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HomeMy WebLinkAboutNC0065242_Regional Office Historical File Pre 2018 (4)ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANIEL SMITH D recur Certified Mail # 7018 0360 0002 2099 7170 Return Receipt Requested Roy Dyer, Mayor Town of Grover PO Box 189 Grover, NC 28073 NORTH AF 0l.9NA Environmental Quality October 20, 2020 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. NC0065242 Town of Grover Grover WWTP Case No. LV-2020-0307 Cleveland County Dear Permittee: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $362.70 ($250.00 civil penalty + $112.70 enforcement costs) against Town of Grover. This assessment is based upon the following facts: a review has been conducted of the Discharge Monitoring Report (DMR) submitted by Town of Grover for the month of July 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 July 2020, 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. 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(a)(22), 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). efaertment of Etwit' cement* QusiAY I A yearn of Weer Rem.) roes 14Coore k Re sarasS Off;ce ! 610 Eau Center Awrwe, Sure .341 I Mcoresriie, North Germ ne 2811.5 704463-169 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, I, W. Corey Basinger, Regional Supervisor, Mooresville Regional Office hereby make the following civil penalty assessment against Town of Grover: $250.00 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 Nitroaen., Ammonia Total (as N) - Concentration $250.00 TOTAL CIVIL PENALTY 112.70 Enforcement Costs $362.70 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; () 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) 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: Submit payment of the penalty, OR Submit a written request for remission, OR Submit a written request for an administrative hearing Option I: Submit payment of the penalty: Payment should be made directly to the order of the Department of Environmental Quality (do 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 27699-1617 Option 2: 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 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: (1) 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 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 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 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 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 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 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 a.rn. 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 (1) copy and a filing fee (if a tiling 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 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: 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 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 staff of the Mooresville Regional Office at (704) 663-1699 or via email at ori.tuvia@ncdenr.gov. Sincerely, DocuSigned by: AUCC681AF27425._ 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 RESS ON REQUEST, Case Number: LV-2020-9307 Assessed Party: Town of Grover Permit No.: NC0065242 County: Cleveland Amount Assessed: $362,70 Please use this form when requesting remission of this civil penalty, You must also complete the "Request For Remission, 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 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. 143B-282.1(h) were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e,„ explain the steps that you took to correct the violation and prevent fufure occurrences); (c) the violation was inadvertent or a result of an accident (i.e., 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 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 you from performing the activities necessary to achieve compliance). EXPLANATION: STATE OF NORTH CAROLINA COUNTY OF CLEVELAND IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST Town of Grover Grover WWTP PERMIT NO, NC0065242 DEPARTMENT OF ENVIRONMENTAL QUALITY WAFVER OF RIGHT TO AN AD 1 STRATIVE HEARING AND STIPULATION OF FACTS CASE NO. EV-2020-0307 Having been assessed civil penalties totaling $36230 for violation(s) as set forth in the assessment document of the Division of Water Resources dated October 20, 2020, 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: - 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 remission request will be allowed after (30) days from the receipt of the notice of assessment. This the day of , 20 ADDRESS SIGNATI. TELEPHONE PERMIT: NC0065242 FACILITY: Grover E LOCATION: tutfall 001 - EfF uent Vlolatin Report Date MenthlYr Para , 111 0 7- 0 0 Ammonl Total as N) Concentration ATTACHMENT A Town of Grover' CASE NUMBER: L - 0 1 REGION: Mooresville CCU : Cleveland Calculated Over Violation Frequency Measure Value Value mit Type Weekly Unit of l 3905„17 ' Monthly Average Exceeded ROY COOPER Governor MICHAEL S. REGAN secr,faery S. DANIEL SMITH D rrc-tor Certified Mail # '7018 0360 0002 2099 7170 Return Receipt Requested Roy Dyer, Mayor Town of Grover PO Box 189 Grover, NC 28073 NORTH A OLINA Enrbo, ntal Quality October 20, 2020 StiBJ.ECT: Notice of Violation and Assessment of Civil. Penalty for Violations of North Carolina General Statute (G.S.) 143-2'15.1 a) 6 and NPDES WW Permit No. NC0065242 Town of Graver Grover WWTP Case No. LV 2020-0307 Cleveland County Dear Permittee. This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $362.70 ($250.00 civil per + $112.70 enforcement costs) against Town of Grover. This assessment is based upon the following facts: a review has been conducted of the Discharge Monitoring Report (DMR) submitted by Town of Grover for the month of July 202,0. 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 July 2020, 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 tertns, conditions or requirements of NPDES WW Permit No, NC0065242 and G.S. 143-215.l(a)(6) in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty may he assessed against any person who violates the terms, conditions or requirements of a permit required by G.S. 1,43-215.1(a). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environtnental 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: $250.00 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 Nitrozen, Ammonia Total (as N) - Concentration $250.00 $112.70 $362.70 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 f the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity oldie '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) 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 l'orin) 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 27699-161.7 Option 2: 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 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: (1) 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 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. 'Iherefore, it is very important that you prepare a complete and thorough statetnent 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 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 forms should be submitted to the following address: Wastewater Branch Division .of Water Resources 1.617 Mail Service Center Raleigh, North Carolina 27699-1617 Option 3: File a petition or an administrativeadmnistrative hearingwith 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 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 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 (1) copy and a filing fee (if a tiling 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 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: 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 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 staff of the Mooresville Regional Office at (704) 663-1699 or via email at ori.tuvia@ncdenr.gov. Sincerely, DocuSigned by: A14CC681AF27425.„ 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 RF LEST Case Number: LV-2024-0307 Assessed Party: Town of Grover Permit No.: NC0065242 County: Cleveland Amount Assessed: $362.70 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, 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 N.C.G.S. § 1.4313-282.1.(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 assessrne.ntfactoras are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e,, explain 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 why the violation was unavoidable or something you could not prevent or prepare fi r); (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 (Le., explain how payment cif the civil penalty will prevent you from performing the activities necessary to achieve compliance)„ EXPLANATION: STATE OF NORTH CAROLINA COUNTY OF CLEVELAND IN THE ATTER OF ASSESSMENT1, OF CIVIL PENALTIES AGAINST Town of Grover Grover WWTP PERMIT Na l002: DEPART RF lEI I'I` OF E VIRONI IENTAl. QUALITY WAIVER OF RIGHT TO Al ADMINIST TIVE HEARIN AND STIPULATION LATION OF FACTS CASE NO EV- 020-0307 Having been assessed civil penalties totaling $362.70 for violations) as set forth in the assessment document of the Division of Water Resources dated October20, 2020, 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 (30) days of receipt of the notice of assessinent No new evidence in support of a remission request will be allowed after (30) days from the receipt of the notice of assessment.. This the day of ADDRESS SIt.; NsTI RE TELEPHONE PERMIT: NC0065242 FACILITY: Grover P ATTACHMENT A Town of Grover CASE NUMBER: LV- 0 0-0307 LIMIT VIO 110Np) AMPLE LOCATION Ouffall 001 Violation Report Date Mnth/Yr Parameter uent Freq nency Unit or 7/31/202 7-2020 Nitrogen, n, Ammonia= Total (as N) - Concentration iy rng/I REGION: Mooresville COUNTY: Cleveland Limit Catania % Over Violation Penalty Value Value Limit Type Amount 3.9 7 32.6 Monthly Average Exceeded ;25000 TOWN OF GROVER 207 Mulberry Road P© Box 189 Grover, North Carolina 28fl73 704-937-9986 Fax 704-937-9377 October 7, 2020 W, Corey Basinger, Regional Superviso Mooresville Regional Office NCDEQ Re, Notice of Violation NOV-2020-LV-0683 Permit No. NC0065242 Grover WWTP Cleveland County Mr. Basinger, 1 fais i ira response+ to the aforementioned NOV, Ammonia Nitrogen was exceeded for the month of July 20..20.. Response. As stated in an earlier response we are aware that Arran or3ia Nitrogen k a reoccurring problem. For a short term fix 1 will begin feeding nit:rifying bacteria an other peoples to cone up with a more sustainable solution. ork with The town of Grover is also looking at options to either upgrade their existing plant or replace it. These are expected to be two years out though. ORC: 1own of (,rover MK HA'EL 5. REG,'\N S. DANIEL SMITH Certified Mail # 7018 0360 0002 2099 7132 Return Receipt Requested Roy Dyer, Mayor Town of Grover PO Box 189 Grover, NC 28073 TA NORTH CAROL ',IA Environmental t uexllty September 22, 2020 SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY Tracking Number: NOV-2020-LV-0683 Permit No, NC0065242 Grover WWTP Cleveland County Dear Mr, Dyer: A review of the July 2020 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) indicated below: Limit Exceeda!Jce Vialatiion(s): Sample Location Parameter Date Limit Reported Value Value Type of Violation 001 Effluent Nitrogen, Ammonia Total (as 7/31/2020 3.9 5.17 Monthly Average Exceeded N) - Concentration (C0610) A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and the facility's NPDES WW Permit. Pursuant to G.S. 143-2.15,6A, a civil penalty of not more than twenty-five thousand dollars (s25,000.00) 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. 143-215.1. cif :14 If you wish to provide additional information regarding the noted violation, request technical assistance, or discuss overall compliance please respond in writing within ten (10) business days after receipt of this Notice. A review of your response will be considered along with any information provided on the submitted Monitoring Report(s). You will then be notified of any civil penalties that may be assessed regarding the violations. If no response is received in this Office within the 10-day period, a civil penalty assessment may be prepared. Remedial actions should have already been taken to correct this problem and prevent further occurrences in the future. The Division of Water 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 Consent. Reminder: Pursuant to Permit Condition 6 in Section E, the Permittee is required to verbally notify the Regional Office as soon as possible, not to exceed 24 hours, from first knowledge of any non-compliance at the facility including limit violations, bypasses of, or failure of a treatment unit. A written report may be 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. If you have any questions concerning this matter or to apply for an SOC, please contact Ori Tuvia of the Mooresville Regional Office at 704-663-1699. Sincerely, DocuSigned by: A14CC681AF27425_ W. Corey Basinger, Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office Division of Water Resources, NCDEQ Cc: WQS Mooresville Regional Office - Enforcement File NPDES Compliance/Enforcement Unit - Enforcement Fie D4-:Piir-1,-,1 E., t t #.11: DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT Violator: Town of Grover Facility Name: Grover WWTP Permit Number: NC0065242 County: Cleveland Case Number: LV-2020-0307 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; None documented. However, the discharge of treated effluent in excess of permit limitations 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 effluent in excess of permlt tlmitations has the potential to adversely impact surface waters. 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 be willful or intentional 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 10/31/2019 10-2019 Nitrogen, Ammonia Total (as Monthly Average NOV-2019-LV-0922 N) - Concentration Exceeded 4/2-572020 4-2020 Nitrogen, Ammonia Total(as kly Average NOV-2020-LV-0469 LV-2020-0187 N) - Concentration Exceeded 4/30/2020 4-2020 Nitrogen, Ammonia Total N) - Concentration Exceeded 6/30/2020 6-2020 Nitrogen, Ammonia Total N) - Concentration Exceeded nthly Average NOV-2020-LV-0469 LV-2020-0187 onthly Average NOV-2020-LM-0069 9/30/2019 9:2019 Nitrogen, AmmoniaTotal (as Monthly Average NOV-2019-LV-0871 N) - Concentration Exceeded 8) The cost to the State of the enforcement procedures. S112.70 10/20/2020 Date DocuSigned by: A 4CC681AF27425_ W. Corey Basinger, Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office Division of Water Resources, NCDEQ