NC0065242_Enforcement_20161213

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ROY COOPER
Governor
Environmental
quality
WOROS
January 17, 2017
Bill Willis
Town of Grover
PO Box189
Graver, NC 28073-0189
Subject: Payment Acknowledgement
Grover, P
Permit NC00652422`
Case No. LV-2016-02,49
County Cleve
Dear Bill Willis:
This letter is to acknowledge receipt of payment in the amount of $352.50 received from you on
1/13/ 01 . This payment satisfies in full the above civil assessment levied against the subject facility,
d this ease has been closed. Payment of this penalty in no sway precludes filture action by this Division for
additional violations of the applicable Statues, Regulations, or Pennits.
If you have, any questions, please contact Wren Thedfor at 919-807-6397,
Sincerely;
.. A
e. Central file
NP E
Mooresville Regional Office
State of North Carolina ( Environnmaal Quality � Water Resources
610 least Corer Avenue, Suite 301, bemiresvillt;, NC 7811
704-663-1699

December 13, 2016
Bill Willis
Town of Grover
PO Box 1,89
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 XPDES WW Pennit No. NCO065242
Town of Grover
Grover WWTP
Case No. LV-2016-0249
Cleveland County
Dear Mr. 'Millis:
Stae of North Carolina I Envirwrnental QualitY I Watet RPSOurm
610 Eat Center Avenue, Suite 301, Mooresville, NC 29115
704-663-1699

5 . 0 —I of the 1 violation of 143- 1 S. I (.)(6) and Permit NO.NCO065242, by discharging waste water into
e waters of the State in violation of the Permit'Ionthly Average for -l°d - Cone.
U50.00 "TOTAL CWIL PENALTY
l 50 Enforcement Costs
SL�2.50 TOTAL AMOUNT DUE
Pursuant to G.S. 143- 1 .6 (c), its detennining 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- 8 .1(b), which
(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 violation
() The duration and gravity of the violation
(3 ) The effect on ground or surface water quantity or quality of on air quality;
(4) The cost of rectifying; the aged
() 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 Environmental
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 Faust do one of the following:
(I) Submit payment of the penalty, OR
() Submit a written request for remission, OR
(3) Submit a written request for an administrative hearing
Option * 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
p Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 6 - l61?

Remission Rea uest2"
-
Both fnrms should be submitted to the following address:
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

Option 3: File a-m*Ogm for an administrative hearina vdth the Office of Administrative Hearin
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:) 733-2698
Fax: [phone]
One (1) copy of the petition must also be served on DEQ as follows:
Mr. Sam M. Hayes, General Counsel
Department of Enviromnental 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.
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 [e-mail].
Sincerely,
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ

FJUSTIFICATION FOR REMISSIOTI(RF-Q—UF-ST
Case Number: LV-2016-0249 County: Cleveland
Assessed Party: Town of Grover
Permit No.: NCO065242 Amount Assessed: $1521-5-0
(a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b) were wrongfully applied to the
detriment of the petitioner (the assessmentfactors are listed in the civil penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the violation (ix., esplain the
steps that you took to correct the violation and prevent future occurrences);
(c) the violation was inadvertent or a result of an accident (i, e., explain wky the violation wav unavoidable or
something you could not prevent or prepare, for);
(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, enalty will preventyoufrom performing the activities necessary to achieve
compliance).
EXPLANATION:

STATE F NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY F CLEVELAND
IN THE MATTER OF ASSESSMENT WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST TIVE HEARING AND
STIPULATION OF FACTS
Town of Grover
Groves WWTP
PERMIT NO, NCO065242 CASE NO. LV-2016-0249
Having been assessed civil penalties totaling 1252,.50 for violation(s) as set forth in the assessment document of the Division
of Water Resources dated December 12, 2631 , 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 Bets 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 30) days of receipt of the notice
of assessment. No new evidence in support of a remissioh request will be allowed after 30days from the receipt of the
Notice of assessment.
This the day of 2
SIGNATURE
ADDRESS
TELEPHONE

PERMIT: NCO066 - 2
REGION:
Mooresville
FACILITY: Grover WWTP
COUNTY:
Cleveland
LIMIT VIOLATION(S)
SAMPLELOCATION: Qlda110_0 - I rI rtt
Violation Report
flint of Limit Calcine % Over
Violation Penalty
Date MonthlYr Parameter Frequency
Measure Value Value Limit
Type ount
/ f i 0 7-2016 Nitrogen, Ammonia Weekly
MgA 3,90 &30 36.6
Monthlym
Total (as N)
Average
Concentration
Exceeded

fVAITIr
Violator: Town of Grover
Facility Name: Grover WWTP
PermitNumber: NCO065242
County.- Cleveland
Case Number: LV-2016-0249
ASSESSMENT FACTORS
1) The degree and extent of harm to the natural resources of the, State, to the public health, or to private
property resultingfrom the violation; . +w-
1i \) I 0�
2) The duration and gravity of the violation;
tivI,"
3) The effect on ground or surface water quantity or quality or on air quality;
'J ki "Jmvt� WNA
4) The cost of rect ying the damage;
L'k'WVI"'tVSY'J (\
5) The amount of money saved by noncompliance;
6) Whether the violation was committed willfully or intentionally;
Ud ec
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 (July 2015 - June 2016) of compliance history of the subject facilityfound the following violations:
1) May 2016 — I Monthly Nitrogen Violation, resulting in NORRE
2) April 2016 - I Weekly Nitrogen Violations + I Monthly Nitrogen Violation, resulting in NOVRE
3) July 2015 4 Weekly Nitrogen Violations + 1 Monthly Nitrogen Violation, resulting in NOVRE

8) The cost to the State of the enforcement procedures.
$102.50
Enforcement Cost:
1 hour stafftime........ ....... 34.94
1 hour supervisor time... 52.56
Administrative staff cost..... ........... ........ _... .... ...$_j5.00
Total Enforcement Cost $ 10250
Date W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ

Bill Willis
"own of Grover
PO Box 189
Grover, NC 28073-0189
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: .NOV-2 1 -L' -0 22
Permit No. NCO065242
Grover WWTP
Cleveland County
Dear Mr.Willis:
review of the July 2016 Discharge Monitoring Report for the subject facility revealed the viol don
indicated below:
LimitSample
ParameterLocation Date Value Value TVpe of Violation
1 Effluent Nitrogen, Ammonia Total as 7/3112016 3.9 5.33Monthly veExceeded
Concentration 1
Notice of Violation/Intent to Issue Civil Penalty Is ing issued for the noted violation of North Carolina General
Statute . . 1 3-21 .1 and the facility's dr it. Pursuant to G.S. 143-215.6A, a civil penalty of not
more an twenty-five thousand dollars 2 000.00) may be assessed againstany person who violates or fails
to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S.
1 -21 .1x
f you wish to provide additional information regarding the noted violation, request tehni l assistance, r
discussoverall compliance pleaserespond In writing i C? 'n within n 1da r receipt f this Notice.
reviewf your response will be considered along ith any information provided on'the submitted Discharge
Monitoring . You will then be notified f any civil penalties that playa assessed regarding the
Violations. In i within ll penatty
Stateasmssment may be prepared.
of North lin I Env twat Quality ( Watt Resourm
610 East Center Avenue, Suite 301, Mooresville, C 28115

K
Remedial ,actions should haviialready been taken to correct this problem and prevent further occurrences in the
future. The Division ofWater 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
nsent
Reminder: pursuant to Permit Condition 6 in ion Pernlittee is required to verbally notify the Regional
Office as soon as possible, not to exceed hours, from first knowledge of any non-compliance at
the facility including limit violations, bypasses of, or failure of a treatment unit. A wften report may
e 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...
Additionally and if you have not already done so, you may wish to consider registering to use the Division's new -
e-R system for the completion and electronic submittal of monthly Discharge Monitoring Repo
For more information, please visit the eDIVIR Website at the following address:
tt : orta(ncdenr or re w adrnin bo i u edrr.
_a
Mooresville Regional Office at --tgg
Sincerely,
n_
a m w.r
V
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
Moores\,41te,RegionalOffice,-,,En oftfile
NPDES Compliance/Enforcement Unit - Enforcement Fill
Sieto of North Carolina I Lavirorononvil QuWity i WaW Rewurocs
704-663-1699

DMR Review Record
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