NC0020737_Enforcement_20180921

October 02, 2018
Ricky C Duncan
City of Kings s Mountain
PO Box 429
Kings Mtn, 1C° 28086
Subject: Payment Acknowledgement for Civil penaltyAssessment
Pilot Creek WWTP
County Cleveland
Permit NCO020737
C rr. LV-210 1
Dear Mr, Duncan;
This letter is to acknowledgerec&ipt ofC Check No. 19000 in the amount of $1,860.46 received rortr you dated
/ 11201, ; This payment satisfies in full the civil assessment levied against the subject facility and this case has been
ctosed. Payment of this Itenalty in no way precludes future action by this Division for additional violations of the
applicable statutes, regulations, or permits.
If you have any questions, 1 e call Wren Thedford at 919-707-630L
Sincerely,
Wren edCortl
Administrative Assistant
'water Quality Pennitting Section
ec; Enforcement file # L- 1 1
Mooresville Regional Office ice Supervisor
Nortb Wohna Department of Enwronmentm QLairty ! Division of Water Resources
610 East Center Avenue, scene 301.E Mooresville, NC 28115
704-66,3-16139

NORTH CAROUNA
ROY COOPER Enwre"Ontal Qv"fy
N11CHAEL S_ REGAIN
sorrymy
LINDA CL7LPEPPER
Inmra* Dtwor
Certified Mail # 7016 1370 0000 2596 0337
R1UKn__RS0iRtHggMe
Ricky C Duncan
City of Kings Mountain
PO Box 429
Kings Mtn, NC 28086
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2018-LV-0631
Permit No. NCO020737
Pilot Creek WVVTP
Cleveland County
Dear Mr. Duncan:
A review of the May 2018 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s)
indicated below:
Urn AJE�x �nce V�mlatiq�$
Sample tiit Reported
Location Parameter Date Value Value Type of Violation
001 Effluent Arsenic, Total (as As) (01002) 5/22/2018, 184.2 200 Daily Maximum Exceeded
001 Effluent Arsenic, Total (as As) (01002) 5/31/2018 152,2 190 Monthly Average Exceeded
A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted Violation of North Carolina General
Statute (G.S.) 143-215.1 and the facility's NPDES WW Permit. 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 C.S.
143-215A,
North Carolina Department of Enwonwent al Qua Ry I DwlsionofWeterpeswurctls
610 East Center Avenue, Suite 3G1, MooresvMe, NC 28115
704,-663-1699

, 1— .—.� " "77Vwe5= 717775777-Pease 7071:77�7777=
Mociresville Regional Office at 704-6634699.
Sincerely,
DocuSigdied by:
A14CC681AF27425.,.
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regk)nal Office
Division of Water Resources, NCDEQ
Cc: WQS Mooresville Regional Office - Enforcement File
NPDES Compliars ce/Enforoement Unit - Enforcement File
North Carolina Department of Environmental Quafity I Division of Water Resources
610 East Center Avenue, Suite 301, Mooresville, NG 28115
704-663-1699

FILE COPY
ROY COOPER
Goer
XHCaAEL S; Cr4Ai
Secyat y
" CULPEPPER
."werf irEe'ro
Certified Mail # 70161370 0000 2596 0351
Return Receipt Requested
Dicky C,Duncatw
City of Kings Mountain
PO Box 429
Kings Mtn, NC. 28086
Environmental Quality
September 21, 201
SUBJFCT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (Ci.S.) 143-215,1(a)(6
and NPDES Vv"W Permit No. I Ct 02073
City of Kings Mountain
Pilot Creek WWTP,
Case No. LV- 01 -0221
Cleveland County
Dear Mr. Duncan:
This letter transmits a Notice of Violation and assessment of civil penalty in the ai ount of $1, 0. 6 ($1,750.00 civil
penalty + $110,46 enforcement costs) against City of icings Mountain.
This assessment is based upon the following facts a review has been conducted of the Discharge Monitoring Report
(Dyr R) submitted by City of Dings Mountain for the month of May= 2018, This review has shown the suNect facility to
be in violation of the discharge: limitations and/or monitoring requirements found in NPDES WW Permit No,. 3CO020737®
The violations, which occurred in May 2018. are summarized in Attachment .A to this letter.
Based upon the above facts, I conclude as a matter of law that City of Dings Mountain violated the terms, conditions or
requirements ofNPDES WW Permit No. NC.t 020737'and G.S. 1 3-315.1(a)(6) in the manner and extent shown in
Attachment A, In accordance with the maximums establisher) by G.S. 143-215.6A(a)(2), a civil penalty may be
assessed against any person who violates the terms, conditions or requirements of permit required by G.S.
143-2 15.l(a
North Carolina Department of Environmental Quality ( Division of Water Resources
610 East Center Avenue, Sulte Sol, Mooresville, NC 28115

Based 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, 1, W. Corey
Basinger, Regional Supervisor, Mooresville Regional Office hereby make the following civil penalty assessment against
City of Kings Mountain:
$250.00 1. of I violations of G.S. 143-215, l(a)(6) and PeitNo. NCO020737, by discharging waste water
into the waters of the State in violation of the Permit Daily Maximum for Arsenic j2jA!jAiAsh,
00 � 0 0 1 of I violations of G.S. 143-215.1 (a)(6) and Permit No. NCO020737, by discharging waste water
into the waters of the State in violation of the Permit Monthly ,average for Arsenic, Total fa s Asj
$1,L50.00 TOTAL CIVIL PENALTY
1110.46 Enforcement Costs
$1�,86QA6 TOTAL AMOUNT DUE
Pursuant to G.S. 143-21 5.6A(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 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 cornmitted 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 must do one ofthe following:
(1) Submit payment of the penalty, OR
(2) Submit a written request for remission, OR
(3) Submit. a written request for an adm i n istrative hearing
Option 1: Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environmental Quality (do not inclutle waiver
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

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 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 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 143B-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 inforill 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 requestt 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 r uest remission, !�Losqd eq -,�RMtjgsjf f Cor Remission of Penalties _
Waiver of Rij-it to an Admjj tratawL Flearulland Sti receipt of this
notice. The Division of Water Resources also re nests that rou complete and subnvit the encicas d "Justification for
Remission Reuest�"
Both forms should be submitted to the following address:
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Rai ei gh, North Carolina 2 7699- 1617

Option 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. dministrative bearings 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 to 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 faxed or electronic transmission. You
should contact the Of of Administrative Hearings with all questions re garding the filing fee and/or the details ofthe
filinn process.
The mailing address and telephone and fax numbers for the Office of Administrative Hearings are asfollovvs.
6714 Mail Set -vice 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
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 maybe assessed for violations
that occur alter 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.tuviaCq�mcdenr.gov.
Sincerely,
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
ATTACHMENTS
Cc: WQS Mooresville Regional Office - Enforcement File
NPDES Compliance/Enforcement Unit - Enforcement File

JUSTIFICATION FOR REMISSION REQUEST
Case Number- LV-2018-0221 County: Cleveland
Assessed Party- City of Kings Mountain
Permit No.: 1' CO020737 Amount Assessed: JLB60.46
Please use this form when requesting remission of this civil penalty. You must also complete the " eqzteslFarr Remission,
ff"aiver of Right to an Adininistrative Hearing, and Stilmlation of Facts' form to request rernission 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
staternents contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 14313-282. 1, (c), remission of a civil
penalty maybe granted only when one or more of the following five factors apply. Please check each factor that you
be] ieve 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. 14313-282. I(b) were wrongfully applied to the
detriment of the petitioner (the assessinentfactors are listed in the civilarch altv a.s�sessment documeno-,
(b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., eApIam, the
steps that you took to correct the violation and preventfitture occurrences);
(c) the violationwas inadvertent or a result of an accident (i.e., explain why the violation was, unavoitlable or
something.you could not prevent or preparefor);
(d) the violator had not been assessed civil penalties for any previous violations-,
(c) payment of the civil penalty will prevent payment for the remaining necessary, remedial actions (i.e., explain
howpctyment of the civilpenalty will prevent .-votiftom performing the activities necessary to achieve
compliance),
EXPLANATION:

STATE OF NORTH C"AROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY<
COUNTY CIE +CLEVELAN
I
IN THE MATTER OF ASSESSMENT WAIVER OF \.dFHT TO A
OF CIVIL PENALTIES AGAINST ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
City of Dings Mountain
Pilot Creek WWTP'
PERMIT NO. NC"i 020737 ) CEASE NO. LV-2018-0221
Having been assessed civil penalties totaling 1 (9.46 for violation(s) as set forth in the assessment document ofthe
Division of Water Resources dated September 21 ?0I „ 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 thirty (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 ,'d__
SIGNATURE �.
ADDRESS
TELEPHONE

ATTACHMENT A
City of Kings Mountain
CASE NUMBER: LV- 1 -0 1
PERMIT: N l0207 7
REGION:
oor vilta
FACILITY: Pilot Creek WWTP
COUNTY:
Cleveland
LIMITVIOLATION(S)
SAMPLE LOCATION: Outfall 001 a Effluent
Violation Report
trait of
Limit
Calculated % Over
Violation
Penalty
Cate MonthtYr Parameter
Frequency Measure
Value
Value Limit
Type
Amount
5/2d tl18 5- 018 Arsenic, Total (as As)
monthly ugtl
184.20
Zug 8,6
€ ally
5000
Maximum
Exceeded
518112018 5-201 Arsenic, Total (gas As)
Monthly argil
152,20
190 24.8
Monthly
$1,500.00
Average
Exceeded

Facility NamePilot Creek
Report Period`. MW, 2018
DM REVIEW RECORD
i I I e Regi onal Offit
Prior Assessments
Permit Number: 1
Enforcement
terbody
Outfall # + utfall Description
Waterborly Name
Classification
001 Effluent to Buffaici Creek
Buffalo Creek
Monthly Ave limit Violations
SampleLocatlon: Outf l 1001 - EffIu t
Violation
Unit of Limit
CAlculated
% Over
Crate Parameter
Frequency
Measure Value
Value
Limit
Action:
6181120 t8 Arsenic, Total gas As)
Monthly
ugil 152,20
190
24.8
Daily Limit Violations
Sarnplel-ocation: Outf l 1001 - EfIu `tt;
Violation
Unit of bmit
Calculated
%Over
Bate Parameter
Frequency
Measure Value
Value
t EmS
Action
5122/2018 Arsenic, Total (as As)
Monthly
ugt6 184.20
200
8.6
513/2018 Chlorine, Total Residual
5 A week
ugli 28
31
107
No Action, BPJ'
•iltilIn
Page 1 of

Completedby: Date:
Assistant Regional'
ervi Sign -oaf ` Date
Regional Sipervisor
gn-tsff. Cate;
Page 2 of

Permit Number: NCO020737
Limit Violation
Sample Locatiom Outfall 001 -Effluent
kepat Period.- M*I=
Violation
Report
Violation
Date
Period
Parameter
Type NOD NOV CPA
6115/2017
6-2017
Arsenic, Total (as As)
Daily Maximum NOV-2017-LV-0652 LV-2017-0302
Exceeded
612412017
6-2017
Solids, Total Suspended -
Weekly Average NOV-2017-LV-0652 LV-2017-0302
Concentration
Exceeded
6/3012017 6-2017 Arsenic, Total (as As) Monthly Average
Exceeded
NOV-2017-LV-0652 LV-2017-0302
713112017
7-2017
Arsenio, Total (as As)
Monthly Average NOD-2017-LV-0106
Exceeded
9116/2017
9-2017
Nitrogen, Ammonia Total (as
Weekly Average NOV-2018-LV-0029 LV-2018-0022
N) - Concentration
Exceeded
912312017
9-2017
Nitrogen, Ammonia Total (as
Weekly Average NOV-2018-LV-0029 LV-2018-0022
N) - Concentration
Exceeded
9130/2017
9-2017
Nitrogen Ammonia Total (as
Monthly Average NOV-2018-LV-0029 LV-2018-0022
N) - Concentration
Exceeded
Monitoring Violation
Sample Location: gqlLalt ot11 - Effluent
Violation Report Violation
Date Period Parameter Type NOD NOV CPA
12/30/2017 12-2017 Nitrogen, Ammonia Total (as Frequency Violation NOD-2018-MV-0010
N) - Concentration
Other Violation
Sample Location
Violation Report
Violation
Date Period Parameter
Type
NOD NOV CPA
711912017
Violation detected
NOV-2017-PC-0512
during inspection
711912017
Violation detected
NOV-2017-PC-0512
during inspection
711912017
Violation detected
NOV-2017-PC-0512
dudng mspection
Page 3 of 3

„
THE CITY OFKINGS MOUNTAIN
serfiche
w
..,
Certified Mail # 7017 2400 00010053 2950
Y
- k`11100Et:Z v
W. Corey Basinger
Division of rater Resources, NC E
610 East Center Ave., Suite 301
Moorseville, SIC 2811
.Subiect. Notice of Violation Response
Tracking Number: NOV-2018-t -0631
Permit No. NCO020 ?37
Dear Mr. Basinger,
The City of Kings Mountain received NOV-2018-LV-0631 on 8/29/2018.
Issuance of the NOV was due to exceeding arsenic limits (daily max and monthly average), The City^ believes during the time of
these violations, the fallowing occurred:
The City investigated all Sitl's in order to determine the origin of the arsenic results found at our facility, inuring our
investigation, Cormetech (formally Stem SCR -Tech) produced the highest arsenic discharge, Cormetech's permitted limit for
arsenic is 2.2 lbs/day, The average release of arsenic from Coremetech, dating January —May, 2015, equated to 80911g/t These
results were received from Cor etech's H)MRs; During the City`s sampling event on 04/18/2018, the arsenic level was 1„758
pg/L:
The Cit 's Waste WaterTreatment Plant has increased wasting and belt press operations in order to remove the amount o
metals in our process. The most recent effluent testing results (,august 2018) revealed arsenic at 140 pg/i,
The City performed the second semi-annual sampling event for this year on 08/01 2018 at Cormetech This sample revealed'
arsenic levels in the amount of 14,000p /t. The pretreatment Department has determined that lowering the current arsenic:
hmit for Cormetech will assist in compliance with: the City's NPDFS permit. We have spoken with Cormetech and stressed the
importance of remaining compliant with their permit limits. We plan to sample their discharge more frequently to ensure they
meet the limits of their permit /a Notice of Violation has been sent to Cormetech for arsenic. Additional violations by
Cormetech will result in fines determined per the City"s ERP:
Should you have any questions, please let me know,
Sincerely,
Ricky Duncan
City of Kings Mountain
"stater Resource fdis'ecadr The Historical City

RESOURCES - CIVIL PENALTY ASSESSMENT
Violator: Cily of :sings Mountain
Facility Name: pilot Creek WWTP
Permit Number: NCO020737
`county: Cleveland
Case Number; LIV-2018-0221
ASSESSMENT FACTORS
:
t) the degree and extent of harm to the natural resources of the State, to the public health, or to private
property g
resultir� from the violation;
The duration and gravity of the violation;
The effect on ground or surface raster quantity or quality or on air quality; � rr
~~
The cost of rectifying the damage; .;
) The amount of money saved by noncompliance;
UkAlv�:::
) Whether the violation was committed willfully or intentionally;
f ,( If,
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
June 2017 — 1 Daily+ 1 weekly + 1 monthly Limit violation = NOI ( Enforcment
July 2017 — 1 Monthly limit violation = NOD
September 2017 weekly + 1 monthly limit violations = Pi l/ Enforoment

The cast to the State of the enforcement procedures.
:
10-4 a Enforcement Cost:
1 hour staff time.; 37.7
1 hour supervisor tune;,. .. . ...... .......:. .......::........ $5T72
Administrative /CO staff cyst.,.,, ........... ................. 15,o
Taal enforcement cast $ 11.46
1) to _ W. Corey Basinger, Aegional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
�le ..,