NC0020737_Enforcement_20181205

r, r
Ricky C Duncan
City ofKings Mountain
PO Box 42
Kings Mtn, NC 28086
January 02, 2019
Subject: Payment Acknowledgement for Civil Penalty Assessment
Pilot Creek WWTP
Cleveland Count
Permit NCO020737
Case No. LV-2018-0293
Dear Mr. Dune
This letter is to acknowledge receipt of Check No, 19890 in the amount of $1,610.46 received from you elated
1 ` 2t11 . This payment satisfies in full the civil assessment levied against the subject facility and this ease has been
closed, Payment of this penalty in noway precludes future action by this Division for additional violations of the
applicable statutes, regulations, or permits.
If you have any questions, please czdl Wren Thedford at 919-707-6301.
Sincerely;
Wren Thedf rd
Administrative Assistant,
Water Quality Permitting Section
Mooresville ROgional Office Supervisor
,JAW
North Garohna Department of Environmental Quality I Dwision of Pater Resources
o East Center Avenue, Suite 301, MooreswHe, NC 28115
704-663-1699

Certirted Mail # 7016 1370 0000 2595 7122
Return a2eee Est Re e t �t
December 05, 2018
Ricky C Duncan
City of Kings Mountain
PO Box 429
Kings, Mtn, NC 28086
SUIBJECTNotice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S) 143-215.1(a)(6)
and NPDES WW Permit No. NCO02073 7
City of Kings Mountain
Pilo t Creek WWTP
Case No. LV-2018-0293
Cle-veland County
Dear Mr. Duncan:
This letter transmits a.N-otice of Violation and assessment of civil penalty in the amount of $1,610.46 ($1,500.00 civil
penalty -� $110.46 enforcement costs) against City of Kings Mountain.
This assessment is based upon the following facts: a review has been conducted of the Discharge Monitoring Report
(DNIR) submitted by City of Kings Mountain for the month of September 2018. This review has shown the subject
facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES WW PermitNo-
NC0020737. The violations, which occurred in September 2018, 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 WAT Permit No, NCO020737 and G.S. 143-215. I(a)(6) in the manner and extent shown in
Attachment A. In accord�ttice with the maximums established by G.S, 14 3-21 S,6,A(a)(2), a civil penalty may be
assessed against any.person who violates the terms, conditions or requirements of a permit required by G.S:
143-215,1(a).
North Carolina Depaqrnent of Er won 'Qualty � Divisbn of Water Resources
61.0 East Center. venue, Suae,401., Mooresville, NC23115
70463-1699

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, Moore svi lie Regional Office hereby make the following civil penalty assessment against
City of Kings Mountain:
$1,500�QQ I 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 NijEff'en,,Ammonia
Total (as N) - Concentration
$j-90.AQ TOTAL CIVIL PENALTY
SI 1 {1,1_46 Enforcement Costs
$1I�ktQ�46 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. 143B-282,1(b), which area
(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;
(21 ) 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 rectify,ing the damage;
(5) The amount of money saved by noncompliance;
(6) Wbether 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 Ore enforcement procedures.
Within thirty (30) days of receipt of this notice, you must 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 Department of Envirc)nmental Quality (do not include iwarver
fiortq), Payment of the penalty will not foreclose further enforcement action for arty continuing or new violation(s).
Please submit payment to the attention of.,
Wastewater Branch
Division of Water Resources
t617 Mail Service Center
Raleigh, North Carolina 2"7699-1617

Optitm2: Submit a written request for remission or mitigation including a detailed justilication 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 adirrinistrative 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 perialty, assessment factors in NCGS 14311-282. 1(b) was wrongfully
applied to the detriment of (he petitioner;
(2) whether the violator promptly abated continuing environmental damage resultingfirom. 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.
Plea ' se 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 inform you of his decision in the matter of
your remission request. flie 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 infortnation 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 carder to,reuest remission yoq_aqstgoat fete _ pbubmit the enclosed "Regttest for Remission of Civil Penalties,
_
Waiver of to an Administrative ULL rid
,&,,a%LStjpqlation cifF ls" form with in tb iq 3 0 dra of rq pf f this _
notice. fhe Division of Water Resources sts alsqjequetha
t -ni millet e and submit the enclosed "'Justification for AtyL
Remisspon Request.",
Both forms should be submitted to the following addresse
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

Ovtion3: File a vetition for an administrative heart ne with the Office of,Xdministrative 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 Of 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 Monda, ,v through Friday between the hours of 8.0 a.m. and 5:00 p.m., except for official state
holidays. The petition maybe filed by facsimile (fax) or electronic mail by unattached 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 fit the
Office of Administrative Flearings within seven (7) business days following the taxed or electronic transmission. You
should contact the Office of Administrativrimwith l u- —1 ig fee and/or the details of the
all -411esti oils ngding the fi ln_
The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows:
6714 Mail Service Center
Raleigh,'NC 2769,9 6714
Tel- [phone]
Fax: [phone]
One (1) copy of tire 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 27699-1601
Please indicate the case number (as found on page one of this letter) on the petition.
Failure to exercise one of 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 Trivia with the Division of Water Resources staff of the Mooresvi Ile Regional
Office at [phone] or via email at ori.tuvia,@nedem.gov.
Sincerely,
W, Corey Basinger, Regional Supenisor
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 RENMISSION REQUEST
Case Number: LTA- 2018-0293 County: Cleveland
Assessed Party: City of Kings Mountain
Permit No.: NCO020737 Amount Assessed: 5j �61 0.46
Please use this form when requesting remission of this civil penalty, You must also complete, the "Request For Remis'sion,
Waiver of Right to an Administrative Hearing, and Stipulation ofFay tas'' 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 nett 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, § 14313-282, 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 -die civil penalty assessment factors in N,C,G.S. 1,4313-282. I(b) were wrongfully applied to the
detriment of the petitioner (the assessmentfactors are listed in the civil penalty assessment documen4,);
(b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the
steps ttat you took to correct the violation andpreventfuture oecurrence.$)
(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 orpreparefi)r);
(d) the violator had net been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for tire remaining necessary, remedial actions 0,e,, explain
how payment Qf the civil penalty will prevent youftom performing the activities .necessary to achieve
complianc).
EXPLANATION:

STATE F NORTH CAROLINADEPARTMENT OF ENT QUALITY
COUNTY OF CLEVELAND
IN THE MATTER OF ASS SSN*,NT WAIVER OF RIGHT TO AN
L r�^'IL PENALTIES AGAINST ADMINISTRATIVE
STIPULATION OF FACTS
City of plugs Mountain}
Pilot Creek WWT '
FlavinFlaving been assessed civil penalties totaling $1,,610.46 for violation(s) as set forth in the s s meat document of the
Division of Water Resources dated December er l 8, 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 eater Resources within thirty 0) clays
of receipt of the notice of assessment. No new evidence in support of a remissiort request will be allowed after (30) days
from the receipt of the notice of assessment.
"['his the. ._ . __ — _ day of �::.� � � �_ tl

ATTACHMENT A
City of Kings Mountain
CASE NUMBER, LV- 91 -0 9
PERMIT: NCO0 0
I
Mooresville
FACILITY: Pilaf Creek WV11TP
COUNTY:
Cleveland
LIMIT VIOLATION(S)
SAMPLE LOCATION: Outfall 001 - Effluent
Violation Report
Unit of Limit Calculated % Over
Violation Penalty
Date MonthNr Parameter
Frequency Measure Value Value Limit
Type Amount
9/301 9 t 9- t119 Nitrogen, Ammonia
s X week rngil 2.60 3.58 377
Monthly 'l o (3ti OO
Total (as N) -
Average
Concentration
Exceeded

Limit Violation
Sample Location'. Outfall 001 - Effluent:
Violation
Report
Violation
Date
Period
Parameter
Type
NOD NOV
CPA
512212018
5- 018
Arsenic, Total (as As)
Daily Maximum
NOV-2018-LV-0631
LV-2018-0221
Exceeded
5t3l/201
5-2018
Arsenic, Total (as As(
Monthly Average
NOV-2018-LV-0631
LV-2018-022
Exceeded
911612017
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
9/30/2017
9-2017
Nitrogen, Ammonia Total (as
Monthly Average
NOV-2018-LV-0029
LV-2018-0022
N) - Concentration
Exceeded
Monitoring Violation
Sample Location Outfall 001 - Effluent
iolaflon Report Violatlon
Date Period Parameter Type NOD NOV CPA
1213012017 12-2017 Nitrogen, Ammonia Total (as Frequency Violation NOD-2018- V-0010
N) - Concentration

Completed by Date
Assistant Regional
Stipervisor Sign -off: Date
Regional Supervisor
Sign -off: Date
Page 2 of 3

Facility Name Riot Crp@KWWTP
Permit Number-,
NCO020737..
Report Period-, _2018
Prior t
Enforcement Factor: 1,1
1JWa€erbody
Outfall # OutfWl Description
Walerbody Nerve
Classification
001 Effluent to Buffalo Creek
Buffalo Creek
C:
thly Average Limit Violations
SampleLocatiom Outf ll 001 w Effluent
Vioialion
Unit of
Limit
Calculated
%Over'
Date Parameter
Ffequency
Measure
Value
Value
Limit
Action
130/2018 Nitrogen, Ammonia Total (as N) _
S X week
mgit
260
3.60
37:7
Concentration
Daily Limit Violations
rrlpleL ocat ion: s utf ll 001 W Effluent
Violation
Unit of
Limit
Calculated
% Over
Date Parameter
Frequency
Measure
Value
Value
Limit
Action
914/2018 Chlorine. Total Residual
5 X week;
u61t
28
31
10.7
No Anion. BPJ
,16i2018 Chlorine, Total Residual
5 X week
ug/l
28
31
1 t1 7
No Action BPJ
912112018 Chlorine, Totai Residual
5 X week
tr dt
28
34
21.4
No Action, BPJ
a

FILE
Cetlified .; 1370 #t
80992W
Rid(; C Duncan
City of Kings Mountain
PO Box 429
Kings Mtn,, NC 200
SUBJECT: NOTICE OF VIOLATION & INTENT TO IVIL PENALTY
Tracking Number: NO'V-2018-LV-0791
Permit No. NCO020737
Pilot Creek WWTP
Cleveland County
Dear Mr. Duncan;
review of the September 2018 Discharge Monitoring Report (DMR) for the subject facility revealed the
violation indicated below,
Limitfxceedance Vigl tiow.
Sample Limit Reported
Location Parameter Date Vallee "Valor Type of Violation
001 Effluent Nitrogen, Ammonia Total (as 9/30/2018 2.6 3,58 Monthly Average Exceeded
- Concentration (CO610
Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina General
Statute (f3:S®) 143-215.1 and the facility's I PDES WW Permit. Pursuant to G.S. 1 3-215. A. a civil penalty of
not more than twenty-five thousand dollars (25p000.00) 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 G.S.-
1 3-21S.1.
r
North Carolina Department of Eraveronmenta& QUalo ( Division of''rAt tFr ReSOLI eS
610 East Center Avenue, Srote 301, Mooresvtlle, NC 28118

0640"NSPOW40 wit WN 0, ro 0010101A.
- I I - I•V- - - --
RePolI You Will then bie notified of any dVil penalties that may be msessed regarding the violabris. if
response is received in this Office within the 10day period, a civil penalty as6essnrient thay be
prepared.
Z=
Doc uSigned by:
A14CC681AF27425.,.
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
4� �KQ��'�'�
North Carolina Department of Environmental Quality I Division of Water Resources
610 East Center Avenue, Suite 101, Mooresville, NC 28115
704-663-1699

Violator: City of Kings Mountain
Facility Name: Pilot Creek W T,p
Permit umber: 'VC O020737
County: Cleveland
Case umber: V-201 -11293
ASSESSMENT FACTORS
t) The degree and extent' of harm to the natural resources of the State, to the public health, or to private
pro erty ;resulting from the violation
The duration and gravity of the violation;
) The effect on ground or surface water quantity or quality or on air quali
) The cost f rectifying the damage;
) The amount of money saved by noncompliance;
044'"��
6) Whether the violation was committed willfully or intentionally;
Itly- 4-0
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
May 2018 - 1 belly + Monthly "Arsenic / NOI
September 2017 - 2 w e ly 1 monthly Ammonia / NOI

The cast to the State of the enforcement procedures.
$110.46
Enforcement Cost.
1 hour staff time..;....., .,.. ..... .— ...... .......... 7.7�4
1 hour supervisor time ............. : s.,......-......,., .....,. 57.7
Administrative /CO stiff cost ...............
., . .....,, 15.00
Total enforcement cast $110.46
Date W. Corey Basinger, Regional fiup i isor
Water Quality Regional Operations Section
Mooresville Regional Office,
Division of Water resources, NCDEQ

Laserfiche
THE CITY OF KJNGS MOUNTAIN
l
Certified Mail . �,0r"
November 28, 2018
W. Corey Basinger
DWR, NC E
610 East Center Ave., Suite 301
Mooresville, NC 28115
Subject: Notice of Violation Response
Tracking dumber.NOV-2018-LEA-0791
Clear Mr, Basinger;
Pilot Creek WWTP received', the above mentioned NOV dated November 19, 2018 on November 27, 2018.
Violations for this notice were found exceeding ammonia nitrogen monthly average limit on September 30, 2018
The following explains the cause of the non-compliance:
On August 22nd of 2018, the MLSS in the #1 system begin to dramatically decrease to 1000mg L. In order
for efficient treatment, the MLSSinthis system should be between 4000 mg/L-6000m /L. September
11 , 2018 the MLSS was analyzed and showed results of 224 mg/L. Operators immediately begin seeding
#1 system with #4 system.. After seeding the system, #1 basin MLSS was showing 3900mg/L at the end of
October. All analyzed results have returned back to proper operating levels.
Remedial actions took place as soon as the P TWV became aware of the situations, Cue to immediate action, the
facility did not experience any other non-compliance from this event.
i beiieve the frequency rat wasting was too nigh during the surnmer months, which resulted in the low MLSS
concentrations in the #1 system. In the future, we will increase the monitoring for MLSS from twice a week to five
times a week to ensure that we remain compliant with our permit and to more efficiently operate our WWTP,
If you need further information, or wish to discuss, please contact myself or Richelle Meek at 704-739-7131 ,
Sincerely,
Ricky Duncan
City of Kings Mountain
Water Resource Director
The Historical City