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Home My WebLink AboutNC0065242_Enforcement_20180921. r -' Ut ROY COOPER NORTH CAROLINA Gowrnlr Environmental Quality MICRAEL S. REGAN T A CULPEPPER October 24,2018 Bill Willis Town of Grover ISO Baas 189 Grover, 073- 18 Subjject: Payment Acknowledgement for Civil Penalty Assessnient Grover WWTP County Cleveland Permit I CO0 4 Case No. LV-2018-0222 Dear Mr. ".Willis. This letter is to acknowledge receipt of Check No. 12445 in the amount of `$360.46 received from you dated 01 I 1 . This payment satisfies in Ball the civil assessment levied against the subject facility and this ease has been closed. Payment of this penalty in no way precludes future action by this Division for additional violations of the applicable statutes, regulations, or permits. If you have any questions, Tease call Wren Thedford at-707-6301. Sincerely, J�46�� Wren Tbedford' Administrative Assistant Water Quality Permitting Section Enforcement File # LV-2,018-0222 ooresville Regional Office u e isor F Q North earoliria Department of Environmental Quality 1 Diwston of Water Resources 610 East Center Avenue, Smite 301, Mooresville, NC 28115 704-663-1699 FILE COPY ROY COOPER NORT+4 CAROUNA 2OCKAEL S- REGAIN sacrftar�y LM,k CULPEPPER Twffim Dirvemy Certified Mail Return Rectiot Requested September 21, 2018 Bill Willis Town 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 1(a)(6) and NPDES WW Permit No, N'CO065242 Town of Grover Grover WWTP Case No. I.V-2018-0222 Cleveland County This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $360A6 ($250,00 civil penalty + $110,46 enforcement costs) against Town of Grover. This assessment is based upon the following facts: a review has been conducted of the Discharge Monitoring Report (I II) submitted by Town of Grover for the month of May 201& This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES WW Permit No. XC0065242. The violations, which occurred in May 2018, are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Town of Grover violated the terms, conditions or requirements of NPDES WW Permit No, NCO065242 and G.S. 143-215. 1(a)(6) in the manner and extent shown in Attachment A. In accordance with the maximums established by GS. 1,43-2 t 5.6A(a)(2), a, civil penalty may be assessed against any person who violates the terms, conditions or requirements of a permit required by G.St 143-215.1(a), North Carohna Department of Environmental Quality I Division of Water Resources 610 East Center Avenue, Suite 301, Mooresville, NC 28115 704-663-1699 Based up'ou" the aLk v`efitudings of fact and conclusions of la-w, 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, W. Corey Basinger, Regional Supervisor, Mooresville Regional Office hereby make the following civil penalty assessment against Town of Grover: $1�50,00 1 of I violations of G.S . 143-215. 1 (a)(6) and Permit No. NCO065242, by discharging waste water into the waters of the State in violation of the Permit Monthly Average for Total (as - Concentration $250.00 TOTAL CIVIL PENALTY $jj �O46 Enforcement Costs L-3�6046 TOTAL AMOUNT 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 violation; ('121) 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; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally" (7) 'fhe 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 (30) days of receipt of this notice, you must do one of the following: (1) Submit payment of the penalt- y, 0 R (2) Submit a written request for remission, OR (3) Submit a written request for an administrative hearing mczm�� Payment should be made directly to the order of the Department of Environmental Quality (do not inchule waiver fiorm). 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 Ppp%ption2: Submit a written request for remission or mitigation 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 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. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your fight to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil, penalty should beremitted, and submit it to the Division of Water Resources at the address listed below. In determining 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 NCGS 143B-282, I (b) was wrongfully applied to the detriment of the petitioner-, to whether the violator promptly abated continuing environmental damage resulting from the violation-, (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions, 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 rcvievw 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 Commissions Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider inforniation 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.regazest remission you tnus comp ere and submit rho enclps nest for Remission of Civil Penalties, Waiver of R:tght to ail AdministratiyS Hearingan4 _ -5tippfarign of Facts"fonn within th i 30 a s caf r eft 2fthis notice. The Division of Water Resources also rpritLeststhatyou com et end submit xhg_ enclosed "Justification for Pkk__ 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 Option 3,: File a petition for an administrative hearing with the Office of Administrative Heajj#jLs,: The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows: 6714 Mail Service Center Raleigh, NC 27699 6714 Tel: (919) 431-3000 Fax: (919)431-3100 One (1) copy of the petition must also be served on DE: as follows: Mr. William F. Lane, 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 dateltime received stamp (not a postmark), will result in this matter being referred to the Attomey General's Office for collection of the penalty through a civil action. Please be advised that additional penalties maybe 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 Resourccs staff of the Mooresville Regional Difice at (704) 663-1699 or via email at oriAuvia(4,`ucdenr.gov, 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 UEST Case Number: LV-2018-0222 County: Cleveland Assessed Party: Town of Grover Permit No.: NCO065242 Amount Assessed: jj0.46 Please. use this forni when requesting remission of this civil penalty. You must also complete the "Request For Remission, ff"aiver q/'Right to an Administrative Hearing, andStipulation of Facts' 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. § 143B-282.1(c), remission of a 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 factors in N.C.G.S. 14313-282. 1 (b) were wrongfully applied to the detriment of the petitioner (the assesstnent,factors are listed in the civil pescant , assessment docutnenr�; (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e,, explain the steps that you took to correct the violation sand preventffuture occurrences) (c) the violation was inadvertent or a result of an accident (L e,, explain wky the violation was unavoidable or something you could not prevent or preparefior),- (d) the violator had not been assessed civil penalties for any, previous violations; (e) payment of the civil penalty will prevent payrnent for the remaining necessary remedial actions (i.e., e� plain howpayment of the civil penalit , will preventyouftom performmg the activities nevessaty to achieve compliance,", EXPLANATION, STATE OF NORTH CAROLINA DEPARTMENT OF FNVIRONMENTAL QUALITY COUNTY OF CLEVELAND IN THE MATTER OF ASSESSMENT AI"V F RIGHT TO A OF CIVIL PENALTIES AGAINST }NDNHNISTRATIVE HEARING TIPUI, TI N OF FACTS Tort of Grover Grover WWTP PERMIT" NO. NCO065242 CASE NO. LV-2018-0222 Having been assessed civil penalties totaling 360, for violation(s) as set forth in the assessment document of the Division l` Water Resources dated 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 doses stipulate that the facts are as alleged in the assessment document. The undersigned ftirtber understands that all evidence presented in support ofremission oft is civil penalty must be submitted to the Director of the Division of dater Resources within thirty, ( days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after 0 j days from the receipt of the notice ofassessment. This the day of � 20 SIGNATURE ATTACHMENT Town of Grover' NUMBER:CASE LV-2018-0222 PERMIT: NCO066242 REGION: Mooresville FACILITY: Grover VVVVTP COUNTY: Cleveland LIMIT VIOLATION(S) SAMPLE;LOCATION: Outfall 1 - Effluent Violation Report Unit of Limit Calculated % Over Violation Penalty Date MonthNr Parameter Frequency Measure Value Value Limit Type Amount /tCCl18 5-2018 Nitrogen, Ammonia Weekly rng1l 190 T7 97A Monthly $ 59 0 Total (a N) - Average Concentration Exceeded Z 10 L a6e JOSIAjOnS ! uo :JIO-U6G JOSIAiadrr, q pajoldwoo u 0sle1JuaOua 1716 011 06't It6w Alaam - (N sa) le&ale utawwal'ua60JIlN MZU/9 ue�lraV I!w$1 anleA ante aJnse l uuanbaJ 38IM Jed area JOAO % palenote P"I is oun MIeJOIA Won ilia _ Ro 11 pi { ua! U011M J!uJ!'jA I 0 ynueJa Sa ar Lpuejq sa es~ ol juanW3 Wo U011BOWSS,80 @WeN 6p0gJa enr uoild JosaCI IIepno # ne lno pogJa'e o- 6 :Jope-A WOLLM1009 SIU9WSSESZV JOIJd P Off !-lad IJu t ON :-PqwnN Pwu 8IjWV . n.QJ OWEN Aj!jpej IJJJeU0f6a8ajj!AWJ00n M9 I Prior -M nth EnforcemDt History' Limit Violation Sample Location: Outtall 001 - Effluent Violation Report Violation Date Period Parameter Type NOD NOV CPA 613012017 0- 017 Nitrogen, Ammonia Total (as Monthly Average NOV-2017-LV-0755 N) - Concentration Exceeded 7131/2017 7-2017 Nitrogen, Ammonia Total (as Monthly Average NOV-2017-LV-075 N) - Concentration Exceeded 91300017 9-2017 Nitrogen, Ammonia Total (as Monthly Average NOV-2018-LV-002 N) - Concentration Exceeded Other Violation Sample Location: Violation Report Violation Date Period Parameter Type NOD NOV CPA 12/1312017 Violation detected NOV-2017-PC,0723 during inspection 12/13/2017 m Violation detected NOV-2017-PC-0723 during inspection 12/1312017 Violation detected NOV-2017-PC•0723 during inspection 12/1312017 Violation detected NOV-2017-PC-0723 during inspection 12/1312017 Violation detected NOV-2017-PC-0723 during inspection; 12113/2017 Violation detected NOV-2017- C-0 2 during inspection i 'Ai ,..aserfiche Ori Tuvia NCDEQ Mooresville Regional office 610 E. Center Ave., Suite 301 Mooresville NC 28115 Re: Notice of Violation Tracking No. NOV-2,018-LV-0630 Permit Number NC 0065242 Grover WWTP Cleveland County Ori, This in response to the aforementioned NOV, During the month of May 2018 The Town of Grover's WWTP experienced several Illegal dumps into the collection system which adversely affected the WWTP. I have included pictures of the consequences to the plant, explained later. We knew these dumps were going on but to this day we are unable to catch the perpetrator, we have asked for assistance from law enforcement, On july4,2018 we did finally catch an )1legal clumpentering the plant, pictures included, times higher than normal, analysis included. VRmDavis Grover WWTP Attachments: A,B: Foaming on aeration after a dump May 16, 2018 C: MILSin aeration dyed black may 21, 2018 D,E,F: Influent black and thick July 4, 2018 G: MLSS dyed black July 4, 2018 H. Influent analysis July4, 2018 Is � � � )r worAmirgen ., POST Pars bOX 1 - #6 PINEWOOD LA; A DR. GRANITE FALLS, NORTH CAROLINA 2W0 () 396,4444 SAMPLE: Grover #—INF COLLEC77ON DATE: 71412018 ADDRESS,{ RECEIVED DATE: 7/512018 RECEIVED TIME; 1 :3 REPORTED: 7131 /201 fl�6" Tony Gragg, Lab Supemisor Violator: 'Town of Grover FacilityName: Grover WWTP Permit umber: NCO065242 Fount: Cleveland Case umber: LV-2018-0222 ASSESSMENT FACTORS 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; Al p The duration and gravity of the violation .: or The effect on ground or surface water quantity or quality, or on air quality; The cost of rectifying the damage-, w� The amount of money saved by noncompliance; Cat 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 Commi&sion has regulatory authority and Anne 2017 — 1 Montffly limit violation I July 2017 - 1 Monthly limo violation = NOV September 20,17 - 1 Monthly limit v olabon = NOV The ost to the State of the enforcement procedures. l lll.46 Enforcement Cast: 1 hour staff time... .... .. ..,..H.... ...ir...... 7.7 1 hour supervisor time ......... .......... ............ ,.,..•.., 573 Administrative /CO staff cost...,,... .... ........... ........ 15.00 Teti enforcement cost 1M 4fa )ate W. Foray Basinger, Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office Division of Water Resources, NCDEQ