NC0065242_Enforcement_20140211

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3 TOWN OF GROVER
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BOX 189
a GROVER NC 28073-0189
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o ATTN:THE HONORABLE J.D. LEFORD,
MAYOR
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TOWN OF GROVER
PO BOX 189
GROVER NC 28073-0189
ATTN:THE HONORABLE J.D. LEFORD, 3. Service Type
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WATER QUALITYKEG|ONAL
OPECA-F0NS SECTION � E�
6lOE. [ENTER AVE. SUITE 301 F
K4OCRE9/|LLE N[ 28115

4 IFA ALPrYWA
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North Carolina Department of Environment and Natural Resources
Division of Water Resources
Water Quality Regional Operations Section
Pat McCrory, Thomas A, Reeder John E. Skvada, III
Governor Director Secretary
February 11, 2014
Z-Pex_
CERTIFIED MAIL 7010 1870 0001 1558 1511
RETURN RECEIPT REQLE�jM
The Ronorable J. D. Ledford, Mayor
Town of Grover
P.O. Box 189
Grover, North Carolina 28073-0189
SU9BJECT: Notice of Violation and Assessment of Civil
Penalty for Violations of N.C. General Statute
143-215v 1 (a)(6) and PDES Pennit No. NCO065242
Grover WWTP
Cleveland County
Case No. 1,V-2014-0018
Dear Mayor Ledford:
T'his letter transmits a Notice of Violation arld assessment of civil penalty in the arnount of
$399-22 ($250-00 civil penalty + $149.22 enforcement costs) against the Town of Grover.
This assessment is based upon the following facts:. review has been conducted of the self -
monitoring, data reported for September 2013, This review has shown the subject facility to be in
violation,of the discharge limitations found in PDES Tie ntrit No. NCO065242, The violations are
summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that the Town of Grover violated the
terms, conditions, or requirements of PDES Pe nit No. NCO065242,and North Carolina General
Statute G.S.) 1,43-215, 1 (a)(6) in the manner and extent shown in Attaclu-nent A. A civil penalty nray
be assessed in accordance: with the maxinter established by GS. 143-215.6A(a)(2),
Based upon the above findings of fact and conclusions of law-, an, d in accordance with authority
provided by the Secretary of the Department of Environment and Natural Resourcesand the Director
of the Division of Water Resources, 1, Andrew Pitner, Assistant Regional Supeivisor for the
Mooresville Region., hereby make the following civil penalty assessment against the Town of Grover:
MooresWle Regiond Office
Locatim 610 East CenterAve, suite Mooresvifte, NC 28115
Phone: [phone]t Fac 704) 663 6040'r Customer Service: 1-877-623-6748 No, Warolina
Entemet: htp:lrportal,ncdenrorgwq,.,webi
An Equal OAffi ELK �,,,o ve Acs, Ernoayer- 309% RecycWdANPIWCosunwr npater. yGaurallY

100,00 For � I — of the one (1) violation of G.S. 143-215.1(a)(6) and
NPdb,� Permit No, NCO065242, by discharging waste into the
waters of the State in violation of the permit weekly average
effluent limit for animonia.
150�00 For I of the one (1) violation of G.S. 143 -215 . I (a)(6) and
NPDES Permit No. NCO065242, by discharging waste into the
waters of the State in, violation of the permit monthly average
effluent limit for ammonia.
$__ 250-00---
$---149.22 —
399.42
TOTAL CIVIL PENALTY
Enforcement costs
TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in deterinining the amount of the penalty I have taken into account the
Findings of Fact and Conclusions of Law mid the, factors set forth at G.S. 143B-282� I (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 rectifying the dainage;
(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 "rith programs over which
the Environmental Management Commission has regulatory authority; and
(8) 'rhe cost to the State of the enforcement procedures.
Within thiro, days of receipt of this notice, you must do one of the following:
I. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural.
Resources (do not include waiverfiarm), 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 Compliarice/E mforcernent Unit
Division of Water Resources
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 limited 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'lactual 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 Lire in dispute. Please prepare a detailed statement that establishes Nvhy you believe the
civil penalty should be remitted, and submit it to the Division of Water Resources at the address listed
below, In detentiming 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 G,S. 14311-282, l(b) were
wrongfully applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environniental darriage resulting from
the violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) vvhether the violator had been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payr ent y n for the remaining necessary
remedial actions,
Please note that all information presented in support, of your request for remission must be
d
submitted invNriting, The Director of the Division of Water Resources will review your evidence an
inform you of his decision in the matter of your remission request. The response will provide, details
regarding case status, directions for payment, and provision for further appeal of the penalty to the
Environmental Mairagement Commission's Committee on Civil Penalty Remissions (Cornirlittee).
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 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:
Point Source Compliance/Enforcement Unit
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina. 27699-1617
OR
3. File a petition for an, administrative hearing with the Office of Administrative Hearings:
If you Nvisit 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 AAministrative

I
Hearings accepts filings Monday through Friday between the hours of 8:00 a,m. and 5:00 p,m.,
except for official state holidays. Tbe 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 regarding the filing fee and/or the details of the
filing process. The mailing address and teleplione and 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- (919) 4 31-3100
One (1) copy of the petition mast also be served on DENR as follows -
Mr. Lacy Presnell, General Counsel
BENR
1601 Mail Service Center
Raleigh, NC 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 notice, as
evidenced by an internal date/time received stanip (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 inky be assessed for violations that occur after the
review period ofthis assessment. If the violations are of a eqn0bi
andJor maintenance i)roblems, , A u ant actj� �Jies, they e on rna 1 wislh
to consider applying for a SMial Order by onsent. if
any uestions about this civiLpenalty
— _.en
assessment_p�S ecial fader _bv CorlseptpleAs ,(Z_�oqract the Water Res ources staffof the Mooresville
Tie gigna 0 iqe at 4� 6q-3- 1.�L9.
L_ffl _L_CQL _ _
`miA
(Date) Andrew Pitner, Assistant Regional Supervisor
Mooresville Regional Office
Division of Water Resources
ATTACHMENTS
CCMooresville Regional Office Compliance File w.1 attachments
Ralei_Wi Complianee/Enforcement File w/ attachnients
Central Files w/ attachments
ap/ma

ATTACHMENT
SE NO. LV-2014-0018
tll Date Parameter l Per t Limit
1 Week ending /7/1 Dais 18.4 rr g/L 113 nig/L (Weekly average)
it 9/30/13 Aranionia 9.0 mg/l, 3.9 mg,/I,(Monthly average)
The Town hover response to NOV-2013-LV-0724 received on December 23, 2013,
as reviewed by DWR staff. Mitigating factors were found to result in a reduced civil
penalty arrr unt.

QTArr1rnrMC'u?'rLT0Al "TTMA T-MAI A T)'I'X A
EIN I %Jr r,,.N V 1A"LN1V1r­N I
AND NATURAL RESOURCES
COUNTY OF CLEVELAND
IN'FI-1F'MAJ`TER OF ASSESSM13NIT WAIVER 0FRIGHTTO AN
OF CIN11L PENALTY AGAfNNST ADMINISTRATIVE HEARINGANNID
TOWN OF GROVER STIPM,A]"10NOF FACTS
PERMIT NO. NCO065242
FILE NO, L,V-2014-0018
Having been assessed civil penalties totaling $399.22 for violation(s) as set forth in the
assessment docuirtent of the Division of Water Resources dated Februan, 11 2014 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
docunient. The undersigned further raiderstands 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
ofreceipt 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 m.------ day of 2014
BY
ADDRESS

Fr JUSTIFICATION FOR RJEMISSION REQUEST
DWR Case Number: LV-2014-0018
Assessed Party: Town of Grover
County: Cleveland
Permit Number: NCO065242
Amount Assessed: $399,22
Please use this form when requesting remissionof this civil penalty, You must also complete the
"gWAest &r-Remis�sion, Waiver QL&g&t to an A&inn, i livj Hea�jq& and 5!iQn -Qt--EacLs "
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. § 1431 -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_pe —
jq1ty assessment factors in N,C.G.S. 14313-282.1 were
wro, gf4lly a lied to the detriment 9f thepqtitioner (the assessmentjactors are listed
in the civil penalty assessment document) -,
(b) the viol gQrprom fly abated continuity enviro_-"— nmental damAgg l _---- - resu[Airig-from the
violation, (i.e., explain the steps thatyou took to correct the violation ondprevent
nature occurrences.);
(c) the violation was inadvertent or a result of an accident (i,e, explain wky the violation
was unavoidable or something you could notprevent ear prqparefor);
(d) the, violator had not been assessed civil ions;
penalties for M",revious violat'
(e) payment of th L jyiI epa
rl emedia
actions (i,e, explain how payment of the civil, enalty will prevent yovam performing
the activities, necessai=v to achieve compliance).
EXPLANATION: (use additional pages gas necessary)

Violator: 'rown of Grover
Facility: Grover W'W",FP
County: Clevelan-d--
Case Number: 1,V-201,4-0018
Permit Number: NCO065242
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;
The cost is unknown.
5) The amount of money saved by noncompliance;
6) Whether the violation was committed willfully or intentionally;

The prior record of the violator in complying or failing to comply with programs over which the
Environmental Management Commission has regulatory authority; and
There have been 10 previous CPAs for the Grover WWTP, no CPAs issued in the past 12 months.
8) "The cost to the Mate of the enforcement procedures.
The cost to the Division of Water resources is $149,2Z
ti
i
mate Andrew Pitner, assistant regional Supervisor
Mooresville Regional Office
Division of Grater Resources

NITRO REPORT( VIOLATIONS for: Repot DaW 12104113 Page: 2of 5
� s°
t�rar4er�tra�cass
_ .. u w � w
PERMIT- NCO065242
FACILITY: "down of Graver-
Grover WWTP
COUNTY: Cleveland
REGION: Mrso���
..v
,Limit
Violation
"
3 KK
MONITORING OUTFAt"I. 1
VIOLATiON
UNIT OF
CALCULATED
L 1
REPORT PP1
LOCATION
PARAM tER
DATE FREQUENCY
MFAS.)RE
LIMIT VAi-ICE % OVER I_ MIT
VIOLATION TYPE iO Ai"ION ACTION
09 - 013 001
Effluent
Nitrogen, Ammonia Total (as
09107d13 Weekly
mgll
11 l '18.4 '' 57.26
Weekly Average Exceeded None
N) - Concentration
LC� _�^013, 001
�tf9iasent
Nitra en, Ammonia Total a
� {
OJ130T13 Weekly
mgll
3 � :` �.t� 130,13
Monthfy Average Exceeded None-
N) - Concentration

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