NC0020737_SP-2017-0003_20170530

Water Resources
ENVIRONMENTAL QUALITY
CERTIFIED MAIL # 70151520 0002 6880 2542
RETURN RECEIPT REQUESTED
May 30, 2017
Mr. Ricky Duncan, Water Resources Director
City of Kings Mountain
P.O. Box 429
Kings Mountain, NC28086
Dear Mr. Duncan:
ROY COOPER
Governor
MICHAEL S. REGAN
Secretory
S. JAY ZIMMERMAN
Director
RECEIVEDINCDEWWR
JUN 0 7 2017
'Water Quahty
Permitting SectilOn
Subject: EMC-SOC-WQ-2016-001
Stipulated Penalties
SP -2017-0003
City of Kings Mountain
NPDES Permit No. NCO020737
Cleveland County
On July 1, 2016, the City of Kings Mountain and the Environmental Management Commission
entered into the subject Special Order by Consent (SOC) whereby the subject Pilot Creek WWTP
was granted relaxed Thallium effluent limitations from those imposed by the NPDES Permit.
Under paragraph 2(d) of the SOC, the town was required to comply with modified effluent limits as
set forth in the consent order. The town failed to comply with the modified effluent limit for
Thallium, as contained in paragraph 2(d).
You were notified of the violation and of your right to justify the town's failure to meet the relaxed
Thallium limits in a Notice of Violation letter dated May 9, 2017.
I have reviewed the town's reply dated May 15, 2017. After careful review of this matter, I have not
found grounds for sufficient justification to waive the stipulated penalty. Therefore, and pursuant to
paragraph 3 of the SOC, a stipulated penalty in the amount of $1,602.50 ($1,500.00 + $102.50
enforcement cost) is now due for said violation.
Payment should be made directly to the order of the Department of Environmental Quality at the
address given below within thirty (30) days from the receipt of this letter. Payment of the penalty
will not foreclose further enforcement action for any continuing or new violation(s). Please
submit payment to the attention of:
Mooresville Regional Office
Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115
Phone: [phone] Fax: [phone] Customer Service: 1-877-623-6748
Internet: www.ncwaterqualiW.org

Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Payment of the penalty will not foreclose further enforcement action for any continuing or new
violation(s).
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 § 15013-23.2) 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
re2,ardin<, the filinw- fee and/or the details of the filipg Process.
The mailing address and telephone/fax numbers for the Office of Administrative Hearings are as
follows:
Office of Administrative Hearings
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 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.

WaterResources
ENVIRONMENTAL QUALITY
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. JAY ZIMMERMAN
Director
If you should have any questions, please do not hesitate to contact Ori Tuvia or me at (704) 663-
1699.
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
Mooresville Regional Office
Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115
Phone: [phone] Fax: [phone] Customer Service: 1-877-623-6748
Internet: www.ncwaterquality.org