NC0020737_Enforcement_20090126

January 26,
CERTIFIED MAIL 7007 1490 0004 4510 1667
RETURN RECEIPT RE +( UESTEI)
?Marilyn Sellers. City„ Manager
City of Kings Mountain.
Post Office Box 429
Kings Mountain, North Carolina 28086
SUBJEC"
Dear Ms. Sellers:
Be -0y Eaves Perdu& Governer
tle l ree tart„ (r4
r as'a(S^ra c ,,. art t l sv r.ra2eetfi n4.
C;ialee t Ei ` u fins, Director
DtvisirrtcIt`L'uter: Quality
Notice of Violation and Assessment of Civil
Penalty for Violations of N.C. General Statute
113-215.1(a)(6) and NPDES Permit No. NC0020737
Kings .Mountain Pilot Creek WWTP
Cleveland Cout ty
Case No. TV-2009-0023
This letter transmits a Notice of V iolat
of $583.64 (S500.00 cis'
Mountain.
nd assessment of cis°il penalty in the amount
penalty + $83.6 l enforcement costs) against the City of Kings
This assessment is based upon the following
self -monitoring data reported for September 2008..E
be in violation of the discharge limitations found in N.
violations are summarized in Attachment A to this letter.
Based upon the above facts, 1 conclude as a matter of law that the City of Kings Mountain
violated the terms, conditions, or requirements of NPDES Permit No. NC0020737 and North
Carolina General. Statute (G.S.) 14 3-215.1(a)(6) in the manner and extent shown in Attachment
A. A civil penalty= may be assessed in accordance with the maximums established by G.S. 1=13-
2 l 5.6A(a)(2 ).
Based upon the above Endings of fact and conclusions of lv, and in accordance with
authority provided by the Secretary of the Department of EnvirnmentSurface and
l ral Resou'r frce on
and the Director of the Division of Water Quality, 1, Robert B.
Regional Supervisor for the Mooresville Region, hereby make the following civil penalty
assessment against the City of Kings Mountain:
v has been conducted of the
ias shown the subject facility to
Permit No. NC0020737. The
;Mocresvtlte. Reg,i
{ n Lerner: �Vv.;ti;�4._Il aV111CP}jl?.�:l'
ton uf Water Quality
t Center. Ave,
Prole 04-663-169'9
Fax 4.d1d _ -6040
,-HP +i i Gera Post Consumer Paper
n

0..00
500.00
For of the one (1) violation of G.S. 143-
215.1(a)(6) and NPDES Permit No. NC0020737, by
discharging waste into the waters of the State in
violation of the permit daily maximum effluent
limit for cadmium.
For of the one (I) violation of G.S. 143-
215.1(a)(6) and NPDES Permit No. NC0020737, by
discharging waste into the waters of the State in
violation of the permit weekly average effluent limit
for cadmium,
500.00 TOTAL CIVIL PENALTY
83.64 Enforcernent costs.
583.64 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. 14313-
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 violations;
(2) The duration and gravity of the violations;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifYin.g the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violations were committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs
over which the Environmental Managetnent Commission has regulatory authority;
and
(8.) The cost to the State of the enforcement procedures.
Within thirty days of receipt of this notice, you must do one of the fc. . ving:
Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment
and Natural Resources (do not include waiver firm), Payment of the penalty will
not foreclose further enforcement action .for any continuing or new violation(s).
Please submit payment to the attention of;

Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
2. Submit a written request for remission including a detailed justification for
such request:
Please be aware that a request for remission is !United to consideration of the five
factors listed below as they may relate to the reasonableness of the amount of the
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 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 Quality at the address listed below. In
determining whether a remission, request ‘vill be approved, the following factors
shall be considered:
(1) whether one or more of the civil penalty assessment factors in G.S. 143B-
2811(b) were wrongfully applied to the detriment, of the petitioner;
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 information presented in support of your request for remission
must be submitted in writing, The Director of the Division of Water Quality will
review your evidence and inform you of his decision in the matter of your
remission request. The response vill provide details regarding 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.

in order to request remission, you must complete and submit the enclosed
Waiver of Right to an Administrative Hearing and Stipulation of fact
w ithi.n thirty (30) days of receipt of this notice..1.., ae, f)ivision of Water
also requests that you complete and submit the enclosed "Justification fo
l etnission Request," Both forums should be submitted to the follovvtng address:
Point. Source Cornpliance/`E-nforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh. North Carolina 276 )-1617
OR
File a petition for an administrati hearing with the Office of
Administrative Hearings:
if you wish to contest any statement in the attacltcaf assessment document y eau
must tile a petition for an adnairtistrati e hearing. You may obtain the petition
tr>ttt from the Office of Admix istraUve lfcarin.„s. You must file the petition with
the Office of Administrative llearitats within thirty (30) days of receipt of this
notice. A petition is considered filed wha:.n it is received in the Office of
.Administrative Hearin s during normal office hours. The Office of
Adaninistrative Hearings accepts filings Monday through Friday between the
hours of 8:00 a.m. and 5 00 p.m., except tier official state holidays. The original
one (1) copy. of"the petition must be tiled wit. the t)f:f ee of Administrat.ile
' s. The pet itit n may be faxed — provided the on final and r ne copy of the
d in the Office of. \dministrative Flearing,s N.ithin five (5)
husiness dayLLs follraw°ing the faxed transmission. 1 he mailin.r address for the
cc of Administrative Hearings is.
f A.dn tini_st.rat.le ariaags
6714 Mail SerN°ite Center
North Carolina 27699-6714
e: [phone] Facsimile: (91{)) 73 3-3478
A copy of the petition. must also be served on E)E NR as follows:
Ms, Mary. Penny `1 h_ornpson General Counsel
Department of Ens ironment and Natural R::sources
1601 Mail. Service Center
Raleigh, North Carolina 27699-1601
Please indicate the case number
petition,
and on page one of this letter f on the

operatic)t
you may
about th
()unlitrc
Failure tra c creise one ra the options above within thirty ( t) day o! receipt f this letter,
as evidenced ban internal date/thine received stamp n t a nostt ar .',, Will rL ult iz lai latter
being referred to the Attatrae y Getter, I is Office for collection of the penalty through a ci
actiof,.
Please be advised that a
iod of this assess'
an r1c)r maintenance pr hl
Dish to consider applying
penalty assessment o
coon staff ol`the Mooresvi'.
rha rya
'FS
may be assessed fir "Iola ti arrs drat occur after
if the viola ti in; are of a continuing. nature, rc t rclat d to
nd you anticipat remedial construction a ti itiess then
a Special Order by (onset. if" °t tr have a Y questions
h\ Consent, t Eea e ctantact that mat e
Reg
Water coal% Region ral Super*,
Compliance/Eider ot File
Cietatral Files Aid attachments
e at 70 166m3-1 .
Reber t 1. Krebs
Regional Supervisor
rarfac ter Protection
'sum oi
Regional Office
ual it
or r attachments

ATTACHMENT
CASE NO. TV-2009-0023
Ourfall ParameterReported Value
001 Cadmium 1 6,0l 'I
001 Cadmium 1:.5 [. g/L, 6.1 1_
Denote e r 1 penal s e ster t
(Daily' maxi ur.
'Weekly average.)

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATUP„AL RESOURCES
COUNTY OF CI EVELA.ND
IN 'HIE MXITER OF ASSESSMENVT
OF CIVIL PENALTY AGAINST
CITY OF KINGS MOUNTAIN
PFRMFI NO. NC0020737
WAIVER OF RIGHT T() AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. LV-2009-0023
Having been assessed civil penalties totaling S583.64 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated January 26,.2009, the undersigned,
desiring to seek remission of the civil penalties, 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 he ,submitted to the Director of the Division of
Water Quality within 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
ADDRESS
°TELEPHONE
2009

IUSTIFICA .7. ON FOR REMISSION REQUEST
DWQ Case Number: IN-2009-0023
Assessed Party: The City of Kings Mountain
County: Cleveland
Permit Number: 'NC0020737
Amount Assessed: $583.64
Please use this form When requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver ()_f.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 inevaluating your request for
remission. Please be aware that a request for remission is limited to consideration ofthe rive 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 onlywhen one or
more of the following five fractors applies. 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) ne or more of the civil penalty assssrnent factors inN,C.G,S, I 43 I322.1( b) were
wrongfully applied to the detriment of the etitioner (the assessment tors are listed in the civil
penalty' aSSCSSMent CIOCUMCM„);
(b)
the violator promptly abated continuing environmental damage resulting, from the
violation ti,e,„ explain the steps that you took to correct the violation and prevent ,licture
occurrences):
(c) the violation was inadvertent or a result of an accident ri„ e., explain why, the violation
wasunavoidable or something you could not prevent or prepare/or):
(d) th.e violator had not been asseiviLpcnaties for any previous violations
(e) mment of the civil. rienalty will prevent payment for the remaining necessaiy
ferried i al act ions (7, e. explain how payment of the civil penalty will prevent yo(1 from perlbrming the
activities necessary to achieve compliance),
EXPLANATION: (use cpages as necessarg

Violator:
Facility:
County:
NORTH CAROLINA DIVISION OF WATER QUALITY
ASSESSMENT FACTORS
The City of Kings Mountain
Kings Mountain Pilot Creek WWTP
Cleveland
Case Number: LV-2009-0023
Permit Number: NC0020737
I) 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;
The cadmium daily maximum concentration of 16.0 lAg/L on September 24, 2008,
exceeded the permit limit of 15.0 pg/L In addition, the cadmium weekly average
concentration of 13,5 ;AWL for the week ending September 27, 2008, exceeded the
permit limit of 6.1 nit_
2) The duration and gravity of the violation;
The cadmium daily maximum permit limit was exceeded by 6.6% on September 24, 2008
whereas the cadmium weekly average permit limit was exceeded by 121.3% for the week
ending September 27, 2008. The permittee had reported < 2.0 tigit. cadmium
concentrations in the effluent from the WWTP from the beginning of the month until the
week ending September 20, 2008 in which they detected 4,0 and 5.0 nil_ on two
sampling dates. The next sampling after the permit limit violations on October 3, 2008
detected a cadmium concentration of 2014/L,
3) The effect on ground or surface water quantity or quality or on air quality;
The effect on the receiving stream is unknown as in -stream monitoring of cadmium is not
required by the permit. Cadmium is considered as a toxic substance to aquatic
organisms and the water quality standard for Class C freshwater is 2,0 kig/L. The Kings
Mountain Pilot Creek WWTP discharges into Buffalo Creek, which is classified as C
waters in the Broad River basin,
4) The cost of rectifying the damage;
The cost is unknown.
The amount of money saved by noncompliance;
The amount of money saved by noncompliance is unknown,
6) Whether the violation was committed willfully or intentionally;
The Division of Water Quality has no evidence that the violations were committed willfully
or intentionally. A review of the influent cadmium concentrations at the WWTP found the
highest concentration was 7.0 ug/L on September 19, 2008.

Date
The prior record of the AttMato r in complying or failing to co ply with programs
over which the Environmental Management ement o fission has regulatory authority;
and
There have been 13 other CPAs against the City of Kings Mountain for the Pilot Creek
TP during the Ilfe of the permit with no CPAs having been issued in the past twelve
months.
The cost to the State of the en
The cost to the Mooresville regional 0ffl e was $8164.
lSuperSupervis
Division of WaeQuality'

MONITORING REPORT
Permit: a14
Facility Name, `6
Major Minor:
R) VIOLATIONS for:
MRs Between:
Param Name: %.
and
Region: Mooresville
County: `4
Violation Category: Limit viola
Subbasim %
Reapwrr t7aEe. 71E)20.),9 0.i je 7 art 23
Progr arat Category. 94
Violation Action: %
PERMIT: NC0071528
FACILITY. Lake Norman Woods Homeowners Association - Lake
Norman Woods WWTP
Limit Violation.
MONITORING OUTFALL 1
REPORT PRI
09 -2008
09 _2008 001 E[tlrtent f;hlortre T ta6'' Reuidranl
09: - 2008 001 Effluent C,htor r`w Total Residual
09.20.08 001 Effluent Chlorine, Total Residual
09-2008 001
GATION PARAMETER
Effluent
Chlcarirae„ T)ta
Effluent Chlorine, Total Residual
VIOLATION
DATE r RLQUENCY
09/04108 2 X week
09/08/08 2 X week
09/12/08 2 X week
09124/08 2 X week
0l3CSCCa[3 2 X week
UNIT OF
MEASURE LIMIT
ugll 28 ;31
ugll 28 :37
ug/I 28 ,3C]
ug/I 28 29
ug/I 28 33
UNTY: Catawba f t I N: Mooresville
C'Ad..CIJL.AT`LC
VALUC
VIOLATION 1"Y:PE.
VIOLATION ACTION
Daily M.axi norn Ex.w(Nled None
Daily Maximum Exceeded None
Daily Maximum. [s7 r€)eded None
Daily Maximum Exroeded None
Daily Maximurrr Exceeded None
PERI`IT: NC0004685 FACILITY: PPG Industries Fiber Glass Products Inc PPG - Shelby COUNTY: Cleveland REGION: Mooresville
facility
Limit Violation
MONflC)RING OUTFALL
RP 0
0
PPI LocATIow PARAMETER
002 Effluent
e, Tot 0 Residual
VIOLATION
DATE FREQUENCY
IJNVT OF
MEASURE]
09/18/08 Semi-onnually u,gll
PERMIT: NC0020737
LimitVViolation
FACILITY:
MGNIT(.. i OUTLALL/
REr'f 13T CPI I.00ATIC)N PARAMETER
09 - 2008 001 Effluent Car,1n•1lum„ Total (as t. d)
09.-2008 001 Effluent
- Pilot Creek WWTP
VIOLATioN
DATE r-REiNCY
0°/24i1:7[l Weekly
Cadmium, Total (as Cd) 09/27/08
tNIT OF
MEASURE
ug/l
LIMIT
CALCULATED
VALUE
VIC)IAH0N TYPE
V101„0.FION Alt HON
28 34 Doily Mwiximurn Exceeded None
COUNTY: Cleveland REGION: Mooresville
LIMIT
• 15
CALE;ULATED
VALUE �Ici
16
6 1 13.5
VIOLATION TYPE
Ply 91,axhnluln Fxce tided
9
VIOt.AT I1 0 ACTION
None"
None