NC0065242_Regional Office Historical File Pre 2018 (7)

ROY COOPER
Governor
MICHAEL S. REGAN
Swerary
LINDA CULPEPPER
orator
Certified Mail # 7018 0360 0002 2099 1420
Return Receipt Rea ues ed
Bill Willis
Town of Grover
PO Box 189
Grover, NC 28073-0189
NORTH CAROUNA
EmiroitatEnta Quality
October 04, 2019
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.100
and NPDES WW Permit No. NC0065242
Town of Grover
Grover WWTP
CaseNo, LV-2019-0219
Cleveland County
Dear Mr. Willis:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $610.46 ($500.00 civil penalty
-4- $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
(DMR) submitted by Town of Grover for the month of June 2019. 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 June 2019, are summarized in Attachment A to this letter.
Based upon the above facts, 1 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. 143-215.1(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 of a permit required by G.S.
143-215.1(a).
North Corollas DeptiAmmeat cif Environmental Querity Dtosion oiWt Resources
Mooissvfite Regional Office 610 Egra Center Averoe, St e 301 t MoDresvale, North Carolina 281 /5
7044383-14399

Based a ve dings 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
$500,00 TOTAL CIVIL PENALTY
$110.46 Enforcement Costs
$610.46 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 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 ofthe following.
Submit payment of the penalty, OR
Submit a written request for remission, OR
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 nor include waiver
four). 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

Pr —Option Submit a wrrtten request for remission or mitigation including a detailed justification for such
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 143E-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
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.
Director of the Division of Water Resources will review your evidence and inform you of his decision •
In order to request remission, you must complete and submit the enclosed "Request f`or 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 27699-1.617

Option 3: File a petition for an administrativehearing 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.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 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 Office of Administrative He 'n s with all uesti n re ardin the ill' 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: [phone]
Fax: [phone]
One ( 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 e ease number (as found on page one of this letter) on the petition.
Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal
date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for
collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations
that occur after the review period of this assessment.
If you have any questions, please contact Ori Tuvia with the Division of Water Resources staff of the Mooresville Regional
Office at [phone] or via email at [e-mail].
Sincerely,
W. Corey Basinger, Regional Supervisor
Water Quality, Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
ATTACHMENTS.
Cc: WQS Mooresville Regional Office - Enforcement File
NPDES Compliance/Enforcement Unit - Enforcement File

Pr -
JUSTIFICATION FOR RE ON R<ltil� I
Case Number: LV-2O19-O219
Assessed Party: Town of Grover
Permit No.: NC0065242
County: Cleveland
Amount Assessed: $610.46
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(b) 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 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 for),;
(d) the violator had not been assessed civil penalties for any previous violations,
(e) payment of the civil penalty
how payment of the civil penalty
compliance).
ATI©N:
prevent payment for the remaining necessary remedial actions (i.e., explain
prevent you from performing the activities necessary to achieve

STATE OF NORTH CAROL A DEPARTMT OF F. f .ONN NT QUALITY
COUF,ITY OF CLEVELAND
IN T IE"LIB OF ASSESSMENT
OF CIVIL PENALTIES ACrA INST
To ri of Grover
Grove r .I
PER 1 T NO. NC0065242
11 OF RIGHT TO AN
ISTRAT HEA
STIPULATIONULATION OF FACTS
CASE NO. LY- OI -Q 1
Having been assessed civil penalties totaling $610.46 for violations) as set forth in the assessment document of the Division
of Water Resources dated October 04, 2019, the undersigned, desiring to seek remission ofthe civil penalty, does hereby
waive the right to an administrative hearing in the above -stated matter d does stipulate that the facts are alleged in the
assessment document, The undersigned further understands that all evidence presented in support of remission of this civil
penalty must be subitted to the Director of the Division of Water Resources within thirty got days of receipt of the notice
of assessment No new evidence in support of a remission request will be allowed atter (30) days from the receipt of the
notice of assessment
the dad'
ADDRESS
SIGNATURE
20
TFLFPHONE

PERMIT: NC0065 2
FACILITY: raven
ATTACHMENT A
Town of Grover
CASE NUMBER: LV-2019-0219
PLE LOCATION: Outfa11001 - Effluent
Violation Report
Date Il ethlYr Para
REGION: Moo vine
COUNTY: Cleveland
Unit f LimitUret CalculCalculated% Over Violation Penalty
Frequency Measure Value Value Limit Type Amount
61 012019 6- 019 Nitrogen, Ammonia Weekly
Total (as N) -
Concentration
0 6 02 54.4 Monthly 50 .00
Average
Exceeded

Certified Mail # 7018 0360 0002 2099 1376
Return. Receipt Requested
August 8, 2019
Bill Willis
Town of Grover
P© Box 189
Grover, NC 28073-0189
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2019-LV-0585
Permit No. NC0065242
Grover WWTP
Cleveland County
Dear Mr. Willis:
A review of the June 2019 Discharge Monitoring Report (DMR) for the subject facility revealed the violations)
indicated below:
limit. Exceedance Violatian(sX
Sample
Location Parameter
Limit Reported
Date Value Value Type of Violation
001 Effluent Nitrogen, Ammonia Total' (as 6/30/2019 3.9 6.02 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. 143-215.6A, a dvil penalty of
not more than twenty -fire thousand dollars ($25,000.00) 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.

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 Pernittee 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,
rron,sgned by.
/I..+G.Zw N P:
F161FB69A2O84A3.,.
for
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 File

DIVISION
Violator: Town of Grover
Facility Name: Grover WWTP
Permit Number: NC0065242
County: Cleveland
Case Number: LV-2019-0219
ATER RESOURCES - CIVIL PENALTY ASSESSMENT
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 viola 'on;
fichW
2) The duration and gravity of the violation;
s /M,./ 7/A
(
,./P"'
3) The effect on ground or surface water quantity or quality or on air quality;
4) The cost of rectifying the damage;
/
4,/ k
5) The amount of money saved by noncompliance;
6) Whether the violation was committed willfully or intentionally;
7," -
ee:";*-`
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
4/24/2019 4-2019 Chlorine, Total Residual
Daily Maximum
Exceeded
4/30/2019 4-2019 Nitrogen, Ammonia Total (as Monthly Average
N) - Concentration Exceeded
5/31/2019 5-2019 Nitrogen, Ammonia Total (as Monthly Average
N) - Concentration Exceeded
7 /2018 7-2018 Nitrogen, Ammonia Total (as Monthly Average
N) - Concentration Exceeded
8/31/2018 8-2018 Nitrogen, Ammonia Total (as Monthly Average
N) - Concentration Exceeded
NOV-2019-LV-0422
NOV-2019-LV-0422
NOV-2019-LV-0488
NOV-2018-LV-0762
NOV-2018-LV-0770 LV-

8) The cost to ttic State of the nforcemeat tar a tur
Enforcement Cost.
1 hour staff
1 hour supervisor
Administrative /CO staff cost......
Total enforcement cost
S110,46
Dal+
37.74
57.72
15,00
110,46
W. Corey Basinger, a ion l Supervisor
6 ater Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ