NC0065242_Enforcement_20160901

Certified Mail # 7015 0640 0002 92" 3823
Return,Receipt Reggested
September 1, 2016
Bill Willis
To%m of Grover
PO Box 189
Grover, NC 28073-0189
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215. I(a)(6)
and NPDES WW Permit No. NCO065242
Town of Grover
Grover WWTP
Case No. LV-2016-0180
Cleveland County
Dear Mr. Willis:
This lettertansmits a Notice of Violation and Assessmew of civil penalty in the amount of $452.50 ($350.00 civil penalty
+ $102,50 enfbreement costs) against 176" of Grover.
State ofNoTth Carolina I Environmental Quality I Water Resources
610 East Center Avenue, Suite 301, Mooresville,NC MIS
704-663-1699

I of the 1 violations of 14-215.I(a)(6) and Permit No NCO0 5242, by discharging waste (eater '
the waters of the Mate in violation of the Permit Monthly Average for 3-N - Cone.
1 of the I violations of 14-215.1(a)(6) and Pen nit 1'qo NC 65242, discharging waste water into
the waters of the Mate in violation of the Permit Weekly Average for -N - Cone.
250.00 TOTAL CIVIL PENALTY
102.50 Enforcement Costs
452.50 TOTAL AMOUNTDUE
Pursuant to G.S. 14 -215. A(c), in determining the amount of the penalty l have taken into account the Findings of Fact and
Conclusions of Law and the factors set forth at C.S. 14 -2 2.1(b), which are:
(1) The degree and extent of harm to the riatural resources of the State, to the Public health, or to private properly
resulting from the violation;
(2) The duration and gravity of the violation
) The effect on ground or surface water quantity or quality or on air quality;
4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance
(6) Whether 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 Enviromriental
Management Commission has regulatory authority; and
() The cost to the State of the enforcement procedures.
Within thirty (0) days of receipt of this notice, you mast do one of the following:
(1) Submit payment of the penalty, OR
(2) Submit a written request for remission, OR
() Submit a written request for an administrative hearing
Option 1. Submit payment of the penalty.
Payment should be made directly to the order of the Department of Environmental Quality (o not include` waiver
form).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 76 9-161

: Submit a written request for remission or mitigation including a detailed justification for such
Ad�
Please note that all evidence 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 the 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 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 it the enclosed "Re nest for Remission -of Civil Penalties,
Waiver qfRight to an Administrative Hearing. and Stimilation of Facts" form within thirty (30) days of receint of this
notice. The Division of Water Resources also re vests �th �(qucom late and submit the enclosed "Justification, for
Remission Request."
Both forms should be submitted to the following address:
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

Oution I File a petidon for an administrative hearing with the Qffice of Administr&fi—ye Readpgs:
If you wish to contest any statement in the attached assessment document you must file a petition for an administrativ
hearing. You may obtain the petition form from the Office of Administrative Hearings. You roust file the petition Zvi
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 am. and 5:00 p.m., except for official state
holidays. The petition maybe 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 Administrativ of the
filmS,process.
The mailing address and telephone and fax numbers for the. Office of Administrative Hearings are as follows:
Office of AdministrativeHearings
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. Sam M. Hayes, 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 Generars 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, please contact Ori Tuvia with the Division of Water Resources staff of the Mooresville Regional
Office at [phone] or via email at ori.tuvia(,& ,,nedetir,gov.
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

JUSTIFICATION FOR REMISSION HLQUEST
Case Number: V-2016-0180 County: Cleveland
Asse&sed Pay: Town of Grover
Permit o.: NCO0 5242 AmountAssessed: 145A50
Please use this form when requesting remission of this civil penalty. You mint also complete the "'Request For Remission,
Waiver Right to an Administrative Hearing, and Stipulation oaf` s'' 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 i `
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. § 14 B-2g ,1(c), remission of civil
penalty may be granted only when one or more of the following five factors apply. 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 fctors in N. ,. .S. 14 -2.I(b) were wrongfully applied to the
detriment of the petitioner (the assessmentfactors are listed in the cavil penalty assessment documen);
(b) the violator promptly abated continuing environmental damage resulting from: the violation (Le., explain the
steps that you took to correct the violation andpreven t ut ^e occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidahle or
somethi ,g you could not prevent or prep efor);•
(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 y ufrom performing the activities necessary to achieve
compliance),
EXPLANATION:

ENT A
Town of Grower
CASE NUMBER: L -2 1 -016{l
PERMIT: N+CO065242REGION:
Mooresville
FACILITY: Grover WVVTPCOUNTY:
Cleveland
LIMIT VIOLATION(S)
SAMPLELOCATIOW QMtfall dill - cent
Violation Report
Unit of Limit
Calculated % Over Violation
Penalty
Late Mere t Parameter
Frequency Measure Value
Value Limit Type
Amount
4/2 /2C16 4-2016, Nitrogen, Ammonia
Weekly mg/l 1110
14,10 26.6 Weekly
$100,00
Total (as N) -
Average,
Concentration
Exceeded
4/ 0/2 16 4-2016 Nitrogen, Ammonia
Weekly mg/l 190
&00 64.2 Monthly
%00
Total (as N) -
Average
Concentration
Exceeded ,

1F
ATE NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
FCOUNTY CST CLEVELAND
IN THE MATTER OF ASSESSMENT WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ADMINISTRATIVE
STIPULATION OF FACTS
Town of Grover
Grover TF �
PERMIT NO. N O065242 CASE NO. I; V-2016-01S(1
(laving been assessed civil penalties totaling $452.50 for violation(s) as set forth in the assessment document of the
Division of Water Resources dated September 12016, the undersigned, desiring to seek remission of the civil penalty, 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 thirty dj days
of receipt of the notice of assessment. No new evidence in support of remission request will be allowed after 0) days
from the receipt of the notice of assessment.
This the day of , ti
SIGNATURE,
ADDRESS
TELEPHONE

Wdrerftspurces
Certified Mail # 7015 1520 0002 8376 4580
Return Rmiot fteguuatAe
16 August 216
AD
PAT iv CCRORY
Gownor
DON LLD R. VAN DER"A
5"YEMY,
JAY ZIMMERMAN
�irs��ar
Fill Willis
Town of Grover
PO Box189
Grover, NC 28073-0189
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: N V-2016-L -6474
Permit No. NCO 65242
Grover WWTP
Cleveland County
Dear Mr.Willis:
A review of the April 2016 discharge Monitoring Deport ( MR) for the subject facility revealed the violation(s)
indicated below:
Limit ceedance Klolat onfs :
Sample Limit Reported
Location parameter Elate Value Value Type of Violation
001 Effluent Nitrogen, Ammonia Total (as 4/23/2016 11.7 14®l Weekly Average Exceeded
N) - Concentration (CO610)
A
001 Effluent Nitrogen, Ammonia Total (a 4/30/2016 3.9 6. 2 Monthly Average Exceeded
) - Concentration (C061 )
Notice of Violation/intent to issue Civil Penalty is being issued for the noted violation of North Carolina General
Statute (C.S..) 143-215.1 and the facility"s NP ES Permit.: Pursuant to C.S. 143-215e6A, a civil penalty of not
more than twenty-five thousand dollars (2 ,000.0 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.
14-215.1.
State of North Carolina; � Environmental Quality i Water Resource
610 East Center Avenue, Suite 301, Mooresville NC 28115
704-663-1699

If you have any questions concerning this matter or to apply for an SCSC, please contact On Tuvia of the
Mooresville Regional Office at 704-663-1699.
111111iffilmilIFILVj
1=1
W, Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NC
State of fort b Carolina I Environmental Quality k Water Resources
610 East Center Avenue, Suite ail, Mooresville, NC 28115
704-663-1699

FROM THE DESK OF: � W
DAVISJAMES L.
8 4/1
Ori Tuvi
N'I P,NR Mooresville Regional Office
10 Est tenter Ave., Suite 301
Mooresville NC 28115
Subject: Notice of Violation
Tracking No. NOV-201-LV-0 7
Grover WWTP
NPDES Permit NCO065242
Cleveland County;
Dear OR.I T uvi
This is in response to the aforementioned N.f7nV.
During the month of April 2016 the Town of Grover WWTP exceeded the ammonia
nitrogen limit on 4/21/16.
s you are aware this WWTP has an ongoing problem of high, strength influent it the
form ofBO , TSS, and_Ammonia Nitrogen. This makes it extremely difficult to rernain
incompliance on all parameters under the hest of circumstances. During the week of
/2111 a motor went out to the no, 2`blower. The town did not have a spare so the motor
had to he sent out for emergency repair, thus not allowing enough oxygen transfer into
the plant for complete nitrification. The plant returned to compliance the following week.
During the week of4/21/16 the plant did remove 69 percent of'the ammonia ever though
the influent ammonia was 45,25 m /L As for the whole :month of April the plant was
able to remove 96 percent of all total ammonia nitrogen.
In closing the W TP continues having problems maintaining ammonia compliance for
the whole summer of 2016. The Mayor has informed me the Town has recently received:
a grant to study, regionalization for water and sewer. I art going to suggest to the Mayor
that maybe the hest course of action for the Town maybe entering into a SOS" so other
options of treatment maybe studied to assure the compliance of the T wn s WTP.

If further infoirnation is needed please fee] free to contactme atjldavis012atmail .corn
R.c ds;
L. Davis
OR
Grover WWT

.............
QMR Review Record
Facility: '�
Permit a.:, � , "`� > �5 L Pipe I'la;v
ar tht ekro
MonthlyAuer ae Violations
Parameter
Permit Lireit PMRValue
% 2ter Limit Action
,
x
gY " ILL-
t
ekl/Daily Violations
Date Parameter
Fermat LImIt Limit T e q_MR Value
% Dyer Limit Action
1�9c�nitrin Free uenc V'talatlar�s
Date Pararmeter
Permit Fr uncV Values Rearte
of Violations Action
{%Gr Vllatwonsltaff Remarks:
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,w'4
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L , '4i »:.. d="",•Wx .•'
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upervisar Remarks:
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Completed by.
L
Date.
Assistant Regional
Supervisor Sign Off,
Date.
Regional Supervisor Sign
Date.. .
Offs
y
d A—+c.

DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT
Violator: Town of Grover
Facility Name: Grover WWTP
Permit Number: NCO065242
County: Cleveland
Case Number: LV-2016-0180
4) The fost of rectifying the damage;
5) The Imount of money saved by noncompliance;
6) Whether 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
Review of the last 12 months (May 2015 -April 2016) of compliance history of the subject facility found the following violations:
1) May 2015 — 2 Weekly Nitrogen Violations + I Monthly Nitrogen Violation, resulting in NOVRE
2) June 2015- 1 Monthly Nitrogen Violation, resulting in NOVRE
3) July 2015 — 4 Weekly Nitrogen Violations + I Monthly Nitrogen Violation, resulting in NOVRE

8) The cost to the State of the enforcement procedures.
$102.50
Enforcement Cost-
1 hour staff time. .... _ ...... 34.94
1 hour supervisor time...... .......... 52-56
Administrative staff cost....... ..... ____ ..... ........ _LL5.00
Total Enforcement Cost $ 102.50
Date W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ