NC0020737_Regional Office Historical File Pre 2018 (13)

ROY C1OPE1
Governor
MICHAEL & Seamy",
L1NDA CULPEPPER
Director
Certified Mail # 7tt1.8 0360 0002 2099 1451
Return Receipt Requested
Ricky C Duncan
City of Kings Mountain
PCB' Box 429
Kings Mtn, NC 28086
NORTH CAR LINA
Efxtranmentsi Quality
November 08, 2019
SUBJECT; Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.. l(a 6..
and NPDES WW Permit No, NC0020737
City of Kings Mountain
Pilot Creek WNW -FP
Case No. LV-2019-0317
Cleveland, County
Dear Mr. Duncan:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount o
penalty + $110.46 enforcement costs) against City of Kings Mountain,
10.46
2,000.00 civil
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 August 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. August 201.9, 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, 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).
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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:
$500,00 2 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 Arsenic, Total (as As)
$1,500.00 1 of 1 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 Monthly Average for Arsenic, Total (as As)
$2.000,00 TOTAL CIVIL PENALTY
$110A6 Enforcement Costs
$2,110.46 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty 1 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 t • 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 noncon.ipliance;
(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 enforcetnent 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 writtenrequest 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 :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 27699-1617

Option 2: Submit a written request for remissionor itigation 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 itt 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 assessrnent 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 Nvriting. 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 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 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,
ln order to request remission, you must complete and submitthe 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. The Division of Water Resources also requests that you complete and submit the enclosed "Justification for
Remission Request."
Both forms 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 hearing with the Office of Adininistrative 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 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 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 a forts a d. the fili 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 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 the options above within thirty (30) days of receipt ofthis 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 Mooresille Regional
Office at [phone] or via email at [e-mail].
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-2019-0317
Assessed Party: City of Kings Moun
Permit No.: NC0020737
Co ty: Cleveland
Amount Assessed: $2,110.46
Please use this form when requesting remission of this civil penalty.. You must also complete the "Request For Remission,
Waiver of Right to an 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 NCGS.§ I 43B-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 ofsupporting 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-22.1' were wrongfully applied to the
detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the violation .e., explain the
steps that you took to correct the violation and preventfiaure occurrences):
(c) the violation was inadvertent or a result of an accident (i.e_, explain 'why the violation was unavoidable or
somethingyou 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 (i.e., explain
how payment of the civil penalty will prevent you from performing the activities necessary to achieve
compliance),
EXPLANATION:

STATE OF NORTH CARO1 SA DEPARTMENT OF F, ONMENTAL QUAL
COUNTY Of CLEVELAND
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
City of Kings MonMountain
Pilot Creek WINTP
PERMIT N , NC0020737
OF RIGHT TO AN
NIS - TINE •
ST LATION OF FACTS
CASE NO. LY-201-017
G
Having been assessed civil penalties totaling $2,110.46 for violtio(s) as set forth in the assessment document of the
Division of Water Resources dated Nov -ember 08, 2019, 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 is 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
ADD '.SS
IT ATURE
TELPHoN

PERMIT: NC0020737
FACILITY: Pilot Creek t
ATTACHMENT A
City of Kings Mountain
CASE NUMBER: LV- 019 0317
VIO TION(S)
SAMPLE E LOCATION: Outfall iE Effluent
Violation Report
Date th/Yr Parameter
REGION:, r r vide
COUNTY: Cleveland
limn of Limit Calcula =. % Over Violation Penalty
Frequency Measure Value Value
snit Type Amount
8/8/2019 8-2019 Arsenic, Total ( s As) Monthly ugh 184.20 200 8.6 Daily
8/15/2 1 8-2019 Arsenic, Tote
Maximum
Exceeded
Monthly ug/1 20
I g 5- 019 Arsenic, Tote l (as As) Monthly
210
14.0 wily
Maximum
Exceeded
152.20 205 34.7 Monthly
Average
Exceeded
.60
6250.t

ROY COOPER
Cevror
MICHAEL S. REGAN
Seca ry
LINDA CULPEPPER
Certified Mail # 7018 0360 0002 2099 1451
Return Receipt Requested
November 08, 2019
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 NPDES WW Permit. No. NC0020737
City of Kings Mountain
Pilot Creek WWTP
Case No. LV-2419-031.7
Cleveland County
Dear Mr. Duncan:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $
penalty + $1 10.46 enforcement costs) against City of Kings Mountain.
ti .46
2,000.00 civil
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 August 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 August 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 Vv"W 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(aX2), a eivil penalty may be
assessed against any person who violates the terms, conditions or requirements of a permit required by G.S.
143-2 15,1(a).
Dposoon of Wow Resourroes

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, I, W. Corey
Basinger, Regional Supervisor, Mooresville Regional Office hereby make the following civil penalty assessment against
City of Kings Mountain:
$500.00 2 of 2 violations of G.S. 143-215.1(aX6) and Permit No, NC0020737, by discharging waste water
into the waters of the State in violation of the Permit Daily Maximum for Arsenic, Total (as As)
$1,500.00 1 of 1 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 Monthly Average for Arsenic, Total (as As).
$2,000.00 TOTAL CIVIL PENALTY
$110.46 Enforcement Costs
$2,110.46 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 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 committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programover 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 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: Sub 't 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 27699-1617

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 all 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 inform 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 Cornmission'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. Therefore, 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 submit the enclosed "Request for Remission of Civil Penalties,
Waiver of Rig to an Administrative Hearina„ and Stipulation of Facts" form.jyjjj'3Odasofreceit withinof this
notice. The Division of Water Resources also requests that you complete and submit the enclosed " usfficati
Remission Request"
Both forms 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 or an d • trative hearine with the Office of Administrative Hearino;
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 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 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 re ardin 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 671.4
Tel: [phone]
Fax: [phone]
One (I) 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 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 may be assessed for violations
that occur after the review period of this assessment.
you have any questions, please contact Or i Tu.via with the Division of Water Resources staff he
0.ffice at [phone] or via email at [e-mail].
Sincerely,
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
kFTACFfMENTS
Cc: WQS Mooresville Regional Office - Enforcement File
NPDES Compliance/Enforcement Unit - Enforcement File
Regional

JUSTIFICATION FOR REMISSION I�QIJEST
Case Number: LV-2919-0317
Assessed Party: City of Kings Mountain
Permit No.: NC0020737
County: Cleveland
Amount Assessed: $2,110.46
Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission,
Waiver of Right to an 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 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. 143B-282.1(b) were wrongfully applied to the
detriment of the petitioner (the assessment factors are listed in the civil penalty, assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the violation e., explain the
steps that you took- to correct the violation andprevent,future occurrences);
(c) the violation was inadvertent or a result of an accident .e., explain why 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 (i.e., explain
how payment of the civil penalty will prevent .you from performing the activities necessary to achieve
compliance).
EXPLANATION:

STATE OF NORTH CAROLFNA DEPARTMENT OF FNVIRO ENTAL QUALITY
COUNTY OF CLEVELAND
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
city of Kings Mountain
Pilot Creek TP
PITRMIT NO. NC0020737
WAIVER OF RIGHT TO AN
MINIS .TWE HEARING AND
STIPULATION OF FACTS
CASE NO, LV-2019-0317
Having been assessed civil penalties totaling $2,110.46 for violation(s) as set forth in the assessment document of the
Division of Water Resources dated November 0$, 2019, the undersigned, desiring to seek remission of the civil penalty, does
hereby waive the right to an administrative hearing in the above-smted 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 he 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 NNti I be allowed after (30) days
from the receipt of the notice of assessment.
This the day of
ADDRESS
„4„
SIGNATURE
TELEPHONE

PERMIT: NC0020737
FACILITY: Pilot Creek
ATTACHMENT A
City of Kings Mountain
CASE NUMBER: LV-2019-0317
REGION: Mooresville
COUNTY: Cleveland
LIMIT VIOLATION(S)
SAMPLE LOCATION: Outfall 001 - Effluent
Violation Report
Date lificinthifr Parameter
Unit of Limit Calculated % Over Violation
Frequency Measure Value Value Limit Type
8/8/2019 8-2019 Arsenic, Total (as As) Monthly upti 184,20 200 8.6 Daily
Maximum
Exceeded
8/15/2019 8-201h 9 Arsenic, Total (as As) Monthly dad 184.20 210 14.0 Daily
Maximum
Exceeded
Penalty
Amount
250.00
$250 00
8/3112019 8-2019 Arsenic, Total (as AM Monthly ugh 152.20 205 34,7 Monthly S1,
Average
Exceeded
11

Facility Name: Pilot Creek WWTP
Report Period: August 2019
DMR REVIEW RECORD
Mooresville Regional Office
Prior Assessments:
Permit Number: NC0020737
Enforcement Factor: 1.00
Duffel! # Duffel! Description
Waterbody Name
001 Effluent to Buffalo Creek Buffalo Cree
Waterbody
Classification
Monthly Average Limit Violations
Sample Location: Outfall 001 - Effluent
Violation
Date Parameter
Unit of Limit Calculated % Over
Frequency Measure Value Value Limit Action
8/31/2019 Arsenic, Total (as As)
Daily Limit Violations
Monthly ug/l 152,20 205 34.7
Sample Location: Out -Effluent
Violation Unit of Limit Calculated % Over
Date Parameter
Frequency Measure Value Value Limit
Action
8/8/2019 Arsenic, Total (as As)
Monthly ug/I 184,20 200 8.6
8/15/2019 Arsenic, Total (as As)
Monthly ug/1 184,20 210 14.0
Other Violations/Staff Remarks:
Supervisor Remarks:
NO I
Completed by:
Assistant Regional
Supervisor Sign -off:
Regional
Supervisor Sign -off:
OottuSignodhw
Tuvi a
"---BB057A2DE017498...
DocuSigned by:
-
A14CC861A.F2742S
Date:
Date:
Date:
10/4/2019
10/7/2019

Permit Number: NC002073
it Violation
'rior -Month En +orcement History
Report "eriod: August -019
Sample Loe tion Ou all 0►01 - Effluent
Violation► Report
Date Period Parameter
Violation
Type
NOD
NOV
CPA
k/2018 9-2018 Nitrogen, Ammonia Totai (as
Ni _ Concentration
Other Violation
Monthly Average
Exceeded
Violation Report
Date Period Parameter
Violation
Type
10/1 /2018
10/ 18o-/2018
6/2018
NOV-2018-iLV-091 LV-2018-0293
NOD
NOV
CPA
Violation detected
during inspection
Violation detected
during inspection
Violation detected
during inspection
NOV-2018-PC-0410
NOV-2018-PC-0410
NOV-2018-PC 0 410

THE CITY OF MINGS ,/",~~.
P/]BOX 429~ KINGS MOUNTAIN, NORTH CmmOLQ«a280m6 ° 704734*33a
Certified Mail
October 22,2019
m1Corey Basinger
DVVR,MCDE[l
61OEast Center Ave,Suite 3OI
KHoorseviUe,N[]81lS
Subject Notice ofViolation Response
Tracking Number MO\-20I9-LV'O721
Dear Mr. Basinger,
Pilot Creek WVVTP received the above -mentioned NOV dated October 7, 2019, Violations for this notice
have been found exceeding arsenic daily max and monthly average limits. Daily max exceeclances was
found on 8/8/2019 and 8/15/2019, with the monthly average exceeded also, We believe a few different
events caused the exceeclance, Listed below are the findings of the investigation:
Midge flies have become anissue atPilot Creek, the plant iscurrently treating for this
infestation. Midge flies consume sludge inthe aeration basins causing amextremely low MLSS.
Cormetech was discharging arsenic higher than normal. Results were provided from Cormetech
that stated arsenic was analyzed internally with results asfollows:
Samp,le Date
mx*raAnAs|nterua
Result
Flow Total
from Day
(Gal/Day)
Wednesday, August 7, 2019
Thursday, August 8, 2019
Friday, August 9, 2019
Thursday, August
8.51
No Data
2,30
75,000.00
'
50,
45,000�QQ
Weight ufArsenic
Discharged
1.86
0.47
No Dato
G�8O
1,43
�
0.21
* Shealy Data
Proper mixing in the basins at the facility has been an issue for some time now. The City isinthe
process of addressing the power issue we have currently in order to allow more power at the
plant tooperate mixers inthe aeration basins.
F/K4 data from the beginning of August to date has decreased significantly.
The Historical City

The following corrective actions have taken place to address the non -co
POTW is treating the ride fly issue with "Aquabac and Ru juice" from Aquafi , Inc:.
The pretreatment department is completing weekly sampling at Cormetech to determine the
amounts of arsenic (and all other parameters) that are discharged from the facility,
The PTW is working with the electric department and Duke Energy to address the power
coming into the plant, Quotes have been received on the mixers:
Adjustments have been made in hopes of increasing the F/M at the plant.
Arsenic sampling results yielded 140 ugh. on / / 0 (acceptable r
ults)
If you need further information, or wish to discuss, please contact Richelle lea k ar 7r-7-71 1,
Sincerely;
Ricky Duncan
City of Kings Mountain
Water Resources/Lake Director

SION OF WATER
ESO
CES-Cz
MALTY ASSESSMENT
Violator: City of rings Mountain
Facility Name: Pilot Creek WWTP
Permit Number: NC0020737
County: Cleveland
Case Number: LV-2019-0317
ASSESSMENT FACTORS
1) The degree and extent of
property resulting from
2) The duration and gravi
S .xtS fa
arm to the natural
volation;
lation;
sources of the State, to the public health, or to private
3) The effect on ground or suyrface water quantity or quality or on air quality;
/4k
4) The cos.
ifying the damage;
) The amount of money saved by noncompliance;
6) Whether the
iation 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 1 year review (August 2018 — August 20
9-2018 Ammonia Monthly Average NOI (N©V-2018-LV-0791) / CPA (LV-2018-0293)
9)

The cost to the State of the enforcement pr du s
$110.46
Enforcemen Cost.
1 hour staff time.... ..$ 37.74
1 hour supervisor tune ..... ........................ . ........ $ 57.7
2
Administrative /C staff cost._ . .... ...:........ _ 15.04
Total enforcement cost 110.6
Corey ire <'e° Regional Sup nor
liter Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ