
Division of Water Resources dated I`cbruary 05,21OL8, 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 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 Resources within thirh, (30) days
of receipt of the notice oft sessment. 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

ATTACHMENT
City f Kings Mountain
CASE It L" - -0 22
PERMIT: NC0010137
Mooresville
COUNTY: Cleveland
LIMIT iT VIOLATION(S)
SAMPLE PL LOCATION:
tfall 01 1 - ff cent
Violation Deport
Unit of
Limit
Calculated
% over
Violation
Penalty
Date onth[Yr
Parameter
Frequency
Measure
Value
Value
Limit
Type
Amount
911512017 9-2017
Nitrogen., Ammonia
5 X meek
mg l
7�80
5.45
&5
'Meekly
$0.00
Total (as N) -
Average
Concentration
Exceeded
912 f2017 9-2017
Nitrogen, Ammoni
5 X week
rng11
7,80
13,8
75.9
Weekiy
500D
Total (as ) -
Average
Concentration
Exceeded
9/3012017 9-2017
Nitrogen, Ammonia
5 X week
nmg/t
2.60
7,37
183.5
Monthly
$1,50000
Total (as 1 -
,Average
Concentration
Exceeded

Facility Mama, lailot Creek WWTP
P r'mtt Number- NCO020737
Resort P it t° STLernber 2Q
Prinr is
1,
Enforcement Factor: .w1,0
4aterbrtdy
Cutfall # Outfall Desorption
+,1w°aterbody
Ngrna;
Ciassifncation
001 Effluent to buffalo Creek
Buffalo Creek
Monthly Averaqe Limit Violations
Sample L ocatiom Outfall 001 - Effluent
Vioiation
Unit of
L mat
Calculated
% Over
Date Parameter
Frequency
Measure
Value
Value
t tmd ,Acbo
91301 017 Nitrogen, Arran oma fatal (as N) _
5 X week
migli
2,60
7,40
183
crrcentratonn
Weekly Averarle Limit Viotations_
SampleLocatiw 21utt i[ 001 - Effluent
Violation
Unit of
Urnit
Calcutated
% Over
Crate Parameter
Frequency
Measure
Value
Value
Limit Action
911612017 Nitrogen, Arm onra Total (as N) _
5 X week
e g/I
7,80
&50
8 3
Concentration
912312017 Nitrogen, Arramoma,Total (as N) _
a X week
alga°1
7 80
13 80
76 g
Concentratron
Page 1 of

Completed by; Date.
As§stant Regional
Sipervisor Sign-aff, Date,
Regional -%pervisor
Sign -off: Date:

Prior 12-Month Enforopment HiA2ry
Permit Number: NCO020737 Report Period, SWtgirdbp(20l7
Sample Location
Ourfaii 001 - Effluent
Violation Report
Violation
Date Period
Parameter
Type
NO NOV
CPA
1013112016 10-2016
Nitrogen Ammonia Total (as
Montrity Average
NOV-2017-LV-0138
N) - Concentration
Exceeded
6/15/2017 6-2017
Arsenic, Total (as As)
Daily Maximum
NOV-2017-LV-0652
LV-2017-0302
Exceeded
6/2412017 6-2017
Sofirls Total Suspended -
Weekly Average
NOV 2017-LV-0652
LV-2017-0302
Concentration
Exceeded
613012017 6-2017
Arsenic, Total (as As)
Monthly Average
NOV-2017,-LV-0652
LV-2017-0302
Exceeded
7/31/2017 7-2017
Arsenic, Total (as As)
Monthly Average
NOD -2017-(-V-0106
Exceeded
Other Viciation
Sample Locavon-
Violabon Report
Violation
Date Period
Parameter
Ty Pe
NOD NOV
CPA
4,16i2017
Vloiation deteGted
NOV2017-PC-0250
during inspection
7119)2017
Violation detected
NOV-2017-PC-0512
during inspection
711912017
Violation detected
NOV -2017-PC-0512
during inspection
7119P2017
Violation detected
NOV-2017-PC-0512
during inspection
Page 3 of 3

ROY COOPER
clomw
S_ REGAN
santvv
Certified Mail # 7016 0000 2595 741
January 1.1, 21
Ricky C Duncan
City of Dings,Mountain
PO Box 2
Dings Mtn, NC 28086
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2018-LV-0029
Permit No. NCO020737
Pilot Creek WWTP
Cleveland County
Dear Mr. Duncan;
review of the September 2017 Discharge Monitoring n Report l for the subject facilityrevealed the
violations indicated below
Sample L i iReported
Location Parameter Date Talus Value Type of'Violation
t Effluent Nitrogen, Ammonia Total (as /1 /2 12 7.8 4 Weekly Average Exceeded
l) - Concentration ( 10
001 Effluent Nitrogen, Ammonia To (as /23/2 1 ` 7.8 118 Weekly Average Exceeded
- Concentration (C 10
001 Effluent Nitrogen, Ammonia Total (a /30/2017 2.6 737Monthly Average Exceeded
r Concentration (C 10
A Notice of Violation/Intent to issue Civil Penalty is being issued for the noted violation of North Carolina General
Statute ,5. 1 3- 15.1 and the facility's NPR 5 WW Permit. Pursuant to G.S. 143-215. A, a cull penalty of
not more than twenty-five thousand dollars ( 25,000.i 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.
1 3-21.5.1.
State of North Cwhna } Environmental Quality f Water Resources
fain East Center Avenue, Suite 301, Mooresville, NC 28115
704-663«I699

if you have any qu0•, oncerning tNs matter or tb apply for an SOC, pl(`ase contact On Tuvia of the
Mooresville Regional Office at 704-663-1699.
Sincerely,
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, ICI EQ
Cc: WQS Mooresville Regional Office - Enforcement File
NPDES Compliance/Enforcement Unit - Enforcement File
State, of North Carolina I Environmental Quality I Water Resourres
610 East Center Averrue, Suite 301, Mooresville, NC 28115
704-663-1699

THE CITY OFKINGS MOUNTAJN
.y R
ta
; v P. . BOX 9 MOUNTAIN, NORTH CAROLI? 2808 � 704-73 0117
Certified Mail # 7014 2120 0004 3693 $ 4
January 24, 2018
W. Corey Basinger
Division of Water Resources, NC E
61 East Center Avenue, Suite 301
oorseville NC 28115
Subject, Notice of Violation Response
Tracking Number: NOV-2018-LV-0029
Permit No. NCO020737
Dear Mr. Basinger,
The City of Icings Mountain has received NO -201-LV-0029 can 1/24/18.,
lssuance of the NOV was die to exceeding permit limits for nitrogen, ammonia weekly/monthly averages. The City
believes during the time of these violations, the aeration basins had turned which resulted in solids washing out.
This caused the plant to experience love amounts of sludge in the basins causing less biological activity, which
affected the ammonia removal rate.
We also discovered the tubing in the effluent sampler had corrosion on it. All operators have been informed to
change the tubing in both the influent and effluent samplers monthly to avoid false readings on sampling results.
The sludge in our aeration basins has returned to normal Levels and the amount of ammonia in our effluent has
decreased to below permit limits.
Should you have any questions, please let me know.
Sincerely;
Ricky ,Duncan
City of Dings Mountain
Water Resources D,rector
The it City

DIVISION OF WATER ESOURCS - CIVIL PENALTY ASSESSMENT
'violator: Cily of Kings Mountain
Facility Name: Pilot Creek WWTP
Permit Number: NCi 020 3
County: Cleveland
Case Number: LV-2018-0022
ASSESSMENT FACTORS
l` The degree and extent of harm to the natural resources of the State, tote public health, or to private
roperty resulting; from the violation;
..
...
The duration and gravity of the violation;
t ..
"
3) The effect on ground or surface water quantity or quality or un air quality;
l The cost of rectifying the damage,
The amount of money saved by noncompliance;
u) 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 regulator-
y authority; and
June 2017 - CPA - arsenic daily max + monthly average; TSS weekly average - LV-2017-0302

i
The cast to the State of the enforcement procedures.
S105.22
1
Date W. Corev B nger, Regional Supervis€►r
'water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ