NC0065242_Enforcement_20151102

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T� TOWN OF GROVER
$ PO BOX 189
n s GROVER NC 28703
ATTN:THE HONORABLE J.D.LEDFORD,MAYOR
`.. dwr/rs 11/2/2015

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PO BOX 189
GROVER NC 28703
ATTN:THE HONORABLE J.D.LEDFORD, MAYOR
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MOORESVILLE NC 28115 v s
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North Carolina Department f Environmental QualityFt' �� tom,
Pat McCrory Donald vary der Vaart
Governor Secretary
November 2, 2015
RETURN RECEIPT REQUEs,rED
The 1-lona rable I D. Ledford, Mayor
Town of Grover
1,. Box 189
Grover, NC 28703
SUBJECT: Notice of Violation and Assessment of Civil
Penalty for Violations of N.C. general Statute
Town of drover WWTP
Cleveland County
Case No. 1 V-201 - sZ4'rs-
Dear Mayor Ledford:
"his letter transmits to Notice e of Violation and assessment of civil penalty in the arnount of
t 05.80 ( 1, 0 civil penalty + $155.80 enforcement costs) against theTown of Grover.
This assessment is based capon the following facts: A revievv has been conducted of the self -
monitoring data reported for July 2015. '`his review has shown, the, subject facility to be in violation of
the discharge limitations found in NPDES Permit No. NCO06524 . The violations are summarized in
Attachment A to this letter..
B,Lsed upon the above facts, l conclude, as a niatter of law that the Town of drover violated the
terms, conditions, or requirements of NPDES permit No, NCO065242 and forth Carolina General
Statute (r S) 143- J .1(a')( `in the manner and extent shown ire Attaclunent A, A civil penalty may
be assessed in accordance with the maximums established by. G.S. 1 3m l ,ti. (a)(2)a
Based upon the above findings of fact and conclusions of lave=, and in accordance with authority
provided by the Secretary of the Department of Environmental Quality and the Director of the
Division of Water Resources, 1, Michael L. Parker, regional Supervisorfor the Mooresville Region,
hereby make thefollo\Nring civil penalty assessment against the Town of rover-,
Wrrrs4e Regional Offire
Loaf ,n: 616 East Canter Ave,, Sneer 661 MoorasOil , N6 28115
Rhone. (04) 66 -1699 \ Fax: [phone] � Oustomer Segirt;1. 77 623-674
Internet http,,(,tpodal.rard nr,org/ v

500M
$- 750.00
$- IA250.00
$155.80
for 2 of the four (4) violation of G.S. 143-215.1(a)(6) and
NPDES Permit No. NCO065242, by discharging waste into the
waters of the State in violation of the permit weekly average
effluent limit for ammonia.
For I of the one (1) violation of G.S. 1.43-215.1(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.
TOTAL CIVIL PENALTY
Enforcement costs
1,405.80 TOTAL XMOUNT DUE
Pursuant to G,S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the
Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-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 rectifying the daniage-,
(5) The aniount of money saved by noncomplian cc;
(6) W, hether 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 Management 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 following;
I . Submit payment of the penalty:.
Payment should be made directly to the order of the Department of Environmental Quality (do
not include waiverjbrM). Payment of the penalty will not foreclose further enforcement action for any
continuing or new violation(s).
Please submit payment to the, attention of,
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North, Carolina 27699-1617

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 arnoUnt 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 inthe 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 Resources at the address listed
below. In deternnning, whetlier'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. 14313-282, I(t)) were
wrongfully applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental damage resulting from
the violation-,
() whether the violationwas inadvertent or a result of an accident;
(4) �Nvhether the, violator had been assessed civil, penalties for any previous violations; or
() 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 Resources will review your evidence and
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 Management Commission's Committee on Civil, Penalty Remissions (Committee).
Please be advised that the Committee carinot 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 light to
an Administrative Hearing and Stipulation of Facts" forni 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 forins should be submitted to the following address:
Wastewater Branch
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 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
,tv;thin fliirt-v VIM days of receipt cNf this notice. Apetition is, considered filed when it is receive
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 (lax) 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 § I 50B -23.2) is received in the Office of Administrative Hearings within.
seven (7) business days following the taxed 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 telephone 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: �919) 4-3 ) 1 -3000
Fax- [phone]
One (1) copy of the petition must also be served on DEQ as follows:
Nfr. Sam NA. Haves, General Counsel
DEQ
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 post ), 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. If you have any questions about this civil penalty assessment please
Contact staff in the Mooresville Regional Office at [phone].
J
(Date) 1k.0-Michael. L. Parker, Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCD
A TT A C 11,M E NITS
cc- Mooresville Regional Office Compliance File NN-/ attachments
Raleigh Compliance/Emforceme tit File w/ attachments
Central Files w/attachments

ATTACET ENT Ar
CASE NO. LV 2015-0619
Outfall Date
Parameter lkepo,.rted -Value
Permit Limit
1
7 4/ 1
r mania 12A
11,7 mg/I (Weekly Average)
7t$'11i7 f
Ammonia c12A
11.7 all {WeekfN Average)
.�uria
001
7/18/2015
Puinrionia 1 . *
113 r g/I (Weekly Average)
1
7/25,1 91
A nnnoraia 1 3*
11.7 r ig/l (Weekly ly -,, era e)
001,
7/31/2015
Ammonia 1 .9 *:
a9 ing l (Monthly Average)
Denotes otes civil penalty assessment
The Town of Grover response
to NOV-2015-1,V-0619 received on October 29, '? 1. 5 was
reviewed by DWR staff.
Mitr atirig factors were not found to result in a reduced civil
penalty amount.

STATE OFNORTH t..AROL.INA
COUNTY OF CLEVELAND
DEPARTMENT OF E' IR NNI N`T'AI
QUALITY
IN "I'I-IE MATTER OIL ASSESSNIENT WAIVER OF RIGHTTO A
OF CIVIL PENNIALTY AGAINST ADMINISTRATIVE HEARING AN
TOWN OF GR VER 1 STIPULATION OF FACTS
PERMIT NUMBER NCO065242
FILE NO. LV-2015-0619
Having been assessed civil penalties totaling i . 0 for violation(s) as set forth in the
assessment docurnent of the Division of Water Resources dated November ?; 2015, the undersigned,
desiring to seep 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 turtherunderstands that all evidence presented in support of remission of
this civil penalty oust 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 its days from the receipt of the notice of assessment,
This the ..w ._ _ day of ._ , _m .... _ _ _. _._...._.__2015
B
ADDRESS
TELEPHONE

JUSTIFICATION FOR REMIS� �,N R�EU�ES-f
DWR Case Number: LV-2015-0619
Assessed Party: Town. of Grover
County- Cleveland
Permit Number: NCO065242
Amount Assessed: $1,405.80
Please use this form when requesting remission of this civil penalty. You must also complete the
"Re(Luest For Remission W'diver of Right to an Administrative Hearin4 tj tdatt!2n o &jts" g, L
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 arnount of the civil penalty- assessed,
Requesting remission is not the, proper procedure for contesting whether the viol tip occurred or
the accuracy of any of the factual statements containedin the civil penalty assessment document.
pursuant to KC.G.S. § 143B-282. I (,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 niore of the, civil _penalty assessment factors in, N.C.G.S. 143B-282,1 �b were
)vropgfijlly.AMhed.t(,)_the dgrirqtj oftl1kpetitipner (the assessmentfiactors area listed
in the civienalty assessaient d6cunzena );
(b) !b-e—ViqLa-t-9-r-pI O—tAJI -daMa-R'�---reSIAWqg-frOM the
violation (I.e,, explain the steps thatyou took to correct the violation andl,)revent
fitture occurrence) -
(c) the violation was inadvertent or a result of an accident (i.e., expla.in wky the violation
wasunavoidabletarry something you could not prevent or prej)are,/br)I-
(d) the violator had not been assessed civil_pprialties for any, revious violations;
(e) pMirient ofthe civil pen ah , will rg�veutza gtit for tljq�—rem -gy--r-e—nledial
-p — m- - --
actions (Le., explain howpqyment (,„f the civil penaltv will rove you frorn jyelbrming
the activities necessary to achieve compliance),
I
EXPLANAI , ION: (use odditionalpages as necessary)

Violator: Town of Grover
Facility: Town of Grover WWTP
County: Cleveland
11
6**-
Case Number: LV-2015-*
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; No harm has been documented.
2) The duration and gravity of the violation; The animonia monthly average effluent permit limit
violation was exceeded by 258.33%, Weekly average for 7/18/2015 was exceeded by 57.26% and
weekly average for 7/25/2015 was exceeded by 34. 18% for July 2015 .
3) The effect on ground or surface water quantity or quality or on air quality; The effect on the
receiving stream is unknown. knurionia-nitrogen is treated as an in -stream toxicant by the State of
North Carolina because ammonia is an oxygen-consurning waste and increased concentrations could
reduce the amount of oxygen available to aquatic organisms.
4) The cost of rectifying the damage; The cost is unknown.
5) 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 Resources
has no evidence that the violation was committed willfully or intentionally.
7) 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 16 previous CPAs for the Town of Grover WWTP with the last CPA, being issued on
August 26, 2015 for ammonia monthly average effluent limit violations in June 2015.
8) The cost to the State of the enforcement procedures.
The cost to the Division of Water Resources is $155.80.
Iv -z
Date Michael L. Parker, Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ