NC0020737_NOV2018LV0029_20180118

Water Renou ces
ENutROMMatx AL QUALlrt
Certified Mail # 7016 1370 0000 2595 7412
Return Receipt Requested
January 11, 2018
Ricky C Duncan
City of Kings Mountain
PO Box 429
Kings Mtn, NC 28086
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2018-LV-0029
Permit No. NCO020737
Pilot Creek WWTP
Cleveland County
Dear Mr. Duncan:
ROY COOPER
1ECIAEL S- REGAN
g`wrdar n
LMA CULPEPPER
1Werim D&wtor
RECEIVED/DENRMIR
JAN 22 2018
Water Resources
Permitting Section
A review of the September 2017 Discharge Monitoring Report (DMR) for the subject facility revealed the
violations indicated below:
Limit Exceedance Violations:
Sample
Limit
Reported
Location
Parameter
Date
Value
Value
Type of Violation
001 Effluent
Nitrogen, Ammonia Total (as
9/16/2017
7.8
8.46
Weekly Average Exceeded
N) - Concentration (C0610)
001 Effluent
Nitrogen, Ammonia Total (as
9/23/2017
7.8
13.8
Weekly Average Exceeded
N) - Concentration (C0610)
001 Effluent
Nitrogen, Ammonia Total (as
9/30/2017
2.6
7.37
Monthly Average Exceeded
N) - Concentration (C0610)
A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina General
Statute (G.S.) 143-215.1 and the facility's NPDES WW Permit. Pursuant to G.S. 143-215.6A, a civil penalty of
not more than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or
fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S.
143-215.1.
State of North Carolina I Environmental Quality I Water Resources
610 East Center Avenue, Suite 301, Mooresville, NC 28115
704-663-1699

If you wish to provide additional information regarding the noted violation, request technical assistance, or
discuss overall compliance please respond in writing within ten (10) business days after receipt of this Notice. A
review of your response will be considered along with any information provided on the submitted Monitoring
Report(s). You will then be notified of any civil penalties that may be assessed regarding the violations. If no
response is received in this Office within the 10 -day period, a civil penalty assessment may be
prepared.
Remedial actions should have already been taken to correct this problem and prevent further occurrences in the
future. The Division of Water Resources may pursue enforcement action for this and any additional violations of
State law. If the violations are of a continuing nature, not related to operation and/or maintenance problems,
and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by
Consent.
Reminder: Pursuant to Permit Condition 6 in Section E, the Permittee is required to verbally notify the Regional
Office as soon as possible, not to exceed 24 hours, from first knowledge of any non-compliance at
the facility, including limit violations, bypasses of, or failure of a treatment unit. A written report may
be required within 5 days if directed by Division staff. Prior notice should be given for anticipated or
potential problems due to planned maintenance activities, taking units off-line, etc.
If you have any questions concerning this matter or to apply for an SOC, please contact Ori Tuvia of the
Mooresville Regional Office at 704-663-1699.
Sincerely,
V"I 2 M_ - I �_'
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office,
Division of Water Resources, NCDEQ
Cc: WQS Mooresville Regional Office - Enforcement File
NPDES Compliance/Enforcement Unit - Enforcement File
Stare of North Carolina I Environmental Quality I Water Resources
610 East Center Avenue, Suite 301, Mooresville, NC 28115
704-663-1699