NC0020737_Regional Office Historical File Pre 2018 (12)

ROY COOPER
00,111W
MICHAEL S. R.EGAN
se,crtiot
LINDA CULPEPPER.
Certified Mail # 7018 0360 0002 2099 151.2
Return Receipt Requested
Ricky C Duncan
City of Kings Mountain
PO Box 429
Kings Mtn. NC 28086
NORTH CAROL NA
Environmental Quality
January 13, 2020
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (Ci.S.) 143-215.1(a)(6)
and NPDES WW Permit No, NC0020737
City: of Kings Mountain
Pilot Creek WWTP
Case No. LV-2020-0026
Cleveland County
Dear Mr. Duncan:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of 230 2,000.00 civil
penalty + $11170 enforcement costs) against City of Kings Mountain.
This assessment is based upon the following facts: a review has been conducted of the Discharge Monitoring Report
(DMR) submitted by City of Kings Mountain for the month of October 2019. This review has shown the subject facility
to be in violation of the discharge limitations and/or monitoring requirements found in NPDES WW Permit No.
NC0020737. The violations, which occurred in October 2019, are summarized in Attachment A to this letter.
Based upon the above facts, 1 conclude as a matter of law that City of Kings Mountain violated the terms, conditions or
requirements of NPDES WW Permit No. NC0020737 and G.S.143-215.1(a)(6) in the manner and extent shown in
Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty may be
assessed against any person who violates the terms, conditions or requirements of a permit required by G.S.
143-215.1(a).
CVO Di** et own*. Eroettot ttv gttatty tko ittA %Vete Ramotttas
Vottoast-,* getvottat Ott tte 610 East Caete Avattua .C.sv301MoottastMtt, Catomta 2e.115
7044S1-189$

Based upon the above findings of fact and conclusions of lavv, 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
Basing.er, Regional Supervisor, Mooresville Regional Office hereby make the following civil penalty assessment against
City of Kings Mountain:
0.00 0 of 2 'violations of G.S. 143-215.1.(a)(6) and Permit No. NC0020737, by discharging waste water
into the waters of the State in violation of the Permit Daily Maximum for Chlorine, Total Residual
$1,500.00 1 of 1 violation of G.S. 143-215.1(06) and Permit No. NC0020737, by discharging waste water
into the waters of the State in violation of the Permit Monthly Average for Nitrogen,Ammonia
Total (as N) - Concentration
$500.00 1 of 1 violation of G.S. 143-215.1(06) and Permit No. NC0020737. by discharging waste water
into the waters of the State in violation of the Permit Weekly Average for Nitrozen, Ammonia
Total (as N) - Concentration
$2,000.00
$1 12.70
$2,112.70
TOTAL CIVIL PENALTY'
Enforcement Costs
TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6.A(c), in determiningthe amount of the penalty Ihavetaken into account the Findings of Fact an.d
Conclusions of Law and the factors set forth at G.S. 143B-282.1(b), which are:
tl) 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 committed. willfully or intentionally;
(7) 'The prior record .ofthe violator in complying or failing to comply with programs over which the Environmental
lvlanagement 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 of the following:
(1) Submit payment of the penalty, OR
Submit a written request for remission, OR
Submit a written request for an administrative hearing
Option I: Submit payment of the penalty:
Payment should be made directly to the order of the Department 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 27699-1.617

Option 2: Submit a written request for remission or mitigation including a detailed justification r 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 ofthe civil penalty' assessed. Requesting remission is not the proper
procedure for contesting whether the vioiation(s) occurred or the accuracy of any of the factual staternents 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 civilpenalty assessment factors in NCGS 1.413B-282.1(h) 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 fir any previous violations: or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions.
Please note that allevidence 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 the case status, directions for paym.ent. 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 request considered by the Director. 'FherefOre, 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 su.brnit the enclosed "Request for Remission of Civil Penalties.
Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty (30) days of receipt of this
notice. Th.e Division of Water Resources also requests that you complete and submit the enclosed "Justification for
Remission Reuuest.
Both forms should be submitted to the following address:
Wastewater Branch
Division of Water Resources
1.617 Mail Service Center
Raleigh. North Carolina 27699-1617

Option 3: File a_petition for an administrative hearing with the Office . 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 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 Administrativ-e
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 byan attached file (with restrictions) - provided
the signed original, one (1) copy and a tiling fee (if a 'filing fee is required by NCGS §150B-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 Office 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:
6714 Mail Service Center
Raleigh, NC 27699 6714
Tel: [phone]
Fax: [phone]
One (1) copy of the petition must also be served on DE,(,) 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
dateltime 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.
lf you have any questions, please contact Ori Tuvia with the Division of Water Resources staffstaffofthe Mooresville Regional.
Office at (704) 66.3-1699 or via email at ori.tuvia((i.,:ricdenruov.
Sincerely,
cuSigoodby
114.4.4411Pz4.1.
elelF1369A2D84A'...1
for
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section.
Mooresville Regional Office
Division of Water Resources, NCDEQ
ATTACHMEN1FS
Cc: WQS Mooresville Regional Office - Enforcement File
NPDES Compliance/Enforcement Unit - Enforcement File

JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV-2020-0026
Assessed Party: City of Kings Mountain
Permit No.: NC0020737
County: Cleveland
Amount Assessed: $2,1 12.70
Please use this form when requesting remission of this civil penalty. You must also complete the "Request for Remtssi n,
Waiver of Right to WI Administrative Hearing, and Stipulation 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 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 cavil
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. 143B-282.1(b) were wrongfully applied to the
detriment of the petitioner (the assessment f ctors are listed in the civil penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the violat
steps that you took to correct the violation and prevent7`uture occurrences);
n
explain the
(c) the violation was inadvertent or a result of an accident (i.e., explain wlfti the violation was unavoidable or
something you could not prevent or prepare for):
(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 ti.e., explain
how payment of the civil penalty will prevent you from performing the activities necessary to achieve
compliance).
EXPLANATION:

STATE OF NORTH CAROLINA DEPART ^ ENT OF ENVIRONIVIENTA1 QUALITY
COUNTY OF CLEVELAND
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
City of Kings Mountain
Pilot Creek WWTP
PERMIT NO. NC0020737
WAIVER F RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
CASE NO: LV- 0 0-00 t
Having been assessed civil penalties totaling $2,112,70 for violation(s) as set forth in the assessment document of the
Division of Water Resources dated January 13, 2020, the undersigned, desiring to seek remission of the civil penalty, does
hereby waive the right to an administrative hearing in the above -stated natter 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 nrust be submitted to the Director of the Division of Water Resources within thirty (30) days
of receipt of the notice of assessment. No new F° 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
ADDRESS
SIC)NATU'I
TELEPI IC)NF

PERMIT: N 00 07 7'
FACILITY. Pilot Creek Tl
T 'VIOLATION(S)
ATTACHMENT
City of Kings Mountain
CASE NUMBER: LV-2020-0026
REGION: Mooresville
COUNTY: Cleveland
SAMPLE LOCATION: Outran 001 - t'fl nt
Violation Report
Date Monthr. Parameter
1012112019 10-2019 Chlorine, Total"
Residual
10/2212019 10 2019 Chlorine, Total
Residual
10/2 (2019 10- 019 Nitrogen, Am amnia
Total (as N)
Concentration
Unit or Calculatr*d % Over Violation Penalty
Frequency Measure Value Valve Limit Type r ount
week ull2
. week ugll 28
5 X week
ngli
7.B0
82
258
100.0 Daily'
Maximum
Exceeded
4 Daily
Maximum
Exceeded
1Areekly
Average
Exceeded
$000
$500
1013112019 10-2019 Nitrogen, Ammonia 5 X week mgl'i 2.0 4.27 +34.2 Monthly
Total (as N) Average
Concentration Exceeded
1 500

THE CITY OF KINGS MOUNTAIN
P.O. BOX 429 s IONOS MOUNTAIN, NORTH CAROLINA 28086 . '70 734-0333
8 0 6C& ti€i0 a 881386
December 17, 2019
W. Corey Basinger
DWR, NCDEQ
610 East Center Ave., Suite 301
Moorseville, NC 28115
Subject: Notice of Violation Response
Tracking Number NOV-2019-LV-0923
Dear Mr. Basinger,
The City of Kings Mountain's wastewater treatment facility, further referred to as Pilot Creek, holds NPDES Permit
No. NC0020737. Pilot Creek WWTP received the above -mentioned NOV dated December 13, 2019. Violations for
this notice were due to exceeding total residual chlorine and ammonia limits.
Chlorine daily max limits were exceeded on 10/21 and 10/22. During both of these events, high amounts of rain
was occurring. Due to the amount of rain, we increased the feed rate for chlorine due to the increase of flow
occurring in the effluent. Once the lab notified the ORC of the non-compliance, chlorine feed rates were reduced.
In the future of high rain events, we will increase monitoring in the chlorine contact chambers in order to
determine if adjustments are needed on the feed rates for sulfur, of each system.
Also listed on the NOV weekly and monthly averages of ammonia were exceeded. These results would be
compliant for the month of November limits set on NPDES Permit No NC0020737, Therefore, we do not feel as
though these levels harmed the receiving stream in any way. This violation was due to sludge Toss in the #3 system.
The WWTP has worked diligently to reestablish solids in the #3 basin at the facility. The #3 system is currently not
discharging until ammonia levels decrease to assure no upset to the receiving stream. We feel as though this
system will be ready for discharge next week,
As always, our number one priority is to maintain a healthy receiving stream for our future.
If you need further 'informatson, or wish to discuss, please contact Richelle Meek at 704-739-7131,
Sincerely,
Ricky Duncan
City of Kings Mountain
Water Resource Director
The Historical City

VISION OF WATER RESOURCES CIVIL PENALTY ASS]
tor: Citv
Name: Pilot Creek WWTF
Number: C04l.077
Clever
iountai
2O2O OO h
ASSESSMENT FACTORS
The degree and extent of bars
property resulting from the violatio
SS,
ENT
resourcesof the State to the public health„ or
Sze documented ttioii=c v r-, the dis tharge c, 't eated effluent i.17 c>.tc°e, s iethee pert
Impact water resources,
The duration and gravity of the violation;
tte a"rz Antic hrrrerrt
The effect on ground or surface water quantity or quality or on air quality;
priv
e
ha the paten ticxl tca ac l
None documented. ;tr owever, the dtsciz rr eof treated elflteerzt recess of the perrrrit llrrrits has the potenflal to adversely
impact water resources,
of rectifying the damage;
'nknown,
The amount f money saved by n ncotmphance
f hlrno n.
6) Whether the viol;
s
ommitted willfully o
expected to he IA crr trztentzetncrl,
rstiona
y;
7) The prior record of the vioatomplying or failing to comply with program s over which the
nvironmental Management Commission has regulatory authority; and
8/201 *2 Daily ax and Monthly average exceeded for Arsenic "/CPA( ' - 01 -LVa07 ll t,V- i - 1')

8) The cost to the State of the enforcement procedures.
1112
1.13.20
Date
Enforcement Cost:
1 hour staff 38,61
1 hour supervisor time S 59.09
Administrative staff cost 15.80
Tratpl FnfnrrPrniant Cnst 11? 7n
OpetiSigned by
A 11 1).44.44
for
F18/ F A24AJ
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ