NC0020737_LV20150235_20161004

Water Resources
ENVIRONMENTAL QUALITY
October 4, 2016
CERTIFIED MAIL 7013 2630 0001 8998 4322
RETURN RECEIPT REQUESTED
Mr. Ricky C. Duncan, Water Resources Director
City of Kings Mountain
P.O. Box 429
Kings Mountain, NC 28086
Dear Mr. Duncan:
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Secretary
S. JAY ZIMMERMAN
Director
Subject: Concerning Your Request to Remit Civil Penalties
Pilot Creek WWTP
NPDES Permit NCO020737
Case Number LV -2015-0235
Cleveland County
In accordance with North Carolina General Statute 143-215.6A(f), the Director of the North
Carolina Division of Water. Resources (the Director) has reviewed your information submitted in
support of your request to remit civil penalties in the subject case ($1,750.00 + $146.97
investigative costs) totaling $1,896.97.
The Director has granted full remission in this case, except for investigative costs (see attached
decision form). Therefore, your outstanding balance totals $146.97. Two options are available to
you at this stage of the remission process:
Two options are available to you at this stage of the remission process:
1) You may pay this balance.
If you decide to pay the penalty, please make your check payable to the Department of
Environmental Quality (DEQ). Send the payment, within thirty (30) calendar days of receiving
this letter, to the attention of:
OR
Ms. Wren Thedford
NCDEQ/DWR/WQ Peir fitting Section
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
State of North Carolina I Environmental Quality I Water Resources
1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919-707-9000

Mr. Duncan
October 4, 2016
Page 2 of 2
2) You may request the Environmental Management Commission's (FMC's) Committee on
Civil Penalty Remissions (the Committee) to make a final decision on your remission
request considering your additional oral input, as warranted.
If payments do not begin within 30 calendar das from your receipt of this letter, or if you miss an
interim payment in violation of the schedule, your current request for remission with supporting
documents and the Director's attached recommendation will be delivered to the Committee on
Civil Penalty Remissions for final agency decision.
If you or your representative would like to speak before the Committee, you must complete and
return the attached Request for Oral Presentation Form within thirty (3 0) calendar days of receipt
of this letter (see attached case -specific Requests). Send the completed form to:
Ms. Wren Thedford
NCDEQ/DWR/WQ Permitting Section
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
If you make such request(s), the EMC Chairman will review the supporting documents and your
request for an oral presentation. If in his/her judgment the Chairman determines that there is
compelling reason to require a presentation, you will be notified as to when and where you should
appear. If a presentation is not required, the final decision will be based upon the written record.
Please be advised that the EMC's Committee on Civil Penalty Remissions will make its remission
decision based on the original assessment amount. Therefore, the EMC may choose to uphold the
original penalty amount and offer no remissions, they may agree with the DWR Director's
remission recommendation detailed above, or the penalty amount may be further remitted.
Thank you for your cooperation in this matter. If you have any questions, please contact Derek
Denard at [e-mail] or call 919-807-6307.
Sincerely,
S. Jay Zimmerman, P.G., Director
40�-
Division of Water Resources, NC DEQ
Attachments
cc: MRO/ Corey Basinger, DWR-WQRO
Enforcement File'"
DWR Central Files

DWR — CIVIL PENALTY REMISSION FACTORS
Case Number: LV -2015-0235
Region:
Mooresville
County:
Cleveland
Assessed Entity: City of Kings Mountain -Pilot Creek WWTP . Permit No.: NCO020737
Assessment Factors
❑ (a) Whether one or more of the civil penalty assessment factors were wrongly applied to the
detriment of the petitioner:
NOT ASSERTED.
❑ (b) Whether the violator promptly abated continuing environmental damage resulting from the
violation:
NOT ASSERTED.
❑ (c) Whether the violation was inadvertent or a result of an accident:
NOT ASSERTED.
❑ (d) Whether the violator had been assessed civil penalties for any previous violations:
NOT ASSERTED.
Q (e) Whether payment of the civil penalty will prevent payment for the remaining necessary remedial
actions:
NOT ASSERTED.
DWR Notes: The City of Kings Mountain did not assertion any of the assessment factors for the remission
request received on October 7, 2015. The penalties where for violation of Thallium daily and monthly limit of
1.43 ,ug/L in June 2015. In the request the City indicated they are working with the local industry, which is a
significant industrial user (SIU) that has been identified as discharging Thallium. The City needs time to gather
data, se -up protocol for removal, and implement the procedures necessary for removal. The City is in discussion
with the regional office and the pretreatment section for assistance and may need to revise the City's LTMP and
HWA to calculated removal rates and set Thallium limits for the SIU. Since the remissions request was received,
the City requested a Special Oder by Consent [EMC SOC WQ 516-001, on December 29, 2015. The request
indicated that a SOC will provide a better timeframe for the City and the SIU to address removal of Thallium.
DECISION (Check One)
Request Denied
Full Remission A Retain Enforcement Cost? YesfiJ No ❑
Partial Remission ❑ $ (Enter Amount)
rey Poupart Date

SPATE OF NORTH CAROLINA
COUNTY OF CLEVELAND
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST:
CITY OF KINGS MOUNTAIN
PILOT CREEK WWTP
ENVIRONMENTAL MANAGEMENT
COMMISSION
DWR Case Number LV -2015-0235
REQUEST FOR ORAL PRESENTATION
I hereby request to make an oral presentation before the Environmental Management Commission's Committee On Civil Penalty
Remissions in the matter of the case noted above. In making this request, I assert that I understand all of the following statements:
• This request will be reviewed by the Chairman of the Environmental Management Commission and may be either granted or
denied.
• Making a presentation will require the presence of myself and/or my representative during a Committee meeting held in Raleigh,
North Carolina.
• My. presentation will be limited to discussion of issues and information submitted in my original remission request, and because
no factual issues are in dispute, my presentation will be limited to five (5) minutes in length.
The North Carolina State Bar's Authorized Practice of Law Committee has ruled that the appearance in a representative capacity at
quasi-judicial hearings or proceedings is limited to lawyers who are active members of the bar. Proceedings before the Committee on
Remissions are quasi-judicial. You should consider how you intend to present your case to the Committee in light of the State Bar's
opinion and whether anyone will be speaking in a representative capacity for you or a business or governmental entity. If you or your
representative would like to speak before the Committee, you must complete and return this form within thirty (30) days of receipt of
this letter.
Depending on your status as an individual, corporation, partnership or municipality, the State Bar's Opinion affects how you may
proceed with your oral presentation. See www.ncbar.com/ethics, Authorized Practice Advisory Opinion 2006-1 and 2007 Formal
Ethics Opinion 3.
• If you are an individual or business owner and are granted an opportunity to make an oral presentation before the Committee,
then you do not need legal representation before the Committee; however, if you intend on having another individual speak
on your behalf regarding the factual situations, such as an expert, engineer or consultant, then you must also be present at the
meeting in order to avoid violating the State Bar's Opinion on the unauthorized practice of law.
• If you are a corporation, partnership or munici ap lity and are granted an opportunity to make an oral presentation before 'the
Committee, then your representative must consider the recent State Bar's Opinion and could be considered practicing law
without a license if he or she is not a licensed attorney. Presentation of facts by non -lawyers is permissible.
If you choose to request an oral presentation, please make sure that signatures on the previously submitted Remission Request form
and this Oral Presentation Request form are: 1) for individuals and business owners, your own signature and 2) for corporations,
partnerships and municipalities, signed by individuals who would not violate the State Bar's Opinion on the unauthorized practice of
law.
Also, be advised that the Committee on Civil Penalty Remissions may choose not to proceed with hearing your case if the Committee
is informed that a potential violation of the statute concerning the authorized practice of law has occurred.
This the day of 120
SIGNATURE
TITLE (President, Owner, etc.)
ADDRESS
TELEPHONE

4
City of Kings Mountain
Dennis Wells,.
Water Resources Director
P. 0. Box 429
Kings Mountain, NC 28086
October 5, 2015
Wastewater Branch
S. Jay Zimmerman
Director, Division of Water Resources
1617 Mail Service Center
Raleigh, NC 27699-1617
Dear Mr. Zimmerman:
RECEIVED/DENR./DWR
LCT - 7 %'G15
Water Quality
Permittinq Sectior
In reference to the NOV and Assessment of Civil Penalty dated September 24, 2015 for the Pilot Creek
WWTP, June 2015 self-monitoring report, The City of Kings Mountain hereby requests remission of the
civil penalty in the amount of $1896.97.
As noted in our request submitted during the draft permit, we requested that the limit be removed and
replaced with monitoring of this parameter. After no response, we received our final permit effective
June 01, 2015. The Thallium limit remained the same, (1.43 ug/I daily maximum and 1.43 ug/I monthly
average).
We have been tracking Thallium throughout the collection system: Once we had become aware of this
parameter, we began to collect samples from our eight (8) permitted SIU's, Local Permit holders,
wastewater treatment plant's Influent, Aeration Basin, and Effluent discharge. According to these
results, there is only one (1) SIU found to have Thallium in its discharge. The Thallium valves discharged
from this SIU ranged from 240-1,240 ug/l.
We are working with the local industry that is discharging Thallium. They have hired a chemical engineer
whose sole responsibility is to find a solution to this issue.
We need time to gather the data, set-up the protocol for removal, and implement the procedures
necessary for removal of Thallium.

We are in discussion with the regional office in Mooresville as well as the Pretreatment Section for
assistance in this matter. We will need to revise the city's LTMP and HWA so that removal rates can be
calculated and Thallium limits can be set.
Sincerely,
A'.,& G0�
Dennis Wells
Director, Water Resources

STATE OF NORTH CAROLINA
COUNTY OF CLEVELAND
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTY AGAINST
CITY OF KINGS MOUNTAIN
PERMIT NUMBER NCO020737
DEPARTMENT OF ENVIRONMENTAL
QUALITY
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. LV -2015-0235
Having been assessed civil penalties totaling $1896.97 for violation(s) as set forth in the
assessment document of the Division of Water Resources dated September 24, 2015, 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 be submitted to the Director of the Division of Water Resources 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 Oe -+a b.er , 2015
A
BY
ADDRESS
TELEPHONE
70q- 7.3y- y521"

JUSTIFICATION FOR REMISSION REQUEST
DVVR Case Number: LV -2015-0235
Assessed Party: City of Kings Mountain
County: Cleveland
Permit Number:. NCO020737
Amount Assessed: $1896.97
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver of 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 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) one or more of the civil penalty assessment factors in N.C.G.S. 143B -282.1(b) were
wrongly 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 (i. e., explain the steps that you took to, correct the violation and prevent
future occurrences);
(c) the violation was inadvertent or a result of an accident (Le., 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: (use additional pages as necessary)