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HomeMy WebLinkAboutNC0065242_Regional Office Historical File Pre 2018 (5)ROY COOPER Cover -nor MICHAEL S. REGAN S. DANIEL SMITH Certified flail # 7018 0360 0002 2099 7163 Return Receipt Requested Roy' Dyer, Mayor Town of Grover I O Box 189 Grover, NC 28073 SUBJECT: Dear Mr, Dyer: NORTH CAROLINA En vlronmental Quality October 06, 202. Notice of Violation and Assessment of Civil Penalty for °'iolations of North Carolina General Statute (G.S.I 1.43- and NPDES WW Permit No, NC0065242 Tobin ofGrtr Grover \A'WfP C:'ase Nina 1. M-2020-0037 t'lev°e,a¢td C"iarsnty This letter transmits a Notice of Violation and assessment cfcivil pena S112.70 enforcement costs) against. Town of C:irover. This assessment is based upon the follow 5612.70 ($500,0t0 ei pen tr has been conducted c t the T iseharge Monitoring Report MR) submitted by Town of Grover for the month ofJune 2020, This review has shown the subject facility to be in iron of the discharge limitations andlor monitoring requirements found in NPDES WW Permit No, NC0065242, The ns, which occurred in June 2020, are summarized in Attachment A to this letter. Based upon the above facts, 1 conclude as a matter of law tl Grover violated the terms, conditions or requirements of NPDES \VW Permit No, NC0065242 and („r.S 143-21 >.10)(6) in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143-213,6A(a)(2), a civil penalty may be assessed against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-21 ti. l l a:1. atArtt Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretaryof 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 Ton of Grover: $500,00 of 1 violations of G,S, 143-215.1(a)0) and Permit No. NC0065242, by discharging waste water into the Waters of the State in violation of the Permit N4ontrily Average for Nitrogen, Ammonia Total (as N) - Concentration $0.00 for 0 of the 1 failures to properly monitor Mercury Total(as Concentration in violation of Permit No. NC0065242. 0.00 for 0 of the I failures to properly monitor Nitrogen, Total- Concentration atio f Permit No„ NC0065242. $0,00 for 0 of the 1 failures to properly monitor Phosphorus, Total (as P) - :oric .. in violation of $500.00 $:112,70 Permit No. NC0065242, 'UOTAL CIVIL PENALTY Enforcement Costs TOTAL AMOUNT DUE Pursuant to (3.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 Ibrth at G.S., 143B-282,1(b), which are: The degree and extent of harm to the natural resources of the State, to the public health, or ) private property, resulting from the violation, (2) The duration and gravity,' of the violation; (3) The effect on ground or surface water quantity or qua air quality; (4) The cost of rectifying the damage; (5) The amount of money saved, by noncompliance; (6) Whether the violation was committed wailfully 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) 'lite cost to the State ofthe 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, Ok (3) Submit a written request for an administrative hearing Option 1: Submit payment of the penalty': Payment should he made directly to the order of the Department of .Environmental Quality (Jo not include waiver /;,-.)rin), 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 1.61 7 Mail Service. Center Raleigh, North Carolina 27699-1617 V,- , Option 2: Submit a written request for remission, or mitigation including a detailed justification for such requ.est: 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 h.earing, such a request must be accompanied by a waiver of your right to an administrative hearing arid a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a, derailed 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 he approved, the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in N( GS 143B-282,1.(tn ,,vas wrongfully applied to the detriment of the petitioner, (2) wh.ether 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 presentedin support of your request for remission must be submitted in writing. -lhe Director of the Division of Water Resources will review your evidence and inform you of his decision in the matter of your remission request, "Fhe 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 RetniSSi011S (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 (fl remission. In order to re,p_rest remission,y011 must complete and submit the enclosed "ReQuest for Remission of Civil Penalties. Waiver of Right to an Administrative ilearix.„1, and Stipulationof Facts:: form within thirtv1,30) days, of receipt of this "notice. The Division of Water Resources also requots that you completeand submit the enclosed "Justification for Rernission ReAtiest," Both forms should be submitted to the following address: `i,Vastewater Branch Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-161 7 Option 3: File a petition for an ,adn nistrative hea lith the Office f Aftministrative If you wish to contest any statement in the attached assessment (locument yr)it ['rust tile 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. 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 800 a.m„ and 5:00 p,m, except for official state holidays, The petition may be filed 'by facsimile (fax) or electronic rnai I by an attached file (with, restrictions) - provided the signed original, one ( I) copy and a tiling tee (if a filing tee is required by NCGS §150B-'23„2) is received in the Office of A(iministrative Hearings ,Nt41.1in seven (7) business days following the faxed or electronic transmission,. You_ should contact the Office of Administrative H.earings with all quesfions regarding the filing tee and/or the details ofthe filing process, The mailing ldress and telephone and fax numbers for the Office of „Administrative Hearings irc as follows: 6714 .Mail Service Center Raleigh, NC 27699 6',71.4 Tel: (919) 1 -3,000 Fax: (919) 431-3100 One (I) copy of the petition must ako he served on DEQ as follows., Mr„ William F Lane, General (,'ounsel Department of Environmental Quality 1601 Mail Service Center Raleigh„ 'North Carolina 27699-1601 Please indicatethc case nurnber as tound an page one f ththis letter on the pe Failure to exercise one of the options above ithin thirty (30) days of receipt of this letter, as evidenced by an niternal dateltitne 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 he advised that additional penalties may he assessed for violations. that occur after the review period of this assessment, If you have any questions, please contact Ori luvia with the Division of \A ater Resources staff of the Mooresille Regiona Office at (704) 663-1699 or via email at ori„tuvia4nedenr.gov„ Sincerely. DocuSigned by: A14CC681AF27425_ \V. Corey Basinger, Regional Supervisor Water Quality Regional Operations Section Nlooresville Regional Office l)ivision of Water Resources, .NC.DEQ ATTACHMENTS (c: WQS Mooresville Regional Office - Enforcement File N.PDES Compliance/Enforcement no nforcement File JUSTIFJC.A'1'ION FOR :'MISSION RE C VEST Case Number: LM-2020-00 7 Assessed Part}: 'Grover Permit No.: NC006242 County: veland Amount Assessed: Ct12.70 ingrett sictrt ofthis civil penalty. You must. also corral `Right to an a i 'trrt cast rt`ve (fearto request rern documents that you believe support yartar tr;,quest and are necessary for the [)it renaissic rn. Please be aware that a request for remission is limited to consideration ttf the five elate to the reasonableness of the arnount of the civil penally assessed. Requesting reirti4 aattt is not rite proper procedure fbr contesting whether the violations) occurred or the accuracy of any of statements contained in the civil penalty assessment document. Pursuant to N.C.G..S. § 143 B-282,1 i c is rernissi penalty nnay be graatt: d niv° when one or more of the tollowine ttve. 1`a.ctt°at.s apply. Please check each (.actor than you applies to yt. taa eat.se. and provide a detailed explanation, irta:.lca%fini copies of supporting documents, as to why the I. penalty assessment factors in N,C G.S, I43B-212,1(b) were wrongfully applied to the has: azssassment,tactors are listed in the c vil pcowitr ax,ss` ;s`.srrtarrrt' doe he violaat+ r promptly abated conti k to correct the VOl"ra the n ent of the civi /row par, a:°rrmpii n-' NATION: tent or a result e: n or prepare been assess c. mental damage resulting from the viol tt oc ourrerac1s : penalty vvil;l prevent payment for penalty as illprevent. yo v previous viola r y necessary remedial actin S FATE € Ir, l OR. l"1 { t" IN L f"" "% t_)lm ;n\ S1 SRIORNT i`.IIL Plw'N(u 1L, 1 1L.. fKt.i'1lN;S'i": IER1t1) I (). th b a t�i it °il Iscraalti rrttiira, f l_'._7 (fir; tcrhrn arut he anbatittt ttir tia ircut r ra anent Nonac:'i<i.nc.o in ;t.�f isigned right to an admire tire trati 0 Ftc Earirap ira tfa above estate at document, The undersigned iiart.h:c utar,lOrsta.rads that all II of IN'wet- Res uast pail -if' l PleiI( £.AER OF T" SIT -A Or 137.ACTS ADL)hl NO. 1 S1_ 0 Oat 7 .1 rtar�rra rta traa aat0tataatarat tata ar L.k rati i� to trlmh lvi9 puaatal rani tlra. ttittlatt that the t tt� ri.rac farutc3 ira ralaii1art rf'r":ara arc i � 'thin thirty tltirt, t t)I tla) ral" r@ tat of the does hereby cied in in i the rrratie the c ipt ral, PER IT: NC0065242 FACILITY: Grover' T IT VIOLATIONS) ATTACHMENT Town of Grover CASE NUMBER: L-2020-00 7 SAMPLE LOCATION: Outten 001 m Effluent Violation Report Date MonthiY 6/30/2020 -2020 Parameter Nitrogen, Anrmoni, Total (as PJ) - Concentration MONITORING VIOLATIONS) SAMPLE LOCATION. OutfalI 001 Effluent Violation Report Date onth/Y 5r3012020 6-2020 Parameter REGION: Mooresville COUNTY: Cleveland Unit of Frequency Measure Value Weekly 311 3 00 Calculated % Over Violation Value Limit Type 75.2 Monthly Average Exceeded Unit of Limit Cale Frequency easure Value ury, Total jas Hgj - Quarterly Concentration 6/30=°2020 -2020 Nrtrcgen Total Concentration aunt ly regg 6/30 2020 0-2020 Phosphorus, Total (as aem arrrrually rrrgr'1 P) - Concentration Iced Over Violation Type Frequency Violation Frequency Violation Frequency \gelation Penalty Amount $500,00 Penalty Amount 0. t"00 0 00 0 00 ROY COOPER MICHAEL S. REGAN Se( T irr'y S. DANIEL SMITH Director Certified Mail # 701.8 0360 0002 2099 7163 Return Receipt Requested Roy Dyer, Mayor Town of Grover PC) Box 189 Grover, NC 28073 NORTH CAROLINA Environmental Quality October 0ti, 2020 UBJEC'T: 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, LM.-2020-007 Cleveland County Dear Mr, Dyer: s a Notice of Violation an 3 assessment of cavil penalty in the amount of S612.70 ($500.00 civil penalty + $1 12.70 eenforcennent costs) against Town of Grover. This assessment is based upon the following facts: a review has been conducted of the Discharge Monitoring Report (DIVIR) submitted by Town. of Grover for the month of June 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 .rune 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)(2), a civil penalty may be assessed against any person who violates the terms, conditions or requirements ofa permit required by G.S. 143-21:3,l(a). rh° =°eV. :.w< , 4!f c I &ICI EAA - :ter 3 1 704 €.3-Ie N' 'v rrsy,` ,' ,-)rt.. ;„9ir.< 3 263.1 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 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 $0.00 for 0 of the 1 failures to properly monitor Mercury, Total (as -1) - Concentration in violation of Permit No. NC0065242. $Q.00 for 0 of the 1 failures to properly monitor Nitrogen, Total - Concentration in violation of Permit No. NC0065242. $0.O0 for 0 of the 1 failures to properly monitor Phosphorus, Total (as P) Concentrationviolation of Permit No. NC0065242. $500.00 $112.'70 $612.70 TOTAL CIVIL PENALTY Enforcement Costs 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 o t.tct 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: (1) Submit payment of the penalty, OR. (2) Submit a W.r.i tten request for 'remission, OR (3) Submit a written request for an administrative heari.ng Option 1: Submit payment of the penalty: Payment should be made directly to the order of the Department of Environmental Quality (do 710/ include waiver Ibrin), 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 Option 2: Submit a %%ritten 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 estahlishes 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 14313-282.1(b) was wrongfully applied to the detriment of the petitioner; (2) wheth.er 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 Comtnittee on Civil Penalty Remissions (Committee). Please he 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 ofRjgjtto an Administrative Hearing. and Stipulation of Facts" form within thirty (30 da.vs of recei t of this notice. The Division of Water Resources alsoH uestthatoucoin1eteandsubrnitthcencIoed "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 27699-1.617 Option 3: File a petition for an administrative hearing_with the Office of Administrative Hearings: lf you wish to contest any statement in the attached assessment document you in us t the 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. -r he Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 pm., except for official state holidays. The petition may be filed by 'facsimile (fa.x) or electronic mail by an attached file (with restrictions) - provided the signed original. one (1) copy and a tiling fee (if a..filing fee is required by NC(JS §150B-23.2) is received in the Office of Administrative Hearings within seven (7) business days following the faxed or electronic transmissicm. You should contact the Office of- Admin istrative Hearings With all questions regarding the tiling fee and/or the details of the filing process. The mailing adL -ess ant lephone and fax numbers tOr the Office of Administrative Hearings are as follows: 6714 Mail Service Center Raleigh, NC 27699 6714 Tel: (919) 43 1-3000 Fax: (919)431-3100 Oneop' of the petition must also be served on DEO, as follows: Mr, William P. 1„ane. General Counsel Department of 17.,nvironmental Quality 160 I 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 attic 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 he advised that additional penalties may he 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'iOcdenr.gov, Sincerely, DocuSignied by: Al4CC681AF27425... W. Corey .Basinger, Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office Division of Water Resources, NCD[Q ATTACHMEN't S Cc: WQS Mooresville Regional Office - Enforcement File NRDES Compliance/Enforcement Unit - Enforcement File JUSTIFICATION FOR REM!SSION REQUEST Case. Number: LIM-2020-0037 Assessed Party: Town of Grover Permit Na: NC0065242 County: Cleveland Amount Assessed: $6 I 2.70 Please use this form when requesting remission of this civil penalty. You must also complete the 'Request For Remission, Waiver of Right to an ,4dministrative 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 (imminent. Pursuant to § 1413B-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:fix:tors are listed 1,P7 the civil penalty assessment document):, (b) the violator promptly abated continuing environmental damage resulting from the violation .c„ 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 Jot); (d) the violator had not been assessed civil penalties for any previous violations; (e) payment (tithe civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain how papnent of the c ivil penalty will prevent you fram per/Orming the acqivities necessary to achieve compliance), EXPLANATION: pettaalty mu t lac sutra of assessment). :No,..newt notice of assessrrrcnt i T1°t 1-.N0RT11:CAROL N I 1 1`ELI: MAT VI sR OI ASSESSMENT ESSr 1E NT ilp ( I1, 1' :N..L . IAIt'* :S T, Trr tto t ro°e • :RMI`1" NO, NC 006 242 !laving been assessed civil pcna Iin frl.?.70 for vicrlatio stater Resources dated Oetoher tf6a, 2020, the: undersigned, desir ht to an adIninistraeating in the above -stated mattr assessment document. "l'he undersigned further understands that all f the Division as t"Water tort of a renaiss on request a DEPART P .RTENT OF t N 1.R lNhlENTral.. t t.it TY WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING INfl AND STIPULATION OF FACTS 1"Iris the SE NO. i, l I- 0 0- O 7 as set tsa h in the a setsraaerat dcreaanr rat raf fife I)i i ion G to seek remission ©t flee rival penaltyF, does 1 and does stipu ate. fleet flee facts are as a[Ic vidence presented it support of remission of dais civil sources within thirty° tad} days of receipt of tlre notice di Iae alto ttcr 0) days from the receipt of the ved a day of SIGNA IttRI AD' .1 PI IO I rereby. cd ire the PERMIT: NC0065242 FACILITY: Grover WINTP ATTACHMENT A Town of Grover CASE NUMBER: LIM-2020-0037 LIMIT VIOLATION(SI SAMPLE LOCATION: Outfall 001 Effluent REGION: Mooresville COUNTY: Cleveland Violation Report Unit of Limit Calculated % Over Violation Penalty Date MonthlYr Parameter Frequency Measure Value Value Limit Type Amount 6/30/2020 6-2020 Nitrogen, Ammonia Weekly mgil 3 90 6,83 75.2 Monthly $500 00 Total (as N) - Average Concentration Exceeded MONITORING VIOLATION(S) SAMPLE LOCATION: Outten 001 . Effluent Violation Report Unit of Limit Calculated % Over Violation Penalty Date MonthlYr Parameter Frequency Measure Value Value Limit Type Amount 6/3012020 6-2020 Mercury, Total (as Hg) - Quarterly noil Frequency $0 00 Concentration Violation 6/30/2020 6-2020 Nitrogen, Total - Semi-annually mge Frequency Concentration Violation 6/3012020 6-2020 Phosphorus, Total (as Semi-annually mgil Frequency P) - Concentration Migration $0 00 $0 00 o 2-0. d September 22, 2020 W. Corey Basinger, Regional Supervisor Mooresville Regional Office NCDEQ Re: Notice of Violation NOV-2020-LM-0069 Permit No. NC0065242 Grover WWTP Cleveland County Mr. Basinger, This is in response to the aforementioned NOV. Ammonia Nitrogen was exceeded for the month of June 2020. DENRiDvivfq Response: Ammonia has been a reoccurring problem for Grover. We seem to get it under control and then get a large spike. The ammonia loading on this plant is also very high. I will be working with some outside entities to formulate a remedy for this, Frequency Violation, Total Mercury, Response: The quarterly mercury sample was pulled on June 10, 2020. It was then handed off to Water Tech Labs that same day. Water Tech then shipped, via Fed -Ex, the next day, June 11, 2020 to GEL Labs in Charleston SC. Apparently Fed -Ex lost the samples and they did not reach Charleston SC until July 24, 2020. Some of the bottles arrived broken also. The lab could not run the samples. I was notified of this on August 3, 2020. Paper work attesting to this is included. Frequency Violation, Total Nitrogen, Total Phosphorous. Response: Both samples were pulled on April 8, 2020 and sent to Water Tech Labs. Lab results and chain of custody included. The results were inadvertently left off the April ©MR, the DMR was revised and submitted on September 19, 2020. If you have any questions please feel free to contact me at jIdavis012@gmail.cpm or 704-813- ORC Cathy Gragg From: Lindsay Fabra <Lindsay,Fabra@gel.com> Sent: Wednesday, July 29, 2020 9:53 AM To: joegragg@watertechlabs.com; cathygragg@watertechlabs.com Cc: Team Fabra Subject RE: Samples received today at GEL 7/24 WATR_516921 Attachments: 516921, pdf Hey Joe, Thanks for speaking with me this morning. Attached is the COC and a link to the FedEx tracking number. As discussed, these samples made it to Chesapeake, VA on 06/20 and obviously got lost in their warehouse. According to the FedEx website the samples left Chesapeake, VA on 07/18 arriving to our facility on 07/24. httos://ww r.fedex.com/ap s fedextrack/?trknbr=961101915623110000a197&trkqual=22©2©11562311CLi000197-F[3E G&locale=en US&cntry code=u We will cancel the analysis. Thank you. Lindsay H. Fabra Project Specialist GEL Laboratories L 2040 Savage Road, Charleston, SC 29407 l PO Box 30712, Charleston, SC 29417 Office Main: 843.556,8171 l Fax: 843.766.1178 E-Mail: lindsay.fabrapgel.ica_ m l Website: www,geLc om Analytical Testing From: Sam Hogan <Sam.Hogan@gef.com> Sent: Wednesday, July 29, 2020 8:31 AM To: joegragg@watertechlabs.com Cc: Team Fabra <Team,Fabra@gel.com> Subject: RE: Samples received today at GEL 7/24 WATR Good Morning Joe, Please see below and advise. Thank you Sam Hogan Project Manager Assistant 2040 Savage Road, Charleston, SC 29407 I PO Box 30712, Charleston, SC 29417 Office Direct: 843.556.8171 ext. 4523 I Office Main: 843,556.8171 I Fax: 843.766.1178 E-Mail: s m. an .com I I Website: www gel.corn Analytical Testing From: Sam Hogan Sent: Friday, July 24, 2020 1:50 PM To: ioegragg@watertechlabs.corn Cc: Team Fabra <Team.Fabra@gel,com> Subject: Samples received today at GEL 7/24 WATR Good afternoon Joe, For the Town of Grover low level mercury samples that we received today, the seal on the blank was broken and the container was received empty. Please be aware that according to the EPA Method, an equipment/field blank and a field (sample) duplicate is required for every 10 samples collected as well as one trip blank per sampling event. How would you like us to proceed? Thank you Sam Hogan Project Mana er Assistant 2040 Savage Road, Charleston, SC 29407 l PO Box 30712, Charleston, SC 29417 Office Direct: 843.556.8171 ext. 4523 1 Office Main: 843.556.8171 1 Fax: 843.766.1178 E-Mail: sam.hogan@gel.com I Website: www.gel.com Anai, cal Testin CONFIDENTIALITY NOTICE: This e-mail 3nd any files transmitted with it are the property of The GEL Group, Inc. and its affiliates. All rights, including without limitation copyright, are reserved. The proprietary information contained in this e- mail rnessage, and any files transmitted with it, is intended for the use of the recipient(s) named above. If the reader of this e-mail is not the intended recipient, you are hereby notified that you have received this e-mail in error and that any review, distribution or copying of this e-mail or any files transmitted with it is strictly prohibited. If you have received this e-mail in error, please notify the sender immediately and delete the original message and any files transmitted. The unauthorized use of this e-mail or any files transmitted with it is prohibited and disclaimed by The GEL Group, Inc. and its affiliates.. L Quoie. i, .' Number ili• ") picld Filtered; Per liquid ma; 4,) Matrix r deti„ llky..Dri rye e.! Sampie Anulvsis"t,ect�. -eid Duplicate, Ell . Equip-nem plaa4 , HS= Matrix Spike Samp c, NISI) Matrix y' k r tF indrdatetivith - t x Y : ' DcFxtrat= 4tmple, for the *Tie was Feld littered err. N . for anmpk was not field fllteicth • �W.Creoornd+eater, SW-'SurFaee Water, W4V=Waste Water, 1'1''�IVatrr, ML-Mj Liquid SO -sail, SD.SOrtrient, SL.Studge. SST -Solid Wave, dnicr8iadrequested (i.e.824OR,60ID13f7470A) end slumber ©Scrntaittcrsprovided for w.h(i.e. 82600:),6010B/747Q1 -7), ctd, Nf Nilris Acid,. Sii Sodium Hydroxide, SA Sul fun d Acid, ,t,p ,45dorbic Acid, IiX g 4ei wurr staoues, LLC 2040 Savage Road �sistrt.'177"—•-- Cab nt :18A3) 556-8171 C Summ level 1 se�ti,rl�; t:usrlyde ' f17Tirtac' Carepose !T�Fc' 1, N=Nasal Received B Carrier and Trnddng Nntnber Suspected Huard Information old prose Doily check per Corrrd tenerature gun? .Saarrgates requiring diet neat at proper pli7 Lau any samples require V Analysis? Bat oaL Are sample containers identifiable as GEL provided? IOC Form is properly signed in rplinquishedlreceived sections? CPR4 / mR/Ftr d S Field Services Courier Other Net Counts > 100cpm on samples not nuuiced "racilesctiva", cannel theNadi ott UNq: y Cexapl rl7 Yea No s'dmum Net Counts Observed* (Observe! Counts - Area Backo Classified as: Rad 't Rad 2 Rad 3 gTO1°d Cams): RC&A Asbestos R)a Other o Oates cat xnntaineas No tinier on eoctaisaets C io reitiaiisorunar8 ee Cd7C tithc�t Appli'eablc: Not rclintiutrslrer& Othnr(describe) SAMPLE: PERMIT* Grover POST OFFICE BOX 1 GRANITE FALLS, ADDRESS: Town of Grover 1810 OakvaileyDrive Gastonia, NC COLLECTION DATE 41 2020 ' LL' TP NTIM. 08:00 RECEIVED DATE: 4/8/2020 RECEIVED TIME: 14:40 REPORTED: 4130/2020 ANALYSIS BOD 169 NH3 Fecal Co NO2118 TKN N �•x T Phosphorus FLUENT 22.0 8.85 270 22,0 2907 52.7 4 ANALYSIS UNITS DATE ANALYSIS !NFLF"T UNITS O 588 T88 107 NH3 46.75 jdg 2 0 4/20120 4/20/20 420120 4/2 120 DATE ANALYST 4 0 4l9/20 +9120' LOG ID: 20 : REPORT EISCERTIFIEDL if 50 Tors ra ; r, I ab p ALE, PER yr BOX 1056 #5 PIN GRANrrE FALLS, NORTH CA ( r k44 Edge ADDRESS: Town of Grover 1810 kvll y Drive Gastonia, NC 28054 LOG I. 2-1 2 COLLECTION ATE 4/8/2020 wuEcrioN TIME: :4 RECEIVED DATE 412020 f?ECEIVED WE:14:40 REPORTED: 4i1612020 REPORTED BY: '. "C CERTIFIED 1 50 Tony r WATER TECH LABS, INC. 5 Pinewood Plaza ©rive • P.O. Box 1056 Granite Falls, NC 28630 Phone (828) 396-4444 CHAIN OF CUSTODY CLIENT: Town of Grover PHONE #: Mtn; :James Davis Pisa Collection inarrnttlon Sample Location Facllit Name Grover Influen Graver Effluent r rarer -Effluent Semi -Annually) Grover -Aeration e'inh-d quleh -d PRESERVATION. ool6©C []HNO3 H2SO4 echlorinating Agent J NaOH l J Other PERMIT #: TYPE SAMPLE: Wastewater SAMPLER NAME: Cr:P- " E CONTAINER Time: '1, Recel r+ed Time: R:.. SAMPLE TEMP. Q LAB (°C) 1 - Chlorine Residual 0'S mcglI NC CERTIFIED LAB # 50 ANALYSIS REQUIRED BOO, TSS, lIfH3 BOD, TSS, NH3 T.N. & T.PO4 DIVISION OF AVATER RESOURCES - CIVIL PENALTY ASSESSMENT Violator: Town of Grover Facility Name: Grover WWTP Permit Number: NC0065242 County: Cleveland Case Number: LM-2020-0037 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. Iddarevera the discharge trf trhated t 11lit excess of pyratil limitations has the doterdual to adversely dupact natural res(r(ir(es. 2) The duration and gravity of the violation; as iliosilownital in Attachinc at A 3) The effect on ground or surface water quantity or quality or on air quality; Not», thietitilCrkted. Ithavvvera discharge 4)1h-rated childent in excess .(t1 permit dilatations tud the p(dentid to adversely inii)act surface waters,. 4) The cost tif rectifying the damage; an Mom n 5) The amount of money saved by noncompliance; 1hik dad 11 6) Whether the violation was committed willfully or intentionally; init suspected to be IN eurui 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 Sample Location: Outfall 00'1 - Effluent Violation Report Date Period Parameter Violation Type NOD 10/31/2019 1t7-2019 Nitrogen. Ammonia Total N) - Concentration Monthly Average Exceeded NOV CPA NOV•2019-LV-0922 4/25/2020 4-2020 Nitrogen,, Ammonia Total (as N) - Concentration Weekly Average Exceeded 4/30/2020 4-2020 Nitrogen, Ammonia Total (as N) - Concentration /2019 6-2019 Nitrogen, Ammonia Total N) - Concentration Monthly Average Exceeded hly Avera Exceeded NOV-2020-LV-0469 LV-2020-1167 9/30/2019 9-2019 Nitrogen, Ammonia Total (as Monthly Average 8) The cost to the State of the enforcement. procedures. $112,70 10/6/2020 Date DocuSigned by: A94CC681AF27425 , NOV-2020-LV-0469 LV-2020-0187 NOV-2019-LV-0 85 LV-2019-0219 NOV-2019-LV-C 871 W.. Corey Basinger, Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office Division of Water Resources, NCDEQ