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Home My WebLink AboutNC0065242_Regional Office Historical File Pre 2018 (3)ROY COOPER Goo. MICHAEL 5. REGAN .Secretary S. DANIEL SMITH Director Certified Mail # 7018 O360 0002 2099 7"231 Return Receipt Requested Roy Dyer, Mayor Town of Grover PO Box 189 Grover, NC 28073-0189 NORTH CAROUNA Environmental Quality Janu.a2021 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Caro''li.na General Statute (G.S.,, ) 143-215.1(a)(6, and NPDES WW Permit No. NC0065242 Town of Grover Grover WWTP Case No, L V-2021-0021. Cleveland County Dear Mr. Dyer: This letter transmits a Notice of Violation and asses sntert of civil penalty in the amount of $617.15 ($500.00 civil penalty $117,15. enforcement costs) against Town of Grover. This assessment is based upon the following facts: a review has been conducted of the Discharge Monitoring Report ([AMR,) submitted by Town of Grover for the month of October 2020. 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. NC0065242. The violations, which occurred in October 2020, are summarized in Attachment A to this letter, Based upon the above facts, 1 conc'lu.de as a matter of law that Town of Grover violated the terms, conditions or requirements of NPDES WW Permit No, NC0065242 and G.S. 143-215.1(a)(6) in the manner and extent shown in Attachment A. in accordance with the maximums established by G.S. 143-215.6A(aX2), a civil penalty may be assessed against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a). NQ't°,Gar; 0, ert!+ rt fEw r **ts Drat t. B D i Wjt+eres rc=es a# gyres, Reg,,^s »K=ce ! E1D Easy Carter Awttue. Sul* 301 A .w.!**vr`e.lvoss Zara.+ a 2E115 7044E3-1E14 Based upon the above findings of fact and conclusions of law, 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: $500.00 $.500.00 $117.15 $617.15 1 of 1 violations of G.S. 143-215.1(a)(6) and Permit No, NC0065242, by discharging waste water into the waters of the State in violation of the Permit Monthly Average for Nitrogen, Ammonia Total (as N.) - Concentration TOTAL CIVIL PENALTY Enforcement Costs TOTAL AMOUNT DUE Pursuant to G.S. 143-215,6A(c), in determining the amount of the penalty 1 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; (2) The duration and gravity of the violation; (3) The effect on round or surface water quantity or quality or on air quality; (4) The cost of rectifying the darnag.e; (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 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 penalty, OR (2) Submit a written request for remission, OR (3) 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 (do not include waiver fi..)rirt) 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 161.7 Mail Service Center Raleigh, North Carolina 27699-'1617 PrOption 2: Submit a written request for remission or mitigationincluding 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 right 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 be remitted, 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: (I.) whether one or more of the civil penalty assessment factors in 'NCGS 143B-282.1(b) was wrongfully applied to the detriment of the petitioner; (2) 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 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 far payment, and provision for further appeal of the penalty to the Environmental Management Commission's Conunittee 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 order to request remission, you must complete and submit the enclosed_Request for. Remission of Civil. Penalties„. Waiver of Right to an Administrative Hearing:, and Stipulation of Facts" form within thirt 30) days of receipt of this notice. TheDivision of Water Resources also e uests that you complete 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 Option 3: File a petition for an administrative hearin 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 within thirty. (30) days of receipt of this notice: A petition is considered tiled when i.t 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 a.m. and 5:00 p.m., except for official state holidays. The petition may be filed by facsimile (fax) or electronic mail by an attached file (with restrictions) provided the signed original, one (I) copy and a filing fce (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 Offi.ce of Administrative Hearings with all questions regarding the filing fee and/or the details of the tiling process. The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows: 6714. Mail Service Center R.aleig:h., NC 27699 6714 Tel: (919) 431.-3000 Fax: (919) 431-3100 One (1) copy of the petition must also be served on DEQ 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 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 staffof the .Mooresville Regional Office at (704) 6.63-1699 or via email at pri Sincerely, EDocuSigned by: 44.1"tiV F 61 F1359A2D84A3 for W, Corey Basinger, Regional Supervisor Water Quality Regional Operations Section 'Mooresville Regional Office Division of Water Resources, NCDEQ A'FFACHMENTS Cc. WQS Mooresville Regional Office - Enforcement File NPDES Compliance/Enforcement Unit .- Enforcement File JUSTIFICATION FOR REMISSION REOUEST Case Number: IN-2021-0021 Assessed Party: Town of Grover Permit No.: NC0065242 County: Cleveland Amount Assessed: $617.15 Please use this form when requesting remission of this civil penalty, You must also complete the "Request For Rernissiom Waiver of Right to an Administrative Hearing, and Stipulation 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 § 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. 143B-282,1(b) were wrongfully applied to the detriment .of the petitioner (the assessment factors are listed in the civil penalT assessment document); (b) the violator promptly abated continuing environmental damage resulting from, the violation explain the steps that you took to correct the violation and prevent fiaure occurrences); (c) the violation was inadvertent or a result of an accident (ie., explain .why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for y previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions Le., explain how payment of the civil penalty will ,prevent voufrom perfOrming the activities necessary to achieve compliance), EXPLANATION: STATE OF NORTH CAROLINA DLP R1ML OF LNVIRONM N[Al UALITY COUNTY OF CLEVELAND 1N THE A rTER OF Aa MENT OF CIVIL PENALTIES AGAINST Town of Grover Grover TP PERMIT NO. NC:006. WAIVER OF RIGHT T TO ADMINISTRATIVE HEA G AND STIPULATION IFACTS CASE LW2021 0021 amg been assessed civil penalties tot l 617.1 S for violation sl as set forth in the assesslrrent docurrren of the Division of Water Resources dated January 21, 2021, the undersigned, desiring to seekremission trf the civil permit,, does hereby Tsai e the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. 1'he undersigned further understands that all evidence presented in support of remission of this ciitil. penalty must he submitted to the Director of the Division aision of Water Resources within thirty (30) days of receipt of the notice essrnent, No new evidence in suppt- n of a remission request will be allowed after (31 days trim the receipt of the of assessment, the day o ADDRESS I FPITON G'UCRL PE 1`: NC0065242 FACILITY rover ATTACHMENT A Town of Grover CASE U LV-2021-0021 IITVIOLATIONS) SAMPLE LOCATION: Covell001 -E uent Violation Date Report rstlr Prerete ille COUNTY: Cleveland limit of Calcula F quency Measure V Value /20g 10 20 .0 Nitrogen AmAmmonia Weekly rn di 390 1 Total N) - Concentration Violation Penalty Type , Amount Monthly 00 Average Exceeded DIVISION OF WATFR RESOURCES - CIVIL PENALTY ASSESSMENT Violator: Town of Grover Facility Name; Grover WWTP Permit Number: NC0065242 County: Cleveland Case Number: L.,V-2021-0021 ASSESSMENT FACTORS I) 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; None documented. However, the discharge of effluent in excess of permit limits has the potential to adversely impact natural resources. 2) The duration and gravity of the violation; As documented in Attachment A. 3) The effect on ground or surface water quantity or quality or on air quality; None documented. However, the discharge of treated wastewater in excess of permit limits has the potential to adversely impact surface water quality. 4) The cost of rectifying the damage; Unknown. 5) The amount of money saved by noncompliance; Unknown. 6) Whether the violation was committed willfully or intentionally; Not suspected to have been 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 Violation Report Violation Date Period Parameter Type NOD NOV CPA 10/31 r2 10-2019 Nitrogen, Ammonia Total (as Monthly Average N) - Concentration Exceeded NOV-2019-LV-0922 4/25/2020 4-2020 Nitrogen, Ammonia Total (as Weekly Average N) - Concentration Exceeded NOV-2020-LV- 46 V-2020-0 7 4/30/2020 4-2020 Nitrogen, Ammonia Total (as Monthly Average N) Concentration Exceeded 6/30/2020 6-2020 Nitrogen, Ammonia Total (as Monthly Average N) - Concentration Exceeded NOV-2020-LV-0469 LV-2020-0187 NOV-2020-LM-0 9 -2020-0037 7/31/2020 7-2020 Nitrogen, Ammonia Total (as Monthly Average N) - Concentration Exceeded 8131/2020 8-2020 Nitrogen, Ammonia Total (as Monthly Average N) - Concentration Exceeded 0/2020 9-2020 Nitrogen, Ammonia To (as Monthly Average N) - Concentration Exceeded NOV-2020-LV-0683 LV-2020-0307 NOV-2020-LV-0768 NOV-2020- V-0 56 Monitoring Violation Sample Locat on: Outfail 001 - tftuen Violation Report Violation Date Period Parameter Type NOD NOV CPA /30/2020 6 2020 Mercury, Total (as q) .. Frequency Violation Concentration # V-202ti_L 1 0069 Liar 2020-0 7 6/302020 2020 Nitrogen, Total - Cancan ation Frequency Violation NCV-2020 LM-0ty L i-2020-0 7 / 01'2i020 -2020 Phosphorus, Total (as P), Frequency Violation Concentration N V-202 -LM-0 9 L-202000 7 Other Violation Violation Date 9l1 012020 Report Period Pa peter Violation Type NOD NOV Violation detected NOV•2020-PC-2 The cost to the State of the enforcement procedures. 5117.15 1 hour staff time 40.43 1 hour supervisor time 6172 Administrative staff cost 15.00 Date fo CPA ore Basinger, Re ionat Superat,or ter Quality Regional Operations Section Mooresville Regional Office Division of Water ResourcesNCDEQ